Japan Times JBC column 107: “Time to act on insights from landmark survey of Japan’s foreign residents” Apr 26, 2017

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Hi Blog. My next Japan Times Just Be Cause column has just come out. Here’s the opening:

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TIME TO ACT ON INSIGHTS FROM LANDMARK SURVEY OF JAPAN’S FOREIGN RESIDENTS

The Japan Times, JUST BE CAUSE Column 107, Thursday April 27, 2017, by Debito Arudou

As promised, in March the Justice Ministry released the results of a survey on Japan’s foreign residents (gaikokujin juumin chousa), conducted last year (see “Government, Survey Thyself,” JBC Mar. 5). Compiled by the “Center for Human Rights Education and Training” public-interest foundation (www.jinken.or.jp), it surveyed the types and degrees of discrimination that foreigners face here. (The report in Japanese is at http://www.moj.go.jp/content/001221782.pdf.)

And as promised, here’s JBC’s synopsis of those results:

The report opens with a statement of purpose, talking about the pressures to “live together” (kyousei) with foreigners due to internationalization and globalization, not to mention the upcoming 2020 Tokyo Olympics. Record numbers of foreigners are crossing Japan’s borders, bringing with them different languages and customs, and “so-called” hate speech demos are also causing “numerous human rights problems.” So to lay the groundwork for human rights protections for foreigners, this survey would grasp the issues directly facing foreigners “staying” (zairyuu) in Japan…
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Read the rest in the Japan Times at http://www.japantimes.co.jp/community/2017/04/26/issues/time-act-insights-landmark-survey-japans-foreign-residents/.

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

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Unprecedented Ministry of Justice survey of NJ discrimination results out, officially quantifies significantly high rates of unequal treatment

mytest

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Hi Blog. As promised, the Ministry of Justice’s official survey on discrimination against foreigners (alas, not “racial discrimination”) came out late last month. Debito.org first reported on this survey some months ago, received primary-source information on it from a Debito.org Reader, and then did a Japan Times column on it. Now the results are out, and they have officialized the levels of discrimination against NJ residents nationwide. I’ll refrain from comment at the moment (Debito.org Readers, please feel free to take up the slack), but for the record, the entire report from the MOJ is here (courtesy of TH). Thanks everyone for all the articles, and for your patience in my getting to this. Dr. Debito Arudou

REFERENTIAL ARTICLES:
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30% of foreigners living in Japan claim discrimination: gov’t survey
http://mainichi.jp/english/articles/20170331/p2a/00m/0na/016000c
March 31, 2017 (Mainichi Japan), courtesy of JK

Some 29.8 percent of foreign residents of Japan have experienced discrimination in the past five years, according to Justice Ministry survey results released on March 31.

The survey was conducted in November and December last year on 18,500 mid-to-long-term foreign residents aged 18 or over, including ethnic Koreans with special permanent resident status. Responses were received from 4,252 people.

The survey was carried out with the cooperation of 37 municipal governments, including those of Tokyo’s Minato Ward and the cities of Sapporo, Yokohama, Nagoya, Osaka and Fukuoka. By nation of origin, the greatest number of respondents was from China, at 1,382 people, or 32.5 percent, followed by South Korea at 941 people, or 22.1 percent, and the Philippines, at 285 people, or 6.7 percent.

Of the respondents, 1,269 said they had been the target of discriminatory language. Some 53.3 percent of these respondents, or 676 people, said the offender had been “a stranger.”

In the last five years, 2,044 of the respondents, or 48.1 percent, had looked for a home, and 804, or 39.3 percent, had the experience of being denied a lease because they were a foreigner.

Regarding their exposure to hate speech, 1,826 people, or 42.9 percent of the respondents, said they had seen or heard reports about hate speech demonstrations targeting particular races or ethnic groups through media such as television, newspaper or magazines. Some 1,416, or 33.3 percent, said they had seen reports on hate speech on the internet.

Legal affairs bureaus around the nation have sections where people can seek help regarding human rights issues, but at least 80 percent of survey respondents did not know this. A Justice Ministry representative said, “We want to consider methods to spread awareness of help centers and make them easy for foreign residents to use.”

The survey was the central government’s first ever into discrimination against foreigners. The Justice Ministry plans to examine the results and apply them to its human rights policies.

Japanese version

国内居住外国人
差別発言「受けた」3割 入居拒否も4割 法務省調査
http://mainichi.jp/articles/20170331/dde/041/040/067000c?ck=1
毎日新聞 2017年3月31日 東京夕刊

法務省は31日、国内に住む外国人を対象にした差別に関する実態調査の結果を公表した。過去5年間に日本で外国人を理由に侮辱されるなどの差別的な発言を受けた経験のある人は全体の29・8%。また、日本で住居を探した経験のある人のうち、外国人を理由に入居を断られた経験がある人は39・3%だった。外国人差別の国の実態調査は初めて。同省は結果を分析し、人権政策に反映させる。【鈴木一生】

調査は昨年11~12月、18歳以上の中長期の在留資格を持つ外国人や在日韓国・朝鮮人などの特別永住者ら1万8500人を対象とし、4252人が回答した。

東京都港区、札幌市、横浜市、名古屋市、大阪市、福岡市など全国37自治体と協力して実施。回答者の国籍・出身地域別は最多が中国32・5%(1382人)で、韓国22・1%(941人)、フィリピン6・7%(285人)と続いた。

差別的な発言を受けたと回答した外国人は1269人。「誰から言われたか」(複数回答)では「見知らぬ人」が53・3%(676人)で最も多かった。過去5年間に日本で住む家を探した経験のある人は全体の48・1%(2044人)で、外国人を理由に入居を断られた経験のある人は804人だった。

特定の人種や民族などへの憎悪をあおるヘイトスピーチを伴うデモを見聞きした経験については「テレビ、新聞、雑誌などのメディアを通じて見聞きした」と回答した人が42・9%(1826人)、「インターネットで見た」とした人が33・3%(1416人)だった。

全国の法務局・地方法務局には人権に関する相談窓口が設けられているが、知らない人が全体の8割以上を占めていた。法務省の担当者は「身近にある相談窓口の周知や、外国人の住民に気軽に利用してもらう方法を検討したい」と話している。
ENDS
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外国人の4割が入居拒否を経験 法務省調査
東京新聞 2017年3月31日 夕刊 courtesy of TH
http://www.tokyo-np.co.jp/article/politics/list/201703/CK2017033102000259.html

法務省は三十一日、日本に住む外国人を対象に初めて実施した差別や偏見に関する調査の結果を公表した。過去五年間に日本で住居を探した二千四十四人のうち、外国人であることや、日本人の保証人がいないことを理由に入居を断られた経験がある人は、それぞれ約四割だった。物件に「外国人お断り」と書かれているのを見て諦めた人も約27%いた。
日本で仕事を探したり働いたりしたことがある二千七百八十八人のうち、外国人であることを理由に就職を断られた経験がある人は25%。このうち日本語での会話ができない人はほとんどいなかった。同じ仕事をしているのに日本人より賃金が低かったと回答した人は約20%だった。
調査対象は十八歳以上の一万八千五百人で、四千二百五十二人が回答した。
全体の約30%が差別的なことを言われた経験があり、ヘイトスピーチを見たり聞いたりした四千八十五人のうち約80%は「不快」「許せない」など否定的な感情を持った。
一方、差別を受けたときにどこかに相談したことがある人は全体の約11%。法務局の人権相談窓口を知っている人も約12%にとどまった。
法務省は二〇二〇年東京五輪・パラリンピックを控えて日本に入国する外国人が増える中、人権侵害などの実態を把握する必要があると判断。公益財団法人「人権教育啓発推進センター」に調査を委託した。
調査は一六年十一月十四日~十二月五日、全国の三十七市区を対象に一市区当たり五百人を無作為に抽出して実施。国籍・出身地域別では中国と韓国で過半数を占め、フィリピン、ブラジル、ベトナムと続いた。
ENDS
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About 40% of foreigners seeking housing in Japan turned away: survey
TOKYO, March 31, 2017, Kyodo News, courtesy of TH
http://english.kyodonews.jp/news/2017/03/466425.html

About 40 percent of foreigners have experienced being turned down when looking for a place to live in Japan because they were not Japanese, the results of a Justice Ministry survey showed Friday.

Of the 2,044 respondents who said they had tried to find residential accommodation in Japan in the past five years, 40 percent said they had been rebuffed in their efforts because they were foreigners.

Around 27 percent said they had given up on a property after seeing a notice saying foreigners are not accepted.

The ministry conducted its first-ever survey to identify the forms of discrimination faced by foreigners in Japan in the run-up to the 2020 Olympic Games in Tokyo. It randomly selected 500 foreigners aged 18 and older in each of 37 municipalities across Japan and 4,252 responded from among the 18,500 people surveyed. Multiple answers were allowed in the survey.

Chinese and South Korean nationals comprised more than half the survey participants, followed by Filipinos, Brazilians and Vietnamese.

Among 2,788 people who have either job-hunted or have worked in Japan, 25 percent said they were refused work for being a foreign national and about 20 percent said their wages were lower than Japanese employees engaged in the same work, even though most of the respondents were able to have a conversation in Japanese, the survey added.

In the survey, conducted between mid-November and early December last year, around 30 percent of all the respondents said they had been subjected to discriminatory remarks, while around 80 percent of 4,085 people who said they have either witnessed or heard hate speech developed negative feelings such as “discomfort” or “intolerance.”

Meanwhile, only around 11 percent of the total respondents said they had sought advice from an institution when faced with discrimination while only about 12 percent said they knew of consultation services offered at the Justice Ministry’s legal affairs bureaus across Japan.
ENDS

And finally, The Japan Times’s take, complete with self-hating foreigner comments beneath, as usual:

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Japan’s foreign residents offer up insights in unprecedented survey on discrimination
BY TOMOHIRO OSAKI, STAFF WRITER, THE JAPAN TIMES, MAR 31, 2017
http://www.japantimes.co.jp/news/2017/03/31/national/japans-foreign-residents-sound-off-in-unprecedented-survey-on-discrimination/

Rent application denials, Japanese-only recruitment and racist taunts are among the most rampant forms of discrimination faced by foreign residents in Japan, according to the results of the country’s first nationwide survey on the issue, released Friday.

The unprecedented survey of 18,500 expats of varying nationalities at the end of last year paints a comprehensive picture of deeply rooted discrimination in Japan as the nation struggles to acclimate to a recent surge in foreign residents and braces for an even greater surge in tourists in the lead-up to the 2020 Tokyo Olympics.

It also represents the latest in a series of fledgling steps taken by Japan to curb racism, following last year’s first-ever video analysis by the Justice Ministry of anti-Korea demonstrations and the enactment of a law to eradicate hate speech.

In carrying out the survey, the Justice Ministry commissioned the Center for Human Rights Education and Training, a public foundation, to mail questionnaires to non-Japanese residents in 37 municipalities nationwide. Of the 18,500, 4,252 men and women, or 23.0 percent, provided valid responses. Nationalities included Chinese, South Koreans, Filipinos, Brazilians, Vietnamese and Americans.

The study found that 39.3 percent of 2,044 respondents who applied to rent apartments over the past five years got dismissed because they are not Japanese.

In addition, 41.2 percent said they were turned down because they couldn’t secure a Japanese guarantor, while 26.8 percent said they quit their pursuit of a new domicile after being discouraged by a “Japanese-only” prerequisite.

Workplace discrimination appears rife, too.

Of the 4,252 respondents, 2,788 said they had either worked or sought employment in Japan over the past five years. Of them, 25.0 percent said they had experienced being brushed off by potential employers because they are non-Japanese, while 19.6 percent said they were paid lower than their Japanese co-workers.

In a separate question, 29.8 percent of those who responded to the survey said they either “frequently” or “occasionally” heard race-based insults being hurled at them, mostly from strangers (53.3 percent), bosses, co-workers and business partners (38.0 percent) and neighbors (19.3 percent).

Among other examples of unpleasantness mentioned by respondents were “getting weird stares from strangers (31.7 percent),” “being harassed because of poor Japanese-language proficiency (25.1 percent)” and “being avoided in public spaces such as buses, trains and shopping malls (14.9 percent).”

“We believe this survey will serve as key basic data for us to implement policies to protect human rights of foreign nationals in the future,” Justice Minister Katsutoshi Kaneda told reporters Friday.

The implementation of the survey is the latest sign that Japan, after years of inaction, is inching toward tackling the problem of racism as the nation becomes increasingly diverse.

A Justice Ministry statistic released last September showed that the number of permanent as well as middle- and long-term foreign residents in the country hit a record 2.307 million in June, up about 135,000 from a year earlier.

Adding to this is the advent in recent years of jingoistic rallies staged by ultraconservative civic groups on the streets of ethnic Korean neighborhoods, such as Shin-Okubo in Tokyo and Kawasaki, calling for the “massacre” of Koreans they branded as “cockroaches.”

The Justice Ministry’s first probe into hate speech concluded in March last year that 1,152 such demonstrations took place from April 2012 to September 2015 across the nation.

In a related move, an unprecedented hate speech law was enacted last year, highlighting efforts by the central government and municipalities to take steps to eliminate such vitriolic language.

Still, despite being a signatory to the U.N.-designated International Convention on the Elimination of All Forms of Racial Discrimination, Japan has for years shied away from enacting a comprehensive law banning racism, based on the position that discrimination here is “not serious enough to legalize punitive measures against the dissemination of racist ideology and risk having a chilling effect on proper speech,” as stated by the Foreign Ministry.

Kim Myungsoo, a professor of sociology at Kwansei Gakuin University, hailed the ministry’s latest survey, saying it shed light on the reality of racism inherent to Japan that effectively discredits this government stance.

“The survey publicly confirmed the reality of victimization caused by racism in Japan, which would prevent the government from sticking to its conventional assertion,” said Kim, who himself is an ethnic Korean resident. “I believe the government is ready to change its position.”

Hiroshi Tanaka, a professor emeritus at Hitotsubashi University, said the government has much to learn from the results of this survey, noting an overwhelming 85.3 percent of the respondents said they were not aware of human rights consultation services made available by regional branches of the Justice Ministry.

But a sad irony, he pointed out, plagues these services in the first place, with foreign nationals effectively disqualified from becoming counselors there due to a law that makes having Japanese nationality a prerequisite for the post.
ENDS

=================================
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Kyodo: “Russian’s conviction for handgun possession dismissed”, due to bent J-cops’ “arrest quotas” that illegally entrap NJ

mytest

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Hi Blog.  Here’s another case of bent cops in Japan targeting NJ (Want more?  Click here.) even if it means resorting to illegal activities.  Comment follows article:

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Russian’s conviction for handgun possession thrown out
JAPAN TIMES/KYODO, MAR 7, 2017, courtesy of JDG
http://www.japantimes.co.jp/news/2017/03/07/national/crime-legal/russians-conviction-handgun-possession-thrown/

SAPPORO – Following new testimony from a former police inspector about a Russian man who was caught in an illegal police sting operation, a court Tuesday overturned his 1998 conviction for handgun possession.

The Sapporo District Court acquitted former seaman Andrei Novosyolov, 47, who served two years in prison, but did not rule on the legality of the police operation.

Novosyolov was arrested in November 1997 at the port of Otaru in western Hokkaido for possessing a handgun and was found guilty of violating the firearms control law by the district court in August 1998. He had been seeking a retrial, claiming he was the victim of an illegal operation by the Hokkaido police.

Novosyolov’s defense counsel filed for a retrial in September 2013 following new testimony from a former police inspector stating the person who approached Novosyolov about exchanging a used car for a handgun was in fact working for police investigators.

The defense council claimed that Novosyolov was the victim of an “illegal sting operation” by the police and asked the court to make a “bold judgment” on the illegality of the operation in the retrial. Prosecutors had also sought Novosyolov’s acquittal.

The district court approved holding a retrial in March last year, recognizing that the sting operation in Novosyolov’s case was illegal, prompting prosecutors to file an immediate appeal with the Sapporo High Court.

The high court in October rejected the prosecutors’ appeal and called for the retrial to be held on the grounds that police officials at the time made false statements in investigative documents, but it did not rule on the legality of the police operation.

Yoshiaki Inaba, the 63-year-old former police inspector who worked in the Hokkaido police’s firearms control division at the time of his arrest, was arrested in 2002 on suspicion of stimulant drug use, and admitted during his trial that the Hokkaido police had engaged in a sting operation.

“It was a sting operation conducted to aid the police,” Inaba said in a recent interview. “He must have gone through a lot of hardships in prison in a foreign country. I want to apologize to him.”

“His acquittal would lift a great weight from my shoulders,” Inaba added.

At the time of Novosyolov’s arrest, police officers had been assigned a quota to confiscate illegal guns following a series of sniper shootings targeting key figures in Japan.

Police officers instructed an informant to encourage foreigners to bring firearms to Japan as part of efforts to meet the quota. Novosyolov was arrested in the process of exchanging the handgun.

“Me and the organization jumped to grab the opportunity to get the credit,” Inaba said, recalling Novosyolov’s arrest. “I still remember his frightened face at the arrest scene.”

“(My superiors) must have acknowledged that it was an illegal operation. I thought this method was wrong but couldn’t fight back,” Inaba said. “We did many other dirty things and I thought we would have to pay for them someday,” he added.

Inaba said he testified about the police’s sting operation out of his desire to reveal the truth.

Hokkaido police officials declined to comment on the legality of its investigatory method concerning the case. ENDS

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As submitter JDG put it:

—————————————-

JDG:  It’s NOT the fact that this guy was framed in an illegal entrapment by police and wrongly served 2 years.

No, what is BLOWING MY MIND is that the J-cops;
1. Set quotas for gun related arrests…in ‘safety Japan’, because they claim…
2. There were a series of high profile incidents of sniping at ‘key’ figures! (I never saw ANYTHING about that in the news!). And therefore, to meet the quota…
3. J-police instructed informants to tell NJ to bring guns into Japan, so they could be arrested! Because…
4. Y’know, ‘quotas’ and stuff…err…

Oh, and yeah, let’s not forget;
5. Wrongly imprisoned NJ gets released, BUT why are all these corrupt cops not being prosecuted? Where is the government mandated review of the NPA to stop a BS quota system that engenders abuse?

—————————————-

Let me add a couple of things:

1) As the article alludes, entrapment is illegal in Japan.  Japanese police are not allowed to catch criminals by engaging in criminal activity themselves.  Which is why Japanese doing illegal things overseas act rather indignant (as opposed to penitent) when being caught by, for example, American sting operations.  That’s why this case should have been thrown out of court, at least in Japanese jurisprudence — the ill-gotten evidence was inadmissible.  And doubly so when the cops are pressuring themselves to nail NJ just to fulfill a “quota”.  Triply so when the cop who trapped him and later came clean, Inaba Yoshiaki, was himself a druggie.  (Hokkaido cops are actually pretty famous for being bent, see here and here; and as I discovered for myself here and here.)

2) One detail not properly outlined was the timeline. Novosyolov was arrested in 1997 — nearly twenty years ago — and convicted in 1998.  He served two years in prison.  Yet druggie cop Inaba comes clean in sometime around 2013 and… it takes three more years to spring Novosyolov?  Since he was surely not allowed to leave Japan, where was he for the nearly twenty years?  Languishing in a Gaijin Tank between the ages of 28 and 47?  Bang went the best twenty years of his young life.

And something closer to my heart:

3) This took place in Otaru, my old stomping ground, and the site of the “Japanese Only” racist bathhouses that resulted in the landmark Otaru Onsens Case.  Otaru cops are also rather famous for their arrogance, conducting spot Gaijin Card checks just to alleviate their own boredom (my first one happened there in 1987, shortly after I first arrived), so to me this is all within character.

Congrats to Novosyolov for getting sprung.  But I doubt this will result in any reforms to the system that illegally entraps NJ for sport.  Dr. Debito Arudou
——————————

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Japan Times JBC 106: “Government, survey thyself”, on unprecedented nationwide poll of NJ on discrimination, with one big blind spot (March 5, 2017)

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JUST BE CAUSE
justbecauseicon.jpg

ISSUES | JUST BE CAUSE
Government of Japan, survey thyself
BY DEBITO ARUDOU
JBC 106, SPECIAL TO THE JAPAN TIMES, MAR 5, 2017

Something landmark happened late last year. Japan’s government undertook a nationwide survey of discrimination toward Japan’s long-term non-Japanese (NJ) residents.

The Foreign Residents Survey (FRS), drawn up in 13 languages, was randomly mailed last November to 18,500 NJ residents. It was widely dispersed — to about 500 names per local government.

Good. We need hard data about the breadth and depth of discrimination to deal with it. However, previous government surveys analyzed in this column (e.g., “Human rights survey stinks,” Zeit Gist, Oct. 23, 2007) had serious methodological problems. And afterwards, thanks to attention in The Japan Times, they were amended (Source: Embedded Racism p 243 fn 140). Many thanks.

So how is the survey this time? Much better. But it still needs work due to an enormous blind spot…

Read the rest at The Japan times at http://www.japantimes.co.jp/community/2017/03/05/issues/government-japan-survey-thyself/

Version with links to sources up shortly.
=========================

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Irish Times: Abe Admin in trouble due to ultranationalistic kindergarten Moritomo Gakuen, its perks, and its anti-Korean/Chinese racism

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Hi Blog.  Here’s a story that people have been talking about for quite some time in the Comments section of Debito.org (but sandbagged by other projects, I haven’t quite gotten to until now, thanks to this good round-up article by Dr. David McNeill):  Schools fostering ultra-rightist narratives even from a kindergarten age.

One thing I’ve always wondered about these nationalistic schools designed to instill “love of country” and enforce patriotism from an early age (which are, actually, not a new phenomenon, see also here):  How are they supposed to deal with students who are of mixed heritage, or of foreign descent?  As Japan’s multiethnic Japanese citizen population continues to grow thanks to international marriage, are these students also to be taught that love of country means only one country?  Or that if they are of mixed roots, that they can only “love” one side?

This sort of jingoism should be on its way out of any developed society in this increasingly globalizing world.  But, alas, as PM Abe toadies up to Trump, I’m sure the former will find plenty of things to point at going on in the USA to justify renewed exclusionism, and “putting Japan first” through a purity narrative.  Still, as seen below, the glimmer of hope is the charge that this school’s funny financial dealings (and their anointment of Abe’s wife as “honorary principal”) might in fact be the thing that brings down the Abe Administration (if it does, I’ll begin to think that Japan’s parliamentary system is actually healthier than the US’s Executive Branch).  And that Japan’s hate speech law has in fact bitten down on their racist activities.  An interesting case study in progress.  Dr. Debito Arudou

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

Japan’s Shinzo Abe under fire over ultra-right school
PM accused of giving sweetheart deal to school with ties to hard-right lobby group
David McNeill in Tokyo. The Irish Times, Feb 23, 2017
http://www.irishtimes.com/news/world/asia-pacific/japan-s-shinzo-abe-under-fire-over-ultra-right-school-1.2986573

PHOTO: Shinzo Abe with Donald Trump: The Japanse prime minister has offered to resign if his involvement in the school controversy is confirmed. Photograph: Al Drago/The New York Times

Lingering suspicions about far-right ties to Japan’s government have surfaced again in a row about an alleged sweetheart deal for the operator of an ultra-nationalist kindergarten.

Under fire in parliament, prime minister Shinzo Abe, one of Japan’s longest-serving leaders, said he would step down if his involvement in the deal is substantiated.

The private kindergarten in Osaka has its 3-5-year-old students memorise a 19th-century edict that was used to indoctrinate youngsters during the second World War. Children at the school chant patriotic slogans in front of pictures of the emperor, including: “Should emergencies arise, offer yourselves courageously to the state.”

Its operator, Moritomo Gakuen, was recently investigated under hate speech laws after publishing ethnic slurs of Korean and Chinese people, who it dubbed shinajin – roughly meaning “chink”.

Opposition politicians have singled out the sale of a plot of land last year to Mr Gakuen [sic] by the government in Osaka Prefecture at a fraction of the appraised price.

A primary school is being built on the 8,770sq m plot. Mr Abe’s wife, Akie, will be its honorary principal when it opens in April. The prime minister’s name was allegedly used to solicit donations.

Below list price
Yasunori Kagoike, the president of the kindergarten, has denied that the million yen (€1.1 million) paid for the plot last June, far below its list price of million yen, was too cheap.

The school says the cost of cleaning up arsenic and other contamination found on the site explains the whopping discount. “We have done things open and above board,” Mr Kagoike said this week.

The controversy has thrown a spotlight on Nippon Kaigi, or Japan Charter, a nationalist lobby group with close ties to the government. Mr Kagoike leads a local chapter of the group.

About a third of the Diet (parliament) and more than half of Mr Abe’s 19-member cabinet support Nippon Kaigi. Mr Abe is a specialist adviser to its parliamentary league.

Like followers of US president Donald Trump, members of Nippon Kaigi want to “take back” their country from the liberal forces that they believe are destroying it. The group’s goals include building up the nation’s military forces, instilling patriotism in the young, and revising much of the pre-war Meiji constitution.

Blatantly revisionist
Critics say its charter is a shopping list of blatantly revisionist causes: applaud Japan’s wartime “liberation” of east Asia from western colonialism; rebuild the armed forces; inculcate patriotism among students brainwashed by left-wing teachers; and revere the emperor as he was worshipped before the war.

Mr Abe has denied that he or his wife were involved in the land sale or that he gave permission for his name to be used, though both have praised the curriculum offered by the kindergarten.

Responding to questions from opposition politicians last Friday, Mr Abe said he did not know that donations were being solicited for a “Prime Minister Shinzo Abe” memorial elementary school.

“This is the first I’ve heard of it,” he said, adding that he would “quit as prime minister and as a Diet member” if found to have been involved in the scandal.

ENDS

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

Japan PM’s wife cuts ties with school at heart of political furor
Reuters, February 24, 2017, By Kaori Kaneko and Linda Sieg | TOKYO
http://www.reuters.com/article/us-japan-politics-abe-idUSKBN16308L?il=0

Prime Minister Shinzo Abe’s wife has cut ties with an elementary school involved in a land deal that provoked opposition questions just as the Japanese leader was basking in the glow of a friendly summit with U.S. President Donald Trump.

Abe has said neither he nor his wife, Akie, was involved in a murky deal for the purchase of state-owned land by Moritomo Gakuen, an educational body in the western city of Osaka that also runs a kindergarten promoting patriotism.

The affair has energized the often-floundering opposition, offering a reminder of the unexpected pitfalls that could still emerge for Abe’s seemingly stable rule, now in its fifth year.

Abe, grilled about the purchase of the land at a rock-bottom price, said on Friday his wife would scrap a plan to become honorary principal of an elementary school the institution will open in April.

Last year, Moritomo Gakuen paid 134 million yen ($1.2 million), or 14 percent of the appraisal price, for an 8,770-sq-m (94,400-square-foot) plot on which to build the elementary school, official data show.

The difference reflects the cost of waste cleanup at the site, officials have said. Finance Minister Taro Aso told parliament this week there were no problems with the deal.

Abe said his wife had tried to refuse the role as honorary principal, and only accepted after it was announced to parents.

“Despite this, she decided that it would be detrimental for both the students and the parents if she continued, and so she told them she would resign,” he added.

OPPOSITION ENERGIZED

The institution’s president, Yasunori Kagoike, heads the Osaka branch of Nippon Kaigi, or Japan Conference, a nationalist lobby group with close ties to Abe and his cabinet.

On the school’s website, Akie had said: “I was impressed by Mr. Kagoike’s passion for education and have assumed the post of honorary principal.”

Abe said the comments were removed from the website on Thursday at his wife’s request.

Abe reiterated that he had declined to let his name be used when Moritomo Gakuen sought donations for what it called the “Abe Shinzo Memorial Elementary School”.

He has also denied that either he or his wife was involved in obtaining approval for the school, or in the land acquisition, saying last Friday that he would resign if evidence to the contrary were found.

The main opposition Democratic Party has seized on the affair. “The prime minister is talking as if he were the victim, but it is the people who should be angry,” Democratic Party lawmaker Kiyomi Tsujimoto told reporters.

His cabinet this time has lost several ministers to money scandals, but Abe himself has been untainted by scandal.

Abe’s approval rating rose five points to 66 percent in a media survey after his summit with Trump, where the leaders hugged, golfed and reaffirmed the U.S.-Japan alliance.

But his popularity could take a hit if the scandal continues to preoccupy the media, some political analysts said.

“The thing that makes a scandal really serious is when it keeps getting headlines,” said Chuo University political science professor Steven Reed.

ENDS

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

BACKGROUND ARTICLE:

Reuters LIFESTYLE | Thu Dec 8, 2016 | 8:25pm EST
Japanese kindergarten teaches students pre-war ideals
By Kwiyeon Ha | TOKYO
http://www.reuters.com/article/us-japan-education-idUSKBN13X1UV

(NB:  Do check out the link for its visuals; must see.)

At first glance, the Tsukamoto kindergarten looks like any other school in Japan, but its unique curriculum is reminiscent of pre-war Japan.

The private school, which has been visited by Akie Abe, wife of Prime Minister Shinzo Abe, aims to instil in its 3- to 5-year-old students a sense of patriotism with a curriculum focused on Japanese traditions and culture.

Its mornings start with uniformed children singing the national anthem in front of the country’s flag and reciting in stilted Japanese the pre-war Imperial Rescript on Education, containing commandments set out in 1890 to nurture “ideal” citizens under the Emperor Meiji. These embody Confucian virtues and demanded devotion to the emperor and sacrifice for the country.

“Be filial to your parents, affectionate to your brothers and sisters,” they chant. “Should emergencies arise, offer yourselves courageously to the state.”

After World War Two, occupying U.S. forces abolished the rescript, which many saw as a source of the obedience and moral certitude that helped fuel Japanese militarism.

In 1947, the postwar government passed the Fundamental Law on Education to bolster the liberal and democratic values of the postwar pacifist constitution.

Tsukamoto kindergarten, in Osaka, introduced the rescript 15 years ago, although school officials say it is not intended to fuel nationalism.

“What we’re aiming to foster in education is patriotism or ‘Japanese-ism’, expanding Japan’s spirit all over the world, not so-called nationalism. These are totally different,” said Yasunori Kagoike, principal of the kindergarten.

PHOTO:  A student stops to bow to a portrait of Japanese former Emperor Hirohito and Empress Kojun at Tsukamoto kindergarten in Osaka, Japan, November 30, 2016. REUTERS/Ha Kwiyeon

Kagoike heads the Osaka branch of Nippon Kaigi, or Japan Conference, a nationalist lobby group with close ties to Abe and his Cabinet and for which education reform is a key tenet.

PROTECTING THE NATION

Cultural activities at the school, where the walls are lined with images of the imperial family to which students bow throughout the day, include learning traditional Japanese musical instruments, martial arts and board games. Students also take trips to military bases.

Kagoike said he hopes other schools will adopt their curriculum so children are prepared to protect their nation against potential threats from other countries.

“If an imperialist nation is trying to harm Japan, we need to fight against it. For that, revising Article 9 of Japan’s Constitution is indeed necessary and should be carried out as soon as possible,” he said.

Article 9 of the U.S.-drafted constitution renounces war and, if read literally, bans the maintenance of armed forces, although Japan’s military, called the Self-Defense Forces, has over 200,000 personnel and is equipped with high-tech weapons.

Revising the constitution is one of the key policy targets of Abe’s Liberal Democratic Party. His government has already stretched its limits to give the military a bigger role.

Using an analogy of stopping a burglar getting into the house, teacher Chinami Kagoike – the principal’s daughter – said she teaches students it is necessary to fight against such threats to protect themselves and their families.

“Strengthening Japan would be subject to severe criticism from various countries,” she said. “But instead of pulling away from this, I teach children that the Japanese government has clearly demonstrated its will, so you also need to break silence and go forward and say you want to protect your family.”

The kindergarten plans to open a primary school next year and Akie Abe will be the honorary principal, according to school brochures.

Michael Cucek, an adjunct professor at Temple University’s Tokyo campus, said Abe’s wife is often seen as a proxy for the prime minister, who during his first, 2006-2007 term oversaw the revision of the education law to put patriotism back in school curricula.

ENDS

——————————–

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Japan Times JUST BE CAUSE column 105: “Media, stop normalizing sumo as an ethno-sport”, Monday, Feb 20, 2017

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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Thanks to readers for putting this in the Top Ten most-read JT articles for two days in a row!  — Debito

JUST BE CAUSE
justbecauseicon.jpg

STOP NORMALIZING SUMO AS AN ETHNO-SPORT
Foreign coverage of the new Yokozuna Kisenosato is embedding racism
By Debito Arudou
Just Be Cause Column 105 for the Japan Times Community Page
Monday, February 20, 2018

http://www.japantimes.co.jp/community/2017/02/19/issues/media-outside-japan-must-stop-normalizing-sumo-ethno-sport/

I know that by now this is old news (blame press holidays and timely Trump articles), but congratulations to Kisenosato last month for ascending to yokozuna, sumo wrestling’s highest rank. After all your efforts, well done.

So what does JBC have to say about it? Nothing to diminish that achievement, of course. But let’s consider how the event echoed overseas. Here are some headlines from prominent news outlets:

BBC: “Japan gets first sumo champion in 19 years”
http://www.bbc.com/news/world-asia-38721106

Washington Post: “After 19 long years, Japan has a grand champion of sumo once again.”
https://www.washingtonpost.com/world/after-19-long-years-japan-has-a-grand-champion-of-sumo-once-more/2017/01/25/

New York Times: “For the first time in years, Japan boasts a sumo grand champion.”
https://www.nytimes.com/2017/01/25/world/asia/japan-sumo-champion-kisenosato.html

The Guardian: “Kisenosato becomes Japan’s first homegrown sumo champion in 19 years.”
https://www.theguardian.com/sport/video/2017/jan/25/kisenosato-becomes-japans-first-homegrown-sumo-champion-in-19-years-video

Even our own JT: “Kisenosato becomes first Japanese-born yokozuna in almost two decades.”
http://www.japantimes.co.jp/sports/2017/01/25/sumo/kisenosato-becomes-first-japanese-born-yokozuna-almost-two-decades/

Hmm. At least three of those headlines make it seem like Japan hasn’t had a Japanese yokozuna – or any yokozuna – for nearly two decades.

That’s false. We’ve had five yokozuna (Musashimaru, Asashoryu, Hakuho, Harumafuji, and Kakuryu) since 1998.
https://en.wikipedia.org/wiki/List_of_yokozuna

Unless they’re referring to the fact that the last four champions have been Mongolian, not Japanese. But that means they don’t count?

Then what about Musashimaru? He’s a naturalized Japanese, and was one (as the Japan Times duly noted) when he became yokozuna in 1999.

So he’s not counted because he’s not a “real” Japanese? Apparently. That’s why the JT and Guardian slipped in qualifiers like “homegrown” and “Japan-born”. As if that matters.

It shouldn’t. Except to racists.

