Mainichi Editorial on 1-yr anniv. of Hate Speech Law: “To end hate speech, Japan must face its deep-rooted discriminatory thinking”, offers moral support but few concrete proposals

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Hi Blog. We’ve talked before about unsophisticated columns in Japanese media regarding human rights. This one joins them. It wags a few fingers and applauds some local moves to eliminate hate speech, but it still has trouble going beyond vague urgings to actually advocate for the root solution: passing a law with criminal penalties against racial discrimination. Until this law in specific is part of the media’s steady drumbeat of finger-wagging, advocating mere a mere patchwork of local-level patches is again, a half-measure.  Dr. Debito Arudou

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Editorial: To end hate speech, Japan must face its deep-rooted discriminatory thinking
June 8, 2017 (Mainichi Japan), courtesy of AK and JK
http://mainichi.jp/english/articles/20170608/p2a/00m/0na/019000c

It has been a year since Japan’s anti-hate speech law took effect. And over that year, the number of demonstrations targeting specific races or ethnicities has apparently declined.

Public institutions have been doing their part. Courts have issued provisional injunctions against holding hate speech demonstrations in certain places, while police forces have been boosting supervision and control of such demonstrations, and these measures seem to be having a real impact.

Nevertheless, we still see an endless stream of hateful language in Japan, starting, but by no means ending, with “go home!” and “kick them out!”

Hate speech is a social disease. It is extremely important for the idea that hate speech is unforgiveable to permeate society as a whole.

The hate speech law commits local administrations to work with the central government on eliminating discrimination. We call on these bodies to tackle the problem proactively.

According to a recent announcement, the municipal government of Kawasaki, Kanagawa Prefecture, will draw up guidelines as early as this autumn that would allow city officials to issue warnings or refuse applications to use public facilities if they suspect the applicant will engage in discriminatory speech or conduct. In other words, the guidelines set out measures to halt hate speech gatherings before they happen, and the city will call for the opinions of third-party observers to make sure the guidelines are applied fairly.

It is perfectly natural to make sure that countermeasures against hate speech demonstrations do not lead to curbs on freedom of expression, but hate speech clearly violates human rights. We would like to see local governments across the country consider hate speech regulations in line with local conditions.

While street demonstrations have declined over the past year, online hate speech appears to have been reinvigorated. Dealing with this is an urgent task.

The Osaka Municipal Government recently announced the online handles of three users confirmed to have posted hate speech videos on the internet, as well as the content of the images. The move was based on a municipal ordinance passed last July, the first of its kind in Japan.

Meanwhile, it should be remembered that even primary school children use computers and smartphones. Educating school children about online hate ought to be a national project.

There is some disturbing data on the prevalence of hate speech in Japan.

In March this year, the Justice Ministry released its first-ever survey of racial and ethnic discrimination in Japan. The survey, which was conducted late last year, covered about 4,200 medium- and long-term foreign residents of this country including Koreans. It found that some 30 percent of respondents had been the target of “discriminatory speech.” Forty percent said they had been refused a home rental contract.

Japanese people’s coexistence with foreigners and people from different cultural backgrounds is indispensable to Japan. It is a must for us to face up to the discriminatory thinking deeply rooted in our society in an effort to eradicate hate speech in Japan.
ENDS

【Related】Kawasaki looks at guidelines for regulating hate speech
【Related】Ex-hate speech group core member regretful on anniv. of clampdown law
【Related】Osaka city releases online user names of people behind hate speech videos

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PS:  Compare the Mainichi with the Japan Times Editorial on the same anniversary of the Hate Speech Law. At least it’s more specific: “Local officials need to secure enough manpower and funding to effectively assist citizens suffering from hate speech and behavior. Citizens’ groups can set up funds to help victims sue for damages. Since the law covers only hate speech against foreign residents, there are calls for expanding its scope to fight offensive language against other minorities, including people with disabilities, indigenous peoples like the Ainu and descendants of historically segregated communities.”

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Japanese version

社説
ヘイト対策法施行から1年 社会の病理を克服したか
毎日新聞2017年6月8日 東京朝刊
http://mainichi.jp/articles/20170608/ddm/005/070/094000c

「ヘイトスピーチ(憎悪表現)対策法」の施行から1年がたった。侮辱的な言葉で特定の人種や民族への差別をあおるデモは、減少傾向にあるという。

裁判所が特定の地域でのデモ実施を禁じる仮処分決定を出したり、警察が取り締まりを強化したりするなど、公的機関の対応が一定の抑止効果を生んでいるのは確かだろう。

それでも、「帰れ」「たたき出せ」といった乱暴な言葉を使うヘイトスピーチはなお後を絶たない。

ヘイトスピーチは社会の病理だ。それを許さない当たり前の社会規範が浸透することが大切である。

地方自治体は、国とともに差別解消に必要な措置を講じる責務を対策法で課せられている。積極的な対応が求められる。

川崎市は、施設の利用申請者が差別的な言動を行う可能性がある場合、警告や利用不許可の措置が取れるように、今秋にもガイドラインを作成し公表する予定だ。事前規制につながる内容のため、市は第三者の意見を求め公平な運用を目指す。

「表現の自由」に留意することは当然だが、ヘイトスピーチは明確な人権侵害だ。各自治体は地域の実態に沿った規制策を検討してほしい。

街頭デモが減少する一方で、インターネット空間でのヘイトスピーチは、むしろ活性化しているように見える。その対策は喫緊の課題だ。

大阪市はこのほど、ヘイトスピーチと認定したネット上の動画3件の内容や投稿者名(ユーザー名)を公表した。昨年7月、全国で初めて制定した条例に基づく措置という。

小学生でもパソコンやスマートフォンを利用する。教育現場での啓発に国全体で取り組むべきだろう。

残念なデータがある。

法務省は3月、在日韓国・朝鮮人を含む約4200人の中長期滞在外国人を対象にした差別に関する調査結果を公表した。昨年末に初めて行われたものだ。

3割の人が差別的発言を「受けた」とし、4割の人がアパートなどの入居を「断られた」と回答した。

外国人や文化が異なる人との共生は、日本社会にとって欠かせない。社会に根を張る差別意識と向き合うことが必要だ。それをヘイトスピーチの根絶につなげたい。

ENDS

Japan Times cites Debito on “Tackling [anti-foreigner] signs in Japan that you’re not welcome”, including Tokyo Harajuku Takeshita Doori

mytest

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Hi Blog. Here’s an earnest Japan Times journalist trying to take on some nasty anti-foreign signs up in a prominent Tokyo shopping area. The article cites me at the end, thanks. Read on for another comment from me that didn’t make the cut. Dr. Debito Arudou

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Tackling signs in Japan that you’re not welcome
BY DAISUKE KIKUCHI
The Japan Times, June 4, 2017

Entire article at http://www.japantimes.co.jp/news/2017/06/04/national/tackling-signs-japan-youre-not-welcome/

“MOTHER F——- KISS MY ANUS. F—- OFF Mother F——-… foreigner. Sneaking PHOTO.”

A hand-written sign bearing these words is among several decorated with similar insults that greet shoppers outside a fashion store that sells rock-style clothing in Tokyo. The sign sits among shirts emblazoned with designs featuring overseas rock bands such as Iron Maiden, Children Of Bodom and Marilyn Manson in the fashion and kawaii culture mecca of Harajuku’s Takeshita Street in Shibuya Ward.

The Japan Times visited the shop after being approached by a foreign resident who was disgusted to see the signs while he was with his young daughter.

“The shop is absolutely covered in these messages,” wrote the reader. “I walk past this place from time to time. The thing that annoys me most is that Harajuku is such an anything-goes area full of all kinds of subcultures and minorities, not least of all foreigners, so this place is like a nasty little pit of intolerance inside an oasis of colour and joy.”

Asked about the thinking behind the signs, a staff member at the store explained that the shop put them up after becoming frustrated by the terrible manners of foreign shoppers.

“They usually take pictures, without permission,” said the staff member. The shop is concerned about images of its products being uploaded to the internet, she said. As to whether they would consider taking down the sign, she added: “I’m not so sure. If (they) had good manners, we wouldn’t do this, but there are so many that have really bad manners.”

[…]

In 2002 the Sapporo District Court ordered a bathhouse in Otaru, Hokkaido, to pay ¥1 million each in damages to three plaintiffs refused entry because they did not look Japanese. This ruling was based on articles of the civil code protecting individual rights and authorizing damages when these rights are violated, Article 14 of the Constitution — which forbids discrimination — and international conventions on racial discrimination and civil rights. However, the court did not uphold the plaintiffs’ claim against the city for its failure to implement an ordinance against racial discrimination based on the international pact cited in the Bortz case. That verdict was confirmed by the Sapporo High Court.

Debito Arudou, a plaintiff in the Otaru case and a columnist for The Japan Times who writes about human rights, hosted a “Rogues Gallery” of “Japanese only” and other discriminatory signs found across the country on his website, Debito.org, in the years after the Otaru case. There, readers could post photos of signs they found locally or on their travels, as well as any measures taken to get those signs removed, some of which proved successful.

“After the Otaru onsens case, bigoted shopkeeps realized they could put up ‘Japanese only’ signs with impunity, and they proliferated around Japan,” explains Arudou. “I dropped by those places, asked ‘Why this sign?’ and what could we do about it.

“Most managers adamantly denied any racism on their part, until I asked if someone like I, a Caucasian with a Japanese passport, could come in. When they said no, I pointed out the racism, to which they just shifted tack and blamed their racist customers. When they said yes, I often came inside and got more information about what was necessary to get the signs down. When they said they’ll think about it and I should come back later, I did and was usually denied entry again. I’d say each situation happened about a third of the time.

“We did get several signs down,” Arudou says. “Part of it was by calm persuasion about what how unenforceable the policy was: How were they to decide who was Japanese, especially when I was proving it was possible to be one without looking like one — and what about Japan’s international children? Part of it was the need to make the rules clear despite a language barrier. I listened to their rules, wrote up a bilingual sign for them to display, and received their exclusionary sign in trade. And part of it was quietly pulling signs down in the middle of the night. They didn’t go back up.”

Based on his experiences, Arudou advises engaging with business owners displaying discriminatory signs.

“If you have the language ability, or a friend or native speaker who is so inclined, ask the manager why the sign is up, and what it would take to get it down,” Arudou says. “After all, we shouldn’t allow racist behavior to be normalized through public signage. And if that doesn’t work, of course, I would never advocate that people pull the signs down quietly in the middle of the night. Never ever.”
ENDS

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NB: I also commented directly about the signs that open this article, which didn’t make the cut:

=====================================
The authorities are right. This isn’t a “Japanese Only” sign. It’s just a rude anti-foreigner sign, painstakingly rendered by shop staff too angry to say “No photos, please.” Kinda ironic, given the penchant for Japanese tourists here in Hawaii to take snapshots of anything they find exotic. At least merchants here word their notices more politely.

You could make the case that this is hate speech, but it might not convince enough people who can’t be bothered with signs that don’t affect them. It’s better to contact tourist associations, and do some name-and-shame as the 2020 Olympics loom.

Or better yet, create unintended consequences. Tell people where the sign is, and go take pictures of it. Add to the irony with photos of “no photos”.

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Abe Admin backlashes against UN Rapporteur criticism against Conspiracy Bill, overseas Gaijin Handlers kick into gear

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Hi Blog.  The Government of Japan (GOJ) is at it again — curtailing fundamental civil and human rights for its people and getting nasty if you object to it.  Once upon a time (see below), the GOJ merely denied that Japan is in violation of any of its human rights treaties by giving sophistic counterarguments.  Now, under the ultrarightist Abe Administration, those denials are on steroids, with leading politicians injecting indignant anger into their denialism, even activating the Gaijin Handlers abroad to whitewash optics on Japan’s policies in places like the New York Times.

First, the Japan Times offers a primer on the emerging Conspiracy Bill that received sharp criticism on May 18 by UN Special Rapporteur on the Right to Privacy and University of Malta Law Professor Joseph Cannataci, on the heels of criticism from UN Special Rapporteur and UC Irvine Law Professor David Kaye leveled at Japan’s already diminishing press freedoms in a report last year.

From Cannataci’s letter:

“Serious concern is expressed that the proposed bill, in its current form and in combination with other legislation, may affect the exercise of the right to privacy as well as other fundamental public freedoms given its potential broad application.  In particular I am concerned by the risks of arbitrary application of this legislation given the vague definition of what would constitute the ‘planning’ and ‘preparatory actions’ and given the inclusion of an overbroad range of crimes in the Appendix which are apparently unrelated to terrorism and organized crime.” (Full letter from Cannataci’s letter to the Japanese government, dated May 18, 2017.)

From Kaye’s introduction:

“I learned of deep and genuine concern that trends are moving sharply and alarmingly in the wrong direction. This is especially acute in the context of media independence. Japan has well-earned pride in a Constitution that expressly protects the freedom of the press. Yet the independence of the press is facing serious threats: a weak system of legal protection, persistent Government exploitation of a media lacking in professional solidarity, and the recent adoption of the Specially Designated Secrets Act are all combining to impose what I perceive to be significant challenges especially to the mainstream media, where the vast majority of Japanese citizens get their news. Numerous journalists, many agreeing to meet with me only on condition of anonymity to protect their livelihoods, highlighted the pressure to avoid sensitive areas of public interest. Many claimed to have been sidelined or silenced following indirect pressure from leading politicians. A country with such strong democratic foundations should resist and protect against such interference.”  (Full text of Kaye’s report at the UN OHCHR website:  “Preliminary observations by the United Nations Special Rapporteur on the right to freedom of opinion and expression“, dated 19 April 2016.

After the Japan Times article, let’s look at how the New York Times reports on the Conspiracy Bill, and how the GOJ quickly responds with its Gaijin Handlers.

They doth protest too much, methinks.  Even an academic source cited in the Japan Times below says he’s “not aware of any other developed nation that had protested against special rapporteurs so vociferously and consistently as Japan.”  And, as far as Debito.org goes, you just know that these “terrorism” and “organized crime” tropes, once further embedded in law, will be used to further racially profile and crack down in particular on (foreign) “terrorists” and (foreign) “organized crime”.  But this new law will normalize it for everyone.  Dr. Debito Arudou

(More on Debito.org regarding prior UN Rapporteur reactions to Japan’s human rights issues, with Special Rapporteur Doudou Diene and Special Rapporteur Jorge Bustamante (here and here).)

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Abe government clashes with U.N. rapporteurs critical of Japan (excerpt)
BY TOMOHIRO OSAKI, THE JAPAN TIMES, MAY 31, 2017, courtesy of JDG
http://www.japantimes.co.jp/news/2017/05/31/national/abe-government-clashes-u-n-rapporteurs-critical-japan/

Weeks after a U.N. special rapporteur released a surprise open letter slamming a state-backed conspiracy bill that critics warn could erode privacy and free speech rights, the Cabinet of Prime Minister Shinzo Abe has shown no sign of letting up on its targeting of the statement.

If anything, it has been hellbent on discrediting what it claims was an “inappropriate” rebuke by the United Nations expert.

Tokyo’s ongoing clash with Joseph Cannataci, a U.N.-commissioned expert on the right to privacy, is reminiscent of a similar war of words it has fought with U.N. special rapporteurs in recent years. Many of the probes by those officials into the human rights situation in Japan have led to conclusions often at odds with the government line…

As he spoke to the Upper House plenary session on Monday, Abe openly blasted Cannataci’s assessment as “extremely unbalanced” and said his behavior was “hardly that of an objective expert.”

On Tuesday, his Cabinet approved three official statements condemning the official’s letter, which it claimed was drawn up “based on misunderstanding” and without the government ever being afforded an opportunity to thoroughly explain to him about the proposed legal revision.

In these statements, the Cabinet reiterated the government position that Cannataci’s critique did not reflect U.N. views. Prior to these statements, Tokyo had swiftly lodged a direct protest over the issue with the office of the High Commissioner for Human Rights (OHCHR) in Geneva.

“When there is a misunderstanding of facts, it is of course our position that we get our message across,” said a senior Foreign Ministry official, who spoke on condition of anonymity.

On Wednesday, the government’s position was on full display when Deputy Chief Cabinet Secretary Koichi Hagiuda launched into a separate attack against another U.N. special rapporteur’s criticism of the government.

Hagiuda said it was “extremely regrettable that the government position was not fully reflected” in a report issued Tuesday by David Kaye, U.N. special rapporteur on the right to freedom of opinion and expression. In his report, Kaye had pointed out “significant worrying signals” for Japan’s freedom of expression.

[Kaye’s criticism: While welcoming government efforts to clarify the four specific categories under which information may be designated as secret — defense, diplomacy, prevention of specified harmful activities and prevention of terrorist activities — Kaye warned that “specific subcategories remain overly broad” and thus involve the risk of being arbitrarily applied.

Regarding government pressure on media, Kaye raised concerns over the broadcasting law and particularly its Article 4, which provides the basis for the government to suspend broadcasting licenses if TV stations are not “politically fair.”

Kaye said that the Ministry of Internal Affairs and Communications “should not be in the position of determining what is fair.” (Source)]

“Government evaluation of such broadly stated norms would lead to deterrence of the media’s freedom to serve as a watchdog, if it is not already creating such disincentives to reporting,” he added.

In yet another incident, the Foreign Ministry lodged a strident protest with special rapporteur Maud de Boer-Buquicchio in 2015 over what it labeled a factually dubious claim that “13 percent of Japan’s schoolgirls have engaged in compensated dating (enjo kosai).”

According to the OHCHR website, special rapporteurs are independent human rights experts who “are appointed by the Human Rights Council and serve in their personal capacities,” with mandates to report and advise on human rights. They are not U.N. staff members and receive no financial remuneration, it says.

In this regard, the government assertion that Cannataci’s letter does not represent the U.N. stance is “valid,” said Ichiro Kawabe, a professor of U.N. studies at Aichi University. But at the same time, he said, these experts’ commentaries are not hostile in nature and are designed to foster constructive discussions on human rights issues.

“Being a developed country, Japan is in a position to improve the global standards of human rights. So what it should be doing is not to overreact to what it considers to be a factual error every chance it gets, but listen humbly to what the experts have to say,” Kawabe said, adding that he was not aware of any other developed nation that had protested against special rapporteurs so vociferously and consistently as Japan…

In slamming Kaye’s preliminary report on freedom of expression, a circle of conservative scholars in Japan last month released an open letter questioning his methods. In it, the group alleged his report was “based on interviews with a limited number of journalists when he visited Japan for just one week” and that “the academic analysis is sorely lacking.”

This claim, however, failed to note that Kaye did meet government representatives to hear their side of the issue, as well. ENDS

Full JT article at http://www.japantimes.co.jp/news/2017/05/31/national/abe-government-clashes-u-n-rapporteurs-critical-japan/

Now for the New York Times article:

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Conspiracy Bill Advances in Japan Despite Surveillance Fears
By MOTOKO RICH, THE NEW YORK TIMES, MAY 23, 2017
https://www.nytimes.com/2017/05/23/world/asia/japan-anti-terror-conspiracy-abe.html

TOKYO — Prime Minister Shinzo Abe of Japan won a crucial vote in the House of Representatives on Tuesday on an anti-conspiracy bill that he said was needed to fight terrorism but that critics feared could give the authorities broad surveillance powers over citizens.

With protesters gathered outside the country’s lower house of Parliament in Tokyo, Mr. Abe’s party and its allies approved a bill that would make it a crime to conspire with others to commit terrorism and a raft of other crimes.

Speaking before the vote, Hiroshi Hiraguchi, a member of the governing Liberal Democratic Party, expressed condolences for the victims of a suicide bombing that killed 22 people at a concert in Britain on Monday. He said that the bill was needed to help Japan fulfill “the grave responsibility” of hosting the 2020 Olympics in Tokyo.

Mr. Abe’s party called for the vote even as a United Nations expert on human rights accused the government of rushing the measure without sufficient debate on appropriate safeguards for privacy and free speech.

Joseph Cannataci, the United Nations special rapporteur on the right to privacy, wrote to Mr. Abe warning that the bill, if adopted, could “lead to undue restrictions to the rights to privacy and to freedom of expression.”

A day before the lower house voted, Mr. Abe’s chief cabinet secretary, Yoshihide Suga, lashed out against Mr. Cannataci’s letter, calling it “clearly inappropriate” and dismissing the special rapporteur’s concerns. The Japanese government also lodged an official protest with the Office of the United Nations High Commissioner for Human Rights.

Mr. Abe has repeatedly argued that Japan needs to pass the bill in order to ratify a United Nations convention on international organized crime originally signed in 2000, as well as to protect Japan from terrorism in the run-up to the 2020 Olympics.

This was not the first time Mr. Abe pushed for legislation over public opposition. Two years ago, the government defied mass public protests and passed a package of security-related bills authorizing limited overseas combat missions for the country’s military for the first time since World War II. The Japanese anti-conspiracy bill also comes as the Chinese government is considering an intelligence law that would allow its authorities to monitor both foreign and domestic suspects.

Recent polls show the Japanese public is split over the anti-conspiracy bill, but more than three-quarters said the government had not sufficiently explained why it needed to pass the legislation. The bill is expected to go before the upper house of Parliament for final passage before the current legislative session ends in mid-June. Mr. Abe’s party and its allies have a two-thirds majority in both houses.

In an email, Mr. Cannataci said the government should take more time to discuss and amend the bill to include more safeguards for privacy and freedom of speech.

“This is the time for the government of Japan to sit back for a minute, reflect, realize that it can do things in a better way and then proceed to behave like a world-class democracy by taking the time necessary” to modify the bill, he wrote.

