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Archive for the 'Bad Business Practices' Category

These are business practices in Japan unlikely to engender goodwill with the NJ communities.

Summer Tangent: Economist.com summary of Amakudari system

Posted by debito on 11th August 2010

For a Summer Tangent, here’s a good summary of Japan’s Amakudari system, and its effects on politics and prospects for reform. The Economist has come a long way from when I first read it back in the Eighties, when it basically assumed that Japan’s postwar economic miracle was due to theoretical economic efficiencies (as opposed to a closed captive domestic market and sweetheart-deal overseas trade access). Now they have people here on the ground (well, one that I’ve met, and I found him knowledgeable and impressive) who aren’t blinkered by mere Adam-Smithism and clearly know their way around. Good. Have a read. It’s short and sweet.

Economist: A SWATHE of high-ranking bureaucrats from Japan’s biggest ministries began in new posts on July 30th, doled out as part of an annual summer rite. A gaggle of even more senior ones were asked to retire—and immediately won cushy, lucrative jobs at quasi-public agencies and private foundations. Some were even sent to companies in industries they had previously regulated.

The practice is called amakudari (meaning “descent from heaven”). It has long reflected unhealthily close relations between bureaucrats and business, distorting the work of civil servants on the look out for a plum job, and burdening firms with the deadweight of ex-pen pushers serving as “senior advisers”. At its worst, it lets civil servants enrich themselves, pay back vested interests and resist economic reform. One reason why Japan’s banking crisis in the 1990s took so long to fix was because former senior staff from the finance ministry and Bank of Japan had moved to the banks that needed fixing. They pressed their former deputies to bail them out on soft terms, and then failed to carry out much-needed surgery…

Posted in Bad Business Practices, Japanese Government, Tangents | 10 Comments »

Coleman Japan Inc. has instructions “For Japanese Consumers Only”

Posted by debito on 8th August 2010

As a lighter post for Sunday, Debito.org Reader SW sends these words and a silly instruction booklet from Coleman Japan Inc., saying their instructions are “For Japanese Consumers Only”.

I think Coleman HQ (in the US) has let their oversight of their licensee go a bit, allowing the assumption that only Japanese can read Japanese. A bit of sense and sensitivity would have rendered it as “For Consumers in Japan Only” (which I’ve seen enclosed for some products in terms of warranties). Or else this needn’t be put on the form at all: I doubt anyone will panic if they see a page of gibberish as long as there is another page with something legible. But this carelessness has left a bit of a sour taste in one consumer’s mouth, quite unnecessarily. Read on.

Posted in Bad Business Practices, Problematic Foreign Treatment, Tangents | 19 Comments »

Japan Times Community Page on “Trainee” Jiang karoushi, how employer Fuji Denka Kogyo is trying to get away with it

Posted by debito on 3rd August 2010

Japan Times: Recent amendments to the Immigration Control Act, which also included changes to Japan’s alien registration card system, have improved the situation for participants of the internship program, although arguably it is a case of too little, too late.

Under the old system, those in the first year of the program were officially classed as “trainees,” not workers, meaning they were unable to claim the protections Japanese labor law affords regular employees.

For example, the minimum wage in Japan varies according to prefecture, and currently the national average is ¥713 per hour. But as foreign trainees are not technically “workers,” employers are not obliged to pay them even this. Instead, they receive a monthly “trainee allowance,” which for most first-year trainees falls between ¥60,000 and ¥80,000 — the equivalent to an hourly wage in the range of ¥375 to ¥500 for a full-time 40-hour week.

For first-year trainees, trying to survive on such a low income is a real struggle, so most have to do a great deal of overtime just to make ends meet.

Although the “trainee” residency status still exists for foreign workers who arrived before 2010, it is currently being phased out, and from 2011 all first-year participants in the program will be classed as technical interns. This a significant step forward, as the Labor Standards Law and the Minimum Wage Act apply to foreign migrant workers with technical-intern residency status. However, whether migrant workers are actually able to access the protections they are entitled to is another matter, and the issue of oversight — or the lack of it — is still a long way from being resolved.

Abiko believes this absence of proper oversight has grown out of the internship program’s weak regulatory structure and a general lack of government accountability. The government entrusts most of the operations of the internship program to JITCO, an authority that lacks the power to sanction participating organizations or companies, says Abiko.

“JITCO is just a charitable organization. It is very clear that JITCO is not appropriate to regulate and monitor this program.”

In addition, she argues, the financial relationship between JITCO and the collectives or companies under which trainees work makes JITCO’s role as a regulatory body even more untenable. JITCO’s total income for the 2008 financial year was ¥2.94 billion. More than half this amount, ¥1.66 billion, came from “support membership fees” paid by the companies themselves.

“How can JITCO appropriately regulate and monitor their support members when they are dependent on them for membership fees?” she said.

Posted in Bad Business Practices, Human Rights, Japanese Government, Labor issues, Lawsuits | 1 Comment »

Shame on Berlitz Japan for its court harassments, firing teacher for having cancer

Posted by debito on 28th July 2010

Japan Times: The battle between Berlitz Japan and Begunto began with a strike launched Dec. 13, 2007, as Berlitz Japan and its parent company, Benesse Corp., were enjoying record profits. Teachers, who had gone without an across-the-board raise for 16 years, struck for a 4.6-percent pay hike and a one-month bonus. The action grew into the largest sustained strike in the history of Japan’s language school industry, with more than 100 English, Spanish and French teachers participating in walkouts across Kanto.

On Dec. 3, 2008, Berlitz Japan claimed the strike was illegal and sued for a total of ¥110 million in damages. Named in the suit were the five teachers volunteering as Begunto executives, as well as two union officials: the president of the National Union of General Workers Tokyo Nambu, Yujiro Hiraga , and Carlet, former NUGW case officer for Begunto and currently executive president of Zenkoku Ippan Tokyo General Union (Tozen)…

Another of the teachers named in the suit, Catherine Campbell, was fired earlier this month after taking too long to recover from late-stage breast cancer cancer. In June 2009, Campbell took a year of unpaid leave to undergo chemotherapy and radiation treatment. Because Berlitz Japan failed to enroll Campbell in the shakai hoken health insurance scheme, she was unable to receive the two-thirds wage coverage it provides and had to live with her parents in Canada during treatment. The company denied Campbell’s request to extend her leave from June to Sept. 2010 and fired her for failing to return to work.

Berlitz Japan work rules allow for leave-of-absence extensions where the company deems it necessary. “If cancer is not such a case, what would be?” Campbell asks…

Posted in Bad Business Practices, Injustice, Labor issues, Lawsuits | 12 Comments »

Toyota QC and “culture” again, says it will increase safety by dealing with mechanical and cultural defects, with Japanese-only review panel

Posted by debito on 23rd July 2010

As an update to the whole Toyota and safety issues (with people blaming them on cultural differences), now we have news that Toyota is actually going to “review defect measures” and “beef up quality controls” using “outsiders” for “independent scrutiny”.

I myself am not all that optimistic. Toyota is, as the article says below, essentially “keeping it in the family”. After previously penalizing an American QC expert for his scrutiny, they’ve anointed a blue-ribbon panel of experts who are Japanese only. Yeah, that’ll learn ‘em about “cultural differences”, all right. Especially since the article below once again quotes Toyota as still trying to “bridge a cultural gap”. As if culture is any factor here in making unsafe cars safe. Enforced cluelessness.

Meanwhile, a US federal grand jury is subpoenaing Toyota to make sure the documentation doesn’t also continue to “stay in the family”. That article and video below too.

Posted in Bad Business Practices, Bad Social Science, Cultural Issue, Gaiatsu, Ironies & Hypocrisies | 5 Comments »

NYT has video and article on JITCO NJ “Trainee” Program, including sweatshop conditions and karoushi

Posted by debito on 21st July 2010

NYT: For businesses, the government-sponsored trainee program has offered a loophole to hiring foreign workers. But with little legal protection, the indentured work force is exposed to substandard, sometimes even deadly, working conditions, critics say.

Government records show that at least 127 of the trainees have died since 2005 — or one of about every 2,600 trainees, which experts say is a high death rate for young people who must pass stringent physicals to enter the program. Many deaths involved strokes or heart failure that worker rights groups attribute to the strain of excessive labor.