And it matters in Japan because of the embedded racism of the sport…

Read the rest at

http://www.japantimes.co.jp/community/2017/02/19/issues/media-outside-japan-must-stop-normalizing-sumo-ethno-sport/

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

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Japan Times: Group drawing on long-term NJ residents to help newcomers navigate life in Japan

mytest

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Hi Blog.  Here’s a nice write-up about a group called the Asian People’s Friendship Society, which is doing a very important thing:  Helping NJ help each other.  Up until now, we’ve generally had Japanese helping NJ assimilate into Japan, even though, however well-intentioned Wajin are, many if not most have little idea what it’s like to be a foreigner in Japan, or understand practically what it’s like to become a member of society when they always have been one.  Now this group is having longer-term NJ help shorter-term NJ learn the ropes.  It’s far better than the alternative frequently found in many NJ tribes, particularly the elite ones that enjoy Wajin Privilege, of oldcomers cutting newbies no slack — because apparently nobody ever cut the oldcomers any.  Fine, but that’s not helpful at all.  Let’s hope groups like the APFS break that vicious circle, and enable NJ to control their own agenda and thus their own lives in Japan.  Dr. ARUDOU, Debito

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Group drawing on long-term foreign residents to help newcomers navigate life in Japan
by Tomohiro Osaki, Staff Writer
The Japan Times, Jan 10, 2017 (excerpt)
http://www.japantimes.co.jp/news/2017/01/10/national/group-drawing-long-term-foreign-residents-help-newcomers-navigate-life-japan/

Foreign residents in Japan may be at a disadvantage in some ways, but they are by no means powerless nor on their own, says Tokyo-based nonprofit organization Asian People’s Friendship Society (APFS).

In a recently launched program series, the organization is nurturing a new group of volunteers it calls “foreign community leaders” who will assist fellow non-Japanese trying to navigate life amid a different and foreign culture.

“Long-term foreign residents have incredible know-how on how to get by in their everyday lives in Japan,” says Jotaro Kato, the head of APFS. “I want people to know that there are foreigners out there who can speak perfect Japanese” and who can provide guidance if needed.

Targeting long-term foreign residents with a high level of proficiency in the Japanese language, the 30-year-old organization is spearheading the project to groom such veterans so they can help newcomers overcome a variety of everyday obstacles, such as dealing with language barriers, cultural differences and visa conundrums.

For its part, APFS has organized a series of lectures and workshops that are currently taking place every other Saturday in a community hall in Itabashi Ward, Tokyo, in which experts from many different fields discuss topics important to foreign residents. The issues covered include visa problems, labor laws, the welfare system and translation problems. […]

Particularly thought-provoking, she said, was a lecture on Japanese school education, which taught the class that the government essentially discriminates against foreign pupils by not making their enrollment compulsory, but merely “allowing” them to go to public school on a voluntary basis.

“This is the root of many problems, I think,” she said.

Further details are available at http://www.apfs.jp/

Full JT article at http://www.japantimes.co.jp/news/2017/01/10/national/group-drawing-long-term-foreign-residents-help-newcomers-navigate-life-japan/
========================

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Other progress in 2016: Actions against wasabi bombs in sushi for NJ customers, conductor officially chided for apologizing re “many foreign passengers” crowding trains

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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Hi Blog, and welcome to 2017. And to start this year (which I am not at all optimistic about), let’s try to talk about two bright sides to 2016.

First up, this piece of good news that shows that targeting of foreign passengers (on an airport train, no less) is officially not cool — either from the passengers’ point of view or from the train company’s:

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

Train conductor warned after apologizing for crowding due to ‘many foreign passengers’
http://mainichi.jp/english/articles/20161011/p2a/00m/0na/003000c
October 11, 2016 (Mainichi Japan), courtesy of JK

OSAKA — A Nankai Electric Railway Co. conductor was dealt a verbal warning after apologizing to Japanese passengers for crowding on a train heading to Kansai International Airport with a large number of foreigners, it has been learned.

The company said the male conductor, who is in his 40s, made the announcement on an express train bound for Kansai International Airport at around 11:30 a.m. on Oct. 10, a public holiday, after the train left Tengachaya Station.

“Today there are many foreign passengers aboard and it is very crowded, so we are inconveniencing Japanese passengers,” the conductor was quoted as stating in the announcement.

After the train arrived at Kansai-Airport Station, a Japanese woman questioned a station attendant about the announcement, asking whether it was within the bounds of company rules.

When questioned by the company, the conductor was quoted as replying, “I heard a male Japanese passenger at Namba Station yelling, ‘All these foreigners are a nuisance,’ so I made the announcement to avert trouble. I had no intention of discriminating.”

The company says it has received complaints in the past about the large pieces of luggage carried by foreign visitors, but the announcement made by the conductor was the first of its kind.

“Whether people are Japanese or non-Japanese, the fact remains that they are our passengers. Language that sets them apart is inappropriate,” a company representative said.

Japanese version:

車掌「多くの外国人で、ご不便を」
毎日新聞2016年10月11日 00時06分(最終更新 10月11日 12時32分)
http://mainichi.jp/articles/20161011/k00/00m/040/058000c

車内アナウンスして口頭注意 「差別の意図ない」と釈明
南海電鉄の40代男性車掌が10日、車内で「本日は多数の外国人のお客さまが乗車されており、大変混雑しておりますので、日本人のお客さまにはご不便をおかけしております」という内容のアナウンスを行い、口頭注意を受けていたことが同社への取材で分かった。

車掌は同社の聞き取りに「難波駅で車内の日本人男性客が『外国人が多くて邪魔』という内容を大声で叫んだのを聞き、トラブルを避けるために放送した。差別の意図はない」と説明したという。同社によると、これまでにも、車内の外国人観光客の大きな荷物に対する苦情が他の乗客から寄せられたことはあったが、この車掌が同様のアナウンスをしたのは今回が初めてという。

同社は「日本人でも外国人でも、お客さまに変わりはない。区別するような言葉はふさわしくない」としている。【井川加菜美】
ENDS
///////////////////////////////////////////////

Next up an article from the Grauniad, which coupled the above story with another one about some sushi itamae-san who took it upon themselves to wasabi-bomb some NJ sushi. Full article follows below, but pertinent excerpt:

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

The incident follows an accusation by South Korean tourists that a sushi restaurant in Osaka deliberately smeared their orders with eye-watering quantities of wasabi, a pungent condiment that should be used sparingly.

The restaurant chain Ichibazushi apologised but denied accusations of racism, saying its chefs had decided to use excessive amounts of wasabi after other foreign diners had previously requested larger dollops for added piquancy.

“Because many of our overseas customers frequently order extra amounts of pickled ginger and wasabi, we gave them more without checking first,” the chain’s management said. “The result was unpleasant for some guests who aren’t fans of wasabi.”

It was not clear how many such incidents – labelled “wasabi terrorism” on social media – had occurred, but some disgruntled diners posted photos of sushi containing twice as much wasabi as usual.

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

Again, the fact that this incident made news, and (Japanese) social media thought this was worth criticizing is a good thing. The restaurant acknowledged and apologized.

There is lots to bellyache about when it comes to how NJ are seen and treated in Japan, but when people (especially Japanese people, who are often not all that quick to leap to the defense of NJ, since what happens to NJ does not affect them) stand up against this, this is progress. Credit where credit is due. Dr. ARUDOU, Debito

Full Grauniad article:
//////////////////////////////////////

Japanese train conductor blames foreign tourists for overcrowding
Rail company reprimands conductor who made announcement blaming foreigners for inconveniencing Japanese passengers
Justin McCurry in Tokyo Tuesday 11 October 2016
https://www.theguardian.com/world/2016/oct/11/japanese-train-conductor-blames-foreign-tourists-for-overcrowding

A railway company in Japan has reprimanded a conductor who blamed the large number of foreign tourists on a crowded train for inconveniencing Japanese passengers.

The outburst will have done little to help Japan’s attempts to become a more welcoming destination for foreign visitors as it prepares to host the 2019 rugby World Cup and the Tokyo Olympics a year later.

Japan’s successful pitch for the 2020 Games made much of the country’s reputation for omotenashi– traditional hospitality and service.

But there was precious little omotenashi on display when the conductor addressed passengers on a Nankai Electric Railway express train bound for Kansai international airport near Osaka on Monday morning.

“There are many foreign passengers on board today … this has caused serious congestion and is causing inconvenience to Japanese passengers,” said the conductor, a man in his 40s.

A Japanese passenger reported the incident to a station attendant at the airport, questioning whether the conductor’s wording was acceptable.

The conductor, who has not been named, later defended his choice of words: “I heard a male Japanese passenger at [another station] yelling: ‘All these foreigners are a nuisance,’” the Mainichi Shimbun quoted him as saying.

“I made the announcement to avert trouble and had no intention of discriminating [against foreign passengers],” he said.

A Nankai Electric spokesman told the newspaper that the firm had previously received complaints about foreign visitors with large suitcases, but added: “Whether people are Japanese or non-Japanese, the fact remains that they are our passengers. Language that sets them apart [from other passengers] is inappropriate.”

The incident follows an accusation by South Korean tourists that a sushi restaurant in Osaka deliberately smeared their orders with eye-watering quantities of wasabi, a pungent condiment that should be used sparingly.

The restaurant chain Ichibazushi apologised but denied accusations of racism, saying its chefs had decided to use excessive amounts of wasabi after other foreign diners had previously requested larger dollops for added piquancy.

“Because many of our overseas customers frequently order extra amounts of pickled ginger and wasabi, we gave them more without checking first,” the chain’s management said. “The result was unpleasant for some guests who aren’t fans of wasabi.”

It was not clear how many such incidents – labelled “wasabi terrorism” on social media – had occurred, but some disgruntled diners posted photos of sushi containing twice as much wasabi as usual.

Whether or not the incidents resulted from misunderstandings, the potential for friction between visitors and local people is likely to increase as Japan gains popularity as a tourist destination.

A record 2.05 million people visited the country in August, according to the Japan Tourism Agency, including 677,000 from China, 458,900 from South Korea and 333,200 from Taiwan.

Japan’s government hopes to double the number of foreign visitors to 40 million in 2020, and expects a tourism windfall of 8tn yen (£63bn).
ENDS
=====================================

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MOJ Bureau of Human Rights Survey of NJ Residents and discrimination (J&E full text)

mytest

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

From: XY
Subject: MOJ NJ Survey
Date: November 14, 2016
To: debito@debito.org

Dear Debito,

I am XY, a long year NJ resident. First I want to thank you for the great work you do to enhance human rights in Japan. I learned most of the discrepancies between law and practice (especially Hotels *cough*) from your blog. Great work.

Now to the actual reason of my mail. I have recently read on debito.org about that human rights survey the ministry of justice is conducting right now, and today I got the survey documents in Japanese and English. In your blog you ask for scans of these documents to check the nature of this survey. Here they are (downloadable PDFs):

外国人人権アンケート(Cover Letter)
外国人人権アンケート(英語)
外国人人権アンケート(日本語)

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

COMMENT FROM DEBITO:

Debito.org has focused on the GOJ’s biased surveys regarding human rights and NJ in the past, and found the science to be very bad. This poor science has even been found in surveys of NJ residents at the national (here, here, and here) and local levels (Tokyo and Urayasu, for example). It’s amazing how quickly common human decency and equal treatment evaporates from Japan’s social science just as soon as “foreigners” are brought into the equation.

So that’s why I approached these new surveys for “Foreigners Living in Japan” (as opposed to “Non-Citizen Residents of Japan”) from the Ministry of Justice Human of Human Rights (BOHR), Center for Human Rights Education and Training, with some trepidation.  Especially given the BOHR’s longstanding record of unhelpfulness and abdication of responsibility (see also book “Embedded Racism“, pp. 224-231).  But let’s take a look at it and assess.  Here is a sampling of pages from the English version in jpg format (the full text in Japanese and English is at the above pdf links).

First, two pages from the statement of purpose from the Cover Letter, so you get the tone:

Document-page-001

Document-page-002

Next, here’s the odd very first question.  It inquires whether the foreigner being surveyed actually interacts with Japanese, or lives as a hikikomori hermit inside a terrarium.  (It’s a bit hard to envision this kind of question coming from other governments.  In a question about discrimination towards NJ, why is this the first question?  Is it a means to discount future responses with, “Well, it’s the foreigner’s own fault he’s discriminated against — he should get out more”?).  Anyway:

Document-page-006

Skipping down to the next section, we see that they get to the discrimination issues (housing first, and that’s a major one) pretty systematically, and with the possibility of open-ended answers.  Good.

Document-page-008

Same with discrimination in employment:

Document-page-009

And then discrimination in access to services and in daily interactions:

Document-page-010

And then we get to a decent list of miscellany.  Note that there is no mention of any discrimination by officialdom, such as police harassment, racial profiling, or Gaijin Card Instant Checkpoints on the street or in hotels.  (Naturally:  The BOHR is part of the Ministry of Justice, as are the Japanese police forces — and their bunker mentalities are but an inevitable part of managing Japan’s security and erstwhile “world’s safest society” against outside threats).  According to this list, discrimination only seems to happen because of nasty “Japanese people” as individuals, not because of something more systemic and embedded, such as Japan’s laws, enforcement of laws, or judiciary.

Document-page-011

Then we get to issues of hate speech:

Document-page-012

Document-page-013

Then we get to the subject of what to do about it.  The survey starts off with the typical boilerplate about “cultural differences” (the regular way of blaming foreigners for “being different”, thereby deserving differential treatment), but then by item 6 we get a mention of a law against preventing “discrimination against foreigners” (as opposed to racial discrimination, which is what it is).  So at least a legislative solution is mentioned as an option.  Good.

Document-page-014

The rest talks about what measures the surveyed person has taken against discrimination using existing GOJ structures (the BOHR).  Then it concludes some background about the surveyed person’s age, nationality, visa status, home language, etc. (which is where that funny first question about “how much contact do you have with Japanese?” should have come; putting it first is, again, indicative.)

CONCLUSION:  In terms of a survey, this is an earnest attempt to get an official handle on the shape and scope of discriminatory activities in Japan, and even mentions the establishment of anti-discrimination laws as an option.  Good.  It also includes the first real national-level question about discrimination in housing in Japan, which hitherto has never been surveyed beyond the local level.  I will be very interested to see the results.

That said, the survey still has the shortcoming of the GOJ not accepting any culpability for discrimination as created and promoted by officials, including Japan’s police forces, laws, law enforcement, or legislative or judicial processes.  It still seems to want to portray discrimination as something that misinformed or malicious individuals do toward “foreigners”, without getting to the root of the problem:  That the real issue is racial discrimination embedded within Japan’s very identity as a nation-state (as I uncover and outline in book “Embedded Racism”).  Here’s hoping that research helps inform their next survey (as my research informed the Cabinet’s previously biased survey questions back in 2012 (page down)).  Dr. ARUDOU, Debito

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

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Onur on Fukuoka hotel check-ins in: Police creating unlawful “foreign passport check” signs in the name of (and without the knowledge of) local govt. authorities!

mytest

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Hi Blog.  Onur, our local watchdog on Japan’s hotel policies towards “foreign guests”, has submitted another report, this time on hotels in Fukuoka.  The last case he submitted exposed how police in Mito, Ibaraki Prefecture, were deliberately lying about the law to create notices requiring the racial profiling of all “foreigners” at hotel check ins.  Now in Fukuoka the same thing is happening, only worse:  Fukuoka Prefectural Police are creating erroneous signs in the name of local government authorities without the knowledge of those local authorities!

This is odious.  Given the recent Debito.org report about racist check-ins at Sakura Hotel in Jimbocho, Tokyo (done according to the hotel itself “to provide safety for our guests“, whatever that means), and the fact that I uncovered this unlawful practice more than ten years ago in my Japan Times columns (“Creating laws out of thin air,” Zeit Gist, March 8, 2005; “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” JBC, July 6,2010), it seems the problem is nationwide and systemic.  Our police forces continue to enlist the public in their racial profiling of “foreigners” (whether or not they are tourists or residents of Japan), whether or not the law or the local authorities permit them to. (It doesn’t.)

Read on for Onur’s latest.  Well done.   Dr. ARUDOU, Debito

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

Date: Nov. 17, 2016
From: Onur
Hello Dr. Debito,

I am Onur, who sent the poster that Ibaraki Police distributed to the Hotels. I had a similar experience in Fukuoka. I stayed in S.B Hotel Hamanomachi. I saw the attached poster on the reception desk. I asked permission and took a photo it. It clearly says that they ask every foreigner to present his/her passport.

20161030_175006b

However, I just wrote my Japanese address to guest registration form during check-in and the reception did not ask me to show a passport or a card. The check-in was smooth.

Later I stayed in Hotel New Gaea Hakata-Eki Minami. The reception asked my passport. I said I don’t carry it. Then they asked my residence card. I don’t have to show it but I showed my residence card to reassure them. Then the receptionist took my card and went to another room without saying anything. I was shocked. I asked what are you doing? He said he is copying my residence card. I said no. According to the law as I am a foreigner with an address in Japan, no copying is necessary. Then the receptionist was shocked when I said no. He did not say anything and gave my card back to me.

I decided to solve this problem by contacting the people in charge. At the bottom of the poster, it is written “Health Center in Fukuoka Prefecture and Fukuoka Prefectural Police”. Therefore, first, I went to Central Health Center (中央保健所) in Fukuoka City. I talked with the person in charge for the hotels. He was very friendly and helpful. I showed the poster in the first hotel and told the incident in the second hotel. He said that even though the poster says “Health Center in Fukuoka Prefecture” at the bottom of the poster, the poster is not prepared by the health center and he has never seen this poster before. He said the information in the poster is definitely wrong and the poster may have been prepared by the hotel. He said they will contact to those two hotels and warn them.

Then I went to Fukuoka Prefectural Police Headquarters. I showed the poster and asked to talk with the officer in charge. As the prefectural headquarters is very big, it took a long time to find out the officer in charge. Three officers came. They were friendly and willing to solve the problem. First I showed the poster. They accepted that the police printed the poster and distributed to the all hotels in Fukuoka prefecture. I showed the official announcement of the Health, Labour and Welfare Ministry at https://www.city.shinjuku.lg.jp/content/000062471.pdf and said that their poster is clearly different. They were very surprised. It seems that they did not know the details of the hotel law and regulations well. They could not understand what is wrong in their poster. I gave a long speech about the law and the guidelines of the ministry. They finally understood the problem and apologized. They said they will check it in detail and fix the poster.

A few days later I got a phone call from the police. They apologized again. They said they will print a new poster, but it may take a long time to replace all the posters in the prefecture. They said they will ask the hotels to check only the residence card without copying it to verify the address, if the foreigner guest says he has an address in Japan. I said it is wrong again. I said “I called the ministry and they told me that there is no need to check the residence card or passport if a foreigner says he is living in Japan and writes the Japanese address to check-in form. Please call the ministry for the details and follow their guidelines exactly”. Later the Central Health Center in Fukuoka called me. They said they talked with those two hotels and also the police headquarters and warned them about following the rules. They said please call us if you experience such a problem again.

In short, if you experience such a problem in a hotel, I think the best way to solve is to contact the local Health Center, which is the local authority over the hotels, and also the police headquarters if they are involved.

Best Regards,
Onur
ENDS

===========

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Mainichi Editorial: Japan needs effective hate speech law to stamp out racist marches

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Hi Blog.  To cap off this month of discussion on Debito.org about Japan’s new hate speech laws, check out what the Mainichi (clearly a supporter, given their generous coverage of the issue, particularly regarding enforcement) said about a bill at the national level back in April.  It passed in June.  This article offers a good accounting of just how much work went into getting the local governments to take a stand on the issue, and how grassroots movements do indeed influence national policy in Japan.  Dr. ARUDOU, Debito

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

Editorial: Japan needs effective hate speech law to stamp out racist marches
April 11, 2016 (Mainichi Japan), courtesy of JK
http://mainichi.jp/english/articles/20160411/p2a/00m/0na/022000c

A bill intended to put a stop to hate speech campaigns directed at people of particular races or ethnicities looks set to be deliberated by the Diet during the current session.

Hate speech, with its heavy doses of terms like “Kill them!” and “Get out of Japan,” is abusive and libelous, and can stir up racist sentiments. It is, in short, an offense against basic human rights, and it cannot be tolerated. Nevertheless, there is presently nothing stopping the groups that promote this violent rhetoric from spreading their toxic message.

There were 1,152 confirmed cases of hate speech across the country during the 3 1/2 years ending in September 2015, according to the recently released results of the Justice Ministry’s first-ever investigation into the problem in Japan. That is nearly one incident a day, and it is an absolute embarrassment for a democratic nation such as ours.

The opposition-sponsored anti-racism bill was followed by one with the backing of the ruling Liberal Democratic Party (LDP) and Komeito. The ruling and opposition parties should put their heads together to get a law passed halting hate speech as soon as possible.

Hate speech marches through areas of Tokyo and Osaka that are home to many Korean residents of Japan have been intensifying in recent years, and have been spreading all over the country. Under current law, authorities have only been able to restrict hate speech actions when the perpetrators have committed an illegal act. The Justice Ministry officially labeled hate speech a human rights violation only in December of last year, and warned a former hate group leader to stop the organization’s activities. Although this is certainly a positive step, a warning has no legal power.

Behind the relatively tame official response to such racist polemics is the fact that hate speech is not in itself illegal. The government, meanwhile, has approached the problem by carefully balancing the principle of freedom of expression with direct regulation.

In 2014, the United Nations Committee on the Elimination of Racial Discrimination advised the Japanese government to take resolute action against hate speech, and to enact anti-hate speech legislation.

There are also strong domestic calls for a government response to hate speech. In January of this year, the city of Osaka enacted the country’s first anti-hate speech ordinance. In addition, more than 300 local government assemblies across Japan have adopted a written statement calling on the central government to take appropriate legal action against hate speech, while staying within the Constitutional right to freedom of expression. In these acts, we can see a definite fear that Japan will lose the trust of the international community if hate groups continue to peddle their poisonous polemics unhindered.

Hate speech doesn’t just damage the dignity of the individual. It can also create a deep well of dread in those subjected to it, including children. Freedom of expression is a very important right — but hate speech is an obvious abuse of that right.

The LDP-Komeito bill defines hate speech as unjust discrimination. The bill differs greatly from the opposition’s version, which seeks to regulate a wider range of discriminatory acts and calls for the outright ban on hate speech. Neither bill, however, lists a punishment for hate speech violations.

To the contrary, we believe that Japan needs a law that clearly defines hate speech, preventing broad interpretations that could be warped into threats to the freedom of expression. The law should also include provisions that will have some practical effect, such as giving authorities the power to deny hate groups the use of public facilities and roads for demonstrations.

It’s time for a show of political strength.
ENDS

Japanese version

社説
ヘイトスピーチ 根絶へ政治の意思示せ
毎日新聞2016年4月10日 東京朝刊
http://mainichi.jp/articles/20160410/ddm/005/070/030000c

特定の人種や民族に対する差別的言動を街頭で繰り返す「ヘイトスピーチ」を止めようとする法案が、今国会で審議される見通しになった。

ヘイトスピーチは、「殺せ」「出て行け」といった乱暴な言葉で罵倒や中傷し、差別感情をあおり立てる。人権侵害であり、到底許されないが、ヘイトスピーチを繰り広げる団体の活動は抑え込めていない。

法務省が初めて行った実態調査では、昨年9月までの3年半で全国で1152件のヘイトスピーチが確認された。1日1件に近い数字で、民主主義の国として恥ずべきことだ。

民主党(現民進党)などが国会に提出した人種差別撤廃施策推進法案に続き、自民、公明両党はヘイトスピーチ解消に向け法案を出した。ヘイトスピーチを止めるため、与野党で法制化の協議を急ぐべきだ。

東京や大阪など在日韓国・朝鮮人が多く住む地域でヘイトスピーチと呼ばれるデモが数年前から激化し、全国に広がった。

捜査当局などは、現行法の範囲で違法行為があれば取り締まってきたが、ヘイトスピーチは沈静化していない。法務省がヘイトスピーチを人権侵害と位置づけ、団体の元代表にやめるよう勧告したのは昨年12月だ。それでも強制力はない。

厳格な対応ができない背景には、現行の法制度では、ヘイトスピーチそのものを違法行為と認定できないことがある。一方、政府は、「表現の自由」との兼ね合いで直接的な法規制に慎重な姿勢を示してきた。

国連人種差別撤廃委員会は2014年、日本政府に対し、ヘイトスピーチ問題に毅然(きぜん)と対処し、法律で規制するよう勧告した。

国内からも政府の対応を促す声が強い。大阪市は今年1月、ヘイトスピーチの抑止を目指す全国初の条例を成立させた。国に対し、表現の自由に配慮しながらも、法規制など適切なヘイトスピーチ対策を求める意見書を採択する地方議会は300を超えた。国際社会の信頼を失いかねないとの危機感がそこにはある。

ヘイトスピーチは、個人の尊厳を大きく侵害するだけではない。子供などは強い恐怖感を抱く。表現の自由は大切な権利だが、ヘイトスピーチは明らかな権利の乱用だ。

与党案は、ヘイトスピーチを不当な差別と位置づけた。より広範な差別を規制対象とし、「禁止」を明確にした野党案と開きはあるが、罰則を伴わない点は共通する。拡大解釈で表現の自由が脅かされることのないようヘイトスピーチの定義を明確にしたうえで、道路でのデモや公共施設の使用を止められるような実効性のある法律にすべきではないか。政治の強い意思を示すべきだ。
ENDS

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

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Kyodo: Japan’s laws against hate speech piecemeal, lack teeth

mytest

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Hi Blog. One more blog entry about hate speech in Japan (because these developments are important and deserve archiving, as they set the tone for how the new law will be enforced and possibly lead to laws against other forms of racial discrimination). The Mainichi articles thus far archived on Debito.org (here, here, and here) have talked about the positive developments of people being called to account for their hateful speech, and the chilling effect (for a change) over anti-foreign public rallies. Yet Kyodo below makes a (rather mild) case that the law does not go far enough. Read on. Dr. ARUDOU, Debito

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

Japan’s laws against hate speech piecemeal, lack teeth
THE JAPAN TIMES/KYODO NEWS, OCT 12, 2016
http://www.japantimes.co.jp/news/2016/10/12/national/social-issues/japans-laws-hate-speech-piecemeal-lack-teeth/

When Moon Kong-hwi saw the scene, he thought the bottom of society had dropped out.

It was five years ago when he witnessed people engaged in hate speech in Osaka’s Tsuruhashi district, one of the country’s famous Korea towns. Since the vitriol came at maximum volume, what still echoes in his ears are words that raise fears.

It happened in front of JR Tsuruhashi Station. What he heard outside of the station’s exit was screams such as “Go back to South Korea!” and “Get out of Tsuruhashi!” by a dozen of people who held loudspeakers and rising sun flags.

“Uttering discriminatory words shouldn’t be done in society. But common sense is no longer there,” he said.

He could not do anything and went home, painfully aware that he is a minority in Japan. Since then, he has made it his mission to put information on the internet so his young son and daughter will not encounter such derogatory displays.

There is one-minute video shot in Tsuruhashi in February 2013. A young girl yelled at Koreans living in Japan: “I really can’t stop hating you!” “We will carry out a massacre in Tsuruhashi!” she continued.

The girl, now 18, lives in the Kanto region. She still wages hate-speech campaigns while aiming to be a TV celebrity.

“The purpose of the campaign was to demonstrate that Japan is no longer a peaceful country. Looking at the reactions on the internet, I thought it was successful that we turned their eyes to the issue,” she explained.

Asked if she believed if what was in the video constituted discrimination, she said, “Saying it is discriminatory itself is wrong. In a really racist country, people throw cans at those who are discriminated against.”

“In today’s Japan, do we have that much discrimination?” she asked.

Japan’s first hate speech law, which took effect in June, was created in line with Article 21 of the Constitution, which guarantees freedom of expression, and Article 13, which guarantees basic human rights.

Experts, though, say the law is flawed because it lacks both a stated prohibition of hate speech and carries no punishment for perpetrators.

In July, an ordinance to curb hate speech took effect in the city of Osaka. It helped minimize threatening expressions, including “Die!” and “Kill them,” but did little to curb slurs like “the crime rate among Korean people is high.”

Yet the environment surrounding offensive displays appears to be changing.

Kawasaki announced on May 31 it would not allow the organizer of a hate speech demonstration to use a park following past remarks and activities. In Osaka, police called for “a society free of discrimination.”

But perpetrators of discriminatory behavior have turned their attention to the political arena.

Makoto Sakurai, 44, the former head of the anti-Korean group Zaitokukai, ran in the Tokyo gubernatorial election in July, and said in a campaign speech: “This is a free country. It is free to call you anything during the campaign.”

Sakurai was able to publicly pledge, for example, the “abolition of public assistance for non-Japanese” because Article 21 protects freedom of political activities as well as freedom of speech, while the election law prohibits interference in political speeches.

He did, however, refrain from the violently offensive outbursts that he has frequently made in the past.

Sakurai, who had said he was not interested in elections until the gubernatorial poll, was not elected but garnered about 110,000 votes. He launched a political group and said in his blog that his goal is to gain a majority in every assembly in Japan.

Regulations and ordinances have helped tighten curbs on hate speech, but the discriminatory feelings deeply embedded in people’s minds have not changed much.

“How could the Constitution encourage discrimination and hurt people’s feelings?” said one activist in the “counter” movement against hate speech. Surging nationalism has raised the question and society is searching for an answer.
ENDS

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

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Mainichi: Effect of new anti-hate speech law spreads to executive, judicial branches

mytest

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When Japan’s first actual law against hate speech was passed in January this year, critics (naturally) decried it as a means to stifle freedom of speech. I took exception to that, saying that it was a step in the right direction, at least. Recent articles in the Mainichi Shinbun seem to bear that out. Here is is the second of three (the first is here), talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. Read on.  Dr. ARUDOU, Debito

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

Effect of new anti-hate speech law spreads to executive, judicial branches

June 6, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20160606/p2a/00m/0na/012000c

Bulletin boards at the Ministry of Justice in Tokyo’s Kasumigaseki district are filled with 49 posters calling against hate speech campaigns, in this picture taken on June 3, 2016. The anti-hate speech law went into force that day. (Mainichi)

A new law aimed at eliminating hate speech campaigns, which instigate rejection of specific racial or ethnic groups from local communities, came into force on June 3. While the legislation has proven effective in some parts of the country, such as in Kawasaki where the court handed down a provisional injunction banning a hate speech rally in an area home to many Korean residents, there remain challenges that need to be addressed.

【Related】NPA to crack down on hate speech demonstrators through existing legislation
【Related】Court bans planned anti-Korean hate speech rally in Kawasaki
On June 5, a hate speech demonstration in Kawasaki was called off after participants were surrounded by hundreds of citizens protesting against the rally and police urged them to discontinue the event. The organizers terminated the rally after demonstrators paraded only about 10 meters down the road, in what was going to be the country’s first such demonstration since the anti-hate speech law came into effect.

The incident came three days after the Kawasaki branch of the Yokohama District Court issued a provisional injunction prohibiting a hate speech demonstration within a 500-meter radius of the office of a social welfare organization supporting Korean residents in the city. The decision forced organizers of the June 5 rally to change their plans, including the location for the event.

In October 2013, the Kyoto District Court handed down a ruling banning the Zaitokukai (Citizens against the special privileges of Korean residents in Japan) from staging hate speech demonstrations near the then Kyoto No. 1 Korean Elementary School and ordered the group to pay compensation. The ruling accused those demonstrations of “racial discrimination” in light of the International Convention on the Elimination of All Forms of Racial Discrimination. The ruling was later finalized by the Supreme Court.

The June 2 provisional injunction issued by the Yokohama District Court’s Kawasaki branch also quoted the same international treaty, as well as the anti-hate speech law that had just been enacted in May. The ruling called hate speech rallies “illegal actions that infringe upon the personal rights for leading a peaceful life” and pointed out that grossly illegal hate speech campaigns, such as repeating loud chants with bullhorns, lie “outside the bounds of freedom of assembly and freedom of expression guaranteed under the Constitution.”

“The ruling conveys the court’s indignation over hate speech,” said a senior official at the Ministry of Justice about the provisional injunction going as far as to ban a planned hate speech demonstration in advance. The ministry was behind the submission of the anti-hate speech bill to the Diet.

Signs of change are also emerging in police responses over the issue. In step with the anti-hate speech law coming into effect, the National Police Agency issued a notice to prefectural police departments across the country asking them to strictly respond to hate speech demonstrations by making full use of existing legislation such as that against defamation and contempt.

Because the anti-hate speech legislation does not have any punitive provision or clause prohibiting such activities, it is impossible to crack down on hate speech with the law alone. It is said the use of roads for any demonstration must be granted in principle. Nonetheless, hundreds of riot police and other officers from Kanagawa Prefectural Police were mobilized at the site of the June 5 rally to prepare for any emergencies.

Yasuko Morooka, a lawyer who authored a book titled “Hate Speech towa nanika” (What is hate speech?), hails the anti-hate speech legislation, saying, “The law provides support for courts, local bodies and police in making a decision on their strict responses to hate speech.”

The new law, however, has its own limits. In order to provide relief to victims who suffered damage from hate speech, they still need to prove in detail violations of their personal rights and defamation, just as they needed to before the law came into effect. The June 2 provisional injunction banning a hate speech rally became viable as there existed crystal-clear damage in Kawasaki, where the organizers of the planned rally had repeatedly staged similar demonstrations on about a dozen occasions.

A senior Justice Ministry official said, “The court decision could be different if the expression used in the announcement for a hate speech demonstration was different. I’m not sure if the courts would issue a similar provisional injunction in other cases.”