In a country where terrorism is extremely rare, critics say that the bill is far too vague in defining terrorism and that the list of crimes subject to possible surveillance was arbitrary.

An appendix to the bill includes unlicensed bike racing, copyright infringement and stealing plants from forest preserves, exposing those involved in the planning of such activities to prosecution.

Such crimes, critics say, seem to have little to do with terrorism. They say the bill would merely give the government wide latitude to put people under surveillance.

“There are no apparent reasons certain crimes are covered and others are not,” said Koichi Nakano, a political scientist at Sophia University in Tokyo.

Mr. Nakano said that because people might be worried about the government trawling emails, text messages and social media posts for evidence of criminal conspiracy, anyone who protests government policies might be reluctant to speak out.

“There will be more self-censorship in a country where there is already not a very vibrant civil society,” he said.

Although Japanese law requires the police to obtain warrants to install wiretaps on phones, the courts almost always grant such requests.

As a result, opponents of the bill say that it could strip citizens of their rights to privacy in the name of preventing terrorism. Japan has had few major terrorist attacks since 1995, when members of a cult killed 13 and sickened more than 5,800 in a sarin gas attack on the Tokyo subway.

“How far are we willing to sacrifice our privacy is the question,” said Kenta Yamada, a journalism professor at Senshu University in Tokyo. “We may possibly get into the world of ‘1984,’” he said, referring to the dystopian novel by George Orwell in which citizens are constantly under surveillance.

Concerns about the bill were stirred during testimony by Japan’s justice minister, Katsutoshi Kaneda, when he gave examples of the kinds of activities that might cause the authorities to suspect that an individual or group was planning a crime. In one instance, Mr. Kaneda suggested that someone visiting a park with a map and binoculars could be suspected of plotting a terrorist attack.

“It’s so vague that it allows the police to justify whatever they do,” said Kanako Takayama, a professor of criminal law at Kyoto University. “If you buy a pair of scissors, that may be viewed as preparing for a crime.”

But supporters of the bill said the opposition and the news media had inflated the justice minister’s comments rather than focusing on the content of the bill. “They just enjoy picking up the funny things of the minister who cannot explain things very well,” said Keijiro Kimura, a lawyer in Osaka who supported the bill.

Speaking in Parliament on Tuesday, Mr. Hiraguchi, the lawmaker, said that the bill was explicitly limited to “organized crime groups.”

“It is further clear that common people will not be the target of punishment stipulated by this legislation,” Mr. Hiraguchi said.

But the United Nations special rapporteur, Mr. Cannataci, said in an email that the bill was “defective.”

“With great power comes great responsibility,” Mr. Cannataci wrote. “Yet this bill is not accompanied by a stiffening of measures intended to safeguard privacy. Other rights like freedom of speech and freedom of association are likewise not reinforced.”

Opposition lawmakers said that the governing party had stifled debate and that the legislation needed more public input.

The Japanese people deserve to “decide for themselves where they want their freedoms restricted in order to protect their security,” said Shiori Yamao, a member of the opposition Democratic Party. ENDS

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And here’s the response from the Gaijin Handlers at the Ministry of Foreign Affairs:

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

The New York Times Opinion Pages | LETTER
Japan and an Anti-Conspiracy Bill
JUNE 1, 2017
https://www.nytimes.com/2017/06/01/opinion/japan-and-an-anti-conspiracy-bill.html

To the Editor:

Re “Anti-Conspiracy Bill Advances in Japan” (news article, May 24):

Concluding the United Nations Convention Against Transnational Organized Crime, or Untoc, is a pressing issue for Japan, as we prepare to play host to major events, particularly the 2019 Rugby World Cup and the 2020 Tokyo Olympic and Paralympic Games. Although Japan signed the convention, domestic laws do not fulfill the obligations of the treaty, impeding Japan from concluding it.

After recent terrorist attacks in Britain, Sweden and Belgium, last week in Sicily the G-7 leaders called for more cooperation to implement international agreements, including Untoc.

Updating domestic laws and concluding the treaty will allow Japan to fill an international legal loophole and contribute to preventing organized crime, including terrorism. Yury Fedotov, executive director of the United Nations Office on Drugs and Crime, has welcomed Japan’s efforts in this regard.

Regarding claims of surveillance fears, the proposed provision criminalizing an act of planning and preparation to commit terrorism and other serious crimes will apply only to “organized criminal groups,” and the listed crimes to which the provision may apply are rigorously limited to those likely to be committed by such groups.

Few other countries limit the scope of the law as strictly as Japan does.

NORIO MARUYAMA, TOKYO

The writer is press secretary for the Japanese Ministry of Foreign Affairs.

ENDS

===================================
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Kyodo: “A year after enactment of hate speech law, xenophobic rallies down by nearly half”, but hateful language continues, mutates

mytest

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Hi Blog. Good news, according to Kyodo below, is that the number of hate-speech rallies in Japan has gone down significantly. Some mixed news, however, is that haters have found ways to temper their hate speech so that it avoids extreme invective (such as advocating death and destruction), but continues nonetheless with the public denigration of minorities and outsiders. Hence the new law is working, but it’s causing sophistication and subtlety in message. Sort of like replacing “Japanese Only” signs with “We reserve the right to refuse service to anyone”, and in practice only applying the rule to foreign-looking people.

Hence the need for something more comprehensive. Stage Two of anti-racism legislation, as Ryang Yong Song of the Anti Racism Information Center says in the article, would be this: “For the last year, discussions only focused on what is hate speech and the scope of freedom of expression, but that is not enough. A law is needed to ban all kinds of discrimination including ethnicity, birth and disability.”

As Debito.org has been advocating for decades, let’s have that law against racial discrimination (jinshu sabetsu teppai hou).  A law against hate speech is good, but it’s a half-measure. Dr. Debito Arudou

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

A year after enactment of hate speech law, xenophobic rallies down by nearly half
KYODO/JAPAN TIMES MAY 22, 2017
http://www.japantimes.co.jp/news/2017/05/22/national/social-issues/year-enactment-hate-speech-law-xenophobic-rallies-nearly-half/

The number of xenophobic rallies in which ultra-right-wing groups use discriminatory language has dropped by nearly half in the 11 months since the Diet enacted a law to deter hate speech, the National Police Agency said.

While statistics show some positive impact from the law, legal experts are starting to point out its limitations because groups are finding ways to circumvent it by modifying their language at rallies to avoid obvious epithets but still express the same kind of bigotry.

From June 3, 2016, through the end of April, police nationwide tallied 35 demonstrations involving hate speech versus 61 in the same period a year earlier.

[…]

Designed to curb hate speech, the law urges the central and municipal governments to take measures to eliminate discrimination. However, it stops short of prohibiting or penalizing such speech for fear that doing so would violate the constitutional right to freedom of expression.

The Justice Ministry has shown municipal governments examples of hate speech, including phrases that urge others to “kill people” of a certain nationality, “throw them into the ocean,” tell them to “return to their homeland” or describe them as “cockroaches.”

But Satoko Kitamura, a lawyer investigating hate speech rallies, told the Diet earlier this month that organizers have been “contriving ways so that (their demonstrations) will not be recognized as adopting hate speech.”

She said participants in demonstrations in Tokyo, Saitama and Fukuoka raised signs that said “Die Korea” or chanted a slogan that said, “Please enter the Sea of Japan.”

“The Justice Ministry is calling on municipal governments to take into consideration the contexts and meaning of the expressions. As long as there are people who feel they are targeted and offended, such language must also be considered hate speech,” Kitamura said.

Iruson Nakamura, a 47-year-old journalist whose mother is a Korean resident of Japan, said, “(Hate-motivated) demonstrations have continued and online speech that incites discrimination is uncontrolled. Prohibitive measures must be sought by amending the law or enacting ordinances.”

Read whole article at:
http://www.japantimes.co.jp/news/2017/05/22/national/social-issues/year-enactment-hate-speech-law-xenophobic-rallies-nearly-half/
////////////////////////////////////

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Japan’s High School Hair Police: Asahi on “Survey: 57% of Tokyo HSs demand hair-color proof”. Still.

mytest

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Hi Blog.  Ten years ago I wrote a JT column on Japan’s “Hair Police”, i.e., how Japanese schools force their kids of diverse backgrounds to conform to a Wajin ideal of “black straight hair” imposed by inflexible school rules, and dye their hair black.  It’s recently been revisited by the Asahi and Business Insider.com.

As I wrote back then, the damage to children is both physiological (Google “hair coloring” and “organ damage” and see what reputable sources, such as the American Journal of Epidemiology and the National Institutes of Health, have to say about side effects: lymphatic cancer, cataracts, toxins, burns from ammonium persulfate), and psychological.  And yet it persists.

And not as a fringe-element trend — the majority of Tokyo high schools (the most possibly cosmopolitan of the lot) police hair color.  In any case, woe betide Japan’s Visible Minorities for daring to not “look Japanese” enough.  Here are the two articles, the second of which actually references my old JT column.  Dr. Debito Arudou

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

Survey: 57% of Tokyo high schools demand hair-color proof
THE ASAHI SHIMBUN May 1, 2017, courtesy of AT
http://www.asahi.com/ajw/articles/AJ201705010035.html

Photo: Some Tokyo-run high schools ask guardians to sign and seal a form to verify students’ claims of having naturally light-colored or curly hair. (Ippei Minetoshi)

Nearly 60 percent of public high schools in Tokyo ask students with light-colored hair for proof, such as childhood photos, that these locks are their “real hair,” an Asahi Shimbun survey showed.

Many schools run by the Tokyo metropolitan government prohibit their students from dyeing or perming their hair as part of the dress code. The system of asking for “proof of real hair” was introduced to prevent schools from scolding or humiliating students whose hair is not naturally black.

The Asahi Shimbun interviewed all 173 full-time high schools run by the Tokyo metropolitan government on whether they ask students to submit forms of “proof of real hair.”

Ninety-eight of the 170 schools that responded to the survey answered “yes,” representing 57 percent of all schools contacted.

At least 19 schools ask their students to submit pictures of themselves as infants or junior high school students to prove the true color of their hair, the survey showed.

“Some students insist that their hair is natural even though it is dyed,” said a teacher at a metropolitan-run school in Setagaya Ward. “We ask their parents to confirm these claims as their responsibility.”

The style of the form varies from school to school. Most schools ask guardians to describe their children’s hair, such as, “My child’s hair is brown,” on the forms. The guardians’ seals are required to validate the information.

The number of students who submit the forms ranges from a few to a few dozen every year at each school.

Many schools hand out forms to new students who appear to have dyed or permed hair at a school information session attended by their guardians before the beginning of the academic year.

The school said the forms are intended to avoid unnecessary problems with the students if they are admitted. But the forms also show that the school is making efforts in providing “non-academic guidance.”

As the nation’s birthrate declines, competition between public schools and private schools to secure enrollees has intensified. Strict discipline can be a strong selling point.

Katsufumi Horikawa, chief of the guidance department at Tokyo’s board of education, said asking for proof of natural hair “is a valid process to prevent mistaken warnings to students (with naturally non-black or curly hair) and making them feel bad.”

However, he expressed concerns that some schools are going too far.

“Photographs are private documents, and extra consideration to protect personal rights is needed,” Horikawa said.

The education board of Saitama Prefecture, north of Tokyo, said it is “aware of the practice at several high schools.” Also in the Tokyo metropolitan area, Kanagawa and Chiba prefectures said they do not have information about the practice.
ENDS

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

Most Tokyo high schools demand students prove their real hair color, study finds
Business Insider.com, by Chris Weller
May 4, 2017, courtesy of BS
http://www.businessinsider.com/japanese-students-hair-color-2017-5

In the US, dress-code violations might include an offensive t-shirt or a mini skirt. In Japan, a dye job can do you in.

According to a new survey published by Tokyo news outlet The Asahi Shimbun, 57% of public high schools in the city require students to prove that their hair color is natural.

The measure is designed to uphold strict Japanese standards regarding physical appearance: In addition to prohibiting students from perming or dyeing their hair, many Japanese schools mandate crisp, respectable dress and don’t allow overly long or unkempt hair.

According to Asahi Shimbun, 98 of the 170 schools surveyed by the paper had such a policy in place. The number of children who’d been made to prove their hair color was real ranged from a few to a few dozen during the most recent school year.

“Some students insist that their hair is natural even though it is dyed,” one teacher told Asahi Simbun. “We ask their parents to confirm these claims as their responsibility.”

Unlike the US, Japan’s population is fairly homogeneous. As a result, the culture often places a premium on uniformity — even slight deviations from the norm tend to stand out, and provoke criticism in more conservative circles.

Natsuko Fujimaki, a Tokyo-based entrepreneur, says this is where the Japanese concept of majime comes into play. The term refers to a preference for order, tidiness, and often perfectionism. It tracks closely with a desire to stay reserved and sensible in comportment.

“They try to follow the rules for everything,” Fujimkai [sic] tells Business Insider.

In order to prove that a student’s hair is natural, schools will often ask parents to submit childhood photos depicting the kid’s hair color. In less extreme cases, parents only need to verify in writing (with a signature) that their child’s hair hasn’t been treated in any way.

The practice is not new. Even a decade ago, some schools required students to prove they hadn’t dyed or curled their hair. In extreme cases, schools would even require foreign-born students to dye their hair to conform to the rest of the student body as part of a forced assimilation process.

“Every week teachers would check if Nicola was dyeing her hair brown,” a Brazilian-born student named Maria told Japan Times of her sister, Nicola, in 2007. “Even though she said this is her natural color, she was instructed to straighten and dye it black. She did so once a week. But the ordeal traumatized her. She still has a complex about her appearance.”

Hair dye and perms aren’t the only beauty choices subject to Japanese dress-code standards. Many male students can’t wear spiky or messy hairstyles, allow their hair to cover their eyes, or let it grow past their collars. Some schools require female students to pin their hair back “in a way that does not interfere with classroom instruction,” as one school’s code put it.

According to Asahi Shimbun, Japan’s falling birth rate plays a role in these rules. With fewer students to fill the schools, public and private schools have started competing for parents’ attention. One strategy they’ve adopted: Highlight their strict hair policies to show how majime they are about education, in hopes parents will be impressed by the rigor.

Some critics say the requirement that students prove their hair is natural violates their privacy.

Meanwhile, advocates allege it does the students a favor, since one verification process can prevent headmasters from constantly asking whether a child’s hair is real. They say asking for initial proof ends up sparing kids even greater psychological harm.
ENDS

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

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Asahi: Joe Kurosu MD on ineffectually low doses of medicine for NJ patients and bureaucratic intransigence

mytest

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Hi Blog. In our previous blog entry, Debito.org Reader StrepThroat brought up the issue of Japanese medical prescription doses being too low to be effectual for some larger patients, particularly larger NJ patients used to larger doses overseas. Some respondents recommended taking double the dose and going to the doctor again for refill of the prescription, while others self-medicated with overseas supplements, and still others mentioned falling through the system entirely (particularly when it came to painkillers).

Joe Kurosu MD, who runs a clinic in Shimokitazawa, adds to this discussion in a January 2010 series of opinion pieces in the Asahi Shinbun, by saying:

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

Asahi:  “For reasons that are unclear, however, the indicated maximum dose is often significantly lower than that which is standard in other parts of the world. Difference in physical frame and incidents of side effects are some of the purported reasons, but a scientifically convincing basis is lacking.

“A significant number of resident foreign nationals currently receive health care through the Japanese national health insurance system, but are ill-served because of these dosage standards.

“The maximum daily doses indicated on package inserts of standard medications for high blood pressure, diabetes and depression, for example, are one-quarter to one-half of the standard doses in other countries for the identical drug. […]

“In any case, if the government requires foreign nationals to join the [National Health Insurance] system, it must be willing to provide services appropriate to that population. If this is not possible, then buying in the system should be voluntary […] I urge the government and relevant authorities to return autonomy to the physicians so the medications can be prescribed appropriately for the patient, whether or foreign or Japanese, based on science and clinical judgment, rather than [mechanically applying the dosage levels indicated on the package inserts].”
//////////////////////////////////////////

Here are scans of Dr. Kurosu’s articles in English and Japanese, courtesy of Dr. Kurosu himself (pctclinic.com) and RJ.

PDF versions here (click on link):
Kurosu2
KurosuArticleJP

There was another question as to whether Japanese medical testers screen for Japanese as an ethnicity (or “race”) when it comes to clinical trials.  Well, yes they do — as demonstrated here in Hawaii when I saw an ad in our campus newspaper back in 2012 calling for “Japanese” people to volunteer for a series of clinical trials “to help Japanese people”, sponsored by Covance.  I inquired (as a Japanese citizen), but was told that they were only interested in “ethnic Japanese” (including those who didn’t have Japanese citizenship, but had “Japanese blood”).  Oh well.  Missed out on my body mass.

Many thanks to everyone for helping make Debito.org a valuable resource and forum. Dr. Debito Arudou

=============================
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Reader StrepThroat: Medical prescriptions for foreign patients gauged to ineffectual children’s doses, regardless of patient size considerations

mytest

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Hi Blog.  We’ve dealt with cases of hospitals refusing to treat NJ patients before (see some cases here).  Here’s something that’s never come up on Debito.org before:  How even when NJ receive treatment, medicines may be ineffectual due to low dosages.  Check this out.  I’m not a doctor (well, not one that can write prescriptions), so I hope members of the medical community can weigh in on this one.  Dr. Debito Arudou

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

From: StrepThroat
Subject: Fwd: Indirect discrimination in prescriptions?
Date: May 6, 2017
To: debito@debito.org

Dear Debito,

I don’t tend to get sick often but just my luck, I was hit with some evil form of strep throat just as Golden Week started. After hours of hunting down an open hospital, and then another hour or so to hunt down an open pharmacist, I had my prescription antibiotic cut down to 2/3rds the prescription at the pharmacy. Apparently the doctor had taken my size into consideration when writing the prescription…but the pharmacists called him out on it exceeding the maximum daily dosage. I protested but was ultimately left with what the rest of the world considers a children’s dosage. After speaking with the pharmacist, doctor, and other pharmacists, what I found was the maximum dosage of certain medications is regulated by law and the maximum dosages for sales within Japan are determined by trials done exclusively on ethnic Japanese. I’m hardly a huge guy but at 75kg, I’m surely larger than the average Japanese. so this results in less than ideal dosages for nearly everything. For example, this time I was given:

acetaminophen:

Extra Strength Tylenol is 1000mg every 6 hours.
Normal Tylenol is 650mg every 6 hours.
Childrens Tylenol is 500mg every 6 hours.
Japanese Calonol is 400mg every 6 hours.

clarithromycin:

Overseas recommended dosage is 250-500mg twice a day.
Japanese dosage is 200mg twice a day.

Huscode 741 combo pills

Overseas adult dosage is 3 pills, 3 times a day.
Overseas children’s dosage is 2 pills 3 times a day.
Japan dosage is 2 pills, 3 times a day.

Basically, strict regulation of dosage size, based on the average ethnic Japanese rather than a more reasonable system based on body weight or age like in other countries. The end result is ineffective, children’s dosing or less for those of us who don’t fit the garigari average Japanese body size standard.

Probably not intentional racism but the narrow-minded mindset to use only locals for domestic Japanese consumptions means at the end of the day, it is likely to affect most NJ patients as well as any Japanese that are larger than the average Japanese. Every doc and pharmacist agreed the dosages were too small but gave the usual shogainai/gamanshikadekinai answers.

Sincerely yours, StrepThroat

========================
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UPDATE:  Asahi: Joe Kurosu MD on ineffectually low doses of prescription medicine for NJ patients and bureaucratic intransigence, in the Asahi Shinbun http://www.debito.org/?p=14616

Nikkei: ‘No foreigners allowed’: Survey shows heavy discrimination in Japan (which editorializing Nikkei Asian Review tries to excuse and dismiss)

mytest

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Hi Blog.  Following my most recent JBC column on the MOJ Foreign Residents Survey (which showed significant and substantial rates of “foreigner discrimination” in Japan, particularly in housing), we have the right-of-center Nihon Keizai Shinbun (roughly equivalent to the Wall Street Journal in stature and tone) offering their interpretation of the Survey.  Note the editorializing (which I will point out within the article below [in square brackets]) to try to be discounting or dismissive of the report — trying to pass it off as somehow “worries” about mere cultural misunderstandings, or issues not serious enough to seek help for.

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

‘No foreigners allowed’: Survey shows heavy discrimination in Japan
40% are refused housing because they are not Japanese
NIKKEI ASIAN REVIEW, April 6, 2017, Courtesy of JH
By TSUBASA SURUGA, Nikkei staff writer
http://asia.nikkei.com/Japan-Update/No-foreigners-allowed-Survey-shows-heavy-discrimination-in-Japan

TOKYO — Nearly 40% of foreign residents seeking housing in Japan are turned down because they are not Japanese, according to a new government survey. Roughly the same percentage also report being refused housing due to the lack of a Japanese guarantor.

[Aha.  So let’s immediately mitigate the problem by saying it’s a systemic issue, one that applies to Japanese too.  Even though it’s a lot tougher for NJ to get guarantors because they don’t have family or other “credible” connections in Japan, meaning it’s still slanted against the NJ renter regardless.]

Nearly 27% of the 2,044 foreign respondents who had sought new housing within the past five years reported giving up on a potential residence after discovering a notice saying “no foreigners allowed.”

“The landlord told [me and my husband] that the house is not for foreigners,” a Filipino woman in her forties was quoted as saying in the survey, which was commissioned by the Ministry of Justice.

