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Reuters: Visible Minorities (“Foreign-born residents”) file lawsuit against government for police racial profiling. Good. Go for it.

mytest

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Foreign-born residents file suit in Japan over alleged racial profiling
By Chris Gallagher
Reuters January 29, 2024, courtesy of Senaiho
Article with excellent video on the case with statements from the Plaintiffs at
https://www.reuters.com/world/asia-pacific/foreign-born-residents-file-suit-japan-over-alleged-racial-profiling-2024-01-29/

TOKYO, Jan 29 – Three foreign-born residents of Japan filed a lawsuit on Monday against the national and local governments over alleged illegal questioning by police based on racial profiling.

It is the first such lawsuit in Japan, according to the plaintiffs’ lawyers, and comes amid a sharp rise in the number of foreign workers coming to the country to help stem labour shortages as its population ages and declines.

It also comes amid a renewed debate over what it means to be and look Japanese, after a Ukrainian-born, naturalised Japanese citizen was crowned Miss Japan last week.

The three men filed the lawsuit with the Tokyo District Court demanding that the national, Tokyo Metropolitan and Aichi Prefecture governments recognise that it is illegal for police officers to stop and question people solely on the basis of their race, nationality or ethnicity.

The plaintiffs say they have suffered distress from repeated police questioning based on their appearance and ethnicity, which they say is a violation of the constitution.

The Tokyo Metropolitan Government, Aichi Prefectural Government and National Police Agency all declined to comment, while representatives of the Ministry of Justice could not be reached. ENDS
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COMMENT: I won’t decline to comment. Debito.org has reported at length on how racial profiling is standard operating procedure for the Japanese police, so it’s an issue that deserves to be pursued in court. We’ve also sued the government before, and think it’s unlikely they’ll win (we didn’t). But it’s worth doing for the awareness raising. If we can get it on the record that the judiciary recognizes this as “racial profiling”, or even that “racial profiling” actually exists in Japan as a term and a phenomenon, this will be a big step ahead. Plaintiffs, go for it, and good luck, says Debito.org. Debito Arudou, Ph.D.

PS.  This has made big international news, the likes I haven’t really seen since the Otaru Onsens Case.  Good.  Links to sources here.

Here’s another good one:

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3 foreign-born residents in Japan file suit over claims of racial profiling by police
January 29, 2024 (Mainichi Japan), courtesy of Kimpatsu
https://mainichi.jp/english/articles/20240129/p2a/00m/0na/019000c

PHOTO CAPTION:  The plaintiffs, from left to right, Maurice, Zain Syed and Matthew participate in a press conference at the Tokyo District Court in Tokyo’s Chiyoda Ward on Jan. 29, 2024. (Mainichi/Jun Ida)

TOKYO — Three foreign-born residents of Japan filed suit at the Tokyo District Court on Jan. 29 against the Japanese state plus the Tokyo Metropolitan and Aichi Prefectural governments for what they claim is frequent police questioning based solely on their ethnicity, or racial profiling.

In addition to 3.3 million yen (about $22,000) each in compensation, the plaintiffs are demanding confirmation from the Tokyo and Aichi Prefectural governments that it is illegal for police officers to stop and question a person because of their race or nationality, and confirmation that the National Police Agency (NPA) is responsible for directing and making sure forces across Japan don’t engage in racial profiling. They allege that the police questioning violates Japanese constitutional guarantees of freedom from racial discrimination and respect for the individual, as well as Japanese law requiring probable cause for officers to stop and question someone.

Zain Syed, who came to Japan from Pakistan with his family when he was 8 and became a Japanese citizen at age 13, claims in the complaint that he has been questioned by police 15 times since moving to Nagoya as a teenager in 2016. In one incident in April 2023, he said that officers questioning him outside his home asked to see his foreign resident card, and searched his belongings when he informed them that he was a Japanese citizen. The officers allegedly never told Zain why he was being questioned.

“I understand it (police questioning) is extremely important for Japan’s public security,” Zain told a Jan. 29 press conference. However, his own frequent questioning made him suspect that people around him believed he might commit a crime because of his ‘foreign’ appearance. “I think there’s a very strong image that ‘foreigner’ equals ‘criminal,'” he said.

Fellow plaintiffs Maurice, a Black American, and Matthew, a South Pacific Islander of Indian descent, claim similar incidents of harassment when the officers involved did not give a clear legal reason for stopping them.

Maurice claims he has been questioned by police in public 16 or 17 times in the about 10 years he has lived in Japan. He told The Mainichi that it has “ramped up especially in the past five to six years.

“All I know is that if they (the police) stop me on the road and I don’t get a ticket, well, why did you stop me?” he said. And beyond the police, Maurice added that he is subjected to “extra questioning about what I’m doing” by regular people, including, “Are you overstaying your visa? Why are you here?”

Matthew states that police have questioned him at least 70 times since he arrived in Japan in 2002. In an incident in October 2021, Matthew said that officers who had pulled him and his Japanese wife over even stated that they had stopped the couple because “it’s rare to see a foreigner driving around here.” He added that he feels like he could be approached by police anywhere he goes in Tokyo, and multiple times, and that he now avoids going out.

Racial profiling, or the use of race, skin color, ethnicity, and other factors to suspect that someone is involved in crime, or target them for a police investigation, is a serious problem worldwide. In 2020, The United Nations’ Committee on the Elimination of Racial Discrimination has recommended countries to formulate guidelines to prevent racial profiling.

In December 2021, the U.S. Embassy in Japan revealed on its Twitter account that it had “received reports of foreigners stopped and searched by Japanese police in suspected racial profiling incidents.” Japanese lawmakers demanded the NPA report on the situation, and in April 2022 the agency began examining complaints, inquiries, and other consultations with police forces across the country. In November 2022, the NPA announced that it found six cases of police officers questioning people inappropriately or without cause based on national and racial stereotypes in 2021.

Meanwhile, a Tokyo Bar Association survey of foreign residents and those with foreign roots carried out between January and February 2022 found that 62.9% of the 2,094 respondents claimed they had been questioned by police in the past five years. Of these, 85.4% said that officers approached them while acknowledging that they were someone with foreign roots based on “physical features” and other factors. And some 76.9% believed that there were no other factors than them being “a foreigner or someone with foreign roots” that prompted officers to approach them.

Plaintiffs’ attorney Motoki Taniguchi told the conference that, as the Japanese government tries to attract more foreign workers to combat the impact of its aging society and low birth rate, “society must be structured so that we can all live together with people with different roots.” He added that racial profiling by police has made “not a few people with foreign roots feel they’ve had enough, that they’re tired of Japan. Japan hasn’t formed the mindset yet that they (people with foreign roots) should be welcomed and treated as members of Japanese society.”

Police questioning “happens on the street, so naturally people who are around see this and may think that foreigners are up to no good. It reinforces a stigma. This completely contradicts the Japanese government’s policy of welcoming more foreigners to Japan.”

Zain noted that the number of people with foreign roots in Japanese society, including at schools, is rising, and will grow further as people stay long-term and have children here. “Compared to when I was a child, there are more people who, even if they look ‘foreign,’ they were born and raised in Japan and can only speak Japanese. I don’t want them to have the same experiences (with police) as I did, and I’d like to see a widening change of awareness across Japanese society,” he said.

(By Jun Ida and Robert Sakai-Irvine, The Mainichi staff writers) ENDS

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Japan Times: “Fukuoka court rules ban on dual nationality is constitutional”. Debito.org makes the case for why banning dual nationality is unrealistic, not to mention just plain stupid, with an excerpt from my book “Embedded Racism”.

mytest

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Hi Blog. First this article, then a comment:

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Fukuoka court rules ban on dual nationality is constitutional
Yuri Kondo (center), the plaintiff of a dual nationality case, speaks during a news conference Wednesday in the city of Fukuoka after the Fukuoka District Court handed down a ruling on her case.
BY ANIKA OSAKI EXUM, The Japan Times, Dec 6, 2023
https://www.japantimes.co.jp/news/2023/12/06/japan/crime-legal/dual-nationality-fukuoka-ruling/
Courtesy of lots of people, including Dave Spector
Discussion already underway on Debito.org in an earlier blog post Comments section here.

FUKUOKA – The Fukuoka District Court ruled Wednesday that Japan’s law that bans dual nationality is constitutional, rejecting an argument by a Japan-born plaintiff who lost her Japanese citizenship after she naturalized as an American.

Yuri Kondo, 76, had argued that the nationality law — which stipulates that Japanese nationals will lose their citizenship if they become a citizen of a foreign country — undermines fundamental human rights to pursue happiness, self-determination, and identity, as guaranteed under the Constitution.

While the nationality law was deemed constitutional, presiding Judge Fumitaka Hayashi said the wish of the individual who would lose their nationality should be considered as it is part of a person’s identity.

Hayashi also touched on the fact that since the nationality law was last revised in 1984, the number of countries allowing dual nationality has increased from one-third to three-quarters worldwide, reflecting a change in global attitudes.

“It is worth considering allowing individuals to remain dual nationals and giving them a certain period of time to choose a nationality, as proposed by the plaintiffs,” said Hayashi.

Born and raised in Japan, Kondo spent nearly four decades working and raising a family in the United States. She became a U.S. citizen in 2004.

After traveling back and forth between her home countries with both nationalities for years, she was flagged as being a dual citizen in 2017 — first at a passport office in Tokyo, where her passport was confiscated and her application rejected, and then by airport immigration officials when they realized she was exiting Japan with an American passport that had no entrance stamp.

Today, Kondo only has an American passport. She hasn’t reapplied to renew her Japanese one, fearing it would be denied again. However, she still retains her Japanese family registry and she also hasn’t received any follow-ups from the government asking her to formally withdraw one of her nationalities.

Kondo returned in 2020 at the start of the COVID-19 pandemic and has remained in Fukuoka ever since. She feared she might not be able to return to Japan if she left and now fears that she’ll face punishment for overstaying while her citizenship status remains in limbo.

During her time as a lawyer in the U.S., Kondo was consulted by many Japanese people living overseas facing similar situations. So, in hopes of advocating not only for herself but for many others too, she filed the lawsuit in 2022 questioning the constitutionality of the nationality law, its lack of procedure and the harm it’s caused to people who have Japanese roots.

After hearing the Fukuoka court’s ruling Wednesday, Kondo admitted she felt a bit deflated.

“In a way, I thought ‘Again?’” she said, referencing a recent ruling by the Supreme Court upholding the dismissal of another dual nationality case filed in Tokyo.

Kondo questioned the part of the ruling where it was stated that Japan permits the opportunity to choose a nationality. Many people — including those from whom she receives emails for consultation — are unaware that choosing another citizenship means they will automatically lose their Japanese citizenship, as in her case, she said.

Japanese law prohibits citizens from having more than one nationality after the age of 20. But when it comes to the requirements and enforcement surrounding those rules, the process is murky at best.

In September, the Supreme Court dismissed an appeal on a separate dual nationality case, involving eight plaintiffs currently living in Europe, which questioned the law’s constitutionality.

The Supreme Court rejected the basis of the appeal, upholding the original district court dismissal of the case that stated the law works to prevent “friction” that could arise from having dual nationality. The lower court ruling also noted that Japan still allows the freedom to change nationality.

Lawyers, some of whom are also working on Kondo’s case, said that the Supreme Court’s dismissal didn’t include a sufficient rationale behind the decision and requested a retrial.

With the Fukuoka court ruling though, Kondo’s lawyers felt there was significant progress in the court’s choice of words, as it mentioned the significance of Japanese nationality being the basis of one’s human rights and identity.

“For the first time, (the ruling) clearly stated that an individual’s intention must be respected to the fullest extent possible if they were to lose their citizenship,” lawyer Teruo Naka said. “I believe this is tremendously significant and this verdict signals significant progress in certain areas.”

There are currently multiple ongoing lawsuits against the government concerning Japan’s dual nationality law. Other cases include one filed in Tokyo that involves a child who was stripped of Japanese citizenship after the child’s parents applied for the child’s British passport, and another in Kyoto by a Japanese person who obtained Canadian citizenship. ENDS
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COMMENT FROM DEBITO: Most arguments made by the Japanese Government dovetail around the idea that people will be somehow confused in terms of national allegiances if they have more than one nationality. For what if Japan went to war with the country you have a second passport for? Where would your allegiances lie?

Crafting public policy merely on the basis of hypotheticals is not the best way to make laws. As noted above in the article, the number of countries allowing dual nationality is in fact increasing (“the number of countries allowing dual nationality has increased from one-third to three-quarters worldwide“), as more people around the world travel, resettle, immigrate, marry, and have multinational children as well as lives.  Forcing them to give up their other nationality is to force them to give up part of their identity — a completely unnecessary and moreover psychologically damaging move just for the sake of bureaucratic convenience.  And that’s before we get into issues of arbitrary enforceability, as discussed below.

The increase in diversity should be reflected in laws to accommodate reality.  Instead, we have pig-headed J politicians who can’t imagine a life beyond their own experiences (with the exception of the LDP’s Kouno Taro, who actually argued for dual nationality, albeit to coat the Kokutai in more glory, not for the sake of the individual’s identity) and refuse to legislate reality into reality.  And that feeds into a hidebound judiciary that claim they can only enforce the law as it’s written (even presiding Judge Hayashi above expressed regret at that).

To finish up, let me excerpt from my book “Embedded Racism” on this topic.  It’ll make the case about why public policy is as stupid as it is as best I can.  Debito Arudou, Ph.D.

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From Arudou, Debito, “Embedded Racism:  Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, 2nd Edition, pp 117-122, plus footnotes)

Legal Renunciation/Revocation of Japanese Citizenship and Wajin Privilege

Japan’s Nationality Law also allows for renunciation and unilateral revocation of citizenship, which may happen, for example, because dual nationality is not permitted. According to Articles 14 through 16, if a child has two nationalities, the child must have surrendered one of them with written proof to the Ministry of Justice by age 22). If not done promptly and correctly, the Law states that criminal penalties, including revocation of Japanese citizenship, can apply. Also, according to the Law, kokumin who take out (or choose) another citizenship must also declare it to the Government of Japan (GOJ) and renounce Japanese citizenship.[i]

            However, people who can claim blood ties to Japan’s Wajin majority enjoy significant privilege under the Nationality Law. Notwithstanding the entitlement-by-blood privileges that are the definition of a jus sanguinis system, Nikkei persons of Japanese descent get a faster track for obtaining nationality (Article 6), and even former citizens get special Wajin privileges after renunciation (Article 17, neither of which happen, for example, under United States’ nationality laws).[ii] Moreover, Wajin children of international marriages often keep dual nationality beyond the age of 22 due to unenforced regulations.[iii]

That said, the GOJ has been given more latitude in recent years to put Japan’s international children on legal tenterhooks: In 2015, the Supreme Court creatively interpreted Article 12 to allow the unilateral revocation of Japanese citizenship for clerical errors in cases where Japanese children were born overseas; and in 2021, a lower court ruled that citizens discovered with dual passports beyond the age of 22 can be stripped of their Japanese nationality at the GOJ’s discretion.[iv] Naturally, this incentivizes adults with international backgrounds to suppress their diversity in favor of Japan’s pure-blooded monoethnic narrative.[v]

An Example of Wajin Privilege and Politics under the Nationality Law: The Alberto and Aritomi Fujimori Cases

An instructive case of Wajin privilege under the Nationality Law is that of former Peruvian President Alberto Fujimori,[vi] born in Peru to two Japan-born émigré Wajin parents. Fujimori was reportedly a dual citizen of Japan and Peru due to his parents registering him in Kumamoto from within Peru as a child (more on Japan’s registry systems below). In 2000, after a decade in office laden with allegations of corruption and human rights abuses,[vii] Fujimori infamously resigned his presidency via a Tōkyō hotel room fax and declared himself a Japanese citizen. Despite holding public office overseas, in contravention of Nationality Law Article 16.2, Fujimori received a Japanese passport weeks later (when most applications can take a year or two to process).[viii] Then, despite international arrest warrants, Fujimori was not extradited, and enjoyed a comfortable lifestyle with his fellow naturalized brother-in-law Aritomi[ix] in Tōkyō’s high society until 2005.[x] Although the media assigned cause to political connections, e.g., “favorit[ism] among conservative politicians… enamored with the idea of a man with Japanese ancestry reaching political heights abroad,”[xi] Fujimori’s case is nevertheless one of privilege.[xii] This is in contrast to scenarios under Japan’s nationality regime where even half-Wajin children caught in bureaucratic registration dilemmas (such as being born of one North Korean parent)[xiii]have been rendered stateless due to geopolitical conceits, with legal protections of no country.

Supreme Court 2008 Interpretation of the Nationality Law: Human Rights in Japan Predicated upon having Japanese Citizenship

Other recent developments have made clear that human and civil rights in Japan are connected to having Japanese citizenship. Japan’s Supreme Court, in a landmark decision in June 2008, declared unconstitutional a clause in Article 3 requiring acknowledgment of Wajin paternity through marriage. That is to say, enforcement of the Nationality Law could no longer deny Japanese nationality to a child of a non-citizen woman and a Wajin man who had been born out of wedlock (or else had not been properly registered before birth). The Supreme Court’s express legal reasoning behind declaring this situation unconstitutional was, inter alia, that a lack of Japanese nationality is the cause of discrimination, and that obtaining Japanese nationality is essential for basic human rights to be guaranteed in Japan.[xiv] This systematic linkage between rights and citizenship has also been reaffirmed in pinpoint examples, such as the GOJ’s biased Prime Ministerial Cabinet surveys of human rights in Japan;[xv] and, famously, a police prosecutor in Saga Prefecture bravely admitted in 2011, “We were taught that… foreigners have no human rights” when under police detention and interrogation.[xvi]

At this juncture, it is important to emphasize the embedded discourse behind the Supreme Court’s legal reasoning here: Human rights in Japan are not linked to being human; they are linked to holding Japanese citizenship.[xvii] That is the crux of this research. That means the process of granting, restricting, or denying citizenship to select people is the gatekeeping mechanism any nation-state has over the enforcement of civil and political rights and privileges. However, as will be described below, the systemic granting of special privileges to people with Wajin blood ties also embeds a racialized framework behind equal protection under the law. It is the essential ideology justifying a structurally unequal treatment of non-kokumin at all other levels of society.

Japan’s Nationality Law from an International Comparative Perspective: Becoming An Outlier

Although the gatekeeping mechanism of naturalization is available to any nation-state through its citizenship laws, Kashiwazaki (2000) offers a comparative perspective of structural inequality in Japan’s citizenship rules:

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

Kashiwazaki also cites five characteristics of how Japan is distinctive in restricting access to citizenship: 1) Jus sanguinisonly for nationality transmission, with no concession made for former “Commonwealth”-style colonial historical ties, 2) tight border control, 3) strict naturalization rules that only go through the Ministry of Justice, 4) a close relationship between nationality and family registry, and 5) restrictive access to Permanent Residency status (437-47).

Now that we have established the barriers to becoming a kokumin, let us proceed to the second hurdle for national membership as a national: how kokumin are officially registered as citizens, and, conversely, how non-citizens have been officially excluded as residents of Japan.

FOOTNOTES

[i] Independent researcher and translator William Wetherall disputes this research’s interpretation of “renunciation” on his website (www.wetherall.sakura.ne.jp/yoshabunko///nationality/Dual_nationality.html), writing as of 2017 that the converse, dual nationality, is “not forbidden, unpreventable, and tacitly permitted,” because the GOJ works under a “pragmatic recognition of its inability to force Japanese nationals to renounce other nationalities.” He disputes the GOJ’s power of revocation under the Nationality Law between the semantics of “abandoning” (hōki) versus “revoking” (ridatsu) versus “choosing” (sentaku) Japanese nationality. In other words, in Wetherall’s reading, as far as the GOJ is concerned, the only issue is the “choice” or “revocation” of Japanese nationality, not the “revocation” or “abandonment” of foreign nationalities, so the GOJ has no power to force dual nationals to “abandon” foreign and “choose” Japanese.

That said, the Nationality Law nevertheless officially demands the “choice” of Japanese nationality only, and does not allow citizens to “choose” other nationalities without (in principle) “losing” (sōshitsu) Japanese nationality. Parts of this law are backed up by criminal penalties for noncompliance (Article 20), direct permissions and punishment by the Minister of Justice (e.g., Article 16), and recent court decisions mentioned in this chapter further empowering the GOJ’s ability to punish dual citizenship holders. My read is that whether or not the GOJ chooses to enforce the Nationality Law remains at their discretion; as we shall see below in this chapter, Japan’s administrative branch has great extralegal power to “clarify” laws through ministerial directive (see also Asakawa ibid). This enables bureaucrats, acting on behalf of the Minister of Justice, to activate or strengthen formerly dormant sections of the law given the exigencies of current political policy.

[ii] United States Department of State, personal communications, January and March 2011.

[iii] Furthermore, under Nationality Law Article 2.3, babies born in Japan whose nationality is unknown, or whose parents are unknown, are by default Japanese nationals (which leads to a conundrum when Non-Wajin babies are left in hospital “baby hatches” for abandoned children; incidentally, this loophole is the only way Japanese citizenship may be acquired by jus soli. See “Foreign baby left at ‘baby hatch’.” Kyodo News, September 8, 2008; “Akachan pōsto ni gaikokujin no kodomo: Kumamoto-shi no Jikei Byōin.” [Foreign baby left in “baby hatch” at Kumamoto clinic], 47News.jp, September 8, 2008. Vaguely, the media determined the “foreignness” of the baby as due to the unknown parents reportedly being Zainichi. More at www.debito.org/?p=1900.

[iv] “Top court backs repeal of Japanese nationality due to parents’ lapse abroad.” Asahi Shinbun, March 11, 2015, at www.debito.org/?p=13144; “Court rules in favor of Japan’s ban on dual nationality.” Mainichi Shinbun, January 21, 2021, at www.debito.org/?p=16393.

[v] “Dual citizenship in Japan: A ‘don’t ask, don’t tell’ policy leaves many in the dark.” Japan Times, feature undated, mid-2018.

[vi] Sources for this section include: “Ex-President Fujimori should face Justice.” Japan Today, July 16, 2001; “Fujimori dismisses Interpol notice.” Japan Times/Associated Press, March 30, 2003; “Fujimori gets Peru passport, eyes return.” Japan Times, September 15, 2005; “Japan ‘uncooperative’ in Fujimori probe.” Kyodo News, November 19, 2005; “Fujimori tied to $300,000 in ‘hidden’ bank account.” Kyodo News, November 30, 2005; “Ending Impunity: Pinochet’s involuntary legacy.” The Economist, December 13, 2006; “Ex-Peruvian President Fujimori asked to run in Japan elections.” Mainichi Daily News, June 19, 2007; “Editorial: Fujimori’s Candidacy.” Asahi Shinbun, July 12, 2007; “Diet seat eludes absentee Fujimori.” Kyodo News, July 31, 2007; “Fujimori returns to Peru to face trial.” Associated Press, September 23, 2007; “Fujimori convicted.” Associated Press, December 11, 2007; “Peru’s Fujimori gets 25 years for death squad.” Associated Press, April 8, 2009; Debito Arudou, “Fujimori gets his; Japan left shamed.” Japan Times, May 5, 2009.

[vii] See for example “Mass sterilisation scandal shocks Peru.”  BBC News, July 24, 2002; et al.

[viii] The GOJ expedited the process by claiming the “Master Nationality Rule”, an interpretation of Article 4 of 1930’s League of Nations Convention on Certain Questions Relating to the Conflict of Nationality Laws, where a state has the option to recognize a dual national as a sole national if it so chooses, as long as the person in question has the nationality of that state. The Japanese government chose to recognize only Fujimori’s “Japanese nationality,” based upon childhood family registration in Kumamoto from abroad, which is also in contravention of Japan’s Nationality Law. The GOJ also claimed that under the 1985 revision of the Nationality Law, which permitted citizenship to pass through the Japanese mother’s blood as well as the father’s, that children with multiple nationalities had until the end of 1986 to declare or forfeit Japanese nationality; those who declared nothing would be assumed to have retained Japanese nationality and forfeited all others. Since Fujimori had not declared either way, he was reportedly grandfathered in. See “The many faces of citizenship.” Japan Times, January 1, 2009. See also Anderson & Okuda (2003: 334-289). They conclude that Fujimori’s Japanese citizenship was legally binding, as he had never notified the Japanese government of his intent to give it up, and the Japanese government had declined to notify him that he had lost it.

[ix] Anderson & Okuda (2003: 310-8); see also “Fugitive Fujimori relative is shielded by Japan,” New York Times, July 19, 2001, regarding the case of Fujimori’s brother-in-law, and former Peruvian Ambassador to Japan, Victor Aritomi Shinto’s expedited naturalization into Japan. Although Anderson & Okuda conclude that Fujimori’s Japanese citizenship was not necessarily a politically-motivated move (albeit one of government “discretion” not to a priori notify Fujimori of his lost citizenship), since he legally retained it by not giving it up, the authors also conclude that Aritomi’s example was of dubious legal standing, since it was a naturalization procedure (not a latent holding of Japanese citizenship). Moreover, a) it took only six months, much less time than average, and b) it was awarded despite an outstanding international arrest warrant, in violation of the Nationality Law’s abovementioned requirement for “upright conduct.”

[x] See for example “Author Sono calls for racial segregation in op-ed piece.”  Japan Times, February 12, 2015, which mentions Sono opening her home to Fujimori. There is an even more curious epilogue to the Fujimori Case. Reportedly bored with his Tōkyō lifestyle (Sims, ibid), Fujimori renewed his Peruvian passport and flew to Chile in 2005 to stand for election in absentia in Peru, whereupon he was immediately put under arrest pending extradition. He lost the Peruvian election, but was able to run for election in Japan in absentia in 2007 (where he lost again). Then Chile extradited Fujimori to Peru, where he was ultimately sentenced to prison in 2009 for 29 years for human rights violations, including abuses of power, murder, and kidnapping. After being pardoned by the President of Peru in 2017, Peru’s Supreme Court reversed the pardon and put Fujimori back in prison in 2019.

[xi] Ibid, Associated Press, March 30, 2003.

[xii] This is not the only case of an alleged criminal facing extradition for criminal charges overseas taking refuge in Japan’s naturalization processes. Delfo Zorzi, aka Hagen Roi, despite accusations of neo-fascist terrorism and mass murder by the Italian judiciary for allegedly taking part in a massacre in Milan in 1969, was also granted Japanese citizenship even though government officials had been aware for years that he was a convicted criminal under extradition proceedings. The GOJ refused extradition, and Zorzi currently directs an import-export business in Aoyama, Tōkyō. See“Zorzi got citizenship despite criminal past”, Mainichi Daily News, June 2, 2000.

[xiii] “24 defectors from DPRK still stateless: Prejudice rife in Catch-22 situation”, Yomiuri Shinbun, June 13, 2007.

[xiv] “Top court says marriage requirement for nationality unconstitutional,” Kyodo News, June 4, 2008. See alsoIwasawa (1998: 303), and Bryant (1991-2). Bryant’s discussion of how the very definition of “Japanese citizenship” (official koseki family registration) creates discrimination towards children born out of wedlock or insufficiently registered is particularly informative.

[xv] More on this below, but the abovementioned Bureau of Human Rights survey asked leading questions casting doubt on foreigners’ grounds to have human rights, and consequently got responses indicating that a majority of the Japanese public “does not believe that foreigners should have the same human-rights protections as Japanese.” See “Human rights survey stinks: Government effort riddled with bias, bad science.” Japan Times, October 23, 2007.

[xvi] Debito Arudou, “For the sake of Japan’s future, foreigners deserve a fair shake”, Japan Times, December 6, 2011; Colin P.A. Jones, “Schizophrenic Constitution leaves foreigners’ rights mired in confusion”, Japan Times, November 1, 2011; “‘Yakuza to gaikokujin ni jinken wa nai to oshierareta’, moto kenji ga bakuro shita odoroku beki ‘shinjin kyōiku’ no jittai” [“We were taught that foreigners have no rights”: A former prosecutor confesses how new entrants are educated in surprising ways], Niconico News, May 23, 2011.

[xvii] Dōshisha Law School Professor Colin P.A. Jones (ibid) concurs: “[T]he Japanese Constitution speaks of defining equality and ‘fundamental human rights’ as being conditioned on nationality rather than being human.”

ENDS
======================
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My SNA Visible Minorities Column 50, “Memory-holing the ‘Japanese Only’ signs” (Oct 31, 2023), where I conclude that, since racial discrimination is unconstitutional but not illegal in Japan, the most effective way to get “Japanese Only” signs down is to get the media and government involved. If they won’t help, you’re probably out of luck.

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Memory-holing the “Japanese Only” signs

Exclusionary businesses have a long history in Japan, and people seem to be forgetting it.  Here’s a reminder from somebody who has studied them more than anybody.

By Debito Arudou.  Shingetsu News Agency VM 50, October 31, 2023

News Item:  The Okinawa Times reported that an izakaya pub in Naha put up a sign saying, in a mix of English and Japanese, “Because our staff can only speak Japanese, Japanese Only (sorry).  We don’t allow customers from overseas to enter our bar.”  Once it made the news, the local government tourist agency intervened, and after some weeks and back and forth, the bar took the sign down.  

For this, my 50th column for SNA, I’d like to take the reader on a little nostalgia trip through a project I’ve been working on for a quarter century:  “Japanese Only” signs.  

I’ve investigated and interviewed hundreds of these exclusionary places, published and updated seven books on this issue in English and Japanese, and curated on Debito.org the “Rogues’ Gallery of Exclusionary Establishments” since 1999 to make sure this issue doesn’t get memory-holed.   