ENDS

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

Original Japanese:
クローズアップ2016
ヘイトスピーチ 新法効果、行政・司法に
http://mainichi.jp/articles/20160606/ddm/003/040/070000c
毎日新聞2016年6月6日 東京朝刊

特定の人種や民族を地域社会から排斥することを扇動するヘイトスピーチの解消をうたった対策法が3日、施行された。ヘイトスピーチを伴う街宣活動(ヘイトデモ)について、川崎市内の在日コリアン集住地域での実施を禁じる司法判断が出るなど早くも新法の波及効果が出ているが、なお課題も残る。

厳しい対応、後押し
対策法施行後、最初とみられるヘイトデモが5日に予定されていた川崎市。主催者側は道路で行進しようとしたが、デモに反対する数百人の市民らが取り囲むなど騒然とした雰囲気に包まれ、約10メートル進んだところで警察の説得を受け入れて中止となった。

今回のデモを巡っては、横浜地裁川崎支部が2日、在日コリアンが多いエリアにある事務所から半径500メートル以内での実施を禁じる仮処分を決定。主催者側は場所などの計画の変更を迫られた。

こうした司法判断の先例としては、京都朝鮮初級学校(京都市)前での街宣活動を巡る京都地裁判決(2013年10月)がある。国連の人種差別撤廃条約を根拠に街宣を「人種差別」と指摘し、周辺での街宣禁止と損害賠償を「在日特権を許さない市民の会」側に命じた(最高裁で確定)。

2日の仮処分決定の特徴は、同条約に加えて先月成立したばかりの対策法を引用した点にある。対策法が定義するヘイトスピーチを「平穏に生活する人格権に対する違法な侵害行為」ととらえた上で、拡声機を使って大音量で繰り返すなどヘイトデモの違法性が著しいケースは「憲法が定める集会や表現の自由の保障の範囲外」と指摘した。デモを事前に差し止めるという踏み込んだ判断に、法務省のある幹部は「ヘイトスピーチに対する裁判所の憤りを感じる」との感想を漏らした。

警察の対応にも変化の兆しがみられる。警察庁は施行に合わせて、(名誉毀損(きそん)罪や侮辱罪などの)現行法を駆使してヘイトデモに厳しく対処するよう各都道府県警に通達。対策法は禁止や罰則がない「理念法」で、ヘイトスピーチ自体を取り締まることはできない。デモの前提となる道路使用も原則許可しなければならないとされる。それでも、5日の現場には、神奈川県警の機動隊員など数百人を動員し、不測の事態に備えた。

「ヘイト・スピーチとは何か」の著書がある師岡康子弁護士は対策法の意義について「裁判所や自治体、警察がヘイトスピーチに厳格に対処する判断の後押しになってきている」と語る。

もちろん、効果には限界もある。ヘイトスピーチの被害救済についても、被害者側が人格権侵害や名誉毀損などを具体的に証明する必要があるという状況は施行前と変わらない。2日の仮処分決定は、主催者側が過去十数回、市内で同種デモを繰り返しており、被害が明白だったことが差し止めを可能とした。

法務省幹部は「例えば、デモを呼びかける告知の表現が一つ違えば司法判断は変わりうる。他のケースで差し止めが認められるかは分からない」と言う。【鈴木一生、川上晃弘】

各自治体、試行錯誤 努力義務に温度差
法務省が3月公表した実態調査(2012年4月〜15年9月)によると、ヘイトデモの発生のピークは13、14年だが、「沈静化したとは言えない状況」にある。こうした中、スタートした対策法は国にヘイトスピーチ解消の責務を、自治体には努力義務を課しているが、その「努力」には温度差がある。

5日に中止となった川崎市内のデモでは、市は事前に、主催者側が集合場所として申請した公園2カ所の使用を許可しなかった。対策法が定義する「差別的言動」に当たると判断したためだ。市人権・男女共同参画室は「難しい判断だった。新法なしに不許可は出せなかった」。仮処分決定と同様、市が対策法の趣旨を最大限生かそうとしたことがうかがえる。

逆に、名古屋市では先月29日、同市中区の公園を出発点にヘイトデモが行われた。「(利用申請の)書類に不備がない」ことが許可の理由だった。河村たかし市長は翌日の記者会見で「何をしてもいいというわけではないが、表現の自由も大事」と述べた。

独自の取り組みを進める自治体もある。大阪市では7月1日、ヘイトスピーチ抑止に向けた全国初の条例が施行される。市に被害の申し立てがあれば、国際法学者や弁護士らでつくる審査会が「ヘイトスピーチに該当するか」を調査。答申を受けた市長が「該当する」と判断した場合、その内容と団体・個人名を市のホームページで公表する。ネット上の差別的な書き込みも施行日以降に残っていれば対象になる。吉村洋文市長は「法律は(被害者救済のための)具体的な措置がなく不十分。市条例には盛り込まれており、抑止になる」と強調する。【太田圭介、三上剛輝、岡崎大輔】

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

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Mainichi: After Osaka hate speech ordinance adopted, daily xenophobic marches decrease, hateful language softened

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Hi Blog. When Japan’s first actual law against hate speech was passed in January this year, critics (naturally) decried it as a means to stifle freedom of speech. I took exception to that, saying that it was a step in the right direction, at least. Recent articles in the Mainichi Shinbun seem to bear that out. Here is one of three, talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. Read on. Dr. ARUDOU, Debito

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

From:  JK
Hi Debito. Have a look here:

1 month after anti-hate speech law adopted, marches down, language softened
http://mainichi.jp/english/articles/20160724/p2a/00m/0na/003000c

“The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns.”

“Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.”

Seems like the law is doing a decent job of treating the symptoms, but is obviously unable to deal with the underlying problem due to the absence of an anti-racial discrimination law on the books.

In other news, the German Justice Minister wants harsher action against hate speech online:
http://www.breitbart.com/london/2016/07/19/german-justice-minister-harsher-action-hate-speech/

Regards, JK

Full article:

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

1 month after anti-hate speech law adopted, marches down, language softened
July 24, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20160724/p2a/00m/0na/003000c

A protest banner reading “sever Japan and South Korean relations” and a counter “anti-racism” protest’s banner written in English are seen in Chuo Ward, Tokyo, on June 19, 2016. (Photo credit: Mainichi)

One month after a new anti-hate speech law was put into effect, and following the introduction of the nation’s first local anti-hate speech ordinance in the city of Osaka on July 1, the Mainichi Shimbun investigated how much effect these new measures have had in putting an end to hate-speech protests.

A citizen’s group that accuses the Osaka ordinance of “discriminating against Japanese” and was planning a demonstration in front of the Osaka Municipal Office on July 12 listed the following among its notices for its demonstrators: “Please don’t use placards with extreme content,” and “No flags with swastikas or other things that will invite misunderstanding.”

The demonstration was canceled due to rain, so what exactly was meant by “extreme content” is unknown, but it seems likely the group was trying to limit language that insults and rejects ethnic Koreans in Japan.

Mun Gong Hwi, an ethnic Korean, is head of the secretariat of “Hate Speech o Yurusanai! Osaka no Kai” (don’t allow hate speech! Osaka group), which has applied based on the Osaka ordinance for recognition as a target of hate speech. Mun says, “In a street demonstration by a hate group in April, there was a moment when one participant started to use blatantly offensive language to attack Koreans, and the organizers hurried to stop them. The number of hate demonstrations has also fallen greatly since around the time of the ordinance taking effect.”

Under the Osaka ordinance, if the mayor authorizes it, individuals or groups that have conducted hateful behavior toward others can have their names publicized, but so far this aspect of the ordinance has not been used. Mun adds, “The drop in (hate) demonstrations may just be because they are watching to see how things develop.”

In Ginza, Tokyo, where since around last year there has been a marked increase in hate demonstrations, there have also been changes since the new legal measures. During a demonstration on June 19, instead of banners insulting Koreans, protesters carried banners calling for severing relations between Japan and South Korea, apparently having chosen to avoid ethnically-charged language and instead place emphasis on their political argument.

Masayuki Watanabe, associate professor at Daito Bunka University, who has been urging Ginza commerce and industry associations and the ward assembly to take action against hate speech, says, “The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns.”

The response of police and the government administrations to hate marches has also changed. On June 5, just after the execution of the new law, the Kawasaki Municipal Government refused to give permission for a park to be used for a protest targeting the social welfare corporation “Seikyu-sha,” which gives support to the many ethnic Koreans living in the city’s Sakuramoto district. Additionally, the Kawasaki branch of the Yokohama District Court called the hate speech demonstrations “an illegal violation of human rights” and prohibited them from being held near the Seikyu-sha building.

Kanagawa Prefectural Police gave permission for the demonstration to be held in a different street location, but protesters staged a sit-in. The police urged the organizers to call off the demonstration for safety reasons, and it was canceled.

Tomohito Miura, the head of Seikyu-sha’s secretariat, says, “Before the anti-hate speech law was created, the police wouldn’t even tell us the routes planned for the demonstrations, and it was we who were treated like an illegal group. The police wouldn’t protect us from hate demonstrations in our neighborhoods, and government services would say, ‘There is only so much we can do under the current law.’ We were on the receiving end of these three layers of damage.” He was complimentary, however, toward the efforts of government organs, the judiciary, police and citizens since the passage of the law, saying, “It is a definite step forward that we were able to stop the demonstration.”

While vulgar insults from these hate marches may be disappearing from the streets, the question remains whether the new law will be effective in combatting discrimination. In deference to the Constitution’s guarantee of freedom of speech, the law does not forbid anything or include any punishments, but it makes it the national government’s responsibility to set up help for victims of hate speech and to work to educate and provide awareness to the public to stop the speech from occurring. It also calls on municipal governments to work toward these goals. Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.

The Ministry of Justice’s Human Rights Bureau dispatched employees not only for the planned Kawasaki demonstration, but also for ones in the cities of Fukuoka and Osaka after the new law went into effect. Using tools such as videos and posters, they are trying to educate people about hate speech. However, the bureau emphasizes, “The law does not involve applying any kind of legal effect when there is a case of hate speech.”

Following the implementation of the new law, the Ministry of Education, Culture, Sports, Science and Technology instructed prefectural boards of education to take “appropriate responses.” When asked what kind of education is an appropriate response to the law, the ministry’s Social Education Division said, “Efforts that are adapted to the circumstances, such as whether there are many foreigners in an area, are needed. However, we mustn’t stir up settled problems through this education.” While there is some truth to what the division says, it does seem they are still trying to find their footing on how to proceed.

Will other parts of Japan do the same as the Osaka Municipal Government and establish local ordinances against hate speech? When asked about specific future policies on hate speech, the human rights and gender-equality section of the Kawasaki Municipal Government was tight-lipped, saying its policy was being carried out “at the discretion of the mayor.” When pressed, a representative said, “Regarding things like refusing permission to allow use of the park (for the hate demonstration), I hear there is a movement to sue the municipal government for discriminating against Japanese people. We don’t want to reveal our plans.” Apparently, like the demonstrators, the government side is watching to see what the other does.

If another hate demonstration is planned in Kawasaki, will the citizens have no choice but to stage a sit-in and wait for police intervention? Miura says, “The fact that police gave permission for the June demonstration to be held in the street shows the current limits (of the law). We can’t ask the police and government services to do everything. Next time, we will have to stop the demonstration in a different way. The work to overcome the limits of the law has just begun.”

Not limited to just fighting against hate speech, Miura says Seikyu-sha will work with the municipal government to advance effective ordinances and guidelines that promote the coexistence of different cultures.

Regarding the city of Osaka, which has its own anti-hate ordinance, Mun says, “We don’t yet know the extent of the effects of the anti-hate law or the ordinance. This is why we want to use the ordinance as much as possible and discover exactly what it can do and what it can’t. Based on that, if necessary, we want to pursue revision of the ordinance to restrict hate speech itself.” This position of wanting to observe what happens and then compensate for any deficiencies in the anti-hate legislation is one shared by Miura and the others at Seikyu-sha.

Always accompanying the hostile feelings of the hate demonstrations is the shadow of war. The targeting of the Sakuramoto area was triggered by a protest in September last year by elderly ethnic Koreans against the bills for the new security laws. Wearing traditional Korean garb, the protesters were based out of the “Fureai-kan,” a facility managed by Seikyu-sha.

“The hate demonstration was clearly in revenge for that,” says Miura.

One of the participants in the anti-security laws protest, first-generation Korean immigrant Kim Bang Ja, 85, is also a student of literacy at the Fureai-kan. She was about 5 when she came to Japan, following her father who worked in a coal mine in Yamaguchi Prefecture. Busy with looking after her younger sister and doing household chores, she says she was only able to go to school for about one year. When the anti-hate law was passed in May this year, she was sitting as an observer in the Diet. She wrote her impressions about the law in a composition in her literacy class.

After describing how she disliked being insulted with foul language, she wrote, “Let’s stop doing that kind of thing and get along.” Although overall the writing was inconsistent, for this part alone it was particularly large and strong.

“My hand was shaking because I was writing in ink,” says Kim, adding, “If people talk they can come to an understanding. We have to get along with each other and not hate others.”

Will these words get through to those who participate in the hate demonstrations? The first step to realizing the ideals put forward in the anti-hate law is surely having communication between the two sides.

ENDS
Japanese version:
==============================
特集ワイド
ヘイト対策法施行1カ月の現場を見る 差別許さぬ包囲網 デモ隊は規制警戒、侮蔑・排外的表現控え
毎日新聞2016年7月15日 東京夕刊
http://mainichi.jp/articles/20160715/dde/012/040/015000c

6月19日、銀座で行われたデモでは、「日韓断交」という標語が目立った。手前の沿道からは市民が「反レイシズム」と英語で書かれたプラカードを掲げ抗議した=東京都中央区で2016年6月19日、井田純撮影

特定の人種や民族に対しての差別的な言動解消を目指すヘイトスピーチ対策法施行から1カ月が過ぎた。1日には大阪市で全国初のヘイトスピーチ抑止条例が施行された。法律や条例といった規制で、差別はどこまでなくなるのか。ヘイトデモの現場を歩きながら考えた。【井田純】

「過激な内容のプラカードはご遠慮ください」「ハーケンクロイツ(ナチス・ドイツが用いたシンボルマーク)など、誤解を招くような旗は禁止」

大阪市ヘイトスピーチ抑止条例は「日本人差別法だ」と主張する市民団体が12日に市役所前で予定していた街頭宣伝活動の案内文には、こんな注意事項があった。活動は雨で中止になったため、「過激な内容」が何を意味するかは分からないが、在日コリアンを侮辱したり、排斥したりといった言動は控えようという姿勢がうかがえる。

「4月に市中心部で行われたヘイトグループの街宣で、参加者の一人が『朝鮮人が』と露骨な表現で攻撃を始めると主催者があわてて制止する場面があった。デモの回数も条例施行前後からめっきり減っています」

こう話すのは、抑止条例に基づき被害申し立てを行った「ヘイトスピーチを許さない!大阪の会」の事務局長で在日コリアンの文公輝(ムンゴンフィ)さんだ。条例は市長が認定すればヘイト行為をした個人名や団体名などが公表されるが、まだその条例適用事例はない。「デモが減ったのも、ただ単に様子を見ているだけかもしれません」

昨年あたりから、ヘイトデモが目立つようになった東京・銀座でも、変化が見られる。先月19日に行われたデモでは、在日コリアン罵倒のプラカードでなく、複数の「日韓断交」ののぼりが目立った。民族を排斥する表現を避けて、政治的主張に力点を置いたものと見られる。

銀座の商店会や区議にヘイト対策を働きかけている渡辺雅之・大東文化大准教授は「ヘイト側の考え方、中身は変わらないかもしれないが、少なくとも表面的には対策法の影響がうかがえる。主催者も、特に過激な発言が多い参加者には拡声機を持たせないようにしているようだ」と分析する。

警察や行政の対応も変わった。対策法施行直後の6月5日、在日コリアンが多く住む川崎市・桜本地区で、彼らの支援を続ける社会福祉法人「青丘社」をターゲットにしたヘイトデモ計画に対し、市は同所近くの公園利用の不許可を決定。横浜地裁川崎支部はヘイトデモを「人格権に対する違法な侵害行為」と認定し、法人近くでのデモを禁止した。神奈川県警は市内の別の地区で道路使用を許可したが、抗議する市民が座り込みを行い、安全上の理由から中止するよう県警が主催者に働きかけ、デモは中止になった。

「対策法ができる前は、警察からデモコースも教えてもらえず、こちらが不法集団のように扱われてきた。自分たちの生活圏で行われるヘイトスピーチ、人権被害から守ってくれない警察、『現行法でできることに限界がある』という行政。この『三重の被害』を受けてきたんです」。青丘社の三浦知人事務局長はこう振り返りながらも、法施行後の行政、司法、警察、市民による手探りの努力について「結果としてデモを阻止できたのは、確実な一歩です」と評価した。

口汚い罵倒は街頭から消えつつある。法で差別解消が実現されるのだろうか。

行政の限界、市民が埋める取り組み
対策法は、憲法が保障する「表現の自由」を尊重し、禁止規定や罰則のない理念法だ。運用については、相談体制整備や教育、啓発活動を国の責務とし、自治体にも同様の努力を求めている。抑止効果は、行為への取り締まりではなく、差別をなくす行政の政策にかかっているのだ。

法務省人権擁護局は、川崎のほか施行後に行われた福岡、大阪でのヘイトデモの現場周辺にも職員を派遣。映像やポスターなどを使った啓発活動を実施している。だが「具体的にヘイトスピーチにあたる行為があった場合、それに対して何らかの法律効果を生じさせる、という構成の法律ではない」と強調する。

対策法施行を受け、都道府県の教育委員会に「適切な対応」を求める通達を出した文部科学省。同省社会教育課に、どんな啓発教育が適切なのか聞くと、「外国人が多い地域かどうかなど、事情に応じた取り組みが必要。教育を通じて『寝た子を起こす』ことになってもいけない」との回答。一理あるが、まだ手探りの感は否めない。

大阪市のような条例制定の動きが、各地に広まっていくのだろうか。川崎市の人権・男女共同参画室に今後の具体的な施策を尋ねると、「市長判断で行われていることなので」と口が重い。食い下がると、「公園使用不許可などに関して、日本人を差別した、と市を相手取った訴訟を起こす動きもあると聞く。手の内を明かすようなことは……」と警戒心をあらわにした。相手の出方をうかがっているのは行政も同じようだ。

川崎市で再びヘイトデモが計画されたら、また、市民が道路に座り込み、県警の仲介を待つしかないのだろうか。前出の三浦さんは「6月のデモで、警察が道路使用を許可したことが今の限界を示している。何でも警察や行政に求めることはできない。今度は別の形で止めなければ。限界を埋める作業は始まったばかり」と話す。ヘイトスピーチ規制に限らず、多文化共生に向けた条例やガイドラインなど実効性のある取り組みを行政と連携しながら模索するという。

一方、独自に条例を持つ大阪市の今後について文さんは「どこまでが対策法の効果か、条例の影響かまだ分からない。だからこそ、我々は条例をできるだけ活用し、具体的にどんな効力を持つのか、どういう点で無力なのかを見極めていきたい。その上で、必要ならヘイトスピーチ自体を規制する条例改正も求めたい」と語る。実例を見ながら、対策法の不十分な領域を補っていこうという方向性は三浦さんたちと共通する。

在日1世「なかよくしよう」
ヘイトデモが起きる敵対感情には、戦争の影がつきまとう。桜本地区が標的になったのは、青丘社が運営する「ふれあい館」を活動拠点とする在日コリアンの高齢者が昨年9月、安全保障関連法案反対デモをチマ・チョゴリ姿で行ったのがきっかけだ。「ヘイトデモは明らかにその仕返しだった」と三浦さんは言う。

安保法案反対デモに参加した一人で、在日コリアン1世の金芳子(キムバンジャ)さん(85)は、ふれあい館の識字学級に通う生徒でもある。山口県の炭鉱労働者だった父を追って日本に渡ったのは5歳のころ。妹の子守りや家事で忙しく、学校には1年程度しか通えなかったという。対策法が成立した5月、国会で傍聴した時の思いを教室で書いた作文を見せてくれた。

汚い言葉でののしられるのは嫌だという気持ちの後に、「もうそろそろそんなことはやめにして、なかよくしましょうよ」とある。不ぞろいの文字は、ここだけひときわ大きく力強い。「墨で書いたから手が震えたよ」と恥ずかしがりながら、金さんは言った。「やっぱし人間は話せばわかる。人を憎まないで仲ようするしかない」

ヘイトデモに加わった人たちに、この言葉が届く日が来ると信じたい。対策法の理念を現実にしていく過程はきっと対話から始まる。
ENDS
///////////////////////////////////

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JT: Renho nationality furor exposes Japan’s deeply embedded gender bias

mytest

Hi Blog. Colin Jones has come up with another insightful column, with a legalistic spine, in regards to how Japanese nationality has historically been awarded (until 1985, through fathers only, not mothers) until it was challenged. And, true to their nature in Japanese jurisprudence, Tokyo courts sided with the status quo (of discriminating against international children with Japanese mothers), and it wasn’t until the Diet amended the laws before they changed their tune. Yet, as Colin points out, the stigma still remains, especially in light of the debate regarding DP leader Renho’s true “Japaneseness”, a dual-nationality flap that never should have been an issue in the first place, –regardless of whether you are proponent of single nationality or double (I fall in the latter camp). Read the article for a breathtaking tour through Japan’s convoluted legal logic. Dr. ARUDOU, Debito

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

Renho nationality furor exposes Japan’s deeply embedded gender bias
by Colin P.A. Jones, The Japan Times, Sept. 28, 2016
http://www.japantimes.co.jp/community/2016/09/28/issues/renho-nationality-furor-exposes-japans-deeply-embedded-gender-bias/

Excerpts germane to Debito.org:

In short, decades after her birth, Renho is still being punished for having a Japanese parent who was female rather than male. Renho’s case thus offers a stark illustration of the deeply rooted structural impediments faced by women in Japan even today.

It also demonstrates the Japanese establishment’s general inability to acknowledge the past. The fact that such blatant government-sanctioned discrimination existed until the 1980s simply disappears into the memory hole, a hole that probably exists because the people who ran Japan back then are essentially the same as those who run it today.

[…]

Grossly oversimplified, the [Tokyo] high court found that the Nationality Act provision granting citizenship to children of Japanese fathers but not mothers was constitutional because that is all it says. It doesn’t go on to actively declare that children born to a Japanese mother may not obtain Japanese nationality — that would be constitutionality problematic! In fact, the act specifies the special circumstances in which nationality could be obtained through a Japanese mother (such as when the father was unknown).

The ruling goes on to note that the Diet had a choice of a general rule recognizing birth nationality to children of a) Japanese fathers, b) Japanese mothers or c) Japanese mothers or fathers, and it chose option a). It could have chosen b) too, which would also have been constitutional (though the notion that the male-dominated Diet would have done so is laughable, of course).

Finally, the court turned to its own inadequacies: Even if it found the Nationality Act unconstitutional, it would not result in the plaintiff obtaining Japanese nationality. The law would just be void rather than construed the way the plaintiff desired.

As is so often the case with decisions like these, the courts were at pains to show that there was a layer of kindness and sensitivity between their staid, heartless exterior and staid, heartless center. The high court makes all sorts of comforting statements about how the gender preferences expressed in the Nationality Act may no longer be appropriate. The court also addressed the possibility that the child plaintiff might be left stateless (but did not bother to mention the real-life impact the Nationality Act had on stateless children fathered by U.S. military personnel, particularly in Okinawa). Specifically, it noted that the situation was “makoto ni ki no doku na koto de aru” — truly a regrettable thing. “But,” it continues, “tough luck.” (I am paraphrasing.)

The more decisions I read like this, the harder it is to avoid concluding that Japanese courts at the time didn’t care about people in general, children in particular, equal protection or possibly even the Constitution — at least not enough to actually do anything beyond stringing really complex sentences together. It would have been interesting to see how the Supreme Court ruled on the matter, but that appeal was rendered moot in 1984 when the Diet amended the Nationality Act to allow Japanese nationality to be obtained from a Japanese mother also.

Renho nationality furor exposes Japan’s deeply embedded gender bias

ENDS

Debito panelist on Al-Jazeera program “The Stream”: “The politics of identity in Japan” after Yoshikawa Priyanka’s pageant victory

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (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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AlJazeeraPriyankaDebito091416

The politics of identity in Japan
The conversation on race and ethnicity widens in the island nation.
Al-Jazeera.com Program “The Stream”, September 14, 2016
http://stream.aljazeera.com/story/201609131500-0025282

For the second year in a row, Japan has crowned a biracial woman the winner of a major beauty pageant, reviving a conversation in the island nation about race, xenophobia and what it means to be Japanese.

Japan is frequently labeled as one of the most homogeneous countries in the world, but some say this is a myth that discounts the minorities living there and stifles dialogue about discrimination in the country.

In May, Japan passed its first anti-hate speech law in an attempt to curb racism and xenophobia. While critics sceptical about the law’s effectiveness poked holes in the bill, many have applauded the government for taking steps toward addressing what they say is an often ignored issue.

Some have viewed Priyanka Yoshikawa’s Miss World Japan win as a sign the country is becoming more open to diversity. Others argue Japan has been open for a long time, and stories suggesting otherwise are reinforcing antiquated stereotypes. We discuss at 19:30 GMT.

On today’s episode, we speak to:

Priyanka Yoshikawa @Miss_priyanka20
Miss World Japan 2016

Baye McNeil @locohama
Author, columnist for The Japan Times
bayemcneil.com

Edward Sumoto @MixedRootsJapan
Founder, Mixed Roots Japan
mixroots.jp

Debito Arudou @arudoudebito
Author, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination
debito.org

Yuta Aoki @ThatYuta
YouTuber
youtube.com/YPlusShow

See it at http://stream.aljazeera.com/story/201609131500-0025282

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

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ABC NewsRadio Australia, Japan in Focus: The winner of Miss World Japan, Yoshikawa Priyanka, prompts another racial debate. Interviews Debito

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (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. ABC NewsRadio Australia interviews me again, this time about Yoshikawa Priyanka, second winner in a row (the first being Miyamoto Ariana last year) of a major national beauty pageant in Japan with mixed roots. Have a listen. Dr. ARUDOU, Debito

=========================
Japan in Focus: The winner of Miss World Japan prompts another racial debate and Japan warns that its businesses may withdraw from the UK after Brexit
http://www.abc.net.au/newsradio/content/s4535998.htm
Duration: 14:48, posted Sept. 12, 2016

ABC NewsRadio’s Eleni Psaltis presents Japan in Focus, a new program that takes a close look at significant political and cultural developments in Japan.

This week: For the second year in a row a bi-racial woman has won a beauty pageant in Japan, prompting a racial debate; Japan has issued a warning that its businesses may withdraw from the UK once it leaves the European Union; and the Japanese telecoms giant Softbank has bought the British smartphone chip-designing company ARM for more than $30 billion.

Eleni Psaltis speaks to Dr Debito Arudou from the University of Hawaii; Nigel Driffield, a Professor of international business at Warwick business school in the UK; and Dr Harminder Singh, a senior lecturer in Business Information Systems at the Auckland University of Technology in New Zealand.

http://www.abc.net.au/newsradio/content/s4535998.htm

==========================
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Finger Lakes Times: Former Genevan, now a Japanese citizen and author, details his experiences in book on racism in Japan

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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Hi Blog. My old hometown newspaper in Geneva, NY, interviewed me for a local article. Dr. ARUDOU, Debito

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

Former Genevan, now a Japanese citizen and author, details his experiences with racism in the Land of the Rising Sun
By NEETU CHANDAK fltimes@fltimes.com Jul 28, 2016
http://www.fltimes.com/news/former-genevan-now-a-japanese-citizen-and-author-details-his/article_7269d474-54d5-11e6-a849-8b18c5331a1a.html

“It’s very subtle, like slow-burning acid, but once you realize it, you become pigeon-holed.”

This is how Debito Arudou, formerly Dave Aldwinckle of Geneva, describes the subtle racism in Japan in his highly acclaimed book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.” It was published late last year.

In 1999, Arudou and his children were denied access to a public bathhouse in Japan. Bathhouses there are family affairs; under the law, all Japanese citizens have the right to enter such places.

Arudou and an international group consisting of Americans, Japanese, Chinese and Germans went to the bathhouse to investigate. It turned out that people who did not look Japanese, even if they were citizens, were being denied access.

“I speak, read and write in Japanese. I’m also a naturalized citizen of Japan,” Arudou explained. “What more do I need to do to be considered as a Japanese?”

Arudou admits he had his work cut out for him: to expose his experiences, to shed light on how discrimination hurts, and to pursue what can be done to stop it.

“Every society has racism, and we need to end it because racism places a trail for others to hurt people based on appearances,” he said.

Is it possible to eradicate racism? Arudou believes so.

He said understanding how racism works can help lawmakers create policies that can tackle the issue. Arudou’s theory is that racism is a three-step process: differentiation, othering and subordination.

Differentiation is recognizing the differences of others based on skin color, socioeconomic status and other factors. This is done as a natural process to group people.

Othering is believing that a certain group of people are “not like us,” the us-vs.-them mentality.

Subordination is the process of building walls for those who are not like a certain group to block opportunities.

Simply understanding the process of racism and discrimination is not the end-all, be-all solution, Arudou cautioned. Actively taking steps to alleviate the situation is the right start.

“Stop judging others,” he said. “Instead of basing our perceptions on looks, we need to individualize it. Get to know the person.”

Many research institutions have made Arudou’s book a part of their libraries, including Cornell University.

Arudou said he “definitely” has some future book-writing ideas in mind — but for now, they’re a secret.

=================================
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Nikkei Asian Review wrongly reports “Japanese law requires hotels to check and keep copies of foreigners’ passports”. Corrected after protest, but misreported text still proliferates

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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Hi Blog. Check this article out, put out by the Nihon Keitai Shinbun (Japan’s WSJ):

/////////////////////////////////////////
Japan to allow fingerprint authorization for visitors
Nikkei Asian Review, July 24, 2016
http://asia.nikkei.com/Business/Companies/Japan-to-allow-fingerprint-authorization-for-visitors
(Original text below courtesy of http://www.anirudhsethireport.com/japan-allow-fingerprint-authorization-visitors/, and numerous other websites found by Googling the article title, demonstrating how reported misinformation proliferates across the media and becomes the narrative.)

Visitors to Japan will be able to use their fingerprints instead of passports to identify themselves at some hotels thanks to technology introduced by a Tokyo venture.

With financial help from the economy and industry ministry, Liquid will start offering a fingerprint-based authorization system by March in a bid to increase travel convenience. Some 80 hotels and Japanese-style inns in major tourist spots like Hakone and Atami, two hot spring resort areas not far from Tokyo, will be among the first to install the system. More inns and hotels will follow.

The ministry will cover part of the installation costs.

Visitors to Japan can register their fingerprints along with their passport information in their home countries or at registration spots at airports or elsewhere in Japan. Foreign travelers can then identify themselves at a hotel’s front desk by waving their fingers over a contactless device.

Japanese law requires hotels to check and keep copies of foreigners’ passports. But the economy ministry and the ministry of labor have decided to treat “digital passports” as legitimate alternatives.
/////////////////////////////////////////
ENDS

Debito.org Reader XY found this article and wrote to the Nikkei for a correction. Their response, and his original post, follow:

==================================
From: NAR Customer Support <nar-inquiry@nex.nikkei.co.jp>
Subject: 00004389 – Editorial
Date: August 4, 2016 at 15:23:58 GMT+9
To: XY, XXXX University

Dear Customer,

Thank you for your inquiry. This is Nikkei Asian Review (NAR) Customer Support.

Please find our editorial team’s answer as follows.
Thank you.

Best regards,

Nikkei Asian Review
Customer Support

————————————————————–
Thank you so much. We will check the Ryokan Law and see if we need to change the sentence.
—————————————————————

Your inquiry:
—————————————————————
This article contains an incorrect statement: “Japanese law requires hotels to check and keep copies of foreigners’ passports.” In fact, Japanese law requires hotels to check the passports of foreigners who don’t have an address in Japan:

For details, including a quote of the relevant Japanese law go to

https://www.facebook.com/Kumamotoi/posts/1091156614291103

The most important point is that the law does not apply to all foreigners but to foreign tourists who do not have an address in Japan. This is a matter of concern to many who live in Japan and occasionally are asked for passports based on a misunderstanding of the law. A second point is that keeping copies of passports is not mentioned in the law — it is a directive from the police. The law only calls for keeping records.

Would you consider correcting the article?

XY, XXXX University
==================================

COMMENT: As you can see by following this link to the new article, Nikkei corrected it to remove the last paragraph entirely — and that’s about as close as we’ll ever get to them admitting they made a mistake. But as we’ve written here many times before, the National Police Agency and its branches keep lying about their lawgiven powers regarding tracking foreign guests at Japanese hotels. XY wonders if somebody at the NPA wasn’t involved in creating this misinformed article. It wouldn’t be the first time, and a recent (and very funny) article came out over the weekend describing how the Japanese Police have historically stretched laws to outlaw public behavior they basically just personally disliked. Just another example of how Japan is actually a mild (or sometimes not) police state.  And that’s even before we get to the whole issue of re-fingerprinting NJ and the flawed reasoning behind it.  Dr. ARUDOU, Debito

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

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Japan Center for Michigan Universities (Hikone, Shiga Pref.) sponsors July 23 lecture by Japan’s first Muslim lawyer Junko Hayashi, on Islam and issues faced by Muslims in Japan

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (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. Passing this information and flyer along upon request as a matter of record. Attend the talk.  Dr. ARUDOU, Debito

=========================
The Japan Center for Michigan Universities (JCMU) in Hikone, Shiga Prefecture, is proud to welcome Junko Hayashi, Japan’s first female Muslim attorney, to speak about Islam and the issues faced by Muslims in Japan. In a recent court battle, Ms. Hayashi represented Japanese Muslims that were being watched by the Japanese government for no reason other than they are Muslims. The surveillance of these Japanese citizens came to light after information gathered by police was accidentally leaked on the Internet. Japanese courts ruled that there was no constitutional violation and that the threat of international terrorism outweighed any privacy right held by the plaintiffs.

Muslim culture is an important part of Michigan culture, making JCMU the ideal place to host this event. JCMU is also a place where people from many different cultures come together to learn about culture and language while exchanging ideas that make our world a better place. It is JCMU’s hope that the Islamophobia gripping much of the Western world can be avoided in Japan through education and mutual understanding.

Ms. Hayashi will present at JCMU (1435-86 Matsubara-Cho, Hikone-Shi, Shiga-Ken 522-0002) on July 23, 2016 in both English and Japanese. People interested in attending the lecture can register by email at register@jcmu.org. The English language lecture will start at 17:00, with the Japanese lecture following at 19:00. Admission is free.  For further information about JCMU and its programs please see our website English website at jcmu.isp.msu.edu and our Japanese website at www.jcmu.net.
=========================

As the requester notes:  “Thank you so much for helping us get the word out. With the recent terror attacks in Bangladesh I fear the worst for the rise of Islmaophobia in Japan. The Japan Times just posted an article about the Muslim surveillance case last night. http://www.japantimes.co.jp/community/2016/07/13/issues/shadow-surveillance-looms-japans-muslims/ It would be great if we could get the Japan Times down here to hear the lecture.”

Flyer:Islam in Japan Flyer072316

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

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One reason why human rights are not taken seriously in Japan: Childish essays like these in the Mainichi.

mytest

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Hi Blog.  The discussion about Japan’s recent passage of a hate-speech law continues.  An article recently appeared in the Mainichi, about which Debito.org Reader JK said when submitting, “I don’t recall ever seeing anything this cut-and-dry; it’s a nice change.”

Have a read, then I’ll comment:

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

Kaleidoscope of the Heart: Discrimination has no place in Japan
June 12, 2016 (Mainichi Japan), courtesy of JK
By Rika Kayama, Psychiatrist
http://mainichi.jp/english/articles/20160612/p2a/00m/0na/003000c

The so-called anti-hate speech law has come into force.

When I first saw a hate speech demonstration, with marchers barking vicious slogans aimed primarily at Japan’s Korean residents, I could barely believe my eyes. On the internet, too, people toss out discriminatory comments against other foreign citizens, against Japan’s Ainu and Okinawan peoples, against those receiving welfare benefits and the disabled. There are those who spread false rumors that these people are getting unfair financial aid.

The new hate speech law is what you might call a “principle law,” as it has no provisions for punishing violators. Furthermore, it only protects “those originally from nations outside this country” who are “living legally in Japan.” As such, it does not outlaw discrimination against Japanese citizens or foreigners applying for refugee status, among other groups. However, the supplementary resolution that accompanied passage of the law states, “It would be a mistake to believe that discrimination against groups not specifically mentioned in the law is forgivable.” I suppose we can say that the Diet essentially stated, “Discrimination is unforgiveable in Japan.”

In fact, I have a lot of people struggling with discrimination come to my practice; people discriminated against because they are foreigners, because they are ill, because they are single mothers. Some are treated unfairly at work or in the areas where they live, are looked upon with frigid eyes that seem to say, “You are not like us,” all for some aspect of themselves that they cannot change.

What’s more, the reasons given for this prejudice are usually untrue. For example, the romantic partner of one of my patients didn’t want to get married “because depression is inherited.” This is simply not true, and in the end I had the couple come in together to explain things. When the session was done, the reluctant party was reluctant no more, leaving with a smile and promising to “explain this to my parents as well.” Arbitrary “those people are all so-and-so” labels are very often founded on basic errors of fact.