“We visited a different real estate agent, but they said a Japanese guarantor was required,” she said. “We explained that we were both permanent residents, only to be declined because we did not meet the conditions.”

These rejections, however, are not necessarily motivated by racism.

[But that’s not what the survey says.  This is the Nikkei offering their interpretation.  And look at their reasoning:]

Many landlords fear they may not be able to communicate easily with foreign tenants. Other reasons for refusal to rent include worries that foreign tenants will not follow Japanese customs, such as taking off their shoes inside the house.

[And that’s not racism?  Presuming that foreign tenants cannot communicate?  And justifying the denial of housing due to unfounded “worries” that people allegedly WON’T TAKE OFF THEIR SHOES!?  How would Nikkei editors feel if they were stationed overseas, but were refused apartments because of landlord “worries” that Japanese eat too much rice and might clog the toilets with their BMs?  (We already get enough Japanese grousing about racism when they get seated in an overseas restaurant too close to the toilet.)  On what planet would this not be interpreted as a normalization of prejudice expressed performatively as racism?  I guess Planet Nikkei.]

The survey, the first of its kind conducted by the government, was aimed at obtaining a detailed understanding of human-rights abuses faced by foreigners as Japan at a time when the country is preparing from a dramatic influx in foreign visitors due to the coming of 2020 Tokyo Olympics and Paralympics.

The number of foreign residents reached an all-time high of 2.38 million at the end of 2016, up 6.7% on the year, according to the ministry.

The survey was conducted by the Center for Human Rights Education and Training across 37 areas nationwide between November and December last year. The organization mailed surveys to 18,500 foreign residents and received 4,252 responses.

Chinese and South Koreans combined accounted for over half of the adult respondents, followed by Filipinos, at 6.7%, Brazilians, 5.2%, and Vietnamese, 4.8%.

Of the 2,788 respondents who either worked in Japan or were looking for work here, 25% said they were denied employment because they were not Japanese. The report suggested that language ability did not appear to be the problem, as nearly 95% of those respondents said they spoke conversational, professional-level or fluent Japanese.

About 20% of those working in Japan said they received lower pay than their Japanese counterparts in the same job.

Nearly 30% of all respondents said they had been the target of derogatory remarks or insults due to their ethnic background in the past five years. Of those respondents, about 80% called the experience “unpleasant” or “unacceptable.” However, only 11% had sought help or consultation in response.

[And what’s the point of pointing out like this that they hadn’t sought help or consultation?  That it’s their fault for not seeking help, or that it wasn’t serious enough an issue to bother?  Perhaps they know by now that seeking official assistance in Japan is generally meaningless (see for example here, here, and here)]
ENDS

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

So many little needles, Nikkei, so little tolerance for news that reflects badly on Japan.  That’s why getting rid of Japan’s embedded racism is so difficult — it’s embedded in even the most mainstream of publications and discounted for whatever reasons plausible.  Dr. Debito Arudou

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

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

mytest

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

===================================
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…
===================================

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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Fukushima Pref Police HQ online poster asking for public vigilantism against “illegal foreign workers, overstayers”

mytest

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Hi Blog. Check this notice out, from the Fukushima Prefectural Police HQ:

Courtesy http://www.police.pref.fukushima.jp/i/onegai/jyouhou/gaijin.html
(Love how the link is simply “gaijin.html”.  Nice non-racist computer programmers you got there.)

It reads:

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

PLEASE COOPERATE IN INVESTIGATIONS OF CRIME BY FOREIGNERS COMING TO JAPAN.

Nationwide, there are many cases of things like theft and heinous crimes by foreign muggers coming to Japan. In Fukushima Prefecture as well, the following have occurred:

  • Widespread cases of burglaries targeting [including grammatical error of wo tou wo] precious metal shops.
  • Burglaries at pachinko parlors using body-sensitive machines (taikanki) [whatever those are].
  • Cases of auto break-ins.

ILLUSTRATIONS:  WHAT IS THIS PERSON UP TO?

  • Illustration caption one:  Skulking around vending machines.
  • Illustration caption two:  Looking for anti-theft devices.
  • Illustration caption three:  Peeping around other people’s cars.

If you see or hear about a suspicious person such as this, contact your nearest police station or police box, or call 110 if an emergency.

PLEASE COOPERATE IN UNCOVERING FOREIGN ILLEGAL OVERSTAYS AND ILLEGAL WORKERS.

Illegal entrance to the country of course applies to foreigners who enter the country legally and stay beyond their legal residency period, and if they work under the wrong visa laws.

Employers who also employ foreigners illegally are punishable under the laws.  We ask that employers who employ foreigners follow the laws strictly.

PLEASE CONTACT YOUR NEAREST POLICE BOX OR STATION IF YOU DISCOVER ANY FOREIGNER ENTERING THE COUNTRY OR WORKING ILLEGALLY.

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

As submitter XY says, “Not only are they perpetuating the stereotype of NJ being criminals, they’re basically asking the public to act as vigilante immigration officers.”

And there’s a bit more.  Look at the tab for the website above all this:

「ヤミ金融業者に注意!!福島警察本部」, or “Beware of Black Market Financiers!” What’s this got to do with “gaijin”?  Oh, I guess if falls under the “Anti Group-Crimes Policy Section” (soshiki hanzai taisaku ka, see very top of poster), which, according to the National Police Agency, foreigners are allegedly more likely to commit even in “group-oriented Japanese society”.  So I guess the gaijin are somehow also involved in Black Finance as well.

COMMENTS:  Well, let’s put this into context with all the other police posters we’ve been cataloging here at Debito.org for many years.  We’ve had the local police claiming that many crimes have been committed by foreigners in their area (while we’ve found that at in at least one case, despite police claims of “many cases”, crimes committed by foreigners were actually ZERO), and once again demonstrating how enlisting the public in racial profiling is their modus operandi.

In Fukushima Prefecture itself, according to the prefectural government, crime has been going steadily down without fail since 2002 (with no mention of foreign crime in the stats; you can bet that it would have been mentioned if it was significant).  Foreign crime in Fukushima doesn’t even make the top 80% of all foreign crime committed by prefecture in 2011, the year everything went pear-shaped, according to the Ministry of Justice (see page 58).  In the general NPA foreign crime report dated April 2015, Fukushima is only mentioned twice (talking about two individual crimes as case studies illustrative of “what foreign criminals do”), without overall crime breakdown by prefecture. And after a fairly exhaustive search, I can’t find ANY recent official stats on foreign crime in Fukushima, either in terms of numbers or rate of change.  So I think this is probably just another example of the Japanese police manufacturing a fictitious foreign crime wave.

Another comment I’d like to make is about the irony here.  Fukushima has grumbled about how its exiled citizens are being treated as radioactively contaminated pariahs across the country and refused service.  How sad that, despite this experience, the Fukushima Police haven’t learned that you shouldn’t target people this way.  Oh, but then again, they’re only talking about foreigners, and they don’t count:  foreigners shouldn’t be here in our peaceful society anyway if they’re just going to commit crime (or are, incorrectly, rumored to commit crime).  And here is just another example to see how racism is embedded in Japan all over again.  Dr. Debito Arudou

————————–

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Yomiuri on “Sharp decline in tourist spending”, with GOJ measures to certify NJ in “Cool Japan” for preferential visas

mytest

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Hi Blog. Debito.org Reader JK sends articles that indicate that the Japanese Government wants tourists to come in and spend more money (without doing the legal groundwork necessary to stop them being discriminated against), and is willing to bribe the NJ already here with preferential visas if they get certified in “Cool Japan”, i.e., become shills. Kinda smart in terms of incentive systems, but very cynical — and those critical of Japan, of course, need not apply. The pressure to unquestionably “like” Japan is already omnipresent, and now reinforced as public policy. Dr. Debito Arudou

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

From:  JK
Hi Debito:

From the article: “What’s needed are initiatives that introduce [tourists to] things that are great about Japan, like hot springs, Japanese cuisine, and local history and culture.”

Well, that and no ‘Japanese only’ signs at hot springs, restaurants, etc…

Sharp decline in tourists’ spending
The Yomiuri Shimbun Courtesy of JK
7:49 pm, January 18, 2017
By Toru Ando and Yuto Yoshida / Yomiuri Shimbun Staff Writers
http://the-japan-news.com/news/article/0003466816

While a record 24 million-plus foreign tourists came to Japan last year, spending per person dropped sharply in 2016, according to the Japan Tourism Agency.

Fewer foreign visitors are engaging in extravagant shopping sprees, so figuring out how to use Japan’s charms to increase tourism outside major metropolitan areas and encourage longer stays is becoming an issue. A total of 24,039,000 foreign tourists visited Japan in 2016.

The agency on Tuesday released the results of a survey on foreign tourists’ consumption in 2016. The increase in the number of tourists pushed overall spending to a record ¥3.75 trillion, but per-person spending was down 11.5 percent from the previous year to ¥155,896, the largest drop ever recorded.

Behind the decline was the yen’s appreciation from the previous year, as well as a change in the purpose of travel from “consumption” through shopping and other means, to trips aimed at “experiencing things” such as nature and culture.

The government hopes to raise per-person spending to ¥200,000 by 2020. But Takeshi Okano, a senior researcher at Daiwa Institute of Research Holdings Ltd., was skeptical.

“There’s a limit to widening the scope of tourism if only consumption is focused on. What’s needed are initiatives that introduce [tourists to] things that are great about Japan, like hot springs, Japanese cuisine, and local history and culture. These efforts should be aimed at getting people to make repeat visits,” he said.

However, tourists tend to concentrate in major cities.

On Monday, a 19-year-old university student from Shanghai was in the Akihabara district of Tokyo. “I bought some figurines from anime I like,” he said, looking satisfied with his first trip to Japan.

Robert Macolino, a 56-year-old Australian, was shopping in the Ginza district of Tokyo. Macolino said he had also visited Kyoto and Nara, and appreciated the different charms of each city.

The main tourist destinations are concentrated in the so-called golden route that connects Tokyo, Kyoto, Osaka and other major cities. First-time visitors to Japan are even more likely to stick to these areas. Figuring out how to buck this trend and get tourists to visit other regions is a major challenge.

Starting this fiscal year, the Japan Tourism Agency is helping local regions that share tourism resources — such as modern architecture, sake brewing, or shrines and temples — create themed tours. For instance, Shizuoka, Aichi, Saitama, Tochigi and Miyagi prefectures are receiving state funds to plan and promote tours of their shrines and temples with strong connections to Tokugawa Ieyasu, the first shogun in the Edo period.

“Areas outside the major cities have many great tourism resources. Visitors to these areas will increase if we make them better known and get the information out there,” an official at the agency said.
ENDS

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

Hi Debito.  Here’s another.  My gut reaction is that the GOJ is trying to exploit NJ possessing a certain degree of acculturation for their labor, what do you think? Regards -JK

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

‘Cool Japan’ smarts may give foreigners a residence edge
http://the-japan-news.com/news/article/0003452588
8:44 pm, January 18, 2017
The Yomiuri Shimbun

The government is considering establishing a certification test for assessing the competency and know-how of foreigners engaged in activities related to the “Cool Japan” initiative, such as anime and fashion. The aim is to accept more of these foreigners into National Strategic Special Zones, according to sources.

The government intends to relax the requirements for obtaining resident status for candidates who meet certain competency criteria and conditions. The plan is aimed at foreign students graduating from Japanese vocational schools, the sources said.

By creating a friendly working environment for foreigners with strong interests in Japanese culture, the government aims to increase the number of foreigners with an intimate familiarity with Japan. They could then serve as informal bridges for future exchanges between Japan and their home countries.

A working group of the government’s National Strategic Special Zones initiative is currently discussing the matter. It plans to grant resident status to foreigners after confirming their competency via certification tests and other methods. The government aims make relevant revisions to the National Strategic Special Zones Law in fiscal 2017.

Under the current residency status system, which is based on the Immigration Control and Refugee Recognition Law, foreigners who have graduated from Japanese vocational schools are not eligible for resident status due to a lack of work experience. Consequently, they cannot work in Japan despite a desire to do so. This has been recognized as a problem.

Japanese language proficiency would also be assessed in the envisaged certification test, in addition to relevant professional skills.

“More foreigners will obtain resident status,” a government source said.

The working group is considering allowing foreigners to obtain certification to stay in Japan for several years, the sources said.
ENDS
===========================

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NHK repeatedly racially profiles prototypical criminal (the only NJ person in a crowd) on TV program Close-Up Gendai, Apr 5, 2017

mytest

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Hi Blog. Debito.org Reader JF has this to report:

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

Date: April 5, 2017
From: JF
Re: Close Up Gendai 4/5 – Bad stereotyping
Hi Debito,

Just watched today’s Close Up Gendai on NHK, [“Can smartphones steal fingerprints? The over-transceiving society has arrived“]. Topic was how biometric data from pictures and security cameras can be used and abused.

While the experts were taking, during the entire program, they kept on showing relevant clips in the background. One of the clips shows how a face recognition system picks a criminal from a group of faces in a public place. Sure enough, among the group of Asian faces, there is one Western-looking foreigner, who happens to be “blacklisted”….

Please see attached picture taken from my TV. As reinforcement of the image linking foreigners to crime, I counted our “blacklisted” gaikokujin friend reappearing on continuous loop 6x, but I may have missed some as I just skimmed it. One in the beginning, two more in-between and the rest in the last 5 minutes when they had the discussion in the studio, including one at the very end.

What does this, on a subconscious level, suggest to the Japanese audience? Not sure if you know somebody at NHK, they should be more sensitive about these things!

When they briefly explained the face recognition system it also picked Japanese faces, but the clip that kept on running in the background only showed the foreigner being selected every single time.
Regards, JF

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

Here’s a link to the program (which even includes the foreign blacklisted person in its signature image:
http://www.nhk.or.jp/gendai/articles/3955/

View the entire program at
https://www.youtube.com/watch?v=zx43rQql6-8

COMMENT:  It’s an interesting program in terms of content and execution, but how far the mighty have fallen.  Close-Up Gendai was one of those programs you could count on for at least trying to strike a reasonable balance.  Clearly not anymore.  Especially after the purges of the show to reflect NHK’s hostile takeover by political leaders who explicitly (as a matter of officially-stated policy) can only act as the government’s mouthpiece.

Okay then, if that’s the way you want it.  Here again we have more evidence of latent racial profiling as probable representations of government policy  — NJ are more likely to be criminals (if not terrorists — watch from minute 18:30), all over again.  Beware of them in a crowd!  Dr. Debito Arudou

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

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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:
////////////////////////////////////////
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
////////////////////////////////////////

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

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:

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

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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Reuters: Japan’s foreign asylum seekers tricked into Fukushima radiation clean-up

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Hi Blog. Here’s a scoop involving several layers of odious. It’s not just a matter of Japan’s poor or homeless (or other foreigners) being exploited for dangerous and life-threatening jobs cleaning up the radioactive mess in Fukushima.  Now Japan’s government is quite possibly complicit in tricking foreign ASYLUM SEEKERS into doing the dirty work for the sake of being granted extensions to their visa (which in the end turned out to be “a false promise”). All this under conditions where, according to the Reuters article below, “more than half of the 1,020 companies involved in decontamination violated labor and safety laws”. Further, as submitter JDG notes, “Asylum seekers in Japan tricked into doing nuclear decontamination work in Fukushima because when they get over-dosed on radiation and contaminated, the J-gov can always reject their asylum applications and deport them after all, right?”

As Debito.org has noted before, there is a metaphorical radioactivity to Fukushima that overwhelms law and order and corrodes all sense, bringing out the corrupt criminal underbelly of Japan’s bureaucratic and political worlds. Fukushima’s running-sore of an issue has undermined all integrity at the eventual expense of lives, particularly those of the most powerless in society. Six years after the event, the whitewashing of the issue continues. Dr. Debito Arudou

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Bangladeshi asylum seekers tricked into radiation clean-up: media
Reuters India, March 8, 2017, courtesy of JDG
By Minami Funakoshi and Thomas Wilson | TOKYO
http://in.reuters.com/article/us-japan-fukushima-asylumseeker-idINKBN16F0YN

FILE PHOTO – Big black plastic bags containing radiated soil, leaves and debris from the decontamination operation are dumped at a seaside, devastated by the March 11, 2011 earthquake and tsunami in Tomioka town, Fukushima prefecture, near Tokyo Electric Power Co’s (TEPCO) tsunami-crippled Fukushima Daiichi nuclear power plant February 22, 2015. REUTERS/Toru Hanai/File Photo

Two Bangladeshi asylum seekers in Japan cleared up radioactive contamination from one of the world’s worst nuclear disasters on the false promise doing so would win them permission to stay in the country longer, media reported on Wednesday.

The Fukushima nuclear plant suffered multiple meltdowns after being hit by a tsunami triggered by a big earthquake on March 11, 2011. Companies decontaminating areas around the plant, which usually involves removing radioactive top soil, have struggled to find workers willing to do the job.

The two men, who arrived in Japan in 2013 saying they were escaping political persecution, said they were told by brokers and construction companies that their visas would be extended if they did decontamination work, the Chunichi newspaper reported.

“We believed the visa story because they said it’s a job Japanese people don’t want to do,” Chunichi quoted one of the men, Monir Hossain, as saying.

Reuters was not able to reach the two men.

The men did the decontamination work in Iitate village, about 50 km (30 miles) south of the plant, from January to March 2015, Chunichi said.

Japan maintains tight controls on the entry of foreign workers but asylum seekers are allowed to work while their applications are reviewed. Many have permits allowing them to stay and work that have to be renewed every six months.

Mitsushi Uragami, a justice ministry official who oversees refugee recognition, said there were no residence permits on offer for people doing decontamination.

“The length of asylum seekers’ residence permits and them doing decontamination work are unrelated. If anyone is giving inaccurate explanations about this, it’s problematic,” Uragami told Reuters.

The department was investigating the case, he said.

Takuya Nomoto, an environment ministry official overseeing decontamination, said the Chunichi report did not give the names of the companies or labor brokers involved, and as such the ministry was not able to confirm it.

The Fukushima Labour Bureau said this month more than half of the 1,020 companies involved in decontamination violated labor and safety laws last year.

Reuters revealed in 2013 that homeless men were put to work clearing radioactive soil and debris in Fukushima for less than the minimum wage.

Reuters also found the clean-up depended on a little scrutinized network of subcontractors – many of them inexperienced with nuclear work and some with ties to organized crime.

(Reporting by Minami Funakoshi; Editing by Robert Birsel)
ENDS

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

mytest

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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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Kyodo: Trainee program, small firms drive rise in Japan’s foreign worker numbers. More data, same misleading gloss.

mytest

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Hi Blog. I’ve said plenty about this issue in my previous post. Here’s more information and gloss from Kyodo, which once again erroneously conflates “Trainees” with “workers”. Perhaps a new word is necessary to distinguish them. Oh, but they already have one:  how about “foreign trainees and workers”? Because they are simply not the same.

And what woe looms for these bright-eyed young workers who “want to stay on in Japan”. Not likely, at this writing. Especially since even the labor unions (as noted below) aren’t going to defend them. And I saw essentially the same bent to articles on foreign workers (for real, before the grey zone of “Trainees”) during Japan’s “kokusaika” period in the late 1980s (when I first arrived). Look how that turned out. Dr. Debito Arudou

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Trainee program, small firms drive rise in Japan’s foreign worker numbers
KYODO/JAPAN TIMES FEB 7, 2017
http://www.japantimes.co.jp/news/2017/02/07/national/trainee-program-small-firms-drive-rise-japans-foreign-worker-numbers/

The official number of foreign workers in Japan has surpassed 1 million for the first time, thanks in part to aggressive employment by regional companies and small businesses to cope with the labor shortage.

While these firms, though few and far between, are breaking new ground with their hiring, it remains unclear how the government wants to go about allowing in more foreign workers as it works out a new policy.

Juroku Bank, Ltd., based in Gifu Prefecture, last April hired two Chinese who had been studying at a university in Nagoya.

It was the first time for the company to hire foreign bank clerks, and came as part of a new personnel strategy to deal with the growing number of visitors to Japan.

Zhang Yijun, 26, has been assigned to handling remittances and other duties related to foreign exchange matters at one of the regional bank’s Nagoya branches. Zhang can get by in everyday Japanese-language conversations but is still learning from co-workers about banking and handling customers.

Zhong Shouzhen, 29, meanwhile handles foreign exchange matters at the bank’s head office in the city of Gifu. She struggles with polite Japanese expressions but hopes to get involved in business mergers and acquisitions in the future.

“I want to be an intermediary for Chinese and Japanese companies,” Zhong said.

A manager in the bank’s personnel section said: “The two of them had the power to carve out a life in Japan from scratch, and we have expectations that they will prosper in various ways.”

Tran Hong Kien, 28, from Vietnam, has been working for Yoshimoto Factory, a metal-processing firm in Ome, western Tokyo, since last March. He studied mechanical engineering at a top university in Vietnam.

“I was impressed by the high technical competence in Japan,” said Kien, who is tasked with running a lathe under instructions from senior workers at the company, which employs 25. “If possible, I would like to remain living in Japan.”

“It is difficult for a company of our size to employ Japanese students in science and technology, and recently it has been especially tough,” said the company’s president, Makoto Yoshimoto, adding that it’s hard to compete against larger companies for the most talented graduates from Japanese universities.

Yoshimoto noticed many diligent and outstanding students when the company started conducting business in Vietnam several years ago. Twenty applicants responded to the company’s job listings, but only two, including Kien, were hired.