For it seems that memory-holing is happening.  A SoraNews24 article on the Naha Case didn’t do much research, claiming somehow that, “Bars with Japanese-customers-only policies aren’t unheard of in Japan, but they’re becoming increasingly uncommon in the modern age. Moreover, when you do come across such establishments, they’re generally dedicated bars.”  (Incorrect.  The highest incidents of exclusionary rules are in fact hotels.)  

Then we get to the public reaction to the news.  When I put it up on Debito.org, some readers were defensive as usual, basically ranging from the “self-othering” by the Guestists (quote:  “I understand why they do it. I’m not offended. It’s their business and country.”) to the Ostriches who prefer, in spite of decades of evidence to the contrary, to bury their head in the sand and pretend the problem simply doesn’t exist (quote:  “You are overdramatizing things.  It doesn’t say we do not allow foreigners.  Being to those places as long as you speak Japanese you can enter anywhere.  You have to see things from their perspective too you know.  They don’t wanna get in trouble because a tourist doesn’t read nor understand.  As simple as that.”)

But it’s not as simple as that.  “Japanese Only” signs in fact predate the massive tourist influx to Japan over the past decade and thus cannot be blamed on them.  Yes, signs have popped up here and there since foreigners were allowed back in after the pandemic, but the earliest signs I’ve been able to verify started in 1992, when public baths in the city of Kofu put up signs refusing foreigners — particularly foreign women imported during the Bubble Era to work as bar hostesses and in the sex trades — due to the contemporary fear of AIDS (which of course was linked to foreigners).  Fortunately, once the Kofu Case hit national news, the city health department intervened, demanded the bathhouses cease excluding, and educated the public about how AIDS is actually transmitted (i.e., not through shared bathwater or bathhouse).

But then it bubbled up again in Otaru, a seaport in Hokkaido, when in 1993 “Japanese Only” signs went up in a couple of public baths ostensibly to bar Russian sailors shipping in seafood from former Soviet waters.  However this time local media and government ignored the situation, because they knew the locals have a “thing” about about Russians.  

After WWII, many Japanese who lived in wartime-occupied Sakhalin and the Kuriles were forcibly repatriated by international agreements, and most emigrated to Hokkaido in general and Otaru in specific.  Memories are long in a defeated people, so they ate the Russians’ seafood but drew the line at “smelly, scary, and drunk Russkies” (their words) sharing their public baths.  And up stayed the exclusionary signs for years.

How on earth can this happen?  Because in Japan, “Japanese Only” rules are unconstitutional but not illegal.  

Unconstitutional because discrimination by race is explicitly barred under the Constitution of Japan (Article 14).  Not illegal because Japan is the only developed democratic country without any law in its civil or criminal code specifically banning racial discrimination (jinshu sabetsu).

And it shows.  Compare what would happen if a business open to the public put up a “no foreigners” sign in other developed democratic countries.  Civil rights laws would kick in and the local civil rights division would probably get their their business license suspended.  Media would also make an issue of it.  There might even be boycotts, spray paint, and broken windows.

Not in Japan.  Quite the opposite, actually.  When we took up the abovementioned Otaru Case in 1999, we actually had people and opinion leaders rallying on the side of the exclusionary establishments.  They made sophistic arguments claiming that unique Japanese culture must be protected from allegedly illiterate, ignorant, and rampaging foreigners.  (A column explicitly titled “Antiforeigner discrimination is a right for Japanese people” even appeared in The Japan Times.)  Or that businesses could exclude anyone anytime for anything.  (Try making that argument to the Burakumin, for example, and see how far you get.)  One establishment mentioned that their patrons have bad WWII memories (to which we replied, “What about German customers?”)

But it wasn’t just offhand, ill-considered comments.  The government was even complicit back then.  The Potemkin department for overseeing discriminatory issues in Japan, the Ministry of Justice’s Bureau of Human Rights (which has only advisory, not punitive powers), actually coached the Otaru City Government in writing NOT to do anything about their “Japanese Only” bathhouses — because, they argued, it would legally carry no penalty!

And that’s only talking about the discrimination that’s clearly signposted.  Now consider, for example, renting an apartment in Japan or trying to get a job at the “Hello Work” unemployment agency.  Racist landlords and corporate practices are so normal that explicitly stating “no foreign applicants” in their descriptions is perfectly acceptable. 

This is all really funny, because Japan signed a United Nations treaty in 1995 (the CERD) in which it promised to take all effective measures to eliminate all forms of racial discrimination.  As the Naha Case proves nearly 30 years later, Japan was just going through the motions of a “developed country,” signing treaties without any intention to enforce them.

So why not just go elsewhere and spend your money at a place that won’t exclude you?  Because the problem with leaving “Japanese Only” signs up is that covert discrimination in Japan becomes overt.  Racism becomes an option for any bigot who obviously need fear no penalty.  

History bears this out.  After the Otaru Case made national and international news after 1999, exclusionary signs and rules spread nationwide across industries.  This included bars, discos, internet cafes, restaurants, stores and shops, hotels, realtors, schools, and even hospitals.  It goes without saying, but these industries have a fundamental impact on a minimum standard of living.  It’s not just a matter of getting a drink in a bar.  If there’s ever even the possibility that you can’t shop, stay, reside, receive an education, or get medical treatment, you’re in trouble.

So if you leave discrimination alone, it not only spreads — it mutates.  Consider the most elaborate exclusionary sign I ever saw:  “Chinese and naturalized citizens, war orphans, and children with mixed Chinese blood are absolutely refused entry.  Only pure-blooded Japanese males only.”  That’s grounded in some mighty specific prejudices.  

But why do these places exclude in the first place?  In my interviews over more than a decade, their standpoints range from, “Foreign customers were disruptive to my business” to “I personally hate foreigners.”  Some who thought their prejudice through a bit more cite an apparently exclusive clientele that want their dining or bathing experience to be “foreigner-free.”  Even those who never dealt with a foreign customer cited rumor to claim that something bad might happen, so the signs were a preventative measure.  

All point to a pretty simple logic:  If foreigners are let in, they’ll go bankrupt because Japanese customers will stay away.  (Even though plenty of these places went under anyway despite their exclusionary policies.  So maybe it wasn’t the foreigners after all.)  

But here’s the most insidious thing:  enforcement.  To the gatekeepers, a “foreigner” can be determined on sight.  This happened in practice when people who didn’t “look Japanese” enough were still refused entry even after they showed proof of Japanese citizenship.  That means they excluded by race, not nationality.  “Japanese Only” signs exclude Japanese too.

So you see, the “Japanese Only” sign in Naha was nothing new or all that simple.  What’s new is that the Okinawa media and the local government played a role in getting it down.  

After decades of thinking about this, I’ve come to the conclusion that seems to be the best route.  

With the Otaru Case, we tried everything else.  We spent more than a year negotiating with the exclusionary businesses, the local, regional, and national governments, and the general public.  Then we spent much money and many years in Civil Court trying to get one place to open their doors and one government to take responsibility for their years of negligence.  I even took the Otaru Case to Japan’s Supreme Court in 2005, which stunningly denied cert because it somehow “didn’t involve any Constitutional issues.”  At least the courts formally acknowledged that “Japanese Only” signs are in fact “racial discrimination.”  But that was a lot of energy spent on one bathhouse.  Now try doing that for all the other places that exclude foreigners.

As the Naha Case shows, the most effective way to get an exclusionary sign down is to get it in the media and make the government fear an impact on local tourism.  In a society where issues of human rights perpetually take a back seat to business ethics (which, in any society, would happily make money selling poison to the public as long as there’s no law to stop them), you really have few other reliable or effective options in Japan.  

Sad to say, but it’s as simple as that.

ENDS

======================
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“Japanese Only” sign on izakaya bar in Naha, Okinawa (Okinawa Times and Japan Today). Removed after govt scrutiny and media exposure.

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Hi Blog.  Here’s the latest entry for the Rogues’ Gallery of Exclusionary Establishments, where a bar in Okinawa refuses all “customers from overseas” (=”Japanese Only“) to enter the bar.  The difference is that the media took it up and ran them through the wringer of logic.  Not to mention they faced government scrutiny, which history shows makes all the difference.  It came out poorly for the bar, so they took the sign down.  Good.  Debito Arudou, Ph.D.

(courtesy Okinawa Times)

Okinawa pub posts ‘Japanese only’ admission sign based on some shaky logic

116 Comments

By Casey Baseel, SoraNews24, courtesy of Eric

 

 

▼ A photo of the notice

 

Screen-Shot-2023-10-05-at-9.12.35.png

Bars with Japanese-customers-only policies aren’t unheard of in Japan, but they’re becoming increasingly uncommon in the modern age. Moreover, when you do come across such establishments, they’re generally dedicated bars, with menus almost entirely consisting of drinks, and often the presence of hostesses or “floor lady” pseudo-hostesses. Izakaya, on the other hand, are essentially restaurants, where customers are expected to order both food and drinks, and it’s competitively rarer for them to have such exclusionary admission policies.

[Ed:  Clearly the author didn’t do much research.]

According to local newspaper Okinawa Times, the notice had been posted since at least a year ago, during which the management has turned away non-Japanese would-be customers. Eventually the sign came to the attention of two members of a Naha residents group that reported it to various government departments, including the Naha City Tourism Division and Okinawa Convention Bureau. This prompted a visit by members of the Tourism Division in August of this year in which they asked the owner to take the sign down, especially in light of increasing numbers of overseas travelers visiting Okinawa following the lifting of pandemic protocols, but the owner refused to do so.

The owner claims that the notice wasn’t meant to be taken as discriminatory intent, saying “We only have one person working the dining hall, and one person in the kitchen, so we don’t have time to spare for customer interaction. We have no intent of discriminating.” Coupled with the sign’s disclaimer that the staff only speaks Japanese, that would seem to indicate that the aim of the no-customers-from-overseas rule was to eliminate time-consuming communication problems, but if that’s really the case, the more appropriate policy would have been “Customers must order in Japanese.” It’s pretty short-sighted to make a blanket assumption that all non-Japanese diners will be unable to speak Japanese, given that the number of people living outside Japan who’ve still acquired some basic proficiency with the language is higher than it’s ever been, as is the number of non-ethnically Japanese residents of Japan, most of whom can order food and drinks in the language without difficulty. Even if the owner’s concern was foreign customers asking for changes in how their food is prepared, something far more common at restaurants outside Japan than within it, a sign saying “No menu substitutions allowed” would be sufficient and succinct.

With the sign getting increased attention, the owner has apparently rethought the Tourism Division’s request to remove it, and at some point in September it was taken down, with the owner saying “The writing was incorrect.”

However, he also added “What I want the government to do isn’t to try to attract travelers from other countries, but to teach people about izakaya culture.” But if what he really wants is a broader understanding of izakaya drinking and dining traditions, presumably on a global scale (since Japanese people are already familiar with those traditions), it’s hard to see how turning people away because they’re not Japanese was going to accomplish that.

Source: Okinawa Times

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

Japanese from Okinawa Times
入店拒否の張り紙。英語で「スタッフが日本語しか話せないため/日本人のみ(ごめんなさい)/海外からのお客さまは入店させません」と記す=9月、那覇市
沖縄タイムズ 2023年10月2日 Courtesy of KM and JK
https://www.okinawatimes.co.jp/articles/-/1232333

那覇市の居酒屋が入り口に「ジャパニーズオンリー」と書いた紙を張り、外国人の入店を拒否していた。国籍による違法な差別で、市民グループが気付き、行政に相談した。現時点で店側は張り紙を取り外しているが、客や通行人を傷つけていた事実は残る。行政による支援や啓発の必要性も浮かぶ。(編集委員・阿部岳)

張り紙は「スタッフが日本語しかしゃべれないため」と書き、さらに英語で外国人の入店禁止を伝える内容。1年ほど前に張り、実際に入店を断ったこともある。拒否された客は「非常に悲しい」とネットに投稿している。
経営者は「ホール担当1人、キッチン担当1人で接客に時間を割けない。差別は意図していない」と主張する。

ただ、国籍だけを理由にした入店拒否は人種差別撤廃条約に反する。静岡地裁浜松支部は1999年、街頭の店舗は一般に開放されていると指摘し、外国人の入店を拒否した宝石店に損害賠償を命じた。

那覇市の居酒屋の張り紙を偶然見つけた市民グループの2人は、市の各部署や沖縄観光コンベンションビューローに相談して回った。「沖縄カウンターズ」のメンバーは「これを見た外国人がどれだけ傷つくか。でもいきなり炎上させるのではなく、行政も一緒に円満に解決したかった」という。

相談を受けた市観光課は8月、店を訪問し、「観光客が増える中、好ましくない」と撤去を打診したが、店側は応じなかった。市の担当者は「権限がなく、お願いしかできない」と説明する。

最終的に本紙が9月、取材に訪れると、経営者が「文面は間違っていた」と撤去した。一方で「行政はただ海外客を呼ぶのではなく、居酒屋文化を伝えてほしい」と求める。

問題解決に向けて行政にかけ合ったもう1人、「多文化ネットワークfuふ!沖縄」のメンバーは「観光行政も人数や収入だけでない、文化の相互理解につながる観光を目指してほしい。店側が相談できる場所も必要ではないか」と投げかける。

4月に施行された県差別のない社会づくり条例は、事業者に差別解消に向けた努力を求めている。条例の検討委員だった白充(ペクチュン)弁護士は「国籍のみを理由とした入店拒否は条例に抵触しており、実効性が問われる。県民一人一人の意識変容に加え、県が周知徹底する努力も必要だ」と話した。
ENDS

======================
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My SNA VM 49: Be Mindful About Cultural Education (Sept 25, 2023), on how teaching people about Japan can backfire if the regular stereotyping found in language education isn’t carefully considered

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Hi Blog. Here’s my latest column.  Enjoy. Debito Arudou, Ph.D.

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

CULTURAL EDUCATION MUST BE DONE MINDFULLY
Japan’s internationalization is inevitable. So is teaching Japan’s future generations of diversity. If done wrong, educating about Japanese culture and society could do more harm than good.
By Debito Arudou, Ph.D., SNA Visible Minorities column 49, Sept 25, 2023

https://shingetsunewsagency.com/2023/09/25/japans-internationalization-is-inevitable-so-is-teaching-japans-future-generations-of-diversity-if-done-wrong-educating-about-japanese-culture-and-society-could-do-more-harm-than/

Like it or not, Japan’s internationalization is happening.  There are fewer Japanese and more foreigners than ever.  In 2022, the population of Japanese citizens dropped below the 125 million mark for the first time in Japan’s modern era, while the registered Non-Japanese (NJ) population reached a record high at over 3 million, or 2.4% of the total population.

That can only grow.  Even if the NJ population numerically stayed the same as it is now, its percentage of the total population will still rise due to Japan’s below-replacement birthrates.  But the NJ population will not stay the same — the economics of Japan’s aging labor force is reaching the point where officials see the writing on the wall.  According to a recent Kyodo News survey, a whopping 86% of Japan’s municipalities want more NJ workers to do the jobs and save their senescent cities from extinction. 

All of these figures do not, of course, include all the multicultural and multiethnic children already in Japan with diverse identities and backgrounds — routinely ignored because Japan’s Census does not measure for ethnicity. So if anything, Japan’s internationalization is grossly underestimated.

TEACH THE CHILDREN WELL

The front line of this trend is Japan’s education system, where the children of immigrants make an immediate and urgent impact on society. This is not news. For more than a quarter century, local governments have begged for enhanced services to help their residents with language and acculturation barriers assimilate into their schools and communities. The national government has basically ignored them.

But we are seeing some progress. Multilingual manuals about local customs and rules have long been issued by governments and civil society, including some helpful training videos to help explain elementary school rules and cultural practices in simpler Japanese. A good example was produced by students at Wakayama University and featured in the Mainichi last year.

This is highly laudable. But a point of caution: This isn’t just a matter of telling all Newcomers to “Do as the Romans do.” Without mindful production of teaching materials grounded in solid social science, cultural education could have the opposite effect: Solidifying stereotypes, entrenching prejudice, and making the perceived newcomer feel like a perpetually subordinated outsider.

Consider some bad habits that are the default mode:

One is systemic — the tendency towards stereotyping within language teaching itself. I recall my French language textbooks introducing “French things” (petit pan, grande pan, etc.) as something all French people ate. No mention, say, of couscous, or other ethnic but Francophone cuisines. Or for that matter of other Francophone people. All French people in my textbooks were white, which simply didn’t reflect reality.

To the untrained eye, that meant that whatever doesn’t fit a textbook image of “Frenchness” wasn’t seen as “French.” It put up artificial walls between peoples simply out of habit or convenience. That’s because basic language training necessarily tends to overgeneralize about societies and boil them down to foundational language. But resorting to prototype omits developments in society, such as cultural diversity from international migration.

That’s why we need trained eyes to avoids stereotyping. Let social scientists, not just linguists or untrained do-gooders, also have input into the learning process.

But there are also some bad habits that are intrinsic to Japan, easily seen when even the most educated people teach Japanese culture…

BEWARE “UNIQUE JAPAN”

Consider the narrative focus on “Japanese uniqueness,” as in, “only Japan has this,” for just about anything worthy of portraying as “Japanese.”  For example, I’ve seen educational materials claiming that enjoying four seasons and eating octopus are “uniquely Japanese.”.  Calamari, anyone?

One problem with the “uniqueness trope” is that it prioritizes differences over similarities.  This is the natural outcome of humanities as a field seeing culture as a constellation of contrasts.  Anything not remarkable or dramatic enough to cause “culture shock” doesn’t seem to be all that worthy of study.

Yet no matter what, people are far more similar than they are different (start with the fact that we are carbon-based mammals and work up).  And by portraying even the most mundane things (such as using chopsticks, taking off your shoes at the doorway, or sorting your garbage) as some kind of cultural minefield only serves to make study of other societies unduly formidable and anal-retentive.  

So focus on practical goals.  Give them the right words to accomplish the tasks and things will flow from there.

The other problem with fixating on difference to the point of “uniqueness” is that it encourages ascription and exclusion.  Anything deviating from the portrayed image of “Japaneseness” automatically becomes “foreign.”  

Consider the political outcomes of this.  Let’s say you have a suggestion for how things could be done better, but alas, you’re a foreigner?  Too bad.  It won’t work in Japan because we are unique and not like any other foreign country and we do things differently.  Foreign things must automatically be different or they wouldn’t be foreign.  

But what if a Japanese suggests the same thing?  Well, we can’t accept that either.  Obviously it’s still not the norm, because if it were, you wouldn’t be suggesting a change.  

Either way, the door is slammed on social change.  Eliminating the possibility of any cultural overlap reinforces the “us versus them” mindset and feeds directly into social othering, all of which are counterproductive to societies evolving.

“WE JAPANESE”

Another problem is portraying Japan as a monolith.  Guidebooks on Japan tend to represent it as a one-size-fits-all experience, and that “Japanese behavior” is predictable down to topic sentences without exception:  “We Japanese think or behave this way.”  Switch on the TV (especially NHK World) and you’ll see that narrative reinforced daily.  

That’s just stereotyping all over again, and it ignores all the regional differences that plainly exist once you get to know Japan as individuals, regions, dialects, and local mores.

Whenever I get asked to say something about Japan, especially by people who want to go there and experience it for themselves (which I always heartily encourage), I always add the caveat that, “Your mileage may vary, depending on how you’re perceived.”  If I were shorter, darker-haired or -skinned, female or non-binary, younger or older etc., my experience of interactions with Japanese society would differ.  

Teaching people about life in Japan has to incorporate the inevitability of diversity and exception.  There are just so many Japans out there.

The knock-on ill-effect of portraying all Japanese as being a certain way (including physical appearance) means that those who aren’t are not “real Japanese.”  

This feeds directly into teaching the students and future residents of Japan that in the end they don’t really belong here.  Even if they learn the rules, they never be part of the group that makes the rules.  

Why do you think so few of the Non-Japanese on Caregiver Visas who underwent Japan’s very difficult nursing program stayed on afterwards?  Because they were only trained to work, not belong to the guild that trained them, or ever assimilate and become Japanese.

“YOU FOREIGNERS”

One final problem to be aware of is that teachers and students should not assume the mantle of what I call “Cultural Ambassadors.”  Being told that “Japan is this way” and “How is it in your society?”  As if they as individuals could possibly represent whole societies with any real accuracy.  After all, being an ambassador takes very specific training in social science, including diplomacy, cultural representation, negotiation, and conflict resolution.

The problem with untrained “do-gooders” indulging in cultural education, and “culture vultures” trying to be helpful and “taking foreigners under their wing,” is that they’re generally not mindful of what they’re doing.  They’re often not trying to be a friend on your terms.  They’re often studying you like an animal in a zoo or a protozoan in a Petri dish, treating you like a pet or a means to an end.  

How many failed relationships and marriages have resulted from people glomming onto you because they were “Gaijin Groupies”?  They liked you as in idea more than you as an individual.

Let’s not let cultural education at the compulsory education level fall into these bad habits.

SO WHAT DO DO?

A lot of the tweaks are simple.  Make sure that language generalizing about Japan allows for exceptions.  “Some Japanese… most Japanese… almost all Japanese.”  

But some educational materials must show some awareness of the politics of inclusivity.  Make sure that people of diversity are also included in textbook perceptions of the Self, as a part of Japanese society.  That if they learn the rules and assimilate, that they too can have a role in being part of the process of rule creation.

Also, be aware that there are always politics behind any cultural training.  Make sure that the “How-Tos” don’t overstep their bounds.  Focus on the rules and how to follow them, and avoid going beyond that to demand people give up their power and become obedient “Model Minorities.”  

How to do that?  See them as individuals here for good trying to learn the ropes.  Help them become residents of Japan, if not colleagues and friends.  Don’t treat them something temporary, as if they are a rare bird with remarkable plumage that magically alighted on your windowsill, here only for an instant and gone tomorrow.  

Simply put, show some real empathy.  What would you want to know if you were moving into a new society and trying to fit in?  Treat Newcomers and neophytes as you would like to be treated.  Sounds obvious to say, but all sorts of bad habits get in the way.

ENDS

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Mainichi & Asahi: Naturalized Zainichi Korean-Japanese sues “Japanese Members Only” Aigi Country Club; court rules denial of golf membership explicitly for being a former foreigner NOT illegal

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HI Blog.  In a stunning decision, a Japanese court in Mie Prefecture has ruled that a foreigner… excuse me, a JAPANESE CITIZEN who naturalized from being a Zainichi Korean, may be denied membership to a golf course that limits its membership to “Japanese Only”.  Including people who are legally Japanese. Including former Zainichi Korean Permanent Residents who have been in Japan for generations.

(NB:  This blog entry became a full-blown SNA column on May 24, 2023.  Read it here.  Evidence for claims in the article, however, is below in this website.)

For the record, this is Aigi Country Club in Gifu Prefecture.
〒509-0238 岐阜県可児市大森1501
TEL 0574-64-1211  (Website here.  Plenty of overseas web presence where you can leave reviews of the golf course here.)  Photo courtesy of the Asahi Shinbun.

Their case, as stated to the Asahi Shinbun below, is,

“Our club has a quota for foreign nationals and former foreign nationals who have become naturalized Japanese and restricts new memberships. We currently have no vacancies in that quota.”

This denies the privileges and equal protections under the law when you get Japanese citizenship. The court even states that Aigi Country Club’s rules were not illegal as its actions did not violate his human rights beyond “socially acceptable limits.”

Ah yes, that old legal argument. That was used in the Otaru Onsens Case to say that racial discrimination did indeed happen, but the illegal activity wasn’t the racial discrimination itself, but rather “discrimination that went beyond socially acceptable limits.” Some discrimination is acceptable, according to the courts. Here, discrimination for having Korean roots is acceptable in a club. After all, according to the Asahi below,

“private entities like the golf club are guaranteed freedom of association under Article 21 of the Constitution. In principle, such private groups are free to decide the terms and conditions of their memberships.” Especially since it’s an “exclusive and private group,” and playing golf is “not indispensable for social life.”

There’s plenty more below, but let me put this in context about how the Japanese judiciary has been slowly whittling away NJ rights:

The Ana Bortz Case of 1998-1999 found that foreigners were protected by the UN CERD against being turned away at private enterprises open to the public (in this case, a jewelry store), and awarded Bortz 2 million yen (at the time, about $15,000).

The Otaru Onsens Case of 1993-2005 found that foreigners (and one naturalized Japanese citizen) were not allowed to be turned away from a private enterprise (in this case, a public bathhouse), and awarded plaintiffs 1 million yen each. But they did not hold that the UN CERD offered protections, and the Japan Supreme Court also ruled that there were no constitutional protections involved.

The Steve McGowan Case of 2004-2006 found NO protections for his denial from a private enterprise (an eyeglass store), and blamed him for not understanding enough Japanese (even though we had him on tape saying he refused McGowan because he “hates black people”. This was overturned on appeal, but by now the court award was whittled down to only 350,000 yen, not enough to cover his legal fees for the initial lawsuit and appeal.

Now, this Aigi Country Club Case ruling says a) there are no protections for foreigners, b) even if they have Japanese citizenship, c) even if everyone admits the discrimination was nationality/ethnicity-based.  It’s not discrimination because golf clubs are designed to be exclusive, by whatever standards they want.  It’s “socially acceptable”.

This is a horrible precedent, and completely undermines the Japanese Government’s position that Japan doesn’t need a law against racial discrimination because we have an active judiciary.  If there’s a problem, sue, and get legal protections.

“Furthermore, in cases where the rights of the people are infringed, the Court can offer them redress. (Article 32 of the Constitution provides that “no person shall be denied the right of access to the courts.”)… The Constitution of Japan stipulates not only guarantee of being equal as Japanese nationals under the law but also guarantee of equality of all rights as Japanese nationals. Therefore, there is no discrimination at all for civil, political, economic and cultural rights under the legal system.”

Nope.  It was a lie all along, and now verifiably so.  Debito Arudou, Ph.D.

(NB:  This blog entry became a full-blown SNA column on May 24, 2023.  Read it here.  Evidence for claims in the article, however, is below in this website.)

Referencial articles follow:

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

Golf club’s denial of membership to former foreign citizen not illegal: Japan court
April 20, 2023 (Mainichi Japan), courtesy of MMT and Niklas
https://mainichi.jp/english/articles/20230420/p2a/00m/0na/008000c

TSU — The Yokkaichi branch of the Tsu District Court on April 19 dismissed a lawsuit filed by a man who said he suffered emotional pain after being denied membership at a country club because he is a former foreign national.

The plaintiff, a man in his 40s, sued the private Aigi Country Club in Kani, Gifu Prefecture, for roughly 3.3 million yen (about $24,400) in compensation for emotional distress.

The court ruled that there was nothing illegal about the club refusing to grant the man membership because of his former citizenship. The plaintiff, a resident of the Mie Prefecture city of Kuwana, plans to appeal.

According to the ruling, the man, a former Korean national who acquired Japanese citizenship in 2018, played at the club with an acquaintance in February 2022 and applied for membership. Later, the club rejected his application, saying, “There is no room in the membership quota for foreign nationals, including former foreign nationals, and you cannot join right now.” The man claimed that the club’s response violated Article 14 of Japan’s Constitution, which stipulates equality under the law.

Presiding Judge Tomomichi Masukawa (with Presiding Judge Kan Hibino reading on his behalf) rejected the club’s claim that “being a former foreign national is not the only reason for refusing membership,” and recognized that the refusal was due to the plaintiff’s former Korean nationality.

However, the judge pointed out that the club is a “closed and private organization with strong personal ties among its members,” as membership requires a referral from two regular members and approval by the board of directors. He concluded that “the degree of infringement on the right to equality cannot be considered to exceed socially acceptable limits in light of the purpose of the Constitution.”

In response, the plaintiff’s attorney Junji Oichi said, “It is very regrettable. It goes against the times.” The man said, “I cannot agree with this at all. Is it acceptable to suffer mental anguish from discrimination if it is within a private organization?”

(Japanese original by Taeko Terahara, Tsu Bureau)

元外国籍で入会拒否、違法性なし ゴルフ会員権訴訟 津地裁支部
毎日新聞 2023/4/19 18:15
https://mainichi.jp/articles/20230419/k00/00m/040/227000c

元外国籍であることを理由に入会を断られ精神的苦痛を受けたなどとして、三重県桑名市の40代男性が愛岐カントリークラブ(岐阜県可児市)に対し、慰謝料など約330万円の損害賠償を求めた訴訟で、津地裁四日市支部は19日、男性の請求を棄却した。私的団体であるゴルフクラブが元外国籍であることを理由に入会を拒否することに違法性はないと判断した。男性は控訴する方針。

判決によると、元韓国籍で2018年に日本国籍を取得した男性は22年2月、知人と同クラブでプレーし、入会を申し込んだ。その後、クラブ側から「元外国籍を含む外国籍の会員の枠に空きがないためすぐに入会することはできない」として入会を断られた。男性は「法の下の平等」を定めた憲法14条に抵触する、などと主張していた。

判決理由で升川智道裁判長(日比野幹裁判長代読)は、「元外国籍であることが入会拒否の唯一の理由ではない」というクラブ側の主張を退け、入会拒否は元外国籍であることが理由だと認めた。一方で、クラブは会員となるために正会員2人の紹介と理事会の承認を得る必要があるなど「会員同士の人的つながりが強い閉鎖的かつ私的な団体」だと指摘。「平等の権利への侵害の程度は憲法の趣旨に照らし、社会的に許容しうる限界を超えるとは認められない」とした。

原告代理人の尾市淳二弁護士は「非常に残念。時代の流れとも逆行する」と話した。男性は「まったく納得できない。差別を受け精神的苦痛を受けることも私的団体内であれば許されるのか」と述べた。【寺原多恵子】

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

Court sides with golf club that rejected man born Korean
THE ASAHI SHIMBUN
April 20, 2023 at 17:04 JST
https://www.asahi.com/ajw/articles/14889867
Photo/Illutration: The Yokkaichi branch of the Tsu District Court in Yokkaichi, Mie Prefecture (Asahi Shimbun file photo)

YOKKAICHI, Mie Prefecture–A naturalized Japanese citizen expressed outrage after a court rejected his lawsuit against a golf club that refused his membership because he was not born Japanese.