I have read a paper based on research conducted outside Japan that showed that ethnically diverse workplaces produce more creative ideas than those dominated by a single race or nationality. In contrast to working with people who understand one another from the get-go, getting people with wildly varying perspectives and ways of thinking together in one place apparently sparks the easy flow of groundbreaking ideas.

So, talk to someone different than yourself. Even if that’s impossible right away, you will come to understand one another somehow. It’s time to put an end to knee-jerk hatreds, to discrimination and pushing away our fellow human beings. With the new hate speech law, Japan has finally become a country where we can say, “We will not tolerate discrimination.” (By Rika Kayama, psychiatrist)  ENDS

Japanese version

香山リカのココロの万華鏡
脱差別 日本も仲間入り /東京
毎日新聞2016年6月7日 地方版
東京都
http://mainichi.jp/articles/20160607/ddl/k13/070/107000c

いわゆるヘイトスピーチ対策法が施行された。

主に在日韓国・朝鮮人の方に対して差別的言動を大声で叫びながら集団で道路を歩くヘイトスピーチデモを最初に目にしたときは「まさかこれが現実とは」を目を疑った。さらにネットには、ほかの国の人たち、日本人であるアイヌ民族や沖縄の人たち、生活保護を受給していたり障害を持っていたりする人たちに対しても、平気で差別の言葉を投げかけたり「不当に手当をもらっている」といったデマを拡散したりする人たちがいる。

今回の法律は理念法と呼ばれ、実際にそれを破った人に罰則を与えるものではない。また、その対象が「本邦外出身者」「適法に日本に居住する人」となっているので、日本人で差別を受けている人や難民申請をしている人などは該当しないことになっている。ただ、法律とともに出された「付帯決議」には「定義以外のものであれば差別は許されるというのは誤り」とあり、国会が「日本では差別は許さない」と認めたと考えてよいだろう。

診察室にも差別で苦しむ人は大勢やって来る。外国人だから、病気を持っているから、シングルマザーだから。本人にはどうしようもないことで「あなたは私たちとは違う」と白い目で見られ、職場や地域で不利な扱いを受けることもある。

しかもたいていの場合、差別の理由として考えられていることは間違いだ。たとえば、「うつ病は遺伝するから」と結婚に反対された患者さんがいたが、婚約者にも来てもらってそれは誤りであることを丁寧に説明したら、「わかりました。両親にも説明します」と明るい顔でこたえてくれた。「あの人はこれこれだから」という決めつけのほとんどは、こういう単純な間違いに基づいている。

海外の研究で「ある会社で、同じ国籍、民族の人ばかりの部署より、多様な人々が集まった部署のほうが創造的なアイデアが多く出た」という論文を読んだことがある。いろいろな考え、立場の人たちと一生懸命コミュニケーションするほうが、最初からわかり合っている関係で仕事をするよりも、刺激が多く画期的な意見が出やすいというのだ。

自分と違う人と話そう。すぐには無理だとしても、なんとかわかり合おう。最初から毛ぎらいしたり差別して追い出したりするのは、もうやめよう。法律ができたことで、ようやく日本も「私たちは差別を許さない」と宣言する国の仲間入りができた。(精神科医)ENDS

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

COMMENT:  While this article is well-intentioned, and says most of the things that ought to be said, the tone is pretty unsophisticated (especially if you read the Japanese version — the English version has been leveled-up somewhat).  I have always found it annoying how discussions of human rights in Japan generally drop down to the kindergarten level, where motherly homilies of “we’re all human beings”, “let’s just get along” and “talking to somebody different will solve everything” are so simplistic as to invite scoffing from bigots who simply won’t do that.

I know this comment sounds unkind towards an author who is trying to promote kindness, but this article is not much of a public policy statement for suggestion of enforcement.  And based upon this, I doubt that if the author had ever been part of a government shingikai on this issue that she would have come up with anything more than slogans, bon mots, patient anecdotes, and vague guidelines instead of actual legal and sociological arguments (strong enough to convince even the bigots) for why discrimination is a bad thing for a society and how it can be stopped.

For example, you simply cannot cite a (unknown) paper without more detail and expect it to stand without contrarians easily saying, “Well, that’s overseas, and we’re unique, special Japan, and that doesn’t apply here when foreigners aren’t real minorities or residents anyway.”  While I’m glad that Japan, through this non-punitive hate-speech law, now has a statement of intolerance towards intolerance, this essay doesn’t really build upon it.  Let’s not get all motherly in tone.  Let’s get serious and write about how people who express public hatred towards entire peoples should be publicly punished for it.  Dr. ARUDOU, Debito

Ten years of Debito.org’s Blog: June 17, 2006. And counting.

mytest

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Hi Blog. I just wanted to say that today (June 17, 2016) marks the Tenth Anniversary of founding of the Debito.org Blog (as opposed to the Debito.org Website, which has been in existence this year for 20 years).

We’ve done a lot. As of today, Debito.org has 2605 blog posts, 29,537 read and approved comments from Debito.org Readers, and probably around a hundred published articles archived with links to sources here. It has been the archive for at least one Ph.D. research, and cited as the source for many more publications by independent scholars, researchers, and journalists.

The award-winning Debito.org website remains the online domain of record concerning human rights for Non-Japanese residents and Visible Minorities in Japan, and long may it continue.

Sincerely yours, Dr. ARUDOU, Debito

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Japan Times JUST BE CAUSE 98, “Ibaraki Police still unfettered by the law, or the truth”, June 6, 2016 (UPDATED with links to sources)

mytest

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JUST BE CAUSE
justbecauseicon.jpg

Police still unfettered by the law, or the truth
Repeat-offender Ibaraki force called to account for backsliding on the issue of hotel snooping
By Debito Arudou.  Column 98 for The Japan Times Community Page, June 6, 2016 Version updated with links to sources.
http://www.japantimes.co.jp/community/2016/06/05/issues/japans-police-still-unfettered-law-truth/

Japan’s police are at it again: Lying about the law.

A reader with the pseudonym Onur recently wrote to me about his experience in the city of Mito, Ibaraki Prefecture, when he checked into a hotel. Even though Onur clearly indicated he was a legal resident of Japan with a domestic address, clerks demanded he present his passport for photocopying. They pointed to a sign issued by the Ibaraki Prefectural Police.

IbarakipolicehotelposterApr2016
But that poster has three great big stripy lies: 1) “Every foreign guest must present their passport” 2) “which must be photocopied” 3) “under the Hotel Business Law” — which states none of these things. Not to mention that Japan’s registered foreign residents are not required to carry around passports anyway.

What’s particularly egregious about this sign is that the Japanese police know better — because we told them so a decade ago.

The Japan Times first exposed how police were stretching their mandate in “Creating laws out of thin air,” Zeit Gist, March 8, 2005, and, later, two updates: “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” Just Be Cause, July 6,2010.

It made an impact. Even the usually noncommittal U.S. Embassy took action, posting in their American Community Update of May 2005:

“After we sought clarification, according to the Environmental Health Division, Health Service Bureau, Ministry of Health, Labor and Welfare, the new registration procedure at lodging facilities does not apply to foreigners who are residents of Japan but only to tourists and temporary visitors. If you write a Japanese address on the check-in sheet, hotels are not supposed to ask for your passport.”

Right. So why do the Ibaraki police still feel they can lie about the laws they are entrusted to uphold?

Because … Ibaraki. I’ll get to that shortly…

But back to Onur, who also took action. He stayed an extra day in Mito and raised the issue with local authorities:

“I went to Mito City Public Health Department (Hokensho), who were very helpful, and confirmed that as a resident I need not show ID at hotels. Then I showed them the poster from the Ibaraki police department. Surprised, they said they had never seen this poster before, and the police had not contacted them about it. They said it is clearly different from the real law, especially the bit about ‘every foreign guest.’

“The Hokensho added that the police have become stricter because of the G-7 (Ise-Shima) summit and 2020 Tokyo Olympics. They said they would check the hotel and inform me of the result.”

But Onur wasn’t done yet: “Then I talked with two officers at the Mito City Police Department’s Security Division. They listened without making any comments. I showed them an official announcement from the Health Ministry and said that their poster is clearly different.

“The police read the ministry announcement and took notes like they were unaware of the law, asking questions like ‘Do the other hotels in other parts of Japan ask for your ID card?’ and ‘Isn’t checking the ID card necessary to confirm that a foreigner really has an address in Japan?’ I offered the contact number at Health Ministry for more information, but they said it wasn’t necessary. Finally, I asked them to fix their poster. They said they would check the law and behave accordingly.”

Shortly afterwards, Onur got a call from the Hokensho: “They checked my hotel and saw the poster was now changed. It seems the Ibaraki police had printed a new one and distributed it to all hotels within a few hours! The Hokensho said the new poster clearly states ‘foreign nationals who do not possess an address in Japan,’ which follows regulations. They said the police warned the hotel not to make the same mistake again. Finally, they thanked me for informing them about this problem.”

Well done. It’s satisfying to have others retrace our steps and get even better results. It’s just a shame that he should have to.

However, two issues still niggle. One is that photocopying requirement, which, according to The Japan Times’ own legal columnist, Colin P. A. Jones, may also be questionable:

“According to the Personal Information Protection Act (Kojin Joho Hogo Ho), the hotel should explain to you why they are collecting personal information from you, which is what they are doing if they take a copy of your passport,” Jones said in an email. “So if they can confirm that you are a resident of Japan by looking at your residence card or driver’s license, they do not need to take a copy because they have confirmed that the Hotel Act no longer applies. If they take a copy they are collecting personal information beyond what is necessary for the expressed purpose. In my experience, once you point this out, hotel staff then start mumbling about ‘their policies,’ but of course those don’t trump the law.”

Second issue: Ibaraki.

Ibaraki is where cops take local grumps seriously when they report a “suspicious foreigner” standing near JR Ushiku Station — seriously enough to arrest him on Aug. 13, 2014, for not carrying his “gaijin card.” Well, that “foreigner” turned out to be a Japanese, and Japanese are not required to carry ID. Whoops.

Ibaraki is also the site of a mysterious and under-reported knife attack on Chinese “trainee” laborers (the Japan Times, Feb. 23, 2015), which resulted in an as-yet-unresolved[*] murder. (Funny that. Imagine the media outcry if foreigners had knifed Japanese!)

Do Ibaraki police have anything to do with this? Actually, yes.

Ibaraki police have posted in public places some of Japan’s most militantly anti-foreign posters. I mean this literally: Since 2008, at least three different versions have depicted cops, bedecked in paramilitary weaponry, physically subduing foreigners. The slogan: “Protect (Japan) by heading (foreigners) off at the shores.”

Ibaraki police have also offered the public online information about “foreign crime infrastructure,” as if it’s somehow separate from or more ominous than the yakuza. They claim that foreigners are responsible for drugs, illegal medical activities, underground taxis, false IDs — and paternity scams to get Japanese citizenship. And, conveniently, the National Police Agency argued within its 2010 white paper that foreign crime infrastructure “cannot be grasped through statistics” (see “Police ‘foreign crime wave’ falsehoods fuel racism,” JBC, July 8, 2013). It’s enough to make the public paranoid.

And Ibaraki is a strange place for such militancy. It does not have a particularly high concentration of foreigners. Except for, of course, those behind bars at Ibaraki’s Ushiku Detention Center.

Japan’s infamous immigration detention centers, or “gaijin tanks,” are where foreign visa overstayers and asylum seekers are left to rot indefinitely in what Amnesty International in 2002 called “secret detention facilities.” Gaijin tanks don’t get the oversight governing Japan’s prisons because the former do not officially qualify as “prisons.” They’re pretty bad places to be.

And Ushiku’s gaijin tank is notoriously bad. It has made headlines over the past decade for drugging and subjecting detainees to conditions so horrendous that they have gone on hunger strikes, committed suicide or died having received improper medical care and under other mysterious circumstances.

Therein lies the point I keep banging on about in this column: What happens when racial discrimination is left unrestrained by laws? It just gets normalized and embedded.

Treating people badly without official checks and balances eventually makes abuse tolerated and ignored — like background radiation. And, fueled by the innate fear of The Outsider, the abuses just get worse and worse. Because they can.

In this case, the unfettered xenophobia radiating from the Ushiku Detention Center, Ibaraki’s fast-breeder reactor of foreigner dehumanization and abuse, has clearly corroded Ibaraki police’s judgment — to the point where they feel they can outright lie about the laws they are supposed to enforce, and have their propaganda irradiate hotels, street-corner busybodies and the general public.

It’s time for people to realize that Japanese police’s free rein to maintain our allegedly “safe society” has limits. For officially treating an entire people as potentially “unsafe” is dangerous in itself.

Ibaraki Prefecture thus offers a fascinating case study. Of what happens to a neighborhood when xenophobia goes beyond the occasional international summit or sports event, and becomes regularized into official extralegal standard operating procedure.

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

Debito’s latest project is the mockumentary film “Go! Go! Second Time Gaijin,” which is now being funded on Kickstarter. Twitter @arudoudebito. Send all your comments and story ideas to community@japantimes.co.jp.

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

[*]  Correction:  According to Chinese media translated into Japanese, the abovementioned knife attack and murder of Chinese “Trainees” has resulted in the arrest of 5 Vietnamese nationals:

日本の中国人技能実習生、ベトナム人5人に包丁で襲われ1人死亡1人負傷=茨城県警察は殺人と殺人未遂容疑で逮捕―中国紙
http://www.recordchina.co.jp/a114724.html

2015年7月23日、人民日報(電子版)は日本の報道を引用し、中国人技能実習生を殺害したとして、茨城県警察が殺人と殺人未遂の容疑でベトナム人5人を逮捕したと伝えた。

警察によると、今年2月22日午後9時40分ごろ、当時農業技能実習生だった中国人の孫文君(スン・ウェンジュン)さん(33)は茨城県鉾田市の路上を同僚と歩いていた際、包丁を持ったベトナム人の男女5人に襲われた。

これにより孫さんは死亡し、もう1人の中国人技能実習生も負傷した。その後の調査で、ベトナム人男女らの中には元農業技能実習生もおり、警察は動機などについて調べを進めている。(翻訳・編集/内山)ENDS

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April 15, 1996: Twenty years of Debito.org. And counting.

mytest

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Hi Blog.  As of today (JST), Debito.org has been in action for twenty years.

That means two decades of archiving issues of life and human rights in Japan.

After starting out as an archive of my writings as Dave Aldwinckle on the Dead Fukuzawa Society (an old-school open mailing list that once boasted some of the biggest names in Japanese Studies as members, but eventually succumbed to a death by a thousand spammers), Debito.org, with assistance from internet mentors like Randal Irwin at Voicenet, soon expanded to take on various contentious topics, including Academic Apartheid in Japan’s Universities, The Gwen Gallagher Case, The Blacklist (and Greenlist) of Japanese UniversitiesThe Community in Japan, The Otaru Onsens Case, the Debito.org Activists’ Page and Residents’ Page, book “Japanese Only” in two languages, the Rogues’ Gallery of Exclusionary Establishments (which became the basis of my doctoral fieldwork), racism endemic to the National Police Agency and its official policies encouraging public racial profiling, the “What to Do If…” artery site, our “Handbook for Newcomers, Migrants and Immigrants to Japan” (now in its 3rd Edition), the overpolicing of Japanese society during international events, the reinstitution of fingerprinting of NJ only at the border, the establishment of the Foreign Residents and Naturalized Citizens Association (FRANCA), the 3/11 multiple disasters and the media scapegoating of foreign residents (as “flyjin”), the archive of Japan Times articles (2002- ) which blossomed into the regular JUST BE CAUSE column (2008- ), and now the acclaimed academic book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books 2016).

Debito.org has won numerous awards, been cited in publications worldwide, and its work noted in reports from organizations such as the US State Department and The United Nations.  With thousands upon thousands of documents and reference materials, Debito.org remains one of the oldest continuously-maintained websites on Japan.  It is THE website of record on issues of racial discrimination and human rights for Visible Minorities in Japan, and, for some, advice on how to make a better, more stable, more empowered life here.  It has outlasted at least two stalker websites, a faux threat of lawsuit, an insider attempt to artificially set its Google Page Rank at zero, and cyberhackings.  And it will continue to go on for as long as possible.

I just wanted to mark the occasion with a brief post of commemoration.  Thank you everyone for reading and contributing to Debito.org!  Long may we continue.  Dr. ARUDOU, Debito

P.S. Let us know in the comments section which part(s) of Debito.org you’ve found helpful!

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

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Onur update: Ibaraki Pref. Police lying on posters requiring hotels to inspect and photocopy all foreign passports; gets police to change their posters!

mytest

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Hi Blog. Debito.org Reader Onur updates his post here last month about discrimination at Japanese hotels being, in one case, coin-operated (where all “foreign guests” are unlawfully forced to provide photocopies of their passports, moreover at their own expense) at police behest. Now he gets to the bottom of police chicanery in Mito, Ibaraki Prefecture, where he catches them in an outright lie. Three lies in one police notice, as a matter of fact. Read on:
//////////////////////////////////////////////////

April 12, 2016
Hello Dr. Debito,

I have some news on the passport copy rule in the hotels, which shows the role of the local police in the unnecessary checking and copying of ID cards of foreigners living in Japan. Last weekend I stayed at Mimatsu Hotel in Mito City, Ibaraki Prefecture. I wrote my Japanese address to the guest registration form during check-in.

However, the reception asked for my passport. I said I don’t carry my passport and they said any ID card like driver’s license is OK. Although showing is not necessary, I showed them my residence card with my address and permanent resident status on it. They said that they must copy the card. I asked the reason. They said that it is the rule of the hotel(!) and also the law of Japan to copy the ID of all foreigners. I was surprised to hear that also the hotel has such rule in addition to the law of Japan! I said that according to law it is not necessary and they are not allowed to copy my card, but they insisted they must copy.

They showed me a poster on the wall. The poster prepared by the Mito City Police Department Security Division was saying that “Japanese law requires that we ask every foreign guest to present their passport, photocopy of which we keep on file during their stay with us”. I said that the real law is different and showed them the copy of https://www.city.shinjuku.lg.jp/content/000062471.pdf . After seeing the document, they reluctantly allowed me to stay.

I said that I will inform this incident to Mito City Public Health Department (保健所), which has authority over the hotels regarding the implementation of laws. The next day during the check-out I asked the receptionist of the hotel to take a photo of the poster prepared by the Mito City Police Department to check it in detail. The receptionist gave permission so I took the photo of the poster and printed it at an Internet Cafe. I am sending the poster as an attachment.

IbarakipolicehotelposterApr2016

[CAPTION COMMENT FROM DEBITO:  Note the three official lies in this official poster issued by the Ibaraki Police:  1) Japanese law requires every foreign guest to present their passport (no:  every foreign tourist without an address in Japan); 2) the requirement of photocopying (which is stated nowhere in the law), and 3) their citation of the Hotel Business Law, which states none of this.]

It was Sunday and all public offices were closed, so I cancelled my bus reservation by paying cancellation fee and stayed one more day in Mito, which cost me lots of money. In Monday morning, I went to Mito City Public Health Department (保健所), because when I had called the Health, Labour and Welfare Ministry to learn more about the law, they had told me to inform the Public Health Department of the city in case a problem occurs in a hotel.

The officers at Public Health Department were very helpful. They said that as I have an address in Japan, I do not have to present my ID to the hotel. I showed them the poster of the police department. The officers were very surprised. They said that they have never seen this poster before and also the police did not contact the Public Health Department regarding the poster. They said that the explanation in the poster is clearly different from the real law, especially the English translation which says “every foreign guest”. They commented that the police is becoming more and more strict since last year because the G7 Summit and Tokyo Olympics are approaching. Finally, they said that they will check the hotel and inform me about the result.

As a final step, I went to the Mito City Police Department. I said I want to learn more about their poster. Two police officers from the security division came. I told them the incident at the hotel and informed them about the result of my call to Health, Labour and Welfare Ministry and my visit to Public Health Department regarding the law. They listened without making any comments. I showed them the official announcement of the ministry at https://www.city.shinjuku.lg.jp/content/000062471.pdf and said that their poster is clearly different. They took notes like the number of the law as if they are not aware of the law and they read the announcement of the ministry. They asked questions like “Do the other hotels in other parts of Japan ask your ID card? Isn’t checking the ID card necessary to confirm that a foreigner really has an address in Japan?” I answered their questions and asked them to contact the ministry for detailed information. I said I called the ministry, so I can give the phone number of the ministry if they want. They said it is not necessary. Finally, I said please fix your poster. They said they will check the law and behave accordingly.

In the afternoon, I had phone call from the Public Health Department. They said they went to the Mimatsu Hotel to check it and saw that the poster on the wall of the hotel has changed. It seems that the police department printed a new poster and distributed to all hotels only in a few hours after I left the police department! They said the new poster clearly states “foreign nationals who do not possess an address in Japan”, so complies the regulations. They said they informed the hotel about the laws and regulations and warned the hotel to not to the same mistake again. Finally, they thanked me for informing them about this problem.

[REQUEST FROM DEBITO:  Any readers near or in Mito who can drop by a hotel and take a picture of the new notice for us?  Thanks.]

In short, if you ever encounter such a problem with a hotel, go to the local Public Health Department (保健所). They were very helpful and quick. If the problem is due to the police (not a misunderstanding of the hotel management), do not hesitate to go to the police department.

Regards, Onur

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

COMMENT:  Ibaraki sure seems to have it in for foreigners.  Check out these past notices from their police forces:

From “Update: Ibaraki Police’s third new NJ-scare poster”
Debito.org, July 29th, 2009
http://www.debito.org/?p=3996

ibarakiposterjuly20092

From “Ibaraki Pref Police put up new and improved public posters portraying NJ as coastal invaders”
Debito.org, November 20th, 2008
http://www.debito.org/?p=2057

dsc00002

IbarakiNPAposter07.jpg

And how about these Debito.org entries?

Kyodo: Foreign trainee slain, colleague wounded in rural Ibaraki attack, in oddly terse article (UPDATED with news of another underreported NJ death)

Debito.org,  Thursday, February 26th, 2015

Nikkei: Another Japanese nabbed for being like a “suspicious foreigner” in Ibaraki. Adding it to the collection

Debito.org, Tuesday, August 26th, 2014

Oh that’s right.  Ibaraki is home to a really mean foreign detention center:

AFP: Another hunger strike in Immigration Detention Center, this time in Ushiku, Ibaraki

Debito.org, Monday, May 24th, 2010

Japan Times on Ibaraki Detention Ctr hunger strikers: GOJ meeting because of UN visit?

Debito.org, Monday, March 22nd, 2010

Japan Times & Sano Hiromi on violence towards NJ detainees at Ibaraki Detention Center, hunger strike

Debito.org, Friday, March 12th, 2010

There’s also a mention of a death in detention in Ibaraki at that detention center, mentioned in the following Reuters expose.

Reuters: Death toll mounts in Japanese Detention Centers (aka “Gaijin Tanks”) as NJ seek asylum and are indefinitely detained and drugged

Debito.org, Wednesday, March 16th, 2016

Ibaraki Police have also notified the public about how “foreign crime groups” behave, courtesy of http://www.pref.ibaraki.jp/kenkei/a01_safety/security/infra.html

NPA “Crime Infrastructure Countermeasures” campaign also targets “foreign crime” anew. Justifies more anonymous anti-NJ signs

Debito.org, Thursday, June 20th, 2013, which included the following racialized illustration:

hanzaiinfuraibarakijune2013

It would seem the officially-sponsored xenophobia runs deep in Ibaraki.  Put a nasty Gaijin Detention Center in an area, allow the police to project their bunker mentalities by lying on public posters, and you get panicky residents who sic cops on “people who look suspicious” because they look foreign (even if they are Japanese).  Are you seeing what happens when you give the police too much power to target people?  Ibaraki Prefecture is developing into a nice case study.

Well done Onur for doing all this great detective work.  I did some investigative work like this more than a decade ago.  Remarkable that despite having this pointed out again and again, the NPA continues to lie about the laws they are supposed to enforce.  Dr. ARUDOU, Debito

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

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JT: Japan’s public baths hope foreign tourists and residents will keep taps running; oh, the irony!

mytest

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Hi Blog.  Here’s another quick one that’s just dying for a shout-out specially on Debito.org for its delightful irony:

In yet another example of how Japan’s economy is not going to save itself unless it allows in and unlocks the potential of its foreign residents, here we have the flashpoint issue for “Japanese Only” signposted exclusionism: public baths (sento or onsen).  As per the Otaru Onsens Case (which has inspired two books), we had people who did not “look Japanese” (including native-born and naturalized Japanese citizens) being refused by xenophobic and racist bathhouse managers just because they could (there is no law against it in Japan).

Now, according to the Japan Times below (in a woefully under-researched article), the bathhouse industry is reporting that they are in serious financial trouble (examples of this were apparent long ago:  here’s one in Wakkanai, Hokkaido that refused “foreigners” until the day it went bankrupt).  And now they want to attract foreign tourists.  It’s a great metaphor for Japan’s lack of an immigration policy in general:  Take their money (as tourists or temporary laborers), but don’t change the rules so that they are protected against wanton discrimination from the locals.  It’s acceptance with a big, big asterisk.

Admittedly, this is another step in the right direction.  But it’s one that should have been done decades ago (when we suggested that bathhouse rules simply be explained with multilingual signs; duh).  But alas, there’s no outlawing the racists in Japan, so this is one consequence.  Dr. ARUDOU, Debito

Japan’s public baths hope foreign tourists will help keep the taps running
BY SATOKO KAWASAKI, STAFF PHOTOGRAPHER
THE JAPAN TIMES, JANUARY 5, 2016
http://www.japantimes.co.jp/news/2016/01/05/national/japans-public-baths-hope-foreign-tourists-will-help-keep-the-taps-running/

Japan’s public baths, known as sento, represent an institution with hundreds of years of history. They provided an important public service in the days before homes had their own hot-water bathtubs.

Sento can range in style from simple hot springs piped into a large tub to modern facilities resembling theme parks and offering a range of therapies.

In the Edo Period (1603-1868), sento were so popular that every town had on. They were important centers of the community.

Sento are on the decline both because homes now have fully fledged bathrooms and because retiring operators find it hard to find successors to take on their businesses. There are now around 630 establishments in Tokyo, down from 2,700 in 1968, a peak year for sento.

Faced with this trend, the Tokyo Sento Association is trying to tap demand from non-Japanese residents and tourists.

It has installed explanatory signs at each facility showing non-Japanese speakers how to use a sento in five languages. It also plans to create an app for people to search for sento in English.

ENDS

Asahi: Survey: Discrimination encountered by 42% of foreign residents in Tokyo’s Shinjuku Ward; Asahi wants NJ resident opinions

mytest

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Hi Blog.  The Asahi Shinbun recently has been doing specials on NJ as residents of Japan (another positive step towards situating them in Japan and humanizing them properly).  First, they do some assessments of the problems of discrimination, then they ask for feedback from NJ readers (“The Asahi Shimbun is also seeking opinions from foreign residents about life in Japanese communities at the AJW website. Please send in your contributions in English to asahi_forum@asahi.com”) and give it in follow-up articles (such as the fluff piece on “Do as the Romans do” also included below).  At least somebody is broaching the possibilities of immigration and assimilation.

Debito.org Readers, please feel free to take up the Asahi’s invitation.  Many of you are already, like it or not, Visible Minorities.  Now be Visible Residents.  And I hope that the GOJ expands its discrimination surveys beyond Shinjuku-ku, Tokyo, nationwide.  Dr. ARUDOU, Debito

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

Survey: Discrimination encountered by 42% of foreign residents in Tokyo’s Shinjuku Ward
Asahi Shinbun, January 25, 2016, courtesy of JK
By YURI IMAMURA/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201601250038

Around 42.3 percent of foreign residents in Tokyo’s Shinjuku Ward “often” or “sometimes” feel discriminated against by Japanese people, particularly during searches for a home, a survey showed.

In comparison, 47.2 percent of non-Japanese in the ward said they “never” or “not too often” experience such discrimination, according to the survey by the Shinjuku Ward government.

The situation most cited for prejudice or discrimination against foreign residents was “when they were searching for a place to live,” at 51.9 percent, followed by “when they were working,” at 33.2 percent, and “when they were going through procedures at a public agency,” at 25.6 percent.

Around 38,000 foreign residents make up 11 percent of Shinjuku Ward’s population.

The ward sent questionnaires to 7,000 randomly selected foreign and Japanese residents listed in the Basic Resident Register last summer for the Survey on Multicultural Living in Shinjuku Ward. It received responses from about 2,000 residents through autumn.

A total of 22.1 percent of the Japanese residents said that having foreign neighbors is “favorable” or “relatively favorable,” surpassing the 16.9 percent who said it is “unfavorable” or “relatively unfavorable.”

The Japanese respondents, however, cited various concerns about having foreign neighbors.

Some 47.6 percent of the Japanese said, “I am worried about how they would take out the garbage,” followed by 35.4 percent who said, “I am worried about loud voices and other noises from their rooms.”

On the positive side, 28.1 percent of the Japanese respondents said having foreign neighbors “would help me take an interest in foreign countries,” while 26.7 percent said it “would help increase my chances to experience foreign cultures.”

Asked what is most needed to eliminate prejudice and discrimination, 50.7 percent of the Japanese said “accepting the different lifestyles of each other.”

AJW is also seeking views from foreign residents about life in Japanese communities.

////////////////////////
TO OUR READERS: AJW seeks views from foreign residents about life in Japanese communities
January 08, 2016, THE ASAHI SHIMBUN
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201601080088

Opening up Japan to more immigrants has been proposed to deal with demographic problems facing Japan, including a declining and graying population.

But that option raises the question of whether Japanese communities are prepared to allow more foreign residents into their neighborhoods.

That is why the AJW site wants to hear from foreign residents of Japan as part of a project being organized by The Asahi Shimbun.

The vernacular Asahi is planning a weekly series of special pages on the theme of Japanese and foreigners living in the same community. The series is scheduled to begin in late January and will run in the weekend issues of the Asahi.

A main objective of the special pages will be to determine what factors help or stand in the way of Japanese who live in neighborhoods with an increasing number of foreign residents.

Special pages in the past have dealt with various themes, and the views sent in by readers were the main material used in putting together the pages.

For the new theme that will begin in January, the pages will again consist mainly of the views and opinions sent in by Japanese readers.

But to provide a different perspective on the issue, we are also interested in hearing from foreign residents to get their side of the story.

We would like to hear about your experiences in living in Japanese communities, your interactions with your neighbors as well as comparisons with life in your native land or in other nations where you may have once lived.

The contributions sent in by foreign residents will be used to shed a different light on interactions between Japanese and foreign residents in various communities.

Please send in your contributions in English to asahi_forum@asahi.com

We ask that you also include your name and a contact number in case reporters at the Asahi wish to make further contact to ask you questions.

THE ASAHI SHIMBUN
ENDS

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

Asahi readers weigh in on ‘do as the Romans do’ in Japan for foreign residents
January 26, 2016
THE ASAHI SHIMBUN
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201601260001

Asahi Shimbun readers are divided over whether foreign nationals living in Japan should “do as the Romans do” to assimilate in this multicultural age.

With the number of foreign residents hitting a record high of 2.17 million as of June 2015, many readers referred to the positive contributions that non-Japanese can make to their communities, while others were concerned about cultural friction and deteriorating public safety.

A central issue was whether foreign nationals need to embrace the “do as the Romans do” approach to become fully functioning members of their communities.

Younger generations, citing growing globalization, said such a mentality was counterproductive.

Of 699 people who responded to an online questionnaire posted in early January, 495 said as of Jan. 21 that a society with a sizable foreign community will inevitably be multicultural where people with diverse cultural backgrounds and values live harmoniously.

Respondents are allowed to pick multiple answers.

In 465 cases, respondents said such a multicultural society will provide greater opportunities for members to learn and experience different languages and cultures.

However, 371 agreed that a multicultural society could create cultural friction over language and lifestyle differences, while 275 voiced concern that accepting a huge influx of immigrants could have a major impact on public safety.

Of the 699 respondents, 335 said they feel very familiar brushing shoulders with foreign residents and 197 said they are somewhat familiar with foreigners, while 124 said they are not very familiar, followed by 43 people who said they are not at all familiar with foreigners.

The survey also collected opinion letters, and readers turned out to be divided over what attitude foreign nationals should adopt in order to become fully functioning members of Japanese society.

A woman in her 50s from Osaka Prefecture said foreign nationals should adopt the “do as the Romans do” mentality and respect Japanese laws, culture and customs if they want to create symbiotic relations with Japanese.

“I believe the ‘do as the Romans do’ attitude is essential for anyone to live in a foreign country, and I would like to ask how many foreigners came to Japan with the idea of respecting Japanese culture in such a manner,” the woman wrote.

A respondent from Tokyo in her 40s said that “if a foreigner chooses to live in Japan, he or she must at least have respect for Japanese culture and manners.”

However, she added that “I think the time is ripe for Japanese people to reform their island-nation mentality, which tends to exclude outsiders.”

“I myself need to keep an open mind to build friendly relations with foreign residents,” she wrote.

A man from Kyoto in his 20s also argued that requiring all members in society to adopt a “do as the Romans do” attitude is obsolete in this era of globalization.

“Culture is a transient thing by nature, and globalization has made us live in a highly diversified world,” he said. “What we need to do is find ways for different cultures and value systems to coexist in harmony.”

Sam Teckenbrock, a 58-year-old U.S.-born resident of Hirakata, Osaka Prefecture, who has served as chairman of the local neighborhood association for the past seven years, said foreigners certainly need to develop the “do as the Romans do,” although he concede it was very frustrating for him trying to become accustomed to Japanese culture at first.

“Japanese are tactful as to what they say on the surface and what they truly mean, and it confused me a lot, but I eventually learned that speaking this way is partly meant to avoid hurting another person’s feelings,” he said.

“I don’t think it is difficult at all for Japanese and foreigners to live together in harmony when they candidly tell each other things they could not comprehend and try to understand each other in person.”

* * *

The Asahi Shimbun is also seeking opinions from foreign residents about life in Japanese communities at the AJW website. Please send in your contributions in English to asahi_forum@asahi.com

My Japan Times JBC 95, “Osaka’s move on hate speech should be just the first step” Feb. 1, 2016

mytest

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Hi Blog. Here is my Japan Times Just Be Cause column 95 on hate speech legislation in Japan. Thanks once again for sending it to #1 again on the Japan Times Online! Dr. ARUDOU, Debito

JUST BE CAUSE
justbecauseicon.jpg

“Osaka’s move on hate speech should be just the first step”
By Dr. ARUDOU, Debito, Just Be Cause column 95 for the Japan Times Community Page
The Japan Times, Monday, Feb. 1, 2016

On Jan. 15, the Osaka Prefectural Assembly passed the first local ordinance against hate speech in Japan. JBC sees this as a step in the right direction.

Until now, there was no way to define what “hate speech” was, let alone take any measures against it. Defining a problem is fundamental to finding a solution.

Moreover, passing an ordinance makes a general statement to society that the existence of hate speech is not only undeniable but also impermissible. This matters, given Japan’s high tolerance for racist outbursts from public officials, and clear cases of bullying and intimidation that have otherwise been protected under “freedom of speech” (genron no jiyuu). Osaka has made it clearer that there is a limit to what you can say about groups of people in public.

However, this still isn’t quite at the stage where Osaka can kvell. There are no criminal or financial penalties for haters. An earlier version of the ordinance offered victims financial assistance to take their case to court, but that was cut to get it passed. Also, an adjudicating committee (shinsa-kai) can basically only “name and shame” haters by warning and publicizing them on a government website — in other words, it can officially frown upon them.