Many foreign workers have also been working at small businesses but for low wages, brought to Japan under the government’s skills acquisition program that critics say is a cover for hiring cheap labor. These workers often return home just when they get used to their jobs, which are usually based on three-year contracts.

Yoshimoto said: “For the two Vietnamese this is regular employment with the same salary as for Japanese. I won’t mind if they work here until they retire.”

According to a survey by employment information company Disco that covered 630 firms nationwide, 38.1 percent employed or planned to employ foreign students in fiscal 2016, while more than half — 59.8 percent — expect to hire such workers in fiscal 2017.

The percentage of foreign workers who were recruited after graduating from overseas universities is expected to rise from 18.9 percent in fiscal 2016 to 32 percent in fiscal 2017. Disco said small and medium-size domestic companies that are little known to students are starting to recruit college graduates from abroad.

There were 1.08 million foreign workers on the official books at the end of October, up 19.4 percent from a year earlier, according to a survey by the labor ministry.

This was the first time the 1 million milestone was passed since 2008, when the ministry first started collecting statistics based on hiring reports by businesses.

The government has been promoting employment of foreign nationals with advanced skills and knowledge, but in reality, trainees under the skills acquisition program have been fueling the growth.

The latest ministry data show that program trainees grew by 25.4 percent to 211,108, outstripping specialized professionals, who increased 20.1 percent to 200,994. The number of students working as part-timers jumped by a robust 25 percent to 209,657.

The government, faced with a declining and graying population, is exploring the ramifications of accepting more foreign workers.

A debate is underway among lawmakers and bureaucrats over whether to expand the scope of businesses that can hire foreign nationals as regular workers to cover glaring shortfalls in the agricultural and construction industries, not just highly skilled professions.

But many in Prime Minister Shinzo Abe’s ruling coalition have expressed concern that throwing the doors open further for foreign workers would lift the lid on a Pandora’s box of immigration troubles.

Even labor unions, despite a desire to defend the rights of foreign workers, are wary of their influence on domestic employment and are against their easy acceptance into the workforce.
ENDS
/////////////////////////////////////////////

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Problematic Fukuoka Pref. Police sign warning against “Foreign Travelers in Rental Cars”

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Hi Blog.  Following the “foreign driver” stickers put on cars to stigmatize the NJ tourists (and NJ residents renting cars) in Okinawa and Hokkaido, now we have the Fukuoka Prefectural Police taking it upon themselves to associate bad driving with foreigners.  Based upon one cited accident (Japanese drivers, after all, never have accidents, right?), the police put up a multilingual sign to caution everyone, and apparently teach NJ how to drive all over again.  How presumptuous.  Let’s see what submitter XY has to say:

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

Date: August 22, 2016
From: XY

Hi Dr. Debito,
I am a long-time reader – and very occasional commenter – on your blog. However, this Obon I encountered a sign at a rental car office at Fukuoka Airport that was hard to ignore. The sign is attached.

The multilingual translations of everything BUT the warning up top [which specifically mentions “foreign tourists driving rental cars” (gaikokujin ryokousha no unten suru renta-ka-)] seem quite disengenuous to me, almost as if the intention of the author was to create a literal honne/tatemae on the page:

Tatemae: we want everyone to be safe on the road so we have put these reminders out for everyone’s good, even our foreign guests.

Honne: beware, there are dangerous foreigners on the roads of Kyushu. We are doing our omotenashi to remind them of the “common sense” of driving as you can see below, but you need to be extra alert because there is only so much we can do to control their foreign ways of driving

Not the best vibe to be giving off exactly 4 years before the Tokyo Olympics if you ask me.

By the way, a very cursory web search brought up this article, which I am pretty sure reports on the same accident that the poster describes:
http://qbiz.jp/sp/article/84684/1/

I cannot read to the end without an account, but my initial thoughts are:

– There are assumptions galore. The article mentions police making a poster to warn people of the “prohibited” act of dozing off behind the wheel, imploring them to take rests, etc. Incredibly, it implies that these practices are not common sense for people who are not experienced driving in Japan. This argument might hold a sliver of credibility if there was testimony from the driver proving that one of these factors was a cause of his accident. But the article gives no such proof.

– The article offers many statistics to show that the number of foreigners renting cars has indeed increased. Unfortunately, it does not bother to provide statistics proving that this has resulted in an increase in accidents (above and beyond the normal expected increase with more drivers on the road). Even if they did provide evidence showing an increase in accidents, they would still need to go a step further to show how this is directly related to foreign drivers and not something else (the rapid aging of licensed Japanese drivers, perhaps??).

When you take away the need to consider your foreign audience — this article being designed for domestic consumption only — it seems to me that this is another classic case of the Japanese authorities using foreigners as a punching bag for societal angst.

Cheers, XY

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

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Pacific Affairs journal book review of “Embedded Racism”: “a timely and important contribution to social and scholarly debates about racial discrimination in Japan”

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Book Review in Pacific Affairs Journal
http://www.pacificaffairs.ubc.ca/book-reviews/book-reviews-2/forthcoming-book-reviews/ (page down)

EMBEDDED RACISM: Japan’s Visible Minorities and Racial Discrimination. By Debito Arudou. Lanham: Lexington Books, 2015. xxvi, 349 pp. (Tables, figures.) US$110.00, cloth. ISBN 978-1-4985-1390-6.

Arudou’s book is a timely and important contribution to social and scholarly debates about racial discrimination in Japan. It comes on the heels of both the Japanese government’s 2014 official claim that an anti-racial discrimination law is not necessary (third combined report to the United Nations Committee on the Elimination of Racial Discrimination [CERD]), and recent developments in Japan that have politicized the issues of dual nationality and hate speech, and even the Miss Universe Japan pageant.

Arudou draws on a quarter-century of research involving personal interviews, action research, and cataloguing, to highlight micro-level observations that illuminate the broader macro-level structural workings of the racialized dimensions of what it means to be “Japanese” in Japan. The contribution of this book is not only in its richness of information, but also in Arudou’s focus on a paradoxical blind spot in both the quotidian status quo understandings of and academic discourses on racialized social dynamics in Japan: the invisibility of visible minorities. Borrowing from Critical Race Theory (CRT), and applying its analytical paradigms present in Whiteness Studies to the case of Japan, Arudou argues that “the same dynamics can be seen in the Japanese example, by substituting ‘White’ with ‘Japanese’” (322-323). He introduces the concept of embedded racism to describe the deeply internalized understandings of “Japaneseness” that structurally permeate the psyche and sociolegal elements of Japanese society, resulting in systemic discriminatory treatments of individuals based on visible differences.

Instead of defining the Self/Other binary in oft-conceptualized terms of citizenship, he uses an original Wajin/non-Wajin heuristic. By original Wajin, he refers to visually identifiable “Japanese” who are members of Japan’s dominant and privileged majority, and for non-Wajin he refers to both invisible (e.g., ethnic minorities who can pass as “Japanese”) and visible (Gaijin, foreigners and naturalized Japanese citizens who do not “look Japanese”) minorities who are not members of Japan’s dominant and privileged majority. He uses this heuristic to parse out the nuanced sociolegal-structural logics that differentiate between not only citizens and non-citizens, but also non-citizens who can phenotypically pass as “Japanese” and citizens who cannot, in which the former is often given preferential sociolegal treatment, and the latter is often subject to overt racial discrimination.

More specifically, the book opens with a theoretical primer on race and the universal processes of racialization and nation-state formation. The author then critiques how studies on Japan often suffer from flawed conceptualizations of foreignness, viewing it as a function of either ethnic differences within the Asian-phenotype community or legal membership status, thereby overlooking overt discrimination against visible minorities that are racial in nature.

The first chapter contextualizes racial discrimination in Japan and explicates Arudou’s usage of the concept of visible minority and his theory of embedded racism in the context of Japan. The second chapter then addresses the historical roots of extant racialized understandings of “Japaneseness” by tracing national self-image narratives that Arudou argues undergird the dynamics of present-day treatments of foreigners in Japan. The next chapter surveys approximately 470 cases of establishments that have engaged in racialized refusals of entry and services and three civil court lawsuits, to demonstrate that “Japaneseness” is determined by racialized paradigms such as physical appearances (37–38).

In chapter 4, Arudou explains how Japanese nationality laws, family and resident registries, and policing regulations/practices constitute the legal underpinnings of the racialized “Japanese” identity, and asserts that Japan’s legal definition of a “Japanese citizen” is closely intertwined with “Japanese bloodlines” (11). The following chapter shifts the focus to how “Japaneseness” is enforced through exclusionary education laws, visa (residence status) regimes, and racial profiling in security policing. This chapter is supplemented with chapter 6, which highlights differential judicial treatments of those who are seen as “Japanese,” and those who are not. Chapter 7 details how media representations of “foreigners” and “Japanese” as well as the criminalization of “foreigners” popularize the racialized narratives of “Japaneseness” established by the processes discussed in chapters 4 to 6.

Chapter 8 shifts gears as Arudou turns his attention to domestic civil society and international criticisms of Japan’s embedded racism, and discusses the government’s passive reactions. Arudou traces the correspondence between the government and the (CERD) before and during its first two CERD report reviews in 2001 and 2010 (but not the most recent CERD review in 2014). Chapter 9 then takes two binaries that can be used to understand how sociolegal distinctions of “Japaneseness” are often made—by nationality (citizen/non-citizen) and by visual identification (Wajin/Gaijin)—and superimposes them to form a heuristic matrix of eleven categories of “Japanese” and “foreigner.” The author thus drives his point across that social privilege and power in Japan are drawn along lines that straddle conceptual understandings of and assumptions about both legal and phenotypical memberships. The book concludes with a final chapter on the implications of embedded racism for Japan’s future as an ageing society, and argues that Japan’s demographic predicament could be mitigated if Japan can begin eliminating its racism to create a more inclusive society for all.

The book does not touch on the voices and local/community advocacy initiatives among and on behalf of visible minorities, and stops short of systematically testing how the proposed heuristic matrix and its combinations of characteristics empirically lead to differential treatment. However, it does cover a lot of ground, and would be of interest to a wide audience, from the casual reader interested in learning about the racial dynamics in Japan, to researchers with area studies interests in Japan and/or substantive field interests in international migration, ethnic and race studies, citizenship and human rights, and advocacy politics at both the domestic and international levels. Arudou argues that Japan’s passive stance to addressing racial discrimination is “the canary in the coal mine” regarding its openness to “outsiders” (xxiii), and by starting this conversation, he addresses “the elephant in the room” that needs to be reckoned with for Japan to navigate its way through its impending demographic challenges.

— Ralph Ittonen Hosoki, University of California, Irvine, USA

Ends


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Japan Times JBC Column 104: The Top Ten Human Rights Events of 2016

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JUST BE CAUSE
justbecauseicon.jpg

Japan’s human rights issues fared better in 2016
BY DEBITO ARUDOU
The Japan Times, Jan 8, 2017, Column 104 for the Community Page

Print version at http://www.japantimes.co.jp/community/2017/01/08/issues/japans-human-rights-issues-fared-better-2016/

Version with links to sources follows

Welcome back to JBC’s annual countdown of the top issues as they affected Non-Japanese (NJ) residents of Japan. We had some brighter spots this year than in previous years, because Japan’s government has been so embarrassed by hate speech toward Japan’s minorities that they did something about it. Read on:

No. 10)  Government “snitch sites” close down after nearly 12 years

We’ve named and shamed this before (“Downloadable Discrimination,” Zeit Gist, March 30, 2004). From Feb. 16, 2004, Japan’s Immigration Bureau had websites where anyone could anonymously rat on foreigners for any reason whatsoever — including (as a preset option) the xenophobic “repugnance and anxiety” (ken-o fuan). This occasioned calls for abolition from rights groups, including Amnesty International, and government leaders. As the Japan Federation of Bar Associations pointed out in 2005, “The program has ordinary citizens essentially spying on people suspected of being illegal aliens, which serves only to advance prejudice and discrimination toward foreigners.”

Yet Japan’s police “see no evil” when it suits them. According to the Asahi in 2015, the sites were being inundated with hate emails “slandering” Japan’s Zainichi generational Korean community. Immigration suddenly realized that false leads from trolls were a waste of time. Yep, we told you so more than a decade ago. Glad it sunk in.

9 Priyanka Yoshikawa wins Miss World Japan

This year showed us that 2015 was not a fluke. In 2015, multiethnic American-Japanese Ariana Miyamoto won the Miss Universe Japan competition as Japan’s first biracial national beauty queen. In 2016, Indian-Japanese Priyanka Yoshikawa was elected to represent Japan despite protests about whether she is a “real” Japanese. Although these events are cheer-worthy because they demonstrate that “Japaneseness” is not purely a matter of looks, they’re more important because the women’s stories of being “different” have highlighted their struggles for acceptance. When the domestic media bothers to report them, that is.

The discussion has mostly been a shallow one about “looks.” Sadly, this is par for the course. As I said to ABC NewsRadio Australia, “Why do we keep doing these 19th-century rituals? Demeaning women by putting them on a stage, making them do debasing things, and then saying, ‘This is a standard of beauty that is or is not Japanese?’ How about we just call it what it is: incitement to superficial judgment of people not as individuals but by physical appearance?” Progress made, yes, but the real progress will be when beauty pageants stop entirely.

8 Japan’s multiethnic citizens score at 2016 Olympics

Similarly, Japan’s athletes have long been scrutinized for their “foreignness.” If they are “half” or even naturalized, their “foreignness” becomes a factor no matter what.

If they do badly, “It’s the foreigners’ fault.” As seen when Japan’s men’s rugby team lost in 2011 and the nation’s rugby union criticized coach John Kirwan for using “too many foreign players” (including naturalized former NJ). The team was then ethnically cleansed. When multiethnic Japanese figure skaters Chris and Cathy Reed underperformed in 2014, Tokyo 2020 Olympics Chair Yoshiro Mori essentially labeled them leftovers, bashing them (mistakenly) as “naturalized citizens” who couldn’t make the U.S. Team.

But if they do well, they get celebrated. Remember October 2015, when Brave Blossoms, the men’s rugby team, scored an upset over South Africa, and their players’ enhanced physical strength was attributed to their multiethnicity? Suddenly the fact that many players didn’t “look Japanese” (11 were even born outside Japan) was no problem.

Same when Japanese athletes did well in Rio last year. Prominent performances by multiethnic Japanese, including Mashu Baker (Gold in Judo); members of Japan’s Rugby Sevens (the men’s team came in fourth); other members of Japan’s soccer, basketball and athletics teams; and most prominently, runner Asuka Cambridge (who missed out on Gold only to Usain Bolt) made it clear that hybrid Japanese help Japan in sports. If only people would stop putting up the extra hurdle of attributing success or failure to race.

7 Renho Murata takes helm of the Democratic Party

After years of tired leftist politics with stale or uninspiring leaders, last September the main opposition Democratic Party made young and dynamic Taiwanese-Japanese politician Renho Murata its leader. It was the first time a multiethnic Japanese has ever helmed a major party, and immediately there were full-throated doubts about her loyalties. Media and politicos brought up Renho’s alleged ties to untrustworthy China (even though Taiwan and China are different countries; even the Ministry of Justice said that Taiwanese in Japan are not under PRC law), or that she had technically naturalized (Renho was born before Japanese citizenship could legally pass through her mother) but had not renounced her dual citizenship, which wasn’t an issue when she was a Cabinet member, nor when former Peruvian President and dual citizen Alberto Fujimori ran for a Diet seat in 2007 (Zeit Gist, May 5, 2009).

Whatever. Renho has proven herself a charismatic leader with an acerbic wit, ready to ask difficult and pointed questions of decision makers. She famously did so in 2009, during deliberations to fund the “world’s most powerful computer,’ when she asked, “What’s wrong with being number two?” The project still passed, but demanding potential boondoggles justify themselves is an important job. The fact that Renho is not cowed by tough questions herself is good for a country, which with 680,000 Japanese dual citizens deserves fresh unfettered talent with international backgrounds.

6 Abubakar Awudu Suraj case loses once and for all

This has made the JBC annual Top 10 several times, because it’s a test case of accountability when NJ die in official custody. In 2010, Ghanaian visa overstayer Abubakar Awudu Suraj was so “brutally” (according to this newspaper) restrained during deportation that he was asphyxiated. Suraj’s widow, unsuccessfully seeking justice through Japan’s criminal justice system, won civil damages from the Immigration Bureau in a 2014 Tokyo District Court decision. However, last January, the Tokyo High Court overturned this, deciding that the lethal level of physical force was “not illegal” — it was even “necessary” — and concluded that the authorities were “not culpable.” Suraj’s widow took it to the Supreme Court, but the appeal was rejected last November.

Conclusion: Life is cheap in Japan’s Immigration detention systems (Reuters last year reported more NJ deaths in custody due to official negligence). And now our judiciary has spoken: If NJ suffer from a lethal level of force — sorry, are killed by police — nobody is responsible.

5 2016 Upper house elections seal Shinzo Abe’s mandate

Past JBC columns on Japan’s right-wing swing anticipated that Prime Minister Shinzo Abe would capitalize on the left’s disarray and take Japan’s imagined community back to an imagined past. Sure enough, winning the Upper House elections last July and solidifying a majority in both houses of Parliament, he accomplished this hat trick. Since then, Abe’s popular support, according to the Asahi, remains at near record-highs (here and here). There’s even talk of changing the rules so he can be PM beyond his mandated five-year term.

That’s it then, really. Everything we feared his administration would do since 2012 is all coming to pass: the dismissing of universal human rights as a “Western concept,” the muzzling and intimidation of the press under a vague state secrets act, the deliberate destabilization of East Asia over petty territorial disputes, the enfranchising of historical denialism through a far-right cabal of elites, the emboldening of domestic xenophobia to accomplish remilitarization, the resurgence of enforced patriotism in Japan’s education system, the further exploitation of foreign workers under an expanded “trainee” program, and the forthcoming fundamental abrogation of Japan’s “Peace Constitution.”

Making Japan “great” again, similar to what’s happening in the United States under President-elect Donald Trump, has been going on for the past four years. With no signs of it abating.

4 Next generation of “Great Gaijin Massacres” loom

In April 2013, Japan’s Labor Contracts Law was amended to state that companies, after five years of continuous contract renewals, must hire their temporary workers as “regular employees” (seishain). Meant to stop employers from hiring people perpetually on insecure contract jobs (“insecure” because employees are easily fired by contract nonrenewal), it is having the opposite effect: Companies are inserting five-year caps in contracts to avoid hiring people for real. Last November, The Japan Times reported on the “Tohoku University job massacre,” where 3,200 contract workers are slated to be fired en masse in 2017.

JBC sees this as yet another “Gaijin as Guinea Pig” scenario (ZG, July 8, 2008). This happened in Japanese academia for generations: Known as “Academic Apartheid,” foreign full-time scholars received perpetual contract employment while Japanese full-time scholars received permanent uncontracted tenure from day one. This unequal status resulted in the “Great Gaijin Massacre” of 1992-4, where the Ministry of Education (MOE) told National and Public Universities not to renew the contracts of foreigners over the age of 35 as a cost-cutting measure. Then from 1997, the MOE encouraged contract employment be expanded to Japanese full-time educators. From 2018, it will be expanded to the nonacademic private sector. It’s a classic case of Martin Niemoller’s “First they came …” poem: Denying equal rights to part of the population eventually got normalized and applied to everyone.

3 The government surveys NJ discrimination

Japan has been suddenly cognizant of “foreigner discrimination” this year. Not “racial discrimination,” of course, but baby steps. The Asahi kicked things off in January by reporting that 42 percent of foreign residents in Tokyo’s Shinjuku Ward encountered some form of discrimination, and nearly 52 percent of that was in finding apartments. Glad to have the stats, albeit localized.

Then the Ministry of Justice’s Bureau of Human Rights conducted its first-ever nationwide survey of discrimination toward longer-term NJ residents by mailing them a detailed multilingual survey (available at www.debito.org/?p=14298), asking questions specifically about unequal treatment in housing, employment, education, social situations, etc. It even mentioned the establishment of “laws and regulations prohibiting discrimination against foreigners” (not a law against discrimination by race, natch).

Although this survey is well-intentioned, it still has two big blind spots: It depicted discrimination as 1) due to extranationality, not physical appearance, and 2) done by Japanese people, not the government through systemic racism embedded in Japan’s laws and systems (see my book “Embedded Racism” for more). As such, the survey won’t resolve the root problems fundamental to Japan’s very identity as an ethnostate.

2 Blowback involving NJ tourism and labor

Japan’s oft-touted sense of “selfless hospitality” (omotenashi) is an odd thing. We are seeing designated “foreigner taxis” at Kyoto Station (with a segregated stop), “foreign driver” stickers on Hokkaido and Okinawa rental cars stigmatizing NJ tourists (and NJ residents touring), and media grumblings about ill-mannered Chinese crowding stores, spending scads of money (diddums!) and leaving behind litter. (Japan’s tourist sites were of course sparkling clean before foreigners showed up. Not.)

Then there’s the omnipresent threat of terrorism, depicted for years now by the government as something imported by foreigners into a formerly “safe Japan” (although all terrorist acts so far in Japan have been homegrown). To that end, 2016 was when Japan’s Supreme Court explicitly approved police surveillance of Muslim residents due to their religion. (What’s next? Surveilling foreign residents due to their extranationality?)