The Justice Ministry found more than 400 cases of mistreatment of trainees at companies across Japan in 2009, including failing to pay legal wages and exposing trainees to dangerous work conditions. This month, labor inspectors in central Japan ruled that a 31-year-old Chinese trainee, Jiang Xiaodong, had died from heart failure induced by overwork.

Under pressure by human rights groups and a string of court cases, the government has begun to address some of the program’s worst abuses. The United Nations has urged Japan to scrap it altogether…

The Japan International Training Cooperation Organization, or Jitco, which operates the program, said it was aware some companies had abused the system and that it was taking steps to crack down on the worst cases. The organization plans to ensure that “trainees receive legal protection, and that cases of fraud are eliminated,” Jitco said in a written response to questions…

As part of the government’s effort to clean up the program, beginning July 1, minimum wage and other labor protections have for the first time been applied to first-year workers. The government has also banned the confiscating of trainees’ passports.

But experts say it will be hard to change the program’s culture… “If these businesses hired Japanese workers, they would have to pay,” said Kimihiro Komatsu, a labor consultant in Hiroshima. “But trainees work for a bare minimum,” he said. “Japan can’t afford to stop.”

Posted in Bad Business Practices, Japanese Government, Labor issues, Problematic Foreign Treatment | 7 Comments »

Economist London on Japan’s treatment of Chinese: Welcome tourist money, work “Trainees” to death

Posted by debito on 16th July 2010

A couple of days after this issue appeared in Kyodo and on Debito.org, the Economist London had an article in its print and online version. (If Debito.org is an inspiration for your articles, may we say how grateful we are for the extended audience.) With even more research and quotes, and a comparison with another issue also recently discussed on Debito.org (how Chinese money is affecting the tourist economy), here’s the article:

Economist: MANY Japanese strive to keep up egalitarian appearances… But when it comes to the way Japan treats its nouveau riche neighbour, China, different rules apply. Two events this month betray the double standards with which Japanese officialdom treats China’s rich and poor. On July 1st Japan relaxed visa requirements for well-off Chinese tourists. It was not stated how much anyone needed to earn to apply for one. But as long as they had at least a gold credit card and a solid professional or civil-service job to go back to, they were free to come to Japan, to shop until they dropped.

Far from the bright lights of Japan’s shopping districts, however, young Chinese working in small industrial firms get anything but red-carpet treatment. On July 5th Kyodo, a news agency, reported that 21 Chinese were among 27 foreign trainees who died last year on a government-sponsored skills-transfer scheme for developing countries that over the past four years has brought in an average of 94,000 workers a year, mostly from China.

Of the 27, nine died of heart or brain diseases, four died while working and three committed suicide. A few days earlier officials confirmed that a 31-year-old Chinese trainee who died in 2008 after clocking up about 100 hours a month of overtime was the victim not of heart failure, as originally reported, but of “karoshi”, the Japanese affliction of death from overwork…

Posted in Bad Business Practices, Ironies & Hypocrisies, Japanese Government, Labor issues, Problematic Foreign Treatment | 4 Comments »

Japan Times JUST BE CAUSE column July 6, 2010: “Japan’s hostile hosteling industry”: how government agencies want NJ tourists yet are accessories to excluding them

Posted by debito on 7th July 2010

As you may know, Japan has no national civil or criminal legislation outlawing and punishing racial discrimination, meaning businesses with “Japanese only” signs aren’t doing anything illegal.

Problem is, I’m not sure it would matter if such a law existed.

To illustrate, consider one business sector that — technically — cannot exclude customers by race or nationality: hotels. … However, the Hotel Management Law is frequently ignored. Quick online searches (try Rakuten or Jalan) soon uncover hotels either outright refusing non-Japanese (NJ) lodgers, or, more circumspectly, those that say, “We don’t take reservations from NJ without addresses in Japan” (which is still unlawful).

Furthermore, when a government agency allows — even promotes — the systematic exclusion of NJ clients, we have a real problem with the rule of law in Japan.

Consider the curious case of the Fukushima Prefectural Tourist Association ( www.tif.ne.jp ). In September 2007, I was notified that their English site was offering member hotels two preset options for “acceptance of foreigners” and “admittance of foreigners” (whatever that difference may be). Of the 142 hotels then listed, 35 chose not to accept or admit NJ customers….

Let’s connect some dots: We have public policies working at cross-purposes. The Ministry of Land, Infrastructure, Transport and Tourism wants more NJ to visit and pump money into our economy, with Japan relaxing visa requirements for mainland Chinese tourists as of July 1. Yet the Ministry of Justice and other law enforcement agencies just want to keep policing NJ, and that includes deputizing hotels. This is why since 2005 they’ve been demanding hotels photocopy all NJ passports at check-in — again, unlawful (Zeit Gists, Mar. 8 and Oct. 18, 2005). Of course, this assumes that anyone pays attention to the laws at all.

Japan’s lack of legal support for hapless NJ tourists (not to mention residents) — who face unfettered exclusionism precisely where the HML says they shouldn’t — are thus finding local government bodies conspiring against them…

Posted in Articles & Publications, Bad Business Practices, Bad Social Science, Cultural Issue, Exclusionism, Human Rights, Ironies & Hypocrisies, Japanese Government, Japanese police/Foreign crime, Media | 19 Comments »

Japan Times & Kyodo: Foreign “trainees” dying at rate of two to three a month, takes two years for one to be declared “from overwork” (karoushi), more than a quarter from “unknown causes”

Posted by debito on 6th July 2010

Kyodo: Twenty-seven foreign nationals who came to Japan for employment under a government-authorized training program died in fiscal 2009, the second worst figure on record, government officials said Monday. The number was the second largest, following the 35 foreign nationals who died in fiscal 2008. This could trigger moves toward revising the government program, first launched in 1993, as a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages.

Separate Kyodo: A labor office in Ibaraki Prefecture will acknowledge that a Chinese national working as an intern at a local firm under a government-authorized training program died from overwork in 2008, marking the first foreign trainee “karoshi” death from overwork, sources said Friday….

COMMENTS: Taste the ironies in these articles. First, how in 2009, the death of 27 “Trainees” (i.e. people brought over by the GOJ who as people allegedly “in occupational training” don’t qualify as “workers” (roudousha) entitled to labor law protections) is only the SECOND worst figure on record. Second, how we have close to a third (as in eight NJ) of the total dying of “unknown causes” (as if that’s a sufficient explanation; don’t they have autopsies in Japan to fix that? Oh wait, not always.) Third, how about the stunning ignorance of the sentence, “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. If the Kyodo reporter had bothered to do research of his media databases, he’d realize it’s hardly “recent” at all. And it’s not being fixed, despite official condemnation in 2006 of the visa regime as “a swindle” and death after death (at a rate two to three per month) racking up. Karoushi was a big media event way back when when Japanese were dying of it. Less so it seems when NJ are croaking from it. Finally, look how it only took about two years for “a labor office” to admit that a NJ “trainee” had been worked to death, given the hours he worked that were a part of the record? Gee whiz, what Sherlocking! How many more people have to die before this exploitative and even deadly system is done away with?

Posted in Bad Business Practices, Bad Social Science, Human Rights, Ironies & Hypocrisies, Japanese Government, Labor issues, Media | 5 Comments »

Sunday Tangent: CNN: Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion

Posted by debito on 4th July 2010

For a Sunday Tangent, here is a hard-hitting article (thanks CNN) showing how activism against a corrupt but entrenched system gets treated: Detention and interrogation of activists, possible sentencing under criminal law, and international bodies turning a blind eye to their own mandate. Lucky for the author (and us) he is out on bail so he could write this. He wouldn’t be bailed if he were NJ. More on the IWC’s corruption in documentary The Cove — yet another reason why the bully boys who target people’s families (yet don’t get arrested for their “activism”) don’t want you to see it.

Sato opens with: After just two days of closed-door negotiations, the leaders who had gathered at the International Whaling Commission in Agadir, Morocco, announced no agreement was reached on the IWC chair’s proposal to improve whale conservation.

Greenpeace did not support the proposal, but we had hoped governments would change it to become an agreement to end whaling, not a recipe for continuing it.

It is particularly disappointing to me, because my professional commitment to end the whale hunt in my country of Japan — which led to the exposure of an embezzlement scandal at the heart of the whaling industry — has come at significant personal cost.

The investigation I conducted with my colleague, Toru Suzuki, led to our arrests in front of banks of media outlets who had been told about it in advance.

