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

Version with links to sources

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.

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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

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

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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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Shiki on unlawful and racist check-in practices at “foreigner-friendly” Sakura Hotel Jimbocho, Tokyo

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Hi Blog.  Turning the keyboard over to someone who had a bad experience at one of the allegedly “foreigner friendly” public accommodations in Japan.  According to Shiki, this hotel is racially profiling its customers in violation of the law and blaming the police for it.  Dr. ARUDOU, Debito

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

November 6, 2016
Hello Dr. Debito,

My name is Shiki, and I’m a long term resident in Japan, having been living for almost 9 years now, and I’m actually in the process of naturalization.

I wanted to report about the most horrible experience I’ve had in Japan, which happened on October 25, 2016, at a Hotel called “Sakura Hotel Jimbocho“.

I live in Sapporo, and a few weeks ago I was told by my boss that they needed me to go Tokyo in less than a week from that date. I reserved my air ticket, and looked for hotels near where is the Tokyo office of my company.

I looked at many capsule hotels, but since I needed to finish some work before the next day I preferred to get a single room so that I could work in my Notebook, but the problem was that all hotels around that area where more expensive that what the company was willing to cover for my stay.

Then I remembered that near that place, I saw once this “Sakura Hotel”, which even thou I never used any of “Sakura” services, I knew it they offered guest houses and weekly mansions mainly targeted to foreigners, so I just went to their site to see what that place was about, and it appeared to be a normal hotel, mainly targeted to tourists, but they were also offering it as a cheap business hotel for Japanese people. So I took a look at the prices, and it was perfect.

It was a small room, with free wifi, and so close to the office that I could actually just walk to it, and I could arrive late at night to check in (which I needed to), so with no second thoughts I just reserved it.

And this was the time I saw the first red flag of what was about to come. In the registration they asked for my nationality, which is something I’ve never been asked before. And it said that “Foreigners were required to show their passports”, so I looked at this, and saw your posts about the subject, and then I just thought “Thet are just doing this for the tourists”, so I just left the default that was “Japanese” in nationality.

I arrived at the hotel past 11pm, and went to the lobby and it was the usual check-in, until the guy asked me for my passport, to what I just said “I’m not a tourist”, then this guy asked me if I was Japanese, and I told him that no but that I was not a tourist and didn’t even had my passport with me.

So he then started to ask for my Residence Card, and I told him that my Residence Card contained private information, so I was not comfortable showing it, and then the guy, late at night told me that then they could not take me as a guest unless I showed them my residence card.

At that moment I was not sure if it was even legal for them to refuse me service, so I insisted that the whole thing of the passport is supposed to be targeted at tourists who do not have a residence in Japan, and that since I had an actual address in Japan that rule did not apply to me.  Then this guy proceeded to say that it was “hotel policy”, and that if I didn’t wanted to comply with “hotel policy” I was free to search for another hotel.

It was late at night, I’ve searched mant cheap hotels on internet and I knew all of them were full, my phone battery died, so i couldn’t even search anything, so really I was forced to give him my card, which he took a copy witbout my permission, and asked him to destroy the copy, thing he refused to do, and threatened me to “return me my money” if I continued “causing trouble”.

So I got to my room and immediately searched for my legal standing on this matter, and this us when I knew that they cannot refuse me service, so I went down with a copy of the law, and told the guy on the lobby to read it.

He took a look at it, and then told him that it was actually illegal for him to refuse me service, and that I wanted them to destroy the copy of my residence card or that I would sue them.

The first response of this guy was “you are free to do whatever you want”, and then I proceeded to ask for his name, and told him I was going to contact management of the company and tell them what he just said.

The he proceeded to make excuses that he dodn’t knew about the law, that he has to report foreigners to the police, and almost telling me that he was gping to “get scolded” by the police if they saw my name without any ID.

I told him it wasn’t my problem, and that he just needed to show the police that I have an address in Japan. He told me that police was going to scold him for not giving the ID of a foreigner, and when I asked him how would they even know if I’m a foreigner and not of Japanese nationality, he proceeded to make a racist statement about how “He can tell by their face, or their accent”. I told him that was racist and he proceeded to once again threaten me about “returning me my money” even after was I told him.

So I returned to my room, and wrote a mail of what just happened to the management of the hotel.  The next day when I was about to check out, this new guy told me he was in charge of the hotel and that he saw my mail.

He apologized for how the guy last night handled the situation, and then he started to explain me that they have many foreign customers, and because of this they are tightly under the watch of the police, and that ws tbe reaspn for their policy.

I told him that his policy is illegal, since the residence card is contains sensitive information and that they cannot ask and then try to refuse service if I don’t comply.

He told me that they need some kind of identification, and I told them that I was more than happy to give them my identification, but just not my residence card.

He continued trying to justify himself, at one point he even started out of nowhere to speak in broken Spanish (he probably saw in the residence card info I refused to give that I was from a Spanish speaking country, which made me more mad than anything, specially when I was talking with him in Japanese without any problem), and I was running late, so I just told him that I have never been asked by a hotel to provide any extra information outside of my name and address, and he told me that they “may” change their policy.

I’m really considering taking legal action against this company, and I hope this helps to expose this company to their foreign customers, so that next time they want to use their services they are aware that they are a company that racially profiles people and ask them illegally based on this to provide personal information under the illegal threat of refusal of service.

Regards, Shiki.

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

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Another positive review of book “Embedded Racism” by Japan Studies Association of Canada (JSAC): “important contribution to geography, cultural, and area studies”

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Hi Blog. Book “Embedded Racism” notches up another positive review in academic circles (see another one by Tessa Morris-Suzuki here), this time from the Japan Studies Association of Canada. Opening paragraph follows. Dr. ARUDOU, Debito

JSAC:  “From the immigration crisis in Europe to the growing tensions around racism and law enforcement in the United States, discussion of institutionalized racism, exclusionary rhetoric in the media, and legal barriers to equality seems essential now more than ever. In his most recent book […] cultural critic, activist, and scholar Debito Arudou attempts to spark just such a discussion. A critical analysis of Japan’s treatment of visible minorities (people living in japan who do not display phenotypical Japanese traits) and the legal, political, and social mechanisms that perpetuate the exclusion of such minorities from various aspects of Japanese society, Embedded Racism is extremely well timed. Arguing that racism operating through various institutions in Japan is akin to experiences of racism in the United States, Europe, and elsewhere, Arudou’s carefully constructed work attempts to debunk the dominant narrative of Japanese exceptionalism, which he claims provides an escape from accountability to the rest of the world. Describing how structural racism behind institutional, legal, social, and media narratives influences the degree to which “outsiders” are constructed and consequently excluded from essential social and legal protections, Embedded Racism is an important contribution to the fields of geography, cultural, and area studies […]” (Natasha Fox, Japan Studies Association of Canada (JSAC) Newsletter, Fall 2016) (read full review)

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

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

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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

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

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 “

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yet the environment surrounding offensive displays appears to be changing.

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

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

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

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

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

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

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

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

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

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Mainichi: Court orders anti-Korean group to compensate woman over hate speech

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Hi Blog. The third in a series (the first two are here and here) about developments after Japan’s first hate speech was passed earlier this year. Critics (naturally) decried it as a means to stifle freedom of speech, but I took exception to that, saying that it was a step in the right direction, at least. This series of articles in the Mainichi Shinbun seem to bear that out, 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. For example, this next case ruling against officially-certified hate group Zaitokukai, which even cites the UN CERD! Bravo. Dr. ARUDOU, Debito

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

Court orders anti-Korean group to compensate woman over hate speech
September 28, 2016 (Mainichi Japan)

http://mainichi.jp/english/articles/20160928/p2a/00m/0na/003000c
Courtesy of JK

OSAKA — The Osaka District Court on Sept. 27 ordered a citizens’ group that holds hate speech rallies targeting Korean residents in Japan to pay 770,000 yen in compensation to a Korean woman over defamation carried out by the group and its former chairman.

Freelance writer Lee Sin Hae, 45, filed the lawsuit against “Zainichi Tokken o Yurusanai Shimin no Kai” (literally, “citizens’ group that does not forgive special rights for Korean residents of Japan,” or “Zaitokukai”) and its former chairman Makoto Sakurai, 44, demanding 5.5 million yen in compensation for defamation by fueling discrimination against Korean residents through hate speech campaigns.

According to the ruling, after Lee contributed an article criticizing hate speech to an online news site, Sakurai called her “an old Korean hag” at rallies his group organized in Kobe’s Sannomiya district and targeted her on Twitter using a discriminatory word for a Korean person sometime between 2013 and 2014 when he was the head of the group.

Presiding Judge Tamami Masumori acknowledged that some of the things Sakurai had said and tweeted invaded her personal rights and concluded such actions constituted insults banned under the U.N. International Convention on the Elimination of All Forms of Racial Discrimination.

At the same time, Lee’s claim of emotional distress caused by the spread of information posted online was denied.

Zaitokukai released a comment, saying the ruling was “one-sided and unjust.” Both the plaintiff and defendant are considering filing an appeal.

ENDS

Japanese version
ヘイトスピーチ訴訟
「人種差別」認定 大阪地裁、在特会に賠償命令
毎日新聞2016年9月28日 東京朝刊
「人種差別」認定 大阪地裁、在特会に賠償命令
http://mainichi.jp/articles/20160928/ddm/041/040/183000c

インターネット上などの民族差別的なヘイトスピーチで名誉を傷付けられたとして、在日朝鮮人の女性が「在日特権を許さない市民の会(在特会)」と元会長の桜井誠氏(44)に550万円の賠償を求めた訴訟の判決が27日、大阪地裁であった。増森珠美裁判長は一部について「在日朝鮮人への差別を助長、増幅させる意図があった」と認定し、在特会側に77万円の支払いを命じた。双方とも控訴を検討している。

原告はフリーライターの李信恵(リシネ)さん(45)。判決によると、李さんはネットニュース上でヘイトスピーチについて批判的な記事を書いた。桜井氏は在特会の会長だった2013〜14年、神戸・三宮での街宣活動で「朝鮮人のババア」と発言したり、ツイッターで「鮮人記者」などと書き込んだりした。

増森裁判長は桜井氏の一部の発言や記述について、「人格権を違法に侵害するもの」と指摘。人種差別の撤廃を求める人種差別撤廃条約の趣旨に反した侮辱行為と結論付けた。

一方、李さんはネット情報の拡散被害による精神的苦痛なども訴えたが、判決はこうしたネット被害には踏み込まなかった。在特会側は代理人弁護士を通じ、「判決は一方的で不当」などとする談話を出した。【向畑泰司】
ENDS

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

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

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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

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

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

From:  JK
Hi Debito. Have a look here:

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

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

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

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

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

Regards, JK

Full article:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

口汚い罵倒は街頭から消えつつある。法で差別解消が実現されるのだろうか。

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

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

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

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

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

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

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

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

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

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

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

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

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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

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
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free
“LIKE” US on Facebook at http://www.facebook.com/debitoorg
https://www.facebook.com/embeddedrcsmJapan
http://www.facebook.com/handbookimmigrants
https://www.facebook.com/JapaneseOnlyTheBook
https://www.facebook.com/BookInAppropriate
If you like what you read and discuss on Debito.org, please consider helping us stop hackers and defray maintenance costs with a little donation via my webhoster:
Donate towards my web hosting bill!
All donations go towards website costs only. Thanks for your support!