Even the act of creating a law against hate speech has invited criticism for opening up potential avenues to policymaker abuse. They have a point: tampering with freedom of speech invites fears, quite reasonably, about slippery slopes to censorship. So let’s address the niggling question right now: Should there ever be limits put on what you can say?

JBC argues yes…

Read the rest in the Japan Times at http://www.japantimes.co.jp/community/2016/01/31/issues/osakas-move-hate-speech-just-first-step/

O’Day in APJ: Japan Focus: “Differentiating SEALDs from Freeters, and Precariats: the politics of youth movements in contemporary Japan”

mytest

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Hi Blog. Since the SEALDs activism topic has inspired much discussion on Debito.org, let’s look at them (and other youth protesters in Japan) from another angle, where an academic colleague argues that the group is by design demonstrating without full devotion to the cause.

This article came out before SEALDs announced that it was disbanding, so I wonder if partial devotion means killing off the group without transitioning to new leadership to preserve the credibility of the hard-won brand.  (No mention either of allegations of parochialism and bullying towards NJ.)  Dr. ARUDOU, Debito

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

From Robin O’Day, “Differentiating SEALDs from Freeters, and Precariats: the politics of youth movements in contemporary Japan”, The Asia-Pacific Journal, Vol. 13, Issue 37, No. 2, September 14, 2015.

Excerpt:

SEALDs is suggesting that students can use some of the freedom that their positioning affords for political engagement, instead of channeling it into more traditional activities like sports clubs and social circles, that tend to dominate students’ leisure time.

Yet SEALDs is also proposing something more significant than a reallocation of students’ time—they are also attempting to construct a different kind of political identity among college students. Another SEALDs member explained it this way:

“Our movement is not our life; it is a part of our life not our whole life. I went to class yesterday as usual, and we have rappers, people who do music, people who just study, people who are trying to be teachers, we have all kinds of people, and our movement is a part of what we do in our life but not our whole life. If you focus on the movement and movement only, you will become narrow.”

What this SEALDs member is suggesting is a reconfiguration of what constitutes student political identity. SEALDs is essentially showing other students that it is acceptable to seriously engage political ideas, without become radical, or having to completely devote themselves to the cause. SEALDs is challenging an all-or-nothing orientation to politics that tends to cleave most students into taking either an apolitical stance, or fully committing to a cause that will likely marginalize them. Instead, SEALDs is coming up the middle with a proposition that you can be a regular student, have conventional ambitions, aspire to a middleclass life, and still carve out a piece of yourself that is informed and engaged with political issues. If this proposition is hardly radical, it is currently resonating with a broad spectrum of students.

Entire article at http://apjjf.org/-Robin-O_Day/4376/article.html

Asahi and JT: Osaka adopts Japan’s first anti-hate-speech ordinance

mytest

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Hi Blog.  Good news.  Japan finally has something on the books that deals with hate speech in Japan, giving it definition and scorn:  A local ordinance (jourei) in Osaka.  The bad news is that this ordinance does not criminalize or penalize the perpetrator, or give much support to the victim.  As Eric Johnston notes below, there are no fines for haters, insufficient help for victims, and little more than an official frowning-at (a “naming and shaming”) of people who are probably beyond shame.

However, one bright side is that naming and shaming is precisely what Debito.org does to racist exclusionary “Japanese Only” businesses (that is basically all Debito.org can do, of course).  The reason why this is a source of brightness is that our naming and shaming has occasioned criticism from apologists for being “un-Japanese” in approach.  This ordinance now officially makes the approach Japanized.  So there.

And given that the last attempt to do something like this, a decade ago, ended in dismal failure (where anti-discrimination legislation in Tottori was passed and then UNpassed), I have the feeling that this time the legislation will stick.  It’s a step in the right direction, and Debito.org salutes Osaka for finally getting something on the books.  Dr. ARUDOU, Debito

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Osaka to adopt Japan’s first anti-hate speech ordinance
January 14, 2016, THE ASAHI SHIMBUN, courtesy of JK
http://ajw.asahi.com/article/behind_news/politics/AJ201601140027

OSAKA–Rabble-rousers who use hate speech are to be named and shamed here in the first official crackdown on verbal racism in Japan.

Osaka, home to many ethnic Koreans who are often the victims of such attacks, is set to adopt an ordinance aimed at punishing those suspected of using hate speech against ethnic minorities.

A hate speech examination committee will be set up–comprised of scholars and lawyers–to pore over details of verbal attacks if a complaint is lodged by a victim living in the city.

If the panel judges the attack to be hate speech, the city government will name the perpetrator, whether it be an organization or individual, and publicize outlines of the incident on its website or in other places.

The move is intended to demonstrate Osaka’s determination to eradicate hate speech while deliberations on a bill seeking to ban such racism in the Diet have made little progress.

The city assembly is expected to pass the draft ordinance during the plenary session on Jan. 15.

The ordinance defines hate speech as despising and slandering with the aim of excluding an individual or group of a particular race or ethnicity from society and inciting hatred and a sense of discrimination toward them.
ENDS

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Osaka assembly passes nation’s first ordinance against hate speech
BY ERIC JOHNSTON, THE JAPAN TIMES, JAN 15, 2016

OSAKA – The city of Osaka passed the nation’s first ordinance by a major city against hate speech late Friday.

The text is a watered-down version of a proposal that the assembly made last year and will serve merely to name and shame perpetrators.

It does not provide city funds to victims of hate speech for use in fighting the perpetrators in court. Nor does it fine those who make racial slurs and threats of violence.

Instead, the ordinance creates a committee that investigates allegations of hate speech filed by Osaka residents.

The committee is expected to consist of five academic and legal experts whose appointments must be approved by the assembly. If the committee judges that a particular group is engaged in hate speech, its name will be posted on the city’s website.

Last year’s version of the ordinance failed to win the assembly’s approval because of disagreement over a provision that would have given the city the authority to loan money to victims who secure recognition by the committee and who want to take their case to court.

Although the ordinance was supported by then-Mayor Toru Hashimoto and his Osaka Ishin no kai (One Osaka) local party, the measure was opposed by the LDP and Komeito.

Earlier in the session of the the municipal assembly deliberating the ordinance, a man in the gallery threw two colored balls filled with orange paint onto the floor, bringing the discussions to a standstill.

When the man was subdued by guards, he resisted by shouting, “Protect the self-esteem of Japanese people,” Kyodo News reported.

After the disruption, the session resumed late Friday night.

Osaka became the international focus of hate speech in 2013, following an incident that February in which the anti-Korean group Zaitokukai held a rally in the city’s Tsuruhashi district, home to many ethnic Koreans.

Rest of the article at http://www.japantimes.co.jp/news/2016/01/15/national/osaka-set-pass-japans-first-ordinance-hate-speech-will-name-shame-offenders/

Asahi: Justice Ministry issues first-ever hate speech advisory to Sakurai Makoto, ex-leader of xenophobic Zaitokukai group

mytest

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Hi Blog.  Let’s keep the good news coming, on the heels of the suspension of the anti-foreigner government online “snitch sites”.  Anti-Korean hate group Zaitokukai’s activities have been singled out for official frowning-at for some time now, including being put on the National Police Agency watch list in 2014, being publicly berated by the Osaka Mayor in 2014, and losing big in court in 2013–setting a good anti-defamation precedent recognizing hate speech as an illegal form of racial discrimination.

Now the “former leader” of Zaitokukai, Sakurai Makoto, has been issued Japan’s first ministerial warning that his activities are unlawful and violate human rights.  And that individuals (not just groups) are also covered against hate speech.  Good.  But let’s take into account the limitations of this “advisory”.  One is that it has no legal force (it’s basically, again, an official frowning-at).  The other is that it can only claim this is unlawful, not illegal, because even after twenty years of signing the UN Convention on the Elimination of Racial Discrimination, Japan still has no laws against racial discrimination.  And, as noted below, the GOJ declined to pass any laws against hate speech in 2015.  Thus, the debate in Japan can only focus on abstract issues of victim reaction such as “dignity” and “personal agony”, which are much harder to proactively enforce in a legalistic manner.  All the GOJ can do is run on fumes and frown–not actually arrest these extremists for encouraging violence against an entire ethnicity within Japan, or even stop the police for selectively keeping order in favor of the rightists.

Still, we take our good news as it comes in.  We must, or this becomes a very dismal science indeed.  Dr. ARUDOU, Debito

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Ministry issues hate speech advisory to ex-leader of Zaitokukai
December 23, 2015, The Asahi Shinbun, courtesy of JK.
By MOTOKI KANEKO/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201512230053

The Justice Ministry for the first time issued a hate speech advisory, warning the former leader of a group against ethnic Koreans on Dec. 22 that its activities are unlawful and violate human rights.

The advisory was issued to Makoto Sakurai, former chairman of Zainichi Tokken wo Yurusanai Shimin no Kai (Group of citizens who do not tolerate privileges for ethnic Korean residents in Japan). The group is more commonly known as Zaitokukai, and it has gained international attention for blaring discriminatory and menacing taunts at its street rallies in ethnic Korean neighborhoods.

Although the advisory does not carry legal force, the ministry deemed Zaitokukai’s actions to be unlawful.

The advisory also recognized individuals as victims of hate speech for the first time.

The ministry asked Sakurai to reflect on his actions and refrain from conducting similar activities.

According to the ministry, Sakurai and other members of Zaitokukai shouted racist slogans at two ethnic Koreans from the front of the gate at Korea University in Tokyo’s Kodaira. These slogans were shouted at the two on three instances, in November of 2008, 2009 and 2011.

The slogans included, “Drive the Koreans out of Japan,” and, “We came to kill Koreans.”

The two ethnic Koreans filed a complaint with authorities.

The ministry’s investigation included interviewing Sakurai.

It concluded that Zaitokukai’s actions “propagated hatred and hostility by assuming ethnic Koreans are criminals and abused their dignity as human beings, something that cannot be overlooked from the viewpoint of protecting human rights.”

Japan does not have any law against hate speech. However, groups of citizens and politicians have been pushing for the enactment of such legislation, and the advisory was welcomed by the targets of the hate speech.

“The fact that the Justice Ministry identified their activities to be unlawful will be a blow to the group,” said Yasuko Morooka, an attorney representing the two ethnic Koreans. “However, the advisory has no legal force. Because hate speeches are unlawful and abuse the dignity of a person, induce a strong sense of terror and cause agony, it’s not something we can allow the government to leave untouched.

“We should keep a close eye on the government’s moves from here on.”

The ruling coalition dropped plans to enact hate speech legislation in the Diet session this year. Differences of opinion arose in discussions on how to strike a balance between restrictions on speech and freedom of expression guaranteed by the Constitution.

Yasuhiro Yagi, the current leader of Zaitokukai, said the ministry’s advisory is a form of a human rights violation against his group.

“Issuing an advisory to us as if we are trying to hold street activities we haven’t even held in four years is in itself a violation of human rights by the Justice Ministry,” he said.

ENDS

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

ヘイトスピーチ、法務省が初の中止勧告
2015年12月22日 23時58分, courtesy of JK
http://www.yomiuri.co.jp/national/20151222-OYT1T50114.html
法務省は22日、東京都小平市の朝鮮大学校前で人種差別的なヘイトスピーチ(憎悪表現)を繰り返したとして、右派系グループの元代表に同様の行為をやめるよう求める勧告を行った。
ヘイトスピーチに対する勧告は初めてだという。
発表によると、元代表らは2008年11月~11年11月の計3回、同校の校門前で「朝鮮人を東京湾にたたき込め」などと叫んだ。勧告は、こうした行為について「生命や身体に危害を加えられかねないと、校内にいた学校関係者らを畏怖させる違法行為だ」と認定。「在日朝鮮人の尊厳を傷付けるもので、人権擁護のうえでも看過できない」として、今後繰り返さないよう元代表に求めた。

勧告は同省の訓令に基づく措置で、強制力はない。

ENDS

JT: Anti-war student organization SEALDs to disband after Upper House poll in 2016

mytest

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Hi Blog. Now here’s something I find profoundly disappointing. One bright outcome of Japan’s Right-Wing Swing was the reenergizing of the Grassroots Left, with regular public demonstrations promoting anti-racism and tolerance. However, one group that attracted a lot of attention for opposing PM Abe’s policies, the Students Emergency Action for Liberal Democracy (SEALDs), made an announcement (at the Foreign Correspondents’ Club of Japan, no less) last October that their leadership wasn’t just stepping down due to graduation from university — they were disbanding the entire group within a year.

That makes the leadership comes off as human-rights hobbyists. There is no need to make what should be a handing over of the reins to the next generation into a public spectacle of disbandment. Alas, they’re quitting, and taking the brand name with them. Abe must be grinning in great satisfaction. From eroding Japan’s democratic institutions to making investigation of government chicanery illegal to marching Japan back to its martial past (while decimating Japan’s Left in formal Japanese politics), Abe is truly winning this fight. He’s even got these brave kids running scared.  Dr. ARUDOU, Debito

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Anti-war student organization to close shop after Upper House poll
BY TOMOHIRO OSAKI, THE JAPAN TIMES, OCT 28, 2015
http://www.japantimes.co.jp/news/2015/10/28/national/politics-diplomacy/anti-war-student-organization-close-shop-upper-house-poll/

A pro-democracy student group behind this summer’s massive youth protest against Prime Minister Shinzo Abe’s security legislation plans to dissolve after next year’s Upper House election, members said Wednesday.

Students Emergency Action for Liberal Democracy (SEALDs) gained widespread attention over the summer for a series of anti-war rallies held near the Diet building to protest the administration’s push to allow the nation’s military to fight abroad for the first time since the end of World War II.

Known for its unconventional demonstrations, which included rap-influenced music and stylish placards, the group was hailed for leading a resurgence in youth activism that sparked hopes in society that the nation’s politically apathetic youngsters may be changing.

“Since we started our activities as an ‘emergency action,’ and many of our members are slated to graduate from universities soon, SEALDs will dissolve after next summer’s Upper House election,” group member Mana Shibata, 22, revealed during a news conference at the Foreign Correspondents’ Club of Japan in Tokyo.

“After that, if individual persons want to take action or create another movement, they are free to do so.”

Before their movement became SEALDs, many members protested the state secrecy law — contentious legislation championed by Abe that many said would impinge on people’s right to know or discover crucial government information. That group called itself SASPL, or Students Against Secret Protection Law.

After the security bills were rammed through the Diet last month, SEALDs will now focus its activities on gearing up for next summer’s Upper House election, members said. Its newest mission: to call on opposition parties to form a united front against the ruling Liberal Democratic Party.

Noting that the passage of the bills signals Japan’s democracy is “on the verge of collapse,” member Takeshi Suwahara, 22, said: “What is happening is a crisis. I know opposition parties have their own conflicting interests. But they must listen to voices of the public and cooperate with each other.”

Dismayed at an ever-decreasing voter turnout among the young, SEALDs will also ramp up efforts to encourage younger people to vote in elections.

The nation’s 18- and 19-year-olds will now for the first time be allowed to cast ballots in accordance with a legal revision in June.

Aside from making continued efforts to organize related rallies and symposiums, members will try to establish voting booths in places such as train stations, shopping malls and universities, they said.

“Demographically speaking, young people in Japan are underrepresented and as a result it’s difficult for their voices to be reflected in politics and fulfill their needs for education and social welfare. I believe this election is a chance to change such a trend,” Suwahara said.

ENDS

Asahi & Mainichi: “No Hate” “No Racism”, “Refugees Welcome” say protesters at Tokyo anti-discrimination rally. Bravo.

mytest

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Hello Blog. As has been pointed out by a number of Debito.org Readers, this development is a positive one, both in that it happened (as an annual rally, no less), and that it was reported in the news. Read on. Dr. ARUDOU, Debito

First watch this:

東京大行進:ヘイトスピーチに抗議、「差別反対」アピール  (Mainichi Shinbun)
https://www.youtube.com/watch?v=h08UMRWaRZQ

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Refugees welcome’ say protesters at Tokyo anti-discrimination rally
Asahi Shinbun, November 23, 2015 By MIAKO ICHIKAWA/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201511230054

“Refugees welcome” was a rallying cry among 2,500 or so Tokyo Democracy March demonstrators who paraded through the capital’s Shinjuku district on Nov. 22 following the recent Paris terror attacks.

The crowd, protesting all forms of discrimination, urged Japan to welcome those fleeing danger with some waving a banner displaying the asylum seeker-friendly slogan.

“Behind the vigorous rhetoric which says ‘We do not yield to terrorism,’ refugees could lose a place to live,” said one 42-year-old worker from Tokyo’s Setagaya Ward who joined the event.

Causes on the agenda included the prejudice experienced by ethnic Korean residents in Japan, the LGBT (lesbian, gay, bisexual and transgender) community and people with disabilities.

The third annual demonstration also focused on asylum seekers amid concerns over anti-refugee sentiment in and outside Japan after the Nov. 13 terrorist attacks in Paris that left 130 people dead and hundreds injured.

The fears stem from the idea that terrorists could masquerade as refugees to enter the country.

The event was first organized in 2013 chiefly as a protest against groups which staged a number of hate speeches targeting the numerous ethnic Korean residents in Tokyo’s Shin-Okubo district.

The demonstration has so far drawn on various themes, including the display of a discriminatory banner declaring “Japanese Only” at Saitama Stadium during a J.League football match on March 8, 2014.

“We participate in this event because of our desire to improve our society,” said a 30-year-old organizer of the protest.

ENDS

Japanese version:
「差別いらない」反ヘイトデモ、新宿で 「難民歓迎」も
朝日新聞 2015年11月22日22時27分
http://www.asahi.com/articles/ASHCQ5VHJHCQUTIL00T.html

「差別はいらない」「一緒に歩こう」。在日コリアンやLGBT(性的少数者)、障害者らあらゆる差別に反対するデモ「東京大行進」が22日にあり、約2500人(主催者発表)が東京・新宿の繁華街を練り歩いた。パリ同時多発テロ事件を受けて難民に対する排外的な感情が国内外で懸念されるなか、「難民歓迎」を訴える声もあった。

デモは2013年、東京・新大久保で在日コリアンにヘイトスピーチを繰り返す団体に抗議してきた人たちを中心に企画。サッカースタジアムでの差別的横断幕など、これまでさまざまなテーマに広がりをみせてきた。

3回目の今年は、難民が柱の一つになった。「REFUGEES WELCOME(難民歓迎)」などの横断幕を掲げたりした。デモの運営メンバー(30)は「根っこにあるのは、民主主義を肯定し、社会を良くしようという当たり前の気持ち」という。

「難民歓迎 『テロに屈しない』はこれだ」と書いた手作りのプラカードを掲げて歩いた東京都世田谷区の会社員(42)は「『テロに屈しない』という威勢のいい言葉の裏で、難民は行き場をなくす。社会に広がる空気に対し、自分の気持ちを示した」と話した。

スタッフの一人として参加した都内の大学生加藤大吉さん(25)は「差別はいらないという一点でまとまり、ポジティブな気持ちがあふれるデモになった」と話した。(市川美亜子)

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

Photo Journal: Marching against hate
November 23, 2015 (Mainichi Japan), courtesy of JK and Jair
http://mainichi.jp/english/english/newsselect/news/20151123p2a00m0na006000c.html

Members of the 2015 Tokyo Democracy March hold signs and shout slogans condemning discrimination during a march in Shinjuku Ward, Tokyo, on Nov. 22, 2015. Organizers announced that some 2,500 people participated. The annual march began in 2013, mainly composed of people opposed to repeated hate speech demonstrations. This year’s democracy marchers voiced opposition to discrimination based on race, ethnicity, sexual orientation or disability, and called for quick passage of an anti-racial discrimination bill under debate in the Diet. (Mainichi)

Japanese version:

東京大行進:「差別いらない」…新宿でアピール
毎日新聞 2015年11月22日 19時45分(最終更新 11月22日 20時36分)
http://mainichi.jp/select/news/20151123k0000m040030000c.html

ヘイトスピーチに抗議し、差別を許さない社会を呼びかけるパレード「東京大行進2015」が22日、東京・新宿で開かれ、約2500人(主催者発表)が「差別に反対する東京」をアピールしながら新宿駅周辺を行進した。

ヘイトスピーチを繰り返すデモに路上で対峙(たいじ)してきた市民らを中心に2013年に始まり、今年で3回目。人種や民族、性的指向、障害などを理由とした差別に反対し、国会審議中の「人種差別撤廃施策推進法案」のすみやかな成立を訴えた。

安保法制審議で民主主義の意味を問いかけた学生グループ「SEALDs」のメンバーも参加。内戦下のシリアから欧州に逃れてきた人々にドイツ市民が示した「難民歓迎」というプラカードを掲げる人の姿も目立った。

実行委員会代表の西村直矢さん(35)は「私たちが生きる社会を守るため今後も声を上げていきたい」と話した。【小泉大士】

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

See also (courtesy of Jair):

http://www.j-cast.com/2013/09/23184404.html
http://www.jcp.or.jp/akahata/aik15/2015-11-23/2015112301_04_1.html
Photo: https://twitter.com/asahi_photo/status/668448212689162240/photo/1

ENDS

Mainichi: Miss Universe Japan Ariana Miyamoto spurns ‘half Japanese’ label, seeks end to prejudice. Good, but article in English only, not for Japanese-reading audience.

mytest

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Hi Blog.  I am increasingly impressed by the resilience of Ms. Miyamoto, as she manages to keep her message on track:

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

Miss Universe Japan Ariana Miyamoto spurns ‘half Japanese’ label, seeks end to prejudice
November 15, 2015 (Mainichi Japan), Courtesy of JK
http://mainichi.jp/english/english/newsselect/news/20151115p2a00m0na001000c.html

As Japan’s internationalization continues, the country’s representatives in competitions abroad are also becoming increasingly diverse. The 31-man roster of the national rugby team that so electrified Japan in the recent Rugby World Cup, for example, boasted no less than 10 players born outside the country. And then there is Ariana Miyamoto, who this year became the first mixed-race woman to be crowned Miss Universe Japan.

“There are foreigner athletes representing Japan, and then there’s also me,” Miyamoto, 21, told the Mainichi Shimbun in a recent interview. “I think Japanese society has changed a bit, but it still has a ways to go.” Miyamoto, the daughter of an African American father and Japanese mother, is set to represent Japan in the annual Miss Universe pageant on Dec. 20 this year.

Though she has become a positive symbol of Japan’s internationalization, when she was selected to represent Japan in the pageant, she was also the target of many Internet attacks that she “doesn’t look Japanese.”

Miyamoto was born and raised in Sasebo, Nagasaki Prefecture, where her father worked at a U.S. military base. As a child, she was bullied for her different appearance, and even had garbage thrown at her. She spent two hours every morning before going to school straightening her hair to try and look the same as her classmates.

“I hated the term ‘beautiful whiteness’ that was used so much in cosmetics commercials on TV, because you can’t really become white-skinned with makeup,” she recalled.

She began to break free of such painful feelings when she started playing volleyball in the third grade. She proved very good at the sport, and in junior high school she was invited to attend a school in the prefecture renowned for its volleyball team.

However, Miyamoto said she began to build real self-confidence when she went to the United States for high school. Her parents had divorced and her father had moved to Arkansas. Miyamoto moved in with him and went to the local high school, where she was complimented by classmates for her beautiful skin color. It was then that Miyamoto says she realized how diverse the world really is.

After returning home to Japan, Miyamoto worked a number of jobs including as a bartender. She also had a mixed-race friend who had grown up in similar circumstances to herself. Her friend, however, was deeply pained by being unable to fit in inside Japan — a sorrow that eventually drove the person to suicide.

“I want to end racial prejudice,” said Miyamoto, adding that this was her reason for auditioning to represent Japan at the Miss Universe pageant.

According to a Ministry of Health, Labor and Welfare demographic statistics, the number of international marriages in Japan began to rise from the mid-1980s, peaking in 2006 with 44,701 couples tying the trans-border knot. That made up 6.1 percent of all marriages, or one in 17. Currently, fewer unions between Japanese citizens and partners from Asia have pushed the ratio of international marriages down to about 3 percent of the total. Nevertheless, they are hardly uncommon in today’s Japan.

Meanwhile, the Japanese sports world is also looking more diverse, with Japan-born athletes like high school sprinter Abdul Hakim Sani Brown and baseball player (and recent Nippon Professional Baseball draftee) Louis Okoye making their mark.

“I don’t want to be summed up with the word ‘haafu’ (half),” said Miyamoto, referring to the Japanese colloquial term for those with one foreign parent. “It’s the same as saying they’re not really Japanese,” she went on, and expressed hope that the presence of mixed race Japanese people like herself will eventually be considered completely natural.

ENDS

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COMMENT:  Super, Ms. Miyamoto.  Bravo.  But of course, the Japanese media is making sure her message of tolerance and inclusiveness is being contained and rendered ineffectual.  This article, for example, was not featured as a Japanese article, for a Japanese-reading audience.  Which, naturally, is the audience that most needs to hear it and be convinced by it.  Here is a screen capture of web search from the same site in Japanese.  It’s not there:

MiyamotoArianaMainichiSearch111615

Keep at it, Ms. Miyamoto.  Someday your message may even get through the editors of Japan’s most liberal daily national newspaper.  Dr. ARUDOU, Debito

My latest Japan Times JBC Col 93: “Tackle embedded racism before it chokes Japan”, summarizing my new book “Embedded Racism”

mytest

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JUST BE CAUSE
justbecauseicon.jpg

Tackle embedded racism before it chokes Japan
BY DEBITO ARUDOU
The Japan Times, NOV 1, 2015

Japan has a dire problem it must address immediately: its embedded racism.

The country’s society and government are permeated by a narrative that says people must “look Japanese” before they can expect equal treatment in society.

That must stop. It’s a matter of Japan’s very survival.

We’ve talked about Japan’s overt racism in previous Just Be Cause columns: the “Japanese only” signs and rules that refuse entry and service to “foreigners” on sight (also excluding Japanese citizens who don’t “look Japanese”); the employers and landlords who refuse employment and apartments — necessities of life — to people they see as “foreign”; the legislators, administrators, police forces and other authorities and prominent figures that portray “foreigners” as a national security threat and call for their monitoring, segregation or expulsion.

But this exclusionism goes beyond a few isolated bigots in positions of power, who can be found in every society. It is so embedded that it becomes an indictment of the entire system.

In fact, embedded racism is key to how the system “works.” Or rather, as we shall see below, how it doesn’t…

Read the rest at
http://www.japantimes.co.jp/community/2015/11/01/issues/tackle-embedded-racism-chokes-japan/

Please comment below, and thanks for reading!

Paul Toland Case Update: Japan as a “black hole” for parental child abductions — Family Court lawsuit & press conference to raise awareness of issue

mytest

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Hi Blog. One longstanding case that Debito.org has been following, among others, has been the Paul Toland Case, where his Japanese wife abducted their child aged 9 months, then committed suicide four years later, whereupon the grandmother claimed custody and cut off access with the child’s only remaining parent. More details below.

Godspeed to a satisfactory resolution, Paul. Dr. ARUDOU, Debito

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

Custody case a test for Japan, says U.S. father seeking access to girl held by grandmother
BY TOMOHIRO OSAKI, STAFF WRITER
The Japan Times, OCT 26, 2015

A U.S. man seeking access to his daughter said Monday that the case is an opportunity for Japan to prove to the world it no longer tolerates parental child abduction.

U.S. Navy Cmdr. Paul Toland is suing the mother of his Japanese ex-wife for denying access to his 13-year-old daughter.

His former wife left with the child in 2003, at the age of 9 months, after their marriage failed. The woman committed suicide four years later.

Toland said his situation would amount to a “felony crime” in other countries with up-to-date family laws.

“In Japan, this abduction by a nonparent is not only accepted, but it is condoned. I’m the only parent in the world to (my daughter),” Toland said, who is in Japan for the first time since the trial at the Tokyo Family Court kicked off in July.

Toland said if the case is resolved it would demonstrate to the world that Japan is turning over a new leaf after years of notoriety as a “safe haven” for parental child abduction. If his daughter is not returned to him, he said, it will only alienate the nation further.

Japan joined The Hague Convention on cross-border parental child kidnapping in 2014. The pact does not apply in Toland’s case because the abduction was within Japan — Toland’s family was based in Yokohama at the time. In addition to this, the convention cannot be applied retroactively.

“How can we expect Japan to ever resolve more complicated divorce, child custody issues if it cannot even resolve this very straightforward case, which does not involve divorce and where one parent is deceased and the nonparent is withholding a child above the parent who wants to care for her?” he said.

Rest of the article at
http://www.japantimes.co.jp/news/2015/10/26/national/crime-legal/custody-case-test-japan-says-u-s-father-seeking-access-girl-held-grandmother/

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U.S. father calls for return of his daughter at Japan family court
By May Masangkay
TOKYO, Oct. 26, Kyodo News, courtesy of TK
https://english.kyodonews.jp/photos/2015/10/381123.html

The American father of a 13-year-old daughter urged at a Japanese family court on Monday to give him back custody of his daughter, who is now under the custody of her grandmother following the death of his former Japanese wife in 2007.

“If Japan rules as it should in favor of my daughter’s right to know and love her father, then it will truly be a threshold step for Japan, and Japan will be closer to joining the rest of the international community as a nation that respects the basic fundamental bond between a parent and a child,” Capt. Paul Toland of the U.S. Navy told a press conference in Tokyo.

Ruling against his claim will “truly alienate Japan from rest of the international community” and “show that Japan is simply out of touch with the rest of the world in their lack of understanding for basic fundamental parent rights,” said the 48-year-old father based in Hawaii.

Toland is in Japan to appear for the first time in the Tokyo Family Court to appeal his case, which is not a cross-border dispute, in not seeing his daughter for years.

He urged the Japanese court to make the right decision to return the child to him since he is the sole living parent since his wife died. Toland has since remarried and wants to take his daughter to Hawaii.

At the family court, the mother of his former wife has disputed Toland’s appeal. The father lodged a lawsuit with the court in July.

Toland’s lawyer Akira Ueno, who was present at the same press conference, said his client received in writing from the grandmother’s side that the daughter “does not want to see” her father.

Ueno said the grandmother’s side claims that things are fine the way it is now, as the girl goes to school and is engaged in club activities, an argument which the lawyer says is not acceptable.

As his case is not a cross-border dispute, Toland cannot seek the return of his daughter under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which took effect in Japan in April last year. The treaty is designed to help settle cross-border child custody disputes due to failed marriages.

The pact is also not retroactive, only dealing with cases occurring after its entry into force.

With Japan joining the pact and many Japanese politicians becoming vocal about changing Japan’s response to parental child abductions, Toland said he sees “some hope for change in Japan.” Before Tokyo acceded to the treaty, the country had been accused of being a “safe haven” for international child abductions.

His daughter was 9 months old when his wife left him in 2003 before proceedings for a divorce concluded and custody was given to the wife.

Toland has been asking to see and live with his daughter, but his request for access or visitation through government channels, in line with the Hague pact, has been rejected by the grandmother’s side. Since 2003, he has seen his daughter only several times.

Even in cases occurring before the Hague treaty took effect in a country concerned, parents can seek assistance for visitations under the pact.
ENDS
////////////////////////////////////////////////

「日本はブラックホールのような国」米国男性が裁判で「連れ去られた娘を返せ」と主張
弁護士ドットコム 10月26日(月)20時31分配信, courtesy of CS
http://headlines.yahoo.co.jp/hl?a=20151026-00003861-bengocom-soci

「日本はブラックホールのような国」米国男性が裁判で「連れ去られた娘を返せ」と主張
記者会見したポール・トーランドさん(中央)と代理人の弁護士たち
米海軍大佐でハワイ在住のポール・トーランドさんが、日本人女性との間に生まれた娘(13)の引き渡しを求めて、娘の後見人となっている母方の祖母を訴えた裁判が、東京地裁で進行している。裁判に出席したトーランドさんらが10月26日、東京の司法記者クラブで会見し、「娘は、唯一の親である私と一緒に暮らすべきだ」と訴えた。

トーランドさんによると、米国に在住していた1995年、日本人の女性と結婚。二人は1999年に来日し、2002年に娘が誕生したが、しだいに夫婦関係がうまくいかなくなり、2003年7月に母親が生後9カ月の娘を連れて、横浜の家を出ていってしまったという。

母親とは2006年に離婚が成立。離婚協議で、娘の監護をするのは母親と決まった。しかし、その母親が2007年10月に自殺してしまったという。トーランドさんは娘を引き取ろうとしたが、娘と一緒に住んでいた祖母に拒まれた、と主張している。

離ればなれになって以降、トーランドさんはたった2回しか娘と会えていない。なお、2008年8月からは、祖母が娘の未成年後見人をつとめているが、後見申立をすることなどについて、トーランドさんは事前に全く知らされていなかったのだという。

●「ハッピーバースデーと言う機会も奪われた」

トーランドさんは会見で、「私はこの世でたった一人の親なのに、娘が健康なのか、安全に暮らしているのかも、全く知らされていない。どこの学校に通学しているのかも知らないし、写真の一枚ももらえない。一緒に公園で散歩をしたこともないし、『ハッピーバースデー』と言う機会も奪われた」と、12年間もの間、娘と会えずにいる悔しさを口にした。

そして、「片方の親が勝手に子どもを連れ去ることは、先進国なら普通は誘拐となり、許されない重罪となるはずだ」と主張。子どもの連れ去りをめぐる日本のルールや運用が、国際的に見るとおかしいものだと訴えた。

トーランドさんは現在、26年間勤めている海軍でのキャリアの集大成として、ハワイ・ホノルルにある4LDKの一軒家で、国土安全保障省勤務の妻(2010年に再婚)と暮らしている。ホノルルには、日本語・英語の両方に対応し、日本の学校を卒業したのと同じ資格が得られる学校もあり、日米ハーフの娘が住むのには最適な環境だ、としている。

●娘はトーランドさんとの面会を拒否

裁判について、トーランドさんは「日本は一度子どもが吸い込まれると、二度と出てこられない『ブラックホール』のような国だ。最近は(子どもの連れ去りを違法とする)ハーグ条約への加入など、希望も出てきている。今回の裁判は、裁判所が正しい判断を下す絶好の機会だ」と話していた。ただし、今回のケースは国境を超えていないため、ハーグ条約の適用外だ。

なお、娘は、父であるトーランドさんとの面会を拒んでいるという。しかし、トーランドさんの代理人である上野晃弁護士は「別れたとき生後9カ月だった13歳の娘が、実の父親に会うことを拒否することのほうが、むしろ不自然だ。子どもは本来、親と暮らすべき存在だ。裁判所は、最終的に娘が父親のもとで暮らせるようにするための第一歩として、まずいち早く父娘の面会交流を実現させるべきだ」と話していた。

弁護士ドットコムニュース編集部
ENDS

Nikkei interview with Japan’s most famous naturalized former Zainichi Korean: SoftBank’s Son Masayoshi

mytest

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Hi Blog.  One person I have kept some track of over the years is the leader of SoftBank, Son Masayoshi.  While I don’t really see his sensitivity towards minorities in Japan translating into flexibility towards NJ residents in SoftBank’s business practices (SoftBank, like NTT DoCoMo, demands a deposit from its NJ customers (to the tune of 100,000 yen) in order to get an iPhone subscription (something not mentioned on its Japanese site).  I also have a friend from overseas who, during his monthlong journeys around Japan, had his phone hacked into, and was saddled with a $1400 internet bill on his credit card when he went back; protests to the company were met with a, “You’re a foreigner, so you must have misunderstood how to use our phone; you’re just trying to skip out on paying your bill,” reception from SoftBank.  This despite SoftBank having him on record renting the very same phone five times before and paying without incident.), Son is being interviewed below as a discrimination fighter.  This is the first I’ve heard of him doing this (and I hope this article also came out in Japanese), so let’s hope he continues in this vein.  And that SoftBank knocks off its hypocritically discriminatory business practices.  Dr. ARUDOU, Debito

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SoftBank’s Son stands up to anti-Korean bigotry in Japan
Nikkei Asian Review August 27, 2015 12:00 am JST, Courtesy of AA

TOKYO — SoftBank Group Chairman and CEO Masayoshi Son has long been discriminated against by Japanese because he is ethnically Korean.
http://asia.nikkei.com/magazine/20150827-THE-GREAT-FALL/Business/SoftBank-s-Son-stands-up-to-anti-Korean-bigotry-in-Japan

Even in his early childhood, he was attacked verbally and physically by Japanese classmates. In kindergarten, he was jeered at for being Korean. Once, another child cut his head open with a stone.