The homes of Greenpeace office and staff members were raided. Seventy-five police officers were deployed to handcuff two peaceful activists. We were held without charge for 23 days; questioned for up to 10 hours a day while tied to chairs and without a lawyer present. We are now out on bail awaiting verdict and sentencing, expected in early September.

If I can risk my future to bring the fraudulent Japanese hunt to an end, if whaling whistle-blowers are prepared to risk their lives to expose the corruption, how can it be that the IWC has yet again failed to take the political risk to pressure my government to end the scientific whaling sham?…

Posted in Bad Business Practices, Cultural Issue, Gaiatsu, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Tangents, United Nations | 18 Comments »

Kyodo: Police raid car scrap yards run by NJ, suspecting them as “breeding grounds for crime”

Posted by debito on 29th June 2010

Kyodo: Ten prefectural police authorities on Tuesday launched coordinated on-site inspections of around 426 car scrap facilities across the country, suspecting that the facilities, run mostly by foreigners, could be breeding grounds for crimes such as vehicle theft, auto parts smuggling and harboring illegal immigrants.

The inspections were conducted based on the antique dealings law, the immigration law, the building standards law and other legislation, with the participation of immigration authorities and some local governments. Of the 426 facilities, 14 were raided based on warrants issued by courts.

Investigators said the raids are part of Japan’s efforts to tighten security ahead of a meeting of government leaders from Asia-Pacific rim countries in Yokohama in November, as some of the facilities could be linked to international terrorist groups.

The inspections and raids had led to the arrest of seven foreigners including Iranians, Ghanaians, Vietnamese and Chinese in Kanagawa, Saitama, Tochigi and Chiba prefectures on suspicion of violating the immigration law, police said.

COMMENT: My main one is that the majority of the raids were conducted without warrants, something I’m not sure would be permissible at Japanese-run chop shops without a suspicion of a crime. NJ, however, fall under immigration law, meaning they are more vulnerable to random search for suspected visa violations (and oh by the way we’ll check the business you run too while we’re at it). I don’t know much about the subject (or the market), so those who do please feel free to fill us in.

Posted in Bad Business Practices, Japanese police/Foreign crime | 6 Comments »

Canada spending even more than Japan this time on G8/G20 summits. However, controversy ensues.

Posted by debito on 22nd June 2010

Economist London: FOR all his gifts as a political tactician, Stephen Harper, Canada’s Conservative prime minister, may have miscalculated how much Canadians want to pay to host the G8 and G20 summits from June 25th to 27th. As the government struggles to close a large budget deficit, it is spending C$1.2 billion ($1.2 billion) to host the world’s leaders—60% more than Japan, the previous record holder, coughed up for the G8 gathering in Okinawa in 2000.

Canadian Press: Auditor General Sheila Fraser is ready to look at the huge security costs for the G8 and G20 summit meetings next month. ”Once the events have occurred and the spending has occurred we can look to see if it was done appropriately,” she told CTV’s Question Period on Sunday.

COMMENT: Let’s see how a vetting media works. Investigating journalists uncover money being wasted and tell the public about it. Few apparent fears in the domestic media about spoiling the party for our international guests. And no apparent trampling on civil liberties. Should happen in Japan too, as we have freedom of the press. But no, check out what happened the last two times Japan hosted G8 Summits (here and here). I think it’s about time we stopped this corrupt nonsense. It’s like holding an Olympics every year in a sparkling new venue, except nobody can attend but government elites. Pigs at the trough.

Posted in Bad Business Practices, Cultural Issue, Hokkaido Toyako G8 Summit 2008, Ironies & Hypocrisies, Japanese Government, Media | 10 Comments »

Asahi has whiny article on how Chinese tourists don’t spend properly

Posted by debito on 19th June 2010

The Asahi opines and whines: China tourists stingy in some areas

Japanese businesses and local governments that have gone all out to win over the throngs of Chinese tourists are finding that their guests can be a frugal bunch at times.

The Chinese tourists have shown a tendency to scrimp on accommodations and meals and bypass tourist attractions for the main purpose of their trips–buying electronic appliances and designer brand clothing and accessories.

In Fukuoka, where 66 cruise ships from China are scheduled to call port this year, city officials have estimated an economic windfall of 2.89 billion yen from the Chinese visitors.

But according to a travel agency official in the city, the cruise ships moor in Fukuoka for only about 10 hours, and most tourists are more interested in shopping than taking in the sights. The central government has eased visa requirements for individual tourists and increased promotion campaigns to lure more Chinese tourists to Japan. But experts say this may not be enough to spread the wealth.

COMMENT: Chinese spend too much of their time SHOPPING! Heavens to Murgatroyd! I think Japan’s media in this economic climate should be happy that rich Chinese are coming here to spend at all (and not staying on to trouble Japanese society through illegal overstays); they’re already being sequestered in some places. But no, we’ll get the grumbles that they’re not getting out enough anyway. What would be the perfect tourist in Japanese media eyes, I wonder?

Posted in Bad Business Practices, Cultural Issue, Ironies & Hypocrisies, Japanese Government, Media | 14 Comments »

Toyoko Inn opens “exclusively Chinese” hotel in Susukino Sapporo, refuses Japanese and other NJ; media ignores questionable legality

Posted by debito on 10th June 2010

Dovetailing with the recent Debito.org posts showing China’s increasing domestic influence over Japan’s economics (here and here), below we have some newspaper articles (Japanese, couldn’t find English anywhere) noting that Toyoko Inn has opened a new hotel complex in Sapporo Susukino that caters exclusively to Chinese. The Nikkei and the Yomiuri call it “Chuugokujin sen’you hoteru” below, smacking of the “Nihonjin Sen’you Ten” wording used for signs in Russian excluding all foreigners entry from businesses in Monbetsu, Hokkaido (i.e. only Chinese are allowed to stay in this hotel). Local Doshin only mildly mentions they are “Chuugokujin muke” (catering to Chinese).

I’m pretty torn by this development. On one hand, here is an unusually progressive business initiative in hiring and catering to NJ (with nary a mention of all the “different culture resulting in the inevitable frictions” that was a undercurrent of much domestic reporting about, say, Australians investing in Niseko). Supply and demand, you might say, who cares if the money is from Chinese. Fine.

On the other hand, however, we have the Balkanization of the hotel industry, with NJ being assigned their own special gated community (in violation of Japanese law; choosing customers by nationality is unlawful under the Hotel Management Law), with again nary a question about the legality.

And again, this is the Toyoko Inn, with its history of special policies for racial profiling and declining hotel rooms (or threatening to) to “foreigners”, including residents and naturalized citizens, who do not show their Gaijin Cards. Not to mention embezzling GOJ funds earmarked for handicapped facilities.

In short, I smell a rat. Yet more opportunism and questionable legal practices by Toyoko Inn. I’d recommend you not patronize them, but then again, unless you’re a Chinese reading this, you probably can’t stay at the hotel in question anyway.

UPDATE: Called Toyoko Inn. Yes, they accept only Chinese guests. All other NJ and Japanese (yes, Japanese) are refused lodging.

Posted in Bad Business Practices, Exclusionism, Media, Problematic Foreign Treatment, 日本語 | 50 Comments »

Reuters: Showings of Oscar-winning documentary The Cove cancelled in Japan due to threat of protest

Posted by debito on 8th June 2010

Reuters: Tokyo screenings of “The Cove,” an Oscar-winning documentary about a grisly annual dolphin hunt have been canceled over planned protests by conservatives who say the film is anti-Japanese, the distributor said on Saturday…

Planned showings of the film at two cinemas in Tokyo this month have been canceled because of fears the protests might inconvenience movie-goers and others, according to Unplugged, the Japan distributor.

Screenings at one Osaka theater have also been called off, but Unplugged is still in negotiations to show the movie at 23 venues around the country this summer, said a spokeswoman for the company, who asked not to be named.

Unplugged has received threatening phone calls and protesters have gathered outside its offices, she said.

“‘The Cove’ is absolutely not an anti-Japanese film,” Takeshi Kato of Unplugged said in a faxed statement. “I believe a deep and constructive debate is needed about the content of the film.”