The Yokkaichi branch of the Tsu District Court on April 19 accepted the argument of the plaintiff in his 40s that the Aigi Country Club in Kani, Gifu Prefecture, had denied his membership application because he used to be ethnic Korean.

The court also said there was room to doubt the reasoning behind the club’s membership rules.

But the court ruled against the plaintiff, saying the golf club’s rules were not illegal, and its actions did not violate his human rights beyond “socially acceptable limits.”

“The ruling is out of step with the times,” said a lawyer for the plaintiff, who lives in Kuwana, Mie Prefecture. “The court should have found it unlawful discrimination.”

The plaintiff, who was born to ethnic Korean parents and obtained Japanese citizenship in 2018, filed the lawsuit in April 2022, demanding 3.3 million yen ($24,000) in compensation.

The man, who runs a cleaning business, argued that the golf club violated Article 14 of the Constitution, which guarantees equality to all people under the law.

The court, however, said private entities like the golf club are guaranteed freedom of association under Article 21 of the Constitution. In principle, such private groups are free to decide the terms and conditions of their memberships, the ruling said.

The court also said legal intervention into the internal affairs of a private group is permitted only in exceptional cases when an individual’s rights are violated beyond socially acceptable limits.

It said the golf club is an “exclusive and private group,” and playing golf is “not indispensable for social life.”

The ruling concluded that the disadvantages suffered by the man as a result of being refused membership did not constitute an “exceptional case.”

The plaintiff said he plans to appeal the ruling because he would otherwise continue to be mistreated as a “former foreign citizen.”

A lawyer representing the golf club said they will thoroughly examine the ruling.

(This article was written by Hiroshi Matsubara and Yusuke Saito.)

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

Nationality not the only issue at exclusive golf clubs in Japan
By HWANG CHUL/ Staff Writer
May 10, 2022 at 07:10 JST
Photo/Illutration: The Aigi Country Club in Kani, Gifu Prefecture, seen here on April 14, opened more than half a century ago. (Hwang Chul)
https://www.asahi.com/ajw/articles/14608465

Despite being a naturalized Japanese, a man born to ethnic Korean parents was refused membership to an exclusive golf club in Gifu Prefecture on grounds its quota for non-Japanese was full.

When the fortysomething man, who obtained Japanese citizenship in 2018, sought an explanation, a representative of the Aigi Country Club cited his country of origin.

“Our club has a quota for foreign nationals and former foreign nationals who have become naturalized Japanese and restricts new memberships,” she said in a phone call on Feb. 20. “We currently have no vacancies in that quota.”

When he applied for membership, the man, who lives in Kuwana, Mie Prefecture, and runs a cleaning services company, submitted a copy of an extract of his family register which stated he had South Korean citizenship when he was naturalized.

“If only you could accept (our decision),” a director of the club told him three days later in a phone call the man recorded.

In March, the man sent a written notice to the club through his lawyer, demanding an apology and payment of 3 million yen ($23,500) in compensation, contending its denial of membership constituted “groundless discrimination.”

He also requested the Mie Bar Association to address the infringement of his human rights.

The man had agonized for ages before deciding to take Japanese citizenship.

“Shouldn’t I be switching nationalities, not least for my wife and children, as long as I will go on living in Japan?” he asked himself.

WAY THINGS ARE DONE

The Aigi Country Club, based in Kani, Gifu Prefecture, opened in July 1964, making it the fourth of its kind in the prefecture. It has hosted competitions organized by the Japan Golf Association and was the venue of women’s golf events during the National Sports Festival held in Gifu Prefecture in 2012.

Masakatsu Ito, the club’s managing director, told The Asahi Shimbun that the club, with around 1,500 members, has a combined quota of somewhere below 20 for foreign nationals and former foreign nationals who have obtained Japanese citizenship. He said new members are admitted only when vacancies occur in that category.

“We set those rules as a private golf club,” Ito said. “It is said that the atmosphere slightly changes when there are foreigners around. The decision may have been made in that train of thought. It is not easy to offer a clear answer because the rules were introduced a long time ago.”

When asked why those who have obtained Japanese citizenship are includd in the quota for non-Japanese, he said: “That’s how we’ve been doing things. It is our conventional practice, and I hope it will be understood as such.”

Club officials acknowledged that those rules are not written explicitly in the club’s regulations but have been handed down as internal rules.

HARDLY AN ISOLATED CASE

The Korean Chamber of Commerce & Industry in Japan conducted a survey of 1,794 members-only golf clubs around Japan in 1994 to ascertain nationality clauses in membership requirements.

Of the 821 respondents, 170 golf courses said they had certain restrictions, such as limiting eligibility to Japanese nationals.

KCCI officials said no detailed figures are available on the current situation as a similar survey has not been carried out at least since 2010.

An online search for information on golf club memberships shows that many clubs deny memberships to non-Japanese nationals.

“A good number of golf courses still have nationality clauses, and some even restrict membership for naturalized citizens as well,” a sales official of a Tokyo dealer of memberships told The Asahi Shimbun. “They still retain that exclusive mood.”

“Private clubs handle the matter of membership with their respective criteria,” a JGA official said of the membership restrictions for non-Japanese nationals. “The JGA has never taken a position on the nationality clauses of those clubs or other related matters.”

COURT DECISIONS DIVIDED

In March 1995, the Tokyo District Court ruled on a case concerning a Tokyo golf club operating company that denied membership to an ethnic Korean man on grounds of his nationality. The court found that doing so contravened the spirit of Article 14 of the Constitution, which says all people are equal under the law.

“Golf clubs are deemed to be groups of a certain social nature, partly because golf is a leisure activity broadly practiced in Japan and partly because golf club memberships are circulating in the market,” the decision said in part. “It is difficult to say they have total discretion over how they screen their memberships.”

In a separate lawsuit, the Tokyo District Court in May 2001 rejected the claims of an ethnic Korean plaintiff, saying, “It cannot be said that equality rights are violated beyond socially acceptable limits when a golf club, as a private corporation, restricts its membership requirements on grounds of nationality.”

That decision was upheld by the Tokyo High Court in 2002.

But those “socially acceptable limits” are changing, say some industry insiders.

A law was enacted to deal with hate speech, or instigation of discrimination, against specific ethnic or other groups, and there is a growing awareness about human rights of sexual minorities.

“Golf courses are under pressure to deal with human rights issues, which are not limited to matters of nationality,” the manager of a golf club in the Tokai region said.

He said his club, which has been operating for more than four decades, stopped nationality-based screening of its memberships several years ago.

He cited the example of the Kasumigaseki Country Club in Kawagoe, Saitama Prefecture, which was the venue of golf competitions during the Tokyo Olympics last year.

The International Olympic Committee called on the golf club to rectify its rules that denied full memberships to women, which the IOC said went against the Olympic Charter. The rules were eventually changed.

“Changes in the environment surrounding golf clubs, which were symbolized by that case, will likely go on over the years to come,” the manager said.

“In the United States and elsewhere, golf courses that discriminate against people on the basis of race and gender are finding themselves left out of opportunities to host competitions,” noted Ryusuke Kin, a lawyer with the Tokyo Bar Association.

Kin wrote about the golf club membership issue in “Ethnic Koreans in Japan as seen in lawsuits,” a book compiled and edited by the Lawyers Association of Zainichi Koreans.

“It is problematic that many golf clubs in Japan still have rules that deny memberships to non-Japanese nationals across the board,” he said. “What is more, drawing a line among compatriots on grounds of whether they were non-Japanese in the past amounts to an obvious violation of human rights. The golf world needs to rectify that problem.”

ENDS

======================
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Kyodo: Kagawa Pref Govt urges hotels not to request foreign residents’ ID. Bravo. Shame it took nearly 20 years to happen.

mytest

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Hi Blog.  I’m breaking my regular busy silence to report on something we’ve been working on for nearly two decades finally reaching fruition:

Getting Japanese hotels to stop racial profiling by running instant Gaijin Card/Passport Checks on customers (including NJ residents) merely because they’re “foreign-looking” — despite ID checks not being required for customers deemed to be “Japanese” on sight by hotel managers.

Finally, after various regional police departments have unlawfully deputized random hotel clerks to act as a de facto branch of the Immigration Agency (with the explicitly illegal threat of refusal of service in the offing), a regional government has cottoned on to the fact that this might be a violation of human rights.

Bravo Kagawa Prefecture. Let’s hope it catches on nationwide.  Seems to only take about twenty years for common sense, not to mention legal protections for NJ residents against police bullying, to seep in.  Debito Arudou, Ph.D.

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

Hotels in western Japan urged not to request foreign residents’ ID

KYODO NEWS.png

 KYODO NEWS – Mar 16, 2023 – Courtesy of ZNM

https://english.kyodonews.net/news/2023/03/5a5206b30e6c-hotels-in-western-japan-urged-not-to-request-foreign-residents-id.html

The government in the western Japan prefecture of Kagawa has called on local hotel operators to stop asking foreign residents for identification when they check in, local officials said Thursday.

Citing a notice issued Monday by the Kagawa prefectural government to hotel operators, the officials said it is “problematic on human rights grounds” to ask foreign residents to show their passport or other forms of ID when checking into a hotel.

photo_l.jpg

Notice issued by the Kagawa prefectural government to hotels and other accommodation businesses advises them that they do not need to request identification from guests who are foreign nationals living in Japan, as seen in this photo taken March 16, 2023 in Osaka. (Kyodo)

The hotel business law requires only foreigners who live outside of Japan to present ID. But hotel receptionists sometimes ask foreigners who live in Japan for ID based on their name or appearance.

“If a guest provides a domestic address, even if their name or other information suggests they are a foreign national, no further confirmation is required,” the notice says.

The notice comes after a case in August last year in which a South Korean woman living in Osaka was asked to show her residence card ahead of a stay at a hotel in Utazu.

An official at the hotel said it has “asked for ID from foreign nationals living in Japan on a voluntary basis.”

Similar cases have emerged at other accommodations across the country, with some even stating on their websites that they will “refuse” guests who do not comply.

“While there may not be any malicious intent behind the requests, they are effectively an infringement of human rights,” a Kagawa prefectural government official said.

Mun Gong Hwi from the Osaka-based nonprofit organization the Multi-Ethnic Human Rights Education Center for Pro-existence said that “changing one’s response based on nationality with no logical reasoning is discrimination. I want to spread the knowledge of Kagawa Prefecture’s approach as a good example.”


Related coverage:

Japan city stumbles over plan to recognize foreigners as citizens

Cabinet approves proposals for Japan immigration law changes

City officials learn easy Japanese as number of foreign residents increases

Document of middling quality courtesy Kyodo News:

======================
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My latest SNA Visible Minorities column 44: “Interview with Jon Heese: Life Lessons from a Naturalized Japanese Politician”, March 20, 2023

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Hi Blog My latest SNA VM column 44, which came out today, is an interview with Jon Heese (pronounced Hayes), a naturalized Canadian-Japanese and elected Tsukuba City Councillor of twelve years. A Caucasian Visible Minority of Japan, Heese has long been advocating that other Non-Japanese Residents naturalize and run for office in Japan like he did.

This interview took me more than a decade to secure, as I first invited Jon to interview back in the early 2010s. This time he contacted ME for the interview, so I felt less guilty about serving up some non-softball questions. Excerpt:

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

Debito Arudou: Hi Jon. Please introduce yourself as you’d like to be seen by your voting and non-voting public.

Jon Heese: Obviously I would like them to see me as a combination of Brad Pitt and Nelson Mandela. But I would be satisfied if they only see me as someone who is doing his best. I’m left of center on social issues and a fiscally conservative social democrat. This means freedom for people to be who they are within the structures of society. Businesses should also be free to function within a social structure. And I underline social. Businesses function within society. They are not entities unto themselves. It is the community that is educating their workers, building their infrastructure, and protecting their property. Businesses need to pay their taxes and stop trying to privatize profits while socializing risks. Fundamentally, governments should be in the business of regulating, not competing with legitimate businesses…

Debito Arudou: Woah, woah, woah. I asked how you wanted us to see you, and you’re starting to give us us your personal philosophy of government. Okay, but I was asking more: “Where are you from, and what do you do?” Let’s back up a sec and get into that.

Jon Heese: Silly me. As a good politician I’ll blame someone else for my misunderstanding. Okay. So, who am I. I’m a small town boy from Wymark, Saskatchewan, Canada, population 175. If you’ve ever seen Dances with Wolves, that’s pretty much what the area looks like. I’m from a family of eleven kids (six adopted). My family moved around a lot due to my father’s career as a Mennonite preacher. I spent about two years as a kid in central Kansas, and after high school I went to Europe for two years to see a bit of the world. I then attended the University of Regina and graduated with a Bachelor of Music Education. In 1991 I landed in Narita looking for one of those sweet English teaching jobs I’d heard so much about. I got a bunch of crap jobs, but they paid the bills. Eventually I ended up in Tsukuba, Ibaraki, a city about 60 kilometers north of Tokyo with a population of about 150,000 at the time. Eventually I understood that students didn’t really want to learn English so much as have an hour of entertainment with one of them movie star types. In the end I lasted about six years in the English biz. By ‘97 I was burned/bummed out and could already see the writing on the wall. The Bubble was bursting. Pay was in decline and finding students was getting harder. Besides which, after six years I had hardly learned any Japanese. I knew I needed to find a job where I would be forced to speak Japanese. I opened a bar and ran that for seven years. Then I opened an import company to supply the many foreign researchers in Tsukuba and rewrite papers for the Japanese researchers. I also did a bunch of acting for TV and movies. Eventually I got into politics at the city level.

Full interview at https://shingetsunewsagency.com/2023/03/20/life-lessons-from-a-naturalized-japanese-politician/

======================
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My SNA Visible Minorities 43: “Salute to the “Author of Cartels of the Mind’,” an obituary of influential Japan Studies scholar and mentor Ivan Hall (1932-2023)

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Hi Blog.  My latest SNA column 43 is a tribute to old friend, mentor, and influential scholar Ivan Hall.  I blogged about him shortly after he died here.  This is a fuller treatment, excerpted.  RIP.  Debito Arudou, Ph.D.

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

Visible Minorities: Salute to the Author of Cartels of the Mind
By Debito Arudou
Shingetsu News Agency, February 20, 2023

SNA (Tokyo) — Ivan Parker Hall, author of landmark book Cartels of the Mind: Japan’s Intellectual Closed Shop, died in Berlin on February 1, 2023, at age 90.

Before I start writing another obituary, please let me pause and talk about our very close relationship: Ivan Hall fundamentally changed my life into an activist researcher in Japanese Studies.

It wasn’t always this way. When I first arrived in Japan during the latter 1980s, I was in fact a cultural relativist. Carefully trained in the non-judgmentalism of the liberal arts, I had the mantra of “Who am I to judge Japan?” It had its own way of doing things, and would get along just fine without one white Western interloper (or even the outside world) telling it what to do. As per my classic Edwin O. Reischauer Ivy League training, Japan was one of those precious “culturally unique” jewels that should just be left to flourish in its own way.

That’s why at first I was a devoted scholar of the “Japanese Way.” After all, Japan must be doing something right. Its people were living the longest in the world. Its economy measured per capita had just surpassed that of Americans. It was buying up major world assets on the strength of the Yen. Our next boss, according to movies such as Back to the Future II, was going to be Japanese.

It took just one stint working for an abusive Japanese trading company–and the bursting of Japan’s asset bubble–to disabuse me of those early notions.

But it wasn’t until I became a Japanese university professor that I saw just how much the Japanese system was wasting talent due to racism. Japanese faculty hired full-time were getting permanent tenure from Day One, while almost all foreign educators (who were often more qualified than their Japanese counterparts) were getting permanent contract work.

Enter Ivan Hall, who summed this situation up most pithily as “Academic Apartheid.”…

Read the rest at the Shingetsu News Agency at https://shingetsunewsagency.com/2023/02/20/visible-minorities-salute-to-the-author-of-cartels-of-the-mind/

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My SNA column 41: “Celebrating Christmas as a Compromise” (Dec 27, 2022), about what to do when people say you shouldn’t celebrate regular traditions you hold dear because they’re “not Japanese”

mytest

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Hi Blog.  Let me say it upfront:  If you’re celebrating December customs such as Christmas, then I hope you had a Merry (and unobstructed) Christmas and a Happy New Year.  If your Christmas was in fact obstructed in some way by people who claim that “Christmas is not Japanese” or “Christmas is something you should outgrow” (as happened to a friend of mine recently), my end-year SNA column is for you:

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

Visible Minorities: Celebrating Christmas as a Compromise

SNA (Tokyo) — A long-term Non-Japanese resident friend, married with a Japanese husband and adult kids, recently told me about a new development in their relationship: Christmas was no longer to be celebrated in their household.

Their children were all grown and didn’t believe in Santa Claus anymore; so no more presents or any big dinner to celebrate the day. They would allow her only a tree.

Why this sudden change of heart? To her surprise, all this time Christmas had been regarded by the family as a nuisance, a cultural imposition on them. Now it was time to grow out of it.

It raises a fundamental issue that someday comes up within any intercultural relationship: How much culture do you give up for the sake of compromise?  

I argue that Japan’s “unique” culture narrative (and therefore its lack of commonality with anything “foreign”, by definition) can often create sudden, long-term culture shocks.  Because people here can see any accommodation of “foreign” culture as an identity sacrifice, a denial of “Japaneseness”, this can kill relationships, and I offer advice on what to do about it.  

Article at https://shingetsunewsagency.com/2022/12/27/visible-minorities-celebrating-christmas-as-a-compromise/

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

Thanks for reading!  Seasons Greetings to all Debito.org Readers and beyond!  Debito Arudou, Ph.D.

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Debito’s SNA VM37: “Reforming Japan’s Dickensian Foreign Trainee Program,” Aug 22, 2022, and why I remain skeptical that reforms will actually happen

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Visible Minorities: Reforming Japan’s Dickensian Foreign Trainee Program
August 22, 2022, By Debito Arudou

SNA (Tokyo) — News Item: video footage surfaced in 2020 of a Vietnamese “trainee” being physically abused by Japanese co-workers at a construction company in Okayama Prefecture, resulting in injuries including broken ribs and a broken tooth. Despite a criminal complaint, the Okayama Prefectural Police Prosecutor’s Office declined to prosecute the four Japanese co-workers involved.

Here is the video footage that started it all.

https://www.youtube.com/watch?v=PK1HhnvktOc&t=76s

This Vietnamese trainee is not alone. Despite the strict Covid border controls, currently 280,000 foreigners toil as temporary low-wage workers in Japan’s farms and factories nationwide. Given Japan’s often nasty work environments, which generally combine exploitative work ethics with a normalized bullying culture, this means that more than a quarter of a million foreigners are here and in harm’s way under a system of unfettered abuse…

[…]

Fortunately, there are some stirrings that reforms might happen. Even the conservative Yomiuri Shinbun said in an August 20 editorial that reforming the system is “unavoidable.” Moreover, the government announced last month a full-scale review of the program, intending to “bring this long-standing issue to a historical conclusion.”

I am skeptical these reforms will achieve what is promised, which is basically to resolve the ongoing human rights abuses which have always characterized the trainee system. One reason for my doubts is because…
==================================

Read the rest at https://shingetsunewsagency.com/2022/08/22/visible-minorities-reforming-japans-dickensian-foreign-trainee-program/

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Kyodo: “63% of people with foreign roots in Japan questioned by police”, part of systemic racial profiling by the National Police Agency

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Hi Blog. It’s been difficult for me to blog much this year (beyond my monthly SNA columns), as I’ve had the busiest semester on record. All of my writing energies are being absorbed by coursework. So in order to keep up with events, I’m going to try to post more but feel the need to comment less.

Instead, Debito.org Readers are keeping us all updated in real time in their comments to various blog posts, but in particular see their updates and reposts of news articles in the Comments Sections of all Debito.org NewsLetters. They’re doing a far better job than I am. Many thanks.

On to the Kyodo article, which is more quantifiable grist for the mill for Debito.org’s longstanding substantiated claim that Racial Profiling is standard operating procedure for the Japanese Police. Read on. Bravo Tokyo Bar Association for getting us some citable statistics.  Debito Arudou, Ph.D.

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

63% of people with foreign roots in Japan questioned by police
April 10, 2022 (Mainichi Japan/Kyodo News), courtesy of lots of people
https://mainichi.jp/english/articles/20220410/p2g/00m/0na/019000c

PHOTO: Foreign residents take to the streets in Tokyo’s Shibuya Ward on May 30, 2020, in protest against the alleged mistreatment by Japanese police of a Kurdish man. (Kyodo)

TOKYO (Kyodo) — A total of 62.9 percent of people in Japan with foreign roots were questioned by police over the past five years, preliminary results of a recent Tokyo Bar Association survey showed, with the group saying the outcome is evidence of biased behavior by officers.

The survey on racial profiling drew responses from 2,094 people with roots in foreign countries. The association said it conducted the poll after receiving complaints that many such people had been questioned by police apparently due to their appearance.

Among individuals who were approached by the police over the past five years, 50.4 percent were stopped “two to five times,” while 10.8 percent were questioned “six to nine times” and 11.5 percent “10 times or more,” according to the survey conducted between Jan. 11 and Feb. 28.

A total of 70.3 percent of those individuals said they “felt uncomfortable” with the police questioning, while 85.4 percent said the police approached them upon recognizing they have roots in other countries. Most of those people believed officers had such an awareness because of their appearance.

A Japanese law governing police officers on duty allows them to question people if there are reasons to suspect they have committed an unusual act or crime. But 76.9 percent of people who were questioned by police officers in the survey said there was no reason for being treated with suspicion.

In a free description section, some wrote that after officers learned of their foreign nationality, they showed “overbearing behavior” toward them.

The U.S. Embassy in Tokyo had warned on its official Twitter account last year that it had been receiving reports of “suspected racial profiling incidents” with several foreigners “detained, questioned and searched” by the police.

ENDS

======================
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My SNA Visible Minorities column 32: “On the Naomi Osaka Heckling” at Indian Wells tournament (March 21, 2022)

mytest

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Hi Blog. This semester has been an extremely busy one, so I haven’t had much time to blog. All my writing energies are being devoted to creating lectures. Sorry. Anyway, here’s my latest SNA column. Debito Arudou, PhD

////////////////////////////////
Shingetsu News Agency
Visible Minorities: On the Naomi Osaka Heckling
MAR 21, 2022 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2022/03/21/visible-minorities-on-naomi-osaka-heckling/

SNA (Tokyo) — At a recent tournament in Indian Wells, California, Japan tennis champion Naomi Osaka was heckled by some troll in the audience who shouted out “you suck!” while she was playing on court.

That reduced Osaka to tears. She asked the referee if she could address the crowd, then asked to have the troll ejected. Both requests were denied, and play resumed. Osaka then lost in straight sets.

In post-game comments, Osaka tearfully noted the distraction and compared her situation to a 2001 incident where Venus and Serena Williams faced crowd abuse, again at Indian Wells. The Williamses boycotted the venue for more than a decade after that.

Fortunately, this time Osaka’s heckler was the outlier. The audience at the venue, fellow players afterwards, media and internet chatter were overwhelmingly supportive of her.

Still, others noted that Osaka needs to develop a thicker skin.

I’m afraid I agree.

Osaka has been around on this circuit for quite a while. She’s now 24, and obviously has the talent to be world champion. Now the question is, given the choices she’s made, does she have the mettle to maintain it?

Osaka has been around on this circuit for quite a while.  She’s now 24, and obviously has the talent to be world champion.  Now the question is, does she have the mettle to maintain it?

Remember, these are the choices she made:  As I’ve written before in a Japan Times column, “Warning to Naomi Osaka:  Playing for Japan can seriously shorten your career” (September 19, 2018), she chose to represent Japan, a country with a long history of putting grueling (sometimes fatal) pressure on its athletes.  They’re expected to put their country first and their personal best a distant second.

And it’s further complicated by the fact that Osaka is a Visible Minority in Japan, moreover living the preponderance of her life in America and remaining unproficient in Japanese.  

That means, like for so many Visible Minorities in Japan, her foreignness is tolerated as long as she keeps winning.  Put simply:  If she wins, her Japanese half is celebrated.  If she loses, her Non-Japanese half is to blame.  

And she’s not winning.  She’s skipped tournaments due to mental health issues and underperformed in the recent ones she’s attended.  Despite having the honor of lighting the Olympic flame in Tokyo 2021, she only made it to the third round in the tennis event.  Currently she’s dropped to 78th in the world rankings.

That is all tragic, especially since her Japanese sponsors will someday start questioning their money’s worth, as she’s the highest paid female athlete in history.  She’s also used her status (rightly) to visibly advocate for minority causes in America, including BLM (but notably, not for fellow Visible Minorities in Japan; she even ironically dismissed racism in Japan as merely a matter of “a few bad apples”).  

But here’s the point:  What is Osaka’s goal?

If she wishes to settle for the celebrity status of “famous for being famous,” then mission accomplished.  Tennis or no tennis, she can continue to attend her gala events and model for magazine covers and advocate for her causes.  Those are her life choices, so power to her.

But if she wishes to remain a tennis champ, especially one representing and compensated by Japan, she’s going to have to develop some focus.

No matter what, there will be detractors.  That’s the hazard of being a public figure, especially as a Japanese athlete.  And her championing off-court issues like human rights attracts even more detractors.  

I speak from some experience here.  While I am by no means an athlete and cannot claim to be a world champion at anything, I too have fought for human rights causes in Japan.  I’ve kept a sustained public campaign against racial discrimination in Japan for decades, writing several books and garnering domestic and international media attention against “Japanese Only” signs and rules.  We took our case all the way to Japan’s Supreme Court and made it clear to the world, despite all the denialists, that racial discrimination is an embedded, systemic reality in Japan.

That too brings forth detractors who think that pointing out something shameful in Japan is shameful in itself.  As do the trolls of the Global Far Right, who hold up Japan as their model ethnostate, and from them I get death threats on a weekly basis.

But my goal has always been straightforward:  Get a national law passed against racial discrimination in Japan with criminal penalties.  It might not happen in my lifetime, but that remains my focus and I pay the trolls no heed.

As should Osaka.  At some point in time she’s going to have to stop letting hecklers take her power away.  This is that point in time.

Look, if it’s a matter of unfairness in the rules, or something that targets her because of things she cannot change (such as her racial and ethnic background), by all means, protest that.  Racism should never be tolerated.

But a matter of a generic “You suck!”, while unpleasant and undeserved, is something people her age should have learned to deal with by now.  

Bullies will always exist, and you’ll probably encounter them outside of Indian Wells.  Showing them that they have the power to affect you like that only emboldens them further.  Reclaim that power by showing them you’re stronger than they are.  Be unfazed.  Otherwise you will appear to lack the mettle to stay champion, and they, not you, will accomplish their goals.

Yes, it’s Indian Wells’ job to create a comfortable and level playing field for athletes, and they should have taken responsibility for that.  It’s our job as the general public to make sure those conditions are in fact enforced and to support our favorite athletes.  If Indian Wells isn’t going to cooperate, then yes, boycott the place.  

But it’s still the athlete’s job to train both physically and mentally and play their personal best.  

So do your best, Naomi Osaka.  Enforce what you can, tune out what you can’t.  That’s what champions do.  That’s the path you chose, and to a certain degree these detractors come with it.  

As you might say, dismiss them in your mind as just “a few bad apples.”

ENDS

======================
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Combating xenophobic rumors and media: Debito.org asks US Forces, Japan for clarification on their COVID testing and vaccination policies

mytest

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Guidebookcover.jpgGuidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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From: Debito Arudou <debito@debito.org>
Subject: From Debito.org: Questions regarding US Forces, Japan vaccination procedures.
Date: January 13, 2022
To: indopacom.yokota.usfj.mbx.pao@mail.mil (courtesy of this site)
Cc: Shingetsu News Agency <shingetsunewsagency@gmail.com>

To Whom It May Concern,
US Forces, Japan

Dear Sir or Madam,

My name is Debito Arudou, Ph.D., coordinator for Debito.org (www.debito.org), an award-winning online archive for life and human rights in Japan for more than 25 years. We address issues that affect Non-Japanese Residents of Japan, particularly Visible Minorities, and have acted as a launching pad for hundreds of journalistic and academic articles, government and NGO reports, and actions that have changed the course of national narratives and public policies. I am also the author of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, Second Edition 2022), and am a columnist for the Shingetsu News Agency.

Debito.org has some questions we would like to ask about the policies of US Forces, Japan.

In recent weeks, the Japanese media has portrayed US Forces in Japan as a major vector for infection in Japan, portraying the US military presence in Japan as a leak in their otherwise tight border policies. Consider:

============================
“Okinawa Gov. Denny Tamaki told reporters on Thursday that ‘U.S. military bases are one of the major causes of the spread of infections,’ while Yamaguchi Gov. Tsugumasa Muraoka said, ‘The fact that (military personnel) were not tested before departure from the United States had a big impact.’ Hiroshima Gov. Hidehiko Yuzaki also called the U.S. military’s measures ‘extremely regrettable.’”
https://www.japantimes.co.jp/news/2022/01/07/national/anti-us-base-sentiment/
“U.S. military personnel are believed to have triggered a coronavirus resurgence in the three prefectures. Many people in the three prefectures live in close proximity to American bases. Infection prevention measures taken by the U.S. forces, which some have criticized as being too lax, are thought to be behind that explosion of cases.”
https://www.japantimes.co.jp/news/2022/01/08/national/japan-coronavirus-january8/
============================
with a public advertisement in Okinawa published by Kyodo News in the Japan Times, showing a Westerner (not an Asian) sneezing:

From https://www.japantimes.co.jp/news/2022/01/08/national/japan-coronavirus-january8/

As you know, Japan’s border policies for most of the past two years have refused entry to most foreigners, including foreign residents regardless of visa status, while letting in Japanese under often lax quarantine conditions to spread Covid anyway. Yet media and policymakers in Japan have frequently portrayed Covid as an exogenous, “foreign” disease, with the highly problematic interpretation of seeing foreigners as more likely to spread Covid than Japanese.