Today, he finds himself the target of malicious comments on the Internet. In a recent interview, Son talked about his experiences and his decision to be open about his background.

Q: Why did you choose to use your Korean family name instead of your Japanese one?

A: I used to go by Masayoshi Yasumoto before I went to the U.S. at the age of 16.

After I returned from the U.S. and decided to start a business, I had a choice before me — whether I should go with the Japanese family name Yasumoto, which all my family and relatives use, or the ancestral surname Son.

It is undoubtedly easier to go by Yasumoto when living in Japanese society. A number of celebrities and professional athletes use Japanese family names in their chosen professions. It is not my intention to criticize such a practice. But I decided to go against the tide and become the first among my relatives to use Son as my family name.

I won’t go into the reasons and the origin of this issue, but if you are born into one of those families of Korean descent, you are subject to groundless discrimination. There are many children who undergo such hardship.

When I was in elementary and junior high school, I was in agony over my identity so much that I seriously contemplated taking my own life. I’d say discrimination against people is that tough.

Then you might ask why I decided to go against all my relatives, including uncles and aunts, and started to use the Korean family name, Son.

I wanted to become a role model for ethnic Korean children and show them that a person of Korean descent like me, who publicly uses a Korean surname, can achieve success despite various challenges. If my doing so gives a sense of hope to even just one young person or 100 of them, I believe that is a million times more effective than raising a placard and shouting, “No discrimination.”

Q: Your coming out as an ethnic Korean risked involving the rest of your family, right?

A: I met with fierce objections from my relatives, who had hidden their real family name to live their lives in a small community. One of my relatives said, “If you come out as a Son from among us, that will expose all of us.”

People would start saying things like “They are ethnic Koreans” or “Your nephew is a Son, not a Yasumoto. So, you, too, are part of the kimchee clan.” That’s why they tried to dissuade me. But I told them: “What I will do may disturb you all, uncles and aunties. If so, you don’t need to say that I am a relative of yours. Just pretend that I am not related to you.”

Q: I hope there will be more success stories like yours in Japan. What do you think is necessary for that to happen?

A: Currently, many Japanese companies are losing confidence. They are losing out to competition and have collectively become introverted. In such circumstances, even if we are the only one, SoftBank has risen to the occasion and taken on much bigger rivals in the U.S. And if we survive … that will create a ripple effect and inspire even one company or 10 companies. I think that’s a form of social contribution.

Son speaks before an audience. The slogan in the background says, “Challenge yourself and new horizons will emerge.”
Not just us, but Mr. Tadashi Yanai (chairman and president of Fast Retailing) and Mr. Shigenobu Nagamori (chairman and president of Nidec), and Rakuten, DeNA and other companies are working hard to challenge themselves. If young business leaders can set a couple of successful precedents, that could give a much-needed boost and help revive the Japanese economy.

While it is important to oppose a move toward widening the wealth gap and put in place a social safety net, I think there is no need to stand in the way of other people’s success. It is unnecessary to gang up and lash out at those who are successful.

Successful people can serve as a light of hope for others. Personally, I think it is important to create a society where we can praise success and successful people. That will help keep alive Japanese dreams and create Japanese heroes.

Interviewed by Nikkei Ecology staff writer Takahiro Onishi; Nikkei Business Online Editor-in-Chief Shintaro Ikeda contributed to this story.

ENDS

Thoughts: How does a society eliminate bigotry? Through courts and media, for example. Not waiting for it to “happen naturally”. Two case studies.

mytest

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Hi Blog. One of the age-old debates about how to eliminate racial discrimination in Japan is a matter of process. Do you wait for society to soften up to the idea of people who are (and/or look) “foreign” being “Japanese”, or do you legislate and force people to stop being discriminatory? Critics of anti-discrimination activists often recommend that the latter apply the brakes on their social movement and wait for society in general to catch up — as in, “You can’t force people by law to be tolerant.”

Well, yes you can. History has shown that without a law (be it a US Civil Rights Act, a UK Race Relations Act, etc.)  and active media campaigns to force and foment tolerance, it doesn’t necessarily occur naturally. As we have seen in the Japanese example, which is approaching the 20th Anniversary of its signing the UN Convention on the Elimination of Racial Discrimination without keeping its promise to pass a law against racial discrimination.

I submit to Debito.org Readers two interesting case studies of how tolerance towards a) same-sex marriage, and b) transgender issues have been promoted in the American example. The speed at which LGBT tolerance and legal equality in many areas of American society has been breathtaking. Why have walls come tumbling down so fast? One case is with the US Supreme Court, which earlier this year found itself in a position to rule same-sex marriage constitutional because any other position would have been bigotry. Excerpt from a National Public Radio interview, dated July 2, 2015, on Fresh Air with Terry Gross:

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Was This Past Supreme Court Session ‘A Liberal Term For The Ages’?
NPR Fresh Air July 02, 2015

Full transcript at http://www.npr.org/templates/transcript/transcript.php?storyId=419468563
[…]
GROSS: This is FRESH AIR. And if you’re just joining us, my guest is Adam Liptak, the Supreme Court correspondent for The New York Times. And we’re talking about the term that just wrapped up. Now, we’ve been talking about the marriage equality decision. And something that you wrote I found so interesting about this, which is that a lot of law firms wouldn’t touch the anti-marriage equality side. Why not?

LIPTAK: Among a large number of Americans, and certainly Americans on the coast and certainly Americans who come from, call it elite backgrounds – you know, from the fancy colleges and law schools – and certainly what Justice Scalia in a memorable phrase called lawyers who work in high-rise buildings, this issue is done. There’s only one side to it, and the other side is pure bigotry. So that told you something about where at least the legal culture – the mainstream legal culture – was on this question. And, you know, that’s a contrast to, say, Brown V Board of Education, where the leading appellate lawyer of his day, John Davis, one of the founders of the prominent New York firm Davis Polk, argued in favor of segregated schools – or at least that the court should not stop them. So that was a change in the culture that was yet another indication that the court was going to come out the way it did.

GROSS: And it sounds like it was a business decision too – because you write that a lot of law firms were afraid if they took the position against marriage equality that they would lose clients, and they would have a difficult time attracting good lawyers to their firm. Those are business decisions.

LIPTAK: So that is absolutely true as a factual matter. The firms would say this is a matter of principle for them, and they didn’t take account of business realities. But we do have, you know, one example from just a few years ago, where quite possibly the best Supreme Court advocate of our day, Paul Clement, agreed to represent Congress – shouldn’t be a particularly controversial client – in defending the Defense of Marriage Act, which denied federal benefits to married same-sex couples. His firm essentially fired him for agreeing to represent Congress in trying to persuade the court to uphold a duly enacted law signed by President Clinton. So that tells you that this is – this is something where the firms were not inclined to take these cases.

GROSS: So do you think that the marriage equality decision lays the groundwork to opening up gay rights in other areas where it is still in question?

LIPTAK: It’s a huge and important and transformative victory. But in some ways, it’s symbolic and partial because much of the nation still doesn’t have laws against discriminating against gay and lesbian people. So in much of the nation, you can get married in the morning and fired in the afternoon from your job for being gay – and then denied housing because you’re gay. So the court decision only does so much and is limited to marriage. And unless legislatures act to impose general laws against sexual orientation discrimination, the work of the gay rights movement is not yet done. It’s a funny thing, that you get to marriage first and job discrimination later. […]

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COMMENT: The point is that the proponents of marriage equality (sic — note the terminology) managed to frame the debate in such a way that eventually there was no choice but to support one side (people arguing formerly-normal positions even lost their job), and nobody COULD support the other side without looking bigoted. And that came through in the formal interpretation of the law.  In Japan, however, as proven time and time again by the bigots who cloak their bigotry in nationalism and “culture” (see here and here for example), bigotry is still a tenable position.

The other item of interest is from Entertainment Weekly (which may seem to some a laughable source, but they write very good articles on the power and flow of media). Consider the process they describe in their special LGBT issue that came out last June:

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

The transition will be televised
Subtitle: In an era of increasing inclusiveness, TV proves once again to be media’s most effective agent of social change, this time by sharing rich stories about the transgender community
By Mark Harris
Entertainment Weekly Magazine, June 12 2015 (excerpt)
Full article at http://www.ew.com/article/2015/06/12/transition-will-be-televised

A sports figure comes out as transgender, and the general public is riveted by her story, which is met with everything from bigotry to curiosity to empathy. All at once, the subject seems to be everywhere from op-ed pages to dinner-table conversations. Transgender stories – this time fictional – start to gain a toehold in popular culture. The highest-rated sitcom on network TV takes some tentative steps toward exploring the fluidity of gender identity by having a gay cross-dressing performer as a recurring character. A popular medical drama wins an Emmy nomination for a two-part episode about a doctor who undergoes gender-reassignment surgery.

The year is 1976. Transgender Americans are, for the first time, having a moment. And then interest subsides. The caravan moves on. And the moment is over. How did it take 39 years for us to get all the way back to the starting line?

[…]
Minority representation on TV has always come in phases. Phase 1 is absence – or worse, stereotype. In Phase 2, minorities appear briefly, usually to teach majority characters life lessons or allow them to demonstrate tolerance, and then recede again. In Phase 3 – where we are now – they finally start to get their own stories told. Phase 4 – the characters stick around just because we’re interested in them – is on the near horizon. Phase 5 – we don’t have to write stories like this anymore – is farther off.

It’s not a shock that most of the trans narratives we’re seeing in 2015 are filtered through (or at least share screen time with) the perspective of non-transgender characters. Transparent and Becoming Us are as much about the kids as the parents, and as refreshing as it is to see trans characters woven into the ensembles of Orange Is the New Black and Sense8, there’s no escaping the fact that a large part of why they’re there is specifically to promote understanding – they’re a vehicle for communicating. That’s great, and essential, but it shouldn’t be confused with the finish line—which would be a pop cultural world in which trans people are simply part of the fabric and not used as devices. If you doubt how hard that goal is to reach on TV, consider that gay people, who outnumber trans people by roughly 10 to 1 in the national population, are still struggling for that kind of representation, and that a host of ethnic minorities (particularly Asians and Latinos) continue to fight for the day when they can turn on the TV and routinely see people who look like them.

In that regard, who’s behind the camera may matter at least as much as who’s in front of it. It’s not a coincidence that the most racially diverse prime-time lineup on any network – ABC’s Thursday-night roster of Grey’s Anatomy, Scandal, and How to Get Away With Murder – is overseen by a black woman, or that Will & Grace was co-created by a gay man, or that fictional Ellen’s coming-out was tied to real Ellen’s desire to tell her own truth. There’s no substitute for having someone in the room to whom the subject matters – it’s a corrective, it’s an incentive, and it’s a truth detector.

The 1976 flicker of interest in trans issues didn’t last because it was, though well-intentioned, not strong enough to combat an immense set of prevailing prejudices. This time, it might take root, not just because attitudes have changed, but because the current approach is less touristic and more firsthand. One of the creators of Sense8, Lana Wachowski, is trans. Transparent’s writer-director-creator Jill Soloway has a trans father. If Sophia seems like an exceptionally multidimensional trans character, that’s in part because Laverne Cox is on the scene. As she has noted, “It’s really important that trans folks are in positions of power in terms of creating our stories. I think that’s vital.” Orange Is the New Black creator Jenji Kohan has argued that a good writer should be able to write any character with truth and depth, and she’s right. But it’s an important breakthrough that there are now a handful of people in positions of power with a deep and personal investment in making sure TV gets this right. Four decades ago, we got off to a false start. Now, better late than never, we’re off to a good one. ENDS

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COMMENT:  The lesson here is that there are stages of “softening up a society”, but what’s crucial is that people who can best promote the tolerance, as in those affected by the intolerance, must be in a position of power within the media structures in order to get their message out.  As I have argued elsewhere, NJ and Visible Minorities are so shut out of Japanese media that they simply cannot do that.  They are seen as basically nonexistent entities in Japanese society both within and without (including outside scholarship on Japan).

All of these things will be discussed in greater detail in my forthcoming book, Embedded Racism:  Japan’s Visible Minorities and Racial Discrimination in Japan, out November.  Stay tuned.  Dr. ARUDOU, Debito

Mainichi: Unequal treatment for foreign and/or foreign-residing A-bomb victims? Supreme Court decision due Sept. 8

mytest

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Hi Blog. Continuing with historical reflection on the 70th anniversary of the end of WWII-Pacific and the dropping of the atomic bombs, let me turn the keyboard over to Debito.org Reader JK for an interesting insight, this time quite germane to the aims of Debito.org.  Let’s see what ruling gets handed down next month.  Dr. ARUDOU, Debito

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

August 11, 2015
JK: Hi Debito. Here’s something you may not have considered — unequal treatment for foreign and/or foreign-residing A-bomb victims.  From the article below:

“But separate from the law, the government sets an upper limit on financial medical aid to foreign atomic bomb sufferers.”

And this:

“Similar lawsuits were filed with district courts in Hiroshima and Nagasaki, but the two courts rejected the demands from A-bomb sufferers living outside Japan.”

Finally:

“I want them (Japanese authorities) to treat us the same way as they do to A-bomb sufferers in Japan no matter where we live.”

There’s obviously plenty of fodder here for a blog entry on debito.org, but putting that aside for the moment, there’s something subtle I noticed when reading the article, specifically, this:

2014年6月の大阪高裁判決は、援護法について「国の責任で被爆者の救済を 図る国家補償の性格がある。国外での医療費を支給対象から除外するこ とは合 理的ではない」などと認定。

In its June 2014 ruling, the Osaka High Court said that the Atomic Bomb Survivors’ Support Law “has an attribute of state reparations in which the state is required to take responsibility to give aid to A-bomb survivors. It is not reasonable to exclude medical expenses incurred abroad from the list of medical costs to be covered by the state.”

Did you catch it?

It’s this: reasonableness / unreasonableness as the basis for legal opinion (i.e. unreasonable exclusion of foreign medical expenses).

Does this ring a bell for you? I sure hope so!

If not, you may recall the legal opinion of a one Mr. Keiichi Sakamoto with regard to unreasonable discrimination

Now, I am no lawyer, but the problem I see with using the notion of reasonableness / unreasonableness in this way is that it leaves the door open to abuse (e.g. there may be a scenario where excluding medical expenses incurred abroad by foreign A-bomb victims is, in the opinion of the court, reasonable, or discrimination by an onsen refusing to admit NJ *is* reasonable, etc.)

At any rate, here are the references. Regards, JK

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

http://mainichi.jp/english/english/newsselect/news/20150811p2a00m0na005000c.html
Supreme Court likely to rule in favor of Korean A-bomb sufferers over medical costs
The Mainichi Shinbun, August 11, 2015

The Supreme Court has decided to rule Sept. 8 on a lower court decision revoking the 2011 Osaka Prefectural Government’s decision not to cover the medical costs of South Korean survivors of the Hiroshima atomic bombing who received medical treatment in South Korea.

The Third Petty Bench of the Supreme Court is likely to uphold the Osaka High Court’s decision on the case as it has not held any hearings necessary to review the high court’s ruling that Japanese authorities must cover all medical expenses for A-bomb sufferers residing abroad.

The plaintiffs are a Korean who returned to South Korea after surviving the Hiroshima atomic bombing and relatives of two other now-deceased Korean A-bomb sufferers. Although the South Korean A-bomb survivors had received an Atomic Bomb Survivor’s Handbook, the Osaka Prefectural Government turned down their applications for provision of medical expenses incurred in South Korea. The plaintiffs have demanded that the Osaka Prefectural Government scrap its decision to refuse to pay them the medical costs, among other requests.

In its June 2014 ruling, the Osaka High Court said that the Atomic Bomb Survivors’ Support Law “has an attribute of state reparations in which the state is required to take responsibility to give aid to A-bomb survivors. It is not reasonable to exclude medical expenses incurred abroad from the list of medical costs to be covered by the state.” The Osaka High Court upheld the October 2013 Osaka District Court’s decision that called for payment of all medical costs and turned down an appeal from the Osaka Prefectural Government.

The state has been covering all medical expenses for A-bomb sufferers residing in Japan under the Atomic Bomb Survivors’ Support Law. But separate from the law, the government sets an upper limit on financial medical aid to foreign atomic bomb sufferers. Such being the case, A-bomb sufferers living abroad have argued that the government’s support for them is not enough.

According to the Ministry of Health, Labor and Welfare, there were about 4,300 A-bomb sufferers living abroad who had an Atomic Bomb Survivor’s Handbook as of the end of March 2015. Similar lawsuits were filed with district courts in Hiroshima and Nagasaki, but the two courts rejected the demands from A-bomb sufferers living outside Japan.

The South Korean plaintiffs are likely to win the lawsuit being fought in Osaka over whether the provision for medical expense coverage stipulated in the Atomic Bomb Survivors’ Support Law applies to A-bomb sufferers living abroad. Supporters for A-bomb sufferers abroad said A-bomb victims and their bereaved families overseas had felt relieved after hearing the news. But because the district courts in Hiroshima and Nagasaki handed down opposite rulings over similar lawsuits, supporters for foreign A-bomb victims are calling for quickly removing the disparity in medical support between the victims in Japan and those abroad considering the years passed since the atomic bombings.

The plaintiffs in the lawsuit filed in Osaka are Lee Hong-hyon, a 69-year-old South Korean man, and relatives of two other South Korean A-bomb sufferers who already passed away. They filed applications with the Osaka Prefectural Government to receive medical expenses incurred in South Korea. But the prefectural government turned down their applications, saying that medical expenses incurred overseas cannot be covered. Therefore, the South Koreans decided to file the lawsuit.

Junko Ichiba, 59-year-old chair of the Association of Citizens for the Support of South Korean Atomic Bomb Victims, conveyed the latest development to the South Korean plaintiffs on the evening of Aug. 10. Ichiba quoted Lee Hong-hyon as saying, “I want them (Japanese authorities) to treat us the same way as they do to A-bomb sufferers in Japan no matter where we live.”

People concerned with the lawsuits in Hiroshima and Nagasaki expressed hope that the Osaka case would have a positive effect on the cases in Hiroshima and Nagasaki. Keizaburo Toyonaga, a 79-year-old A-bomb sufferer who heads the Hiroshima branch of the “Citizens’ Association for Helping Korean A-bomb Survivors,” said, “I am very pleased. The Atomic Bomb Survivors’ Support Law should be revised as soon as possible.” Nobuto Hirano, co-representative of a Nagasaki-based liaison support group for A-bomb victims overseas, said, “It is good news. The state should revise the system promptly.” The group provides support to plaintiffs in the Nagasaki case.
ENDS

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

在外被爆者医療費:「全額支給」確定へ9月8日最高裁判決
http://mainichi.jp/select/news/20150811k0000m040074000c.html

被爆者援護法の医療費支給規定が海外に住む被爆者に適用されるかが争われた訴訟の上告審で、最高裁第3小法廷(岡部喜代子裁判長)は判決期日を9月8日に指定した。高裁の判断を見直す際に必要な弁論を開いておらず、在外被爆者の医療費の全額支給を認めた大阪高裁判決が確定する見通しとなった。

原告は、広島で被爆し韓国に帰国した被爆者や死亡した被爆者の遺族ら。被爆者健康手帳の交付を受けたが、韓国での医療費の支給申請を大阪府に却下され、処分の取り消しなどを求めていた。

2014年6月の大阪高裁判決は、援護法について「国の責任で被爆者の救済を図る国家補償の性格がある。国外での医療費を支給対象から除外することは合理的ではない」などと認定。医療費の全額支給を認めた1審・大阪地裁判決(13年10月)を支持し、府側の控訴を棄却していた。

国は援護法に基づいて、国内の被爆者に医療費を全額支給している。しかし在外被爆者については援護法とは別枠で上限を設けて医療費を助成し、在外被爆者らは「不十分だ」と訴えていた。

厚生労働省によると被爆者健康手帳を持つ在外被爆者は3月末現在で約4300人。広島、長崎両地裁でも同種の訴訟が起こされていたが、在外被爆者側の請求を棄却(いずれも控訴)しており、司法判断が分かれていた。【山本将克】

mainichi081015

ENDS

==========================================
— UPDATE: GOOD NEWS. DEBITO

Supreme Court rules hibakusha overseas are entitled to full medical expenses
BY TOMOHIRO OSAKI STAFF WRITER
THE JAPAN TIMES, SEP 8, 2015
http://www.japantimes.co.jp/news/2015/09/08/national/crime-legal/supreme-court-rules-hibakusha-overseas-entitled-full-medical-expenses/

Japan Times: Debate on anti-discrimination bill begins in Diet; sadly, doomed to failure

mytest

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Hi Blog.  Something important is going on here.  Comment follows article excerpt:

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

Debate on anti-discrimination bill begins in Diet
BY REIJI YOSHIDA
THE JAPAN TIMES, AUG 4, 2015

The Diet started deliberations Tuesday on a bill that would ban racial discrimination, including harassment and hate speech, and oblige the government to draw up anti-discrimination programs that report every year to lawmakers.

The bill, submitted to the Upper House by opposition lawmakers, was crafted to cope with a recent rise in discrimination against non-Japanese, in particular ethnic Koreans.

However, it does not have punitive provisions and whether it will ever be enacted remains unclear, as lawmakers of the ruling Liberal Democratic Party reportedly remain reluctant to support the proposal.

The Democratic Party of Japan, the Social Democratic Party and independent Upper House member Keiko Itokazu jointly submitted the bill.

Speaking in the Lower House in February, Prime Minister Shinzo Abe emphasized that racial discrimination, including hate speech, should never be tolerated in Japan.

But at the same time, he indicated he is reluctant to push for a new law, saying the government instead will use existing laws to deal with discrimination and promote enlightenment and educational activities.

“First, the government will properly apply existing laws to eradicate hate speech and racial discrimination,” Abe told the Lower House Budget Committee.

However, as Komeito lawmaker Toru Kunishige pointed out during that committee session, current laws apply only to defamation and insults against specific individuals, and not to hate speech against unspecified people of a racial group.

In August last year, the U.N. Committee on the Elimination of Racial Discrimination urged the Japanese government to regulate hate speech by law, following a rise in racist demonstrations mainly targeting Korean residents.

The Upper House bill would ban:

Unjustifiable discrimination based on race.

Insults and harassment because of the race of a person.

Use of discriminatory and abusive language and activities in public against unspecified people of a certain race. […]

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

Rest of the article at http://www.japantimes.co.jp/news/2015/08/04/national/politics-diplomacy/debate-anti-discrimination-bill-begins-diet/

COMMENT FROM DEBITO:  Well, I’m heartened that somebody in Japanese politics these days still cares about the plight of Japan’s minorities, particularly its Visible Minorities in particular, who will be affected by, as the opposition Democratic Party of Japan put it, “racial discrimination” (jinshu sabetsu).  Good to see that term resurfacing in the letter of the law.

(Here’s the proposal from the DPJ website, in Japanese.)

Sadly,

  1. The DPJ hasn’t a snowball’s chance of getting this passed.  The numbers simply aren’t there given the Liberal Democratic Party coalition’s overwhelming majority in both houses of the Diet.  And,
  2. It’s already front-loaded for failure, what with:
  3. a) the caveats of “unjustifiable discrimination based upon race” (ah, it’s so sad that there are concessions made for the obviously “justifiable” examples of racial discrimination in Japanese society), and
  4. b) the lack of any punitive measures for offenders.  In other words, the same old law that has no enforcement power, such as the Equal Employment Opportunities Law that has not affected the equal employment of women (in terms of equalizing salaries) one jot in Japan.

Anyway, I’ve tried doing something like this in the past (now over a decade ago; how time flies).  I think it’ll probably end up just as ignored.  Nice try DPJ, and I salute you for it.  It’s a pity you’ve already added the caveats that will void the bill even before it’s killed in debate.  Dr. ARUDOU, Debito

Japan Times JBC 90: “Claiming the right to be Japanese AND more”, Aug 3, 2015

mytest

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Hi Blog.  Thanks to everyone for reading and commenting to my next Japan Times JBC Column 90, disputing the discourse that people 1) have to “look Japanese” in order to be “Japanese”, and 2) cannot be Japanese AND something else (such as a different nationality, “race”, or ethnicity).  I make the case that many things such as these, once ascribed from birth, are now a matter of personal choice — and that person must claim it (in the face of constant identity policing) in order to own it.

As noted in the column, this think piece is grounded in a debate I had earlier this month regarding an incident with a bank teller in Canada who expressed incredulity at me having a Japanese passport.  Thanks for making it the most-read article on the JT Online for two days again this month.  Dr. ARUDOU, Debito

PS:  Sneak preview of the article’s illustration, by Adam Pasion:

DebitoJT0803151

JUST BE CAUSE
justbecauseicon.jpg

Claiming the right to be Japanese AND more

By Dr. ARUDOU, Debito
JUST BE CAUSE column 90 for the Japan Times Community Page
August 3, 2015
http://www.japantimes.co.jp/community/2015/08/02/issues/claiming-right-japanese/ 

“A Japanese passport? You don’t look Japanese.”

I get this all the time. Understandably: Most people don’t expect a Caucasian to have Japanese citizenship.

It’s just a shame they so carelessly articulate their surprise. No matter where I go, a natural curiosity about my background soon turns into vocalized judgment.

“What an unusual name. Where are you from?”
Me: “Japan” (or, “Born in the U.S., lived in Japan,” if I’m feeling chatty).
Their most common response: “But you don’t look Japanese.”

Or Customs and Immigration at any border: “What’s with the Japanese passport?”
“I’m a naturalized Japanese citizen.”
Again, “You don’t look Japanese.” (That’s the milder reaction. In Jamaica, officials took my passport around the office for a laugh. In the U.S., they rendered me to secondary for a few hours of waiting and inquisition until I missed my next flight. Seriously.)

Trying to dodge these questions by saying “It’s a long story” often doesn’t cut it. (American official: “Oh? We’ve got time.”) Having to school everyone about my background on a daily basis gets tiring, and biting my lip through many an intrusive and sometimes humiliating experience leaves psychological “triggers” after a while.

I realized that last month on vacation in Canada, when a bank teller asked for my ID. Passport presented, out it popped: “It’s funny you have a Japanese passport. You don’t look Japanese.” I snapped back: “Let’s not go there. Lose the racism and complete the transaction.”

Afterwards, I asked the teller (an Asian gentleman), “How would you like it if you produced a Canadian passport and I said, ‘That’s funny; you don’t look Canadian’?” He said, not much, and apologized.

There are a few important details to this story I don’t have space for (see www.debito.org/?p=13381), but the conclusion was that the manager sent the teller home for the day (a surprise to me, as I never asked for any sanction) and then invited me to his office for a chat.

“I understand your frustration,” said the manager, “because I am Metis.” He was referring to his official minority status in Canada as a descendent of First Nation aboriginals and colonial settlers.

“I hate it when people I’m doing business with tell me that I don’t ‘look Metis,’ even after I show my status card.” He said that this kind of behavior was unacceptable at his bank, and in Canada.

Refreshed by this experience, I blogged and Facebooked about this no-nonsense zero tolerance. And then the topic blew up in my face.

Some readers wrote in to say I had overreacted. Instead of jumping straight to “racism,” I could have defused things with a quick explanation of my background or a joke.

Others said that I was defying common sense. A white guy with a Japanese passport expecting no surprise? Unreasonable. (Surprise I do expect. Vocalizing that surprise in a professional setting and calling a customer’s identity “funny” is problematic.)

The critics that really got my goat were those that expressed disgust at my acting so “un-Japanese” (as in, not avoiding conflict) and went on say that, to them, I no longer qualified as a Japanese. (I unfriended them because that’s pretty thoughtless. By their logic, I could murder somebody and still qualify, since some Japanese do murder.)

The most interesting argument accused me of exercising my “white privilege”: “You get to be white and Japanese? You’ve taken this too far!” I had victimized the Asian teller because I had the power in this relationship as a white in Canada’s white-dominated society. (The critic’s thoughtful essay and my answer are archived at www.debito.org/?p=13404.)

For the record, I don’t doubt the existence of white privilege. (You can even find an example on our Community pages: Gregory Clark’s Dec. 4, 2014 “Kick out the touts who rule Roppongi” Foreign Agenda column.) I acknowledge that I have received advantageous treatment worldwide due to my lighter skin color and white background.

But the two of us parted paths at the point where the critic said I could not be “white and Japanese.” I do not believe that they are mutually exclusive. (Neither does Japan: In apartheid South Africa, Japan successfully lobbied to be Japanese and “honorary whites”.)

I’m Japanese and white because I earned it — through decades of study and self-education, acculturation, living and contributing to Japanese society, dedication and sacrifice (including my American citizenship and even my very name), and close scrutiny by the Japanese government of my “Japaneseness” in ways not seen in other countries’ naturalization processes.

I am certifiably Japanese because the Japanese government says I am, and they gave me a tough test to prove it. I am not Japanese but white. I’m claiming the “and.”

So why write a column about this? After all, I got myself onto this sticky wicket by naturalizing into a country with few “non-Asian-looking” citizens.

Because this goes beyond me. What about the people who didn’t have a choice — like our Japanese kids?

It shouldn’t be an issue. They are Japanese children, full stop. And they can be something else yet 100 percent Japanese. It’s not a zero-sum game. (That’s why I am not a fan of the term hāfu.) I say claim the “and.” For them.

Mountains out of molehills? OK, how will you react the 100th time (or the fifth time in a day) that you hear, “Oh, what cute gaijin kids!” Will you stand idly by when people openly doubt your kids’ identity as they grow up and risk being denied equal opportunities in society?

We’re fully formed adults — we can take these sucker punches — but kids need someone in their corner, pushing for their right to be diverse yet belong.

The push must happen until the point where the surprise is switched around — into shock at someone daring to imply that a citizen or resident with a surprising background is not a “real” or “normal” member of society.

Admittedly, careless comments from individuals are not something you can immediately fix, but alienating attitudes about people’s identities should not be expressed in a corporate or official capacity. To anyone. Anywhere. That’s where the push starts.

Don’t get me wrong: People can think what they like. But if they articulate thoughts inaccurate, unkind or alienating about us or the people we care for, we should reserve the right to push back accordingly — and not succumb to the majoritarian identity policing that goes on everywhere.

But let’s come down from ideals and return to the bank counter. The main issue there was not the law of averages determining “normal” or “triggers” or “privilege.” It was one of self-identification.

Pause for a second and take stock of where things are going these days: Somebody can self-identify as Japanese and African-American, and represent Japan at the Miss Universe contest (like Ariana Miyamoto). Or be male and then female or vice versa (like Caitlyn Jenner, Chaz Bono, Laverne Cox and Lana Wachowsky). Or be LGBT and married. Or, like Rachel Dolezal, be white and “culturally black” enough to head a chapter of America’s National Association for the Advancement of Colored People.

A future is emerging where the major social statuses assigned us from birth — e.g., gender, “race,” nationality, even ethnicity — are breaking down. They can be a matter of personal choice.

That’s a good thing. With the unprecedented porosity of international borders nowadays, the notion of a “normal” person is ever eroding. That’s why I believe that anyone should be allowed to shape, control and, yes, claim their own identity.

Now, you might think that Japan, the island society, is unaffected by these trends. I would disagree. As I describe in my forthcoming book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination,” the pressure of Japan’s aging demographics is unrelenting. If Japan cannot get over the conceit of having to “look Japanese” to be treated as one, then it cannot make “new Japanese,” and the country will continue to sink into an insolvent economic abyss.

Thus, if our Japanese kids cannot self-identify, hundreds of thousands of them (eventually millions, as people continue mixing) will spend their lives having their identities policed back into being “foreign,” not fitting in when they should be welcomed for all their potential as individuals with more worldly insights.

Let’s knock off the identity policing. Stop telling people who they are. Let them tell us. Let them claim the “and.”

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

Debito’s 20-year-old historical archive of life and human rights in Japan is at www.debito.org. Twitter @arudoudebito. Just Be Cause appears in print on the first Monday Community Page of the month. Your comments and story ideas: community@japantimes.co.jp

ENDS

Update to Canada bank racism issue: Fascinating FB conversation gets me to capitulate

mytest

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Hi Blog. A couple of weeks ago, shortly before bedtime when I was tired and on vacation, I tossed off a blog entry on Debito.org about my recent experience with what I considered to be racism towards me at a Canadian bank for not having a passport that matched the bank teller’s expectation of phenotype. In other words, the teller said my having a Japanese passport was “funny” to him, as I didn’t “look Japanese”.

This was quickly dealt with in a way that I had never seen done in, for example, Japan (where this behavior would in my experience be explained away as a cultural misunderstanding, oversensitivity on my part, etc.).  In Canada, the manager intervened, and (unbeknownst to us at the time) sent the teller home.  The manager, who happened to be a minority in Canada, then said he well understood my distaste for identity policing of this ilk. In sum, the blog post was to give kudos to Canadian society for stopping this sort of thing in its tracks.

I had thought this was a pretty summary case, and wrote it up as such. However, I had no idea that it would blow up in my face.

So much so that I had to add an addendum to the post from a person accompanying me to that bank, filling in a number of things I hadn’t bothered to mention — such as the fact that we called the manager because we had a separate issue of business that needed a manager’s attention, and the teller in fact interfered with that request, and more. (I encourage people who haven’t read the original Debito.org blog entry to go here and do so before reading further.  In fact, sorry to do this:  since I don’t want to just rehash the debate below, comments that don’t reflect a careful reading of that post and the subsequent text will not be allowed through.)

This blog post is to archive the essence of a very informative discussion on my Facebook that was occasioned by this blog entry.

The discussion cleaved into several quite distinct camps, essentially:

  1. Support for what I did.
  2. Criticism for my overdoing it — surely this could have been handled better by me, e.g., by deflecting it with a quick explanation of my background or a bit of humor.
  3. Disbelief at my inability to use common sense:  To them, of course I don’t “look Japanese” (especially in a society with so few Caucasian Japanese), so my apparent expectation of the teller’s lack of surprise is unreasonable.
  4. Anger (especially from Canadians) of my acting like a typically-loud and conflict-encouraging American in Canada.
  5. Disgust at my acting so atypically Japanese that I no longer qualified as a Japanese in that person’s eyes (and that was it for us:  Unfriended. Anyone who says I’m not “Japanese” because I don’t look or act “Japanese” in their view is neither a friend nor a person I care to talk to again.  That’s taking the identity policing too far.  After all, I could have committed a murder, and that would not have disqualified me — since some Japanese people murder, and don’t lose their “Japanese” status; my objecting to a teller’s inappropriate statement is somehow worse than that?)
  6. Outrage towards my victimizing the teller (who as, I pointed out in my blog post, I deduced to be of native Korean background).  To them, I was oblivious towards my White Privilege in a White-majority and White-dominated society.