COMMENT: Here we go again. Something critical of Japan becomes derided as “anti-Japanese” and is threatened if it gets shown in Japan. This society has to learn that criticism of Japan is actually good for Japan, and that bully boys who want to suppress healthy debate about an issue should be ignored or criticized themselves as unhealthy and unconstitutional. Yet protests by The Left go ignored because they probably won’t get violent, while protests by The Right just might, and the police won’t prosecute if they do. Hence the incentive to become violent is there for the bullies, and they get even more power through intimidation. Canceling showings of a controversial movie like this just strengthens the bullies and helps them proliferate.

Posted in Bad Business Practices, Cultural Issue, Discussions, Exclusionism, Ironies & Hypocrisies, Media | 34 Comments »

Claiming workplace harassment is “The Japanese Way” costs Eikaiwa GEOS in NZ NZD 190,000 in court

Posted by debito on 5th June 2010

NZ Herald: The boss of a multi-national English language school in Auckland has been awarded $190,000 after an employment tribunal dismissed claims he was used to being treated “the Japanese way”.

David Page was stripped of his job as regional director of GEOS New Zealand at a conference in 2008 and demoted to head of the company’s Auckland language centre.

In April last year, he was fired by email after being given “one last chance” to make the school profitable.

Page launched an unfair dismissal claim against GEOS, which comes under the umbrella of the GEOS Corporation founded by Japanese businessman Tsuneo Kusunoki.

But the company responded by claiming that Page “accepted understanding of the ‘Japanese way’ of doing business”. They went on to say he was used to Kusunoki “ranting”, “berating” and “humiliating” people “so this was nothing new”.

But the Employment Relations Authority said the company’s failings were “fundamental and profound”.

Member Denis Asher said the final warning was “an unscrupulous exploitation of the earlier, unlawful demotion”. He said: “A conclusion that the ‘Japanese way’ already experienced by Mr Page was continuing to be applied is difficult to avoid.”

COMMENT: GEOS forgot this ain’t a Japanese courtroom where this actually might wash. They lose. Just goes to show you that what are considered working standards in Japan towards NJ (or anybody, really) aren’t something that will pass without sanction in other fellow developed societies. Attitudes like these will only deter other NJ from working in Japanese companies in future. Idiots.

Posted in Bad Business Practices, Ironies & Hypocrisies, Labor issues, Lawsuits, Problematic Foreign Treatment, Shoe on the Other Foot Dept. | 8 Comments »

Former J employees sue Prada for sexual and power harassment, TV claims “racial discrimination”

Posted by debito on 19th May 2010

In an interesting twist to the whole “racial discrimination” issue in Japan, we have Japanese managers suing their former employer, world-famous luxury brand maker Prada, for alleged workplace sexual and power harassment, and “lookism” (i.e. treating people adversely based upon their “looks”).

Good, in the sense that people who are treated badly by employers don’t just take it on the chin as usual. But what makes this a Debito.org issue is the allegation, made by at least one morning Wide Show (“Sukkiri” last Monday, May 17), is that the companies are practicing “racial discrimination” (jinshu sabetsu).

Funny thing, that. If this were a Japanese company being sued for harassment, there would be no claim of racial discrimination (as race would not be a factor). But this time it’s not a Japanese company — it’s Prada. Yet when NJ or naturalized Japanese sue for racial discrimination (as they did in the Otaru Onsen Case), the media would NEVER call it “racial discrimination”, merely “cultural misunderstandings” and the like.

Another example of the Japanese media saying racism is only something done TO Japanese, never BY Japanese?

Posted in Bad Business Practices, Human Rights, Ironies & Hypocrisies, Labor issues, Media, Shoe on the Other Foot Dept. | 12 Comments »

Takasago Hotel, Fukushima-ken, has “rooms all full” if lodger is NJ

Posted by debito on 12th May 2010

As a follow-up with the exclusionary hotels (and the prefectural tourist agency that promotes them) in Fukushima-ken, here we have one person’s experience the other day getting refused at one of them, by being told that there were no rooms available (meaning they get around the Hotel Management Law that forbids refusing people for reasons such as being a customer while NJ). Discriminators are getting more sophisticated, so it looks like we have to have native Japanese make reservations at some Japanese hotels on our behalf. Sheesh.

Posted in Bad Business Practices, Exclusionism | 11 Comments »

Terumi Club refuses NJ for travel fares and tours, has cheaper fares for Japanese Only. Like H.I.S. and No.1 Travel.

Posted by debito on 11th May 2010

Speaking of “Peter Rabbit Taxes” for Japanese tourists: Here we have more information about Japanese travel agencies overcharging, surcharging, or refusing to sell tickets at all to NJ. Tellmeclub.com is offering different prices based upon nationality, according to A and J below. Contrast with H.I.S. and No.1 Travel doing the same thing back in 2006, despite their claims that they would stop.

Do watch yourself when dealing with travel agents in Japan. Check pricing at the agency’s website after you get an estimate, and don’t buy on the spot. Charging different fares by nationality, according to my investigations back in 2006, is not allowed by the Ministry of Transport. But it happens in Japan, it seems quite unabated.

Posted in Bad Business Practices, Exclusionism, Problematic Foreign Treatment, 日本語 | 49 Comments »

Debito.org Recommends: “LANDED: The Guide to Buying Property in Japan”, By Christopher Dillon; Tokyo book tour next week

Posted by debito on 5th May 2010

Earlier this year I was forwarded a manuscript by a Mr Christopher Dillon, entitled “LANDED: The Guide to Buying Property in Japan”. I liked it so much that I’m recommending it here on Debito.org. As I say within the inside cover:

“Dillon’s book is so good that while reading it, I felt like I was an adult in a toy store: Envious of the stuff kids have now that I would have loved to have as a kid. If only I had the information in this book when I was building my house in the 1990s, I wouldn’t have ended up with the financial albatross I have now! LANDED is an essential resource for anyone considering buying the most expensive consumer good in one of the most expensive (and tricky) housing markets in the world. It’s even a good read!”

As per the spirit of Debito.org (which seeks to help and empower people in Japan), and in the spirit of my first Housebuilding in Japan Essays I wrote more than a decade ago, I wholeheartedly recommend this book to anyone looking to settle down for good in Japan. Here are some cover and table of contents scans, and information about the author’s Tokyo book tour next week:

Posted in Articles & Publications, Bad Business Practices, Immigration & Assimilation, Practical advice | 16 Comments »

GEOS Bankruptcy and G-Education takeover: Internal document forwarded to Debito.org stating staff not getting back wages

Posted by debito on 28th April 2010

I’m sure you’ve heard about the next great pop in the Eikaiwa Bubble in Japan, the bankruptcy of GEOS this month. Looks like there be a similar takeover and people left without jobs or remuneration for past work, so people in the industry, heads up. I was forwarded this morning the following internal email from GEOS, and those in the know might be able to explain better here or elsewhere what this all means. FYI.

Posted in Bad Business Practices, Education, Labor issues | 12 Comments »

Sunday Tangent: Japanese porkbarrel airports as “infrastructure in a vacuum”, and how JR duped me into buying a train ticket to nowhere

Posted by debito on 4th April 2010

Weekend tangent: Here’s a funny little story about an adventure I had yesterday getting to Hanamaki Airport from Tokyo in order to fly back to Sapporo (long story). It turns out that the JR train station labelled “Hanamaki Airport Station” doesn’t actually go to Hanamaki Airport. In fact, no public transportation, save specially-prepared busses to Morioka, actually service the airport. It’s one fascinating example of how porkbarrel politics create infrastructure in a vacuum in Japan, and how Japan Railways duped me into buying a ticket to nowhere.

Posted in Bad Business Practices, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Tangents | 10 Comments »

More anti-NJ scare posters & publications, linking PR suffrage to foreign crime and Chinese invasion

Posted by debito on 15th March 2010

Following up on some previous Debito.org posts (here and here) on how the debate on NJ PR suffrage has devolved into hate speech, here is how bad it’s getting. We have anonymous flyers appearing in people’s snailmailboxes accusing NJ of being criminals (and linking it to not granting suffrage), fomenting anti-Chinese sentiment with threats of invasion and takeover, and even a book capitalizing on the fear by saying that granting NJ the vote will make Japan disappear. Read on to see scans:

This is why we need laws against hate speech in Japan — to prevent the knock-on effects of fear by anonymous bullies being further fanned by the profit motive and marketing sharks.