The World Health Organization last month noted the lack of good science behind that claim, stating that “Epidemiologically, I find it hard to understand the principle there. Does the virus read your passport? Does the virus know your nationality or where you are legally resident? Our concern here is that we apply public health principles, not political principles, to selecting measures that are used to control the spread of diseases. The idea that you can put a hermetic seal on most countries is frankly not possible.” (https://english.kyodonews.net/news/2021/12/28670f8f00db-urgent-kishida-hints-at-review-of-japans-re-entry-restrictions-over-omicron.html)

My point is that the US Military in Japan has a responsibility to dispel rumors and reports that are playing a part in potentially increasing xenophobic attitudes towards foreign residents of Japan.

I understand that you have made an attempt to do so with announcements on your US Forces, Japan, website dated January 5 and 9, 2022:
https://www.usfj.mil/Media/Press-Releases/Article-View/Article/2889890/us-forces-japan-increases-to-health-protection-bravo/and
https://www.usfj.mil/Media/Press-Releases/Article-View/Article/2893181/us-japan-joint-committee-statement-on-measures-to-address-the-spread-of-covid-19/

But please permit me to ask some clarifying questions, for publication on Debito.org:

==================================
1) Pursuant to President Biden’s order that all federal employees and military be vaccinated and tested by February 15 (“as of early December, 92 percent of federal employees and military personnel had received at least one dose”, https://www.washingtonpost.com/politics/2022/01/11/biden-federal-coronavirus-mandate-testing-rules-unvaccinated/), does this mean that all US Forces in Japan, both incoming and resident, have been vaccinated and boosted, and tested for Covid, including the Omicron variant?

2) What happens when members of the US Military test positive for Covid? If in Japan, are they quarantined within the base? If outside Japan, are they denied entry into Japan and quarantined overseas?

3) Do you have any response to the claims within the following reportage in the Japan Times:

“It was revealed in December that U.S. forces had been lax in their border measures against the virus… But it was found that the U.S. side was not conducting pre-departure and post-arrival testing, as required by Japan, and that it had shortened the period of restrictions on arriving personnel’s movement from 14 days to 10. It also allowed people in the restriction period to move freely within U.S. bases.” https://www.japantimes.co.jp/news/2022/01/07/national/anti-us-base-sentiment/
==================================

I have heard unsubstantiated reports from American military members on social media that US Forces must be properly vaccinated and tested before they arrive in Japan. This would be at odds with what the Japanese media is saying.

Debito.org would welcome your clarifications for the record.

Thank you for reading and responding.

Sincerely, Debito Arudou, Ph.D.
Coordinator, Debito.org
Columnist, Shingetsu News Agency (https://shingetsunewsagency.com)
ENDS

UPDATE JANUARY 23, 2022:  We received no answer.

======================
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HAPPY NEW YEAR 2022: Tokyo Asakusa “Suzuya” theatrical prop store bars “foreign customers” to “prevent COVID infection”. (Plus Momosaku, another repeat offender in Asakusa.)

mytest

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Hi Blog. Happy New Year 2022! May this be a healthy and happy one for all Debito.org Readers.

Let me open the year inauspiciously with a post about new “Japanese Only” signs.

The first one is from a store called “Suzuya Buyou Kodougu” (Suzuya Traditional Dance Props) in Asakusa Kouen Nishisandou. Courtesy lots of people, but notably SD, RO, and MW.

Entertainment Goods 浅草公園西参道
有限会社すずや舞踊小道具店
電話 03-3844-3798
〒111-0032 東京都台東区浅草2-7-13
営業時間 am10:00~pm6:00(火曜日定休)
お問い合せ、ご注文はお電話でお願いいたします。
http://asakusasuzuya.co.jp/shop.html
Mapped at https://itp.ne.jp/info/133487635100000899/

Feel free to contact them and tell them what you think about their sign, particularly since no foreign tourists (and very few foreign residents) are being allowed into Japan to spread Covid. Yet that doesn’t stop racist signs depicting foreigners already here (who like regular Japanese residents probably haven’t travelled abroad) as more infectious than Japanese from appearing on stores (again).  Because (again) there’s no law against racial discrimination in Japan stopping anyone from putting up a “Japanese Only” sign for any reason whatsoever.

Meanwhile, eagle-eyed Debito.org Readers are sending in other exclusionary signs they’ve discovered:

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

From: XY
Subject: Discriminatory posting spoted in the wild
Date: December 27, 2021
To: Debito Arudou <debito@debito.org>

Hi Debito,

Since you post things like this from time to time, I thought I’d send over a photo of a sign I saw tonight when I was out looking for a place to grab a bite. It’s an izakaya in Asakusa called Momosaku.

Why post that you only have service/menus in Japanese when you can reach straight for the discrimination, I guess, eh? — XY.

Name: 100 (izakaya) (Momosaku 百作)
Address: 4 Chome-7-12 Asakusa, Taitō-ku, Tōkyō-to 111-0032
http://tinyurl.com/yb9uv3tz

[Japanese version: None of our staff at this establishment speak foreign languages, so we refuse entry to all overseas people (kaigai no kata)].

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

No “overseas people” could possibly speak Japanese to their staff, of course.

The funny thing is, we featured Momosaku on Debito.org back in April 2018.  Back then, the submitter pulled down that sign, and it was replaced a day later.  Clearly Momosaku’s managers don’t like foreigners, Covid or no Covid.

Feel free to drop by and let them know how you feel about their “Japanese Only” sign.  Perhaps pull it down again.  Debito Arudou, Ph.D.

======================
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My annual “Human Rights Top Ten for 2021” countdown now at Shingetsu News Agency, VM 29 Dec 27, 2021

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Hello and Happy Holidays to all Debito.org Readers! Here’s my annual Top Ten, this year moved to the Shingetsu News Agency because The Japan Times isn’t in the market for articles like these anymore. Excerpt:

//////////////////////////////
Visible Minorities: Human Rights Top Ten for 2021
SHINGETSU NEWS AGENCY, DEC 27, 2021 by DEBITO ARUDOU in COLUMN

SNA (Tokyo) — Since 2008, I have always devoted my end-year columns to counting down the Top Ten human rights issues as they pertain to Non-Japanese residents of Japan. This year I’m moving this feature to the Shingetsu News Agency. Let’s get started:

10) Debito.org Turns 25 Years Old…
9) Tourism to Japan Drops 99% Since 2019…
8 ) Vincent Fichot Hunger Strike against Japan Child Abduction…
7) Tokyo Musashino City Approves, Then Defeats, Inclusive Voting Proposal…

Full countdown with write-ups at https://shingetsunewsagency.com/2021/12/27/visible-minorities-human-rights-top-ten-for-2021/

Enjoy!  More to come in 2022!  Debito Arudou, Ph.D.

======================
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Miyazaki International College cut their elderly professors’ salaries by 20%. After a 7-year battle, Fukuoka High Court rules this illegal. A victory for foreign plaintiffs too.

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Hi Blog.  A friend sends word that his group of plaintiffs, some of whom are Non-Japanese, won their lawsuit against a university employer that had been ongoing for seven years.

In his words:

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

December 9, 2021

If you are getting this notice, it’s because you contributed in some way to our win in this case so CONGRATULATIONS! A few of you contributed massively, putting in many many hours of work, some helped by providing data or a letter we could submit to the court to counter MEI lies, or helped with translation, or showed up in court, or are union members who voted for funding. Some of you spread the word about the case. Some just said, “Gambatte!” when we needed it.

My point here is it took a long term (7 years for some of us!) team effort by dozens of us to finally succeed, and succeed we did in the high court. We could not have achieved a better outcome…

MEI has two weeks to appeal to the Supreme Court. And they might. That’s for them to worry about, not us.

In terms of money, I won all of my back pay, plus 5% interest, plus court fees that I had paid. I was not compensated for attorney fees, or mental anguish. We have no anchor website for this issue.

The main reasons we won were: 
1.) MEI failed to negotiate in good faith with the union about the cut 
2.) They had no real financial need to reduce salaries 
3.) There was no reduction in workload or other compensation for the reduction in pay.

Flyer we made public:

COMMENT FROM DEBITO:  This matters because there’s a long tradition in Japan of Academic Apartheid, where foreign academics in higher education are given contracted status (increasingly, term-limited) while Japanese-citizen academics are given uncontracted, permanent tenure from day one of employment.  This is probably the oldest issue we’ve taken up on Debito.org, and it’s only gotten worse over the quarter-century of coverage:  Instead of more foreign academics becoming tenured like Japanese, the trend is to “gaijinize” the Japanese faculty (as a money-saving effort encouraged by the Ministry of Education all the way back in 1995) by putting them on contracts, eliminating tenure in an attempt to clean out disagreeable leftists from Japan’s universities.

MEI’s move to put everyone above a certain age on a different lower pay scale (Japanese and foreign) was a line the Fukuoka High Court was not willing to allow under the law.  Good to have that precedent set. Conclusion:  Join a union if you’re working in Japan.  Then fight these things in court as a union.

Despite this being important news for Japan’s academics, it hasn’t made the English-language media.  So let me translate the Mainichi’s brief on this.  Debito Arudou, Ph.D.

//////////////////////////////////////////////////////////
未払い賃金訴訟、元教授が逆転勝訴 「不利益大きい」 高裁宮崎支部
毎日新聞 2021/12/10 Courtesy of one of the plaintiffs
https://mainichi.jp/articles/20211210/k00/00m/040/049000c.amp

給与基準改定による年俸の2割減額は労働契約法に反し無効だとして宮崎国際大学(宮崎市)元教授の60代米国人男性が学校法人宮崎学園に対し、改定前との差額の未払い賃金約425万円の支払いを求めた訴訟の控訴審判決で、福岡高裁宮崎支部は8日、請求棄却した3月の1審・宮崎地裁判決を取り消し、男性側の請求を全て認めた。

判決によると、元教授は2000年に有期雇用の講師として採用され、契約更新しながら勤務し続け17年に教授に昇進。20年に退職した。学校法人側は15年、厳しい財政状況を理由に有期雇用教職員の60歳以降の年俸を従前の2割減に改定。元教授も減額対象となったが、不利益が大きく合理的と認められないとした。

高橋亮介裁判長は「教員間の不均衡もあり、減額に伴う不利益緩和のための経過措置や代償措置も取られていない」と法人側の主張を退けた。【塩月由香】

Unofficial translation:

Unpaid Salaries Lawsuit:  Former Professors see their prior decision against them overturned:  “This is a huge disadvantage” says Fukuoka High Court Miyazaki Branch

Mainichi Shinbun, December 10, 2021, translation by Debito, corrections welcome.

Due to a revision in the basic salary levels, Miyazaki International College cut their former professors’ base salaries by 20% once they reached sixty years of age. Plaintiffs sued their employer, Miyazaki Gakuen, for breach of labor contract, and demanded they pay 42,500,000 yen of unpaid salaries based upon their previous contract status.  Upon appeal, on December 8 the Fukuoka High Court overturned the Miyazaki District Court’s prior ruling, and awarded the plaintiffs all of their claims.

According to the decision, the former professors were employed on contract status as instructors from the year 2000, and over 17 years of contract renewals they achieved the rank of professor.  They retired in 2020.  According to the college, in 2015 they claimed financial distress and revised the base salary to cut 20% from all contracted educators over the age of sixty.  This pay cut also affected the former professors in question, and the court would not acknowledge the rationality of the cut due to it being overly disadvantageous to plaintiffs (furieki ga ookiku gouriteki to mitomerarenai to shita).

Head Judge Takahashi Ryousuke said, “For the educators this is disproportionate, and the university did not even take measures such as other compensation that would alleviate the disadvantages that come with such a pay cut,” dismissing the college’s claims.  ENDS

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

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Senaiho Case against Yamanashi City for “Hair Police” school bullying: A very rare victory for the Plaintiffs! (UPDATE: Full court decision attached)

mytest

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Hi Blog.  I’m still on writing hiatus (except for my monthly SNA columns) after the release of my Second Edition of “Embedded Racism” (Meanwhile, Debito.org Readers are contributing noteworthy articles to the Comments Sections of the Debito.org Newsletters.)

But let me emerge to report from Senaiho, on his case of school bullying against his multiethnic daughter in 2018.  We’ve covered it for years on Debito.org (original Senaiho post here, then Updates One, Two, ThreeFour. and Five), and it’s gone from a criminal case against his daughter’s assailants (which Senaiho lost last May 2021) to a civil case against the authorities (for mental duress from official negligence).  After three years of this rigmarole, we’ve just heard that he won the civil case.  His briefing follows.

UPDATE DEC 15, 2021:  Here is his full court decision text, redacted.  PDF.  23 pages. Click on:  SenaihoHighCourtDecision2021

Although the court award is a pittance (it almost always in the cases of racial discrimination), it still holds the authorities culpable.  Congratulations on setting another positive precedent, Senaiho and family!  Debito Arudou, Ph.D.

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

From: Senaiho
Subject: Judgment in our case against the city of Yamanashi
Date: November 30, 2021
To: “Debito Arudou Ph.D.” <debito@debito.org>

Hello Debito,

We finally have it. I am sorry it was not in time to be included in the latest edition of your excellent book. Maybe next time.

In the final judgment in our civil case against the city of Yamanashi and the school system, the court awarded 110,000 yen to us, the plaintiffs. A bitter/sweet, long and hard fought victory.

First the positives. Any judgment against a public entity in Japan is almost unheard of. In 99% of the cases of suits brought against a public entity, the private party almost always loses. It is so rare that the government does not even keep statistics on it, and they keep statistics on everything. There really is no point of reference for those not familiar with the legal system in Japan. It is hard to even find anything to compare it with in other countries, especially the US, where everybody sues everybody. The reason for this is because the court and everyone who works at and for them are all public officials themselves. To render a judgment against another public entity would be akin to shooting oneself, so to speak. This is also why judgments are always a pittance against any public official in Japan in the rare cases where there are any.

In the brief of the judgment the court found the teachers/school and city of Yamanashi liable for the damages of cutting our daughter’s hair. There are laws against doing this, the history of which I will not go into. It vindicates us as parents, who were put to public shame and blamed for the fact that our daughter was bullied. She also received some satisfaction for having been teased to the point of desperation that resulted in her unable to attend school for several years while receiving treatment. It also vindicated her from the some of the extensive damage to her self-esteem. Unfortunately, these scars she will most likely carry for the rest of her life. No mention was made of the root causes of her having her hair cut; racism and abuse against her for the sin of being born from a mixed racial couple.

Our lawyer gets to celebrate a rare victory for any legal professional in Japan. A judgment of any kind against a public entity will most likely propel him into the rare air of lawyers in Japan who have won judgments against public officials. He will most likely get appointed to various prestigious committees and professional elite boards. A boost for his career. Good for him.

The downside of our small victory is that it is small. One judgment in a regional court in Japan changes nothing really. There will be some media coverage for a little while. After that dies down, the bullies will continue to bully, the racists will continue to rant, and the public officials will continue to cover up their culpability. The amount of the judgment itself is an insulting pittance, and does nothing to deter anyone from the actions that caused it. It is just a spit in the street for public officials who have no personal skin in it anyway. They get to go on with business as usual. We get to pick up the pieces of our lives. Unless the city of Yamanashi appeals the judgment (actually I kind of hope they do) we get to carry on, older but wiser? Hmm, not sure about the wiser part.

Thank you again to everyone here at Debito.org who supported us with your encouragement and prayers.

Senaiho

The bullying haircut, as demonstrated in court by Senaiho.  Image courtesy of Bunshun and Senaiho.

The bullying haircut as demonstrated in court

======================
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My SNA VM28: “Japan’s Fast Breeder Reactor of Racism.” Summarizes book “Embedded Racism” First and Second Editions, Nov 22, 2021

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Hi Blog.  my Second Edition of “Embedded Racism in Japan” (Lexington Books, 2022) has just come out, and I summarize both editions in my latest Shingetsu News Agency “Visible Minorities” column.

Since the First Edition is probably well-known by frequent readers of Debito.org, let me excerpt the new arguments of the Second Edition.  Read the whole SNA column for the full context.  Debito Arudou, Ph.D.

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

Visible Minorities: Japan’s Fast Breeder Reactor of Racism
SHINGETSU NEWS AGENCY, NOV 22, 2021 by Debito Arudou
https://shingetsunewsagency.com/2021/11/22/visible-minorities-japans-fast-breeder-reactor-of-racism/

(Excerpt) In my new Second Edition of Embedded Racism (2022), I’m now arguing that Japan’s long-ignored racial discrimination undermines the rest of the world, especially its liberal democracies, because Japan is in fact a fast-breeder reactor of radioactive racism.

Since the end of World War II, the capitalistic side of the world, particularly the United States, willfully ignored and indulged Japan’s explicit expressions of racial and ethnic superiority. After all, the conservatives of the world would rather Japan be right-of-center and anti-communist. So they funded conservative governments and offered favorable access to international markets, ensuring that Japan got rich and deferential.

For what do the conservatives care if Japan violates its human rights treaties or inflames regional tensions, through historical denialism and the arrogance of racial superiority? As long as Japan keeps hosting the bases, buying the weapons, and acting as America’s unsinkable aircraft carrier in Asia, they have in them a harmless and controllable ally.

Except that it’s not. Here’s where the chickens come home to roost.

One axiom in this field of study is that if you ignore racism, it spreads. Bigots exist in every society, and if they realize they can get away with discriminating against people, they’ll gleefully do it, especially if they have templates to follow.

Japan offers those templates… In short, embedded racism has made Japan into the world’s template “ethnostate.”

That is to say, to numerous white supremacists worldwide, Japan is the model for a society organized along beliefs of its own ethnic purity. As one of the richest and most-respected countries in the world, Japan, unlike other rich countries, has prospered while keeping minorities and migrants to a minimum…

The conclusion is that my second edition of Embedded Racism is a clarion call for liberals and progressives to wake up, and get ready to defend democracy from the ethnocentrists. Fight with all your might the fiction that the way to deal with a race problem is to exclude and cleanse races from your society. That’s the Japan template. Don’t let it be yours.

Again, if you leave discrimination alone, it spreads. Leaving Japan alone to practice its embedded racism has finally reached the point of blowback. It’s time for a new set of templates to fight racial discrimination in the world, including and especially Japan’s.

Overseas policymakers should also be ready to make Japan take responsibility for what it’s wrought upon the world. It’s time to pressure the Japanese government to observe its treaty promise to the United Nations more than 25 years ago—passing a law against racial discrimination—and begin the process of enfranchising its minority voices.

That includes doing more than just scolding or issuing strongly worded letters. I suggest putting pressure where Japan’s elites care—limiting access to overseas markets. Or else Japan will remain a fast breeder reactor of racism irradiating the rest of the democratic world.

EXCERPT ENDS.  Full article at https://shingetsunewsagency.com/2021/11/22/visible-minorities-japans-fast-breeder-reactor-of-racism/

If you are interested in reading the fully revised and updated Second Edition, please download this publisher promo flyer (with discounts), take it to your local library, and have them order a copy. Then you can borrow and read it for free.

http://debito.org/EmbeddedRacism2ndEdFlyer.pdf

======================
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Debito’s SECOND EDITION of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, 2022), fully revised and updated, now on sale

mytest

Hi Blog. The new SECOND EDITION of “Embedded Racism” (Lexington Books, 2022), completely revised and updated with 100 extra pages of new material, is now on sale.

Information site outlining what’s new, with excerpts and reviews, and how to get your copy at a discount at

https://www.debito.org/embeddedracism.html

(Or you can download a flyer, take it to your library, have them order the book, and then borrow it for free at EmbeddedRacism2ndEdFlyer)

Read a sample of the book on Amazon here.

Front Cover:

Full cover with reviews:

Debito Arudou, Ph.D.

My SNA Visible Minorities 26: “The ‘Inconceivable’ Racial Discrimination Law”: Japan’s human rights reports to the United Nations are a case study in official dishonesty

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Visible Minorities: The “Inconceivable” Racial Discrimination Law
Japan’s human rights reports to the United Nations are a case study in official dishonesty.
By Debito Arudou, Shingetsu News Agency, September 20, 2021

SNA: The signature function of the United Nations is to promote world peace, and one way to do that is to encourage ethical standards of behavior from its member countries. They get people to agree on those norms and standards through signing international treaties.

One of the standards that matters most is human rights practices. After all, countries which want to belong to the respected club of “civilized” countries are expected to sign the treaties covering a whole host of noble issues: the elimination of torture; the protection of women, children, and people with disabilities; and the protections of people in general in terms of economic, political, social, civil, and political rights. Signatories are expected to submit periodical reports (usually about every two years) to UN Committees to demonstrate how they are progressing.

Japan has signed most of those treaties. My favorite one, of course, is the UN Convention on the Elimination of All Forms of Racial Discrimination (CERD), which protects people, especially our Visible Minorities, against discrimination by “race, color, descent, or national or ethnic origin.” But getting Japan to actually abide by CERD is one of the hobby horses I’ve been riding for decades.

When Japan signed the CERD in 1995, it explicitly agreed to “prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination,” and they were to do it “without delay.” Yet more than a quarter century later, Japan still has no national law against racial discrimination…

So when called upon to justify its record of nasty treatment of its foreign, ethnic, historical, and visible minorities, how does Japan get away with it? By delaying, of course. Let’s take a look at the last time Japan submitted its Periodic Report on the Implementation of the CERD, and reveal its pattern of reporting in bad faith…
///////////////////////////////////

Rest is at https://shingetsunewsagency.com/2021/09/20/visible-minorities-the-inconceivable-racial-discrimination-law/

Read it before it goes behind paywall later this week, or subscribe and support your local progressive journalism for about a dollar a week!

All reports mentioned in this article can be found at

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2018 United Nations CERD Report (CERD/C/JPN/10-11) still mentions Debito.org’s works: “Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants that otherwise serve the public, including through the posting of signage reading ‘Japanese only’.”

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Hi Blog.  Here’s something that makes me smile.  The 2018 United Nations CERD Report (CERD/C/JPN/10-11) includes something that might not otherwise be there — had Debito.org not taken up the task of describing and cataloging discrimination for the past 25 years (back when people were even denying that racial discrimination actually happened in Japan!).

Everything mentioned in the UN excerpt below is covered in my book Embedded Racism in Japan (Lexington Books, 2015).  But especially close to my heart is the text enlarged below.

One of my lifetime goals is leaving the planet a better place than when I arrived. This feels like proof that we at Debito.org have done something positive. Debito Arudou, Ph.D.

/////////////////////////////////
United Nations
CERD/C/JPN/CO/10-11
International Convention on the Elimination of A ll Forms of Racial Discrimination
Distr.: General
26 September 2018
Original: English
Committee on the Elimination of Racial Discrimination

Concluding observations on the combined tenth and eleventh periodic reports of Japan

1.The Committee considered the combined tenth and eleventh periodic reports of Japan (CERD/C/JPN/10-11), submitted in one document, at its 2662nd and 2663rd meetings (CERD/C/SR.2662 and 2663), held on 16 August and 17 August 2018. At its 2676th meeting, held on 28 August 2018, it adopted the present concluding observations.

[skip down to page seven]

Situation of non-citizens

33.The Committee is concerned that:

(a)Non-citizens have reportedly been denied housing and employment because they are foreign nationals;

(b)Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants that otherwise serve the public, including through the posting of signage reading “Japanese only”;

(c)Non-citizens, in particular Koreans, continue to be excluded from the national pension scheme because of the age requirement;

(d)The State party has not yet amended its legislation to allow non-citizens to be eligible for basic disability pensions;

(e)Non-citizens and long-term foreign residents and their descendants remain excluded from public positions that engage in the exercise of public authority or public decision-making because they do not have Japanese nationality;

(f)Some permanent residents must obtain a permit to re-enter the country prior to departing, even if they are only leaving for one day, while others do not need such a permit.

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

34. Bearing in mind the Committee’s general recommendation No. 30, the Committee recommends that the State party:

(a) Ensure access to housing and employment to non-citizens and foreign nationals without discrimination ;

(b) Create and enforce legislation against the posting of discriminatory signs and the practice of excluding public services by privately owned facilities, such as hotels and restaurants, to persons on the basis of being a foreigner or of foreign appearance;

(c) Ensure that non-citizens are included in the national pension scheme ;

(d) Amend legislation to allow non-citizens to be eligible for basic disability pensions ;

(e) Allow non-citizens, especially long-term foreign residents and their descendants, to have access to public positions that engage in the exercise of public authority or public decision-making ;

(f) Eliminate the permit requirement prior to departure for some permanent residents so that they may enter and exit the country in the same manner as other permanent residents ;

(g) Consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

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

Full report downloadable in several languages at:
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CERD/C/JPN/CO/10-11&Lang=En

ENDS

======================
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Celebrating 15 Years of the Debito.org Blog (June 17, 2006-2021)

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Hi Blog.  Today celebrates 15 years since the Debito.org Blog went live.  (The Debito.org Website as a whole, however, went live in 1996, and we celebrated that quarter-century of online activism earlier this year on April 15 with this post.)

The Debito.org Blog was created in addition after a friend named Jim suggested that a WordPress template would make things a lot easier for me to respond to and archive daily events in real time. He was right.

The Blog’s first post was the Debito.org Newsletter of June 17, 2006, with the headlines:

//////////////////////////////////////////////////////////////////
1) “DANGER! HUMAN RIGHTS PROTECTION LAW” MANGA TRANSLATED
2) “ILLEGAL FOREIGN LABOR MONTH” SIGNS UP AGAIN IN SHINAGAWA STN
3) TOKYO PRESS CONF JUNE 22: HAMAMATSU MAYOR KITAWAKI
4) JT ON REINSTITUTION OF FINGERPRINTING, AND RESPONSE
5) KOFI ANNAN ON JAPAN’S NEW IMMIGRATION LAW
6) KOFI ANNAN ON MIGRANTS
7) JOHN EDWARD PHILIPS ON ACADEMIA AND MONOCULTURALISM IN JAPAN
//////////////////////////////////////////////////////////////////

This might give you some idea of how much things have and have not changed over the past decade and a half.

As of today, in addition to the Debito.org original Website (which is still up, of course; artery site here), as of this morning the Blog alone has 2,935 individual posts by me (amounting to 16,703 pages) and 34,737 individual comments (of which only 862, or less than 2.5%, are mine).

That’s about one post every two days on average, and about 12 comments per post. That’s an active blog by many definitions, and still going strong. And materials archived here been cited in various newspapers, journals, and books.  People take it seriously.

Long may it continue.  While I’m limiting myself to posting here about once a week (I’ve got other writing projects, one big one due by the end of this month), I don’t see myself giving up the Debito.org project anytime, ever.

By now, it’s just what I do.

Debito Arudou, Ph.D.

======================
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NHK: Ibaraki Public Health Center targets foreigners as vectors of Coronavirus, then retracts discriminatory claims as “misleading” and “inappropriate”

mytest

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Hi Blog.  There’s a bit of a flap at the moment about defeated revisions to Japan’s Immigration rules due to the awful death by official negligence of a NJ detainee, but this will take more research and write up on my part as a separate blog entry. (Debito.org Readers are already discussing it here.). I’ll get to it shortly, as I’m deep into a different writing project right now. Meanwhile, let me put up this quickie for the record:

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

Ibaraki health center warns ‘many coronavirus patients infected by foreigners’
BY TOKYO REPORTER STAFF ON MAY 22, 2021, Courtesy of Niklas and TG.
https://www.tokyoreporter.com/japan-news/ibaraki-health-center-warns-many-coronavirus-patients-infected-by-foreigners/

IBARAKI (TR) – A health center in Itako City this week retracted an “inappropriate” advisory that stated foreigners are the source of an increase in novel coronavirus infections, reports NHK (May 22).

On May 19 and 20, the Itako Health Center distributed the notice by email to agricultural cooperatives and city halls within its jurisdiction.

The document stated, “There are many coronavirus patients likely infected by foreigners.”

It advised, “If you talk to a foreigner, wear a mask. As well, please do not eat with them.”

On May 21, the health center and the Ibaraki Prefectural Infectious Disease Control Division retracted the document. “The document’s content was inappropriate,” they said.

“Though we had no intention of discriminating against foreigners,” the Itako Health Center told NHK, “we are sorry if any of the expressions were misleading.”

Shohei Sugita, a lawyer who supports the rights of foreigners, points out that Article 14 out the Constitution does not permit such distinction based on nationality since it leads to discrimination.

“Distinguishing between Japanese and foreigners may give the impression that infections are spreading only due to foreigners, which is very disappointing,” said Sugita.