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

TIME Magazine and Japan Times on how online trolls (particularly Reddit) are ruining the Internet and media in general

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. I recently received the following post from a Debito.org Reader who (for obvious reasons) wishes to remain anonymous:

/////////////////////////////////////////////////////////////
XY: There are some people on “Reddit” (Including Eido Inoue/letteradegree & Ken Yasumoto-Nicolson/KenYN) probably former colleagues or ex friends which apparently knew you in the past but seems that they hold a grudge against you all these years and now they have a mission to literally ruin your name and your reputation, as a activist, as a writer, but above all as a human being.

The pattern goes like this: Every time someone makes a positive post about you on Reddit, these people swarm to either down-vote into invisibility the positive post or comments about you, or they mock you and they spread lies about your personal life. Frankly, I don’t know what you can do in this case and what action you can take, but we’re talking about Reddit, with million of users and visitors on a daily basis, and not some small blog as Tepido/Japologism was. Below I’m giving you a few links with threads on r/Japan & r/Japanlife etc Subreddits as proof of the things I said earlier.

Note (1): Obviously many of the comments of these threads fall into what they call the “Circlejerking” category so please skim through.
Note (2): In some cases you have to expand/expose the full conversation/replies on the down-voted comments, which means you need to click the small cross next to the faded user name.

(Threads)
https://www.reddit.com/r/japan/comments/2u8k66/why_is_debito_arudou_so_angry_all_the_time/
https://www.reddit.com/r/japan/comments/2h146w/what_are_your_thoughts_on_the_author_arudo_debito/
https://www.reddit.com/r/japan/comments/hydru/to_people_in_rjapanespecially_the_gaijins_what_do/
https://www.reddit.com/r/japan/comments/3bypbo/middleaged_japanese_faces_down_canadian_racism/
https://www.reddit.com/r/japan/comments/2ofo8w/debito_arudou_to_foreign_japan_residents_you_are/
https://www.reddit.com/r/japan/comments/4xsqwy/debito_racism_in_japan_by_deep_in_japan/
https://np.reddit.com/r/japancirclejerk/comments/46cf17/meta_how_do_you_know_debito/
https://www.reddit.com/r/japanlife/comments/2tnyw7/debito_arudou_deleting_my_japanese_only_sign_is/
https://www.reddit.com/r/japan/comments/40qs5l/dr_arudou_debito_and_his_haters/
https://www.reddit.com/r/japan/comments/4x7akz/dr_arudou_debito_in_action_negotiating_with_a/

(Profile/Comment history overview)
Eido Inoue/letteradegree https://www.reddit.com/user/letteradegree/
Ken Yasumoto-Nicolson/KenYN https://www.reddit.com/user/KenYN

(Single comment’s thread)
Proof that “letteradegree” is Eido Inoue: https://np.reddit.com/r/japancirclejerk/comments/46cf17/meta_how_do_you_know_debito/d05lgva

If you go through on some of his comments, he actually believes that you’re actually some user on Reddit and you post with a sockpuppet account:
https://www.reddit.com/r/japancirclejerk/comments/4xtdnh/man_has_serious_crush_on_lil_debbie_and_is_in_no/d6jcsu5

And some comment about the Otaru Onsens Case:
https://www.reddit.com/r/japancirclejerk/comments/4xtdnh/man_has_serious_crush_on_lil_debbie_and_is_in_no/d6jidz3

And some self-styled ex-friend:
https://www.reddit.com/r/japan/comments/4xsqwy/debito_racism_in_japan_by_deep_in_japan/d6koj8j
https://www.reddit.com/r/japancirclejerk/comments/47xljl/debito_has_a_message_for_you_jland_clowns/d0gu7l1

There are lots of people who follow you, support, and admire your work for many years now. So please don’t let these few toxic people affect your work. Thanks for your time to read my message. XY

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

COMMENT:  Thanks for the notification.  This is in fact symptomatic of a larger problem.  Here’s a recent article in a mainstream American newsmagazine talking about how trolls are having deleterious effects on the media, specifically mentioning Reddit.  It’s long, but read on (and this will weed out the tl;dr online reactionaries who are allergic to doing real research):

/////////////////////////////////////////////////////////////
How Trolls Are Ruining the Internet
By Joel Stein @thejoelstein
TIME Magazine, Cover Story, Aug. 18, 2016
They’re turning the web into a cesspool of aggression and violence. What watching them is doing to the rest of us may be even worse
Courtesy http://time.com/4457110/internet-trolls/

This story is not a good idea. Not for society and certainly not for me. Because what trolls feed on is attention. And this little bit–these several thousand words–is like leaving bears a pan of baklava.

It would be smarter to be cautious, because the Internet’s personality has changed. Once it was a geek with lofty ideals about the free flow of information. Now, if you need help improving your upload speeds the web is eager to help with technical details, but if you tell it you’re struggling with depression it will try to goad you into killing yourself. Psychologists call this the online disinhibition effect, in which factors like anonymity, invisibility, a lack of authority and not communicating in real time strip away the mores society spent millennia building. And it’s seeping from our smartphones into every aspect of our lives.

The people who relish this online freedom are called trolls, a term that originally came from a fishing method online thieves use to find victims. It quickly morphed to refer to the monsters who hide in darkness and threaten people. Internet trolls have a manifesto of sorts, which states they are doing it for the “lulz,” or laughs. What trolls do for the lulz ranges from clever pranks to harassment to violent threats. There’s also doxxing–publishing personal data, such as Social Security numbers and bank accounts–and swatting, calling in an emergency to a victim’s house so the SWAT team busts in. When victims do not experience lulz, trolls tell them they have no sense of humor. Trolls are turning social media and comment boards into a giant locker room in a teen movie, with towel-snapping racial epithets and misogyny.

They’ve been steadily upping their game. In 2011, trolls descended on Facebook memorial pages of recently deceased users to mock their deaths. In 2012, after feminist Anita Sarkeesian started a Kickstarter campaign to fund a series of YouTube videos chronicling misogyny in video games, she received bomb threats at speaking engagements, doxxing threats, rape threats and an unwanted starring role in a video game called Beat Up Anita Sarkeesian. In June of this year, Jonathan Weisman, the deputy Washington editor of the New York Times, quit Twitter, on which he had nearly 35,000 followers, after a barrage of anti-Semitic messages. At the end of July, feminist writer Jessica Valenti said she was leaving social media after receiving a rape threat against her daughter, who is 5 years old.

A Pew Research Center survey published two years ago found that 70% of 18-to-24-year-olds who use the Internet had experienced harassment, and 26% of women that age said they’d been stalked online. This is exactly what trolls want. A 2014 study published in the psychology journal Personality and Individual Differences found that the approximately 5% of Internet users who self-identified as trolls scored extremely high in the dark tetrad of personality traits: narcissism, psychopathy, Machiavellianism and, especially, sadism.

But maybe that’s just people who call themselves trolls. And maybe they do only a small percentage of the actual trolling. “Trolls are portrayed as aberrational and antithetical to how normal people converse with each other. And that could not be further from the truth,” says Whitney Phillips, a literature professor at Mercer University and the author of This Is Why We Can’t Have Nice Things: Mapping the Relationship Between Online Trolling and Mainstream Culture. “These are mostly normal people who do things that seem fun at the time that have huge implications. You want to say this is the bad guys, but it’s a problem of us.”

A lot of people enjoy the kind of trolling that illuminates the gullibility of the powerful and their willingness to respond. One of the best is Congressman Steve Smith, a Tea Party Republican representing Georgia’s 15th District, which doesn’t exist. For nearly three years Smith has spewed over-the-top conservative blather on Twitter, luring Senator Claire McCaskill, Christiane Amanpour and Rosie O’Donnell into arguments. Surprisingly, the guy behind the GOP-mocking prank, Jeffrey Marty, isn’t a liberal but a Donald Trump supporter angry at the Republican elite, furious at Hillary Clinton and unhappy with Black Lives Matter. A 40-year-old dad and lawyer who lives outside Tampa, he says he has become addicted to the attention. “I was totally ruined when I started this. My ex-wife and I had just separated. She decided to start a new, more exciting life without me,” he says. Then his best friend, who he used to do pranks with as a kid, killed himself. Now he’s got an illness that’s keeping him home.

Marty says his trolling has been empowering. “Let’s say I wrote a letter to the New York Times saying I didn’t like your article about Trump. They throw it in the shredder. On Twitter I communicate directly with the writers. It’s a breakdown of all the institutions,” he says. “I really do think this stuff matters in the election. I have 1.5 million views of my tweets every 28 days. It’s a much bigger audience than I would have gotten if I called people up and said, ‘Did you ever consider Trump for President?’”

Trolling is, overtly, a political fight. Liberals do indeed troll–sex-advice columnist Dan Savage used his followers to make Googling former Pennsylvania Senator Rick Santorum’s last name a blunt lesson in the hygienic challenges of anal sex; the hunter who killed Cecil the lion got it really bad.

But trolling has become the main tool of the alt-right, an Internet-grown reactionary movement that works for men’s rights and against immigration and may have used the computer from Weird Science to fabricate Donald Trump. Not only does Trump share their attitudes, but he’s got mad trolling skills: he doxxed Republican primary opponent Senator Lindsey Graham by giving out his cell-phone number on TV and indirectly got his Twitter followers to attack GOP political strategist Cheri Jacobus so severely that her lawyers sent him a cease-and-desist order.

The alt-right’s favorite insult is to call men who don’t hate feminism “cucks,” as in “cuckold.” Republicans who don’t like Trump are “cuckservatives.” Men who don’t see how feminists are secretly controlling them haven’t “taken the red pill,” a reference to the truth-revealing drug in The Matrix. They derisively call their adversaries “social-justice warriors” and believe that liberal interest groups purposely exploit their weakness to gain pity, which allows them to control the levers of power. Trolling is the alt-right’s version of political activism, and its ranks view any attempt to take it away as a denial of democracy.