Yet foreigners are a necessary evil. Japan still needs them to do its dirty work in the construction, manufacturing, agriculture, fishery and nursing sectors. So this year the foreign “trainee” work program was expanded, along with measures against abuses. About time — bad things, including NJ slavery and child labor have been happening for decades, with the Health, Labor and Welfare Ministry acknowledging that about 70 percent of employers hiring “trainees” engage in illegal labor practices. Omotenashi has been counterweighted by government-sponsored exploitation of NJ, and now with the upcoming 2020 Olympics, there’s plenty more dirty work out there.

And after all this, 2016 offered one big bright spot:

1 Hate speech law gets passed — and enforced

Japan’s first law protecting “foreigners” from group denigration in public was passed nationwide in May. JBC (Feb. 1) heralded it as a step in the right direction. Critics quickly pointed out its shortcomings: It doesn’t actually ban hate speech, or have penalties for violators, and it only covers people of overseas origin “who live legally in Japan” (meaning “foreigners,” but not all of them). Plus it skirts the issue of racial discrimination, natch.

However, it has had important effects. The law offered a working definition of hate speech and silenced people claiming the “Western construct” of hate speech didn’t exist in Japan. It also gave Japan’s bureaucrats the power to curtail haters. The Mainichi Shimbun reported that this year’s xenophobic rallies, once daily on average somewhere in Japan, had decreased. Rallies also reportedly softened their hateful invective. Since Japan’s outdoor public gatherings need police and community approval (ZG March 4, 2003), even an official frown on hatred can be powerful.

Official frowning spread. The National Police Agency advised prefectural police departments to respond to hate speech demos. A court banned a rally in a Korean area of Kawasaki for “illegal actions that infringe upon the personal rights for leading a personal life.” Another court ordered hate group Zaitokukai to compensate a Zainichi Korean for public slurs against her. Both judges cited the United Nations Convention on Racial Discrimination, which has been ignored in lawsuits against “Japanese only” establishments.

These are remarkable new outcomes in a society loath to call “No Foreigners Allowed” signs discriminatory, let alone order police to take them down. Progress to build upon.

Bubbling under the top 10

11 Population of registered NJ residents reaches record 2.23 million despite significant decreases in recent years.

12 “Special economic zones” expand to the aging agriculture sector, and want “skilled foreigners” with college degrees and Japanese-language ability to till fields on three-year visas. Seriously.

13 The Nankai Line train conductor who apologized to passengers for “too many foreigners” on an airport-bound train is officially reprimanded, not ignored.

14 Osaka sushi restaurant Ichibazushi, which was bullying foreign customers by deliberately adding too much wasabi, is forced by social media to publicly apologize.

15 Debito.org’s archive of human rights issues in Japan celebrates its 20th Anniversary.

——————–
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Kyodo: Japan enacts law to prevent abuse of foreign “Trainees”. Unclear how it’ll be enforced.

mytest

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Hi Blog. Here’s a little something that may or may not matter in future. As the Abe Administration seeks to expand the NJ “Trainee” sweatshop and slave-labor program out of the construction, manufacturing, agriculture and fishery industries and into nursing (not to mention the “special economic zones” so that foreigners with college degrees and Japanese language ability will have the privilege of tilling land and weeding crops on Japanese farms; seriously), we finally have a law to prevent the widespread abuses of NJ not covered by labor laws.  Abuses so widespread, as the article says below, that “about 70 percent of some 5,200 companies and organizations that accepted trainees last year were found to have violated laws,” according to the GOJ.  That’s quite a stat.

Now will this law be enforced? Remains to be seen.  I’m not sure how this governmental “body to carry out on-site inspections at companies and organizations using the program and offer counseling services for participating workers” will work in practice.  We’ve already seen how ineffectual other human-rights organs for “counseling” (such as the Ministry of Justice’s Potemkin Bureau of Human Rights) are in Japan.  And there are all manner of institutionalized incentives (and decades of established practice) for people to turn blind eyes.  After all, the only ones being hurt by this slavery program are foreigners, and they can just go back home if they don’t like it.  (Except that they can’t.)  Debito.org will keep you posted on developments. Dr. ARUDOU, Debito

////////////////////////////////////////
Japan enacts law to prevent abuse of foreign trainees
KYODO/JAPAN TIMES
NOV 18, 2016
http://www.japantimes.co.jp/news/2016/11/18/national/japan-enacts-law-prevent-abuse-foreign-trainees/

In an effort to prevent human rights abuses in the workplace, a law was enacted Friday to improve supervision of companies that accept foreign workers under a government program.

The move comes after the government decided recently to include nursing care in the list of industries in which foreign trainees can work under the Technical Intern Training Program, following the related legislation’s passage through the Upper House.

The change is expected to lead to an increase in the number of foreigners working as nursing caregivers in Japan, where demand for such services is expected to grow as the population grays.

Japan introduced the training program for foreign nationals in 1993 with the aim of transferring skills to developing countries. It currently covers 74 job categories chiefly in construction, manufacturing, agriculture and fishery industries.

But the scheme has faced charges both within and outside Japan that it is a cover for importing cheap labor. There have been reports of harsh working conditions, including illegally long work hours and nonpayment of wages.

To tackle such illicit handling of foreign trainees, Japan will establish a body to carry out on-site inspections at companies and organizations using the program and offer counseling services for participating workers.

Since August, the Justice Ministry has instructed more than 200 mediator groups to stop using phrases such as “securing labor” in their advertisements calling on companies to accept foreign trainees. The government says the mediator groups bear the task of making sure the firms are accepting the trainees to transfer technical skills and make international contributions.

According to the Health, Labor and Welfare Ministry, about 70 percent of some 5,200 companies and organizations that accepted trainees last year were found to have violated laws, with offenses including having trainees work illegally long hours.

A 26-year-old Vietnamese man who is trained for machinery use in Gifu Prefecture said some of his friends left companies after suffering violence from Japanese employees.

Under the new law, penalties will be imposed to ban employers from confiscating foreign trainees’ passports against their will and restricting their movements.

Companies that are judged as treating foreign trainees fairly will be allowed to have them work for up to five years, instead of the currently allowed three-year maximum.

When nursing care services are encompassed by the training program, it will be the first time that foreign trainees will be engaged in offering services directly to other people.

The government is planning to require the trainees to have a certain level of Japanese language skills to prevent communication problems when dealing with co-workers and people in their care.
ENDS

==============================
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JT: The flip side of coveted public-sector jobs in Japan: fewer rights, by being excepted from labor laws

mytest

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Hi Blog.  Once again, the JT comes out with an insightful article about the difference between appearance and reality, especially in Japan’s labor market.  Okunuki Hifumi tells us about how Japan’s most-coveted job — civil servant (!) — actually comes with at a price of fewer rights under Japan’s labor laws.  Depending on your status, bureaucrats lack the right to strike, collectively bargain, or unionize (not to mention, as it wasn’t in this article, engage in “political activities”).  And that can severely weaken their ability to fight back when labor abuses occur (see in particular footnote 6) or, as schoolteachers, to educate students about politics.  Read on.  Dr. ARUDOU, Debito.

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

(Photo Caption) Pop quiz: Which of these types of government worker has the right to strike — tax inspectors, schoolteachers, firefighters or public health workers? Answer: None of the above, thanks to an Occupation-era law designed to tamp down the influence of communism. | KYODO PHOTO

The flip side of coveted public-sector jobs in Japan: fewer rights
BY HIFUMI OKUNUKI, SPECIAL TO THE JAPAN TIMES, AUG 21, 2016
http://www.japantimes.co.jp/community/2016/08/21/issues/flip-side-coveted-public-sector-jobs-japan-less-rights/

I research labor law and teach it to university students. In the first class, I break up the two groups of labor laws — those related to individual and collective labor relations — for my students. Individual labor relations law begins and ends with the 1947 Labor Standards Act (rōdō kijun hō); its collective counterpart is surely the 1950 Trade Union Act (rōdō kumiai hō).

About 99.9 percent of my 18-20-year-olds look blank the first time they hear the word “rōdō kumiai,” or labor union. Some of them have arubaito (part-time jobs) and thus already have become rōdōsha (workers) protected by labor laws, but they have not heard of labor unions and have no idea what such a creature looks like. I have my work cut out trying to explain to them the concepts of labor unions, collective bargaining and striking.

A popular professional aspiration among university students today is to join the ranks of kōmuin, or government employees. Civil servants have stable employment, meaning they don’t have to worry about the possibility of being laid off. Their work hours and days off are usually quite favorable compared with those at private-sector firms. (At least that is what is said — that is the reputation. The reality is not so straightforward.)

Once, the hot jobs were high-income positions with finance firms or trading houses, but today’s youth are more sober, preferring a steady, grounded career path. A 2015 poll by Adecco Group asked children between 6 and 15 years old in seven Asian countries and regions what they wanted to be when they grow up. Children in Japan answered in the following order of popularity: 1) company worker; 2) soccer player; 3) civil servant; 4) baseball player. Note the perhaps unexpected answers ranking 1) and 3). “Government employee” made the top 10 only in Japan. […]

Amazingly, each type of civil servant has different labor rights in Japan. I ordinarily teach labor law that protects private-sector employees, so when I tell my students that the labor laws for civil servants differ by type of job, they express shock, particularly when they find out that civil servants have fewer rights than other workers…

Read the rest of the article at http://www.japantimes.co.jp/community/2016/08/21/issues/flip-side-coveted-public-sector-jobs-japan-less-rights/

============================
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Japan Times: “Five-year rule” triggers “Tohoku college massacre” of jobs; harbinger of a larger looming purge, sez Debito.org

mytest

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Hi Blog. Debito.org has talked at length about the “Great Gaijin Massacre of 1992-4,” where National and Public Universities decided to terminate en masse (at the urging of the Ministry of Education) their foreign faculty who were over 35 years old 1) as a cost-cutting measure, and 2) because they could — since most NJ were on contract employment (meaning one could be “fired” through a simple contract non-renewal), while full-time J faculty were almost always employed on permanent non-contracted tenure from day one. “Academic Apartheid” is what respected scholars such as Ivan Hall called it. And conditions have not really gotten better, as (again through government design) more full-time Japanese faculty are being put on contract employment themselves, while far fewer full-time NJ are being granted permanent tenure.

Now we have a new looming massacre. The labor laws changed again in 2013 to require employers to stop keeping people on perpetual renewable contract status. After five years of employment, employers must switch them to permanent noncontracted status. Well, the five-year mark is April 1, 2018, meaning there is an incentive for employers to fire people before they hit a half-decade of employment. Debito.org said before that that would happen, and there were some doubters. But here’s the first published evidence of that happening, at Tohoku University, courtesy of our labor law expert at the Japan Times.  After all these years of service, even less job security awaits. Dr. ARUDOU, Debito

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

‘Five-year rule’ triggers ‘Tohoku college massacre’ of jobs
by Hifumi Okunuki
The Japan Times, Nov 27, 2016
http://www.japantimes.co.jp/community/2016/11/27/issues/five-year-rule-triggers-tohoku-college-massacre-jobs/

I have discussed the “five-year rule” several times before in this column — the revision of the Labor Contract Law (Rodo Keiyaku Ho) enacted in 2013. Under the amendment, any worker employed on serial fixed-term contracts (yūki koyō) for more than five years can give themselves permanent status. See my earlier stories for more details, particularly my March 2013 column, “Labor law reform raises rather than relieves workers’ worries.”

The amendment was supposed to give workers more job security. Or at least that is what lawmakers claimed the purpose was. From the start I had my doubts — doubts that are now being borne out.

The fact is, employers are using the amendment as an excuse to fire their workers or change their working conditions before April 2018. When the law was enacted, it was not grandfathered to entitle those who had already worked more than five years. That meant the clock started on April Fools’ Day, 2013, and that the first time it will be possible to use this purported job-security measure will be April 1, 2018.

After enactment, some employers put new hires on one-year contracts with a three-renewal limit, or a five-year maximum with no renewal possible afterwards. It seems obvious this was to avoid being restricted by the five-year rule, which is really a “more-than-five-year rule.” Other employers are planning to either change their employees’ working conditions or fire or nonrenew their employees over the coming year, 2017. Again, it seems obvious that their intention is to avoid the new law and thereby violate its job-security spirit.

And this month I’ll name names — or a name in this case. This month’s installment delves into the “Tohoku University massacre.” This prestigious, famous and respected college with a long history and tradition has revealed that it plans not to renew the fixed-term contracts of up to 3,200 employees when they next come up for renewal. This kind of move — effectively a mass firing — is rare in Japan, and the plan has already had a huge impact in education and labor-law circles.

Rest at http://www.japantimes.co.jp/community/2016/11/27/issues/five-year-rule-triggers-tohoku-college-massacre-jobs/

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

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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: Cultivating ‘Japan fans’ key to attracting repeat foreign visitors. Good luck with that without an anti racial discrimination law

mytest

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JK:  Hi Debito:  The GOJ wants foreign visitors spend a couple trillion yen the year the Olympics comes to town, so why not strike while the iron is hot and use this as leverage against xenophobic establishments by calling them out on their behavior (i.e. “there’s this shop down the way that excludes anyone foreign-looking — surely that reflects poorly on Japan and hurts the government’s numbers.”)?

Debito:  Agreed.  And that’s the big blind spot in this editorial.  It talks about the shortcomings of tourism policy focusing only on infrastructure and profit, but neglects to mention the issues of how a police force dedicated to racial profiling (especially at hotels), or how being refused service somewhere just because the proprietor has a “thing” about foreigners (and can get away with it because Japan has no law against racial discrimination), can really ruin a visit.  “Cultivating Japan fans” is one way of putting it, “stopping xenophobes” is another.  And that should be part of formal GOJ policy as well.  Dr. ARUDOU, Debito

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

Editorial: Cultivating ‘Japan fans’ key to attracting repeat foreign visitors
November 1, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20161101/p2a/00m/0na/016000c

In just 10 months, the number of foreign visitors to Japan has already smashed through the 20 million mark for the year, surpassing the previous annual record of about 19.74 million arrivals set in 2015.

The first time foreign visitors topped 10 million was in 2013. At the time, the government set a target of “20 million people by 2020,” but visitor numbers expanded far faster than expected. Now the government is shooting for 40 million in 2020, the year of the Tokyo Olympics and Paralympics.

The wave of people coming to see Japan is a welcome development on many fronts, especially as our country’s population ages and begins to decline, particularly in the countryside. There are, of course, direct and obvious economic benefits from so many visitors shopping, eating and filling Japan’s hotel rooms. However, the tourism boom has also made companies and regional communities more outward-looking in their thinking, and that’s deeply significant.

However, while 20 million visitors is nothing to sneeze at, it doesn’t come anywhere close to the world champion of foreign tourism, France, which attracted more than 80 million visitors in 2014. And France isn’t the only country beating Japan by a wide margin. To put it another way, Japan has a lot of tourism growth potential.

What’s important is to avoid viewing visitors to our shores as mere consumers.

The government has declared it wants to see foreign visitors drop 8 trillion yen in Japan in 2020. There’s nothing wrong with setting a numerical target in and of itself, but focusing solely on visitor spending could lead to a nasty trip-up.

This is, simply put, because conditions can change. A rising yen may make Japan a less attractive destination, while economic events abroad could also bring down visitor numbers. And those considering visiting Japan to shop for Japanese products may think twice if they find they can buy the same stuff online.

If a small town in regional Japan brought in a big-box retail outlet to attract foreign shoppers, it may see a short-term rise in visitors from abroad. However, most of the benefits might end up in the pockets of the retailer and the companies supplying it … and not the host community.

The conclusion that sparkly tourist-oriented facilities are needed to bring in visitors is wrong. There are attractions and ways to welcome foreign tourists that are close to hand and just waiting to be uncovered. Take farm stays, for example. Visitors don’t just stay the night and chow down on fresh produce; they help harvest it as well. Then there are tours of recycling centers that get visitors to think about how to tackle environmental issues. These sorts of “hands-on” experiences are likely to have a good chance of attracting more people back to Japan for repeat visits.

Also, while earthquakes are a major risk in Japan, disaster prevention can also become a resource for attracting visitors. For example, the Tokyo Fire Department has facilities called Life Safety Learning centers where visitors can feel what it’s like to be in an earthquake, among other hands-on activities. These centers have never been marketed outside Japan, and yet they are seeing more foreign visitors.

If Japan spends all its time chasing visitor numbers and tourist spending figures, it will eventually hit a wall. It should instead introduce people to the many faces of Japan, give them the chance to actually do things with Japanese people, and generally provide a diverse and substantive experience, looking to cultivate long-term “Japan fans.”

Original Japanese
訪日客2千万人 息の長いファン作りを
毎日新聞2016年11月1日 東京朝刊
http://mainichi.jp/articles/20161101/ddm/005/070/169000c

今年、日本を訪れた外国人旅行者が2000万人を突破した。昨年は1年間で過去最多となる1974万人を記録したが、今年は10カ月で2000万人に達した。

訪日外国人数が初めて1000万の大台に乗ったのは2013年のことだ。当時は「20年に2000万人」の達成を目指していた。外国人の日本訪問は予想以上の速さで増加し、政府は今や、「20年に4000万人」を目標としている。

国内の人口が減少に転じ、特に地方の過疎、高齢化が進む中、世界から人がやって来ることは多くの意味で歓迎できる。買い物や宿泊といった直接的な経済効果はもちろんだが、企業や地域社会が、外向きの思考へ意識転換するきっかけを得る意義は大きい。

ただ、2000万人を突破したとはいえ、世界には年間8000万人超(14年)のフランスを筆頭に、外国人客の受け入れ数で日本をしのぐ国が少なくない。まだまだ成長の潜在性があるということだ。

重要なのは、訪日客を単に外から来る消費者と見ないことだろう。

政府は20年に訪日客の消費額を8兆円とする目標を掲げる。目標設定自体、悪いことではないが、消費額ばかりにこだわると足をすくわれかねない。

訪日に不利な円高や、海外の経済情勢の悪化などに左右される恐れがあるからだ。さらに、インターネットなどで簡単に日本製品が買えるようになれば、「わざわざ日本まで行かなくても」となるかもしれない。

例えば地方の町が外国人客を増やそうと量販店を誘致したとする。一時的な集客効果があるかもしれないが、恩恵を受けるのは主に量販店やそこで売られる製品の企業であって、地元の経済では必ずしもない。

では、観光の目玉となる施設が不可欠かというと、それも違う。魅力や招致の手法は案外身近に埋もれているものである。

農家に泊まって、土地の食を味わうだけでなく収穫など農作業を体験する企画や、ごみのリサイクル施設を訪れ環境問題を考えるツアーなど、体験型の観光は、今後リピーターの訪日客を増やすうえで可能性がありそうだ。

地震は日本にとってリスクでも、防災は観光資源に変わり得る。地震の揺れなどを体験できる東京消防庁の災害教育施設には、海外向けの宣伝をしているわけでもないのに、外国人の来館が増えている。

数字を追うばかりでは無理が来る。世界の人々が日本のさまざまな顔を発見したり、日本人と共に何かを体験したりするような多様な品ぞろえで、息の長いファン作りにチャレンジしたい。

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

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AFP: Justice Ministry to conduct first major survey on racism in Japan. Bravo.

mytest

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Hi Blog. Interesting development here. Given that most surveys on foreigners and government policy on foreigners don’t ask foreign residents for their input (this is a society that even excludes foreign residents from official population tallies; see here and here), this is a positive development. If any Debito.org Readers get this survey, please scan it before you fill it out and send it to debito@debito.org, and let’s see how the survey has been written up. Too many questions posed by the GOJ re foreigners slant them to produce negative outcomesincluding even questioning that racism exists. It’d be nice (not to mention more scientific) if that didn’t happen this time. Dr. ARUDOU, Debito

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Justice Ministry to conduct first major survey on racism in Japan
AFP-JIJI/Japan Times OCT 30, 2016
Courtesy of OK
http://www.japantimes.co.jp/news/2016/10/30/national/social-issues/justice-ministry-conduct-first-major-survey-racism-japan/

The Justice Ministry will conduct its first large-scale survey on racism in Japan as discrimination becomes a growing social concern, a report said Sunday.

The survey will cover 18,500 foreign residents 18 or older, the Asahi Shimbun newspaper said, adding that the results will be released by the end of March and reflected in new policies.

The poll will be conducted in 13 languages ranging from Japanese and English to Chinese, Korean, Vietnamese and Portuguese, the vernacular daily said.

The questions will ask whether respondents have experienced or seen racial discrimination in daily life or in the workplace, and what action they want the government to take to eliminate it, the report said.

The number of foreign residents has grown in recent years, but their ratio to the total population still stands at less than 2 percent, according to ministry data.

No comment on the report was available from the ministry Sunday.

Incidents of hate speech directed against specific ethnic groups on the streets or online have broken out in recent years. Most are directed at ethnic Koreans who ended up in Japan when the Korean Peninsula was under Japanese colonial rule between 1910 and 1945, and their offspring.

In a rare court ruling against racial discrimination, a vocal anti-Korean group was ordered in 2013 to stop its hate speech campaign against a Pyongyang-linked school and pay some ¥12 million in damages.

The Diet in June brought in legislation promoting efforts to eliminate discriminatory speech and behavior against non-Japanese people.
ENDS

========================
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My Japan Times JBC column 102, Oct 31, 2016: “U.S. and Japan elections: Scary in their own ways “

mytest

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JUST BE CAUSE
justbecauseicon.jpg

U.S. and Japan elections: scary in their own ways
Subtitle:  American political campaigns can be frighteningly tribal while fear of the foreign permeates polls here
By Dr. ARUDOU, Debito, October 31, 2016
Column 102 for the Japan Times Community Page

Happy Halloween. Let’s talk about something really scary: elections in the United States and Japan.