ENDS
////////////////////////////////

“外国人と食事しないように”感染予防啓発文書に保健所が記載
NHK News 2021年5月22日 5時30分, courtesy of Jaocnanoni, RO, MMT, BS,  and others
https://www3.nhk.or.jp/news/html/20210522/amp/k10013044921000.html 

茨城県の保健所が外国人が働く農家に対して新型コロナウイルスの感染予防を呼びかけた文書に「外国人と一緒に食事をしないように」などと書かれていたことがわかりました。保健所は内容が不適切だったとして文書を撤回しました。

茨城県の潮来保健所によりますと、今月19日から20日にかけて、新型コロナウイルスへの感染予防について外国人が働いている農家に向けた文書を保健所の管内の農協や市役所にメールで送りました。

この文書には「外国人から感染した可能性が疑われる新型コロナウイルス患者が多く発生している」と書かれています。

そのうえで「外国人と会話するときは必ずマスクをつけてください」とか、「外国人と一緒に食事をしないようにしてください」などと書かれていました。

「文書の内容は不適切」と撤回

文書を出したあと外部から保健所に「不適切ではないか」との指摘があったということで、茨城県感染症対策課と潮来保健所は21日、「文書の内容は不適切だった」として文書を撤回しました。

潮来保健所はNHKの取材に対し「外国人を差別する意図は全くありませんでしたが、誤解を招く表現があったとしたら申し訳ありませんでした」と話しています。

今回の文書について外国人の支援活動を行っている杉田昌平弁護士は「行政が外国人と明示して差別を助長させかねない表現をすることは憲法14条の法の下の平等の原則に照らしてもあってはならない。日本人と外国人を分けて表現したことは外国人にのみ感染が広がっているような印象を与えかねず、大変残念な表現だ」と話しています。
ENDS
///////////////////////////

COMMENT: “Misleading”?! “Inappropriate”?! “Unintentional”?! How about unscientific and discriminatory, especially for an official bureau safeguarding public health that should know better? But given what we know at Debito.org about Japan’s constant “Blame Game”, used to distract from official policy errors and scapegoat Non-Japanese for just about anything, we could see it coming.

The bigger surprise is how quickly NHK jumped on this so quickly and got it retracted. Bravo. Media watchdogs are supposed to look out for the general public, including Non-Japanese Residents (even though they generally don’t). Please get ready to do more of the same in future. Debito Arudou, Ph.D.

======================
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Senaiho’s final update on Yamanashi School Bullying Lawsuit: They basically lost, because bullying is an “expected and normal” part of Japanese Education (UPDATED with full court decision text)

mytest

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Hi Blog. Speaking of treatment of Visible Minorities in Japanese school textbooks, here is the final update on one of Senaiho’s lawsuits against the bullies who made her feel like dropping out of school in 2018. (Previous Senaiho posts: Original here, Updates One, Two, Three, and Four.)

Senaiho’s family lost, in that the court acknowledged bullying happened, but no compensation for mental suffering was warranted because nobody died or was seriously injured. Bullying is a natural part of Japanese Education, you see, so gaman gaman. It’s only fun until somebody loses an eye.

Conclusion follows:

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

From: Senaiho
Subject: Judgement Update
Date: May 6, 2021
To: “Debito Arudou Ph.D.” <debito@debito.org>

Hello Debito,
Here is an update of our case. Use it wherever you see fit with our permission. Thanks again for everything.
Senaiho

Update on Senaiho Judgment in The Bullying Case

We received a judgment from the Yamanashi Circuit Court in our case against the bullies of our daughter resulting in the school cutting her hair and her dropping out of school. In a Readers Digest version of the judgment, we lost. The court ruled that while recognizing the fact that bullying was present, it did not amount to enough abuse that would merit awarding any damages. A certain amount of teasing is expected and a normal part of the Japanese educational system, in the court’s opinion, so zero amount is awarded.

There is no hiding our disappointment in this judgment, so I won’t try to white-wash it. It sends the message that it is OK to bully others for whatever reason in Japanese education, as long as there are no serious physical effects, such as severe injury, death, or suicide. There was no mention whatsoever of anything related to racial motivations in our case.

There is the option of appealing, but after consideration of all the factors, while there is some moral support to appeal from others who have endured abuse by classmates (and teachers) in the Japanese education system, appealing our judgment would have no benefit to anyone following in this direction, we feel. While there are laws that apply to abuse regarding the Japanese education system, at least in our case, they are not given merit as far as Japanese legal and social welfare is concerned. The decision to follow up legally is a dead end in our opinion. We know of some situations where in a lack of legal justice, the victims have taken matters into their own hands, and while it is easy to understand their feelings, it is not a road we wish to go down.

Also in light of the effects of further legal actions on the mental well-being of our daughter, along with the financial drain of it, we have decided not pursue this any further. We still have the case against the city of Yamanashi pending and we will be focusing our remaining energies on this until its conclusion. Thank you again for your support and well wishes. Senaiho

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

Yet, as Senaiho noted in his Original Post to Debito.org in December 2018:

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

According to Guidebook of School Dispute Resolution by Kamiuchi Satoru, pg 216-217, The legal responsibilities of compulsory education in Japan are:

There shall be:

1. No provision of reasonable consideration based on developmental disability support law, disability discrimination prevention law

2. No response to bullying, contrary to the ordinance such as bullying prevention measure promotion law, Yamanashi city bullying countermeasure contact council, etc.

3. No School accident judgment incompatible and not pursuant to the “Ministry of Education, Culture, Administration” guidelines on response to school accidents.

What this legalese means in real life, is that the onus is legally completely on the school to make it safe and secure for every student to attend, including making any accommodations for special needs like attention deficit disorder, special training, or bullying awareness, really anything that would hinder any student from being able to participate in their education…

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

Yamanashi District Court disagrees. So much for expecting the judiciary to help.

Here is the redacted lawsuit decision in its entirety.

Senaiho404判決

Debito Arudou, Ph.D.

======================
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SNA Visible Minorities 21: “A Retrospective on 25 Years of Activism”, April 19, 2021

mytest

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SNA — I’ve been involved in activism in Japan for many years. Indeed so many that my online archive of work, Debito.org, just turned 25 years old last week. With that in mind, I’d like to devote this column to a retrospective of the past quarter century: What, if anything, has Debito.org contributed to help make conditions for Non-Japanese residents and Visible Minorities better?

Debito.org first went live on April 15, 1996, during the earlier days of the World Wide Web, as a means to respond to online bulletin board critics. When topics came up over and again, I’d just archive a previous essay on Debito.org and send a link. After a couple hundred essays were organized into general information sites, Debito.org became a platform for issues involving foreign residents of Japan.

The first major issue I took up was “Academic Apartheid” in Japan’s universities. This is where all Japanese full-time faculty were granted contract-free tenure from day one of employment, while all foreign academics, despite many being better qualified than their Japanese counterparts, got perpetual ninkisei contracts (some of them term-limited) without the opportunity for tenure.

I discovered a “smoking gun” one day in my university mailbox: A paper directive from the Ministry of Education encouraging national and public universities to fire their older foreign professors by not renewing their contracts. I scanned it, archived it, and sent a link to prominent advocates like Ivan P. Hall (author of Cartels of the Mind) for further exposure. It turns out that a government demanding their universities axe all their foreigners over forty is state-sponsored discrimination, and it blew up into an international issue that even then-US Ambassador Walter Mondale took up.

All of that information is still up on Debito.org today, and it turns out that a permanent archive that is searchable, citable, with context and without paywall, is a valuable resource, especially as many unscrupulous people would rather have a history of their actions and policies disappear into the ether. Once archived on Debito.org, it didn’t. Soon other issues on Debito.org garnered national and international attention, even generating public policy movements…

Rest is at http://shingetsunewsagency.com/2021/04/19/visible-minorities-retrospective-on-25-years-of-activism/

======================
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April 15 2021: Debito.org celebrates 25 years of existence! Here’s to another 25 years! A brief retrospective.

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Hi Blog. I’m pleased to announce that Debito.org is celebrating its 25th birthday today!

Yes, as far back as April 15, 1996, Debito.org first went live as an archive of my essays written for a long-dead open listserv called the “Dead Fukuzawa Society”, founded by acolytes of the late Chalmers Johnson who believed, like Fukuzawa Yuukichi, of the “Fukoku Kyouhei” (Rich Country, Strong Military) slogan, that Japan had a lot to learn from overseas practices to make one’s country stronger (as did Chalmers Johnson, who believed that the US needed to learn from Japan’s Industrial Policy and mercantilist practices).  Much debate ensued at DFS, and when I realized that my some of my responses to critics were retreading ground I’d written before, I archived them on Debito.org and just sent links.  Some of my most interesting (and fresh) early essaywriting is still up on Debito.org (the website, not this blog section, which will incidentally also be celebrating its 15th birthday on June 17th), including “Issues of Education for Young Families“, “Debunking Myths about Japan,” “Cultural Quirks and Esoterica“, “Dai-san Sector and corruption in my little town“, “Driving in Japan“, “Japan Cycletreks“, and even funny essays (yes, humor from Debito!).

Things have changed for better and for worse, and I’d like to think Debito.org had a hand in promoting the “for better”.  We’ve broken major international news stories, including the Otaru Onsens Case, Trade Barriers and the Dr. Tanii Suicide, the embedded racism of the 1995 Kobe EarthquakeNinkisei Academic Apartheid in Japan’s Universities, Japan’s Racial Discrimination covered by the United Nations, Ministry of Justice foreigner “Snitch Sites“, discrimination at Japan World Cup 2002, racist “foreign DNA” crime research at the National Police Agency, “Tama-chan” sealion and the Juuminhyou, and more listed at our “Activists’ Page“. Debito.org’s archives have also been a launching pad for books, hundreds of newspaper articles and columns, and cited research papers.  Thanks in part to Debito.org (as opposed to all the other information in the academic canon dismissing Japan’s racial discrimination as “ethnic discrimination”, “foreigner discrimination”, and “cultural misunderstandings”), Japan is no longer claiming with a straight face that racism doesn’t exist. Some are even coming to the conclusion that we need actual laws against racial discrimination (now more than 25 years after signing UN international treaty promising to eliminate it).

In fact, look at this Asahi Shinbun article, dated April 11, 2021, courtesy of KM:

Quick, rough translation by Debito (amendments welcome from Debito.org Readers):

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

THE LACK OF A COMPREHENSIVE LAW FORBIDDING DISCRIMINATION

Asahi Shinbun, April 11, 2021

The UN, recognizing that ignoring human rights leads to the barbarity of war, issued proclamations guaranteeing human rights and the elimination of discrimination in its UN Charter (1945) and the Universal Declaration of Human Rights (1948).  Other agreements, such as the Convention on the Elimination of All Forms of Racial Discrimination (1969) Convention on the Elimination of Discrimination against Women and Children (1981) also demands that signatories pass laws forbidding discrimination.

Japan has also looked back on its wartime past, and established in the Japanese Constitution that basic human rights are inviolable rights, and all Japanese people (kokumin) are equal before the law and should not suffer discrimination.  However, despite specific definitions about discrimination outlined in various UN treaties, Japan still has not made a law with comprehensive definitions against discrimination.

Instead, Japan has put into effect full-scale laws against discrimination against the forceful assimilation of minorities and worked towards the improvement for conditions of Burakumin enclaves.  It has also worked towards the education and enlightenment of the public in order to resolve psychological abuse.

Under the Abe Administration, instead of addressing all forms of discrimination, it took a case-by-case approach with the Law to Eliminate Discrimination against the Handicapped (2013), and laws against hate speech and Burakumin discrimination in 2016.

However, the three laws above do not include penalties for carrying out discrimination, stopping at the idealistic “this cannot be done” and “it will not be permitted”. This is due to exceptions being made under guarantees of freedom of speech in the Constitution, given a background of reservations expressed by constitutional experts about “arbitrary restrictions by government regarding speech and expression in places like public demonstrations.”

Editorial Department, Kitano Shouichi

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

COMMENT:  I would argue that this dialog in a major newspaper, acknowledging the need for a “comprehensive law” against discrimination with penalties, would not have been possible in the 1990s before Debito.org. We constantly pointed out that racial discrimination was happening to Visible Minorities in Japan, and a landmark court case (the above mentioned Otaru Onsens Lawsuit) firmed up judicial precedent that racial discrimination (jinshu sabetsu), as rendered, would appear in court documents as an incontrovertible fact of the case. Granted, no mention was made of Non-Japanese and Visible Minorities in Kitano’s essay.  But the word “comprehensive” (houkatsuteki) would arguably include that.

That’s where the work of Debito.org lies for the next 25 years — getting a law against racial discrimination, with penalties, on the books.  I hope you will join us in keeping the record alive and updated as we keep pushing for a Japanese society more tolerant and accepting of diversity.  Japan’s inevitable multiethnic future depends on it.

Debito Arudou, Ph.D.

Founder, Debito.org 

PS. Debito.org Readers, would you put something in the Comments Section about how Debito.org has been of use to you?  Thanks!

======================
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SNA VM 19: “Yoshiro Mori’s Overdue Comeuppance”, Feb 15, 2021, on how the former Japan Olympics Chair melded misogyny with racism — for decades!

mytest

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Hi Blog. My latest Shingetsu News Agency column recounts former Prime Minister and professional bigot Mori Yoshiro’s tenure as Japan representative, and the mystery behind Japan’s consistent waste of talent in favor of hopelessly incompetent and elitist old men. Enjoy. Debito Arudou, Ph.D.

/////////////////////////////////
Visible Minorities 19: Yoshiro Mori’s Overdue Comeuppance
By Debito Arudou, Shingetsu News Agency, February 15, 2021
http://shingetsunewsagency.com/2021/02/15/visible-minorities-yoshiro-moris-overdue-comeuppance/

SNA (Tokyo) — When I started writing this month’s column, Yoshiro Mori, an 83-year-old fossil of Japanese politics, was still president of the Tokyo 2020 Olympics Organising Committee, where he had come under fire for comments claiming that women in leadership positions “talk too much,” cluttering meetings with competitive chatter. He has since resigned, but in the wake has come much media commentary about Japan’s sexism and women’s disenfranchisement.

Photos appeared showing meetings of top-level Japan business organizations (such as Keidanren) that look like old-boy clubs. Pundits noted that Japan has slipped in the World Economic Forum’s gender-empowerment index to 121st place out of 153 countries measured (the lowest amongst the developed countries, behind China, Zimbabwe, Brunei, and Myanmar). And my favorite: Japan idiotically sending a man (Kono Taro) to the world’s first meeting of women foreign ministers in 2018.

All this has occurred despite former Prime Minister Shinzo Abe’s much-touted policy of unlocking the women workforce as the “greatest potential for the growth of the Japanese economy.” He would create “a society in which women can shine.” Mori’s sexist comments make clear that hasn’t happened.

So let’s focus on what Mori himself represented: the worst of Japan’s politics, melding misogyny with racism…
/////////////////////////////////

Rest is at http://shingetsunewsagency.com/2021/02/15/visible-minorities-yoshiro-moris-overdue-comeuppance/

======================
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My Japan Times JBC 119: Top 5 Human Rights Issues of 2020: “A Watershed Year for Japan’s Foreign Residents” (Dec. 31, 2020)

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
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======================
Hi Blog.  Happy New Year!  As has happened at the Japan Times for more than a decade, here is my annual countdown of the top human rights issues for the past year in terms of their impact on NJ Residents in Japan.

I usually do a Top Ten, but since I only had 1000 words this year, it became a Top Five with a few “bubble unders” snuck in.  Enjoy!  Debito Arudou, Ph.D.

/////////////////////////////////////////
justbecauseicon.jpg

2020 was a watershed year for Japan’s foreign residents
By Debito Arudou, The Japan Times, Just Be Cause, Dec 31, 2020

“May you live in interesting times,” goes the famous curse. By that standard, 2020 was captivating. One thing affected everyone worldwide: COVID-19. And in Japan, our international community was hit particularly hard by public policy regarding its containment.

There were many other issues worth mentioning, however. For example, the Education Ministry announced an increased budget for language support in schools for non-Japanese children next year — a promising sign. However, Japan’s continued mistreatment of those kept in immigration detention centers, and an officially acknowledged incident of “hate speech” in Kitakyushu that went unpunished, were also steps backward from the goal of an inclusionary society.

We don’t have space for them all, so below are the top five issues I feel were of greatest impact to Japan’s non-Japanese residents in 2020, in ascending order.

5) Black Lives Matter in Japan…

Read the rest at https://www.japantimes.co.jp/community/2020/12/31/issues/japan-2020-foreign-resident-issues/

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

The issues that bubbled under (with links to sources):

======================
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My SNA Visible Minorities 17: NIKE JAPAN Advertisement on Japan’s Visible Minorities does some good (Dec 21, 2020)

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Hi Blog. As promised in a previous blog entry, I would be giving my opinion on a recent advertisement from Nike Japan that got a lot of attention. We’ve already debated the ad itself on Debito.org here. Thanks for your feedback. Now here’s my take, as part of my latest Shingetsu News Agency column. Enjoy. Debito Arudou, Ph.D.

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Visible Minorities: Nike Japan Does Some Good
Shingetsu News Agency, DEC 21, 2020 by DEBITO ARUDOU in COLUMN
http://shingetsunewsagency.com/2020/12/21/visible-minorities-nike-japan-does-some-good/

SNA (Tokyo) — Nike’s television advertisement depicting a multiethnic Japan stands out as a bright spot to close out the dreadful year of 2020.

Entitled “We Will Continue Moving: Myself and the Future,” the two-minute ad depicts a series of diverse Asian youths pensive about their lives in Japan.
https://www.youtube.com/watch?v=G02u6sN_sRc

Some are running about and kicking soccer balls while musing about their identity and their abilities. A voiceover has them wondering if they’re “normal,” or living up to expectations. One girl, shown in closeup in a school uniform, is clearly a Japanese with African roots. Another boy, after eating a Korean meal with his family, looks up the Zainichi issue late at night on his cellphone. Tennis champ Naomi Osaka’s photo makes a fleeting appearance, with a question about whether she’s American or Japanese. A girl finds Japan’s culture of cuteness doesn’t resonate with her, and wishes she could just ignore it all. Another girl gets glares for going out in public in her Korean school uniform. After more cuts to kids practicing their sports skills, scenes follow of school crowds staring and group-bullying minorities. One lad, drawn attention to by the teacher in class as a new transfer student, feels pressure to be liked by everyone. Another isolated kid feels pressure to tolerate her ostracisation, and then the African-Japanese girl reappears, trying to ignore the other kids who are making a fuss about her kinky hair in a school bathroom. As the music swells, these kids then seek solace in sports, becoming appreciated by their peers for their talents as star athletes—to the point where one girl tapes “KIM” over her Japanese name on the back of her jersey.

The takeaway message in a final montage of voices is the treatment they’re getting is not something they should have to tolerate. They shouldn’t have to wait for a world where they can live “as is,” without concealing themselves.

Now, before I say why this advertisement is important, let’s acknowledge some caveats. One is that this is from Nike Japan, and like all corporations their motivation is to make money. It is a stunt to attract attention and sell products.

Moreover, Nike taking a high road with social justice issues is a bit ironic, given their history of child labor and sweatshops. Above all, human rights and business do not always mix well, and businesspeople are essentially opportunists. So let’s first not delude ourselves to think Nike is primarily motivated by altruism.

The other point worth mentioning is the attention that the ad got: 11 million views so far on YouTube. Naturally, internet trolls, xenophobes, and haters got triggered. Unfortunately, even responsible media (such as the AFP and BBC) gave them oxygen by reporting their overblown calls for a boycott, then fumbled the issue by getting soundbites from unqualified “experts” with no real training in Japan’s history of civil rights, social movements, or race relations issues. These rubes missed the mark by denouncing Nike Japan as a “foreign brand,” or dismissing these kids as “outside voices.”

This is worse than just lazy journalist hackery. This fumble was a missed opportunity to highlight issues that have long been ignored in Japan’s media—the existence of a growing number of visible minorities. So let’s make up for that in this column by acknowledging that Nike Japan’s ad was a big step in the right direction.

First, let’s recap how big 2020 was for minorities in Japan sports:

Rest of the article at http://shingetsunewsagency.com/2020/12/21/visible-minorities-nike-japan-does-some-good/

Read it before it goes behind a paywall on Friday.

======================
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NIKE JAPAN ads featuring Japan’s Minorities and Visible Minorities taking solace and courage from doing sports

mytest

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Hi Blog. Reader JK sent me this link to the following NIKE JAPAN advertisement for discussion:

https://www.youtube.com/watch?v=G02u6sN_sRc

Entitled “動かしつづける。自分を。未来を。” (Lit: We will continue moving. Myself. And the Future.”, which is a bit different from the official title of “The Future Isn’t Waiting”), the subject is of Japan’s school-age Minorities and Visible Minorities facing social othering in Japan, and finding solace and courage in themselves by becoming good at sports.

It’s dated November 27, 2020, and been viewed nearly 10 million times as of this writing. According to the Japan Times, it’s inspired a “fiery online response”: https://www.japantimes.co.jp/news/2020/12/02/national/social-issues/japan-nike-ad/

The BBC adds, a bit disingenuously: “Many Japanese do not like to be told by outside voices to change their ways,” said Morley Robertson, a Japanese-American journalist. “But if a foreigner demonstrates a deep understanding of Japanese culture or Japanese rules, then those same Japanese who would otherwise take offence will gush forth with praise.”

[NB:  Morley Robertson is listed in his Japanese-only Wikipedia entry as a “タレント、DJ、ラジオパーソナリティ、ミュージシャン、ジャーナリスト、コメンテーター”. “Journalist” seems a bit of a stretch.]

Steve McGinnes, the author of Surfing the Asian wave: How to survive and thrive in the new world order, believes the advert is an “own goal”. “Endemic racism is going to be a sensitive topic in any culture. But Nike should not think, as a foreign brand, that it is appropriate for them to point it out to their hosts. “They are crudely putting a spotlight onto a subject that many feel should be off-limits to guests. It’s a huge own goal for Nike.”… “In 2020, should America or an American brand be taking the high ground on racism and telling the rest of the world what they are doing wrong?” adds Mr McGinnes. “Clearly, a lot of Japanese people think they shouldn’t.” https://www.bbc.com/news/business-55140846

Despite the pretty flawed English translation in the CC function, I think it’s worth critique by our Readers. JDG has already said: Interesting comment reported by JT:Nowadays, you often see one or two people of different nationalities going to school perfectly peacefully. The one that’s prejudiced is Nike,” wrote one user named “hira1216.” No, ‘hira1216’, those ‘one or two people’ aren’t ‘different nationalities’, they are JAPANESE! I guess hira1216 doesn’t understand what racism is, so they can’t see it, and are responsible for perpetuating it.

I’ll reserve my comment for later.  But I don’t believe this is an “own goal” for Nike.  And how self-assured can these pundits be that these are “outside voices”?  Debito Arudou, Ph.D.

======================
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My latest SNA VM column 16: “US Elections Repudiate Trump’s Japan-Style Ethnostate”, suggesting that the US might be taking real steps towards a post-racial society, Nov. 16, 2020

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Visible Minorities 16: US Elections Repudiate Trump’s Japan-Style Ethnostate
By Debito Arudou, Shingetsu News Agency, November 16, 2020

SNA (Tokyo) — The US elections captured the world’s attention. No wonder. Given America’s hegemony as an economic, political, cultural, and military power, the results underpin the future of geopolitics and world order.

But here’s another angle: This election offers the world some insights into how countries painfully evolve into multiethnic, post-racial societies. It even demonstrated how enfranchised people would rather destroy their governing system than relinquish power.

Fortunately, they didn’t win. Let’s recount some important facts.

The contest between incumbent Donald Trump and former Vice President Joe Biden was indeed, as depicted in campaign slogans, a battle for the “soul of America.”

At stake was whether Trump’s nepotistic, corrupt administration—one that shamelessly used whatever means they could to perpetuate their power, punish political enemies, and undermine democracy both domestic and worldwide—would get four more years; or whether America’s place as a world leader, for better or worse, would be restored to less capricious leadership, with policymaking sane enough to keep its own citizens alive in a self-inflicted pandemic.

Clearly American voters chose the latter course; Biden won. He got five million more votes in an election where more people voted for a president than ever before, with voting rates on track to be among the highest in modern US history. […]

[There are of course some caveats, and] given the current status of Trump refusing to concede the election, and his lackeys interfering with a transition to the presumptive winner, it’s clear that no matter who wins, Republicans feel they are the only ones entitled to run the country. They view cheating, sabotage, soliciting foreign interference, and spreading unscientific conspiracy theories as fair play. The United States’ 233-year experiment in democracy be damned; 73 million voters in this election agreed with Trump’s authoritarianism. The intractable polarization of American politics is complete.

Still, the fact remains that this election was a repudiation of Trump, and, in retrospect, it’s a textbook example of democracy in action. […]

Ultimately, the history books will remember this about the past four years: Trump was the worst president in American history—the only one who was impeached, served only one term, and lost the popular vote. Twice.

Well, good for the United States. But there are also lessons here for Japan, particularly its minorities: how countries make slow and painful transitions to a post-racial society…

Read the rest on SNA at http://shingetsunewsagency.com/2020/11/16/visible-minorities-us-elections-repudiate-trumps-japan-style-ethnostate/

======================
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My latest SNA VM column 14: “Visible Minorities: Weaponizing the Japanese Language”, on how Foreign Minister Motegi’s discriminatory treatment of Japan Times reporter Magdalena Osumi is part of a bigger phenomenon, Sept 21, 2020

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Hi Blog. My latest Shingetsu News Agency Visible Minorities column 14 discusses how Japan weaponizes its language to require “perfect Japanese” from non-native speakers only, and when they can’t speak it perfectly, they get discriminated against. Consider this:

===================================
Visible Minorities: Weaponizing the Japanese Language
Shingetsu News Agency, SEP 21, 2020 by DEBITO ARUDOU in COLUMN

http://shingetsunewsagency.com/2020/09/21/visible-minorities-weaponizing-the-japanese-language/

On August 28, Toshimitsu Motegi, Japan’s foreign minister, was giving an official press conference to reporters in Japanese. A foreign reporter for Japan Times, Magdalena Osumi, asked some questions in Japanese. When Osumi followed up on a point he left unclear, Motegi responded to her in English.

Osumi then retorted in Japanese, “You needn’t treat me like I’m stupid. If we’re talking in Japanese, please answer in Japanese.” Damn right.

How many times has this happened to you? You ask a question in Japanese of a shop keep, clerk, passerby, or somebody on the other end of a telephone, and they flake out because you got some words in the wrong order, had an accent, or just have a foreign face? Many automatically assume that because you’re foreign-looking or -sounding, you must be able to speak English. So they reply in English.

Or how many times, as a budding Japanese language learner, were you told that what you just said “is not Japanese,” not “it’s not correct Japanese”? Just a flat-out denial, as if your attempt is in some alien tongue, like Klingon.

This phenomenon, where it’s either “perfect Japanese” or you get linguistically gaijinized, is odd. It’s also based upon a myth…
===================================

Read the rest at http://shingetsunewsagency.com/2020/09/21/visible-minorities-weaponizing-the-japanese-language/

The video of that Motegi press conference is at https://www.youtube.com/watch?v=zdlt9n5FDUU (watch from around minute 2 onwards)

Other sources within the SNA article:

Japan Times: In case you missed it: Trump’s awkward response to a Japanese reporter:
https://www.japantimes.co.jp/news/2018/11/08/world/politics-diplomacy-world/in-case-you-missed-it-trumps-awkward-response-to-a-japanese-reporter/ 

Mainichi: Minister under fire for questioning foreign journalist’s Japanese at press conf.
https://mainichi.jp/english/articles/20200902/p2a/00m/0na/009000c

======================
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Reuters: Tennis star Osaka Naomi “a Jesse Owens of Japan”. I don’t think the comparison is apt, yet. She should also speak out for Japan’s Visible Minorities.

mytest

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Hi Blog.  A recent article in Reuters portrays Japanese-Haitian-American tennis star Osaka Naomi as “a Jesse Owens of Japan”. Article first, then my comment:

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Osaka ‘a Jesse Owens of Japan’ for racial injustice stand
Reuters, September 12, 2020 By Jack Tarrant

Courtesy https://www.reuters.com/article/us-global-race-japan-tennis-osaka-featur-idUSKBN2630F4

TOKYO (Reuters) – Naomi Osaka has been the dominant storyline of the 2020 U.S. Open, both for on-court performances that mean she will be playing in Saturday’s final and for her vocal support of the Black Lives Matter (BLM) movement.

Before each match, Osaka has worn a mask bearing the name of a different Black American in a powerful symbol of her support for the fight against racial injustice in the United States.

Osaka, who has a Japanese mother and Haitian father, may represent Japan but she lives in Los Angeles and has joined several BLM protests across the country this year.

Although her focus has been on racial injustice over the last few months, the 23-year-old has long been a symbol for change in Japan.

Osaka is one of the country’s most recognised personalities and has become the face of a changing Japan coming to terms with challenges to its self-image as a racially homogenous society.

Baye McNeil, a prominent Japan-based African-American author and activist, sees Osaka as the next in a line of great Black athlete activists such as boxer Muhammad Ali and sprinter Jesse Owens.

“Muhammad Ali… put his career on the line in order to protest things that he thought were unjust or just wrong. And I think Naomi is on that path,” McNeil told Reuters from Yokohama.

“She is joining a community that has a history, has a legacy, going all the way back beyond Jesse Owens. In fact, what she is doing is very in line with Jesse Owens. Not necessarily for her impact on America but on Japan.

“I kind of think of her as a Jesse Owens of Japan.”

CHANGING THE NARRATIVE

McNeil, who moved to Japan 16 years ago, believes Osaka and other biracial athletes like basketball player Rui Hachimura and Chicago Cubs pitcher Yu Darvish can be catalysts for change just by competing.

“It doesn’t even require them to say anything, you just look at them and say ‘Oh my God, this is a Black woman representing Japan,’” he said.

“This is something Japan has never faced before and I am not sure how exactly they are going to resolve this, or how they are going to modify the narrative, but some modification is required.”

Jaime Smith, who helped organise June’s BLM protest in Tokyo, thinks many Japanese people do not see Osaka’s activism as relating to their own country.

“They see it from the viewpoint that she is a Black American woman, even though she’s half Japanese, and she is speaking out about an American problem, so I still think there’s some wilful ignorance there,” Smith told Reuters.