In this new culture war, the battle isn’t just over homosexuality, abortion, rap lyrics, drugs or how to greet people at Christmastime. It’s expanded to anything and everything: video games, clothing ads, even remaking a mediocre comedy from the 1980s. In July, trolls who had long been furious that the 2016 reboot of Ghostbusters starred four women instead of men harassed the film’s black co-star Leslie Jones so badly on Twitter with racist and sexist threats–including a widely copied photo of her at the film’s premiere that someone splattered semen on–that she considered quitting the service. “I was in my apartment by myself, and I felt trapped,” Jones says. “When you’re reading all these gay and racial slurs, it was like, I can’t fight y’all. I didn’t know what to do. Do you call the police? Then they got my email, and they started sending me threats that they were going to cut off my head and stuff they do to ‘N words.’ It’s not done to express an opinion, it’s done to scare you.”

Because of Jones’ harassment, alt-right leader Milo Yiannopoulos was permanently banned from Twitter. (He is also an editor at Breitbart News, the conservative website whose executive chairman, Stephen Bannon, was hired Aug. 17 to run the Trump campaign.) The service said Yiannopoulos, a critic of the new Ghostbusters who called Jones a “black dude” in a tweet, marshaled many of his more than 300,000 followers to harass her. He not only denies this but says being responsible for your fans is a ridiculous standard. He also thinks Jones is faking hurt for political purposes. “She is one of the stars of a Hollywood blockbuster,” he says. “It takes a certain personality to get there. It’s a politically aware, highly intelligent star using this to get ahead. I think it’s very sad that feminism has turned very successful women into professional victims.”

A gay, 31-year-old Brit with frosted hair, Yiannopoulos has been speaking at college campuses on his Dangerous Faggot tour. He says trolling is a direct response to being told by the left what not to say and what kinds of video games not to play. “Human nature has a need for mischief. We want to thumb our nose at authority and be individuals,” he says. “Trump might not win this election. I might not turn into the media figure I want to. But the space we’re making for others to be bolder in their speech is some of the most important work being done today. The trolls are the only people telling the truth.”

The alt-right was galvanized by Gamergate, a 2014 controversy in which trolls tried to drive critics of misogyny in video games away from their virtual man cave. “In the mid-2000s, Internet culture felt very separate from pop culture,” says Katie Notopoulos, who reports on the web as an editor at BuzzFeed and co-host of the Internet Explorer podcast. “This small group of people are trying to stand their ground that the Internet is dark and scary, and they’re trying to scare people off. There’s such a culture of viciously making fun of each other on their message boards that they have this very thick skin. They’re all trained up.”

Andrew Auernheimer, who calls himself Weev online, is probably the biggest troll in history. He served just over a year in prison for identity fraud and conspiracy. When he was released in 2014, he left the U.S., mostly bouncing around Eastern Europe and the Middle East. Since then he has worked to post anti–Planned Parenthood videos and flooded thousands of university printers in America with instructions to print swastikas–a symbol tattooed on his chest. When I asked if I could fly out and interview him, he agreed, though he warned that he “might not be coming ashore for a while, but we can probably pass close enough to land to have you meet us somewhere in the Adriatic or Ionian.” His email signature: “Eternally your servant in the escalation of entropy and eschaton.”

While we planned my trip to “a pretty remote location,” he told me that he no longer does interviews for free and that his rate was two bitcoins (about $1,100) per hour. That’s when one of us started trolling the other, though I’m not sure which:

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

From: Joel Stein
To: Andrew Auernheimer
I totally understand your position. But TIME, and all the major media outlets, won’t pay people who we interview. There’s a bunch of reasons for that, but I’m sure you know them.
Thanks anyway, Joel

From: Andrew Auernheimer
To: Joel Stein
I find it hilarious that after your people have stolen years of my life at gunpoint and bulldozed my home, you still expect me to work for free in your interests.
You people belong in a f-cking oven.

From: Joel Stein
To: Andrew Auernheimer
For a guy who doesn’t want to be interviewed for free, you’re giving me a lot of good quotes!

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

In a later blog post about our emails, Weev clarified that TIME is “trying to destroy white civilization” and that we should “open up your Jew wallets and dump out some of the f-cking geld you’ve stolen from us goys, because what other incentive could I possibly have to work with your poisonous publication?” I found it comforting that the rate for a neo-Nazi to compromise his ideology is just two bitcoins.

Expressing socially unacceptable views like Weev’s is becoming more socially acceptable. Sure, just like there are tiny, weird bookstores where you can buy neo-Nazi pamphlets, there are also tiny, weird white-supremacist sites on the web. But some of the contributors on those sites now go to places like 8chan or 4chan, which have a more diverse crowd of meme creators, gamers, anime lovers and porn enthusiasts. Once accepted there, they move on to Reddit, the ninth most visited site in the U.S., on which users can post links to online articles and comment on them anonymously. Reddit believes in unalloyed free speech; the site only eliminated the comment boards “jailbait,” “creepshots” and “beatingwomen” for legal reasons.

But last summer, Reddit banned five more discussion groups for being distasteful. The one with the largest user base, more than 150,000 subscribers, was “fatpeoplehate.” It was a particularly active community that reveled in finding photos of overweight people looking happy, almost all women, and adding mean captions. Reddit users would then post these images all over the targets’ Facebook pages along with anywhere else on the Internet they could. “What you see on Reddit that is visible is at least 10 times worse behind the scenes,” says Dan McComas, a former Reddit employee. “Imagine two users posting about incest and taking that conversation to their private messages, and that’s where the really terrible things happen. That’s where we saw child porn and abuse and had to do all of our work with law enforcement.”

Jessica Moreno, McComas’ wife, pushed for getting rid of “fatpeoplehate” when she was the company’s head of community. This was not a popular decision with users who really dislike people with a high body mass index. She and her husband had their home address posted online along with suggestions on how to attack them. Eventually they had a police watch on their house. They’ve since moved. Moreno has blurred their house on Google maps and expunged nearly all photos of herself online.

During her time at Reddit, some users who were part of a group that mails secret Santa gifts to one another complained to Moreno that they didn’t want to participate because the person assigned to them made racist or sexist comments on the site. Since these people posted their real names, addresses, ages, jobs and other details for the gifting program, Moreno learned a good deal about them. “The idea of the basement dweller drinking Mountain Dew and eating Doritos isn’t accurate,” she says. “They would be a doctor, a lawyer, an inspirational speaker, a kindergarten teacher. They’d send lovely gifts and be a normal person.” These are real people you might know, Moreno says. There’s no real-life indicator. “It’s more complex than just being good or bad. It’s not all men either; women do take part in it.” The couple quit their jobs and started Imzy, a cruelty-free Reddit. They believe that saving a community is nearly impossible once mores have been established, and that sites like Reddit are permanently lost to the trolls.

When sites are overrun by trolls, they drown out the voices of women, ethnic and religious minorities, gays–anyone who might feel vulnerable. Young people in these groups assume trolling is a normal part of life online and therefore self-censor. An anonymous poll of the writers at TIME found that 80% had avoided discussing a particular topic because they feared the online response. The same percentage consider online harassment a regular part of their jobs. Nearly half the women on staff have considered quitting journalism because of hatred they’ve faced online, although none of the men had. Their comments included “I’ve been raged at with religious slurs, had people track down my parents and call them at home, had my body parts inquired about.” Another wrote, “I’ve had the usual online trolls call me horrible names and say I am biased and stupid and deserve to be raped. I don’t think men realize how normal that is for women on the Internet.”

The alt-right argues that if you can’t handle opprobrium, you should just turn off your computer. But that’s arguing against self-expression, something antithetical to the original values of the Internet. “The question is: How do you stop people from being a–holes not to their face?” says Sam Altman, a venture capitalist who invested early in Reddit and ran the company for eight days in 2014 after one of its many PR crises. “This is exactly what happened when people talked badly about public figures. Now everyone on the Internet is a public figure. The problem is that not everyone can deal with that.” Altman declared on June 15 that he would quit Twitter and his 171,000 followers, saying, “I feel worse after using Twitter … my brain gets polluted here.”

Twitter’s head of trust and safety, Del Harvey, struggles with how to allow criticism but curb abuse. “Categorically to say that all content you don’t like receiving is harassment would be such a broad brush it wouldn’t leave us much content,” she says. Harvey is not her real name, which she gave up long ago when she became a professional troll, posing as underage girls (and occasionally boys) to entrap pedophiles as an administrator for the website Perverted-Justice and later for NBC’s To Catch a Predator. Citing the role of Twitter during the Arab Spring, she says that anonymity has given voice to the oppressed, but that women and minorities are more vulnerable to attacks by the anonymous.

But even those in the alt-right who claim they are “unf-ckwithable” aren’t really. At some point, everyone, no matter how desensitized by their online experience, is liable to get freaked out by a big enough or cruel enough threat. Still, people have vastly different levels of sensitivity. A white male journalist who covers the Middle East might blow off death threats, but a teenage blogger might not be prepared to be told to kill herself because of her “disgusting acne.”

Which are exactly the kinds of messages Em Ford, 27, was receiving en masse last year on her YouTube tutorials on how to cover pimples with makeup. Men claimed to be furious about her physical “trickery,” forcing her to block hundreds of users each week. This year, Ford made a documentary for the BBC called Troll Hunters in which she interviewed online abusers and victims, including a soccer referee who had rape threats posted next to photos of his young daughter on her way home from school. What Ford learned was that the trolls didn’t really hate their victims. “It’s not about the target. If they get blocked, they say, ‘That’s cool,’ and move on to the next person,” she says. Trolls don’t hate people as much as they love the game of hating people.

Troll culture might be affecting the way nontrolls treat one another. A yet-to-be-published study by University of California, Irvine, professor Zeev Kain showed that when people were exposed to reports of good deeds on Facebook, they were 10% more likely to report doing good deeds that day. But the opposite is likely occurring as well. “One can see discourse norms shifting online, and they’re probably linked to behavior norms,” says Susan Benesch, founder of the Dangerous Speech Project and faculty associate at Harvard’s Internet and Society center. “When people think it’s increasingly O.K. to describe a group of people as subhuman or vermin, those same people are likely to think that it’s O.K. to hurt those people.”

As more trolling occurs, many victims are finding laws insufficient and local police untrained. “Where we run into the problem is the social-media platforms are very hesitant to step on someone’s First Amendment rights,” says Mike Bires, a senior police officer in Southern California who co-founded LawEnforcement.social, a tool for cops to fight on-line crime and use social media to work with their communities. “If they feel like someone’s life is in danger, Twitter and Snapchat are very receptive. But when it comes to someone harassing you online, getting the social-media companies to act can be very frustrating.” Until police are fully caught up, he recommends that victims go to the officer who runs the force’s social-media department.