I say scary because these countries are the No. 1 and No. 3 largest economies in the world, not to mention representative democracies considered too big to fail. Yet the way things are going is truly frightening.

Let start with election campaigns in the U.S., since they are probably very familiar and fresh to readers:

The U.S.: two tribes go to war […]

Read the rest in The Japan Times at http://www.japantimes.co.jp/community/2016/10/30/issues/u-s-japan-elections-scary-ways/

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

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

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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

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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

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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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Scholar Tessa Morris-Suzuki reviews book “Embedded Racism” in journal Japanese Studies, calls it “important, courageous and challenging”

mytest

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Japanese Studies
ISSN: 1037-1397 (Print) 1469-9338 (Online)

Journal homepage: http://www.tandfonline.com/loi/cjst20

BOOK REVIEW
Debito Arudou, Embedded Racism: Japan’s Visible Minorities and Racial Discrimination
By Tessa Morris-Suzuki.  Reproduced with kind permission of the author.
To cite this article: Tessa Morris-Suzuki (2016) Debito Arudou, Embedded Racism:
Japan’s Visible Minorities and Racial Discrimination, Japanese Studies, 36:2, 277-279,

DOI:10.1080/10371397.2016.1224446
To link to this article: http://dx.doi.org/10.1080/10371397.2016.1224446
Published online: 04 Oct 2016.

Embedded Racism: Japan’s Visible Minorities and Racial Discrimination

Debito Arudou, Lanham, MD: Lexington Books, 2015, xxvi, 323 pp. + notes, bibliography, index, ISBN 978-1-4985-1390-6 https://rowman.com/ISBN/9781498513913

Japan is somewhat usual amongst developed countries in not having a law prohibiting racial discrimination. The postwar constitution states that ‘all of the people are equal under the law’, but, as Debito Arudou points out in this book, in the Japanese-language version of the text, ‘people’ is rendered as kokumin (nationals), thus excluding foreign residents. It is also true that in May 2016 the Japanese parliament passed a ‘Law on Measures against Hate Speech’ (Hētosupīchi Taisaku Hō) to combat the inflammatory expressions of hostility towards ethnic minorities: a hostility which has become an all-too-familiar feature of far right political discourse in recent years. But this law makes no provision for legal sanctions against perpetrators of ‘hate speech’, instead merely encouraging educational measures by the government and other public bodies; and since the law focuses on overt expressions of ‘hate’, it will presumably be powerless to discourage quieter forms of discrimination, such as the continuing practice by some landlords of refusing to rent properties to foreigners.

Embedded Racism confronts these ongoing issues of racial prejudice in Japanese society, focusing particularly on discrimination against people assumed to be foreign because they are visibly different from the standard phenotypical image of ‘Japanese’. The author, a naturalised Japanese citizen of American origin, has been engaged for years in campaigns to combat these forms of discrimination, and draws on his experience as a campaigner and as a long-term resident in Japan to create a persuasive and alarming dossier on the widespread existence of racial discrimination in Japanese society. A central issue which recurs throughout the book is the deep-seated assumption that race, ethnicity and nationality must coincide, and therefore that those who do not ‘look Japanese’ must therefore be foreign nationals. Particularly telling anecdotes include an instance where the author and one of his children (who is of relatively ‘Caucasian’ appearance) were refused entry to a hot spring bath while his wife and another child (who happens to be of more ‘Japanese’ appearance) were accepted, despite all being equally Japanese citizens.

This book, though, is more than a narrative of instances of discrimination and campaigns for redress. The author also seeks to explore the roots of the problem, which he locates in the legal apparatus of nationality, the workings of the court system, the lack of serious official mechanisms to combat discrimination, and stereotypes perpetuated by the mass media. Like other scholars of discrimination in Japanese society, Arudou identifies key problems as arising from Japan’s ius sanguinis (bloodline) nationality laws, which bestow Japanese nationality only on those descended from Japanese citizens. He also highlights the impact of the koseki (family registration) system, which relegates foreigners who marry into Japanese families to a marginal and subordinate status. These problems were compounded by the jūminhyō (resident registration) system, which excluded foreigners and rendered them statistically invisible, and by the alien registration system, under which foreign residents in Japan are required to carry their registration cards at all times and show them to the police on request. As Arudou notes, important changes to these systems were introduced in 2012, with foreigners being incorporated into the jūminhyō system, and visa and registration processes being overhauled. Yet these reforms have gone only a small way towards addressing the complex systems of exclusion affecting members of Japan’s ‘visible minorities’, while rising fears of crime and terrorism have if anything increased official scrutiny and suspicion of foreign residents and border-crossers.

Particularly powerful sections of the book detail the way in which racial profiling by the police, embodied in repeated reports on the problems of ‘foreigner crime’, have helped to embed exclusionary attitudes in Japanese society. Such reports, which often convey a misleading impression of trends in crime rates and of the proportion of offences committed by ‘foreigners’, feed into sensationalised media headlines and into the rhetoric of far right politicians. Though victims of discrimination theoretically have avenues of redress both through the courts and through the Ministry of Justice’s Bureau of Human Rights (BOHR), Arudou argues persuasively that neither has proved an effective source of protection for the rights of visible minorities. The courts have a very mixed record of upholding claims for equal treatment, while the BOHR has only very limited advisory powers, and often seems extremely cautious in exercising such powers as it does possess.

The picture is not wholly negative. Arudou notes the good work performed by Japanese NGOs and legal networks, and by some trade unions and local governments, which have made efforts to reduce barriers to the inclusion of foreign residents and have worked to combat prejudice and discrimination. All the same, he concludes that Japan remains a complex patchwork of overlapping categories of exclusion, where formal nationality and visible difference combine to create multiple dimensions of embedded racism.

This book is an important addition to the literature on problems of citizenship and minorities in Japan, particularly because it highlights the distinctive problems of visible minorities, rather than focusing on the large ‘invisible minorities’ (Zainichi Koreans and Chinese, etc.) who have been the subject of much existing research; but this focus does open up some problems which could be explored further. A particularly complex set of issues surround the marginalisation of Ainu and Okinawans – indigenous minority groups who exist on the borderline between visibility and invisibility. Most Ainu and Okinawans are not identifiable as ‘different’ in terms of physical appearance, and yet stereotypical images of the physical difference of these groups survive and sometimes play into the language of prejudice and the practice of discrimination. Although these issues are alluded to in Embedded Racism, they are not drawn out in any detail. Further discussion of the problem of these invisible/visible indigenous minorities might help give further depth to the notion of ‘visibility’: a phenomenon which is constantly created and re-created, not just by external realities, but also by images in the eye of the beholder.

Another area where there is scope for further discussion is the relationship between Japan’s embedded racism and that of other countries. As Arudou points out, for example, Japan’s former colonies Korea and Taiwan have inherited family registration and nationality systems that in part resemble Japan’s (though with some significant variations). Korea too, like Japan, has long-cherished myths of ethnic homogeneity. How are countries like South Korea and Taiwan dealing with the challenges of dis-embedding racism from their twenty-first century societies? Answers to this question might help to clarify the peculiarities of the problems faced by Japan, and open up ways for East Asian countries to share proposals for undoing the legal and conceptual barriers to the creation of more ethnically and racially inclusive societies.

In the final sections of Embedded Racism, the author looks to the future, without great optimism, but with some clear and cogent suggestions for steps that the Japanese government should take if it truly wishes to make Japan a more open society. These include passing strong and effective laws against discrimination, strengthening the powers of the Bureau of Human Rights, reforming the citizenship and family registration systems, and legalising dual nationality. Arudou also argues for the involvement of non-citizens in the processes of creating new policies affecting foreign residents. He expresses little confidence that the Japanese authorities will respond to such ideas, but his critique of Japan’s embedded racism and his proposals for change certainly deserve to be read by policy makers, as well as by scholars of Japan. This is an important, courageous and challenging book, and it casts a sharp light on problems which are often ignored or veiled, but which have profound consequences for the present and future of Japanese society.

Tessa Morris-Suzuki
Australian National University
© 2016 Tessa Morris-Suzuki, reproduced with permission of the author
http://dx.doi.org/10.1080/10371397.2016.1224446

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

Embedded Racism” has been discounted 30% for a limited time to $34.99 in paperback and Kindle if bought through publisher Lexington Books/Rowman & Littlefield directly.

Go to https://rowman.com/ISBN/9781498513906/Embedded-Racism-Japan’s-Visible-Minorities-and-Racial-Discrimination and use promo code LEX30AUTH16.

More information and reviews on the book at http://www.debito.org/embeddedracism.html.

Download a book flyer and order form at http://www.debito.org/EmbeddedRacismPaperbackflyer.pdf

Nearly 100 of the world’s major research libraries (including Harvard, Princeton, Yale, Stanford, Cornell, Columbia…) have made “Embedded Racism” part of their collections (according to WorldCat).

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

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

mytest

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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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My Japan Times JBC column 101: “US and Japan votes: The Good, the Bad, and the Ugly” (Oct 3, 2016)

mytest

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JUST BE CAUSE
justbecauseicon.jpg

US and Japan votes: The Good, the Bad, and the Ugly
By Dr. ARUDOU, Debito. The Japan Times, Just Be Cause column 101
To be published Oct 3, 2016

I love elections. Anywhere. It’s fascinating to see how politicians craft public appeals. No matter how flawed the process, it’s how nation-states recharge their legitimacy and publicly reaffirm their mandate to govern.

During this season of the world’s most-watched presidential campaign, JBC will assess “the good, the bad, and the ugly” of how the United States and Japan run their elections. […] I want to talk about the expression of political culture and momentum that has grown from generations of campaigning, and how it brings out the “good” (things that are healthy for a representative democracy), the “bad” (things that aren’t), and the “ugly” (the just plain ludicrous)…

Read the rest in the Japan Times at http://www.japantimes.co.jp/community/2016/10/02/issues/comparing-elections-u-s-japan-good-bad-ugly/

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

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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

Deep in Japan Podcast, Debito Interview Pt. 3 of 3 on book “Embedded Racism” and issues of racial discrimination etc. 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.  Jeff Krueger’s Deep in Japan Podcast features the last interview of three (the first is here, the second here) with me about the issues of racism and discrimination in Japan, covered in book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination“.

Available at iTunes and Soundcloud: https://soundcloud.com/deep-in-japan/dr-debito-iii-racism-and-discrimination-in-japan

Do you like what you read on Debito.org?  Want to help keep the archive active and support Debito.org’s activities?  We are celebrating Debito.org’s 20th Anniversary in 2016, so please consider donating a little something.  More details here.

Deep in Japan Podcast, Debito Interview Pt. 2 on book “Embedded Racism” and issues of racial discrimination etc. 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.  Jeff Krueger’s insightful Deep in Japan Podcast features the second interview of three (the first is here) with me about the issues of racism and discrimination in Japan, covered in book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination

Available at iTunes and Soundcloud:  https://soundcloud.com/deep-in-japan/debito-13-embedded-racism

JT: Democratic Party Leader Renho and the “pure blood” mythos (covered in detail in book “Embedded Racism”)

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. Phil Brasor at the Japan Times offers us an excellent article on the recent politician Murata Renho flap, as people make an issue of her apparent dual nationality (Japan and Taiwan) and question her loyalties simply because of her apparent “mixed blood” (as if the bloodlines were ever that distinct in the first place in Asia).  No matter.  She still got elected head of the main opposition Democratic Party.  May she put some zing into Japan’s lackluster left-wing.

Some gems from the article that are of note to Debito.org:

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

“The government itself estimates there are 680,000 Japanese with dual nationality.” […]

“It’s no coincidence that Renho’s detractors are the same people who are against allowing a female emperor. “Pure blood” ideology is at the root of Yawata’s philosophy — the “scoop” about Renho’s dual nationality was merely a delivery device. The law means nothing to them because their faith is invested in an occult mythos about the unbroken Imperial line. [Journalist] Kosugi Misuzu insists these beliefs amount to “racism,” since they limit the rights of some people born and raised in Japan due to genetics. Asahi reported on July 6, 2014 — well before the Renho controversy — that the pure blood faction wants to kick out permanent Korean residents as well as anyone with dual citizenship by making all Japanese sign a loyalty oath. They are not just rightists, said the paper, they are “anachronisms.”

“[Former bureaucrat] Yawata Kazuro says Renho can’t be trusted because she doesn’t use her Japanese married name and gave her children names that “sound Chinese.” These value judgments should mean nothing in a democracy. Zakzak, another Sankei organ, adds to the din by saying that Japanese people do not like the idea of someone with dual citizenship “rising to the top.” What about best-selling Japanese-American singer Hikaru Utada and all those bicultural athletes at the Rio Olympics? For that matter, what about former Peruvian president Alberto Fujimori, who was allowed to settle here and escape prosecution in his native country by asserting his Japanese nationality?”

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

All of these issues, particularly the “pure blood” conceit, have been brought up passim in book “Embedded Racism:  Visible Minorities and Racial Discrimination in Japan“.  Renho herself features prominently in the book (Chapter Seven), given that Japan’s racist politicians have questioned her loyalty many times before — for example when she was a Cabinet member in the previous DPJ government — simply because she’s to them a mudblood.  And they can get away with it because the “pure blood” narrative is so strong.

Please read the full article at http://www.japantimes.co.jp/news/2016/09/17/national/media-national/renho-pure-blood-mythos/. Courtesy of JDG. Dr. ARUDOU, Debito

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

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Nikkei: Japan begins clearing path for foreign workers. Really? Let’s analyze the proposals.

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.  The Economist (London) recently has had a couple of articles on immigration to and even naturalization into Japan (here and here), so it looks like PM Abe’s alleged pushes to liberalize Japan’s NJ labor market (despite these other countering trends herehere, here, herehereherehere, and here) are gaining traction in the overseas media.  Let’s take a representative sample of the narrative being spun by the Japanese media for overseas consumption (in this case the Nikkei, Japan’s WSJ, which recently published an incorrect article about NJ issues and refused to acknowledge its mistake), and see how it holds up to scrutiny.  Original article text in bold italic, my comments interspliced in this regular text:

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

Japan begins clearing path for foreign workers

Nikkei Asian Review, August 11, 2016, Courtesy of JK
http://asia.nikkei.com/Politics-Economy/Policy-Politics/Japan-begins-clearing-path-for-foreign-workers

TOKYO — The Japanese government is set to take steps to smooth the way for foreigners to enter and thrive in the domestic labor market, with the reforms targeting hospitalization, taxes and residency requirements.

The economic growth strategy devised by the central government in June highlights the need to aggressively attract foreign talent. The Ministry of Economy, Trade and Industry and others are hearing opinions from companies worldwide regarding bringing information technology specialists into Japan.

COMMENT:  This focus on “foreign talent” is basically policy wonk speak for “we’re not importing unskilled labor”.  Even though we are.  And have been doing so through a government-sponsored NJ slave labor program (this is not an exaggeration) for more than a quarter century.  And if we talk about this push for “specialists”, they’ve already tried that with the “Points System” visa regime, and, as we predicted, it failed miserably.  Understandably.  Read on to see why it’s going to fail again.

The trade ministry aims to amend related legislation and tax rules during the regular Diet session in 2017.

English-friendly hospitals

The Ministry of Health, Labor and Welfare seeks to allay concerns among foreigners living in Japan about going to hospitals. Only about 20 hospitals nationwide are equipped to handle emergency cases involving foreigners. The goal is to double that number by March and raise it to 100 before the 2020 Olympics in Tokyo.

COMMENT:  Nice, but up to 100 in four years?  That’s helpful for the tourists coming for the Olympics, but that’s not exactly a huge help for NJ who actually live in Japan, moreover outside of the Kantou conurb (where I anticipate the majority of these hospitals will be situated).  Moreover, 100 hospitals in a country where there are apparently, as of 1990, “8,700 general hospitals, and 1,000 comprehensive hospitals with a total capacity of 1.5 million beds” is minuscule (a little over one percent) and presumably not well spread out.

Given that the problem is not a matter of providing medical treatment in English (if a patient is, for example, unconscious or unresponsive, language is not an issue) but rather hospitals actually ACCEPTING or TREATING NJ patients (a big problem for Japanese patients too), merely ameliorating a language barrier (assuming all NJ speak English, too) is more of a salve than an actual cure of the larger problem.

The government will help cover costs arising from hiring interpreters and offering documents in English. Multilingual versions of questionnaires and hospital signs cost an average of 3 million yen ($29,619), according to estimates, and the government generally will pay half the expense. For medical interpreters and similar services, the state will subsidize a hospital to the tune of roughly 9 million yen.

COMMENT:  Nice, but obviously porkbarrel.

Officials also seek to help foreigners on the tax front. If a foreign worker dies in Japan due to unforeseen circumstances such as an accident, the inheritance tax applies to assets held in all jurisdictions. This discourages foreign talent with sizable assets from taking management positions in Japanese companies. Many are urging reform, and METI intends to coordinate with the Finance Ministry and ruling parties to apply the inheritance tax only to Japanese assets starting in fiscal 2017.

COMMENT:  Yes, that is, if you die and leave Japanese assets valued at more than US $88,000 (and there are ways of getting around this too — gifting it to your kin before you die, for example).  Clearly this is a concession the rich expats hanging around Roppongi Hills have lobbied for.  I doubt that this will affect most NJ residents (and not least the “foreign talent taking management positions in Japanese companies”, wherever they apparently are).

And (microaggression alert:) I love how NJ die of “accidents”, not of old age in Japan.  Because implicitly they are temporary and don’t live in Japan forever, right?  Nice, Nikkei.

Talent search

The government looks to ease residency requirements for guest workers. The Justice Ministry will recognize certified foreign care workers as specialists worthy of the corresponding visa status.

Japan currently admits care workers through economic partnership agreements, but those are limited to countries such as Indonesia and the Philippines. The number of guest workers is expected to increase by allowing care givers who learn Japanese or professional skill sets at educational institutions to work in Japan. Necessary legislation is to be enacted during the extraordinary Diet session this fall, with the measures taking effect next fiscal year.

COMMENT:  Yep, they tried that too before.  Until the Indonesians and Filipinas realized they were being exploited by a revolving-door visa system that deliberately set the bar too high for passing, and decided to pass on Japan altogether. So Japan’s policymakers are moving on to the next exploitable societies:  Cambodia and Vietnam.  Which, note, are also not kanji-literate societies; if the GOJ really wanted to get people to pass the nurse literacy test (full of medical kanji), they would get nurses from China or Chinese-diaspora countries.  The fact that they won’t speaks volumes about their true policy intentions.  As does the next paragraph:

The government also seeks quick passage of legislation to add the care worker category to Japan’s Technical Intern Training Program, which provides support to developing nations.

COMMENT:  Meaning they’re going to bring them in too as “Trainee” slaves exempt from Japan’s labor laws.

Researchers and other highly skilled foreign professionals likely will find it easier to obtain permanent resident status. Currently, a foreign national needs to reside in Japan for five years before gaining that status. Government agencies are debating lowering the bar to less than three years, with a decision expected this year at the earliest. South Korea allows those with PhDs in high-tech fields to apply for permanent residency after a one-year stay.

Japan also aims to cut red tape surrounding investment and establishing new enterprises in order to help foreign corporations do business. Surveys examining barriers to foreign businesses and professionals have begun, and they will inform initial reforms to be decided by year’s end at the soonest. (Nikkei)

COMMENT:  These are proposals are still in the embryonic stage.  When that actually happens, that will be news and we’ll talk about it then.  Reporting on it now is still policy trial-ballooning on the Nikkei’s part.

FINAL COMMENT:  There is nothing here that constitutes actual immigration, i.e., bringing in people and making them into Japanese citizens with equal protection guaranteed under the law.  Until that happens, there is no discussion here worthy of headlining this as a “cleared path” for foreign workers.  It’s merely more of the same exploitation of imported laborers in a weakened position by government design.  Dr. ARUDOU, Debito

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

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Japan Center for Michigan Universities: Report and video interview of Muslim Lawyer Hayashi Junko on issues faced by Muslims in Japan (surveillance by police, including of Japanese kith and kin)

mytest

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JCMU Resident Director Benjamin McCracken says:

Dear Debito, Thank you so much for your promotion of this lecture a few weeks back. We had some people come all the way from Tokyo to see it. Amazing! This is a link to an interview I did with Junko before her lecture. We focused on her recent court case finding no constitutional violation for the surveillance of Muslims in Japan. Scary stuff indeed. https://jcmuofficialblog.com/2016/08/08/issues-faced-by-muslims-in-japan/
Please feel free to post the link to Debito.org along with any of the commentary from article on the blog.

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

Excerpt: On July 23, 2016 the Japan Center for Michigan Universities (JCMU) in Hikone welcomed 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, Mrs. Hayashi represented Japanese Muslims that were being observed by the Japanese government for no reason other than the fact that they were Muslims. Their surveillance came to light after information gathered by police was accidentally leaked to the public on the internet. Despite this, Japanese courts ruled that there was no constitutional violation and that the threat of international terrorism outweighed any right to privacy held by the plaintiffs. […]

In the interview, Mrs. Hayashi lamented that “all Muslims are equal to criminal suspects” in Japan. She noted that because of prejudice against practitioners of Islam, she and the rest of the Japanese Muslim community are denied personal and privacy rights enjoyed by most other citizens. “Their rights are violated and they can’t do anything about it,” Mrs. Hayashi explained. The stereotypes of Muslims have little factual support, as no acts of terrorism have been carried out by Muslims in Japan to Mrs. Hayashi’s knowledge. To redress this discrimination and support those affected by the government’s continued surveillance, she hopes to start a human rights organization.