“That’s … the kind of mindset we are trying to change.”

Smith, who moved from the U.S. to Japan three years ago, sees Osaka as the perfect person to push through this change.

“She is at a point where she is huge worldwide and people can’t help but listen to her,” she said.

“I think this is the perfect time to do what she is doing.”

JAPANESE SPONSORS

Following her 2018 U.S. Open triumph, Osaka attracted a large number of sponsors, many of them big Japanese brands, and became the world’s highest paid female athlete, according to Forbes.

These sponsors have not always been supportive of Osaka’s campaigning against racial injustice, however.

A report in Japanese newspaper Mainichi on Friday [see below] cited unnamed sources at one of her sponsors as criticising her BLM stance, saying they would prefer her to concentrate on tennis.

If some in Japan are struggling to come to terms with Osaka’s activism, this was not apparent at Tokyo’s Godai tennis club on Saturday morning.

“With the face masks, I perceive a kind of determination that she is facing her matches with these thoughts,” said Chika Hyodo.

“I think she is trying to fulfil the role she was given as an athlete and I feel awesome about it. I support her.”

Osaka was a hot topic of conversation at the club as the younger members had their weekly lessons and there was no sign that her activism was having any impact on her popularity.

“She is a Japanese, strong female tennis player,” said 10-year-old Ai Uemura.

“I think it’s great that she entertains people.”
ENDS
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COMMENT FROM DEBITO: What a way to end an article: With an interview with a ten-year-old and some unqualified stranger at some tennis club, as somehow representative of “Japan’s reaction”. That’s some lazy research and poor social science there, Reuters.

Now, as far as Osaka’s activism is concerned, I support the fact that she is bringing to light racial injustice, and is willing to take a stand in public to do so.

However, remember that this is a stand against racial injustice in another country. Not in Japan. This is an easier target because a) Japan has long taught about racism in other countries (particularly America’s) as part of a narrative that racism “happens elsewhere, not here”, so this unfortunately plays into Japan’s grander deflection strategy; and b) this protest doesn’t imperil her sponsorship in Japan, where her money is coming from.

Yet racism, as this blog and my research have covered for more than a quarter century, is alive and “practiced undisturbed” (according to the United Nations) in Japan. That’s worth protesting. So is racism in America, of course. But there are plenty of high-profile voices involved in that already. What is sorely needed is someone standing up for the equal and nondiscriminative treatment of, for example, Japan’s Visible Minorities (a group Osaka herself is a member of).

Others have tried, such as VM Japanese beauty queens Miyamoto Ariana and Yoshikawa Priyanka, and their careers in Japan suffered as a result. Osaka Naomi, as Debito.org has argued before, has a stronger immunity card to criticize Japan (as long as she keeps winning) if she so chooses.

It’s still unclear she will ever choose to. The last big opportunity she had, when her sponsor Nissin “whitewashed” her in one of their ads, she declined to make an issue of. (Imagine the reaction, however, if an American advertiser had done something so stupid.) That’s an enormous disappointment, but indicative of her priorities. And a bit ironic in light of how Japanese society treated her multiethnic family.

Finally, comparisons with Jesse Owens and Muhammad Ali? I’ll let others who are more qualified to shape that narrative speak more to that. But just consider Jesse Owens’ history: a person who protested the segregation and lack of sponsorship he received in his home country of America (to the point of repeatedly, and poignantly, pointing out that Hitler acknowledged his achievements more than President Roosevelt did).  However, his legacy has been portrayed more in my history books as a counternarrative to White Supremacism in Nazi Germany. That in itself, of course, is very welcome, but it’s not quite the whole story.

As for Muhammad Ali, there’s a lot to unpack there because he did so much, but remember that he was suspended from boxing during the best years of his career for protesting the Vietnam War and refusing to be drafted. Again, protesting racial injustice in his country of sponsorship. That’s real sacrifice and heroism.

My point is that the more one tries to apply their cases to Osaka’s case, the more inapt the comparisons become. Being in a position of “it doesn’t even require them to say anything” is not what happened in either Owens’ or Ali’s case.  Especially when you consider that Owens’ and Ali’s protests were more directed towards their country of sponsorship. That’s not what Osaka is doing here.

Again, I praise Osaka Naomi for taking a public stance against racism in the United States. But let’s keep things in perspective, and not let praise become unqualified gush.

And let me suggest she speak out on behalf of her fellow Visible Minorities in Japan too.  Not just dismiss racism in Japan as an issue of “a few bad apples” (which can be — and has been — applied to any society as an excuse for racist behavior). Debito Arudou, Ph.D.

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The Mainichi article cited by Reuters above:

Japanese sponsors of tennis star Naomi Osaka not 100% on board with anti-racism actions
September 11, 2020 (Mainichi Japan)
https://mainichi.jp/english/articles/20200911/p2a/00m/0na/023000c

TOKYO — The anti-racism stance taken by tennis player Naomi Osaka on the courts of the U.S. Open has drawn widespread attention from the public and elicited differing responses from her sponsors in Japan and elsewhere.

Starting with her first match, Osaka entered the court wearing a black mask with the name of Breonna Taylor, a Black woman who was killed at the hands of police, on it as a call for an end to racial discrimination.

“I don’t think she needed to do that while she’s fighting her way to the top. If possible, we’d like her to attract more attention with her tennis skills,” said a source linked to a Japanese corporate sponsor of Osaka’s. “She’s taken on a leadership role as a Black person, and what she’s doing is great as a human being, but whether that will help raise the value of a corporate brand is another thing. There hasn’t been any impact in particular, but it’s not something we’re openly happy about.”

Another source linked to a different Japanese corporate sponsor said, “I think it’s wrong to bring the issue of racial discrimination and her trade, tennis, together.”

Meanwhile, one of her other sponsors, an American corporation, has reacted very differently. A person involved with the company said that in the U.S., it’s riskier not to say you take a stand against racial discrimination, because if you don’t say anything, you could be seen as being accepting it. They said that there are a lot of companies that uphold diversity and inclusion and also agree to help stop discrimination as part of their corporate principles.

After Jacob Blake, a Black man, was shot in the back seven times by police in Kenosha, Wisconsin, in late August, NBA teams boycotted games in protest of the incident, and MLB games were postponed due to players refusing to play. Naomi Osaka announced she was withdrawing from the Western & Southern Open semifinals — a qualifier for the U.S. Open — in protest. Soon thereafter, the tournament decided to postpone the match by a day in solidarity with the protesters, and Osaka decided she would play the next day, sending a strong message to the world.

In the NBA, where the majority of players are Black, actions taken to demand an end to racial discrimination are not uncommon. An official from a management company that has a contract with a Black NBA player explained that the top athletes have the strongest awareness that they must take the initiative to act as a representative of the Black community. And Black children, they said, dream of getting into the NBA, watching those top-tier athletes.

There are some compromises that Osaka, who was born to a Haitian father and a Japanese mother, and grew up in the U.S. since she was three, is not willing to make.

“If I can get a conversation started in a majority white sport I consider that a step in the right direction,” she wrote in her now-famous tweet.

Osaka arrived at the U.S. Open with seven masks, one for each round of the tournament, and each emblazoned with the name of a Black person who had been a victim of police violence. She’s worn six now.

What drives Osaka is her hope that people will get to know the victims better, and do what she can to prevent younger people from suffering from racial injustice.

(Japanese original by Hiroyuki Asatsuma, Sports News Department)

Japanese Version
なおみの人種差別抗議に国内外で温度差 スポンサーの微妙な事情
毎日新聞2020年9月11日 (excerpt)
https://mainichi.jp/articles/20200910/k00/00m/050/300000c
テニスの全米オープン女子シングルスで、人種差別への抗議を続ける大坂なおみ(22)=日清食品=の行動が、大きな反響を呼んでいる。1回戦から黒人差別による被害者の名前が書かれた黒いマスクをつけてコートに入場し、差別撤廃へのメッセージを発信しているが、大坂を支援する国内外のスポンサー企業では受け止め方に温度差がある。その事情とは?【浅妻博之】

「上まで勝ち上がっている時にやらなくてもね。できればテニスのプレーでもっと目立ってほしいんですけど……」。そう話すのは大坂を支援する日本企業の関係者だ。「黒人代表としてリーダーシップをとって、人間的にも素晴らしい行為だとは思うが、それで企業のブランド価値が上がるかといえば別問題。特に影響があるわけではないが、手放しでは喜べない」と複雑な心境を打ち明けた。また別のスポンサー企業関係者からは「人種差別の問題と本業のテニスを一緒にするのは違うのでは」との声も聞こえてきた。

一方でスポンサーの一つである米国系企業の反応は違う。この…
Full article at https://mainichi.jp/articles/20200910/k00/00m/050/300000c

======================
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Updated petition against Japan Foreign Resident Re-Entry Ban: Still discriminatory: Requires extra hurdles for all NJ only, including extra GOJ permissions and overseas Covid tests

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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https://www.facebook.com/BookInAppropriate

Hi Blog. Debito.org Reader Sven Kramer sends this update to a petition he launched against the Japanese Government’s Re-Entry Ban on visa-carrying NJ Residents, who were barred (unlike Japanese citizens) on an unscientific supposition that foreigners are more likely to carry Covid.  And this racist policy caused great hardship to many.

As of September 1, 2020, thanks in part to some impressive international and domestic protests, the Japanese Government as amended this ban. Now it’s no longer a blanket ban. Instead, there are extra hoops, including an exit permission and an unreasonable expectation of test results abroad (when domestic tests can reveal the same symptoms) that are only applied to foreigners, same as before.

Moreover, Japanese citizens are still treated as less likely to have disease, in spite of all the science that shows that Covid does not recognize differences in nationality. Consider this new report from the Japan Times, excerpting (courtesy of W):

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

[…] Even so, entry procedures will differ for those abroad who are seeking re-entry and residents in Japan who are planning to leave… [sparking concerns that even legal residents may face deportation due to unclear and strict requirements that differ from those applied to residents with Japanese passports].

Non-Japanese who left Japan by the end of August will need to contact the nearest Japanese Embassy or diplomatic office to acquire a letter confirming they have valid visas and are allowed to return. Those who left as early as April 3 or after travel restrictions were imposed on their destinations, and were denied the right to return as their circumstances did not qualify for exceptional treatment, will also be able to obtain such certificates.

People who are planning to leave Japan after Sept.1 are required to give the Immigration Services Agency detailed plans on their itinerary and will be allowed to travel as soon as they receive a document confirming the request has been accepted. They will not need to apply for additional documents from an embassy or consular office.

The ISA has warned, however, that they may suspend document issuance for applicants seeking re-entry if testing capacity at airports is insufficient to handle all foreign travelers. Japan was planning to boost its testing capacity to 10,000 per day at the major international airports ー Haneda, Narita and Kansai.

The ISA is set to disclose an email address where requests for re-entry can be sent on its website at noon on Tuesday. Travelers will need to input their residence card number, nationality, and other details as stated on their passport, as well as details of the trip, including destination, planned departure and re-entry dates and information on which airports the traveler will use.

Residents planning to leave between Tuesday and Sunday are requested to share the date of their return during the departure procedure at the airport.

However, starting from September, all non-Japanese, including permanent residents, will be required to undergo specific tests for COVID-19 in accordance with Japan’s guidelines prior to their leaving for Japan. The government has warned that not complying may result in denied entry.

The Immigration Services Agency has claimed the strict conditions are aimed at limiting the spread of the virus in Japan. In contrast, however, Japanese nationals coming from abroad are not required to undergo pre-entry tests for COVID-19…

Full article at:https://www.japantimes.co.jp/?post_type=news&p=2739610
===============================

Sven’s amended petition is below, forwarding with permission. Feel free to sign it. Debito Arudou, Ph.D.

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

https://www.change.org/p/stop-the-entry-ban-on-legal-foreign-residents-of-japan/u/27637556

About the lifting of the reentry ban against legal non-Japanese residents of Japan since September 1

クラーマー スベン

Japan

SEP 1, 2020 — 

About the lifting of the reentry ban against legal non-Japanese residents of Japan since September 1, 2020, and the future of this petition

Since September 1, 2020, all legal non-Japanese residents of Japan can leave and reenter the country. This is a very important and uplifting development. With this most recent easing of restrictions, almost all points of this petition were met.

However, one vital point of this petition (equal treatment of all legal residents at the border regardless of nationality) is still not fulfilled. Only non-Japanese residents have to apply for a Receipt for Request of Re-entry at the Immigration Services Agency before departing from Japan. No explanation in given why this is necessary and why a valid residence card and the normal reentry permit is not enough. Furthermore, only non-Japanese residents (except for diplomats and special permanent residents) have to take a PCR test abroad within 72 hours before the departure for Japan. However, this requirement can nobody meet who stays in a country which does not test people without symptoms or does not deliver the results on time. And anyway, the PCR test at the Japanese port of entry should suffice. Residents of Japan have Japanese health insurance. This is why they are entitled to treatment in Japan if the PCR test at the Japanese airport should turn out to be positive.

Requesting negative PCR tests before going to Japan should be limited to non-Japanese who want to newly enter Japan. This requirement should not be bestowed upon legal residents, who have their livelihoods already in Japan. Therefore, this petition is going to continue until the requirement of PCR tests abroad is abolished for all legal residents of Japan regardless of nationality.

The official documents in question by the Ministry of Justice of Japan:
“Regarding denial of landing to prevent the spread of COVID-19”: http://www.moj.go.jp/content/001327574.pdf
“Additional Epidemic Prevention and Control Measures for the Entry of Re-entry of Foreign Nationals”: http://www.moj.go.jp/content/001327575.pdf

Japanese Version:

令和2年9月1日開始の再入国拒否政策の緩和と今後の対応について

日本の中長期在留資格を有する外国人(外国籍の住民)は令和2年9月1日から水際対策が大幅緩和され、海外旅行の後で再入国できるようになりました。これは嬉しいこととして評価します。これで本陳情書の請願がほとんど叶いました。

しかし、本陳情書の重要な請願の一つ(外国籍住民と日本国籍保持者ならびに特別永住者との同等な待遇)にまだ適合していません。具体的には、外国籍住民だけ海外へ出国前に出入国在留管理庁に届け出なければなりません。なぜ有効な在留カードと通常の再入国許可だけで足りないのか、どこにも説明されていません。そして、8月5日からのルールと同じように、日本に帰る前に渡航先で出発前72時間以内に陰性のPCR検査の証明書を手に入れなければなりません(「外交」、「公務」、「特別永住者」という在留資格・身分を除く)。ただ、これは渡航先によってクリアできない条件です。症状がないと検査が受けられない国または検査結果が72時間以内に出ない国からの出発だったら、クリアできません。しかし、日本の空港でのPCR検査だけで十分のはずです。なぜかというと、住民は日本の健康保険に加入しており、仮に再入国時のPCR検査を陽性であっても、日本の健康保険を使った上日本の医療機関で治療を受ける権利があるはずです。

海外で出発前のPCR検査は新規に入国しようとする外国人に対して求めるべきだと考えております。すでに生活基盤を日本に築いたものに対する待遇であるべきではありません。よって、国籍を問わず日本の全住民に対して海外でのPCR検査を受ける義務が撤廃されるまで本陳情活動を続けます。

法務省HPからの史料:
新型コロナウイルス感染症の拡大防止に係る上陸拒否について(令和2年8月28日現在): http://www.moj.go.jp/content/001327502.pdf
外国人の入国・再入国に係る追加的な防疫措置について(令和2年8月28日現在): http://www.moj.go.jp/content/001327504.pdf

======================
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Followup: Mark proposes a class-action lawsuit, against Japan Govt for Foreign Resident Travel Ban, to Human Rights Watch Japan

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Following up on yesterday’s post, Debito.org Reader Mark proposes that Human Rights Watch Japan, which recently decried Japan’s horrible travel ban on Non-Japanese Residents of Japan, think about organizing a class-action lawsuit against the Japanese Government.  The New York Times just did a good article on the ban, while Debito.org, has written extensively on it (start here), and there’s an online petition here giving you even more information.  Brief commentary for me only, back to Summer Mode; so Mark, take it away.  Forwarding with permission.  Debito Arudou, Ph.D.

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

Readers of debito.org could write their experiences to:
“Human Rights Watch”
Japan Director – Dr. Doi Kanae
Email: tokyo@hrw.org
https://twitter.com/kanaedoi

From: Debito.org Reader “Mark”
To: Human Rights Watch Japan ヒューマン・ライツ・ウォッチ日本代表
Doi Kanae 土井香苗様,

I am a PhD Student at the Graduate School of Medicine, The University of XXXXXX. I obtained an MD Degree in XXXXXX (my native country).

I would like to point the fact that foreigners in Japan (including me) have been severely affected by a political decision implemented in the form of a travel ban. Here are some details: https://www.debito.org/?p=16095

As a consequence, thousands of families in Japan have been divided and many have suffered mental distress.

As a majority of foreign residents in Japan have low socioeconomic status, it is almost impossible for most “gaikokujin” to challenge the Travel Ban in courts in Tokyo (due to lawyer’s expenses). I have been in contact with some academics and lawyers in Japan and one of them suggested the idea of filling a “Class Action Lawsuit” in Tokyo because the “Travel Ban” violates Article 14 of Japan’s Constitution:

第十四条 すべて国民は、法の下に平等であつて、人種、信条、性別、社会的身分又は門地により、政治的、経済的又は社会的関係において、差別されない。
Article 14. All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.

An American Lawyer at an International Firm in Tokyo privately agreed but recommended proceeding in court via an NGO.

Would it be possible for Human Rights Watch Japan to fill a “Class Action Lawsuit” to protect migrants, refugees and all the foreign community in Japan?

Sincerely, Mark
Email: (new) debitoorg.classaction.petrographers@protonmail.com

Before sharing your story, please create a “ProtonMail” account for end-to-end encryption.

All the information provided is STRICTLY CONFIDENTIAL. Your story would be analyzed by:
– Debito.org [ debito@debito.org ]
– Human Rights Watch Japan [ tokyo@hrw.org ]
– Embassy/Consulate

PS. My PhD Studies are in the Field of Microbiology, Pathology and Immunology. There are absolutely no medical reasons to support the travel ban. It is just racial discrimination as described on www.debito.org

UPDATE AUG 10, 2020 FROM MARK:

Debito.org readers are welcome to write how the travel ban affected you and your family.

Please send a copy of your experience in your native language to:
debitoorg.classaction.petrographers@simplelogin.co

We are collecting evidence for a lawsuit and need your help!

PS. Any language is acceptable; English, Japanese, Romance languages (French, Spanish, Italian), Chinese, Korean, etc.

======================
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Summer post: Human Rights Watch calls for law against racial discrimination in Japan, in light of COVID and BLM

mytest

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Hi Blog.  It’s deep summer in the Northern Hemisphere, and as always, Debito.org is taking a more relaxed stance towards posts with deep commentary this time of year.  Better yet, when people send me items that can be copy-pasted, that makes blogging even easier.  So let me turn the keyboard over to Debito.org Reader Mark, who sends the following.  Debito Arudou, Ph.D.

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

Dear Debito,

Doi Kanae, a Japanese Lawyer (specialized in Immigration, Refugees and Constitutional Law) wrote an article in Human Rights Watch calling for Japan to pass a law against racial discrimination. This can be published on Debito.org as an entire post in Japanese with English translation:

https://www.hrw.org/ja/news/2020/06/19/375529

Regards, Mark

Japanese Original:
「ブラック・ライブズ・マター」(黒人の命も大切だ)と、人種差別に抗議するデモが米国から世界に広がり、日本でも行われた。日本も批准する人種差別撤廃条約で、人種差別とは人種だけでなく皮膚の色や民族による差別も含むとされる。

日本でも在日コリアンなど、差別や偏見にさらされてきた人々がいる。二〇一七年公表の法務省調査では、外国人であることを理由に就職を断られた人が25%、入居を断られた人が約四割いた。差別を受けてどこかに相談した人は約11%。被害者が泣き寝入りしている実態が浮かび上がる。

新型コロナウイルス拡大前、日本は慢性的な人手不足にあり、政府は新たな在留資格を創設した。感染が収束すれば、外国人を積極的に迎える状況に戻るだろう。人種、民族、宗教、国籍が異なる多くの人たちと一緒に生きる社会に向けて、日本は準備ができていないと言わざるを得ない。

私は長年、多くの先進国と同様に日本も「人種差別禁止法」を制定する必要があると考えてきた。政府がルールを示す効果は、男女雇用機会均等法が成立して数十年で、採用や解雇、セクハラなどの分野で社会が大きく変わったことを考えればわかりやすい。真の男女平等には遠いとはいえ、もし法律もなかったらと考えると、空恐ろしい。

今こそ、人種差別禁止法の議論を始めるときだ。

(ヒューマン・ライツ・ウォッチ日本代表)
/////////////////////////////////////////

Google’s Translation:

“Black Lives Matter” (black lives are also important) and a protest against racism spread from the United States to the world and were held in Japan. The Convention on the Elimination of Racial Discrimination, which is also ratified by Japan, is said to include not only racial discrimination but also discrimination based on skin color and ethnicity.

Even in Japan, there are people who have been exposed to discrimination and prejudice, such as Koreans living in Japan. According to a Ministry of Justice survey released in 2017, 25% of the people were refused employment because they were foreigners, and about 40% were refused. About 11% of people consulted somewhere because of discrimination. The fact that the victim is crying himself to sleep instead of getting assistance becomes apparent.

Before the spread of the new coronavirus, Japan had a chronic shortage of manpower and the government created a new status of residence. Once the infection is settled, it will return to the situation of actively accepting foreigners. It must be said that Japan is not ready for a society that lives with many people of different races, ethnicities, religions, and nationalities.

For many years, I have thought that Japan, like many developed countries, needs to enact “Racism Prevention Law.” The effect of the government’s rule is easy to understand, considering the fact that societies have changed significantly in the fields of hiring, dismissal, and sexual harassment in the decades since the Equal Employment Opportunity Law was enacted. Though far from true gender equality, it would be horrifying if there were no law.

Now is the time to start discussing anti-racism laws.

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

======================
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American Chamber of Commerce in Japan calls on J govt to cease “double standard restricting [Foreign Japan Residents’] travel, economic, and familial opportunities based on nationality” in Coronavirus policy

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  Now the ACCJ has spoken out against the Japanese government’s coronavirus policy treatment of NJ Residents that you see nowhere else in fellow developed countries.

As Debito.org concurs with a resounding cheer (as it’s what we’ve been saying all along), the ACCJ notes in its second statement:

“Such individuals, especially those with permanent residency (eijuken) and their accompanying family members or those who are immediate family members of Japanese nationals, and those with long-term working visas and their accompanying family members, need to be allowed to enter Japan under the same conditions as Japanese citizens to continue living and working in this country. Such foreign nationals are actively and positively contributing to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan… At minimum, Japan should adopt the approach of other G7 countries to allow foreigners with established residency status and their immediate family members to depart and enter the country on the same basis as Japanese nationals.”

Bravo.  This is in addition to the recent Japan Association of National Universities’ similar call on behalf of international students.  Courtesy of TJL.  Debito Arudou, Ph.D.

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

THE AMERICAN CHAMBER OF COMMERCE IN JAPAN CALLS ON GOVERNMENT OF JAPAN FOR EQUAL TREATMENT OF ALL RESIDENTS

https://static1.squarespace.com/static/5eb491d611335c743fef24ce/t/5f0c1ed4aee1c9281ab07fc0/1594629845288/200713+PR_English.pdf

JULY 13, 2020 [TOKYO] – The American Chamber of Commerce in Japan (ACCJ) today issued a second statement [included below] in response to re-entry travel restrictions placed on residents of Japan who are not Japanese citizens and called on the Government of Japan to provide fair and equal treatment for all residents regardless of nationality.

“Foreign residents of Japan who have made a decision to build a life here and contribute to the Japanese economy should not be subject to a double standard restricting their travel, economic, and familial opportunities based on nationality,” said Christopher J. LaFleur, ACCJ Chairman. “While we applaud and support the Japanese government’s efforts to manage the COVID-19 crisis, a resident’s nationality provides no basis on which to assess risk or assign travel privilege in relation to COVID-19.”

Foreign nationals actively and positively contribute to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan.

The ACCJ statement expresses concern among our international business community that the prohibition currently in place is detrimental to Japan’s long-term interests, in particular as to Japan’s attractiveness as a place to invest and station managerial employees with regional responsibility.

The ACCJ requests that the Japanese Government establish a re-entry permit or process whereby travelers entering Japan under the ‘humanitarian’ exception can receive an assurance that they will be admitted to Japan before they board flights outside of Japan.

The ACCJ also requests that any measures taken to permit Japanese nationals to travel for business, or, in the future, travel for other purposes, also apply equally to foreign nationals with proper permanent residency as well as their spouses and children, foreign nationals who are spouses or children of Japanese nationals, long- term visa holders and their accompanying family members, and foreign nationals residing in Japan under a Japanese working visa.

Finally, the ACCJ would like to see the Japanese government announce clear timelines for the resumption of travel and implement clear policies with the minimum documentation necessary. This will enable those properly desiring to return to Japan to make plans free of anxiety and continue their contributions to Japan’s economy, society, and international relations.  ENDS

About ACCJ

page2image3443582304

The American Chamber of Commerce in Japan (ACCJ) was established in 1948 by representatives of 40 American companies. Over its 72-year history, the ACCJ has positioned itself as one of the most influential business organizations in Japan. The ACCJ has approximately 3,000 members who together represent over 600 globally minded companies with offices in Tokyo, Nagoya, and Osaka. Working closely with the U.S. and Japanese governments, business organizations and others, the ACCJ engages in activities that advance its mission of further developing commerce between the U.S. and Japan, promoting the interests of U.S. companies and members, and improving the international business environment in Japan including the commitment to demonstrating responsible corporate citizenship. The ACCJ’s more than 60 committees represent a variety of industries and make policy recommendations through advocacy tools such as viewpoints, public comments, and white papers. The ACCJ holds on average 500 events and seminars a year, many of which focus on government policy and economic trends. The ACCJ is also committed to promoting charitable and CSR activities.

PRESS CONTACT: ACCJ Communications (comms@accj.or.jp)

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

FULL ACCJ STATEMENT

https://static1.squarespace.com/static/5eb491d611335c743fef24ce/t/5f0433e6e9c21e3821625bca/1594110951359/200707+Second+Statement+on+re-entry+travel+restrictions.pdf

July 7, 2020

Second Statement on Re-entry Restrictions Placed on Permanent Resident and Visa Holders

The American Chamber of Commerce in Japan (ACCJ) expresses our concerns regarding Japan’s immigration authorities’ limitations on the entry of non-Japanese nationals residing in Japan during the COVID-19 crisis.

The ACCJ understands and supports Japan’s efforts to protect itself from further spread of the virus, including Japan’s decision to enforce a mandatory 14-day quarantine on those returning to Japan from countries where the risk is greatest. We also recognize the progress in clarifying the conditions and criteria for, and the process under which, foreign residents of Japan may receive permission to re-enter Japan for humanitarian reasons.

We are concerned, however, that the prohibition currently in place on the entry into Japan of foreign nationals who have a permanent abode, family, and work base in Japan is detrimental to Japan’s long-term interests, in particular as to Japan’s attractiveness as a place to invest and station managerial employees with regional responsibility.

Such individuals, especially those with permanent residency (eijuken) and their accompanying family members or those who are immediate family members of Japanese nationals, and those with long-term working visas and their accompanying family members, need to be allowed to enter Japan under the same conditions as Japanese citizens to continue living and working in this country. Such foreign nationals are actively and positively contributing to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan.

We would also note that through the payment of local and national taxes, the consumption of goods and services from the local economy, and the support for companies both local and international, Japan’s foreign residents and workers play an important role in ensuring Japan’s economic growth and good relations with global partners. Their contributions will be all the more important as Japan looks to recover from the economic impact of the COVID-19 pandemic. We are grateful that the Government of Japan treated the foreign community in Japan on an equal basis by designating duly registered foreign residents as eligible for the recent COVID-19 stimulus payment.

More immediately, we respectfully request that the Japanese Government establish a process whereby travelers entering Japan under the ‘humanitarian’ exception can receive an assurance that they will be admitted to Japan before they board flights outside of Japan. This is because airlines are generally obligated to return, at their own expense, travelers rejected entry to a country. For this reason, we understand that many airlines are refusing to board any non-Japanese nationals on flights to Japan because of the regulatory uncertainty. This process could be notionally similar to the current re-entry permit application system, and it could be thought of as a “coronavirus re-entry permit” granted at the time the traveler leaves Japan or by special application to a designated Japanese Embassy, Consulate or other designated entity.

We respectfully request that, as the government’s Novel Coronavirus Response Headquarters considers which further steps it might take to ease restrictions on travel and measures taken to permit Japanese nationals to travel for business, or, in the future, travel for other purposes, any decisions also apply equally to foreign nationals with proper permanent residency as well as their spouses and children, foreign nationals who are spouses or children of Japanese nationals, long-term visa holders and their accompanying family members, and foreign nationals residing in Japan under a Japanese working visa. At minimum, Japan should adopt the approach of other G7 countries to allow foreigners with established residency status and their immediate family members to depart and enter the country on the same basis as Japanese nationals. In the event that is not done, any guidance provided should be based on objective standards and any advance clearance provided should be in writing and should be recognized as an official approval at the point of entry into Japan.

We hope that the Japanese government will announce clear timelines for the resumption of travel and implement clear policies with the minimum documentation necessary. This will enable those properly desiring to return to Japan to make plans free of anxiety and continue contributing to Japan’s economy, society, and international relations.