One counter-trolling strategy now being employed on social media is to flood the victims of abuse with kindness. That’s how many Twitter users have tried to blunt racist and body-shaming attacks on U.S. women’s gymnastics star Gabby Douglas and Mexican gymnast Alexa Moreno during the Summer Olympics in Rio. In 2005, after Emily May co-founded Hollaback!, which posts photos of men who harass women on the street in order to shame them (some might call this trolling), she got a torrent of misogynistic messages. “At first, I thought it was funny. We were making enough impact that these losers were spending their time calling us ‘cunts’ and ‘whores’ and ‘carpet munchers,’” she says. “Long-term exposure to it, though, I found myself not being so active on Twitter and being cautious about what I was saying online. It’s still harassment in public space. It’s just the Internet instead of the street.” This summer May created Heartmob, an app to let people report trolling and receive messages of support from others.

Though everyone knows not to feed the trolls, that can be challenging to the type of people used to expressing their opinions. Writer Lindy West has written about her abortion, hatred of rape jokes and her body image–all of which generated a flood of angry messages. When her father Paul died, a troll quickly started a fake Twitter account called PawWestDonezo, (“donezo” is slang for “done”) with a photo of her dad and the bio “embarrassed father of an idiot.” West reacted by writing about it. Then she heard from her troll, who apologized, explaining that he wasn’t happy with his life and was angry at her for being so pleased with hers.

West says that even though she’s been toughened by all the abuse, she is thinking of writing for TV, where she’s more insulated from online feedback. “I feel genuine fear a lot. Someone threw a rock through my car window the other day, and my immediate thought was it’s someone from the Internet,” she says. “Finally we have a platform that’s democratizing and we can make ourselves heard, and then you’re harassed for advocating for yourself, and that shuts you down again.”

I’ve been a columnist long enough that I got calloused to abuse via threats sent over the U.S. mail. I’m a straight white male, so the trolling is pretty tame, my vulnerabilities less obvious. My only repeat troll is Megan Koester, who has been attacking me on Twitter for a little over two years. Mostly, she just tells me how bad my writing is, always calling me “disgraced former journalist Joel Stein.” Last year, while I was at a restaurant opening, she tweeted that she was there too and that she wanted to take “my one-sided feud with him to the next level.” She followed this immediately with a tweet that said, “Meet me outside Clifton’s in 15 minutes. I wanna kick your ass.” Which shook me a tiny bit. A month later, she tweeted that I should meet her outside a supermarket I often go to: “I’m gonna buy some Ahi poke with EBT and then kick your ass.”

I sent a tweet to Koester asking if I could buy her lunch, figuring she’d say no or, far worse, say yes and bring a switchblade or brass knuckles, since I have no knowledge of feuding outside of West Side Story. Her email back agreeing to meet me was warm and funny. Though she also sent me the script of a short movie she had written (…).

I saw Koester standing outside the restaurant. She was tiny–5 ft. 2 in., with dark hair, wearing black jeans and a Spy magazine T-shirt. She ordered a seitan sandwich, and after I asked the waiter about his life, she looked at me in horror. “Are you a people person?” she asked. As a 32-year-old freelance writer for Vice.com who has never had a full-time job, she lives on a combination of sporadic paychecks and food stamps. My career success seemed, quite correctly, unjust. And I was constantly bragging about it in my column and on Twitter. “You just extruded smarminess that I found off-putting. It’s clear I’m just projecting. The things I hate about you are the things I hate about myself,” she said.

As a feminist stand-up comic with more than 26,000 Twitter followers, Koester has been trolled more than I have. One guy was so furious that she made fun of a 1970s celebrity at an autograph session that he tweeted he was going to rape her and wanted her to die afterward. “So you’d think I’d have some sympathy,” she said about trolling me. “But I never felt bad. I found that column so vile that I thought you didn’t deserve sympathy.”

When I suggested we order wine, she told me she’s a recently recovered alcoholic who was drunk at the restaurant opening when she threatened to beat me up. I asked why she didn’t actually walk up to me that afternoon and, even if she didn’t punch me, at least tell me off. She looked at me like I was an idiot. “Why would I do that?” she said. “The Internet is the realm of the coward. These are people who are all sound and no fury.”

Maybe. But maybe, in the information age, sound is as destructive as fury.

—————————————-
Editor’s Note: An earlier version of this story included a reference to Asperger’s Syndrome in an inappropriate context. It has been removed. Additionally, an incorrect description of Megan Koester’s sexual orientation has been removed.
This appears in the August 29, 2016 issue of TIME.
ENDS

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COMMENT: As described above, I’ve also endured online bullying, death threats, and other anonymous libel for decades now. And I’ve made it clear in previous comments to articles decrying the harmful activities of trolls that trolls simply just cannot be ignored:

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

[…] For example, I have numerous online stalkers, who dedicate many electrons on cyberspace (even devote whole websites and hijack Biographies of Living People on Wikipedia) not only to misrepresent my arguments, but also to track my personal life and advocate that I come to harm. I’ve endured death treats for decades, and I can’t conclude that merely ignoring trolls and hoping they’ll go away is an effective answer either. After all, as propaganda masters know, if enough people claim something is true, it becomes true, as long as through constant repetition they gain control over the narrative.

I for one never visit these stalker sites, but lots of people who should know better do look at them without sufficient critique, and (as you noted above) assume that my not commenting about their false allegations is some kind of admission in their favor. What the stalkers actually get out of all this wasted energy truly escapes me.

So after realizing that being ignored still works in their favor, now they are going after journalists, which brings into the debate issues of freedom of the press. Plus journalists have a more amplified public soapbox and credibility to advocate for change than we activist-types do. I hope you will continue to research and speak out against this, and not fall into the mindset that anonymous threats and stalking are simply part of being a public figure.

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

Even in Japan, despite the hand-wringing found in this FCCJ No. 1 Shimbun article, we’ve had calls for action for many years now.  Here’s Phil Brasor of the Japan Times:

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Media must take a stand against trolls
by Philip Brasor
Special To The Japan Times, Aug 31, 2013
http://www.japantimes.co.jp/news/2013/08/31/national/media-must-take-a-stand-against-trolls/

We live in an age of contention, when any comment can spark righteous indignation. Nominally conservative or progressive viewpoints become meaningless when every response is reactionary. This situation supposedly arose along with the Internet, which provides an unmediated outlet for every voice. Traditional media insisted on readers and viewers providing certifiable identification before printing or broadcasting their feedback, one of the ideas being that commenters will be more responsible for their opinions if forced to reveal their real names and addresses.

Recently, the Asahi Shimbun has slightly altered this policy. Though it still insists that letters to the editor be accompanied by real names, the paper no longer prints the city of residence, opting instead for the prefecture. In the past year, a number of letter writers’ home phone numbers were located by parties with opposing opinions who then systematically harassed the letter writers. Last spring, the paper published a letter from someone in central Japan who disagreed with the view that the “comfort women” were all professional prostitutes rather than sex slaves. The person was bombarded with anonymous phone calls at home, some of which contained threats. Later this person found out his phone number had been distributed on Internet bulletin boards.

The National Consumer Affairs Center says that complaints about harassment centered on media correspondence increased markedly this past spring, and Asahi itself acknowledges that at least 30 people whose letters it published have had their home phone numbers revealed on the Internet, with 14 becoming victims of harassment. Tokyo Shimbun reports that one recent letter writer to the Asahi who complained about nationalist sentiments at sporting events was systematically harassed even though the paper only printed his prefecture. There are many ways of finding out a person’s phone number. The paper said it discovered at least 800 examples of letter writers’ phone numbers and addresses being posted on Internet bulletin boards.

This sort of behavior is not new. Trolls — individuals who purposely send insulting and threatening messages to comments sections and social media sites — may be an Internet-specific phenomenon, but the impulses that drive them are general and eternal. Some say the difference is less ideological than psychological: serial harassers hide behind masks to express their grievances with the world, regardless of political leanings. But ideology, or at least the presumption of a “position,” is always the delivery device for the grievance. […] Media outlets should prevent intimidation any way they can, but they’re failing their mission if they don’t stand up to it.

Entire article up at http://www.japantimes.co.jp/news/2013/08/31/national/media-must-take-a-stand-against-trolls/

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CONCLUSION:  Notwithstanding the claim that Japanese society turns a blind eye to foreigners committing crimes against other foreigners (whereas, as I argue in “Embedded Racism” Ch. 6, leniency greets Japanese-on-foreign crime and merits unusually harsh penalty for vice versa), in the end this is dangerous stuff.  Cyberstalking is still stalking, and Japan no longer tolerates it like it used to outside of the Internet.  Debito.org reiterates its stance that something should be done to make these anonyms into real people taking responsibility for their statements.  To me, that means registering real names under traceable conditions, as has happened (abortively) in South Korea.  Short of that, the trolls will continue to sour and soil the online environment, depriving others of the freedom of speech the trolls themselves allegedly cherish (and use as their excuse for abuse) by remaining anonymous, immune to the same critique and exposure they mete out to others.  Dr. ARUDOU, Debito

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

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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:

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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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“Deep in Japan” Podcast interviews Debito on Racism in Japan and book “Embedded Racism” (UPDATED: Goes viral in Poland!)

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Hi Blog. Jeff Krueger interviewed me a few days ago, and put up this podcast. He did a lot of research for this podcast, including reading 400-page book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” in three sittings, and investigating much of the anti-activist narrative in Japan. I had a listen to it this morning, and think it’s probably the best interview I’ve ever had done. Please have a listen and support his channel, even leave a review up at iTunes.

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Podcast: Deep in Japan, by Jeff Krueger
Title: “Debito: Racism in Japan”
Released: Aug 14, 2016

In this podcast, I interview writer, researcher, activist, Japan Times columnist, naturalized Japanese citizen and, most recently, author of the amazing book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination,” Dr. Arudou Debito. If you’d like to learn more about Dr. Debito’s books and articles, visit his award-winning blog at www.debito.org. As always, sounds provided by www.bensound.com/

iTunes: https://itunes.apple.com/jp/podcast/deep-in-japan/id1121048809?l=en&mt=2
Soundcloud (free subscription via Facebook etc.): https://soundcloud.com/deep-in-japan/debito-racism-in-japan

Deep in Japan homepage at https://soundcloud.com/deep-in-japan

ENDS

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

UPDATE AUGUST 18:  Podcast goes viral in… Poland!  (Thanks to this popular vlog.)  Now at 6700 listens on Soundcloud alone!  Thanks!