Posted in Bad Business Practices, Bad Social Science, Exclusionism, Hate Speech and Xenophobia, Immigration & Assimilation, 日本語 | 20 Comments »

Asahi: Prof pundit on Toyota uses “culture” benkai to explain recall issues

Posted by debito on 14th March 2010

Debito.org Reader BT commenting about culture once again being invoked as a defense:

Here’s an interview about Toyota recalls in the US, with “Hideo Kobayashi, a visiting professor at Yokohama National University’s Center for Risk Management and Safety Sciences”. I’m talking specifically about these two quotes:

“Q: Wasn’t Toyota’s confidence in product quality one of the factors that led to its sloppy handling of the situation?

A: Can what people in Japan consider “good quality” be also considered good in the United States, which has a more diversified population?

Japanese people generally have high driving skills and similar physical features. But the United States, whose society was more or less built by immigrants, has people with various physical features and behavioral patterns. To get a driver’s license, you don’t need the sort of skills that are required in Japan..”

(The “we’re superior” routine)

And,

“Q: Some say the reaction to Toyota’s problems has an aspect of “Japan bashing” about it. What is your view?

A: With American companies such as General Motors Corp. going under and Toyota doing well in sales, there naturally is an aspect of Japan bashing. But this is something that has to be overcome.”

(The “poor, poor Japan” routine)…

Posted in Bad Business Practices, Bad Social Science, Cultural Issue, Gaiatsu, Ironies & Hypocrisies, Media, Tangents | 28 Comments »

Newsweek column: “Toyota and the End of Japan”

Posted by debito on 8th March 2010

Newsweek’s Devin Stewart: Japan was morbidly fascinated by the spectacle of Toyota president Akio Toyoda apologizing to the U.S. Congress for the deadly defects that led to the recall of 10 million of its cars worldwide. The appearance of the “de facto captain of this nation’s manufacturing industry,” as Japan’s largest newspaper referred to Toyoda, seemed to symbolize a new bottom for a nation in decline. Once feared and admired in the West, Japan has stumbled for decades through a series of lackluster leaders and dashed hopes of revival. This year, Japan will be overtaken by China as the world’s second-largest economy. Through it all, though, Japan could cling to one vestige of its former prestige: Toyota—the global gold standard for manufacturing quality.

And now this. Toyota is getting lampooned all over the world in cartoons about runaway cars. Japan’s reputation for manufacturing excellence, nurtured for half a century, is now in question. Shielded by the U.S. defense umbrella after World War II, Japan focused its energy and money on building up only one aspect of national power: quality manufacturing. A foreign policy commensurate with Japan’s economic strength was subordinated to industrial policies aimed at creating the world’s best export factories. No matter how quickly Chinese and South Korean rivals grew, Japan could argue that its key competitive advantage was the quality of its brands. “Toyota was a symbol of recovery during our long recession,” says Ryo Sahashi, a public-policy expert at the University of Tokyo. Now Toyota’s trouble “has damaged confidence in Japanese business models and the economy at a time when China is surpassing us.”…

Posted in Bad Business Practices, Cultural Issue, Discussions, Japanese Government, Tangents | 14 Comments »

Freechoice.jp: MOJ removes “health insurance” as guideline for visas

Posted by debito on 5th March 2010

Time for some good news, for a change. After some negotiations, the MOJ has dropped the requirement that people be enrolled in Japanese health insurance programs. So sez Freechoice.jp below.

Now, while I acknowledge that this source has a conflict of interest (being funded by the very overseas agencies that want to sell health insurance, meaning their motives are not altruistic; its claim that they are the only news source on this is a bit suss too, given the Japan Times reported this development last February), this requirement for visas would have forced many people, who hadn’t paid in due to negligent employers, to back pay a lot of money just for a visa renewal. That it is no longer a requirement is good news, and now that we have formal acknowledgment of such in writing from the GOJ is the final nail.

Posted in Bad Business Practices, Gaiatsu, Good News, Japanese Government, Problematic Foreign Treatment | 30 Comments »

Emily Homma on Filipina nurses in Japan being abused by GOJ EPA visa program

Posted by debito on 2nd March 2010

Emily Homma reports: “EPA Foreign Nurses and Caregivers Working in Japan Urgently Need Help

The Economic Partnership Agreement of Japan (EPA) with other countries, especially with the Philippines (JPEPA), has placed many Filipino nurses and caregivers working in Japan in a miserable situation where they are subjected to unfair labor practices, extreme pressure to study kanji, and poor salaries.

When they arrived in Japan in May 2009, the Filipino nurses and caregivers were glad to be finally given the opportunity to serve Japanese society as hospital workers. However, after only six months of Nihongo study and three months of hospital work in hospital, the Filipino nurses along with their Indonesian counterparts have been suffering from various hardships not only from unfair work policies, low salaries, and local workers’ rejection but also from strong pressure to master medical-nursing kanji and the Japan nursing system. It is a system that, unfortunately for the foreign workers, only those with high level-Grade 12 Japanese training or nursing graduates could understand.

Specifically, the Filipino nurses find themselves in the following extremely frustrating situations that leave them no choice but contemplate leaving Japan soon:…

Posted in Bad Business Practices, Cultural Issue, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Labor issues, Problematic Foreign Treatment | 33 Comments »

Comfort Hotel Nagoya unlawfully tries Gaijin Card check on NJ resident, admits being confused by GOJ directives

Posted by debito on 26th February 2010

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

Posted in Anti-discrimination templates/meetings, Bad Business Practices, Fingerprinting, Targeting, Tracking NJ, Japanese Government, Practical advice | 42 Comments »

DailyFinance.com: McDonald’s Japan loses big, shutting 430 outlets, thanks in part to “Mr James” campaign

Posted by debito on 12th February 2010

Article: McDonald’s Corp. (MCD) is closing 430 restaurants in Japan, the latest sign of the faltering economy in the Asian country… The Golden Arches has been struggling in Japan for a while. Last year, a marketing campaign featuring “Mr. James,” a geeky, Japan-loving American, was denounced as an offensive flop, according to Time.com. McDonald’s has tried to appeal to Japanese tastes with wassabi burgers, chicken burgers and sukiyaki burgers. A Texas Burger, with barbecue sauce, fried onions, bacon, cheese and spicy mustard, proved to be a hit. But consolidated sales at McDonald’s Japan fell 10.8% last year. Profit is expected to plunge 54.7% this year.

COMMENT: Kinda makes you believe in karma. Zamaa miro.

Posted in Bad Business Practices, Food, Good News | 26 Comments »

UK Independent: Toyota’s problems being pinned on foreign parts.

Posted by debito on 8th February 2010

Oh how the mighty have fallen. Toyota, once the #1 automaker worldwide (well, for a spell) after years of building on a sterling reputation created over decades for quality and service, has finally fallen to earth. I don’t think Shadenfreude is the natural order of things when titans stumble, but what I’ve always been miffed at is how little Toyota officially acknowledges the secret to their success is imported NJ workers helping them cut costs through low wages. (I could never find any official stats on how many NJ are part of the Toyota system within Japan.) I was wondering if someone would be blaming the foreigners for sloppy parts. Well, it turns out, they kinda are. Read on:

In Toyota City, recalls are blamed on foreign components
By David McNeill
The Independent (UK) Wednesday, 3 February 2010…

Posted in Bad Business Practices, Ironies & Hypocrisies, Labor issues, Problematic Foreign Treatment | 20 Comments »

NZ publisher perpetuates “Tales of Gaijin”; I have to withdraw submission due to rubric I cannot accept

Posted by debito on 14th January 2010

I was invited a little over a year ago to submit two stories to a NZ publisher, a new place called Fine Line Press, run by a jolly decent fellow I know (former head of the Tokyo Chapter of JALT) named Graham Bathgate. One story was on the Otaru Onsens Case, the other on the Top Five Things I Like About Japan. I knew the person, was happy to oblige, and we exchanged some story drafts until satisfaction about the submissions were reached on both sides.

However, in August I heard that the book would be published under the rubric of “Foreign Tales from Japan” (actually, they were originally punning on the “Tales of Genji” to make “Tales of Gaijin”. Ick). Alas, I am not a foreigner in Japan, and I said I did not want my stories to be included either under this rubric or within this concept. I have, naturally, very strong feelings about being treated as a foreigner in Japan, and I do not like publishers (and former long-termers in Japan, such as Graham) exporting the binary “Japanese vs. Gaijin” mindset to media overseas. We have enough trouble dealing with it over here without it being propagated in more liberal societies (such as NZ). Graham, IMHO, should know better, and should publish better.