We respectfully request that the Japanese government considers these concerns and suggestions as critical work continues to protect Japan from the effects of the pandemic and encourage its recovery. ENDS

======================
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Japan’s National Universities call on the Education Ministry to protect int’l students from expulsion and exclusion (a report from Debito.org Reader Mark)

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Mark, a graduate student at a Japanese university, sends word that Tokyo University’s International Student Support Group has been doing its job assisting its NJ students, noting that the Japan Association of National Universities has made demands to the Ministry of Education clearly advocating on behalf of international students in Japan.  The latter on the national government to (ISS’s translation):

(1) ensure that the international students and researchers who already obtain a status of residence can have the continued education and research opportunities by promptly allowing them to re-enter Japan. Also, it should be based on thorough infection prevention measures.

(2) promptly resume the visa application process at Japanese Embassies/Consulates for international students (new students) and newly hired international researchers, carefully monitoring the infection situation in each country.

Now, while this isn’t on the scale of what you get in the United States, where a very large front of universities, states, and even corporations lined up lawsuits to defend international students from getting their student visas revoked by the Trump Administration if they were taking online-only classes (resulting in the Trump Administration actually backing down yesterday, mere days after ICE unilaterally declared it policy).  But for Japan it’s a start.  And a rather rare example of organizations that aren’t “activist groups” advocating on behalf of NJ rights (especially since the GOJ’s activities lately have been especially isolationist and xenophobic).

And since these are Japan’s flagship universities, including Toudai, it’s a precedent and a template.  Bravo.

Turning the keyboard over to Mark for his report.  Debito Arudou, Ph.D.

///////////////////////////////////////////
From: Mark
Sent: Tuesday, July 14, 2020
To: UTokyo Int’l Support Group 本部国際支援課学生生活T <rsupport.adm@gs.mail.u-tokyo.ac.jp>
Cc: in@m.u-tokyo.ac.jp
Subject: コロナ水際対策 「外国人」差別の理不尽

Dear Members of ISSR,
(CC. Graduate School of XXXXX),

I am a graduate Student at the School of XXXXX. I am kindly writing to share an editorial article published by Asahi Shinbun and ask about what can your Office do to help in this regard.

(社説)コロナ水際対策 「外国人」差別の理不尽
https://www.asahi.com/articles/DA3S14504839.html (reproduced below)

I found that the Government’s policy is an example of racial discrimination. It is the only country of the world practicing such discriminatory policy. As a foreign student affected by such irrational discrimination, I would kindly ask specifically how your Office can help in a concrete way.

A public statement from the University would be valuable and would be a reasonable request.

Although the Confucian tradition in Japan makes difficult for most Japanese to oppose a policy from the “top” (from a superior), such discriminatory policy affecting international students is so irrational that deserves a concrete action. Otherwise, Universities are being accomplices and the effort for internationalization would be proven to be false and shallow.

I look forward to hearing from you soon, Best regards, Mark

PS. More details about the discriminatory policies are available here:
https://www.debito.org/?p=16095

///////////////////////////////////
REPLY:

From: UTokyo Int’l Student Support Room 留学生支援室 <issr.adm@gs.mail.u-tokyo.ac.jp>
Date: Wed, Jul 15, 2020 
Subject: RE: コロナ水際対策 「外国人」差別の理不尽 (Dear Marco-san)
To: Mark
Cc: UTokyo Int’l Student Support Room 留学生支援室 <issr.adm@gs.mail.u-tokyo.ac.jp>

Dear Mark,

Hello, this is the International Student Support Room (ISSR). Thank you for your message.

International Support Group (ISG, that is in charge of University guarantor system, etc. at rsupport.adm@gs.mail.u-tokyo.ac.jp ) forwarded your message to us this morning at issr.adm@gs.mail.u-tokyo.ac.jp We are the university-wide office to provide international students with the support regarding their on/off-campus life.

We totally understand that the international students as well as all foreign nationals who have a valid resident status in Japan, have been going through very challenging times.

As you may know, university and its board members made an announcement to our international students dated on July 7, as follows. We sincerely concern about the students who are unable to enter to Japan and who are in Japan, but still have difficulties to take online classes.

https://www.u-tokyo.ac.jp/content/400142176.pdf (text follows, for the record):

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

Dear International Students:
The COVID-19 crisis has brought serious challenges to our society. As you know, the University of Tokyo has been offering classes online since this past April to contain the spread of the infection of the virus.
We understand that many of you coming from abroad must have a variety of concerns. Those who have not been able to enter Japan and have been taking online courses from outside Japan must be particularly worried.
The following websites include helpful information for students. Please refer to the kind of support available as well as necessary contact information for you.
UTokyo websites for students:
○“University Response to the Coronavirus Disease 2019”
”To current students”
COVID-19-related information regarding financial support, counseling, classes, housing, information for international students:
https://www.u-tokyo.ac.jp/en/general/COVID-19.html#id02
○Website for International Students
Useful information for international students such as counseling services available on and off campus and contact information for international students:
https://www.u-tokyo.ac.jp/adm/inbound/en/index.html
If you have any questions or wish to make any consultation about your academic affairs such as registering for courses, please contact your academic advisor or the staff and faculty in charge of international students of your school or college.
The University of Tokyo will continue to do everything possible to make sure all of you may continue with your academic endeavors. The University will provide an appropriate educational environment in which each and every one of you can continue with your effort to realize your academic goals, even in this difficult situation.

OKUBO Tatsuya, Executive Vice President in charge of Student Affairs

AIHARA Hiroaki, Director General of the Division for Global Campus Initiatives

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

On July 13 (day before yesterday), in light of our concerns regarding the current international students, The Japan Association of National Universities requested the Minister of Education, Culture, Sports, Science and Technology as follows. The University of Tokyo, of course is a member of this association.

https://www.janu.jp/news/whatsnew/714.html

(Full PDF here for the record: 20200713-wnew-youbou)

*We apologize that the request is written in Japanese, so please refer to the Japanese translation.

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

We (The association) request the relevant ministries to;

(1) ensure that the international students and researchers who already obtain a status of residence can have the continued education and research opportunities by promptly allowing them to re-enter Japan. Also, it should be based on a thorough infection prevention measures.

(2) promptly resume the visa application process at Japanese Embassies/Consulates for international students (new students) and newly hired international researchers, carefully monitoring the infection situation in each country.

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

ISSR also keeps our board members informed about the difficult situations that the international students have encountered. What international students/researchers think really matters to us.

Thank you again for sharing your message with us. Best regards, ISSR
ends
////////////////////////////////

Asahi article in Mark’s letter:

(社説)コロナ水際対策 「外国人」差別の理不尽
朝日新聞 2020年6月8日
https://www.asahi.com/articles/DA3S14504839.html
コロナ禍で海外との人の行き来がほぼ途絶えるなか、日本で暮らす外国籍の人がひときわ厳しい立場に追いこまれている。

感染防止の水際対策の一環として、政府が「いったん日本を離れたら再入国させない」との措置をとっているためだ。国内に生活基盤をもつ人も対象で、母国に差し迫った用事があっても帰ることができないとの悲鳴があがる。理不尽な施策は直ちに改めるべきだ。

政府は現在、111の国・地域からの「外国人」の入国を拒否している。日本の永住資格をもつ人や日本人の配偶者たちも同じ扱いで、これらの国々に赴いた場合、原則として再入国は許可されない。入管当局は出国を控えるよう求める。

だが抱える事情は様々だ。

母国に住む重病の親族を見舞いたい、経営する海外の会社が立ちゆかないので現地で直接指揮したい――といった切実な希望もかなわず、各方面に影響が及んでいる。やむなく出国した人は日本に戻れず、家族にも会えない状況が続く。

先月の国会では、母親の葬儀に参列しようとした日本在住11年の外国人が、事前に当局に問い合わせたところ「再入国は認められない」と言われ、最後の別れを断念したケースが紹介された。政府による人権侵害行為と言わざるを得ない。

今回の入国規制をうける外国人のうち、たとえば「永住者」は、日本に10年以上住み、納税などの義務を果たしてきた人たちだ。様々な分野で責任ある立場についている人も多く、その数は約80万人。日ごろ政府が唱える「外国人との共生」のまやかしや底の浅さを、コロナ禍が浮かびあがらせた格好だ。

他の先進国も水際対策に力を入れるが、長期滞在者や自国民の配偶者らの再入国に特段の障壁はない。家族、住まい、仕事など、その人をその人たらしめる土台はその国にあるのだから、当然の対応だ。

日本も再入国を認めたうえで、空港などで感染の有無をチェックし、自主隔離を要請すればいいだけの話だ。日本国籍の人や在日コリアンら特別永住者と異なる扱いをしなければならない理由はどこにもない。

国会で議論になった後、出入国在留管理庁はホームページに「人道上配慮すべき事情があるときなどは入国を許可する場合もある」との一文を載せた。しかしどんな場合なら「配慮」するかの基準は不明で、問題の解決になっていない。

国籍がどこであろうが、ひとりの「人」として遇する。この基本を理解しない政府が、外国人材の受け入れを標榜(ひょうぼう)したところで、信頼されるはずがない。
ENDS
======================
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SNA Visible Minorities Column 11: Advice to Activists in Japan in general (in the wake of the emergence of the Black Lives Matter Japan Movement), June 22, 2020.

mytest

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Visible Minorities: Advice to Activists in Japan
Shingetsu News Agency, Visible Minorities Column 11, June 22, 2020
By Debito Arudou, Ph.D.
http://shingetsunewsagency.com/2020/06/22/visible-minorities-advice-to-activists-in-japan/.

SNA (Tokyo) — Sparked by the George Floyd murder by police in America last month, street protests against official violence towards minorities and disenfranchised peoples have sprung up worldwide.

Japan has been no exception. Within recent Black Lives Matter demonstrations, a wider range of people are finally decrying, for example, the Japanese police’s racial profiling and violence towards visible minorities.

I’ve talked about these and other issues for years, devoting significant space both on Debito.org and in my book Embedded Racism: Visible Minorities and Racial Discrimination. That said, it should be noted that my position in Japan as a white male with naturalized Japanese citizenship has provided me significant privilege; in all humility I am not in the best position to offer advice to people who have the right (nay, obligation) to create their own identities, narratives, and agendas as they see best.

Nevertheless, this column would like to point out some of the pitfalls that activists may face in Japanese society, based upon my experience fighting against racial discrimination here for nearly thirty years. Please read them in the helpful spirit they are intended:

1) Remember that, in Japan, activists are seen as extremists

Japan has a long history of activism and protest. However, the historical narrative generally portrays activists (katsudouka) as radical, destructive elements (kagekiha), most famously the Japanese Red Army; the Revolutionary Communist League, National Committee (Chukakuha); the Japan Revolutionary Communist League, Revolutionary Marxist Faction (Kakumaruha); or even just labor unions like the Japan Teachers’ Union (Nikkyoso). If you’re out there protesting, you’re automatically seen by many Japanese as angry, unapproachable, and unable to be reasoned with.

Furthermore, public demonstrations are treated with undue alarm. They’re not, for example, normalized as a phase college kids go through and grow out of. In fact, youth might become unemployable if they carry on beyond college. That’s why high-profile student group Students Emergency Action for Liberal Democracy (SEALDs) disbanded as soon as their leaders approached the job market.

Additionally, the government has a long history of suppressing voices from the left more than the racket from rightwing conservatives and reactionaries, as seen in their regular rounds of unfettered sound trucks. It’s not an even playing field for human-rights advocates. That’s why there arguably isn’t a successful example of leftist protests ever decisively changing the course of government in Japan. (Contrast that with, say, the anti-Vietnam protests of the 1960s, so romanticized in Western media, which even undermined presidents overseas.)

The result is that the average person in Japan, especially your employer, will need to be convinced that what you’re doing is at all necessary, not to mention has a snowball’s chance of succeeding. Be prepared to do that.

2) Keep the debate focused on how discrimination affects everyone in Japan

One problem with protests for equal rights for “foreigners” is an assumption that the problem must be exogenous. It runs deeper than the sentiments of a) “foreigners are only ‘guests’ here, so they shouldn’t be rude to their ‘hosts’ by protesting,” or b) “if only you weren’t here disrupting our homogeneous society, your problem would just go away.” It’s again a problem with narrative.

Discrimination, particularly “racial discrimination” (jinshu sabetsu), is generally taught in Japanese schools as something other countries do towards people with different skin color, notably US Segregation and South African Apartheid. Thanks to the daily mantras about our alleged monocultural, monoethnic “island society” closed off from the world for a zillion years, Japan generally doesn’t see how “race” could be a factor here. The logic is that homogeneous Japan has no races, therefore no “race relations” problems like other countries. The Japanese government has made precisely this argument to the United Nations.

That’s one reason why Japanese media reflexively deflects the issue into terms like “foreigner discrimination” (gaikokujin sabetsu), “ethnic discrimination” (minzoku sabetsu), or merely “cultural differences” (ibunka no chigai). All of these concepts miss the point that racial discrimination is in fact a longstanding domestic issue.

So refocus the issue back on the process of racialization. Reiterate at every opportunity that this is “racial discrimination,” and stress how, thanks to generations of naturalization and international marriage, there are plenty of Japanese citizens with diverse roots. Thus discrimination against “foreigners” also affects hundreds of thousands of Japanese people.

After all, Japanese society gloms onto “racial discrimination” against Japanese citizens abroad with a surprising amount of passion. So point out that it’s happening here too. And you’ll have to do it again and again, because you will have to convince a surprising number of people who refuse to believe that racism even exists in Japan.

3) Be wary of being fetishized

Remember that a certain degree of social resonance you may be feeling in your crowd is likely not the feeling of acceptance you might want; it is not equal footing with Japanese citizens. People often join in since protesting is “cool” because “foreigners are cool” or “pitiable” (kawaisou).

There is plenty of scholarly research (read Marvin D. Sterling’s Babylon East, for example) on how Japanese adopt “foreign cultures” only on a topical level, meaning without much interest in the actual mindset or experience of being a visible minority in Japan.

Collaborate with whoever shows up, of course. Just don’t get your hopes up too far. Some people who seem like supporters might only be fair-weather groupies. So don’t rely on them too much when it comes time for them to commit their names or faces in public.

4) Be ready for the long haul

Success, of course, requires not only widespread support in Japan, but also assistance from fellow Japanese human-rights activists. They are very practiced and determined, having done this sort of thing for decades. But remember: Activist groups in Japan are very cliquey. Often the barriers for entry and being accepted as “one of us” are pretty high.

Even though, at first, being seen as “pitiable” works in your favor, remember that the default attitude towards people seen as “foreigners” is “someone here only for the short-term.”

What I mean is “foreigners” are often treated like exotic birds, as something to study because you alighted on their balcony and have interesting plumage to look at. So they give you their attention for as long as you’re around. But once it seems you’ve flitted off, you’re quickly forgotten as merely a phase or a pastime. Then things reset back to the ingrained narratives of Japan as homogeneous and foreigners as temporary.

The only way you can defy that is by showing how deeply you’ve committed yourself to this issue for as long as possible, as people in those activist groups have. They’ve made this rallying cause a life mission, and they’ll expect you to as well. Otherwise, you’re just a fickle foreign hobbyist and doors slam.

Moreover, be careful of the “get in line” attitude that one (rightly) receives from other minorities in Japan (such as the Zainichi Koreans). They have been here much longer, fought much harder, and sacrificed more simply to exist in Japan. Avoid the one-upmanships over “who’s the bigger victim here?”

Instead, focus on what you all have in common: perpetual disenfranchisement, and how you have to work together to overcome that to make Japan a better place for everyone. Remember that power surrenders nothing without a fight, so dissolving into disagreeing leftist factions is precisely what the powerful want. The status quo wins by default that way.

5) Control your own narrative

Finally, don’t rely on people who aren’t in your position to understand or promote your narrative. Do it yourselves. Organize your own press conferences. Make sure that everything you release to the public and media is also in Japanese, and have some prominent public spokespeople who are minorities. It’s your voice. Don’t let even the best-intentioned interpreters and interlocutors inadvertently dilute it.

For example, last month, the people of diverse roots who spoke out fluently against the Shibuya police roughing up a Kurdish person were excellent examples of how to do it right. They were very effective in getting the message out both to print and broadcast media. More of that, please.

There you go: five pitfalls I might suggest you avoid. I hope you find them useful, even if I have a very limited understanding of what you’re going through. In any case, it’s your time and your social movement. I wish you success, and thanks for reading.  ENDS

For breaking news, follow on Twitter @ShingetsuNews

======================
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Mainichi: Japan, US academics demand NHK explain offensive BLM anime. And how about all the others (including NHK) in the past?

mytest

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Hi Blog.  Japanese TV has once again put their foot in it for racist stereotyping.  We’ve already covered here on Debito.org:

Now we see NHK (“the BBC of Japan“) commenting on Black Lives Matter in perhaps the most insensitive way possible. Submitter JK comments, then I comment:

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

JK:  Hi Debito.  Looks like NHK is actually getting heat for their understanding (or lack thereof) of the world now:

Japan, US academics demand NHK explain editorial choices behind offensive BLM anime
https://mainichi.jp/english/articles/20200613/p2a/00m/0na/011000c

June 13, 2020 (Mainichi Japan) Japanese version follows.

PHOTO CAPTION: An NHK animated explainer on Black Lives Matter protests in the U.S. which was widely condemned as racist and subsequently removed by the broadcaster, is seen in this screen capture. (Mainichi)

With translation:

TOKYO — Academics in Japan and the United States submitted a letter to NHK on June 12 demanding the Japanese public broadcaster clarify why it broadcast an anime explainer of Black Lives Matter protests that was subsequently condemned as racist, and that it also outline its views on the matter and possible preventive measures.

【Related】Japan’s NHK apologizes for clip on US BLM protests after racism accusations
【Related】Black Lives Matter goes mainstream after Floyd’s death
【Related】Tennis star Naomi Osaka all-in on Black Lives Matter movement: Reuters

In their five-page letter to the NHK, the experts in U.S. studies describe the video as “including content that cannot be overlooked.” Among its 13 signatories are professor Fumiko Sakashita of Ritsumeikan University in Tokyo and professor Yasumasa Fujinaga of Japan Women’s University, also in the capital. The letter is addressed to the NHK president, as well as the heads of the international news division and the News Department. The writers say they will recruit supporters in both the U.S. and Japan.

The around 1-minute-20-second animated video that the letter discusses was originally shown on NHK news program “Kore de Wakatta! Sekai no Ima” (Now I Understand! The World Now) and shared on the broadcaster’s official Twitter account on June 7. It was intended as an explanation for the demonstrations that began in the U.S. after George Floyd, a black man, was killed by a white police officer kneeling on his neck. It features a muscular, vested black man shouting about economic inequality in the U.S., and makes no reference to the death of George Floyd at the hands of police.

The letter to NHK described the depiction of the man as stereotypical, saying, “He is given an excessively muscular appearance, and speaks in an emphatically coarse and violent way.” It added that in the U.S., “This stereotype has a history of being used to legitimize lynching of black people and the loss of their lives from police brutality.”

It also criticized the program itself for suggesting that one cause of violence by police toward black people is “a fear of black people,” and for offering a “completely insufficient” explanation of issues around “the historic background of police brutality, from slavery to the modern prison industrial complex.”

It then mentioned that by the time the NHK show was aired on June 7, rioting and looting had already waned, and that the mostly peaceful protests were also being joined by many white people. Referring to this, the writers said the content of both the program and the animated explainer were “not an accurate reflection of the current state of protests.”

The letter also says the program didn’t give enough consideration to anger toward systemic racism as one of the causes of the protests. It also puts forward questions as to why the content wasn’t checked internally and corrected.

On June 9, NHK apologized for the video, saying, “There was not enough consideration made at broadcast, and we apologize to those who have been offended by it.” The program was removed from its online streaming services, and the tweet sharing the video also deleted.

Regarding its response, the letter says NHK has not clearly elucidated what was problematic about the program, and criticized the broadcaster strongly for “trivializing the matter as a case of viewer interpretation.” It went on to ask that NHK clarify both its understanding on the issue and the events that led to the problematic content being broadcast and tweeted.

(Japanese original by Sumire Kunieda, Integrated Digital News Center)

黒人差別の解説動画「看過できない内容」 NHKに米国研究の学者らが検証求め る要望書
https://mainichi.jp/articles/20200612/k00/00m/040/247000c

黒人差別の解説動画「看過できない内容」 NHKに米国研究の学者らが検証求める要望書

NHKがニュース番組「これでわかった!世界のいま」などで発信した米国の抗議デモに関する解説について、日米の米国研究者が12日、「看過できない内容が含まれている」として、問題認識や経緯、再発防止策を明らかにするよう求める要望書をNHKに送付した。【國枝すみれ/統合デジタル取材センター】

要望書は全5ページ。坂下史子・立命館大教授や藤永康政・日本女子大教授ら日米の大学に所属する研究者13人が呼びかけ人となり、NHKの会長、国際部部長、報道局長宛てに送付した。今後、日米で賛同者を募るという。

要望書が問題としたのは、白人警官による黒人男性暴行死事件への米国の抗議デモについてNHKが解説した6月7日の放送内容と、公式ツイッターの発信内容。番組は、デモの背景を解説するアニメ動画を放映し、ツイッターにも同じ動画を投稿していた。

要望書はこの動画について、黒人が「過度に筋肉質な外見で、乱暴で粗野な言葉づかいが強調された男性」というステレオタイプで描かれているとし、米国では「これ…

(rest behind paywall).

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

NHK responded (full text available here in Japanese and here in Tokyo Weekender translation):

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

“We at NHK would like to sincerely apologize for a computer animation clip posted on our Twitter account. The clip was part of a segment in the program “Kore-de-wakatta Sekai-no-ima” broadcast on Sunday, June 7th. The 26-minute segment reported that the protests in the US were triggered by the death of George Floyd after he was pinned to the ground by a white police officer. It also reported the background on how many people are angered by the case, handling of the matter by the Trump administration and criticism against it, as well as division in American society. The one-minute-21-second clip aimed to show the hardships, such as economic disparity, that many African Americans in the US suffer. However, we have decided to take the clip offline after receiving criticism from viewers that it did not correctly express the realities of the problem. We regret lacking proper consideration in carrying the clip, and apologize to everyone who was offended.” 

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

DEBITO COMMENTS:  Apology not accepted.  As I said, this is well within history and character for Japanese media, and the fact that it appeared on NHK (on a children’s program, no less) makes it all the more mainstream.  It’s not even Embedded Racism.

I will note that the people that produced this anime are the same ones (in terms of inflammatory style, caricature, and even voice talent) that produced the racialized imagery used in landmark TV show “Koko Ga Hen Da Yo Nihonjin” some decades ago (which we also appeared in during the Otaru Onsens Case).  Witness this segment from February 28, 2001.

So in my view, for all NHK’s claims that it “lacked proper consideration”, I call BS.  They knew full well what these subcontracted segments are like.  That’s what that subcontractor has done for years.  They just expected that this would be for “domestic consumption only” and the Gaijin wouldn’t see it (because after all, “foreigners” don’t watch Japanese TV because Japanese is too hard a language for them to understand).  That’s also BS.  NHK (not to mention most of Japan’s other media) still hasn’t learned their lesson after all these decades.  Debito Arudou, Ph.D.
======================
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Info on Black Lives Matter demos in Japan in response to excessive police force towards a Kurdish Resident; also the backlash of right-wing Tokyo Katsushika-ku Assemblyman Suzuki Nobuyuki: “expel any foreign demonstrators”.

mytest

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Hi Blog.  As you know, following the George Floyd et al. killings by police in America, there is an international wave of condemnation towards institutionalized racism and brutality in law enforcement.  Japan is not exempt from this (in fact, institutionalized embedded racism is one of the reasons Debito.org exists, and the Japanese police are notorious for their normalized racial profiling), and a recent case (see Reuters article below) of a Kurdish man being assaulted by police during a traffic stop has made news.  Given this flashpoint, a Black Lives Matter movement of protecting minorities against state-sponsored unchecked violence has taken wing around Japan.  Please join in if you’re interested.  Information website here:

https://blacklivesmattertokyo.carrd.co/

More on what BLM Kansai has been doing is also at SNA here:

 

Bravo. Meanwhile, as SNA has pointed out, certain elements within Japan have a problem with any Non-Japanese trying claiming their rights in Japan even through peaceful public protest:  Veteran anti-foreign rightwinger Nobuyuki Suzuki, currently a Katsushika Ward assemblyman, demands that any foreigner who engages in a street protest should be tracked down by the police and expelled from the country. (MP)”

 

After all, according to the Suzukis of Japan, foreigners don’t belong here.  They aren’t kokumin, and because they are only here by permission of the government, by definition they should not protest; they should be just good little Guests or get out.  Japan for the Japanese.  You know the mantra.  Even though public demonstrations (for example, by NJ workers in labor unions) are perfectly legal, and have been going on for decades.

That’s why social movements should crest and clean these exclusionary bigots out of government.  And Debito.org will at least add its voice in support.  Debito Arudou, Ph.D.

Reuters article:

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REUTERS WORLD NEWS, JUNE 6, 2020
Kurdish case becomes rallying cry for Japan protest against police
By Mari Saito
https://www.reuters.com/article/us-minneapolis-police-protests-japan/kurdish-case-becomes-rallying-cry-for-japan-protest-against-police-idUSKBN23D0JG

PHOTO CAPTION: A demonstrator wearing a mask holds an ”Antifaschistische Aktion” flag during a protest march over the alleged police abuse of a Turkish man, in echoes of a Black Lives Matter protest, following the death of George Floyd who died in police custody in Minneapolis, in Tokyo, Japan June 6, 2020. 

TOKYO (Reuters) – The case of a Kurdish man who says he was stopped and shoved to the ground by Tokyo police became a rallying cry for protesters marching in solidarity with Black Lives Matter on Saturday.

Several hundred people chanting “I can’t breathe” to invoke the death of George Floyd in the United States marched through the trendy Shibuya district on a sultry afternoon, saying that police abuse – particularly against foreigners – was a problem at home as well.

“I feel very sad,” said Tomohiko Tsurumi, 43, who joined the march with his wife. “I always thought of this country as very safe and I realized that there is so much (police action) we cannot see.”

The 33-year-old Turkish man of Kurdish origin, who asked not to be named, told Reuters this week that he was stopped by police driving in downtown Tokyo on May 22 – three days before George Floyd died in Minneapolis when a police office knelt on his neck for nearly nine minutes.

When the man would not allow police to search his car, two officers shouted at him and shoved him to the ground, the man said. A friend in his car filmed part of the incident.

Police declined to comment, saying they have not made anything public about the incident.

The video, seen by Reuters, includes the officers yelling at him to sit and not make trouble. One of the officers can be seen kicking the man in the leg before making him crouch on the ground.

That officer can be seen with his arms around the man’s neck, telling him to be quiet.

“I couldn’t breathe. If my friend hadn’t been filming I don’t know what would have happened,” the man said, adding the encounter left him with bruises on his neck and back.

“This was in the middle of the day and I was on the way to my dentist,” said the man, who said he has lived in Japan for 15 years and was not at Saturday’s protest due to what organizers said was fear of being arrested. “That’s what’s so upsetting.”

The man filed an assault suit against the two officers with Tokyo prosecutors on May 27, said his lawyer, Yasuaki Nara.

An African man at the demonstration with a friend said their appearance got them more scrutiny from Japanese police.

“I feel what George Floyd was feeling,” he said, declining to give his name or his country of origin. “We feel what his family is feeling.”
ENDS

======================
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Online petition: Oppose Japan’s generic reentry ban on Foreign Residents even after essential travels since April 3, 2020

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Hi Blog.  I mentioned this petition in my previous post, but it was subsumed under the Dejima Award headline.  It deserves its own blog entry, so here it is.  Sign the petition.  I did.  Courtesy of TG.  Debito Arudou, Ph.D.

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From: Sven Kramer 
Date: June 3, 2020 
To: eajs-l@listserv.shuttle.de
Subject: EAJS-L: Online petition against Japan’s generic reentry ban on foreigners living in Japan even after essential travels that is in effect since April 3, 2020

Dear fellow EAJS members,

I hope this finds you well, and that you are getting through the current public health crisis well and healthy. I am Sven Kramer, a scholar of Japanese studies based in Japan. Today, I would like to focus your attention on a private initiative I have started: a Japanese-English bilingual online petition against the de facto complete generic denial of reentry to foreign residents of Japan (including permanent residents and eminent relatives of Japanese citizens). On April 3, 2020, the government of Japan has implemented an almost complete closure of her borders to foreign residents on valid long-term visas (only the “special permanent residents” are exempt), while every Japanese citizen regardless of actual residency is allowed in.

This regulation affects more than 2,000,000 foreign residents of Japan, who cannot reenter Japan for the foreseeable future even after traveling abroad for a very good reason (e.g. the death of a family member in the country of origin), and are thus in danger of using their livelihoods here. I anticipate that among those affected, a significant number should be scholars based at Japanese universities receiving this mailing list. According to my current knowledge, Japan is the only country on Earth with a liberal democratic constitution, that has implemented such a nonsensically discriminatory reentry restriction, which in my opinion cannot be justified even with the COVID-19 pandemic. This is a significant difference to the policy of India, which reportedly has implemented an entry ban on all people regardless of citizenship/nationality. Furthermore, we don’t need to get into deflections of about how dictatorial countries currently behave in this crisis.

I have watched the situation silently but with an uneasy feeling for almost two months, but after reading this article by „Tōyō Keizai Online“ that quotes some of the outrageous things going on behind the scenes without leading to any progress, I had enough. As a long-term foreign resident of Japan I could not keep silent any longer, so on May 28 I have started the following online petition at “change.org”: http://chng.it/GN9Wp2Sj

Why an open online petition? Because the Japanese government, and also other officialdom at other levels, just show ignorance when addressed directly.

I sincerely want to ask you for your support of this petition for the reasons stated in the bilingual text of the petition, especially if you are a Japanese citizen or an expat with his/her livelihood in Japan.