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

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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)

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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.

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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/

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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

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

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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.
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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?

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Hi Blog. Article first, then comment:

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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

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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

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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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Zaitokukai xenophobic hate group’s Sakurai Makoto runs for Tokyo Governorship; his electoral platform analyzed here (UPDATED: he lost badly)

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Hi Blog. As Debito.org’s second post on the upcoming July 31, 2016, Tokyo Governorship race (reasons why you should care about it are here), I just wanted to cover the candidacy of the anti-foreign vote, particularly Sakurai Makoto, “former leader” of the officially-certified xenophobic hate group Zaitokukai.  Here’s his campaign poster:

(All images courtesy of MS)

SakuraiMakotoTokyoChijisenposter2016

While this bullying berk hasn’t a snowball’s chance of winning, thank goodness, it’s still a bellwether of Japan’s general tolerance of hate speech that a person like this would be taken seriously enough to allow a candidate who espouses hatred of whole peoples (and believe me he’s not alone, pre-hate speech law).

So let’s take a look at his party platform, since that’s what we do here (click on image to expand in browser):

SakuraiMakotoChijisen2016Platform

Okay, deep breath.  I’m only going to translate the headlines.  He’s running as an “unaffiliated” (mushozoku) candidate, and his headline is putting “Japan first” and “returning Tokyo politics to Japanese nationals” (kokumin) (a riff on one of PM Abe’s previous election slogans).

Here are the seven points of his platform:

  1. Abolishing “social welfare” (seikatsu hogo) for foreigners (even though they’re also paying for it, and it’s not as though they’re really taking advantage of the system).
  2. Reducing the number of illegal foreign overstayers by half (even though according to the MOJ itself the number has almost always been falling since 1993).
  3. Passing a law against hate speech against Japan/Japanese (because of course those bullying foreign minorities shouldn’t be allowed to victimize that poor disempowered Japanese majority!)
  4. Increase taxes on facilities run by domestic minority Korean groups Souren and Mindan (because nothing spells equalized justice against minorities than targeted tax increases against them).
  5. “Regulate” illegal gambling at [Korean] pachinko parlors (because after all, gambling is a naughty activity in Japan, except when it’s gambling on horse racing sanctioned by the JRA, or motor boating, or bicycling, or Japanese-run pachinko parlors etc.; you’d assume that if it was in fact “illegal”, it would already be “regulated”…  Oh wait, this is suddenly “illegal” because it’s connected to Koreans, right?).
  6. Suspending the building of Korean schools (because of course they’re proliferating like wildflowers across Japan).
  7. Putting forth a more compact Tokyo 2020 Olympics (thrown in as an afterthought, because we’re not fixating on foreigners, right?).

You can read the fine print of his platform for yourself, but it all spells the need for some to launder their hatred through Japan’s electoral process.  Let’s see how many votes this bully ultimately gets come August 1 (the last bully candidate we tracked here, Tamogami Toshio, finished dead last in his division).  Dr. ARUDOU, Debito

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

UPDATE JULY 31, 2016

According to today’s election results (Asahi.com in Japanese), turncoat opportunist (and hobnobber with xenophobes) Koike Yuriko won the Tokyo Governorship easily, receiving more than a million votes over the officially-sponsored LDP candidate, who came second.  The anti-Abe candidate came in a distant third with less than half the votes of Koike.

Sakurai came an even more distant fifth, garnering only 114,171 votes, or 2.08% of all votes cast.  He ranked no better than single digits in any electoral district of Tokyo-to (and in two districts less than 1%), which is good news.  Even better news is that he fared much worse than extreme rightist militarist Tamogami Toshio, who got 610,865 votes in the previous 2014 Tokyo Gubernatorial Election, or 12.39% of all votes cast.

So keep wasting your group’s funds on these elections, Sakurai.  It’s probably better than investing them in your hate rallies.

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

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

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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. 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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Overseas online info site Traveloco.jp’s “Japanese Only” rules: “People with foreign-sounding names refused service”

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Hi Blog. Here we have an online information site called Traveloco.jp, which apparently reserves its services “for Japanese Only living abroad”. This is another permutation of Japanese corporate practices erecting arbitrary firewalls between people due to their nationality, ethnicity, etc., or, in Traveloco.jp’s case, “having a name that does not appear to be Japanese”. I wonder how “Arudou Debito” would fare.  And as MT says below, why can’t anyone who can read and write Japanese be allowed equal access and service?  Debito.org Reader MT sends this report. Dr. ARUDOU, Debito

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

Date:  June 27, 2016
From: MT
Hi Debito,

I am thinking of suing traveloco.jp site because they closed and banned my account right after I informed them of my name ([MT]), which is not Japanese.

In the email below, the reason I was refused service is that “your name does not appear to be Japanese”.  Our correspondence, in reverse order:

================================
From: トラベロコ <info@traveloco.jp>
To: [MT]
Date: 2016/6/27, Mon 09:14
Subject: ご登録解除のご連絡(トラベロコ)

お返事ありがとうございます。
トラベロコです。

ご登録情報を確認させて頂きましたが、
日本人の方ではないようです。 [emphasis added]

大変申し訳ございませんが、当サイトにてロコに登録していただけるのは
日本人方に限定しておりますので、外国人の方はご登録頂けません。
[emphasis added]

よくある質問>私もロコになりたいのですが。
https://traveloco.jp/faq#faq-13

また、今回のご連絡いただいたメール内容から、社内で検討させていただき、
サイト利用規約「3条4.vi」に該当するとして、登録を解除させて頂きました。
https://traveloco.jp/pages/terms

ご了承下さい。

————————————-traveloco
トラベロコ
mail: info@traveloco.jp
URL: http://traveloco.jp/
> —– Original Message —–
> From: トラベロコ <info@traveloco.jp>
> To: [MT]
> Date: 2016/6/27, Mon 01:27
> Subject: Re: ロコ応募について
>
> お返事ありがとうございます。
> トラベロコです。
>
> ご連絡遅くなり、申し訳ございません。
>
> お問い合わせの件について、
> 具体的には、プロフィール情報のお名前欄などの項目が
> 正しく登録されておりませんので、正確にご登録
> いただいてから、ご応募頂けますでしょうか。
>
> プロフィール情報
> https://traveloco.jp/mypage/profile/
>
> Travelocoは匿名でご利用いただけるサイトになりますが、
> ロコへの登録にあたっては、最低限の個人情報を登録する
> ことは、皆様に安全にご利用頂くための必要条件とさせて
> 頂いております。
>
> なお、ロコの応募審査上、正しい情報の登録が確認できるまでは
> 一部機能は停止させていただいておりますので、ご了承下さい。
>
> どうぞよろしくお願い致します。
>
> ————————————-traveloco
> トラベロコ
> mail: info@traveloco.jp
> URL: http://traveloco.jp/
>
> 2016年6月25日 15:12 :
>> 私の説明をちゃんと詠んでください 問題の原点、教えたでしょう。
>>
>> 情報の一部に不備 は、回答となってない。
>> どの部分か、正確に教えなさい。どうやってなおせるか ということをちゃんと説明するのは、サポートの仕事でしょう?
>>
>> テンプレートの回答を出すよりちゃんとした回答を作ってください。
>>
>> 其の一 まずは、私の説明を読む。
>> その二 内容を理解する
>> その三 内容を理解した上、内容に沿って解決案を出す
>>
>> 上記が常識でしょう。
>>
>> ロコのサービスの二十%取って、こんな最悪なサポートをするつもり?冗談でしう。
>>
>> 私はナニをすればいいか、ステップバイステップで教えなさい。

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

MT: Their terms of use do not mention such a thing, nothing like “our services are meant to be used only an exclusively by persons holding a Japanese passport” or something similar, nothing. They just kick out those who has a western name, based on the NAME itself.

Terms of use of their services: (from https://traveloco.jp/pages/terms)

4. 当社は、登録申請者が、以下の各号のいずれかの事由に該当する場合は、登録および再登録を拒否することがあり、またその理由について一切開示義務を負いません。
当社に提供した登録事項の全部または一部につき虚偽、誤記または記載漏れがあった場合
未成年者、成年被後見人、被保佐人または被補助人のいずれかであり、法定代理人、後見人、保佐人または補助人の同意等を得ていなかった場合
反社会的勢力等(暴力団、暴力団員、右翼団体、反社会的勢力、その他これに準ずる者を意味します。以下同じ。)である、または資金提供その他を通じて反社会的勢力等の維持、運営もしくは経営に協力もしくは関与する等反社会的勢力等との何らかの交流もしくは関与を行っていると当社が判断した場合
登録希望者が過去当社との契約に違反した者またはその関係者であると当社が判断した場合
第10条に定める措置を受けたことがある場合
その他、当社が登録を適当でないと判断した場合

Note that there is no mention of anything that refers to this funny “Japanese only” policy though (only in the QA section: https://traveloco.jp/faq#faq-13, but this is nothing to do with legal terms, since the terms of use are not mentioning it explicitly), so I gave it a try with registering, since I had some interesting ideas for them and some services to share with those Japanese who would be interested in my country or would be coming to [my country of origin].

The whole correspondence started via their website so the first part when I was asking why I cannot register my page and services (at first, it was a technical question but they failed to reply in details, instead they sent me some template bullshit to send me off – so, understandably, I got very upset), is missing since it was not done via email but via a form on their site on my account page – and I have no access to that any more.

I would like to ask The Japan Times to track this down, and ask them publicly why are they doing this in the 21st century, where human and personal rights should be taken very seriously? Even in Aichi, Nagoya, where they are located.

I would like an official apology from the company’s main rep, Mr. SHIIYA Yutaka (椎谷豊, facebook: https://www.facebook.com/yshiiya) via Japanese mass media. And I want them to review their policies, so that everyone (regardless of race) who is capable to communicate in Japanese could use the site with no discrimination against them – especially not based on their western-like names (if it is not a “Japanese” name)!

My correspondence above with them speaks for itself. And these are young entrepreneurs, not just some old folks, but the Y-generation!!! This sentiment and notion of Japaneseness is routed very very deeply even in these young men, who are brainwashed (or getting on some nationalist waves to make big money, maybe?). They are getting their foot in the door of the start-up world.

In the meantime I am seeking legal help, because I want others to know this. This site is “only for Japanese”, the online version of “Japanese only” bars, “Japanese only” onsens, etc…

Of course, you have my permission to make a report on your own site about this. In case I sue them, I will keep you updated.