The most articulate proponent of Camp 6 was a person I will call JG, and he posted a comment so well-argued that I thought it worth archiving in full at Debito.org.   I answered it after a few days (again, I had a number of other commitments while on vacation, and didn’t want to just toss something off again), but here it is:

(N.B. There is one more bit at the very end, after JG’s and my exchange, where I essentially capitulate and agree that I overdid it this time.  Do read to the bottom if you’re convinced that I never admit I’m wrong.)

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

Debito:  Hi Everyone. At long last, here is my reply to JG essay. I am sorry for taking so long — these things take time to compose, so thank you for your patience. For completeness’ sake, I will quote it in full with my answers after each one of his paragraphs:

JG: Sorry, this smells of white-privilege, dude! You get to be white AND Japanese! You’ve taken this TOO far! […] I mentioned in another sub-thread that your actions smacked of “white-privilege”, but I think that you missed my point, or choose to ignore it, which is a very symptom of said privilege. What I mean by “white-privilege” in this context is that when one speaks about discrimination, one cannot ignore the part that power plays in the situation. In this case, you are in Canada, NOT in Japan, so the context of power changes. In Canada, you are perceived as WHITE, which in North America is the gold-standard (it is also the case in Japan, but that is another discussion). People who are perceived as White have certain advantages that others who are not perceived as White. Please note that I am not talking about ethnicity or culture here, but the socially-constructed notion of RACE that is defined primarily by stereotypical physical attributes and phenotypes interpreted through the lens of the observer. So while you may “feel” that you are Japanese, others will see you as WHITE; and this is especially salient in the North American context where being labeled as WHITE affords you privileges not afforded to others, even though they may be citizens through birth or naturalization.

Debito: I do not dispute either in concept or form the existence of White Privilege. I acknowledge that being White has assisted and does assist me and others who look like me from society to society, and that the treatment of people deemed to be “White” by society provides systemic advantages in societies that are both White-majority and Non-White-majority dominated. And I acknowledge that people will see me as “White” anywhere I go.

Where you and I part company in this paragraph is my wish to be White AND Japanese. I do not believe that they are (or should be) mutually exclusive. Just as Japanese themselves in Apartheid South Africa successfully lobbied to be Japanese AND “Honorary Whites” under the law. And this was not a case of naturalization in the ASA example, either. My being naturalized as a Japanese gives me even more standing to claim that I am Japanese AND White; I’ve earned this qualification through decades of study and self-education, acculturation, time spent in and contributions to Japanese society, dedication and sacrifice (including my American passport and even my very name), and close scrutiny by the Japanese government of my “Japaneseness” in ways not seen in other countries’ naturalization processes. I am certifiably Japanese because the Japanese government says I am, and they gave me a tough test to prove it.

Moreover, I am not willing to have my identity policed by others, unaware of this degree of dedication, into being Japanese BUT White anywhere I go. I am a Japanese, full stop. As are my Japanese children, full stop. As are yours, full stop. Regardless of how our children look, anywhere in the world, they are ALSO Japanese. It is up to us to claim that for ourselves and them, and not succumb to the majoritarian identity policing that goes on everywhere. Otherwise we’d still have people saying in other societies that they were not “real” members of (insert society here). This must stop, as borders nowadays with international migration and immigration are porous like never before. I believe that introducing White Privilege into the mix here distracts and detracts from the main issue, which is: self-identification. I believe that a person has the right to shape and control their own identity, and claim it when necessary without being unduly accused of an abuse of social power.

JG: Now, in consideration of the above, can you see how YOU were the one with the power in this exchange? Sure, the statement that the guy made may have been insensitive or, giving him the benefit of the doubt, he may have not experienced a “white” person who identified himself as part of a group that has been historically “non-white”, especially when identifying as “white” affords so much advantage and social capital. Also, considering that he himself was a visible minority, might take a bit of offense to someone with such obvious social advantage, identifying himself as a part of the Asian community. In other words, “Why is this White guy trying to be like us? Is he trying to appropriate our culture like the other whites in the past took the land, culture, and livelihood during colonization?”

Debito: Yes, now let’s talk about the power relations here in this particular case regardless of self-identification. You made the case that I, as a White person, had the power in this relationship. That could very well be the case, and I won’t deny it as a possible factor. (Not mentioned is that I also had the power in this relationship as an account holder and a customer.) He was no doubt surprised by a person like me having a passport like that (I don’t blame him for that — it’s an understandable reaction). And his reaction was probably innocuous and not ill-intentioned. All agreed so far.

That said, the issue in this situation I believe is the remark he made. If the teller had also been identifiable and self-identified as “White”, I would have reacted the same way to this social othering. It doesn’t matter what the teller’s background is: It’s an inappropriate remark.

Where we part company further is in seeing everything revolving around a person socially-identified as “White” as riddled with White Privilege that is actually being enforced consciously or unconsciously. My existing as a White Japanese possibly (as you argued) being seen as an appropriator of his culture is his baggage. And if he wants a job dealing with people in a customer-client relationship, he must lose that baggage, or at least not act or remark on it — just as anyone “White” who has to deal with any Visible Minority must lose their personal baggage, as part of company policy as a company representative.

Whether or not that baggage can ever be properly “loseable” is something we can debate (I also concur that racialization processes make that impossible to reduce to zero), but I don’t think its existence should be used as an excuse to empower hypocrisy. By that I mean, if I can’t do it to him, he can’t do it to me. And to imply that he can just because I’m apparently White and he’s not is unduly switching the victimization. That goes for anywhere that has any claims (including the Non-White majoritarian societies) to having anti-discrimination rules and practices.

(Further, if legacies of colonization that you brought up were an issue for this gentleman, the Japanese colonized Korea, so Whiteness is quite probably not a factor in this.)

If the very sight of me somehow, as you put it, “offends” him (which I think is unlikely, but that’s how you couched this issue), I don’t think he should be doing this particular job. But anyway, I really don’t think that’s what happening here. I’m sure he’s a fine teller that just let his tongue slip and vocalized the first thing that popped into his head. You can make the case that I overreacted to it (and I’m fine with that interpretation), but to say that I victimized him just because I happened to be White and he didn’t is in my opinion, in this case, a stretch.

JG: Regardless of what was going on in his head (because it is impossible to know), the facts as you have stated yourself, are that despite his initial shock of finding out that you were “Japanese”, he STILL provided you with service and did not challenge your identity in any meaningful or legal way that denied you anything; which is what TRUE discrimination is. As we understand it, you were not refused or denied service, you were not suspected of misrepresentation or of being a criminal, and the authorities were not called. It only seems that your feelings were hurt because this guy could not immediately recognize from your appearance that you were Japanese (or part of the larger imagined Asian community). And your response to this, instead of using this opportunity to educate him of the larger, diverse, growing imagined Asian diaspora to which you seem to be laying claim; and maybe making an ally in the process; you go for the nuclear option and call his boss on him, claiming “racism”!

Debito: Quite so. This is the better case to make that I overreacted, and, again, that interpretation is quite solid. He did not deny me service (although, as my accompanying eyewitness attested, he did interfere with us seeing the manager — but this information came later and you couldn’t have known it; you later still doubted I my second eyewitness was telling the truth, but more on that later).

However, let’s at least admit that he did deny me a comfortable space for doing business as a customer by socially-othering me. People may say that they wouldn’t react in the same way (that’s their prerogative, of course). Maybe that comment wouldn’t even make them personally uncomfortable. But again, I say, how much of this do you tolerate before you say enough?

One of the issues I have had to deal with just about every day no matter where I go in the world is the natural curiosity about my background turned into vocalized judgment. Where are you from? “Japan.” (Or, “Born in the US, but lived in Japan” if I’m feeling chatty.) Common response: “But you don’t look Japanese.” Or, “Interesting last name, where’s it from?” “Japan.” (Or some more elaborate variant.) “But you don’t look Japanese.” Customs official whenever I cross a border (except, amazingly, in Canada or Japan): “What’s with this Japanese passport?” “I’m a naturalized Japanese citizen.” “But you don’t look Japanese.” And that’s the milder version (at the Jamaican border they actually took my passport to their back room and had a laugh at it), before the Americans in particular render me to Secondary for a few hours’ of wait and inquisition until I miss my flight. I’m serious. Just saying “It’s a long story,” just doesn’t cut it, having to “school” everyone on a daily basis gets tiring, and having to bite my lip through a number of these intrusive and humiliating situations leaves a psychological mark after a while. It causes “triggers”, and that’s what I think was at play with this teller in Canada. That’s why I’m such a big fan of microaggressions as a social diagnosis — I face them every day and know the signals for my situation inside and out.

You might say I got myself into this situation by naturalizing into a country where there are few Non-“Asian”-looking citizens. Fine. But I’m not a unique case. What do you do when it starts happening to your Japanese kids who don’t look so-called “Asian”? How will you react the hundredth time (or the fifth time in a day): “Oh, what cute gaijin kids!” And will you stand by when people doubt your kids’ identity as they grow older and start dealing with society’s veto gates? Alienating comments like these between individuals are not something you can do much about. But these alienating attitudes being expressed in a corporate or official capacity should not happen. To anyone.

Further, as I have said before, I was not in the bank that day to school the teller. That’s not my job. Just like it was not my job to correct everyone’s English everywhere, anyplace, when I was an English teacher. My job is to complete the transaction and get on with my day, and I’d like that to happen without having to deal with vocalized prejudice.

JG: Please do not get me wrong, as a permanent resident of Japan for almost 18 years with a Japanese wife and child, as well as considering Japanese citizenship myself, I understand that if this happened in JAPAN, one MIGHT understand the desire to call the boss in. However, this happened in CANADA, NORTH AMERICA! Why would you hold the same standard of being treated as a Japanese to a person who is not Japanese, in a place that is NOT Japan?

Debito: Sorry, we’re not going to agree on this, but I don’t believe this should happen anywhere regardless of whatever humans we’re dealing with, or what “race/ethnicity/group/etc.” is dominant in a society. That includes Japan, Canada, wherever. When it happens to you as a Japanese citizen enough times, you might react differently. I don’t know you and I’m sure, of course, but you don’t know me either, and I wouldn’t be so summarily dismissive of my position (and just put it down to “White Privilege”) when you’re not in it yet.

JG: The most critical point to my argument is this: YOU were the transgressor in this situation, NOT the teller. I am sure that the boss took your complaint seriously, openly scolded the teller, and summarily dismissed him in your presence; but guess what? It wasn’t because you were JAPANESE, it was because you were WHITE! You were in a bank in North America, where white people have social advantage due to physical attributes that are interpreted by the majority as being advantageous, where the system is tilted more to the side of said people, and where visible minorities have historically (and are still) at a disadvantage.

Debito: You might be right that I got preferential treatment because I’m White, I don’t know. But I rather doubt it in this case. Remember, you’ve got the facts of the case wrong (and wouldn’t believe further testimony): 1) the teller was not dismissed in our presence (he was after we left the building the first time), 2) we didn’t ask for the sanctions that he got (in fact, we didn’t ask for any sanctions at all), and 3) we would not have even KNOWN that those sanctions had happened if we hadn’t gone back and talked to the manager (meaning his sanction was not done for our benefit to curry favor with the White privileged). Moreover, 4) if White Privilege was a factor, wasn’t the fact that the manager was a minority himself in a position of power have any bearing here? Might one not be able to make the argument that since both the teller AND the manager were minorities in Canada, that they might have banded together to protect each other against the White Privilege? I don’t know. But I can’t conclude definitively that White Privilege was at play here, and I hope that you won’t simply say, “You can’t conclude because you’re White.” The evidence just isn’t conclusive either way.

JG: I notice that you have fallen in love with the term “microaggression” in your writings and I would like to say that your understanding of the term falls extremely short, and this situation is stark evidence of it! Again, as as WHITE person, no, better yet, a WHITE MALE in North America, who (whether you are aware of it or not) has social capital and power afforded to him by his physicality, you basically bullied a visible minority Korean-Canadian into accepting the way YOU see the world and you possibly endangered his carreer and future job prospects! How can you call yourself a crusader for visible minorities when you used your WHITE-PRIVILEGE to take the livelihood of a person with less power than you over a simple comment?!?

Debito: I think the bank was the one who told the teller how the company sees the world and how he should represent the company, not us. I know, you’ll couch it as the bank trying to appease the Dominant Whites, but I think this would have happened to any teller of any background who said this. Agree to disagree.

Also, I somewhat doubt this teller’s career is in danger, and I base this on a conversation I had with another Canadian manager friend I consulted with two days ago who has experience in these customer-service situations. Although my friend would not have taken the measure of sending the teller home (and he doubts that it involved a day without pay, either), he said that after a reprimand and a promise not to do it again, this would be seen as a teachable moment and forgotten shortly thereafter as long as it didn’t happen again. He strongly doubts that there would be any career endangerment.

Of course, this is all speculation. But so is the speculation about career endangerment, as is the speculation that White Privilege was involved here. We simply don’t have enough data about the event to say definitively what power relations were at play.

JG: And since you tend to use personal anecdotes as “facts” for your arguments, allow me to follow suit: I am a Irish-Scottish-Chickasaw-Chotaw-Jamaican-African American. I am most often identified as “black” by others (although I have been called Indian, Arab, Mexican, or just “foreigner” in my time in the US) mainly due to skin color. When I go back to the US to visit, I shop with my Japanese credit card and sign the card in Japanese because that is the name I use in Japan. I almost ALWAYS get looks when I do this, just as I do here in Japan. Both here and in other countries I sometimes even get, “Are you SURE this is your signature?” and I simply reply with a matter-of-fact, “Yes” or “Sou desu”, for whichever the situation calls. I do not call for a manager and complain as it is not necessary. I know that you are more Japanese than I am, but from my understanding, the prevailing culturally appropriate attitude for most Japanese is to avoid conflict when at all possible.

Debito: Okay. That’s how you deal with it; I respect that. Not necessarily how I would always deal with it. Perhaps you think we have different coping strategies because you are seen as “black” and I am seen as “white”. Perfectly feasible. But saying that I can’t react a certain way because I’m seen as “white” is a bit disempowering when facing discrimination. I’d rather deal with discrimination using ways granted to us as human beings within a society by the law, regardless of my (or anyone’s) skin color.

JG: Now imagine that I, as a “black” person, reacted the way YOU did at the bank in Canada. Do you honestly believe that I would be treated with the same respect? Well, in Canada, maybe. But in the US, it could very well turn into a story on the evening news! Let me give YOU a teaching point that you failed to give the Canadian teller: Visible minorities go through this ALL THE TIME! When a black person experiences and awkward moment or a “mistake” happens, we always have to question whether it was just an innocent misstep or was there actual discrimination going on. Where the PRIVILEGE comes in is that you, as a WHITE MALE, you have the freedom to question and complain, while a black person risks being called “ghetto”, “uncivilized”, or “an angry black man”! Your white-privilege shelters you from this reality. I am not blaming you for it, but as a so-called social activist you should be aware of it!

Debito: I see your point very well. I am aware that Visible Minorities have had (and still have) it pretty rough in various societies, and that Whites have had it pretty damned good for centuries. I would hope that if a person identified as Visible Minority in any society had this happen to her/him, that they too would stand up for themselves as I did, regardless of the social opprobrium and unfair facile labeling that frequently befalls them. That they have done so bravely for so long is inspiring and instructional, not to mention progressive. But clearly the “White Privilege” really hasn’t shielded me this time, in this discussion. Nor has it shielded me over the years, as people have seen me as the “outraged man tilting at windmills” etc., and assumed that just about everything I do is something I do with anger and out of anger etc. (See examples of criticism at http://www.debito.org/?p=12274, and proof of my style of activism at http://www.debito.org/?p=13365). Anyway, your point about having to question whether it was an innocent misstep or actual discrimination going on is well taken.

JG: It is natural for people culturally, socially, and economically “double-dip” if it is advantageous and if they can get away with it, but PLEASE do not insult the intelligence of the people here by telling us that you are “doing it for the greater good” and “doing it for us”!

Debito: Did I tell you that? Are you quoting me? I’ll answer that: No. I did not say that. Please do not cite things I did not say as some kind of evidence.

JG: I know by telling you all of this, I run the risk of being blocked and unfriended, as you have demonstrated by doing it to others who disagree with you. This is why I find your earlier comment about how society and the law agrees with you very ironic, since you quite liberally exercise your power to divorce yourself from dissenters. However, I hope you choose not to, as I hope that we can learn more from one another though this exchange.

Debito: No, you did not run the risk of being blocked for telling me all this (in fact, as I’ve said repeatedly, it’s a very thoughtful, well-crafted, earnest essay; thanks for it). What I do block people for is for being abusive. You were not abusive here. You were abusive later, which is why I eventually blocked you, long after you refused my request for retracting the angry comments you made later:

(For the record, what I requested of JG: “I would like you to retract the statements you make above basically accusing me of lying about having another eyewitness to this issue, not to mention bad faith and profiteering. These: “Even if your “eyewitness’s” account of what happened is accurate”,” “dodge the issues by posting a mysterious anonymous eyewitness account and advertising your book”. “conveniently-timed “anonymous” eyewitness who refuses to be identified because you have “stalkers”” (I do have stalkers, JG). All of those statements are grounded in anger, not reason. If you cannot retract them, I cannot engage in discussion with you, as you seem unable to fundamentally trust me. Usually when somebody becomes this abusive towards me, I block and unfriend them. But your essay on White Privilege was earnest and thoroughly-argued enough to warrant a response, so I didn’t unfriend you. But after this subsequent unfair indictment of my character, motives, and my friend’s testimony, I do not feel as inclined to discuss until these are retracted. I want a civil discussion. These accusations are not civil. So please retract, or end of discussion with me.”)

If someone wants to forward this response to JG, go ahead. But I don’t think there is any room for discussion between him and me as individuals. As to the points he raises, I hope my attempt to answer them to all of you in a calm, reasoned manner will be seen as earnest and well-intentioned on my part. I apologize in advance for any blind spots I may have due to my personal background being raised and living in several racialized societies, but I hope that, as JG said, we can all learn from one another through this exchange. I know I feel I have. Thank you for reading and discussing. Debito

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Final thoughts from Debito:

One of the reasons I like having discussions like these, even those that sometimes bruise the Ego, is that they make me think and self-reflect, even help me lose some bad habits.  The best comment came from a person whose tone of criticism proved his very point. From SMC:

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

SMC: You presuppose a lack of empathy on the teller’s part. But an awkward, inappropriate remark is not the same thing as a lack of empathy. I wasn’t there, so I cannot say anything about the tone, volume, etc., of the teller’s remark that might give me a better idea of the nature of the exchange between you and him.

But it would appear that you chose to respond to a perceived (and probably unconscious) lack of empathy by being consciously non-empathetic, and dealt with the situation in a legalistic, self-validating way.

The Buddhists have an interesting concept called “skillful means”; in other words, having the wisdom to know how to adjust one’s tactics to make one’s point in the most effective way possible.

In a legal/juridical context the kind of approach you took would be appropriate, but in this case it appears that you missed the chance to help educate and enlighten a fellow human being with a few well-chosen words. You’ll probably do better next time, friend.

Respect, SMC
========================================

Yep, quite so. I admit that I overreacted, and in an unproductive way.  I capitulate. Thanks to everyone who explained that to me so patiently. It eventually sunk in. Dr. ARUDOU, Debito

Tangent: How anti-discrimination measures are enforced elsewhere: Racism towards me at a bank in Canada

mytest

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Hi Blog.  Got an interesting story to tell.

(UPDATE JULY 4, 2015:  PLEASE READ TO THE BOTTOM FOR A RETELLING OF THE STORY BY ANOTHER EYEWITNESS.)

Recently I had business at a Canadian bank, so I went to a branch of it within Canada.  My transaction required me to show government ID, so I showed my Japanese passport, of course.  That’s all I have.

The teller verified my ID, but then made the comment, “It’s funny that you should have a Japanese passport.  You don’t look Japanese.”

I said, “Let’s not go there.  Lose the racism and complete the transaction.”

Well, after the transaction was complete, I called for his manager.  When the manager appeared, I indicated that his employee had made an untoward comment about my physical appearance and legal status.  “How would you like it,” I said to the teller, “if I said to you, ‘It’s funny you have a Canadian passport.  You don’t look Canadian.’?”  (It it important to add at this juncture that the teller was a Korean-Canadian immigrant — I know because I requested his name from the manager later.*)

The manager ascertained that the teller had said what he had said, and then was told that this behavior was inappropriate under Canadian rules and laws.  He was then sent home for the day, presumably without pay.

The bank manager and I then sat down in his office where he offered his sincere apologies.  And he told me over the course of a relaxed and empathetic discussion that he understood very well where I was coming from.  He himself is Metis, a minority in Canada of mixed First-Nations and settler peoples, but he apparently doesn’t “look Metis” to Canadians.  This becomes an issue whenever he, for example, bargains for a car at an automobile dealership, but has his identity policed by the dealer whenever he indicates that his indigenous status in Canada exempts him from Canadian taxes.  “I produce my First-Nations ID card, of course, but I hate it when people doubt my identity just because I don’t ‘look Indian’ to them, especially when they say so carelessly out loud.  This is unacceptable behavior for them, and it’s unacceptable for my employees too.”

That’s the way it’s done.  None of these crappy “cultural/linguistic misunderstandings” excuses, no shallow apologies and then everyone gets back to work undisturbed, and zero tolerance for assuming that people have to “look” a certain way to be a “real” member of a people or nation/state.  Justice was commensurate, swift, and public.  Well done Canada.  Dr. ARUDOU, Debito

(*CLARIFICATION JULY 3, 2015:  I also deduced that the teller was a landed immigrant because a) he worked in this local branch of a Canadian bank, and you would probably need landed status in Canada in order to get that kind of job, and b) based on his Korean accent, English wasn’t his first language.  However, I made no issue of these assumptions whatsoever during our exchange.  I only asked for his empathy by putting the shoe on the other foot, saying, “How would you like it if…”.)

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UPDATE JULY 4, 2015:  A RETELLING OF THE SITUATION FROM ANOTHER EYEWITNESS:

Hello. I would like your readers to know that I was also there as an eyewitness, and the blog post doesn’t really tell what I think to be the whole story. It’s important that you see that there was more to this case than Debito quickly typed up while on vacation, because some people are really misunderstanding what happened.

Reveal: I am a Canadian who has lived here for more than 40 years. I’ve also lived in Japan and the United States, and, for the record, I am a white woman. I can’t reveal any more than that because Debito has stalkers.

Debito’s recounting of the story is correct until the part where he writes that, “The manager had ascertained that the teller had said what he had said.” What happened was this:

The teller asked for Debito’s ID in order to complete our requested transaction. Debito showed his Japanese passport. The teller verified his ID, looked back and forth at Debito’s face and the passport, and then made the comment, “It’s funny you have a Japanese passport. You don’t look Japanese.”

Debito said, “Let’s not go there. Lose the racism and complete the transaction.”

Note that Debito did NOT raise his voice, nor did he accost anybody. MY reaction was one of shock, disappointment, and embarrassment to be a Canadian. I said to the teller, “I’m sorry, but we have laws against this sort of racial discrimination in Canada. You shouldn’t be saying that.”

The teller then apologized. “You are right, I should not have said that.”

And then we asked to speak with the manager. This was NOT about this issue, but a separate one regarding the original transaction. But the teller then proceeded to tell us that we didn’t NEED to speak to the manager. The transaction was complete.

I then requested, “I WANT to speak to the manager.” He again told us again that we didn’t need to, the transaction was complete.

It was at that time where the manager, whose office was within earshot of the teller’s booth, came to our assistance. I asked the manager about the original transaction issue, and he gave us an answer. But because I was so agitated by the terrible customer service, we THEN brought the other ID issue up with the manager. And I said to the manager, “This kind of comment is against Canadian law.” And the manager AGREED and apologized on behalf of the teller, himself, and the bank.

We then exited the bank, but when we got to the car, I said to Debito, “You know, that was weird. As a member of this bank for more than 35 years, I’d like to go back and get the name of the teller and the manager so I can write the bank about this.”

When we re-entered the bank, the manager greeted us. It was THEN that we were told that because the teller’s behavior was inappropriate under Canadian rules and laws, the manager had sent him home for the day. (Note that we did NOT request that the teller be sent home for the day. We had no idea about what would occur. If we hadn’t gone back, we wouldn’t even know that that had happened, and it wouldn’t be part of this discussion. We also still don’t know anything about pay deduction, official reprimand, etc. After all, we did not request anything like that.)

The manager then invited us to sit down in his office, where he took the time to relay his own story about his identity being policed as a First-Nations person, as Debito wrote. He also told us that he too had been to Japan and had to deal with a lot of ID policing as well.

In fact, the manager ENCOURAGED us to write a letter about this employee to bank headquarters. He gave us the teller’s card and his own.

Now I want to make clear what everyone seems to be getting wrong about Debito: At NO time did he have a temper tantrum, threaten or attack anyone, push anybody around, or even raise his voice. He had a very graceful, calm discussion at all times. This kind of myth that you have about Debito, going in and bullying people do to things, is TOTALLY unfounded. If you’ve never personally been with Debito in a situation like this, then you shouldn’t make comments or assumptions like these.

I left the situation feeling proud a) to be a Canadian, and b) that we have this type of system. Unlike what I’ve experienced many times in situations in Japan, I left this humiliating bank situation FEELING LIKE A HUMAN BEING.

I’ve grown up with various Visible Minorities in Canada — Asians, Africans, First Nations, etc. — where I was not in the majority. I have never experienced this kind of blatant policing of identity in Canada. Never in Canada – not even at the Canadian border – has anyone so blatantly questioned Debito’s passport or policed his identity like what I witnessed at this bank.

What’s even more appalling to me is not what happened at the bank, but the way you all have judged Debito, and seeing the teller, who broke the law, as the VICTIM. The law in Canada is set up to protect people from this situation, and it’s one of the reasons why Canada is an easier place to live. But why are many of you, particularly when you’re living in Japan as second-class residents, seeing the teller who started all this as the victim here?

This is not how our customer service industry behaves. It’s not the teller’s naivete. It’s his own personal stuff that he’s pushing on us. The teller personally took a risk in making that comment. If the roles were reversed, and I made a comment like that, the same punishment would befall me. It should.

Happy Canada Day!
ENDS

UPDATE JULY 14, 2015: I GET MY COMEUPPANCE IN A FASCINATING DEBATE, BLOGGED SEPARATELY HERE.

Honolulu Weekly Feb 9 1994: “Prints of Darkness”: Ronald Fujiyoshi, Hawaiian fighter of GOJ fingerprinting of NJ, 20 years ago says prescient things about future Japan

mytest

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Hello Blog.  Sorry for the delay — latest book revisions taking up a lot of time.  I thought we’d go back to the archives today and look at a twenty-year-old article that appeared in Honolulu’s late, great alternative newspaper (which folded only recently), that has as much to say about the present situation of human rights for NJ residents of Japan as it did when it came out about a generation ago.  In retrospect, it’s amazing how little has changed. Have a read.  Dr. ARUDOU, Debito

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PRINTS OF DARKNESS

When civil-rights activist/missionary Ronald Fujiyoshi refused to be fingerprinted in compliance with Japan’s Alien Registration Law in 1981, he launched a personal attack on the Japanese government which still hasn’t ended.  

February 9, 1994. Honolulu Weekly magazine, by David Flack

For Ronald Fujiyoshi, the Japanese government’s abusive fingerprinting requirement for foreign residents is only part of a vast matrix of institutionalized racial discrimination and totalitarian social control.

PHOTO: Fujiyoshi holds a press conference during his 25-day hunger strike.

Perhaps few people in Hawaii are watching Japan as closely as Ronald Fujiyoshi. His primary interest is the way the new government is officially dealing with racism. On this issue Fujiyoshi is fervently and outspokenly critical of Japan, and he speaks from experience. Living there for 15 years, working as a missionary in Osaka in the Korean-Japanese community, he engaged in an act of civil disobedience when he refused to be fingerprinted — as all foreign residents were then required by the government to do. Compelled to leave Japan in 1988, he is allowed to return only to attend court hearings for his trial, which is still in progress.

Last summer Japan embarked on what may be its most important transition period in recent history. Fed up with the “business as usual” tactics that have led to rampant corruption in Japan’s political circles for the last several years, on July 18 the country’s voters deprived the ruling Liberal Democratic Party (LDP) of its majority in the Japanese Diet for the first time since World War II. The resulting coalition, a curious collection of opposition parties from both the left and right of the political spectrum, took the helm of the world’s second largest economy with little more than high hopes as its guide. Many experts predict the alliance’s demise before the end of 1994.

Fujiyoshi is keeping his fingers crossed that real change is in the air. After waging his own personal battle against the Japanese government for the greater part of the last two decades, the 53-year-old Hilo resident is hopeful that the recent change in government is a sign that the Japanese people have at last begun to fight back against what he contends is a sinister system which has been unjustly subjugating them for centuries.

Fujiyoshi’s personal beef is Japan’s latent racism, which he maintains is knowingly cultivated by the country’s ruling circles in order to foster an “us vs. them” mentality. Japan’s alien-registration laws are widely known to be among the most rigid and strictly enforced in the world. It has long been a complaint among non-Japanese immigrants in Japan that the laws are also part of a greater government scheme to prevent them from feeling completely at ease in their adopted homeland, withhold full citizenship rights and relegate them to positions of permanent underclass status in the overall economic tapestry of the nation.

Especially onerous to Fujiyoshi was the Japanese government’s longstanding policy of insisting that all foreign residents and criminal suspects in Japan submit fingerprints for identification purposes.

Being grouped with criminals and thus treated as undesirables created acute resentment in the Korean-Japanese community, over 700,000 strong and representing roughly four out of five of Japan’s foreign residents. Many of them have lived in Japan for several generations; their relatives were originally brought there forcibly during World War II as military conscripts or factory workers. They are still treated as outsiders, and their “alien” status frequently denies them jobs, housing and scholarships. Fujiyoshi contends that the fingerprint policy is both unconstitutional by Japan’s own admitted standards and an abhorrent violation of the United Nations International Covenant of Human Rights, to which Japan is a signatory.

Bowing to pressure which Fujiyoshi helped to apply, the Japanese Diet finally dropped the controversial fingerprinting clause for those non-Japanese who were bom and raised in Japan.

Despite being widely recognized as a front man for the grass-roots movement to have the law overturned, Fujiyoshi is hesitant to claim much credit personally for the Diet’s decision to repeal the statute. “You must remember that I was not the only person who refused to be fingerprinted,” he says. “Since 1980 nearly 15,000 people have done it.” Neither was he the first to disobey the law; several Japanese of Korean ancestry preceeded him. Most will agree, however, that among those who did protest, Fujiyoshi was certainly among the most energetic — and, as a result, emerged as a leader and spokesman for the movement.

Fujiyoshi has long been involved with civil rights. Bom in Los Angeles and raised on Kauai, he moved to the Big Island with his family when his father was transferred to Hilo by his chuch. As a young man in his 20s, Fujiyoshi left Hawaii in 1963 to attend the Chicago Theological Seminary, the same institution that Jesse Jackson would join a year later. The two became good friends; Jackson visited him in Japan in 1986. Fujiyoshi spent much of his seminary service in Chicago working in a black ghetto on the city’s west side. “Can you imagine me,” he says, “a local boy fresh off the Big Island, going from here to a Chicago ghetto? That was a real baptism.”

Fujiyoshi first journeyed to Asia in 1968 on a fellowship in Singapore with the World Council of Churches. He remained in Southeast Asia for five years, working as a lay missionary and slowly gaining notoriety for his activist, hands-on approach to organizing and helping groups of industrial workers in economically distressed communities. “The Church was saying all the right things on Sunday mornings,” he says, “but the world was not changing. I became more interested in learning the skills necessary to actually solve some of the problems.”

His reputation for problem solving in the real world grew. In 1973 the Korean Christian Church asked him to relocate to Japan to help improve the living conditions of the sizable Korean population there. He took up residence in Osaka’s Ikuno Ward, home of Japan’s largest Korean community, where he spent the next 15 years living and working, voluntarily subjecting himself to the same long hours and low wages of the people he had come to help. Eventually he was able to earn their trust.

Fujiyoshi’s first open clash with the Japanese government came in 1981. Claiming that it was a violation of his basic human rights, he refused to comply with the fingerprinting requirement of Japan’s Alien Registration Law. He was indicted in 1982 and embarked on a civil-rights campaign within Japan’s court system which soon became a twisted game of cat-and-mouse. Four years after his initial indictment, Fujiyoshi was found guilty by the Kobe District Court but fined a mere $70. He faced another token fine after his appeal was rejected at the Osaka High Court. “It was just a slap on the wrist,” Fujiyoshi says of the fines, which were deliberately set at levels low enough for him to be able to afford. “They wanted to make sure that the decision was ‘guilty’ but also give the impression that the Japanese government is very benevolent.”

This face-saving charade was finally abandoned when the Japanese government refused to grant Fujiyoshi a permit that would have allowed him to re-enter Japan after returning to the U.S. to visit his ailing father-in-law. He responded to this action by embarking on a 25-day hunger strike aimed at publicly embarrassing the intransigent Japanese officials. He has since been given a special visa which allows him to return to Japan — but only to attend his own court hearings. Though he has been back in Hawaii since 1988, it is clear that his thoughts still lie in Japan. “I don’t feel like I ever left,” he says. “As long as my case is still being tried by the Japanese courts, I cannot separate myself from Japan.” Fujiyoshi has appealed his case to the Japanese Supreme Court, where it currently sits in quiet and secret deliberation. The process can take years, and a decision can come unannounced at any time. Feeling certain that his appeal will eventually be rejected by Japan’s highest court, he is already planning his next move. “If I lose this appeal,” he says, “then I will conclude that the Japanese judicial system cannot give me the justice I deserve. It is then my right to appeal the decision to the U.N. Commission on Human Rights.” This might prove to be Fujiyoshi’s most powerful weapon. At a time when Japan is struggling with itself and the rest of the globe to find its appropriate niche in the world community, Fujiyoshi’s charges of racism and his refusal to be silenced could be a severe embarrassment to the Japanese government.

Those in power in Japan attempted to render the entire issue moot after the Showa emperor Hirohito’s death. In his honor an Imperial pardon was promulgated which granted amnesty to most of the defendants of fingerprinting cases still in litigation. It was purely a political move, Fujiyoshi asserts, a feeble effort to diffuse the issue before it could gain a measurable amount of publicity outside the country. With Fujiyoshi’s assistance and encouragement, other fingerprint refusers declined the offer and instead called a press conference to denounce the pardon. “The court’s acquittal of the refusers presumes that they are guilty and should be judged,” Fujiyoshi points out, “when it is the government and the emperor’s system that need to be examined.”

Fujiyoshi’s disdain for Japan’s governing institutions extends beyond the fingerprinting issue. The system in place in today’s Japan, he asserts, is the direct descendant of the nationalistic bodies that evolved following the Meiji Restoration in 1868, when the country emerged from a prolonged period of political chaos with a reinvigorated sense of national identity and a perceived “divine right” to culturally convert other Asians and make them loyal citizens of Japan.