Rest at https://jcmuofficialblog.com/2016/08/08/issues-faced-by-muslims-in-japan/

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

COMMENT: And from this, it’s but a few steps until approving surveillance of Non-Japanese residents as “criminal suspects“. And from that their kith and kin. Japan’s Police State is returning. Dr. ARUDOU, Debito

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

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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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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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Asahi: Japan’s Supreme Court approves police surveillance of Muslim residents due to their religion: Next up, surveilling NJ residents due to their extranationality?

mytest

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Hi Blog. Article first, then comment:

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

It’s OK to snoop on Muslims on basis of religion, rules top court
By RYO TAKANO/ Staff Writer
The Asahi Shinbun, August 2, 2016, courtesy of RD
http://www.asahi.com/ajw/articles/AJ201608020076.html

Muslims can still be monitored in Japan solely based on their religion, while in the United States courts are cracking down on granting such approval.

An appeal by 17 Muslim plaintiffs accusing police of snooping on them was dismissed by the Japanese Supreme Court in late May, which upheld lower court decisions.

The plaintiffs argued that “carrying out surveillance of us on grounds of our religion amounts to discrimination and is a violation of the Constitution” in the lawsuit filed against the Tokyo metropolitan and the central government.

Tokyo’s Metropolitan Police Department had been keeping close tabs on Muslims solely because of their religion, reasoning it was pre-empting possible terrorism.

The tide changed in the United States after the leak in 2013 of global surveillance programs and classified information from the National Security Agency by U.S. computer expert Edward Snowden, said Ben Wizner, attorney at the American Civil Liberties Union.

Snowden, a former CIA employee, revealed that U.S. intelligence agencies had secretly collected personal information and communications from the Internet.

The leak revealed the extent of clandestine surveillance on the public by the government for the first time.

The recent Japanese case came to light in 2010 after 114 articles from internal MPD documents containing personal information on Muslim residents in Japan were leaked online. Data included names, photos, addresses, employers and friends.

The leaked data showed that the documents were compiled in a style of a resume on each individual, along with a record of tailing them.

Compensation of 90 million yen ($874,000) was awarded to the plaintiffs by the Tokyo District Court and the Tokyo High Court, which ruled there was a “flaw in information management.”

However, the plaintiffs appealed because the courts stated “surveillance of Muslims” was “unavoidable” in order to uncover terror plots.

The top court sided with lower court rulings, declaring the surveillance was not unconstitutional. A Moroccan man, one of the 17, said he was upset by the Supreme Court’s ruling.

“I am disappointed with the Japanese judiciary,” said the man in his 40s.

He said he was terrified by the sarin gas attack of 1995 on the Tokyo subway system, which he himself experienced. The attack left 13 people dead and thousands injured.

“Has there been a terror attack by Muslims in Japan?” he said. “Surveillance is a breach of human rights.”

After the 9/11 attacks in the United States in 2001, investigative authorities heightened their surveillance of Muslim communities.

But recent U.S. court rulings have seen the judiciary move against the trend.

Two lawsuits were filed in the state of New York and New Jersey after The Associated Press news agency in 2011 reported on the wide-ranging surveillance of Muslim communities in the two states by the New York Police Department.

Last October, a panel of the U.S. Court of Appeals for the Third Circuit handed down a decision in favor of the plaintiffs, sending the lawsuit in New Jersey back to the district court for further proceedings.

New York police reached a settlement with plaintiffs in January, banning investigations solely on the basis of religion.

In 2006, the German Constitutional Court delivered a ruling restricting surveillance.

Masanori Naito, a professor of modern Muslim regions at Doshisha University’s Graduate School in Kyoto, blasted the Supreme Court’s decision as a manifestation of its “sheer ignorance” of Islam.

Although Muslims account for more than 20 percent of the global population of 7.3 billion, only a fraction reside in Japan.

“As a result, Japanese tend to think that all Muslims are violent,” he said. “Conducting surveillance will only stir up a feeling of incredulity among Muslims and backfire. What police should do is to enhance their understanding of Muslim communities and make an effort to gather information.”
ENDS

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

COMMENTS:

MAYes, I remember how it was a Muslim who slashed forty throats in the night last week…no, wait, that was a Japanese lunatic with no religion…I got it, it was a Muslim who attacked people in [Akihabara] with knives…no, not Muslim…OK, it was a Muslim who killed several elementary school children in ….no, hang on, not Muslim…

Debito:  The obvious extension of this legitimization of racial profiling (defined as using a process of differentiation, othering, and subordination to target a people in Japan; it does not have to rely on phenotypical “looks”) is that for “national security reasons” the next step is to target and snoop on all foreign residents in Japan.  Because they might be terrorists.  The National Police Agency et al. have already been justifying the targeting of NJ as terrorists (not to mention as criminals, “illegal overstayers“, holders of “foreign DNA”, and carriers of contagious diseases).  And Japan’s Supreme Court has now effectively given the green light to that too.  The noose further tightens around NJ residents in Japan.  Dr. ARUDOU, Debito

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

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Japan Times JBC column 99, “For Abe, it will always be about the Constitution”, Aug 1, 2016

mytest

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JUST BE CAUSE
justbecauseicon.jpg

For Abe, it will always be about the Constitution
By Debito Arudou
The Japan Times, JUST BE CAUSE column 99, August 1, 2016

Nobody here on the Community page has weighed in on Japan’s Upper House election last July 10, so JBC will have a go.

The conclusion first: Prime Minister Shinzo Abe scored a hat trick this election, and it reaffirmed his mandate to do whatever he likes. And you’re probably not going to like what that is.

Of those three victories, the first election in December 2012 was a rout of the leftist Democratic Party of Japan and it thrust the more powerful Lower House of Parliament firmly into the hands of the long-incumbent Liberal Democratic Party under Abe. The second election in December 2014 further normalized Japan’s lurch to the far right, giving the ruling coalition a supermajority of 2/3 of the seats in the Lower House.

July’s election delivered the Upper House to Abe. And how. Although a few protest votes found their way to small fringe leftist parties, the LDP and parties simpatico with Abe’s policies picked up even more seats. And with the recent defection of Diet member Tatsuo Hirano from the opposition, the LDP alone has a parliamentary majority for the first time in 27 years, and a supermajority of simpaticos. Once again the biggest loser was the leftist Democratic Party, whose fall from power three years ago has even accelerated.

So that’s it then: Abe has achieved his goals. And with that momentum he’s going to change the Japanese Constitution.

Amazingly, this isn’t obvious to some observers. The Wall Street Journal, The Economist (London), and Abe insiders still cheerfully opined that Abe’s primary concern remains the economy — that constitutional reform will remain on the backburner. But some media made similar optimistic predictions after Abe’s past electoral victories…

Read the rest at http://www.japantimes.co.jp/community/2016/07/31/issues/abe-will-always-constitution/

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

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Book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Press 2016) now out early in paperback: $49.99

mytest

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Hi Blog. Sales of book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, November 2015) in hardcover have been outstanding.

embeddedracismcover

In less than a year after being published, WorldCat says as of this writing that 83 of the world’s major academic libraries worldwide (including Stanford, Cornell, UC Berkeley, Columbia, Harvard, Yale, and Princeton) already have it in their collections.

Now my publisher has brought it out in paperback early for classroom use (it usually takes a year or two before that happens). Price: Less than half the hardcover price, at $49.99.  It currently occupies the first spot of Lexington’s Sociology Catalog this year under Regional Studies:  Asia (page 33).

Now’s your chance to get a copy, either from the publisher directly or from outlets such as Amazon.com. Read the research I spent nearly two decades on, which earned a Ph.D., and has for the first time 1) generated talk within Japanese Studies of a new way of analyzing racism in Japan (with a new unstudied minority called “Visible Minorities“), and 2) applied Critical Race Theory to Japan and found that the lessons of racialization processes (and White Privilege) still apply to a non-White society (in terms of Wajin Privilege).

Get the book that finally exposes the discrimination in Japan by physical appearance as a racialization process, and how the people who claim that “Japan has only one race, therefore no racism” are quite simply wrong.  Further, as the book argues in the last chapter, if this situation is not resolved, demographically-shrinking Japanese society faces a bleak future.

Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.” Now out in paperback on Amazon and at Lexington Books. Dr. ARUDOU, Debito

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CG on increased exit taxes on health insurance and residency when you change jobs and domiciles in Japan

mytest

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Hi Blog.  I just wanted to put this one out there as a general query.  Anyone else experienced this and gotten an explanation why?  Dr. ARUDOU, Debito

======================
June 17, 2016
From: CG
Hello Dr. Arudou:

First, I just wanted to say “Thank You” for all the writing you’ve done. I purchased your handbook a while ago and it was a big help when applying for permanent residency here (successfully!)

I was hoping to ask you a question. I’ve done a fair amount of searching online and haven’t found an answer, and the people directly involved in the issue can’t (or won’t) give a plausible answer either. Recently I switched jobs and moved to a new town here after over ten years working for the previous town’s 教育委員会 [BOE]. When I received my final paycheck, they deducted twice the normal tax amount for 社会保険 [shakai hoken; health and pension insurance] and three times the normal amount for 住民税 [juuminzei; local residency taxes]、helping themselves to an extra over 8万円 [80,000 yen]。 Have you heard of such a situation before? The fact that I can’t find any information about such a “moving tax” or get clear answers strikes me as very strange.

If you have a moment, I’d be very glad to know your thoughts. Best, CG
======================
MY THOUGHTS: Not sure. Anyone out there with this experience who figured out what was going on? Dr. ARUDOU, Debito

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Shibuya Police asking local “minpaku” Airbnb renters to report their foreign lodgers “to avoid Olympic terrorism”. Comes with racialized illustrations

mytest

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Hi Blog. Buzzfeed News’s Hatachi Kouta wrote up a report dated June 26, 2016, where he found the following Shibuya Police poster in a residential area:

Courtesy of Hatachi Kouta of Buzzfeed.
Courtesy of Hatachi Kouta of Buzzfeed.

The poster reads:

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

WE ARE ASKING FOR INFORMATION FROM MINPAKU HOSTELERS

“Minpaku” is defined as the service of offering paid accommodation using empty rooms etc. from individual homes.

To prevent terrorism and for the success of the Olympics, we need information from everyone.

We are especially asking for information from individually-standing homes doing Minpaku.

Please call the Shibuya Police Department, Head of Crime Prevention, at 3498-0110 ext 2612.

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

That’s the literal translation of the text.  Note how there is no reference whatsoever textually about foreigners.  However, contextually, in the margins there are illustrations of eight racialized “foreigners” of ostensibly European, African, and Middle-Eastern extractions complete with differentiated eye color, hair color, skin color, and facial hair.  Note how there is no representation of “Asian” foreigners, even though they make up the majority of Japan’s tourists.  I guess they’re not the type that Shinjuku cops are looking for.

My comments about this are seasoned to the point of predictably:  1) Once again, Japan’s police are using racial profiling to determine who is a foreigner as well as a terrorist.  2) Japan’s police are rallying the public to do their bidding on unlawful activities (i.e., scaring them with the threat of terrorism into reporting their foreign lodgers to the police, which neither minpaku nor actual hotels are required to do).  3) The use and proliferation of racialized caricature seems to be normalized standard operating procedure with Japan’s police.  (Why not?  Nobody’s going to stop them when they keep Japan’s public constantly afraid of foreigners to the point of normalized targeting.)  And 4), as I have written before, Japan is not mature enough as a society to host these international events, for the National Police Agency whips everyone up into a frenzy about foreign crime, hooliganism, and/or terrorism.  And then the NPA uses the events to clamp down on civil liberties for everyone.  Thus there is insufficient check and balance to keep these bunker-mentality bureaucrats from exaggerating their mandate.

The Tokyo Olympics are still more than 4 years away.  Expect even more of this embedded racism to surface into full-blown state-sponsored xenophobia in the meantime.  Dr. ARUDOU, Debito

PS:  The Buzzfeed article in itself is interesting, as the author tries to hold the Shibuya Police accountable for their poster, and (citing inter alia his lack of membership in the Press Club) they evaded answering written questions about the poster’s contents, intent, or how it reflects police attitudes or official policy towards foreigners.  (As they did with me here when they were taking urine samples for drug tests only from foreign-looking customers on the streets in Roppongi back in 2009.)  According to the article, Shibuya Police also denied any ill-will towards foreigners, claiming that the foreign caricatures appeared “so foreigners can also have more relaxed stays too” (gaikokujin no katagata mo, anshin shite taizai shite itadaku shushi de, gaikokujin fuu no irasuto o mochiita mono).  Oh, so being racially profiled is for NJs’ own peace of mind?  Makes perfect sense — in NPA Bizzarroworld.

Read the article for yourself here.

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

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TV “Economist” Mitsuhashi Takaaki on foreign labor in Japan: “80% of Chinese in Japan are spies”: “foreigners will destroy Japanese culture”

mytest

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Hi Blog. Let’s get right to it with a post from Debito.org Reader AG:
=========================
Date: June 12, 2016
From: AG
Dear Debito:

There is a lot of discussion about immigration and work in Japan. There is a video showing a so called economist ranting and spreading FUD (Fear, Uncertainty and Doubt) about why allowing immigration into Japan is a bad idea. Perhaps you would like to see into it and share it with your community at Debito.org. I support your site in many ways and I appreciate your insight and many matters that are wrong in Japan. I understand that your bottom line is to try to make a positive change in life.

Here’s the video:
https://www.youtube.com/watch?v=C18_G6wIh-Y

Sincerely, AG
=========================

COMMENT: The above video about Mitsuhashi Takaaki, a commentator, writer, TV personality, seminarist (juku), failed LDP candidate, and blogger about things he considers to be politics and economics, shows how normalized bigotry is in Japan — to the point of silliness.

Once you get past the stupid tic he has with pushing up his eyeglasses (redolent of aspiring Hollywood wannabes of the 1910s-1930s who thought their cute catchphrase, gesture, or sneeze would fuel an entire career), you realize what he’s enabling: Japanese media to espouse xenophobia.

In the video, where he’s critical of PM Abe’s policies (ignorantly portraying Abe as a proponent of importing foreign labor in order to undercut Japanese workers’ salaries), he goes beyond economics and into bigotry:  about Chinese (depicted as invading hordes with queue hairstyles, where he claims that “80% are spies” [source, please?]) and foreigners in general (they will “destroy Japanese culture”).  The research gets so sloppy that it reaches the point of silliness (at minute 0:30 they even misspelled TPP as “Trance Pacific Partnership”).  Watch the video yourself, but not as a lunch digestion aid.

In the end, Mitsuhashi is just an IT dork relishing his time in the sun, riding a patriotic wave while dividing, “othering”, and bullying minorities for his own financial gain.

Again, it’s one more indication that the long-awaited next generation of “more liberal Japanese” will be just as narrow-minded as the previous one (if not even more so, since they have no memory of the wartime excesses their embedded racism led to generations ago).  Dr. ARUDOU, Debito

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

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Kyodo: Foreign laborers illegally working on farms in Japan increases sharply [sic]. How about the J employers who employ illegally?

mytest

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Hi Blog.  Here we go again with some media bias focusing on the evils “illegal foreign laborers” do, overlooking the fact that it’s Japanese who hire them illegally.  (One segment even justifies these illegal hiring practices under the guise of economics.)

Two other submitters below make some more arguments, with a focus on the recent smoke out of illegal police activities in Ibaraki Prefecture.  Dr. ARUDOU, Debito

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

Foreign laborers illegally working on farms in Japan increases sharply
Japan Times / Kyodo News, June 12, 2016, courtesy of JDG and BGIO
http://www.japantimes.co.jp/news/2016/06/11/national/social-issues/foreigners-illegally-working-on-farms-in-japan-increases-sharply/

The number of foreign laborers working illegally on farms across the nation rose threefold over the three year period ending in 2015, according to government data.

The findings highlight the difficulties facing Japan’s agricultural sector, including labor shortages and the advanced age of many of the country’s farmers.

Among all the illegal foreign workers subject to deportation in 2015, the greatest number — 1,744 or 21.9 percent — had worked in the farming sector. That was up from 946 in 2014, 695 in 2013, and 592 in 2012, according to the Justice Ministry.

The ministry also found illegal farm workers were “concentrated on farms in Ibaraki and Chiba prefectures, which are easily accessible from Tokyo.”

The average age of the nation’s farmers is now 66.4 years old, and the fact so many have no one to succeed them has become a serious social issue.

“I just cannot keep my business afloat unless I hire (illegal laborers), even if it means breaking the law,” said a 62-year-old farmer in Ibaraki.

The government does operate schemes under which farmers can legally employ foreign workers, including a technical internship program for people from developing countries. Some 24,000 foreign laborers were working on Japanese farms as of fiscal 2014 under that on-the-job training program, according to an estimate by the Ministry of Agriculture, Forestry and Fisheries.

Since the government began compiling such data in 1991, Tokyo had regularly topped the list of 47 prefectures for the number of foreign laborers working illegally. But last year, the capital ranked third behind Ibaraki with 1,714 illegal workers and Chiba second with 1,238.

An immigration official said it is believed that around 5,000 undocumented workers are currently working in Ibaraki.

By nationalities, the greatest numbers of illegal workers came from China, Thailand and Vietnam.

The number of foreign workers who overstayed their visas rose in 2015. The increase came after the government relaxed visa requirements for visitors from Asian countries.
ENDS

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

Submitter BlondeGuy InOz comments: I love the way that the headline is “Foreign laborers illegally working on farms in Japan increases sharply” when in reality it should have been more along the lines of “Japanese agricultural employers continue to flout trainee laws and illegally exploit foreign workers from developing countries”, or alternatively “percentage of foreign workers from developing countries exploited by Japanese agriculture sector worker rises to 7% (1,744 of 24,000) of those employed in ‘trainee’ scheme”. But then such headlines would require the type of objective and balanced media coverage than has long been missing in what has the temerity to call itself ‘journalism’ in this country.

I let a lot of things go but I just couldn’t bring myself to let this one pass by without at least commenting. Note: that one of the main offending prefectures is Ibaraki prefecture. I experienced my fair share of racism and exclusion (e.g. denied entry to restaurants, denied the right to apply for a credit card, etc…) when living there during a previous stay in the prefecture between 1996 and 2001 (was resident in Japan from 1996 – 2010 before returning to my home country for what has been a better life).

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

Submitter JDG comments: Well, well, well! What have we here? The people benefitting from the anti-constitutional voter weighting disparity, the people receiving the most is government subsidies (including a special bonus to help them restructure for the now never to be implemented TPP), the people who have voted LDP over and over again. Rural farmers are the exact same people breaking the law by employing the greatest number of NJ illegally!

And guess where? Chiba and IBARAKI!

It makes a laughing stock and a sham of the legal system, the JA, the LDP, and the stupid notion that Japanese Shinto mumbo-jumbo rice farming culture is a corner-stone of Japanese identity! If it wasn’t for the LDP letting it’s voters illegally employ NJ, those voters and their farming culture would be over! No wonder Ibaraki police are so crazy; they are being told one thing by the government and then expected to turn a blind eye to the NJ underpinning the local economy! That conflict of interest must be causing them trauma!

In addition, I would put forward the following supposition to explain the behavior of the Ibaraki Police:

Local people, believing NPA statements that the vast majority of crime is caused by NJ, are alarmed by all the ‘shady’ NJ in Ibaraki.

The local police have to been seen to act tough on this issue to make the citizens feel safe, and to ensure that they don’t voice their dissatisfaction by throwing out the local LDP incumbent at the next election.

Therefore the PD put up posters of a militarized police, and hassle law abiding NJ whenever the locals phone them, since this means that they can be seen to be acting, when in fact they are choosing to overlook the huge numbers of NJ illegally employed by LDP supporting farmers, and under-pinning the local economy.

It’s all a dog-and-pony-show designed to distract the citizenry from politicians in league with law breaking Japanese farmers, so that they can keep their sticky fingers on the levers of power.

See? It all makes sense now.

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

ENDS

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Telegraph: Tourists in Japan to use fingerprints as ‘currency’ instead of cash; another case of Gaijin as Guinea Pig

mytest

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Hi Blog. First the article, then some commentary:

//////////////////////////////////////////////////////////
Tourists in Japan to use fingerprints as ‘currency’ instead of cash
The system aims to make shopping and checking into hotels more convenient for overseas visitors
The Telegraph, by Danielle Demetriou, Tokyo 11 APRIL 2016 • 9:20AM Courtesy of JK and BB
http://www.telegraph.co.uk/news/2016/04/11/tourists-in-japan-to-use-fingerprints-as-currency/

Visitors to Japan may soon be able to forget the hassle of having to change money – with the launch of a new system enabling fingerprints to be used as currency.

The system, which will launch this summer, aims to make shopping and checking into hotels faster and more convenient for overseas visitors, according to the Yomiuri newspaper.

It will involve foreign visitors first registering their details, including fingerprints and credit card information, in airports or other convenient public locations.

The new system will also enable the government to analyse the spending habits and patterns of foreign tourists.

Registered tourists will then be able to buy products, with taxes automatically deducted, from select stores by placing two fingers on a small fingerprint-reading device.

The fingerprint system will also be used as a speedy substitute for presenting passports when checking into hotels, which is currently a legal obligation for overseas tourists, according to reports.

In its first test phase, the project will involve 300 souvenir shops, restaurants, hotels and other establishments frequented by tourists in popular destinations including the mountainous hot spring resort area Hakone and the coastal town Kamakura.