Thanks a lot, Debito, and pls keep up the good work. I have just read about your book, Embedded Racism, and will get my copy soon. Sincerely, MT

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

ENDS

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

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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”

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

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

Have a read, then I’ll comment:

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

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

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

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

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

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

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

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

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

Japanese version

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

いわゆるヘイトスピーチ対策法が施行された。

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

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

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

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

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

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

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

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

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

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

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

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JUST BE CAUSE
justbecauseicon.jpg

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Second issue: Ibaraki.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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.

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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.

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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.

The 2nd Great Gaijin Massacre in Japan’s education system, with 5-year contracts coming due in 2018 (2023 for uni profs).

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. This is an update to the Ninkisei Issue within Japan’s Academic Apartheid Education System, where foreign educators are given perpetual contracts. A contracted position may not sound bad to Western ears, but Japan’s tertiary education system (the second largest in the world) generally does not contract full-time Japanese educators. Since most full-time Japanese enjoy permanent tenure from day one of hiring, a contract becomes a term limit only for foreigners. Abuses of the system include “The Great Gaijin Massacre” of 1992-1994, where most foreign faculty above the age of 35 in National Universities (kokuritsu daigaku) found their contracts were not being renewed — in a successful attempt by the Ministry of Education to bring in younger, cheaper foreigners. Since these veteran teachers had not paid into overseas pension plans (and decades of Japanese pension payments are nonrefundable), they could not simply “go home”. They got stuck with part-time work with no benefits to pay house loans, fund kids’ college tuition, or fulfill pension plans.

According to Ivan Hall’s CARTELS OF THE MIND (WW Norton, 1998), there are more full-time foreign faculty with permanent tenure in one American university than in all of Japan! Not to mention a systemwide disdain (“academic apartheid”) towards foreign educators regardless of qualification, seeing them merely as cheap disposable labor. See the Blacklist of Japanese Universities, a list of institutions with breathtakingly unequal employment policies, at www.debito.org/blacklist.html

Now for the update.  Let’s see what happened to the survivors a quarter century on. The upshot is that their turn to be fired is now coming. According to labor union expert CF:

================================
“I have given it a nickname – the “2018 Cliff” If you have been working from (April) 2013 continually on renewable contracts, then (March) 2018 will be 5 years of employment, therefore on April 1 2018, if you demand permanent employment, the company must keep you on as permanent – until retirement (albeit on the pre-2018 conditions) from April 2019. To avoid this, companies will be dumping staff before the end of March 2018 to avoid the transfer to permanent status (無期転換). For better or worse, universities and research facilities deadline is 2023, so employees have an extra 5 years’ grace. The Cliff is coming, and many will be pushed off.
================================

COMMENT: So this is what NJ who persevered and contributed the bulk of their working lives to Japanese society, get at the end: An unceremonious dumping onto the job market, with no new place to go, and skills that will not easily transfer to their country of origin. And often before their MINIMUM 25 years (yes!) of required Japan-pension contributions are fulfilled.

People seeking to make a life in Japan: Beware! Dr. ARUDOU, Debito

What follows is a discussion that transpired on a labor-rights listserv I subscribe to. Posts are used and redacted with permission:

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

Date: April 4, 2016
From: AB

Now going on three years, I was forced to resign in protest from a ’tenured’ position as an Associate Professor at [Honey Badger Japan] Jr. College. Going on 32 years, over half my life, living continuously in Japan – most of which was spent running from college to college as a hijokin adjunct, a graduate degree in T.E.S.O.L., research and publications, community out-reach work and international volunteer activities … phht … all gone.

How did HB Jr. College. do it? Or more importantly for fellow readers of this listserv, Easy. Here’s how it went down in my case.

Even after 11 years as a tenured full time member of the faculty, my department (only 8 full-timers at most) pretty much excluded me from any decision making processes at the required weekly meetings — and unlike my ethnic Japanese colleagues behavior towards each other, presumed to have the right to micro-manage my classes down to what language I should use in the classroom or in open campus activities, what materials are too easy, too difficult, or too unconventional for ‘my’ classes, and what pedagogic approaches I should use. A colleague (same age, became full-time when I did) opined that even on my weekends, I should first get departmental permission to use my English for volunteer activities … even in support of other departments at HBJC. I had no idea what they did on their weekends, could have been pachinko or Kabukicho for all I knew.

After some years of just shucking and jiving while bearing it all, I finally complained to the Gakucho (Dean), who reassured me that I was hired under the same conditions, rights, and obligations as ethnic Japanese members of the kyoujukai. Of course, how could he have said anything other?

I reported this back to my gakka’s shunin (Head of Department) who said:

1 – The current Dean of the school is wrong.
2 – I was hired while under the administration of a previous Dean with different policies, and those unstated policies were still in effect.
3 – The Department will not include volunteer activities in its curricula this year, so I am forbidden to use my office or resources for community outreach activities with the local city government (I was on the board of directors of XXXXX City government’s Kokusai Koryu Kyoukai) and other volunteer activities … four trips (at my own expense) to [an impoverished Asian country] with students from my own school as well as students from other Tokyo colleges, accompanying my students to a local kindergarten to teach English … as well as XXXXX in-house high school, working with Soup no Kai supporting the homeless in Shinjuku, collaborating with an NGO supporting the severely handicapped, and so on. Things that I thought would have been expected for promotion in U.S. universities were expressly forbidden by two successive department chairmen.

I reported the Department Chairman’s opinion to the Dean, particularly comment 3 which seemed contradictory to the school’s raison d’être as stated on their glossy homepage. The Dean disagreed with the department opinion, and once again, reassured me that I am an equal among equals, and it is up to me to just ‘try harder’ to communicate with my colleagues.

I requested a meeting between the Dean and my Department Chairman to decide my status … whatever that might be … along with its attendant rights and obligations. No such meeting was forthcoming, and neither did either indicate any willingness to discuss, much less settle, the issue.

Informed by the Gakubucho (Dean of the Jr. College and also a member of my department) that I was entitled and eligible to take my one year research sabbatical, I parlayed my volunteer activities in [the impoverished Asian country] with [a local institute] to serve as my sponsor, I quit my one part-time job at XXXXXXX University, and just prior to preparing for a year abroad, was presented by the Dean with a one page document, in Japanese, drawn up specifically for me. No other teachers who had taken sabbaticals in HBJC’s over 120 year history had ever been required to sign such a document requiring me to obey ALL school wide rules and attendant obligations, as well as ALL departmental rules and attendant obligations.

I pointed out that those rules and obligations were contradictory and problematic … and that they, themselves, have as yet to have agreed upon my status and obligations. In that meeting with the Gakucho and Gakubucho, I told them that if I sign such a document, according to department rules, I was explicitly forbidden by my department to voluntarily help even my own seminar student prepare for the XXXXXXXXX Speech Contest.  I had been the only one in the school since even before becoming tenured who took personal responsibility for speech contestant preparation.  Her speech was about her first hand experience at a seaside community during the Great Tohoku Earthquake. I asked the Gakucho and the Gakubucho that if I signed the document forbidding me from helping that student, if they would take personal responsibility for that student’s still embryonic speech. I still have a digital recording of that meeting, and the only response you will hear is an awkward silence.

Pressed again to either sign, or not sign, at the risk of losing my sabbatical … I had to make a choice on the spot, either support the student, or support my ‘career’. With no family depending on me to bring home the bacon, I had the luxury of choice, so I refused to sign. Meeting ended. Research sabbatical immediately revoked.

A day or so later, I made a phone call to XXXXXX University explaining my sabbatical had been canceled and inquired whether I might retain my 3 koma one-day a week schedule. ‘Sorry, that position has already been filled’ was the courteous reply.

Later I received a letter from the head of the Board of Directors of HBJC Inc. telling me that as I have demonstrated no willingness or capacity to follow BOTH the school and the department rules, as of the following academic year, I was to be relieved of all rights to teach classes, and report to my office and await forthcoming orders to be later more clearly specified.

In the meantime, I joined a local union, showed up to a few larger union meetings, and talked with a lawyer — who said I would likely win a case against the school, but it would be a long, emotionally costly, pyrrhic victory at best. A year and a half later, a couple of meetings between the school lawyer and my labor union reps, and my allotted medical leave of absence had expired, leaving me with no choice but to either return to the school under the same conditions (no classes, no research sabbatical) … or resign.

In effect, fellow listserv readers, ignore this cautionary tale at your own peril. When push comes to shove, your ‘contract’ is not worth the paper it’s written on.  Thinking that at age 60, with half a life-time experience, I could just start all over again and go back to life as an itinerant hijokin, living year by year. Ha. Can not even get beyond the faceless intercom voice at the new pre-school next door to my apartment to offer my services as an English volunteer (and here I am being led by mass media to believe the day care centers are in crisis mode) — much less even get a single koma of part-time work in Japan.

I will end this post with [this thought]: Earlier tonight, I saw on NHK 7 pm news that Tokyo Institute of Technology’s Dean gave the opening ceremony speech in English … ‘Be positive. Take chances’. What a crock. A goddamn Kabuki show. And followed at 7:30 pm by more Olympics-inspired panem et circenses in place of my beloved Hiroko Kuniya in prime-time ’Close Up Gendai’ … as if a bevy of ambitious cute young things in the late night CUG ‘plus’ will make up for her once or twice in a generation journalistic integrity. Sincerely, AB.

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

Date: April 14, 2016
From: CD

AB, it sounds like you were put through hell and back. I’m really sorry to hear it!

I’ve advised a number of people in labor situations over the years, including six people over the last twelve months. To be honest, there seems to be a recent upswing in these kinds of cases, almost to the extent of the great “gaikokujin kyoushi” purge of the 90s. While I have my own theories, I’d be interested in reading other opinions about whether and why this may be happening.

I have a pretty good track record with labor cases, not to mention negotiating experience on both sides of the table. From this perspective, let me offer some general advice:

1) Regardless of the provocation, don’t ever quit (unless of course you have a great new job lined up). Let them fire you instead–being terminated gives you advantages later.

2) While certain things can be required of joukin (aka “tenured”) university faculty–to include both the submission of syllabi and the wording used in said syllabi–many of the things listed in AB’s post (e.g., language of instruction, specific pedagogical approaches and materials) usually cannot be demanded of university joukin. (Part-timers can have less protection.) The only exceptions to this that I know of would be where the language and pedagogical requirements were either known to the applicant before hire or represent standards developed and agreed to by all (to include AB) the joukin faculty responsible for these classes–situations seen mostly with intensive language programs or English-medium instruction (EMI) departments/institutions.

3) Given #2, and assuming that AB really was joukin (hired under the same conditions, rights, and obligations as ethnic Japanese members of the kyoujukai), many of the issues described at his workplace fit the government’s definition of Power Harassment (パワハラ).