So I protested and asked the rubric to be changed or my writing withdrawn. After several months of silence, I got the final word: The rubric would stand. Okay. Sad to see.

But I’m not one to let things like this go. I feel the publisher wound up pigeonholing me through imported racist paradigms. Should be known about. Here’s the main correspondence we had, for the record.

Posted in Articles & Publications, Bad Business Practices, Bad Social Science, Cultural Issue, Media | 15 Comments »

Shark updates on Toyoko Inn’s discriminatory treatment of NJ clients

Posted by debito on 13th January 2010

I’ve reported on nationwide bargain business hotel chain Toyoko Inn before, regarding their lousy treatment of me at check-in back in 2007 (when they decided to gaijinize me, and quite nastily too; my letter of complaint to HQ went unanswered), and for refusing reservations for other NJ if they don’t produce Gaijin Cards (something they are not entitled to do under laws governing Immigration or hotels). Not to mention their lousy treatment of handicapped guests (receiving GOJ subsidies earmarked for barrier-free facilities and spending it on other things). It’s a place I’ll never stay at again.

Now for an update. Over the past couple of days, a Debito.org Reader who calls himself The Shark has been sending us good reports on Toyoko Inn as comments that deserve a blog entry of their own. We aim to please. Other people with experiences (Doug also commented, and I’ll repost that too) at Toyoko, feel free.

Posted in Bad Business Practices, Problematic Foreign Treatment | 25 Comments »

Discussion: KFC Australia’s “racist” CM vs McD Japan’s “Mr James”

Posted by debito on 9th January 2010

Funny thing, this. We get KFC Australia doing a hasty retreat from its controversial commercial days after it goes viral on YouTube, and pulling it pretty quickly.

Now contrast with the ad campaign by another American-origin fast-food multinational, McDonalds. For those who don’t know, between August and November of last year McDonalds Japan had that White gaijin stereotype “Mr James” speaking katakana and portraying NJ as touristy outsiders who never fit in. More on what I found wrong with that ad campaign here.

Yet the “Mr James” ad campaign never got pulled. In fact, the reaction of some Asians in the US was, “Karma’s a bitch”, as in White people in Japan deserve this sort of treatment because of all the bad treatment they’ve foisted on Asians overseas in the past. Still others argue that we can’t expect Japan to understand the history of other countries, or how they feel about certain sentiments found overseas, and one shouldn’t foist their cultural values onto other cultures (this argument usually pops up when one sees minstrel blackface shows etc in Japan). This argument was also made in comments to this blog as well.

But KFC pulls the ad, in contrast to “Mr James”, where people rushed to defend it in the name of cultural relativism. Why the difference?

I’m not saying I have the answer to this question. So I bring it up for discussion here on Debito.org. What do readers think?

Posted in Bad Business Practices, Cultural Issue, Discussions, Food, Gaiatsu, Ironies & Hypocrisies, Media | 42 Comments »

Fukushima Prefectural Tourist Information website advertises that now 318 of its hotels refuse NJ clients

Posted by debito on 5th January 2010

While doing research over the new year, I got quite a shock when I was doing some followup on a case of exclusionary practices. I reported on Debito.org in September 2007 that Fukushima Prefecture’s Tourist Information website was advertising 35 hotels that refused NJ clients. This is one of the few business sectors that actually has explicit laws preventing refusals of customers based upon nationality alone (thanks to the Hotel Management Law), so when a government agency is even promoting “Japanese Only” hotels, you know something is rum indeed.

What’s even more rum is that even after I advised the Tourist Information Agency that what they were doing is unlawful, and they promised in writing to stop doing it, now two years later the same website is now promoting 318 (!!) hotels that refuse NJ clients. You can’t help but get the feeling that you have been lied to, and by government bureaucrats.

A brief write up, with links to sources, follows. At the very bottom are screen captures of the FTIA website evidencing the exclusionary practices.

Posted in Bad Business Practices, Exclusionism, Ironies & Hypocrisies, Japanese Government, Media, 日本語 | 56 Comments »

Tangent: Getchan on Japan Post’s recent anti-terrorism half-measures regarding parcels

Posted by debito on 4th January 2010

For the last tangent of the new year holidays, here’s Getchan with a report on his latest tribulations at the Japan Post Office, where he talks about recent measures they’ve taken to foil terrorism that are not all that well-thought-through. Not an issue that’s necessarily “NJ-related”, but for those who use the posts, here you go.

Excerpt: Next day, I found a form letter in my P.O.Box, informing me that both items had been sent surface and would thus be delayed by a day or two.

I went to see the postmaster to tell him, that this was totally useless, as – except for imminent, clear and present danger – Japan Post employees are not authorized to open and check the mail for contents.

Postmaster: “These are the new rules, airlines won’t accept parcels and flat rate envelopes for air transport, if the contents are not noted on the outside”

Me: “But they get X-rayed anyway”

Postmaster: “NO, they DON’T!” (now, was he supposed to tell me that???)

My conclusion – potential and active terrorists in Japan can be trusted in this country. If they wanted to mail a bomb and blow up a plane that way, they would have to mark “bomb” on the parcel, and that would thwart their efforts, would it not? Japanese authorities have everything under control and would be able to sort out any flat rate envelope marked “Bomb”, while the CIA lets known suspects slip thru…

Posted in Bad Business Practices, Tangents | 9 Comments »

Yomiuri: Scriveners aid illegal marriages, work

Posted by debito on 22nd December 2009

Hi Debito: OK, this is good:

“Yomiuri: Scriveners aid illegal marriages, work”

I assume that the clerks in question are going out of their way to assist foreigners in obtaining residency permits (even to the point of placing ads in newspapers) due to bribery (as opposed to benevolence), and that this behavior is motivated by said clerks’ cognizance of loopholes in the immigration control law.

If so, then there’s nothing less than a government-backed residency permit black market at work, which, I might add, shows no signs of going away — a simple to fix the problem would be to amend the immigration control law to punish the clerks as needed, but is that what’s happening? No. Instead the issue is being given superficial treatment…

Posted in Bad Business Practices, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government | 5 Comments »

The ludicrousness of Japan’s Salary Bonus System: How it contributes to Japan’s deflationary spiral

Posted by debito on 17th December 2009

Big news across Japan these past couple of days has been how the Winter Bonus has been slashed between 10 to 15 percent for bureaucrats. Some people might say, well, tough beans — these bureaucrats were being overpaid anyway, so it’s about time. The problem is that this practice is a bellwether: other industries see this as an excuse to cut their own salaries. My university (which is private-sector, but they directly cited the Bonus cuts to the national bureaucrats (kokka koumuin) as justification) cut all of our Bonuses this year and will continue to do so in perpetuity. As in: they cut our bonus multiple from 4.5 months’ salary total per year to 4.15 months’, and will not change that until the national bureaucrats revise their multiple upward.

I heard yesterday from a friend that he heard on the TV wide shows that only 14% of all people surveyed got a rise in Winter Bonus this December. Everyone else either had no change, a drop, or NO BONUS AT ALL. If this is true, and almost everyone is getting screwed by this system and losing money in real terms, it’s not just a labor issue anymore: We’re talking about a deflationary spiral, as domestic consumption decreases and domestic demand follows suit, and more companies find themselves yet again cutting Bonuses because they say they have to, but really because they can.

Conclusion: Lose the Bonus System. It is increasingly becoming a way to deprive workers of a third of their annual salary at corporate whim. And it only feeds the forces that are hurting Japan’s consumers.

Posted in Bad Business Practices, Ironies & Hypocrisies, Japanese Government, Labor issues | 51 Comments »

Mainichi: Senior Immigration Bureau officer arrested on suspicion of corruption

Posted by debito on 8th December 2009

Let’s look how deep the rot runs. It’s not just human traffickers bringing in NJ on “Entertainer Visas” sponsored by the State. It’s not just factories bringing in NJ on “Trainee and Researcher Visas” to exploit as sweatshop labor — again, sponsored by the State. It’s even now according to the Mainichi article below the Immigration Bureau profiteering, using their power for rents-seeking (in the academic sense) to skim off money again from migrants.

Although not an elixir for all these problems, an Immigration Ministry with clear immigration policies (and not mere policing powers, given how unaccountable the Japanese police are; even below an “internal investigation” has been promised; bah!) would in my view help matters.