This is – as mentioned above – an entirely private initiative on my behalf as a long-term foreign resident of Japan with Japanese family. This is the reason why I did not do any statements referring to my current professional situation, neither in this letter, nor in the petition. Please understand. If you want to know more about my background, please feel free to ask me directly.

Here is a short summary of my request:
– Please sign, if you share my opinion that the government of Japan immediately should allow reentry of returning foreign residents of Japan under the same quarantine regulations that are applied to Japanese citizens.
– Please help me spreading the word, if you agree with me on this.

If a significant number of people sign (ideally at least some tens of thousands) I will try to get the petition to the Government of Japan.

Thank you very much!

Best regards,
Sven Kramer, PhD

P.S.: Further articles in English dealing with this topic:
Japan Times: https://www.japantimes.co.jp/news/2020/05/19/national/social-issues/japan-foreign-residents-stranded-abroad-coronavirus/ 
Japan Today: https://japantoday.com/category/quote-of-the-day/the-line-should-be-drawn-between-foreigners-on-short-stay-visas-and-those-who-stay-in-japan-based-on-other-statuses-of-residence.-those-whose-lives-are-based-in-japan-need-to-be-able-to-return

======================
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My SNA Visible Minorities col 10: “The Guestists and the Collaborators”, May 18, 2020, on how long-term NJ leverage their newfound privilege against other NJ Residents (e.g., Donald Keene, Tsurunen Marutei, and Oussouby Sacko)

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Hi Blog.  Here’s my Shingetsu News Agency monthly “Visible Minorities” column 10, talking about how some minorities in Japan sell out to authority as soon as they are granted any privilege.  I mention former Diet Member Tsurunen Marutei, Japan scholar Donald Keene, and Kyoto Seika University President Oussouby Sacko, and how they are now ironically perpetuating problems they once faced.  Full text now archived below. Debito Arudou, Ph.D.

(And if you haven’t subscribed for Japan’s last bastion of independent journalism in English at SNA, I strongly suggest you do. Fund Progressive Media that enables exposes like these.)  

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Visible Minorities: The Guestists and the Collaborators

http://shingetsunewsagency.com/2020/05/18/visible-minorities-the-guestists-and-the-collaborators/

SNA (Tokyo) — In a recent SNA Speakeasy on “Foreign Residents in the Coronavirus Era,” I argued that Non-Japanese (NJ) must band together and be vocal about claiming what’s due them as taxpayers. We shouldn’t wait for the government to deign to divvy out what it thinks foreigners want, as if it’s the omotenashi (hospitality) Japan offers any guest. Instead, NJ residents should be telling the government what they want, on their terms; trying to influence policy agendas that affect them by, for example, participating in local government forums and policy deliberation councils (shingikai).

People have been advocating this for years. Why isn’t it happening as often as it should? Because NJ (especially those in the English-language communities) collectively suffer from something I call “guestism”: falling for the fiction that they are merely “guests” in Japan subject to the whims of the Japanese “hosts.” Their mantra is “It’s their country, not mine. Who am I to tell them what to do?”

Still, eventually some NJ live here long enough, develop deep connections and language abilities, and even become Japanese citizens. Some transform into community leaders, prominent business owners and spokespeople, media mavens, and elected officials. They are definitely no longer “guests.”

But once they earn due respect and authority, another problem comes up: Many squander their position by becoming “collaborators.”

Instead of using their power for good, such as showing other NJ how to follow in their footsteps and to assimilate and enfranchise themselves, collaborators pull the ladder up behind them. They actively consort with the powers-that-be to preserve their privilege and to undermine other NJ Residents.

For example, consider Marutei Tsurunen, a Finland-born naturalized Japanese who in 2001 became the first caucasian elected to Japan’s national Diet. Despite more than a decade as a policymaker, Tsurunen strictly toed the party line regardless of how it affected NJ residents, and disavowed any NJ causes, in favor of “environmental issues.”

Even when fellow politicians made overtly racist statements about foreigners in Japan, Tsurunen refused to offer any counter-narrative. He even avoided Diet meetings with the United Nations on NJ discrimination and human rights. The last straw was when he voided his own citizenship status, calling himself a “foreigner” in a 2010 Japan Times interview, and advised NJ to accept their fate as permanent outsiders. Ultimately, after this self-gaijinizer figuratively promised to “change the color of his eyes” if he got reelected, Tsurunen lost his seat in 2013.

(Sources: 

Or consider the late scholar of Japanese literature Donald Keene. Congratulating himself on becoming a Japanese citizen, he announced that he was staying in Japan “in solidarity” with the Japanese people during the 2011 Great East Japan Earthquake (contrasting himself with the mythical fleeing foreign “flyjin”). He even sniped in a press conference, “As a Japanese, I swear not to commit any crimes” (pandering to the fictitious foreigner crime wave).

Despite public promises to help out with the Fukushima disaster, he instead took a leisurely ocean cruise, legally adopted his common-law husband as his son (which is how Japan’s LGBT communities establish inheritance ties), and eventually built his celebrated Donald Keene Center in a different prefecture. Yet to the very end he publicly portrayed himself as morally superior to the foreign riff-raff.

(Sources: 

Even today, collaborators pop up in the oddest places, as seen in the following case study of successful NJ activism.

Last month, a French resident of Kyoto reported to Debito.org about a comic book issued to grade-schoolers by Kyoto city. A primer on street safety, the manga portrayed the tribulations of local kids and their granny trying to navigate mannerly through the mean streets of Kyoto. NJ made an appearance—not as residents, but as physically-distinguishable Western and Asian “tourists” disturbing the peace by loitering, littering, and speaking loudly and incomprehensibly. And, for good measure, the frightened children are depicted as scared by the prospect of having to communicate to all “foreigners” in English.

The Kyoto resident and friends contacted the Kyoto city government, objected to the negative stereotyping and propaganda being officially distributed to their kids, and successfully got the comic withdrawn. Score one for the non-guestists.

Then we looked at who created the manga; it was the Kyoto International Manga Museum and Kyoto Seika University. Both organizations, if truly “international,” should have known better. Kyoto Seika University in particular has in its statement of principles a “respect for humanity… and dignity… recognizing diverse points of view… and promoting diversity… where no individual member will be denied opportunity, be excluded, or experience discrimination.”

That statement is undersigned by Dr. Oussouby Sacko, a Mali-born Japanese citizen who became Kyoto Seika University’s president in 2018 with great fanfare. He was even featured in the New York Times in one of their “Japan is changing” articles.

So how does producing a comic book that alienates “foreigners” square with Kyoto Seika University’s mission? We’re not sure, because Sacko has not responded to inquiries.

However, we do know that Sacko has an odd view of how racism works. In his NYT feature, he claimed that he has never experienced racism in Japan—just of being “treated differently simply because he does not look Japanese.” To him, differential treatment by physical appearance doesn’t qualify as racism because “it’s not because you’re black.” Complementing his Kyoto University degrees in engineering and architecture, Sacko should undergo some social science training in modern studies of racialization processes.

Furthermore, Sacko conducts flawed social science research. In a 2019 plenary session at the Japan Association for Language Teaching, he gave high-profile talks on educational leadership and the “necessity of collaboration between Japanese and foreign teachers to cope with the needs of more open and global education… for teaching, learning, and leading within the Japanese context.”

Yet, as attendees noted, much of his expert advice on the Japanese context was oblivious to “Japanese” managerial processes, including his vague goal-setting processes that threw his administration into turmoil. Moreover, he couldn’t recognize his own privilege as he offered a charming vignette about holding weekly parties in the lobby of his apartment complex, despite the subtle Kyotoesque protests from his neighbors.

After watching a few of Sacko’s television appearances, it’s pretty obvious what’s going on. Instead of creating alternative narratives that push the envelope for fellow residents of diversity, he serves up personal charm, charisma, and clownery. He seems just fine with being a token gaijin, capitalizing on his respected position in Japanese society, while saying nothing about his university creating a racist manga for grade schoolers. At Kyoto Seika University, it seems he’s just a mascot.

These are some of the minorities granted positions of power in Japan—in it for themselves, oblivious to the problems they perpetuate for others. It seems the more visible these minorities become, the more likely they will forget what they went through to get where they are. Again, they pull the ladder up behind them.

No wonder Japan’s “visible minorities” have so much trouble making inroads against discrimination in Japan. They often become their own worst enemies.

ENDS

======================
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UPDATE: Kyoto City manga denigrating “foreigners”, produced by Kyoto Seika University, has naturalized African-Japanese citizen Dr. Oussouby Sacko as University President!

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Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  A little over a week ago, Debito.org issued a report from a Kyoto NJ Resident who protested an official comic book, issued by the City of Kyoto to local grade schoolers, depicting NJ only as noisy English-speaking tourists, litterers, and loiterers.  And how local residents managed to get Kyoto City to remove that comic with a phone call of protest.

(Even that blog post had an impact:  It smoked out a Gaijin Handler who tried to blame us as a foreign “troublemaking demographic” wasting Japan’s money.)

That’s fine.  The irony here was that the people who developed this comic were Kyoto Seika University and the Kyoto International Manga Museum — “international” places you think would know better than to encourage prejudice.

Well, I’m not sure why this didn’t dawn on me sooner, but as pointed out on FB, Kyoto Seika University just happens to have a naturalized Malian-Japanese named Dr. Oussouby Sacko as its President (see Debito.org posts on him here and here).

I wonder if he was aware of this project, and if he would have anything to say about it now?

Given Dr. Sacko’s flawed social science training regarding how racism works, and his apparent obliviousness about his own privilege in Japan, I’m not so sure.

(Dr. Sacko’s only apparent public contact is at ksuinted@kyoto-seika.ac.jp.  His Twitter, however, is https://twitter.com/oussouby.)

Anyway, here is Kyoto Seika University’s statement of principles, undersigned by the man himself.  How does this square with being involved in encouraging prejudice in Japan’s grade-schoolers?  Debito Arudou, Ph.D.

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http://www.kyoto-seika.ac.jp/int/en/about/

Leadership

Hello, everyone. I am Oussouby Sacko, the president of Kyoto Seika University. Our school was founded 50 years ago on “the principles of respect for humanity” and “the spirit of freedom and autonomy.” The school began as a place for people to study together, recognizing diverse points of view and overcoming differences in nationality, region, ethnicity, sex, and religion. I myself – as someone hailing from West Africa – became teaching staff at this university in solidarity with this ideal. What we aim for here is the cultivation of people who exercise their individuality to create things that have never been seen before, and can find a way to connect those things to society. In doing so, our society will change for the better. Despite living in an era overflowing with crises, we are able to see a brighter future. The freedom obtained at our school will prove to be a great strength for you as you continue your lives. Kyoto Seika University is excited to discover what you – and no one else – has to offer.

President’s Statement on Diversity

Kyoto Seika University, committed to it’s founding principle of “freedom and autonomy” and to the ideal of “respect for human dignity” based on the Universal Declaration of Human Rights, aims to be an academic community in which all members, including students, faculty and staff, can learn and grow through embracing one another’s differences. To this end, we aim to promote diversity, which we understand to be an evolving set of practices and policies that encourage “mutual acceptance and understanding among individuals of different backgrounds and attributes in an educational community where all have equal access to opportunity.”

Each of us has multiple attributes, some easily noticed (such as age, race, gender, physical characteristics including sexual difference) and some less easily recognized (such as nationality, religious affiliation, family background, place of birth, style of working, gender identity or sexual preference). Openly acknowledging our individual differences, we aim to create a campus environment where no individual member will be denied opportunity, be excluded, or experience discrimination, and to implement inclusive policies that ensure equal opportunity for all members of the academic community as they learn, study, conduct research and work.

At Kyoto Seika University, the promotion of diversity does not simply refer to organizational development or reform. Through continually providing opportunities to experience diversity in all areas of campus life, we aim to foster awareness of our connections to others. In the process of coming to understand our differences, new values are encountered and we learn “to imagine the other”; this leads to new discoveries and ways of thinking that will enhance learning and creativity in the entire community. For these reasons, we reaffirm our commitment to the promotion of diversity and to the creation of new values at a time when we face many uncertainties in our rapidly changing world.

Oussouby SACKO
======================
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Kyoto Nakagyou-ku issues comic book on local street safety to grade schoolers, created by Kyoto Seika Univ & Kyoto International Manga Museum, portraying “foreigners” as unintelligible ill-mannered tourists!

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Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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////////////////////////////////

Hi Blog. As I recently said in an interview with the Shingetsu News Agency, people who live in Japan (including NJ Residents) have to speak up if they feel they are being unfairly treated or depicted in public.  And they do, sometimes with success.

Consider the case of RJO below, who writes that he saw a Kyoto Government comic book (ironically, scripted and edited by Kyoto Seika University, in conjunction with the Kyoto International Manga Museum! ) issued to local grade-school children about traffic safety (a concern in Kyoto for commuting kids). Amidst other concerns, the booklet veered off on a tangent to target and alienate “foreigners” (not to mention Visible Minorities) as loud, ill-mannered loiterers and litterers.

That’s the NJ Community’s only appearance in the comic — as guests (not Residents).  Of course, according to eyewitness reports (and personal experience), this is in spite of ill-mannered loud littering Japanese around Kyoto as well.  (Those kind of manners, you see, are exogenous to Japan.  Even an elementary school student knows that.  Now!)

The good news is that RJO and a friend took this up on Facebook, then directly with the City Government. Within hours the downloadable link to this booklet disappeared!

Turning the keyboard over to RJO now to tell his story. Good job, you two. Again, if you live here as a Resident, you have to make yourself known as one sometimes. Demand non-differential treatment. And definitely demand not to be alienated in a primary school setting! Debito Arudou Ph.D.

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To: debito@debito.org
From: RJO
Date: April 26, 2020

Dear Debito, I am a French national living in Kyoto, Japan for 12 years now. I have a Japanese wife and two daughters.

My older daughter is studying at Kyoto International French School (LFIK), but she is allowed to attend classes at our local elementary school, one of the few in Kyoto where the head of school accepts students from international schools during the holidays.

We did not attend the school’s “nyûgakushi” (annual opening ceremonies), but managed to meet the teacher and grab some documents.

I noticed later, at home, that they had given us a booklet about “street safety”. The reason why is because downtown Kyoto is not very safe for children. No sidewalk, narrow streets, “nagara unten” from both cars and cycles, tobacco, etc…

[“Taking Back the Streets: A city where people can enjoy walking” produced by the Kyoto City “Nakagyou-ku Traffic Problems Project Meeting” Issued March 2020. Publisher details follow.  Click to expand in browser.]

Scripted and edited by the Kyoto Seika University (Kyoto International Manga Museum Jigyou Sokushin Shitsu)

Anyway, I started reading it, and found a depiction of Non-Japanese tourists, namely how they loiter and throw rubbish around. The young Japanese protagonists of the manga are all distressed, and go “Oh, such bad manners. I wish I could tell them something in English.”

[Right side bottom left quadrant shows racialized people making loud “Wai” noises.  The girl below says, “Boy, there are a lot of tourists here!”  The grandmother agrees.  Then the top left has unintelligible foreigners that are commented on for eating while walking, then throwing their garbage down a drain to the kids’ immense shock.  Just before the kids almost get hit by a car, they say, “What awful manners.  What would I say to them to caution them?” “Uh… in English!?  Uh, I dunno.  As you said, in English, where to start?”  Translations by Debito. Click to expand in browser.  The entire booklet can be read here as a PDF: Toori-no-fukken]

And I’m like, “What!?”

The thing is, “ill-mannered foreign tourists” are often in the news and in public communications. But actually I see lots more “local” people with bad manners everyday, and I tell them directly: “Koko wa tabako dame desu yo”, “Nagara unten yamete kudasai”, etc. I’m brave, I don’t care, and I show my daughter that you have to stand up for yourself.

So the authorities have made a booklet about street safety in Kyoto, a very relevant issue, but the only time Non-Japanese people appear in it, they are depicted as having bad manners.

Again, what’s the booklet about? Street safety.

If they want to bring in Non-Japanese people for some reason, they should show all kind of Non-Japanese people, not just the ill-mannered, loitering people. Or not just focus on the bad manners of “foreigners”. It’s a very bad association.

Plus, remember that this booklet is handed out to elementary school children. So they’ll see that depiction, the frustration of the child protagonist, and how “English-speaking people” don’t respect the rules and stuff.

Mixed-roots children (like my daughter) are part of Japanese society. They go to elementary school like everybody else. Some of them speak English, but not all do.

When my daughter used to go to a Japanese kindergarten (before the French school), I was often greeted by groups of kids shouting “Eigo no hito da!” while pointing their finger at me.

It was unsettling. I let their teachers know that, but they just said, “They’re kids, they don’t know any better.” So I said, “I know, it’s your job to teach them. I’ll be happy if they just say ‘konnichiwa’, like they do with everyone else.” (It worked, in the end.)

The street safety booklet reminded me of that, and I put a few pictures of it up on FB with English and Japanese comments.

A Japanese FB friend with English ancestry named Mariko picked up on it immediately, shared it with others, and called the City Office.

The City Office actually took everything off their website the next day (the booklet was downloadable) and promised to recall the booklet.

[Here’s the original link, and a screen capture of how it appeared on Facebook:]

https://www.city.kyoto.lg.jp/digitalbook/page/0000000899.html 

It had just been published in March. They had just started giving it out and showing it in a few places.

I feel bad for the street safety campaign, but I’m happy with the result. We (Non-Japanese) are not outsiders, strangers, or just “ill-mannered tourists”. We live here. We understand Japanese. We also have to stand up for our kids.

Mariko made a good example of that. She wrote later on FB how her own kids were next to her the whole time she tried to reach the City hall. She said, “They need to see how we can defend ourselves. A phone call can change things.” She’s active against all kind of injustices.

I also believe in action. I sent letters to Combini chains to ask them to remove ashtrays close to my daughter’s kindergarten. I called the City services to urge them to put “no tobacco” signs in public parks where kids go. When I ride my daughter to school, we frequently have troubles with taxi drivers that break the speed limit or ignore the stop signs. I take picture of their plate and contact their company. I also go to the kôban to ask them to patrol the streets where such incidents happen frequently. That kind of thing. It’s not much, but I often get positive results.

I believe that many people, Japanese and Non-Japanese alike, feel the same about all of these issues (from street safety and tobacco control to racial discrimination), but they don’t think they can make a change. I think they can, we can.

Thank you Debito for your advice, and for sharing the story. Sincerely, RJO.

======================
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Senaiho “Hair Police” School Bullying Case Update 4: Civil lawsuit launched against school bullies, gaining traction with other international couples

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Hi Blog.  Here’s the latest update from NJ resident Senaiho (previous updates three, two, and one here), whose daughter was not only bullied by school peers, but also had her hair forcibly cut by schoolteachers in public, causing her so much PTSD that she dropped out of school.  This is yet another incident of Japan’s institutionalized school bullying of children of color that Debito.org has long called “the Hair Police“. Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)

The difference now is that Senaiho has launched an actual civil court case.  Over more than a year now Senaiho has tried other channels, such as taking it before school authorities and asking for criminal investigations, and all they have gotten is stonewalling and official coverup.  So now he’s suing the bullies themselves.  Let’s see what precedent this is going to set.  Given that others are now standing up against insanely intrusive Japanese school conformity rules (“burakku kousoku”, including warmer clothes in winter, freedom of assembly or travel, and even the color of their underwear!), this may be a landmark case.  Meanwhile, Senaiho offers an update with a newspaper clip below.

Well done, Senaiho. Stay the course!  Debito Arudou Ph.D.

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

From: Senaiho
Subject: Brief update
Date: February 7, 2020
To: debito@debito.org

Hello Debito,
Included is an attachment from the Yamanashi Nichi Nichi Shinbun 2/5/2020 shot of an article that just gives an announcement of our case in the court, so I won’t bother to translate it all. It does state that the parents of the bullying perpetrators say in documents filed in the suit, that they think bringing awareness of N.J. and prejudice/bullying of these people should be the job of the schools, not theirs as parents. I think the school will argue that is the job of the parents, and not the schools. Passing the buck.

What I can say in addition to the article is that while we have a mountain of documents that the school and city officials provided according to the freedom of information request we made, there are glaring gaps in these documents — so much extensive redaction made that they become almost worthless. What we hope to do through this suit is use the power of the court to force the school officials and city office to provide us with complete files of information regarding us. This should include the names of the co-conspirators that engaged in the bullying, who hopefully can be brought into this suit at a later date.

There is also the option of reopening the criminal case with the prosecutors office if we find additional evidence. We have three years to do this.

We have also been contacted by several people from various parts of the country asking for advice on what they should do in their own bullying/futokou cases. Our impression is that children of international and mixed marriage couples suffer disproportionately at the hands of bullies, and school officials which is no surprise to you I am sure, but they also tend to suffer more because of a lack of support and isolation in getting information they need. There is also a great variety of policies that various school systems have around the country which makes it more confusing.

Thanks again for everything. Sincerely, Senaiho

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

The article:


======================
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“Gaikokujin Shimin”: Kawaguchi City Mayor Okunoki (kinda) answers a query about the racialized application of this term that officially makes Japanese into “foreigners” (UPDATED)

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Hi Blog. As we’ve talked at length before (it even topped my annual JT Top Ten Human Rights Issues for 2019), city governments have been using a racialized definition of local residents, namely “Gaikokujin Shimin“, that officially classifies even naturalized Japanese citizens, Japanese children with foreign roots, or anyone with connections to a foreign land as “foreigners”. Submitter ABC below offers a letter sent to the Kawaguchi City Government asking for clarification of the uses and effects of this official term. Thankfully, Kawaguchi City Mayor Okunoki Nobuo answered Submitter ABC.  I enclose the query, Okunoki’s answer, and my attempt at a translation of the answer, below.

I’ll comment on the contents afterwards.

SUBMITTER ABC’S LETTER (reproduced here with permission):
//////////////////////////////////
From: ABC
Subject: A letter to and response from Kawaguchi mayor Okunoki
Date: January 30, 2020
To: Debito Arudou <debito@debito.org>
Hi Debito,

I wrote some posts in the comments section for “The annual Top Ten for 2019 of human rights issues as they affected NJ residents in Japan” upon seeing that the article mentioned Kawaguchi as using 外国人市民 like other municipalities. As a resident, this didn’t sit well with me and I wrote a letter to the mayor. I received a response today so I’d like to share what I sent (via snail mail) and what I received.

I’ve redacted certain sections and text for privacy reasons.
Sincerely, ABC

PDF: Letter to Mayor Okunoki 0113 redact (click on link to download)
//////////////////////////////////

MAYOR OKUNOKI’S ANSWER (click to expand in browser):

TRANSLATION BY DEBITO (WITH CORRECTIONS COURTESY OF DEBITO.ORG READER LOVERLAKKUMA IN THE COMMENT SECTION)
================================
(Basic official opening greeting)
Thank you very much for sending your opinion as a Letter to the Mayor. I will answer your questions below.

First, why does the “Kawaguchi City Vision for Coexistence with Multiculturalism” have the definition of “Gaikokujin Shimin: Not only foreigners who are local residents, but also includes residents who have taken Japanese citizenship, and residents who have cultural backgrounds in foreign countries”? It has that definition because even if someone has naturalized and taken Japanese citizenship, it is assumed (soutei) that they might still require some assistance in regards to multicultural coexistence.  Please understand that this doesn’t mean our city has any intention of forcefully framing (gouin ni minasu) people who have taken Japanese citizenship as foreigners.

Second, why did the “Kawaguchi City Vision for Coexistence with Multiculturalism Ver. 2.0” delete that definition? While we were promoting multicultural coexistence based upon our “Revised Kawaguchi City Aims for Coexistence with Multiculturalism”, we were formulating our “Kawaguchi City Vision for Coexistence with Multiculturalism Ver. 2.0”. This does not mean that we revised the definition, but rather that we came to the conclusion (toraeta) that our efforts to support foreign residents — including naturalized people — had progressed enough (tsuchikawareta) to gain public understanding for those who may need support, so there was no need for further clarification of that definition.

For the third question “Under what concepts and framings is the city taking the initiatives toward foreign residents living in Kawaguchi City (short-term and/or long-term)?”:  We are engaging in promotion of our multicultural co-existence by reframing the previous concept of “foreign residents,” from “recipients of support” (shien no taisho) to “providers of support” (shien suru gawa) in the “The Kawaguchi City’s Vision for Multicultural Co-existence Ver 2.0.”.  This extols (utau) the vision of a city where people can participate positively in city planning (machi zukuri).

Fourth, how is Kawaguchi City envisioning the future for foreigners (and the descendants of children of international marriages)? Our city presumes that in future the number of foreigners will continue to increase. We want these people to serve as leaders in local community for any public need such as fire drills. We are seeking our goal by incorporating foreign perspectives, regardless of nationality, for the successful building community that all residents in our city can live peacefully and securely. We look forward to your understanding and cooperation.

January 29, 2020. OKUNOKI Nobuo, Kawaguchi City Mayor

PS: The people in charge of this matter are in the Cooperative Promotional Section of the city government. Yoroshiku.

ENDS
================================

COMMENT FROM DEBITO:

Y’know, I think Mayor Okunuki has his heart in the right place.  I think he’s genuinely trying to assist people of diversity live peaceful lives in his district like any other person.

However, any discussion of how problematic it is to use the term “Gaikokujin Shimin“, i.e., grouping together people as “foreigners” regardless of nationality or legal status (based upon an explicit presumption that some people who have taken the trouble to naturalize still want to be treated as foreign), has been obscured in pat Bureaucratic Japanese sloganeering.

All this talk linking “multicultural coexistence” to “machi zukuri” (as if it wouldn’t happen anyway without the need to officially differentiate between people by assumed “foreignness”) doesn’t progress beyond the “sekkyokuteki” boilerplate, or the mutual-appreciation society of “let’s be nice to foreigners” that still manages to offset people with any foreign connections as somehow “different” and “worthy of special attention”.  It’s as if Neanderthals still exist, and we’re still pondering policy on to integrate them into our Real-Human community.

Calling them “Gaikokujin Shimin” doesn’t help.  It’s precisely the problem, actually, as the tool of offsetting.  And just saying that the “definition has no forceful intent to presume that naturalized citizens etc. are foreigners” doesn’t make it so.

In sum, I think this is one of the best examples in favor of the Sapir-Whorf Hypothesis, about how language and the very words we use constrict cognition and world views.  The fact that Japanese bureaucrats cannot under any circumstances step out of their linguistic bubbles, and consider what it’s like as a minority in Japan dealing with the embedded racism of Japanese policymaking, is demonstrated very well here.   Debito Arudou, Ph.D.

======================
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My Japan Times JBC 118: “Remain calm when stopped by the police”, on what to do if stopped by Japanese police for an Instant ID Checkpoint, Jan 20, 2020

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Hi Blog.  I’ve written about this many times before, but the JT commissioned me to write up this quick sidebar to a separate article about Japan police racial profiling on a NJ student of color (who has been cited on Debito.org before).

I’ve come to the conclusion that there is no failsafe method that will work in all situations, given the enormous power of policing agencies in Japan.  However, submitting to unlawful and racialized enforcement of the law is not something Debito.org can abide.  So here goes.  Debito Arudou, Ph.D.

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

ISSUES | JUST BE CAUSE
Remain calm when stopped by the police in Japan
BY DEBITO ARUDOU, CONTRIBUTING WRITER, JAN 20, 2020
Courtesy https://www.japantimes.co.jp/community/2020/01/20/issues/remain-calm-when-stopped-police-japan/
justbecauseicon.jpg

Visible minorities in Japan are in a tough spot in a country where the police have a lot of arbitrary power and few enforceable checks (as we’ve been witnessing recently with the Carlos Ghosn case). As a result, we are facing two decades of police-promoted narratives of “the foreigner” as a visa overstayer and criminal.

What follows is my advice on what to do if you face a sudden ID check on the street — that is, assuming you don’t want to simply surrender your zairyū kādo (residence card) and eventually get on with your day. This is just a brief outline, you can find more details online at debito.org/whattodoif.html.

  1. Ask why you are being stopped: Ask if this is a “shokumu shitsumon” (police questioning of personal details). If yes, the law requires probable cause that a crime has been or is about to be committed, and the display of POLICE ID upon your request. If it is not, ask if you may leave.
  2. Ask to see their ID: “Sumimasen. Keisatsu techō o misete kudasai” will do. Write it down and/or take a picture of it. This will no doubt agitate, but without this record there is no personal accountability.
  3. Use your phone (or ask a friend) to start recording: You do not need consent and, even if done surreptitiously, a recording is admissible in court. They will tell you to put the phone away, but at least leave the audio on. No recording may result in a “he-said, she-said” outcome and nobody is likely to believe your side. It may also preemptively temper the cops’ behavior somewhat, but there’s no guarantee it won’t go the other way.
  4. Ask if compliance is optional (nin’i desu ka): If they ask to go through your backpack, pockets and wallet, you have the option to refuse the search without a warrant (reijō). Try: “Reijō ga nakereba, kekkō desu.” (“Without a warrant, no thank you.”)
  5. Above all, remain calm and polite, and never raise your voice: That can be difficult when surrounded by a phalanx of suspicious cops. But, as in other societies, the threshold of “resisting arrest” in Japan is arbitrary, and a judge will take the police officer’s word over yours in custody.

Arm yourself with the requisite vocabulary. Demonstrating some fluency with your statutory rights will also act as a natural check on abuses. Cops around the world take advantage of the ignorance of their targets, so if you come off as informed and confident, things might go smoother.

There’s no surefire means of getting out of an ID check (except perhaps getting your own personal chief of police to vouch for you except perhaps getting your own personal chief of police to vouch for you), but doing a few of these things might help you feel less powerless afterward. Good luck.

ENDS

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