4) There are several legal remedies available to people in such situations, some expensive and some not so expensive. Regarding the latter, on February 13 in a post to this listserv, I described in detail a FREE (albeit slow) process where the city will fight your employer to stop the Power Harassment (to include even unlawful termination). Again, this process is SLOW–typically, it takes four months to a year to conclude a case. However, I have found it reasonably effective (they usually can negotiate better treatment/employment terms and/or buyouts)… and again it’s free.

5) As alluded to in #2, #3 and #4, the laws here are, to a surprising extent, designed to protect the employee. Moreover, even as a foreign contract worker, you sometimes (e.g., occasionally even in the case of contract non-renewal) have legal protections/recourses available to you that are not available in your home country. Failing to utilize them when wronged is… silly.

6) That said, join a union and try to prepare BEFORE trouble starts. Unions tend not to look favorably upon those who join only after something bad happens. Some will refuse outright to help, while others may be lukewarm in their support. In addition to joining a union, always keep everything (including the advertised copy of your job description and all pertinent emails) and document everything related to your job duties and work performance. While most likely you will never need them, the sad reality in this country is that you never really know. I personally have known foreigners who have had no problems for YEARS–sometimes over twenty years–only to come to work one day and suddenly find that they are no longer wanted.

7) If you need action/results quickly, use a lawyer–preferably one either contacted through your union or specializing in labor issues–and prepare to go to court. Remember that Japanese people DO sue their employers, and such lawsuits are not so rare. At my current university (and department…), there have been three (!) such lawsuits over the last eight years.

8) Know that, regardless of the strength of your case, your lawyer will never promise victory. (Typically, the best they’ll give you is a 50-50 chance if it goes to court.) That said, as I’ve posted numerous times before, your employer almost always does NOT want to go to court–because of the stigma involved in such cases, even winning represents bad publicity. Given this, employers in my experience will almost invariably seek to settle before going to trial.

9) Your employer will most likely lowball you with their first settlement offer and/or try to intimidate you into taking nothing. Now, the amount of settlement you can (should?) receive depends on many factors, including your hiring status (e.g., “joukin” or “ninki-tsuki”), years employed, the strength of your case and employer perception of your ability/willingness to fight. (I have personally found the last to be the most important factor.) That said, with regards to termination and contract nonrenewal cases, while every situation is different (and assuming you are not simply reinstated to your position), I’ve generally seen settlement ranges from four months to twelve months of salary.

Hope this helps! Sincerely, CD

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

Date: April 14, 2016
From: EF

At this point I would advise against teachers to stay here after age 50 or even after 45, unless you have tenure. I met a teacher who is 57 and lost his job at [a National University] after 8 years. Seven other teachers were gotten rid of too. He has a Ph.D. in education but can only get part-time work now. I know another teacher in [a city near Tokyo] who has no job and he must be about 58 or 59 now.

At my new job in XXXXX City the form asked whether I want to get paid or even be paid for commuting.  I guess they hope I will work for free. What do they want, retired teachers to just volunteer.  This could be because of money problems. At a national university in Tokyo, with a deficit of 400 million yen, the university decides that the tea machine in the part-time teachers’ room has got to go. This is in Chofu. Sincerely, EF

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

Date: April 15, 2016
From: GH

I would be wary of the idea that universities have an exemption to the five-year rule. There was a big discussion at my university about this last year, and the head of HR and one of the rijis told me that the wording of the exemption is not very clear (surprise surprise!) and that even among national universities, there was disagreement about what it actually means. Apparently, some universities are now taking the limit to be ten years whereas others are playing it safe and assuming it to be five. Wherever you work, it might be a good idea to find out how they are interpreting it.

My grasp of the legislation is not at the level of some of the posters here, but as I understand it, this new law comes with a number of loopholes anyway. For example, universities will still be able to cut part-timers if they are no longer needed because of “changes to the curriculum” regardless of how long they have worked there. A change to the curriculum could be something as minor as a tiny alteration to the name of a class (“the class that teacher taught is no longer offered at our university, so his/her services are no longer required”) so it seems to me that universities could still get rid of someone quite easily if they wanted to.

I think that in a perverse way, the situation will only become clear when the first person takes their institution to court. If / when that happens, all the other institutions will panic and there will be a huge cull. If it never happens, I guess universities will gradually forget about it. As I say, I am most certainly not an expert on this, but this is the situation as it was explained to me by the people in charge at my university. Sincerely, GH

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

Date: April 15, 2016
From: AB

To: ARUDOU, Debito

Hello Debito san,

Maybe you remember our recent exchange in an e-mail saying I was working on my own writing chops to add to the ‘Great Dialog’ of culture … what it means to be a human, what do we mean by ‘education’, and so on. I have been doing so on Quora, and many times, have posted links to your web page to substantiate my more anecdotal arguments. I am grateful for your critical eye and sheer doggedness in providing a much needed source of information that deserves a wider audience.

I am now 60, and apparently locked out of a career track in academia … failing to gain even one koma of part-time work after two years of submitting resumes and showing up for interviews, failing to gain permission to resume doctoral studies at XXXX Japan, and even failing to gain admission to an on-line Master’s Degree course at XXXXXXXX University in the US. As such, I do not have the financial safety-net of any institution at my disposal, and neither do I have the presumption that I will some day regain such institutional protection. And being kanji illiterate, I don’t even know how much I don’t know about Japanese law and what obligations and rights to which I am entitled (similar to my being kept running circles in the dark at HBJC Inc.). Feeling the full force of the Dunning-Kruger effect here.

Despite an abundance of information from your website (and book – bought, but not yet read), and some well-considered and well-meant advice from listserv members, Facebook ‘buddies’, Quora, and even family back in the states … my day to day survival, even my sanity, is sustained by only three things:

1 – A small community made up primarily of a close circle of friends, mostly Japanese — and mostly here in Japan. I think the constraints of Dunbar’s Number has more than a little to do with this.

2 – The new found leisure to read from the great works of the liberal arts tradition as well as more recent STEM oriented material … and write — as therapy. It helps to have at my disposal more than a lifetime’s worth of books, music, movies, and a wall full of video lectures from The Great Courses series.

3 – A stubborn tenacity to stand by the values and beliefs I have gained from the above two.

Kind regards, Debito san. And keep up the good fight.  Sincerely, AB.

ENDS
====================================

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YouTube video of Tokyo Police using excessive force to subdue a Non-Japanese in public

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Hi Blog.  Check this out:

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

Al:  Hi Debito, In the wake of the case of Mr. Suraj, the Ghanian who was killed by Japanese immigration during a botched deportation, I’d like to share a video of clear use-of-excessive-force by Tokyo police on NJ:


https://www.youtube.com/watch?v=ee6eV2dMo4w

Though we don’t know what the NJ did or how they took him to the ground, clearly he is already on the ground, subdued with 3 officers on top of him. The disturbing part is the officer who is sitting on his lower back, applying unnecessary and excessive pressure to bend his spine. Why was this necessary?? He’s already on the ground, with his hands behind his back, and poses no threat to any of the officers.

He’s clearly in a lot of pain, which shows in his voice. The officer sitting on his lower back could have simply just pinned his legs to the ground rather than bending his spine the way he does in the video. The officers are from Tokyo as can be seen by the 「警視庁」emblem on their uniforms.

Please get this video out as it is a disturbing case of excessive use-of-force on an NJ. Additionally, I find that use-of-force by Japanese police tends to be very arbitrary, without any clear goal or regulating doctrine. I myself have had my arms grabbed and pulled out of a department store for an ID check. Thanks, Al

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

COMMENT: Do people still doubt the Japanese police are incapable of breaking a NJ’s leg while subduing him? Or in the UG Valentine Case, crippling him for life?  Are they trying out a new technique to see if NJ can withstand more pain than average?  Or are they using actual police training, which has resulted in the mysterious death of at least one NJ in Tokyo and at least five more between 2014-2015.  Maybe these other NJ deaths are less mysterious now too.

Somebody please feel free to make a copy of the video for us before it disappears and send to debito@debito.org.  Dr. ARUDOU, Debito

PS: Although we have some bystanders repeatedly telling the police they’re overdoing it, I find it especially chilling how one unempathetic person starts calling it “revenge”?

Out in Paperback: Textbook “Embedded Racism” (Lexington Books) July 2016 in time for Fall Semester classes: $49.99

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embeddedracismcover
Hi Blog. I just received word from my publisher that “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books / Rowman & Littlefield 2016) will also be released as a paperback version in July/August 2016.

This is good news. Usually when an academic book comes out in hardcover, the paperback version is not released for a year or two in order not to affect sales of the hardcover. (The hardcover is, generally, intended for libraries and must-have buyers).

However, sales of the hardcover have been so strong that the publisher anticipates this book will continue to sell well in both versions.

So, just in time for Fall Semester 2016, “Embedded Racism” will be coming out over the summer for university classes, with an affordable price of $49.99 (a competitive price for a 378-page textbook, less than half the price of the hardcover).

Please consider getting the book for your class and/or adding the book to your library! Academics may inquire via https://rowman.com/Page/Professors about the availability of review copies and ebooks.

Full details of the book, including summary, Table of Contents, and reviews here.

Hardcover version: November 2015 (North America, Latin America, Australia, and Japan), January 2016 (UK, Europe, rest of Asia, South America, and Africa), 378 pages
ISBN: 978-1-4985-1390-6
eBook: 978-1-4985-1391-3
Subjects: Social Science / Discrimination & Race Relations, Social Science / Ethnic Studies / General, Social Science / Minority Studies, Social Science / Sociology / General

Dr. ARUDOU, Debito

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

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

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

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

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

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

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

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

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

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JT Interview: Tokyo 2020 Olympics CEO Mutou picks on Rio 2016, arrogantly cites “safe Japan” mantra vs international terrorism

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Hi Blog. Once again hosting an international event brings out the worst excesses of Japan’s attitudes towards the outside world. Mutou Toshio, CEO of the 2020 Tokyo Olympics and a former deputy governor of the Bank of Japan, talked to The Japan Times about Japan’s superiority to Rio 2016 in broad, arrogant strokes.

Article at: http://www.japantimes.co.jp/news/2016/04/04/national/2020-tokyo-olympics-ceo-weighs-security-differences-rio/

Some highlights:

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

The CEO of the 2020 Tokyo Olympics says security is his greatest concern but believes Japan will be safe from the kind of mass street protests currently overshadowing this summer’s Rio de Janeiro Games.

“If I had to choose just one challenge from many it would have to be security,” Toshiro Muto told The Japan Times in an exclusive interview. “There are many threats of terrorism in the world. […] To combat this, the organizing committee, Tokyo Metropolitan Government and national government need to be able to deal with it at every level. Cooperation is vital.”