The big losers are of course the commodities in these exchanges — people, i.e. the NJ, who are here at the whim, pleasure, and profit of the powers that be. Sickening.

Posted in Bad Business Practices, Human Rights, Ironies & Hypocrisies, Japanese police/Foreign crime, Labor issues, 日本語 | 3 Comments »

Advice re Japan Law Society, Tokyo/Osaka association of NJ lawyers: they really won’t pay you if they invite you to speak

Posted by debito on 29th November 2009

I gave a seminar for the Japan Law Society in Osaka a year ago, something that was even applied for legal profession education credit overseas. Checking my records recently I realized I never got paid anything for it. Contacted, they replied that they never were going to pay me anyway (not even the general minimum standard in Japan of 5000 yen for travel expenses).

More fool me, you might say, for accepting the invitation. I guess the lesson to be learned here is that when the Japan Law Society invites you as a speaker and then says it will not pay you, take it seriously. It won’t. But that’s in my opinion quite unprofessional and deserves to be known about. Professionals who want related professional assistance should be willing to compensate the provider for the service. That’s how the system works when professionals are involved.

Posted in Bad Business Practices, Education, Ironies & Hypocrisies, Tangents | 24 Comments »

NPR interview with Jake Adelstein, author “Tokyo Vice”, on how police and laws do not stop NJ human trafficking in Japan

Posted by debito on 16th November 2009

Jake Adelstein, whose new book TOKYO VICE just came out, was interviewed on America’s National Public Radio program “FRESH AIR” on November 10, 2009. What follows is an excerpt from their podcast, minute 23:45 onwards, which talks about how domestic laws hamstring the NPA from actually cracking down on human trafficking and exploiting NJ for Japan’s sex trades. Jake’s work in part enabled the US State Department to list Japan as a Tier-Two Human Trafficker, and got Japan to pass more effective domestic laws against it.

Read on to see how the process works in particular against NJ, given their especially weak position (both legally and languagewise). If NJ go to the police to report their exploitation, it’s the NJ who get arrested (and deported), not the trafficker. And then the trafficker goes after the NJ’s family overseas. Glad people like Jake are out there exposing this sort of thing.

Posted in Bad Business Practices, Fingerprinting, Targeting, Tracking NJ, Gaiatsu, Human Rights, Injustice, Japanese Government, Japanese police/Foreign crime, Labor issues, Problematic Foreign Treatment | 16 Comments »

UPDATE: Kyoto Tourist Association replies, tells Kyoto hotel “Kyou no Yado” to stop “Japanese speakers only” rules

Posted by debito on 14th November 2009

Regarding an issue I blogged here about earlier this week, about a hotel named “Kyou no Yado” that advertised on its Rakuten Travel listing that it would refuse any customer who did not speak Japanese, an update:

I contacted the Kyoto Tourist Association, the Kyoto City Tourism Board, and the National Tourism Agency in Tokyo about this issue with handwritten letters last Monday. I received a letter yesterday sokutatsu (included below) from the Kyoto Tourist Association, as well as a personal phone call yesterday afternoon from a Mr Sunagawa there, who told me the following:

The hotel was indeed violating the Hotel Management Law (which holds that people may only be refused lodgings if all rooms were booked, there was threat of contagious disease, or endangerment of “public morals”) by refusing people who could not speak Japanese,

The hotel was hereby advised by KTA to change its rules and open its doors to people regardless of language ability,

The hotel did not protest, and in fact would “fix” (naosu) its writeup on its Rakuten Travel entry,
The hotel hasn’t gotten to it yet, but assuredly would. (It still hasn’t as of this writing.)

I asked what was meant by “fix”, and whether the language would just be shifted to find another way to refuse people again in violation of the Hotel Management Law. Mr Sunagawa wasn’t sure what would be done, but they would keep an eye on it, he said.

Mr Sunagawa was very apologetic about my treatment, especially given the rudeness of Kyou no Yado’s written reply, and hoped that I would consider coming back to Kyoto soon and not have an unfavorable impression of it.

Posted in Anti-discrimination templates/meetings, Bad Business Practices, Exclusionism, Good News, Japanese Government, 日本語 | 21 Comments »

Tangent: Korea Herald: Attitudes in Korea towards budget travelers: open up love hotels?

Posted by debito on 12th November 2009

In light of the recent discussion we’ve been having about Japanese hotels and some of their attitudes towards international travellers (many hotels refuse NJ or non-J speakers outright, claiming their lack of ability to provide service), contrast with the situation in Korea and one columnist’s proposal.

KOREA HERALD: There’s been some talk about hotels and motels in the news recently, especially since Lee Charm, head of the Korea Tourism Organization, was criticized by a member of parliament for the country’s failure to provide budget accommodation to international travelers. One English-language paper indirectly quoted the lawmaker as saying “the nation is helpless in the face of the aggressive invasion of foreign budget hotels” and then said that one reason Korea can’t attract and keep foreign tourists is because accommodation is unsatisfactory…

An option I’ve always enjoyed is motels. You’ll rarely find information about them in English, but they’re certainly popular among Koreans – one recent estimate said there are 31,000 – and the newer ones are clean, conveniently-located, nicely-equipped, and a fraction of the cost of a tourist hotel…

This means international tourists must rely on the few tourist hotels that have English, Chinese or Japanese-language webpages, the few places that will show up on an internet search. These places are often two or three times as expensive as a motel room, though, and often not as nice. Amenities are frequently old, dirty, and disappointing. Guests often book rooms under the assumption that the hotel is in a convenient location, but arrive to find it’s in the middle of nowhere or in a seedy neighborhood. Likewise foreign-language travel websites will advertise restaurants, bakeries, and bars on the premises, though those who have seen the hotels in person will find no such features.

Posted in Anti-discrimination templates/meetings, Bad Business Practices, Exclusionism, Practical advice, Tangents | 10 Comments »

“Japanese speakers only” Kyoto exclusionary hotel stands by its rules, says it’s doing nothing unlawful

Posted by debito on 10th November 2009

As is my wont, I don’t like to leave exclusionary business practices alone. Even if that means letter writing and cajoling people to cease a bad habit. What gets me is when even cajoling doesn’t work, and the cajoled turns uncharacteristically rude towards a paying customer. Then I get mad.

Background: Last October, I attended a writers’ conference in Kyoto, and discovered that even in September just about all hotels in Kyoto were booked (it was approaching peak fall color season). The only one left was a place in Fushimi that advertised online that they refused anyone who could not speak Japanese. This is, by the way, contrary to the Hotel Management Law (Ryokan Gyouhou, which can only refuse customers if all rooms are taken, or if there is a health or a “public morals” problem).

I tried to vote with my feet and find alternative accommodation, but wound up having no choice, and made the reservation with the Fushimi place. I did, however, the night before going down, find last-minute alternative accommodations at an unexclusionary hotel (at more than double the price). Then I paid in cash by post to the Fushimi place the sizeable cancellation fee for the last-minute switch.

But I also enclosed a handwritten letter telling them why I cancelled, expressing my discontent with the rule that people would be refused for a lack of Japanese language ability (what with this tourist town, there are always ways to communicate — including speaking electronic dictionaries; how does one judge sufficient “language abilities”? and what about deaf or mute Japanese? etc. etc.). I also asked them to repeal this exclusionary rule, pointing out that it was an unlawful practice.

I got a rude reply back. Without addressing me by name, I got a terse letter without any of the formal aisatsu or written tone that a customer-client relationship in this society would warrant. It also included further spurious insinuated logic that since they couldn’t speak any foreign languages, this business open to the public was somehow not bound to provide service to the general public. They also categorically denied that their rules are unlawful, coupled with the presumptuous claim that since they didn’t refuse me it was odd for me to feel any disfavor with their system. And more. In other words, thanks for your money, but we can do as we please, so sod you.

Now I’m mad. I sent this exchange off yesterday with a handwritten note to the Kyoto City Government Department of Tourism and the Kyoto Tourist Association, advising them to engage in some Administrative Guidance. The latter organization has already told me that they are a private-sector institution, and that since this hotel is not one of their members they have no influence in this situation. And if the city does get back to me (I’ve done this sort of thing before; government agencies in Japan have even abetted “Japanese Only” hotels), I’ll be surprised. But I’m not letting this nasty place slide without at least notifying the authorities. This is just one more reason why we need a law against racial discrimination.