The fingerprint experiment is part of a wider effort by the Japanese government to encourage visitors from overseas to visit the capital in the run up to the 2020 Tokyo Olympic and Paralympic Games.

Officials are hoping to launch the system throughout the country – including Tokyo – by 2020, with as many as 40 million overseas annual visitors expected by that year.

The new system will also enable the government to analyse the spending habits and patterns of foreign tourists, with anonymous data to be managed by a government-led consultative body.

The data obtained from the project will be used to help government officials create effective tourism management policies, according to Yomiuri.

One concern among officials, however, is that some tourists may be reluctant to provide fingerprint information voluntarily due to fears relating to privacy issues.

Fingerprint as payment

Biometrics – using your body to as an alternative to passwords – are on the rise. In February, Mastercard confirmed it would accept selfies and fingerprints instead of account passwords in the UK.

Several mobile wallets already use fingerprints as a way to authenticate payment. Registering debit or credit cards to an Apple Pay-compatible iPhone allows users to make payments or transactions by pressing a thumb or finger to the Touch ID fingerprint scanner in the home button to verify their identity.

Customers can also use it to travel around London’s TfL networks.

Samsung Pay and Android Pay have also started to let consumers pay for things using the fingerprint scanner.

How secure are fingerprints?

In the case of mobile payments, the smartphone maker, such as Apple, does not store your card numbers on the device you’re using for Apple Pay, nor on their servers. Instead, when a card is added, a unique Device Account Number is created and encrypted. This number is stored in a chip within your device called the secure Element.

When you go to make a transaction, the Device Account Number is matched with a dynamic security code unique to that specific payment, which is then processed.

If your iPhone, iPad or Apple Watch is lost or stolen, you can suspend Apple Pay remotely or wipe it fully using Find My iPhone.

Fingerprints, like any other security measure, can be spoofed. In fact, researchers have claimed they have hacked a Samsung Galaxy S6 and a Huawei Honor 7 phone by taking a photo of someone’s finger and printing it out with special ink. The other problem is you have only 10 fingerprints – and they can never be changed. [Really? — Ed.]

However it is still considerably more difficult to steal and reproduce a fingerprint than to brute-force guess a password or a pin. Perhaps the most secure approach is to have a two-step authentication system that includes both a password and a fingerprint.

ENDS

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

COMMENT:  This article seems a bit too much in thrall to the possibilities of the new technology to pay sufficient attention to the possible abuses of fingerprinting (and no attention to the history of fingerprinting in Japan in particular).  Culturally speaking, fingerprinting in Japan is associated with criminal activity, which is why so many Japanese (and let alone other NJ and Zainichi Korean minorities) are reluctant to have their fingerprints taken (let alone be forced to carry ID) and stored in a leaky government database.  That’s why once again, the Gaijin as Guinea Pig phenomenon is kicking in — where it’s the powerless people in a society who are having government designs for social control being foisted upon them first, before it gets suggested as policy for the rest of the population.

The point is that Japan has long been trying to find ways to track their Gaijin population best (and has managed it with new remotely-trackable RFID-chipped Gaijin Cards).  It is merely expanding upon their reinstitution of border fingerprinting for foreigners only in 2007 that was once seen as a “violation of human rights” barely ten years earlier.  They’ve got all these Gaijin fingerprints from the border.  Why not use them and not only track their whereabouts but also what they do with their money and time?  Once there is enough data for the government to claim, “It’s convenient.  It’s precedented.  It’s safely stored.  And it’s going to make us No. 1 again in something technological,” then watch as public policy switches to suggest it for everyone else in Japan.  Japan’s control-freak bureaucracy will settle for nothing less than as much information and control over its people as possible.  Dr. ARUDOU, Debito

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

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Mainichi: LDP new Constitution draft differentiates between ‘big’ and ‘small’ human rights, the latter to be subordinated “in times of emergency”. Yeah, sure.

mytest

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Hi Blog.  Here we have another example of “Japan power elite” logic at work as the ruling party seeks to amend Japan’s Constitution away from values it considers “Western”.  Including the concept of human rights, which it has somehow decided to arbitrarily divide into “big” and “small”.  “Small” would be limited in times of emergency, but the problem is that there is no indication of what the LDP intends to classify as “small human rights” to be subordinated.  A good critical thinker at the Mainichi takes on and exposes the idiocracy at work here.  Dr. ARUDOU, Debito

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

LDP draft Constitution differentiates between ‘big’ and ‘small’ human rights
May 26, 2016 (Mainichi Japan), Courtesy of JK
http://mainichi.jp/english/articles/20160526/p2a/00m/0na/025000c

How puzzling. A question-and-answer booklet that the ruling Liberal Democratic Party (LDP) has created to explain its draft revision of the Constitution claims there are two types of human rights: the big ones and the little ones.

The concept of “big human rights” and “small human rights” appears in the booklet’s section on the LDP draft Constitution’s controversial “state of emergency” provision, which allows for temporary restrictions on human rights and concentration of authority in the Cabinet in the case of an emergency such as an armed attack from external forces, disturbances in social order due to domestic turmoil, or major disasters. Following the massive earthquakes in Kumamoto and its surrounding areas in mid-April, the government and the LDP have ramped up their argument that such a provision is necessary to carry out rescue and recovery efforts as smoothly as possible.

The Q&A booklet states that protecting the lives, bodies and properties of the people is the state’s utmost priority not only in times of peace but also in times of emergency. So far, so good. But it’s what follows that throws me for a loop.

“Some are of the opinion that fundamental human rights should not be restricted even in times of emergency,” the booklet reads. “But we believe that it is possible that in order to protect big human rights such as people’s lives, bodies and properties, we could be forced to place restrictions on smaller human rights.”

It’s pretty clear what the LDP means by “big human rights.” But what are the “smaller human rights” that the party refers to?

I contacted the LDP Headquarters for the Promotion of Revision to the Constitution. The person who responded, however, simply kept repeating that “it would be helpful if you could read it as it is written.” That was precisely the problem, though. I couldn’t understand what had been written.

Yosuke Isozaki, the deputy chief of the LDP constitutional revision promotion headquarters, who was a central figure in the compilation of the party’s draft revision, told the Mainichi Shimbun during an interview carried in its April 29 morning edition, “One of the state’s loftiest and most significant roles is to protect the people’s lives, bodies and properties. There may be cases in which small human rights are violated, but if we cannot protect the people, there can be no constitutionalism.”

Shojiro Sakaguchi, a professor at Hitotsubashi University and an expert on constitutional law, objects head-on to such reasoning, declaring, “There is no differentiation in human rights between big and small.”

The current Japanese Constitution guarantees a diverse range of rights, including freedom of thought and conscience, freedom of religion, freedom of expression and economic freedom, including property rights. Says Sakaguchi, “Freedom of expression is indispensable in upholding a democracy, and there exists the argument that freedom of expression should be more heavily protected than property rights, which can be recovered through political processes even in the off chance that it is restricted as long as the democracy is functioning. But I have never heard of there being big and small human rights.”

Sakaguchi is particularly worried about the possibility that freedom of expression will be restricted as a “small human right” in times of emergency. “To position property rights as a ‘big human right’ and allow limitations to freedom of expression in the name of ‘protecting a big human right,’ such as property rights, is the complete opposite of the way it should be,” he says.

And where do Sakaguchi’s concerns come from? “It’s written in the LDP’s Q&A booklet that rules based on the Western notion of ‘natural rights’ must be amended, and that the people have a duty to respect the Constitution. One gets the impression that the draft revision puts the state in a position superior to human rights,” Sakaguchi says. “If you switch the part that reads, ‘To protect the big human rights, such as the lives, bodies and properties of the people’ to say ‘To protect the state,’ the actual intent of the draft constitutional revisions becomes very clear.”

He continues, “The purpose of the provision on emergencies is to protect the state. Such a provision can lead to thinking that ‘to protect the state, which is in danger, the public must refrain from making statements or taking actions that are critical of the state,’ thereby restricting freedom of expression and other human rights. I think the LDP’s true intention is to push things along with priority on the state’s will, rather than the human rights of the individual.”

This is along the lines of the idea that human rights depend on the existence of a state, Sakaguchi says. He characterizes this as “a sharp break from the idea of human rights, which should be a universal principle of humanity.”

Makoto Ito, an attorney who has been involved in numerous lawsuits on constitutionality, including ones regarding vote weight disparity, suggests that the categorization of human rights into big and small exemplify the LDP’s view toward human rights.

“The notion that small human rights can be sacrificed for big human rights is not limited to times of emergency. If we allow such thinking to prevail, there is a possibility that some human rights will not be considered important enough to be protected even in times of peace.” In other words, Ito is saying that we could find ourselves in a society in which disregard for human rights is the norm.

Other parts of the LDP’s draft Constitution must not be overlooked, Ito adds. Article 13 of the current Constitution states, “All of the people shall be respected as individuals,” while Article 97 says, “The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free.” The LDP draft modifies Article 13 and deletes Article 97.

“In the LDP draft, the word ‘individuals’ in Article 13, has been changed to ‘persons.’ This completely dismisses individualism and the independent individuals presupposed by the Constitution,” Ito says. “The deletion of Article 97 is the equivalent of denying the universality of human rights. And then to bring in the notion of ‘big’ and ‘small’ human rights is an act of turning one’s back against the principle of respect for human rights.”

As is evident thus far, alarm over human rights restrictions are expected to rise if the LDP’s draft Constitution is to become a reality. Meanwhile, however, human rights are already coming under restrictions ahead of any constitutional changes, some say.

According to Tsuyoshi Inaba, the founder and a board member of Moyai, a nonprofit organization that supports those in poverty, the administration of Prime Minister Shinzo Abe has gradually lowered the sums of money people are able to receive as public assistance. “With the 2013 revision of the Public Assistance Act, welfare offices were given the authority to demand that those who are applying for welfare report why they are unable to receive assistance from family members. This can cause people to hesitate to apply for public assistance,” he says. “The current state of affairs is already threatening Article 25 of the Constitution, which states that ‘all people shall have the right to maintain the minimum standards of wholesome and cultured living.'”

Inaba is also worried about the fact that the LDP draft Constitution is trying to dictate what and how a family should be. In the LDP’s version, Article 24 states, “Family members must support each other.” To Inaba, he says, this seems like an attempt by the LDP to avert its eyes from the reality that family support is no longer enough to provide relief to those in poverty, and instead force upon the public the party’s image of an ideal family. “Even though the state has a duty to guarantee that people can maintain the minimum standards of wholesome and cultured living, there appears to be the intent to shift that responsibility onto families,” Inaba says.

If we accept that there are “small human rights,” the rights of those in vulnerable positions in society may come to be regarded as “small.”

There is always a possibility that one’s human rights will be threatened. Already, there have been cases in which local governments have shown reluctance toward renting out public facilities — in the name of “political neutrality” and for other reasons — to citizens’ groups wanting to hold events in opposition of constitutional revisions or for the abolition of nuclear power. It’s frightening to imagine what might happen if freedom of expression and freedom of assembly were designated as “small human rights.”

The LDP’s Q&A booklet notes that the LDP draft Constitution does not deviate from the party’s understanding that fundamental human rights are inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. If that is actually the case, however, the concept of a “big” or “small” human right should not even come up. (By Yoshiaki Ebata, Evening Edition Department)
ENDS

特集ワイド
自民党「憲法改正草案Q&A」への疑問 「小さな人権」とは 緊急時なら制限されてもいい…?
毎日新聞2016年5月23日 東京夕刊
自民党の日本国憲法改正草案Q&Aに記載された「大きな人権」と「小さな人権」
http://mainichi.jp/articles/20160523/dde/012/010/006000c

思わず首をかしげてしまった。「大きな人権」と「小さな人権」が存在するというのである。この表現は、自民党が憲法改正草案を解説するために作成した冊子「改正草案Q&A」の中で見つけた。大災害などの緊急時には「生命、身体、財産という大きな人権を守るため、小さな人権がやむなく制限されることもあり得る」というのだ。そもそも人権は大小に分けることができるのだろうか。【江畑佳明】

脅かされる「表現の自由」「個の尊重」/平常時にも制約受ける恐れ
まずは「改正草案Q&A」を見てみよう。「大きな人権」と「小さな人権」が記されているのは、外部からの武力攻撃、内乱などの社会秩序の混乱、大災害などの際、一時的に人権を制限し、内閣に権限を集中させる緊急事態条項を説明する項目だ。政府・自民党は熊本地震後、円滑に人命救助や復興作業を進めるために必要な条文だとの訴えを強めている。

Q&Aでは「国民の生命、身体、財産の保護は、平常時のみならず、緊急時においても国家の最も重要な役割です」と説明している。ここまでは疑問なく読めるのだが、次の説明がひっかかる。

「『緊急事態であっても、基本的人権は制限すべきではない』との意見もありますが、国民の生命、身体及び財産という大きな人権を守るために、そのため必要な範囲でより小さな人権がやむなく制限されることもあり得るものと考えます」

自民党が考える「大きな人権」は分かったが、「小さな人権」は不明だ。

そこで自民党の憲法改正推進本部に問い合わせた。でも、担当者は「書いてある通りにご理解いただければ、大変助かります」と繰り返すばかり。Q&Aを読んでも理解できないから質問したのに……。

人権を分ける考えについて、改憲草案の作成に深く携わった礒崎陽輔・党憲法改正推進本部副本部長は、緊急事態条項に関する毎日新聞のインタビュー(4月29日朝刊)でこう答えている。「国家の崇高で重い役割の一つは、国民の生命、身体、財産を守ることにある。小さな人権が侵害されることはあるかもしれないが、国民を守れなければ、立憲主義も何もない」

この考え方に真っ向から反対するのが、一橋大教授の阪口正二郎さん(憲法学)。「人権に大小の区別はありません」と断定する。

現行憲法は、思想・良心の自由▽信教の自由▽表現の自由▽財産権を含む経済的自由−−など多様な権利を保障している。阪口さんは「表現の自由は民主主義を支えるために不可欠であり、万一制約されても民主主義さえ機能していれば政治過程で回復可能な財産権よりも、手厚く保護すべきだという議論はあります。ですが、人権に大小があるという話は聞いたことがない」と説明する。

阪口さんが特に危惧するのが、緊急時に表現の自由が「小さな人権だ」として制限される可能性があることだ。「財産権を『大きな人権』に位置付け、『財産権という大きな人権を守るため』と表現の自由が制限されていいというのは、全く逆です」

重要な人権が制限されかねないと、なぜ阪口さんは考えるのか。「この『Q&A』では『(人権は生まれながらに誰もが持っているという)西欧の天賦人権説に基づく規定は改める必要がある』と書いており、国民に憲法尊重義務を新たに課すと主張するなど、人権より国家が優位だと考えている印象を受けます。そこで『国民の生命、身体及び財産という大きな人権を守るため』という部分を、『国家を守るため』と読み替えてみると、その意図がはっきりします」

そしてこう続けた。「緊急事態条項の目的は国家を守ること。『危機にある国家を守らねばならないから、国家を批判する言動は控えろ』と、表現の自由などの人権を制限しかねない。個人の人権よりも国家の意思を優先させ、物事を進めたいのが本音ではないでしょうか」

「国あっての人権」。阪口さんはそれを「人類普遍の原理であるはずの人権思想からの決別」と呼んだ。

「人権に大小をつける考え方には、自民党の人権観が表れている」と、1票の格差問題などの違憲訴訟に数多く携わってきた伊藤真弁護士は指摘する。「『大きな人権のために小さな人権は制限されてもいい』という発想は、緊急時だけにとどまるものではありません。この考え方を認めてしまえば、平常時においても『これは小さな人権だから尊重しなくてもいい』という考えにつながりかねない」。人権軽視が横行する世の中になりかねないというのだ。

改憲草案で見逃せない点は他にもある。「すべて国民は、個人として尊重される」と定めた13条の改変と、「基本的人権は、人類の多年にわたる自由獲得の努力の成果」とした97条の削除だ。

伊藤さんは「13条について、改憲草案では『個』を外して『人』に変更しました。憲法が想定する『自立した個人』の存在をなくす考え方で、個人主義を否定しています。さらに97条を削除したことは、人権の普遍性を否定したも同じ。その上で『人権の大小』を設けるというのは、人権尊重の思想に背を向ける行為です」と語る。

ここまで論じたように、万一、改憲草案が現実化したら、人権が制限される懸念は高まりそうだ。その一方で「改憲を先取りするかのように、人権の制限は既に進められている」との声も出ている。

貧困に苦しむ人たちを支援するNPO法人「自立生活サポートセンター・もやい」理事の稲葉剛(つよし)さんは「安倍晋三政権は生活保護の支給額を段階的に引き下げています。さらに2013年の改正生活保護法で、親族の援助が受けられない時は、福祉事務所がその理由の報告を求めることができるようになりました。これでは生活保護の申請をためらう事態になりかねない。憲法25条の生存権、『健康で文化的な最低限度の生活を営む権利』が脅かされつつあるのです」と実情を訴える。

稲葉さんは改憲草案が「家族のあり方」に手をつけることにも危機感を抱く。改憲草案では24条で「家族は互いに助け合わねばならない」とする。この狙いを「貧困により家族の支えが限界に来ているという現実を直視せず、自らが理想とする家族像を押し付けようとしているのではないでしょうか。国には尊厳ある個人の生存権を保障するよう努める義務があるにもかかわらず、『家族なんだから助け合いなさい』とその責任を家族に転嫁したい意図を感じます」とみる。

「小さな人権」を認めれば、社会的に弱い立場の人たちの人権が「小さい」と判断されてしまうかもしれない。

人権は常に制約される可能性がある。改憲反対や脱原発をテーマにした市民集会を巡り、自治体が「政治的中立」などの理由で公的施設の利用に難色を示すケースが出ている。表現の自由や集会の自由が「小さな人権」と制約を受け続けたら……。

Q&Aでは「人権は、人間であることによって当然に有するもの」と基本的人権を尊重する姿勢は変わらないと記している。であれば、「人権の大小」という発想自体、生まれてこないのではないか。
ENDS

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JT: Diet passes Japan’s first law to curb hate speech. Hurrah, but.

mytest

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Hi Blog.  A first step towards Debito.org’s overarching goal — a law against racial discrimination in Japan — happened yesterday:  Some kind of legislation to curb public expression of racism, in the form of a law against hate speech.

Now, Debito.org cannot wholeheartedly support this law for the reasons noted in the article below:  It defines “hate speech” only narrow-band (only covering legal residents of Japan), it doesn’t actually encode punishments or penalties, and it joins all of Japan’s other laws that ineffectually ban things only in principle and get ignored in practice (such as Japan’s Equal Employment Opportunity Law, which has not curbed male-female wage and promotion differentials one whit outside of a lengthy and risky Japanese court process).  It is, as critics say below, mere window-dressing to make Japan look like a “civilized” country to its neighbors.  That said, I’m going to opt that it’s better to have some law that acknowledges the existence of a problem (as opposed to what’s been going on before; even the article indicates below there was a hate rally on average more than once a day somewhere in Japan).  Let it potentially chasten xenophobes and indicate that minorities in Japan are here to stay and deserve dignity, respect, and the right to be unstigmatized.  Dr. ARUDOU, Debito

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Diet passes Japan’s first law to curb hate speech
BY TOMOHIRO OSAKI
STAFF WRITER
The Japan Times, May 24, 2016
http://www.japantimes.co.jp/news/2016/05/24/national/social-issues/diet-passes-japans-first-law-curb-hate-speech/

Japan’s first anti-hate speech law passed the Diet on Tuesday, marking a step forward in the nation’s long-stalled efforts to curb racial discrimination.

But the legislation has been dogged by skepticism, with critics slamming it as philosophical at best and toothless window dressing at worst.

The ruling coalition-backed law seeks to eliminate hate speech, which exploded onto the scene around 2013 amid Japan’s deteriorating relationship with South Korea.

It is the first such law in a country that has long failed to tackle the issue of racism despite its membership in the U.N.-designated International Convention on the Elimination of All Forms of Racial Discrimination.

Critics, however, have decried the legislation as ineffective.

While it condemns unjustly discriminatory language as “unforgivable,” it doesn’t legally ban hate speech and sets no penalty.

How effective the law will be in helping prevent the rallies frequently organized by ultraconservative groups calling for the banishment or even massacre of ethnic Korean residents remains to be seen.

Critics including the Japan Lawyers Network for Refugees have also pointed out the law is only intended to cover people of overseas origin and their descendants “who live legally in Japan.”

The law’s mention of legality, they say, will exclude many foreign residents without valid visas, such as asylum seekers and overstayers.

Submitted by lawmakers from the Liberal Democratic Party and Komeito, the bill initially limited its definition of hate speech to threats to bodies, lives and freedom of non-Japanese as well as other incendiary language aimed at excluding them.

But at the urging of the Democratic Party, the scope of the legislation was expanded to cover “egregious insults” against foreign residents.

The law defines the responsibility of the state and municipalities in taking measures against hate speech, such as setting up consultation systems and better educating the public on the need to eradicate such language.

The Justice Ministry’s first comprehensive probe into hate speech found in March that demonstrations organized by the anti-Korean activist group Zaitokukai and other conservative organizations still occur on a regular basis, although not all involve invectives against ethnic minorities.

A total of 347 such rallies took place in 2013, while 378 were held in 2014 and 190 from January through September last year, the Justice Ministry said.  ENDS

Do you like what you read on Debito.org?  Want to help keep the archive active and support Debito.org’s activities?  We are celebrating Debito.org’s 20th Anniversary in 2016, so please consider donating a little something.  More details here.