Fujiyoshi characterizes Japan’s approach to its minority peoples as one of “assimilation and control.” He has argued in court that the Alien Registration Law is part of a larger Japanese government policy of controlling other Asian and Pacific peoples by forcibly “Japanizing” them: compelling them both directly and indirectly to conceal their ethnicity. This system of assimilation and control results directly in the exploitation of Asians by relegating them to the lowest echelon of the country’s economic caste system, he contends. He sees it as a continuation of repressive prewar policies which forced colonial subjects to adopt Japanese names, speak Japanese exclusively in public, wear Japanese clothing and worship only at Shinto shrines.

Fujiyoshi lambasts the myth painstakingly cultivated by the government that the Japanese are descendants of a pure race. “The people in authority perpetuate the myth that Japan is a homogeneous society,” he claims. “It provides strong socialcohesiveness, and people can then be more easily controlled. And by keeping the people controlled, the government can also keep control of the economy.”

Therein lies the import of Fujiyoshi’s thesis, that the core issue is not merely a dispute between the central government and its peripheral minorities; the policy affects all of Japan’s citizens in equally disastrous ways. The Japanese nation can be compared to a crowded boat, the theory goes, and if too many more are allowed on board, the boat will capsize and everyone will drown. It stands to reason that the few who are permitted on board will be those whom the Japanese government deems to be of little threat to its fostered image of Japan as a single-race country. “Discrimination against the Korean people is not just a holdover of some misunderstandings of history, and it’s not a part of a modem ideology to control non-Japanese people,” Fujiyoshi warns. “It is an attempt to control the Japanese people themselves.”

For Fujiyoshi, state-sanctioned racism is bad enough, but even more repugnant is the denial of its existence by most Japanese. He maintains that the power structure, for its own purposes, is using its tremendous control over the media (and consequent influence on public opinion) to perpetuate the traditional notion that there are only three major races in the world. “According to this view, all there are are Caucasoid, Mongoloid and Negroid stocks,” says Fujiyoshi, recounting the argument he has heard more times than he cares to remember. This belief is worse than oversimplistic: It makes it possible for the Japanese government to exclude from the category of racial discrimination its dealings with other Asian and Pacific peoples living in the country. Japan can safely perceive itself as a country of only one race and sincerely believe that the racial conflicts plaguing the rest of the world can’t happen there.

According to Fujiyoshi, the primary flaw in this reasoning is that it completely disregards ethnicity: vast differences in culture, language and religion among peoples of the alleged three major racial stocks. And in the process it allows Japan to impose a bureaucratic system for other Asians living within its borders which, practically anywhere else in the world, would be denounced as institutionalized racial discrimination.

The Japanese government is a manipulative entity, Fujiyoshi asserts, which must be forced to confront the falsehoods it has been knowingly (and unknowingly) propagating. Sadly, the problem did not go away with the change in the country’s fingerprint laws. Now that Japan’s resident Koreans have had their burden partially lifted, the recent trend in the country has been to target South Asian peoples whose appearance is more easily discernible from their Japanese hosts. With the current economic slowdown proving to be stubbornly resilient, Fujiyoshi fears that these newer immigrants will become the scapegoats of the recession. “The assimilation and control policy attempts to stamp out the identity of long-term Asians and replace it with Japanese identity,” he says. “Until the Japanese government’s policy is ended, no real solution is in sight. Until their internal economic colony is eliminated, the other Asian and Pacific people in Japan will continue to be exploited because they are considered inferior. Until the national state ideology is exposed for what it is, the Japanese people will continue to be indoctrinated with a hidden racism toward other Asian and Pacific peoples.”

The coalition that assumed control of Japan a few months ago has the potential to effect profound changes rather than mere cosmetic modifications to enhance the government’s image. Fujiyoshi fears that even if his motives are genuine, the newly elected prime minister, Morihiro Hosokawa, may not be powerful enough to make a real difference. But his early actions show some promise. In an attempt to distance himself from past LDP bungles, Hosokawa has already delivered several sincere apologies for Japan’s controversial actions in World War II. Specifically mentioned were the “comfort women” of Asia who where forcibly conscripted and supplied to Japanese soldiers on the front lines during World War II. “Up until now the Japanese government wouldn’t admit its complicity,” Fujiyoshi says. “With the comfort women, once they admit what they are capable of, an entire can of worms is opened. Any official statement that relates to their attitude toward foreigners is significant. After that their treatment of all foreigners can then be called into question.” Now that the fingerprinting requirement has been abolished for permanent alien residents of Japan, does Fujiyoshi see a fundamental shift in the Japanese government’s way? “If the government was halfway repentant,” he says, “they would have done away with fingerprinting entirely.

If they were truly repentant, they would do away with the entire policy of assimilation.” Fujiyoshi’s brightest hope is the Japanese people. Now that Japan has emerged as one of the world’s most affluent nations, the Japanese are traveling abroad in record numbers. Young people are venturing overseas and experiencing other cultures. Many become exchange students. Fujiyoshi predicts severe conflict in the years ahead as the Japanese people become more accepting of other cultures on the one hand, and the government continues to espouse its hard-line stance on the other. “To be honest, I’m not sure how it’s going to turn out,” Fujiyoshi admits, “but if this new coalition can hold together, it will be very significant.” The leadership of the country, after all, will still be in control of education and the media. “Japanese history books refer to Korea as a dagger pointed at the heart of Japan. Just think how different it would be if Korea was instead viewed as a bridge connecting Japan to the wealth and riches of other Asian cultures.”

Now that he has all but exhausted his options in Japan’s legal system, Fujiyoshi’s passions are turning toward the recently formed United States-Japan Committee for Racial Justice, which assigned to itself as one of its first missions the daunting task of formulating a set of guidelines to help prevent potential future racist confrontations between the two countries from erupting into uncontrollable conflagrations of hate.

Despite these recent changes, Fujiyoshi still remains cautiously pessimistic about long-term prospects for United States-Japan relations. Racism is alive and well in both countries, he declares, evidenced by the lack of sensitivities on both sides of the Pacific during the 50th-anniversary observations of the bombing of Pearl Harbor. America exploited the anniversary as an opportunity to boost patriotism at a time when the U.S. government and economy had both come down with symptoms of terminal gridlock. Japan used the occasion to further alienate itself from America and the rest of Asia by not only refusing to apologize for the attack but even suggesting that Japan may not have been entirely responsible for the war in the Pacific. Fujiyoshi sees the possibility of an alarming increase of similar misunderstandings in the future as the once-solid friendship between the United States and Japan is further taxed by the economic slowdowns currently sapping both countries. “We need to adjust to the changes that are occurring,” he says, “and to join with others in dealing with some of the fundamental contradictions that remain in our societies. Only when people feel proud of what they are can they work well with others.”

ENDS

Postscript:  Ronald Fujiyoshi now lives on Big Island and continues his human rights work there.

Film record of Debito in action negotiating with a “Japanese Only” establishment in Shinjuku: excerpt from documentary “Sour Strawberries” (2009)

mytest

eBooks, Books, and more from Dr. ARUDOU, Debito (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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All donations go towards website costs only. Thanks for your support!

Hi Blog. As a follow-up to the previous blog entry, where I cited somebody who (ironically) accused me of dealing with people by “launch[ing] immediately into angry, confrontational accusations“, here’s an actual movie record of me in action.

This is part of a documentary by Daniel Kremers and Tilman Koenig named “Sour Strawberries: Japan’s Hidden Guest Workers” (2009), talking about how Japan’s NJ, as a labor force and a resident population, are being treated in Japanese society. It is an excellent film that touches upon many important subjects, and it can be previewed and purchased here.

I appear for about five minutes within negotiating with a “Japanese Only” establishment, one of the dozens upon dozens I have talked with over the years, to confirm the facts of each case (recorded for posterity at the Rogues’ Gallery of Exclusionary Establishments) and investigate the firmness of the exclusionary policy. See it for yourself:

Dr. ARUDOU, Debito

AOL News: J-League soccer ref speaks English to, then denigrates Japanese-German player, denies anything discriminatory. But then official protests from club!

mytest

eBooks, Books, and more from Dr. ARUDOU, Debito (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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Donate towards my web hosting bill!
All donations go towards website costs only. Thanks for your support!

Hi Blog.  Read this article and then I’ll comment:

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Japan Soccer League 2: Did referee Takayama use discriminatory language towards Avispa Fukuoka’s Sakai Noriyoshi? Outrage on the Internet.
AOL News, June 10, 2015, courtesy of MMT, article below, translation by Debito

In the June 6 J2 match between teams Avispa Fukuoka and Tokushima Vortis, it has come to light in a club statement that Referee Takayama Hiroyoshi used discriminatory language against Fukuoka player Sakai Noriyoshi.

Sakai Noriyoshi is the younger brother of Japan soccer representative Sakai Goutoku, who is half-Japanese, half-German. In the 35th minute of the second half during a foul, Referee Takayama asked in English “Are you OK?”, to which Sakai answered in Japanese, “Daijoubu desu”. Takayama then apparently said, “What the… you [using omae, a masculine, informal, often disparaging or belligerent way to say “you”], you can speak Japanese after all.” To which the bystanding players protested.

At that time Referee Takayama promised that he would apologize after the game, but no apologies were forthcoming. The club protested to the commissioner, but during investigations Takayama denied that there was any discriminatory statement made.

Although some on the Internet held the opinion that “This was a simple misunderstanding”, many more were critical of Takayama, saying “Even if a mistake had been made, the problem is this attitude afterwards of denying anything discriminatory was said at all”, “Above all else, this very discourse of ‘omigod you can speak Japanese’ is tantamount to an insult, isn’t it?”, “After 10 years of blowing whistles for the J-League, it’s incredible that [Takayama] wouldn’t know who Sakai is”.

Working as a J-League referee from 2002, Takayama is a veteran international ref. After this incident the J-League fans’ comments turned to criticisms of Takayama’s past mistaken calls. The club itself sees this incident as something serious, and Avispa Fukuoka plans to issue a statement on this to the J-League.
ENDS

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COMMENT:  Did you just see what I saw?

1) A ref basically dealt with a player in a racialized manner (assuming that a player who to him looked “foreign” had to be spoken to in a foreign language; English of course — what else do “foreigners” speak?).

2) The ref made a sarcastic statement of surprise about someone looking foreign speaking Japanese (a common microaggression).

3) Bystanding players made an issue of it.  (Amazing in itself, given how people who suffer from these types of microaggressions are usually told to grin and bear them.)

4) The ref broke his promise to apologize, in fact denied the fundamental fact of the case.

and… this is the most important bit:

5) The club stood by their player and made an issue of it too.  They’re not just sweeping this under the carpet and telling Sakai that he has to grow a pair and be less sensitive.  They are telling Takayama (and Sakai, and the authorities, and the public) that this is irresponsible and unprofessional behavior.

One more pleasant surprise was how the Internet reacted (or was reported to have reacted — often the reporters themselves buy into the microaggression and write a biased article misrepresenting the issue).  They saw the microaggression for what it is — a means to police someone’s identity into a disempowered place.  It also helped that the Takayama misjudged how his reflex to deny everything would only make the problem worse.  Great call.

As far as Debito.org sees things, this is definite progress, and hopefully the arc being traced since the J-League punished the “Japanese Only” J-League exclusionism in March 2014.  Bravo to the players, the reporter, and the club for doing something about this. As FIFA themselves say, racism has no place in sports, and cracking down here even on a seemingly minor (but significant in terms of zero tolerance) incident makes for a rare positive precedent in Japan’s egregiously racialized sports leagues (see here, here, here, here, here, here, here, here, here, here, here, and here).

Let’s see if Takayama actually grows a pair of his own and apologizes.  Perhaps if this issue leaks into the foreign-language media (this guy is an international ref, after all), he might.  Dr. ARUDOU, Debito

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Original Japanese:

J2アビスパ福岡・酒井宣福に高山主審が差別発言?ネット上でも物議を醸す
AOLニュース 2015年6月10日 12時00分 (2015年6月11日 10時03分 更新)
http://www.excite.co.jp/News/entertainment_g/20150610/Aol_celebrity_j2fukuoka.html

6月6日に行われたJ2第17節、アビスパ福岡対徳島ヴォルティス戦で、高山啓義主審が、福岡の酒井宣福に差別発言を行いクラブ側が意見書を提出する方針であることが明らかとなった。

酒井宣福は、日本代表・酒井高徳の弟で日本人とドイツ人のハーフだが、試合後半35分のファールの際に主審が「Are You OK?」英語で質問したところ日本語で「大丈夫です」と返した酒井に「なんだ、お前、日本語を話せるんだ」と応じ、居合わせた選手から抗議を受けていたという。

その場は高山審判から「後で謝罪する」と約束したものの、試合後も謝罪の言葉がなかったことから、クラブ側がコミッショナーに抗議、事情聴取で発言自体を主審が否定しているという。

ネット上でも「単純に勘違いしたんだろ」との意見はあるものの「間違ったにしても、その後の発言自体を否定する態度に問題がある」「そもそも日本語が話せるんだという物言い事態が侮辱にあたるのでは?」「10年もJリーグの笛を吹いていて酒井のことを知らない自体がおかしい」など高山審判への批判の声は多い。

高山主審は2002年からJリーグで主審を務めるベテラン審判で国際主審、この事件発覚後、Jリーグのファンから過去の誤審問題なども例に挙げられ批判を受けているが、クラブ側も今回の事件を重く見てアビスパ福岡はJリーグに意見書を提出する方針を固めたという。

ENDS

=========================
Similar Sports Nippon article:

日独ハーフのMF酒井に主審が差別的発言 J2福岡が意見書提出へ
スポニチ 2015年6月10日 06:30
http://www.sponichi.co.jp/soccer/news/2015/06/10/kiji/K20150610010513970.html

6日に開催されたJ2リーグの福岡―徳島戦(レベスタ)で高山啓義主審(41)が選手に対して差別的な発言をした疑惑が浮上した。

問題のシーンは後半35分、接触プレーで倒れ込んだ福岡のMF酒井宣福(のりよし=22)に「Are you OK?」と英語で質問。「大丈夫です」と日本語で返されると「なんだ、お前、日本語を話せるんだ」と嘲笑しながら応じたという。やり取りを見ていたチームメートから「審判それはないでしょ」と突っ込まれると「後で謝る」と約束したが、謝罪はなかった。

酒井から報告を受けたクラブ側は試合後にマッチコミッショナーに抗議。事情聴取を受けた高山主審が「そんなことは言ってない」と説明したため、近日中にJリーグに意見書を提出する方針を固めた。

酒井は日本人とドイツ人のハーフでシュツットガルトの日本代表DF酒井高徳の弟。クラブ関係者は「外国人風の見た目ではあるが、Jリーグで何度も笛を吹いている審判なら宣福のことは知ってるはず。差別的な発言とも取れる」と問題視した。高山主審は02年からJ1リーグで主審を務めており、国際主審でもある。
ENDS

Tangent: NYT Op-Ed: Foreigners Are Attacking … American TV, within US TV programs. Contrast with Japan.

mytest

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Hi Blog.  In my previous blog entry, I mentioned the disenfranchisement of foreigners from Japanese media, and my upcoming book (out in November) will discuss further the effects of that in terms of tolerance of difference and counteracting public defamation.  As a Debito.org Tangent, let’s contrast this with the degree of access that foreigners in America have to influence the domestic narrative and talking points.  I don’t know how unusual this is on a country-to-country scale (Debito.org Readers are welcome to mention the foreign anchors/pundits holding court outside the US and Japan), but given the influence that American media has worldwide, this is not a small matter.  The NYT does a survey below.  Dr. ARUDOU, Debito

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

Foreigners Are Attacking … American TV!
By VIKAS BAJAJ New York Times MARCH 30, 2015
http://www.nytimes.com/2015/03/31/opinion/foreigners-are-attacking-american-tv.html

American late-night television shows have probably never had so many anchors with foreign accents as they will have soon. Trevor Noah, a South African comedian, will become at least the third non-American native to host a popular TV comedy show later this year when he takes over “The Daily Show” from Jon Stewart. He will join two Britons, John Oliver of HBO’s “Last Week Tonight” and James Corden, who recently started hosting “The Late Late Show” on CBS.

Mr. Noah is an unconventional choice to host a show on American television, which has had plenty of British actors and comedians over the years. He was born to a black Xhosa mother and a white Swiss father and is from a country where mixed race unions are still uncommon. And, perhaps most important, many Americans have never heard or seen him perform.

But Mr. Noah’s foreignness might be just what the “The Daily Show” and American television broadly need. It is hard to remember now, but when Mr. Stewart took over the show and later spun off “The Colbert Report,” fake news was not a big part of our comedy diet. Yes, there was the Weekend Update segment on “Saturday Night Live,” but it came on just once a week and did not always deliver the goods.

Maybe what we really need now is to have foreigners apply their brand of satire to the United States — its politics, culture and race relations — to tell us something about ourselves that our homegrown comedians are not capturing. And they can perhaps also enlighten us about what’s funny and tragic in the rest of the world as Mr. Oliver has done ably on his show. Aside from a few jokes about Europe, most late-night shows rarely dwell on international subjects.

Still, Mr. Noah’s appointment has disappointed some fans of “The Daily Show” who had hoped that Comedy Central would pick a woman like Samantha Bee, who is leaving the show to start her own satirical program on TBS. It is disappointing that none of the several late-night shows on the air now are hosted by a woman. Perhaps, Ms. Bee will so successfully shatter that glass ceiling that the executives at other networks will seek out more women to be hosts.

There will probably also be criticism from some quarters that Mr. Noah, Mr. Oliver and Mr. Corden represent a foreign invasion of television that is depriving hard-working American comedians of important jobs. Just last week, a columnist for Deadline.com suggested that some deserving white actors were not getting roles on new TV shows because the industry was designating many more characters as reserved for nonwhite actors.

I for one am looking forward to Mr. Noah’s stint in the anchor chair. I found his three appearances on “The Daily Show” to be funny in a unique way — watch him explain why it was bad for the United States to try to lure top chess players away from other countries. And I laughed at clips of his standup act in which he mimics the odd speaking style of President Jacob Zuma of South Africa. I hope he is just as unsparing to our politicians.

ENDS

Kyodo: Ryukoku U exchange student denied “No Foreigner” Kyoto apartment in 2013; MOJ in 2015 decides it’s not a violation of human rights!

mytest

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Hi Blog. I’m sorry for taking some time to get to this: I’ve been rather busy recently, and I was hoping that an English-langauge article would take this issue up and save me the need to carve out some time translating from the vernacular press. Found a couple references (a passing one here and a more elaborate contextualizing in the Japan Times here), but they’re missing a couple of important nuances, so here goes:

47News.jp (article below) reports that the Ministry of Justice Legal Affairs Bureau has refused to acknowledge a “No Foreigners” apartment as a violation of human rights.  This is the outcome of a case back in 2013, where an exchange student at Ryuukoku University was denied a flat despite going through the Student Union, and he took it to the Bureau of Human Rights for the official word on the subject.  Now more than two years later (presumably the poor chap wasn’t living on the street in the interim), the MOJ determined that the foreigner-averse landlord had not violated anyone’s human rights, refusing to elaborate further.  Great.  Job well done and great precedent set, BOHR.

Two things of note before I get to the article:  One is a media bias.  Note how once again the 47News.jp article portrays the issue incorrectly in its sidebar illustration:

foreignerdiscrim47Newsjp033015

(from 47News.jp, March 30, 2015)

It’s not “Foreigner Discrimination” (gaikokujin sabetsu no jirei). It’s racial discrimination, because the first case they cite (the Otaru Onsens Case in 1999) eventually has a Japanese being refused too.  Yet the Japanese media will almost always refuse to undermine the incorrect narrative that racial discrimination never happens in Japan.

Second thing is that Japan’s generally ineffective Potemkin Bureau of Human Rights (jinken yougobu) has a long history of blind-eyeing the very thing it’s charged with protecting against.  As further evidence of its ineffectuality – even complicity with discriminators – here is an example where the Sapporo BOHR advised a local government (Otaru) that it has no legal obligation to pass ordinance against racial discrimination, only suggesting that the city make such an ordinance if it considers it necessary.  This from my book “Japanese Only:  The Otaru Hot Springs Case and Racial Discrimination in Japan” (Tokyo: Akashi Shoten) , pg. 347 in the English version:

jinkenyougobu112999

(Annotations within the document by the Sapporo BOHR.)  Further, the BOHR has denied information to claimants on the pretext of protecting claimants from their own privacy, so I wholeheartedly agree with the exchange student’s complaints about the lack of transparency.  So this latest event of saying a blanket exclusionary policy as not a violation of human rights is but one more example to record on Debito.org for posterity.

Translation of the article without footnotes follows, with full article in Japanese. Any errors are mine.  Dr. ARUDOU, Debito

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

(Foreigner Apartment Refusal) Ministry of Justice on “No Foreigners” apartments:  not acknowledged as a violation of human rights.  Student Union that introduced the apartment apologizes to student.

47News.jp, from Kyodo, March 30, 2015, provisional translation by Dr. ARUDOU, Debito

A European exchange student in his twenties who wished to rent an apartment in Kyoto could not get a rental contract because the apartment was “No Foreigners”.  He asked for recourse from the Ministry of Justice’s Legal Affairs Bureau in Kyoto for discrimination against foreigners, but the Legal Affairs Bureau refused, stating, “We cannot determine that the facts constitute a violation of human rights.”

The Student Union at Ryukoku University in Kyoto, who acted as the interlocutor to the realtor, apologized to the student, and has ceased introductions to places that refuse foreigners.  The university has advised the Student Union to improve its services.  The student’s supporters have voiced the need for seeing how the Legal Affairs handled the issue as a problem.

Lack of Transparency

The Ministry of Justice has called for the end of street demonstrations expressing discrimination against foreigners that may be called hate speech [sic].  On its online home page it introduces a case of “a barber who refused customers on the basis of them being foreigners” as a violation of human rights.  As to this case of the refused student, the Ministry of Justice refused to explain further why this was not acknowledged as the same.  The student criticized the situation, saying “the Legal Affairs Bureau’s handling lacks transparency.”

The student attempted to rent the apartment in Kyoto through the Student Union in January 2013, but was told at the Union that the landlord refused. In September 2014, the Bureau notified him that “We decided that it was unclear that there had been a violation”.  “We admonished (keihatsu, or “enlightened”) the Student Union.”  According to Ministry of Justice guidelines, even in cases where there has not been a violation of human rights, admonition can be carried out.  

However, the exchange student raised the question, “Wouldn’t most Japanese think that this is discrimination?  Would only admonishing without any legally-binding force actually stop this from happening again?”  He repeated, “I had the chance to learn and grow from learning Japanese culture, but I was quite hurt by this problem.”

Easing the Unease

Ryuukoku’s Student Union leader Doumen Yuuko sees that this landlord’s refusal to rent to foreigners is but a “vague feeling of unease” (bakuzen to shita fuan).  Thanks to this case, the Student Union no longer refers students to renters that have “no foreigners” policies.  She said that recently the Union is politely explaining to landlords that the former will handle any troubles that result from unpaid rents and differences in lifestyles.  Ms. Doumen added, “As a university, we accept many kinds of people.  It’s important that we see diversity not only in regards to foreign exchange students.”

When contacted by Kyodo News for a comment, the representative for the Bureau, a Mr. Ohyama Kunio, responded, “We cannot comment on that case, or on whether we took up that case.”  For the sake of preserving privacy, the Bureau does not publicly speak as a matter of principle on cases that have been raised for relief.

Ms. Moro-oka Yasuko, a lawyer that takes on cases of foreigner discrimination, suggested, “They probably are thinking that because the landlord refused the exchange student before it got to the contract stage, that’s why it didn’t become an explicit violation of human rights.”  

The Japanese Government, a signatory to the UN Convention for the the Elimination of Racial Discrimination, has the duty to forbid discrimination.  However, Japan’s human rights organs have a deep-rooted image of having “insufficient enforcement power”.  Ms Moro-oka charged, “As agreed to in the treaty, Japan must make a law to eliminate all forms of racial discrimination.”

MAIN ARTICLE ENDS.  (Footnotes untranslated.)

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

【外国人入居拒否】 法務局、人権侵犯認めず アパートの「外国人不可」 仲介の大学生協は謝罪
47News.jp 2015/03/30 Courtesy of HT
http://www.47news.jp/47topics/e/263652.php

入居を希望した京都市のアパートが「外国人不可」のため、賃貸契約できなかった欧州出身の20代の留学生が、法務省の京都地方法務局に外国人差別だとして救済措置を求めたところ、法務局は「人権侵犯の事実があったとまでは判断できない」と退けた。

不動産相談窓口でアパートを仲介した龍谷大(本部京都市)の生協は留学生に謝罪し、「外国人不可」の物件紹介を中止。大学側も生協に改善を促した。留学生の支援者らから、法務局の対応を疑問視する声があがっている。

▽透明性欠く
法務省はヘイトスピーチ(憎悪表現)と呼ばれる外国人差別の街頭宣伝をなくそうと呼び掛けており、ホームページでは「外国人であることを理由に理容店が客を拒否した」というケースを人権侵害として紹介している。救済を求めた留学生に対しては、申し立てを認めなかった理由の説明を断った。留学生は「(法務局の対応は)透明性を欠いている」と批判している。

留学生は2013年1月、生協の窓口で京都市内のアパートを借りようとしたが、外国人を拒む家主側の意向を生協で伝えられた。法務局は14年9月、「侵犯事実不明確の決定をした」と留学生に通知。「生協には啓発を行った」とも伝えた。法務省の規定では「啓発」は人権侵犯がない場合も実施できる。
だが、留学生は「多くの日本人はこれが差別だと思っていないのではないか。法的拘束力もない啓発だけで再発が防げるのか」と疑問を投げかけ、「日本文化を学んで成長の機会を得られたが、この問題では傷ついた」と振り返った。

▽不安解消
龍谷大生協の 堂免裕子 (どうめんゆうこ) 専務理事は、家主側は部屋を外国人に貸すことに「漠然とした不安」を感じているとみている。今回の問題をきっかけに、「外国人不可」の賃貸住宅の仲介をやめた。最近は、未払い家賃の補償制度や生活習慣をめぐるトラブルへの対応を、家主側に丁寧に説明しているという。堂免さんは「大学はいろいろな人を受け入れる。留学生に限らず多様性(ダイバーシティ)という観点が重要だ」と話す。

法務省人権擁護局は共同通信の取材に対し「そうした事案を取り扱ったかどうかも含めてお答えできない」( 大山邦士 (おおやま・くにお) 調査救済課長)と答えた。同省はプライバシーの保護などを理由に、人権救済の申し立てへの対応は原則として公表していない。

外国人差別問題に取り組む 師岡康子 (もろおか・やすこ) 弁護士は「留学生に対し家主が契約の段階で断るといった行為がないと人権侵犯には当てはまらない、と考えているのではないか」と推測する。

日本政府は「人種差別撤廃条約」に加入し、政府は差別を禁止し終わらせる義務を負っている。だが人権団体の間では「実行が不十分」という見方が根強い。師岡氏は「条約に合致するよう、あらゆる差別行為を禁じる『人種差別撤廃法』をつくるべきだ」と訴えている。 (沢康臣)

◎人種差別撤廃条約

人種差別撤廃条約 人種差別をなくすため、日本を含む170カ国以上が結んでいる。あらゆる人種差別を撤廃する政策をとり、差別を禁止することを義務付けている。1965年に国連総会で採択され、69年に発効。日本は95年12月に批准した。しかし留保条件を付け、人種差別思想の流布や差別の扇動を罰する法律をつくる義務については、憲法の表現の自由との関係で履行しない余地を残した。
◎人権侵犯

人権侵犯 各地の法務局は差別などの訴えを受け付けると、「人権侵犯(侵害)」に当たるかどうか調べ、救済や再発防止をはかる。調査や救済措置に強制力はない。人権侵犯があったと認定した場合、加害者を対象にした「勧告」「説示」や、関係機関への「要請」などの救済措置をとる。悪質な場合は警察に告発する。人権侵犯がなければ「不存在」、有無を確認できなければ「不明確」と決定する。
(共同通信)

Spoke at Washington University at St. Louis Law School Colorism Conference April 3, on skin color stigmatism in Japan

mytest

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Hi Blog. I was invited to present at a very high-profile Global Perspectives on Colorism Conference at the Harris World Law Institute, University of Washington at St. Louis School of Law, joining some excellent speakers with impressive backgrounds. The first day had some really informative presentations (much more rigorous and thoughtful than the Ethnic Studies class I took at UH), and I hope to be just as rigorous and thoughtful tomorrow during my fifteen minutes.

wuls2015colorismconfflyer

Title:  Skin color stigmata in “homogeneous” Japanese society
Speaker:  Dr. ARUDOU, Debito, Scholar, University of Hawaii at Manoa

Abstract:  Japanese society is commonly known as a “homogeneous society”, without issues of “race” or skin color stigmata.  This is not the case.  The speaker, a bilingual naturalized Japanese of Caucasian descent, has lived for a quarter century in Japan researching issues of Japanese minorities.  He has found that biological markers, including facial shape, body type, and, of course, skin color, factor in to differentiate, “other”, and subordinate people not only into “Japanese” and “non-Japanese”, but also into “cleaner” and “dirtier” people (and thus higher and lower social classes) within the social category of “Japanese” itself.  This talk will provide concrete examples of the dynamic of skin-color stigmatization, and demonstrate how the methods of Critical Race Theory may also be applied to a non-White society.

Details on the conference at

http://law.wustl.edu/harris/pages.aspx?ID=10184

You can see me speak at

http://mediasite.law.wustl.edu/Mediasite/Play/154d49c8babe4e5ca11ab911dd6c97031d (minute 1:42)

Dr. ARUDOU, Debito

Japan Times: UK inspectors say Japan’s Immigration Detention Centers are like “prisons”. In fact, they’re worse.

mytest

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Hi Blog. Getting back to another issue in Japan that has long needed fixing — the judiciary (see also here) — here are some overseas experts talking in a comparative perspective about Japan’s Immigration Detention Centers (aka Gaijin Tanks) that they liken to “prisons”.

In fact, they’re worse than prisons, because they don’t come under the same judicial oversight for minimum standards that Japanese prisons do, and detainees, unlike the criminally-incarcerated, do not have a “prison sentence” with a limited time-frame attached to it. Not to mention Gaijin Tanks add a second layer of incarceration for NJ only, where even the NJ exonerated of a criminal offense get released from prison only to wind up in a Gaijin Tank for “overstaying” the visa they couldn’t renew because they were incarcerated. For people in Gaijin Tanks, detention can be perpetual, and that’s before we get to the horrible (even lethal) treatment they suffer from while in custody. Read on. Dr. ARUDOU, Debito

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

Immigration detention centers like prisons, U.K. inspectors say
BY TOMOHIRO OSAKI, STAFF WRITER
The Japan Times, FEB 6, 2015
http://www.japantimes.co.jp/news/2015/02/06/national/immigration-detention-centers-like-prisons-u-k-inspectors-say/
Courtesy of SA

When British incarceration inspection expert Hindpal Singh Bhui last month paid his first visit to a Japanese immigration detention center, his overriding initial impression was that it looked like a prison.

“The fact that if someone comes to visit detainees, the starting point is that you’re behind a glass screen and you can’t touch someone — that feels quite restrictive,” Bhui, team leader for London-based Her Majesty’s Inspectorate of Prisons, told The Japan Times during a recent visit to Japan.

“It’s something which perhaps is a prison-style approach and which was surprising to see in immigration detention centers,” Bhui said of his visit to the government facility in Ushiku, Ibaraki Prefecture.

Established in 1982, HMIP is an independent inspectorate with unchallenged authority to probe state-run institutions, from prisons to immigration and military detention centers.

The British system stands in contrast with Japan’s immigration inspectorate, which is poorly funded and regarded as having little independence from the government, Japanese lawyers say.

The HMIP’s underlying philosophy that detainees should enjoy “as much openness as possible” also sends out an important message to a nation where neglect is suspected in the successive deaths of two immigration detainees in recent years.

Although funded significantly by the British government, HMIP is nonetheless granted full autonomy to carry out “independent, rigorous” inspections, Bhui said.

Its team members can arrive at target institutions unannounced, go anywhere within the premises and speak to anyone they encounter. The organization also has “unfettered” ability to publish its findings and make recommendations both to center managers and the government entities in charge to urge them to rectify malpractice.

The group’s inspections over the years have led to significant changes in policy and “general improvement in treatment and conditions” at British immigration facilities, according to HMIP inspector Colin Carroll.

Unlike the past, the Home Office, which overseas immigration policies in Britain, no longer tolerates the use of physical force to deport pregnant women and children, Carroll said.

Also, detainees in Britain now can freely chat with visiting family members in an open lounge and hug and kiss them, Bhui said. They are also permitted to carry mobile phones and surf the Internet to stay in touch with their lawyers and keep abreast of developments in their home countries.

Some even watch movies, work on art projects or practice music with fellow detainees.

“People in immigration centers tend to be far more frustrated and dislocated, physically or mentally. They’re away from family, away from support. So the opportunity to make phone calls to the family makes a big difference,” Bhui said.

“Detention centers in the U.K. understand it’s better for the safety of their own center if detainees can contact people outside. Because (that way) they’re less frustrated, and if they’re less frustrated, they’re less likely to misbehave within the center.”

Detention inmates, Bhui continued, haven’t committed specific criminal offenses and are often trying to enter the country to make a better life for themselves and their families, which he said is a “laudable positive sentiment.”

“They’re not there to be punished. They’re not there because they’re criminals,” he said.

This notion of openness, however, appears nonexistent in Japanese immigration centers, where detainees frequently go on hunger strikes or attempt suicide to protest what critics describe as their almost inhumane living conditions behind closed doors.

The lack of adequate medical services, in particular, has taken a tragic toll on detainees in recent years, highlighting the nation’s doctor shortage.

In the past two years, a man from Sri Lanka and another from the persecuted Rohingya ethnic minority in Myanmar who were detained at the Tokyo Immigration Regional Bureau in Shinagawa Ward died in separate incidents after staff failed to respond promptly to their medical emergencies. Two others died at the immigration center in Ushiku last March.

Bhui declined to comment directly on each of these cases, but added: “We have a system in the U.K. where if there is any death in detention, there will be an inquest by a coroner, who can call witnesses. Also, the ombudsman will do its own separate investigation into any death,” he said.

Bhui further noted that HMIP will follow up with detention centers to see if they have implemented preventive measures as recommended by the ombudsman. He called it a system to “identify problems, see why death happened in the first place and try to prevent that from happening in the future.”

“I think if there were system like that (in Japan), that would be good.”

Shortly after the death of the Sri Lankan man, the Tokyo Bar Association issued a statement in which it condemned the Justice Ministry’s repeated failure to identify the cause of detainees’ deaths and stressed the need for a third-party inquest system to prevent them.

Japan’s own inspectorate, or “nyuukokusha shuuyoshoto shisatsu iinkai” in Japanese, is under the jurisdiction of the Justice Ministry, despite its purported third-party status. Every aspect of its visits to immigration centers is rigidly controlled and pre-arranged by the ministry, according to Koichi Kodama, a lawyer well-versed in foreigners’ rights.

Rest of the article at
http://www.japantimes.co.jp/news/2015/02/06/national/immigration-detention-centers-like-prisons-u-k-inspectors-say/
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