Posted in Bad Business Practices, Exclusionism, Japanese Government, Problematic Foreign Treatment, 日本語 | 44 Comments »

Mainichi: Chinese trainees file complaint with labor bureau over 350 yen per hour overtime

Posted by debito on 30th October 2009

Mainichi: According to the complaint and other sources, the [Chinese "Trainee"] women each worked as many as 209 overtime hours per month, and about 2,000 hours per year. The 350-400 yen per hour the women claim they were paid for that overtime falls short of Nagasaki Prefecture’s minimum wage of 629 yen per hour, and well below the standard set by the Labor Standards Act, which requires employers to pay 1.25-1.6 times the regular wage for overtime.

The women claim that during busy periods they each worked from 8 a.m. to 12 a.m., and sometimes did not have a single day off per month. They apparently signed a contract paying them a monthly salary based on the minimum wage, but that excluded provisions for overtime. Working an average of 173 hours per month at the minimum wage would equal a monthly paycheck of about 110,000 yen.

However, the women claim that the company told them their pay was being directly deposited in their bank accounts and did not show them the payment details. Furthermore, the company held both the women’s bankbooks and passports. The company president also apparently checked the clock whenever one of the women went to the washroom and deducted that time from their breaks.

Posted in Bad Business Practices, Human Rights, Japanese Government, Labor issues, 日本語 | 12 Comments »

Mainichi: Numerous foreign trainees forced to work under harsh conditions in Japan, even to death

Posted by debito on 29th October 2009

Mainichi: The Justice Ministry has confirmed that a record 452 companies and other organizations that accepted foreign trainees were involved in illegal practices last year. About 60 percent of them involve violations of labor-related laws, including unpaid wages and overtime allowances.

A survey conducted by the Japan International Training Cooperation Organization (JITCO) has found that a record 34 trainees died in fiscal 2008. Nearly half, or 16 of them, died of brain and heart diseases that are often caused by long working hours. Experts say that there is a high possibility that they died from overwork.

With the amendment to the Immigration Control and Refugee Recognition Law, labor related laws, which had applied to foreign trainees from their second year, now apply to those in their first year of training. As a result, it is now guaranteed that foreign trainees can sign proper employment contracts with their employers, just like Japanese workers.

The government is poised to revise its regulations to inspect companies that accept foreign trainees at least once a month to see if their working conditions are legal as well as stiffen penalties for businesses involved in illegal labor practices and strictly examine the terms of contracts between foreign trainees and employment agencies in their home countries.

However, support groups question the effectiveness of these measures, pointing out that many of those in their second year of training are subjected to illegal labor practices.

Posted in Bad Business Practices, Human Rights, Japanese Government, Labor issues, Problematic Foreign Treatment, 日本語 | 7 Comments »

Tangent: Microsoft apologizes for photoshopping out black man from its Poland advertising. Contrast with McDonald’s Japan “Mr James”

Posted by debito on 28th October 2009

Bit of a tangent but not really. Here’s what happens when another multinational apparently caters to “regional sensibilities” — this time Microsoft photoshopping out an African-American in one of its ads to cater to a Polish audience.

Contrast with “Mr James”. We see none of the cultural relativity that the whole McDonald’s Japan “Mr James” issue got (or even claims of “just-deserts” from certain parties). And Microsoft even apologizes — something McDonald’s Japan has steadfastly refused to do (and still runs the “Mr James” campaign to this day; fortunately it finishes shortly). Any theories behind the difference?

Posted in Anti-discrimination templates/meetings, Bad Business Practices, Cultural Issue, Discussions, Ironies & Hypocrisies, Media, Tangents | 9 Comments »

McDonald’s “Mr James” in 週刊金曜日:「白人」への偏見を助長 マックCMに抗議の声

Posted by debito on 11th October 2009

日本マクドナルドが八月から展開しているNIPPONALL STARSキャンペーンのキャラクター「Mr. ジェームス」に対し、「偏見と固定観念に満ちたガイジン像」と在日外国人らが抗議している。

白人扮するMr. ジェームスは架空の人物で、「昔訪れた日本の魅力を忘れられず娘の留学についてきたオハイオ生まれの四三歳」との設定。バーガーを味わうために全国を回り、その様子を、カタカナとひらがなの奇妙な日本語で日々ブログにアップしている。

人種差別と指摘される点は、彼のカタカナ日本語と「元気なオタク」のイメージ。NPO法人日本永住帰化移民住民協会の有道出人会長は、「外国人は日本語を話すことができない、という印象を強めるだけ。彼の外見も、日本在住の白人には恥ずかしいもの。努力して日本語を学び、長年ここに暮らしても、所詮“ガイジン”扱いしかされない。国際感覚があまりにも欠如し、子どもに与える影響も大きい」と憤慨する。

Posted in Articles & Publications, Bad Business Practices, Cultural Issue, Immigration & Assimilation, Media, 日本語 | 10 Comments »

Letter to San Francisco Human Rights Commission re Japan Times letter to the editor from exclusionary landlord

Posted by debito on 10th October 2009

Here’s a letter I emailed to San Francisco two days ago re a Letter to the Editor of the Japan Times. The author claims to engage in discriminatory practices in the US. If he is a real person, at a real company, then let’s hope San Francisco’s Human Rights Commission investigates and writes back. Worth a try. Feel free to email the HRC yourself, email address included.

Posted in Anti-discrimination templates/meetings, Bad Business Practices, Bad Social Science, Exclusionism, Shoe on the Other Foot Dept. | 28 Comments »

General Union: City govt seizes assets of NJ worker whose employer refused to pay for Shakai Hoken (Terrie’s Take and Japan Times articles too)

Posted by debito on 30th September 2009

Here we have a case of how NJ can be hurt by careless Immigration decisions. The upcoming requirement for all NJ to be enrolled in health insurance (shakai hoken), or else no visa granted, has been created without necessarily requiring negligent employers to pony up themselves. As usual it’s punishing the powerless.

Now, according to the Fukuoka General Union, we have a case where the GOJ is seizing a NJ’s assets (not the negligent employer’s) for non-back-payments that the employer should have handled. Read on. A recent Terrie’s Take is also included below for more background information. And a Japan Times Zeit Gist column came out on this only yesterday — describing how half-baked the policy process and probable implementation has been!

Posted in Bad Business Practices, Immigration & Assimilation, Injustice, Japanese Government, Labor issues | 16 Comments »

Terrie’s Take on Tokyo’s 2016 Olympic bid, decision due Oct 2. Debito.org wa hantai.

Posted by debito on 29th September 2009

Something coming up next week of surprising interest to Debito.org: Guv Ishihara’s pet project to bring the 2016 Olympic Games to Tokyo. We’ll hear the decision on October 2. Here’s where Debito.org stands:

While understandable a sentiment (what booster wouldn’t want to bring such a probable economic boon home?), Debito.org has been unflinching in its criticism both of Ishihara (for his xenophobic rantings over the years, start here) and of the Tokyo Police (keishicho), who will no doubt be given charge of the security at the event. As history has shown repeatedly (G8 Summits, overt and unapologetic racial profiling — even public scapegoating of NJ, border fingerprinting justified on bigoted grounds, deliberate misconstruing of crime data to whip up public fear, even spoiling one of the last Beatles concerts!), you don’t want to hand over matters of public security to a police force without proper checks and balances — because as even Edward Seidensticker noted, Keishicho will convert Tokyo into a police city if the event is big enough. The Olympics is just that, and it really complicates things by bringing in foreigners, for the police get particularly anal when they feel the outside world is watching.

Terrie below (understandably) hopes Tokyo gets the Olympics. I, for the record, hope it doesn’t. It’s not because I live in Sapporo (I would have mildly supported Fukuoka’s bid, even despite the NPA, simply because Fukuoka never had the chance — unlike Sapporo — to be an Olympic host). But the fact remains, as Terrie alludes to below, this is just a vanity project for one mean old man, working through Japan’s elite society to get what he wants, who feels as though he’s got one good deed to redeem all his bad works and ill-will over the years. Don’t fall for Ishihara’s ego, IOC. Spare Tokyo, its tourists, and its ever-more-policed international residents. Give the Olympics to somebody else.

Posted in Bad Business Practices, Fingerprinting, Targeting, Tracking NJ, Hokkaido Toyako G8 Summit 2008, Ironies & Hypocrisies, Japanese Government, Sport | 40 Comments »