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

Yes, we’ve seen what happens when Japan’s police “cooperate” to ensure Japan is “secure” from the outside world whenever it comes for a visit. Many times.  Consider whenever a G8 Summit is held in Japan, Japan spends the Lion’s Share (far more than half the budget) on policing alone, far more than any other G8 Summit host. Same with, for example, the 2002 World Cup.  The government also quickly abrogates civil liberties for its citizens and residents, and turns Japan into a temporary police state. (See also “Embedded Racism” Ch. 5, particularly pp. 148-52). I anticipate the same happening for 2020, with relish.

But Mutou goes beyond mere boosterism to really earn his paycheck with arrogance, elevating Japan by bashing current hosts Rio.  (Much like Tokyo Governor Inose Naoki, himself since unseated due to corruption, did in 2013 when denigrating Olympic rival hosts Istanbul as “Islamic”.)  Check this out:

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

The Olympics have proved to be a lightning rod for demonstrations in recession-hit Brazil, with many people angry at the billions of public dollars being spent on the event.

But Muto, a former deputy governor of the Bank of Japan, is confident that Tokyo can avoid similar scenes despite public concern over the cost of hosting the Olympics.

“The demonstrations in Brazil are down to the fact that the economy is in great difficulty and the government is in trouble,” he said. “At times like that, there are bigger things to think about than a sports festival.

“I don’t think that kind of problem will occur in Japan. Of course you never know what will happen, but I think the environment in Brazil and Tokyo is completely different.”

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

Yes, unlike that country with its beleaguered economy and unruly population, Japan’s economy is doing so well. It is, after all, the only developed country whose economy SHRANK between 1993 and 2011 (Sources: IMF; “Embedded Racism” p. 291). Like Mutou says, there ARE bigger things to think about than a sports festival. Like, for example, regional assistance for the recovery from the triple disasters of 2011?

On that point, Mutou begins “talking up the yen” in terms of the potential economic impact of the 2020 Olympics:

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

“If you look at it in isolation, labor costs have started to rise recently and I understand that could have a negative effect on recovery,” Muto said. “But I think a successful Olympics will help people in the affected areas.

“Until very recently, there were around 8 million foreign tourists visiting Japan a year. In 2015 it rose to almost 20 million. The government thinks around 40 million tourists will visit in 2020. Those people will not only visit Tokyo but places all around the country. In the areas affected by the disaster there are various tourist spots, so it should have a beneficial effect.”

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

Yes, I’m sure people will be flocking to Fukushima and environs to see the tens of thousands of people still living in temporary housing more than five years after the disasters.

Finally, the article concludes with a word salad of slogans from Mutou:

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

“In the future, if the Olympics cost huge sums of money to stage, it will place a big burden on the people of that country. If that happens, more and more people will speak out against it. It’s not appropriate to have an extravagant Olympics. If it’s an Olympics that avoids wasting money, then I believe it can contribute toward peace.”

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

Given that even the JT article acknowledges the Olympian waste of money by reporting: “[T]he games have nonetheless been accused of gobbling up public funds and slowing the pace of recovery in the areas affected by the 2011 Great East Japan Earthquake. […] French prosecutors investigating corruption allegations into the former head of world athletics last month expanded their probe to examine the bidding for Tokyo 2020,” it’s a bit rich for Mutou to conclude with yet another pat “peace” mantra, while ignoring his previous sentences on the burdens being put on the people of that country.

May the French prosecutors uncover something untoward and finally get this society-destroying jingoistic nonsense to stop.  Dr. ARUDOU, Debito

Full article at:
http://www.japantimes.co.jp/news/2016/04/04/national/2020-tokyo-olympics-ceo-weighs-security-differences-rio/

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

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

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Hi Blog.  Here’s another one of Reuters’ in-depth reports (I say “another” because they did an excellent on Japan’s “Trainee” Visa system as “sweatshops in disguise” back in 2014) on Japan’s deadly Detention Centers, aka Gaijin Tanks, where people wait indefinitely for refugee status or deportation (and, according to Amnesty International, are subjected to extortion and physical abuse, because Gaijin Tanks are not officially “prisons”, and are not subject to the same incarceration oversight that actual Japanese prisons get).  So what happens?  People die.  Reuters below has done some investigative journalism that more news agencies should be doing.  Be sure to visit the link to the Reuters site as well in order to see some good stats in graphic form, not to mention related articles.  Dr. ARUDOU, Debito

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

Death in Detention
Grim toll mounts in Japanese detention centers as foreigners seek asylum
By Thomas Wilson, Mari Saito, Minami Funakoshi and Ami Miyazaki

Reuters, Filed March 8, 2016, 2:45 p.m. GMT  Courtesy of JH.

http://www.reuters.com/investigates/special-report/japan-detention/
Photo Caption:  Niculas Fernando was in Tokyo to see his son and sit out potentially violent elections at home. The Sri Lankan’s death, in a cell monitored around the clock, reveals fatal flaws in a system stretched by record numbers of asylum seekers.

日本語版 (Read in Japanese)

TOKYO – Niculas Fernando died at a Tokyo immigration detention center sometime between 9:33 a.m. and 10:44 a.m. on November 22, 2014, according to the coroner.

But it wasn’t until shortly after 1 p.m. that day that guards realized something was badly wrong – even though Fernando had been moved to an observation cell monitored via closed-circuit television after complaining of sharp chest pain.

An inmate had to alert the guards before they rushed into Fernando’s cell and tried to revive him. They found him lying face down on a mattress stained with his urine. He was lifeless.

A devout Catholic from Sri Lanka, Fernando had come to visit his son, who lives in a Tokyo suburb where he works in a restaurant kitchen. He was the fourth person to die in Japan’s immigration detention system in 13 months. In total, 12 people have died in immigration detention since 2006, including four suicides. In 2015, 14 detainees tried to kill or harm themselves at the detention center where Fernando died, according to data from the facility.

A Reuters investigation into the circumstances surrounding Fernando’s death, including dozens of interviews with detainees, immigration officials and doctors, revealed serious deficiencies in the medical treatment and monitoring of Japan’s immigration detention centers. Guards with scant medical training make critical decisions about detainees’ health. Doctors visit some of the country’s main detention centers as infrequently as twice a week. And on weekends there are no medical professionals on duty at any of the immigration detention facilities, which held more than 13,600 people in 2014.

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Three of the four deaths in detention between October 2013 and November 2014, including Fernando’s, occurred when there were no doctors on duty. Like Fernando, another one of the detainees died while in an observation cell.

Japan’s immigration system is under increasing strain. As a torrent of refugees pours into Europe, Japan also has record numbers of people landing on its shores in search of refuge. As of June last year, it had 10,830 asylum applications under review – small by Europe’s standards, but a new high for Japan, a nation that has long been reluctant to take in outsiders.

In February, more than 40 detainees went on hunger strike at a facility in Osaka to protest their conditions [As they did in 2010, to little change — Ed.]. Their main complaint: Poor medical care.

The system’s oversight, too, is limited. Members of the watchdog body tasked with monitoring Japan’s 17 detention centers are appointed by the justice minister, who oversees the detention system. The findings of the watchdog are edited by the Justice Ministry before being made public, and the ministry has failed to act on repeated recommendations for improving medical care, say its members.

“I wanted to shout at them when I heard that guards left him alone for such a long time,” said Tooru Tsunoda, a doctor and vice chairman of the watchdog body that monitors the center where Fernando died. A report by the oversight group said guards “misjudged the seriousness” of Fernando’s condition. By not sending him to hospital immediately, the report found, they “missed opportunities to avoid his death.”

Report by immigration detention watchdog body on Niculas Fernando’s death
Justice Minister Mitsuhide Iwaki said the reports he received showed that in all four deaths, “appropriate medical steps” had been taken. “I do not acknowledge there were problems in the responses or the medical care provided.”

Fernando, who ran a travel agency back in Sri Lanka specializing in pilgrimages, hadn’t seen his son George for eight months when he reached Japan. Before he left home, he visited the many churches in his coastal hometown of Chilaw and “prayed for 24 hours,” said his wife, Magret.

A framed picture of Fernando sits on a table in the home where he and Magret lived from the time they wed in 1983. They had fallen in love and married within a month, even though Fernando’s family had initially opposed the union because Magret was nine years his elder.

The day before he died, Fernando called Magret from a payphone for inmates in the detention center. “He was not ill,” she said.

Sitting on a sofa and weeping quietly, she recalled Fernando’s last words before boarding the plane for Japan: “I’ll come back. Look after the children.”

He never returned. In fact, Fernando never made it through immigration at Tokyo’s Haneda Airport.

George and his wife waited in the arrival hall for Fernando after his plane landed at around 11 p.m. on Nov. 12. At 2 a.m. they learned Fernando had been detained by immigration officials who did not believe he was a genuine tourist.

“We would have loved to hear our father’s voice, but they didn’t give him the chance to talk to us,” said George, 27, speaking in Sinhalese through an interpreter at his apartment.

Two days later, George got to see his father. They met in a small room at Haneda Airport, separated by a glass partition.

“We couldn’t touch or hug,” said George.

George and his two brothers portray their father as a devoted family man who prayed daily, never drank and often took his family with him on work trips around Sri Lanka and India.

“He’d pray for at least an hour every morning, bowing down,” said his eldest son, Jerad, standing outside the home of a relative in a village near Chilaw. “His knees were black from the marks made from praying.”

One family photo shows Fernando playing a guitar as Catholic pilgrims dance behind him during a 2012 tour of churches in the north of Sri Lanka. George recalls his father joining a peace mission to a Tamil Tiger-controlled area in the late 1990s led by Bishop Malcolm Ranjith during Sri Lanka’s civil war.

Fernando “voluntarily joined our group and went as part of our pilgrimage,” Ranjith, who is now archbishop of Colombo, told Reuters. He described Fernando as “a very pious person.”

Fernando also was active in one of Sri Lanka’s main political parties, and that background may be key to understanding a surprising decision he made during his detention – to ask for asylum.

George said his father was a supporter of the United National Party (UNP), which now heads the ruling coalition in Sri Lanka, and had been the target of political violence in the past. With speculation growing that national elections were imminent, Fernando timed his visit to Japan so he could sit out the vote and escape any potential violence, George said.

But facing deportation after his arrest at Haneda Airport, Fernando decided to seek asylum, which would have allowed him to stay in Japan while his request was processed. He was going to return home once any election-related violence had subsided, his son said.

Elections in Sri Lanka were formally announced on Nov. 20. Fernando died two days later, before he could file the asylum papers, George said.

George and his Sri Lankan wife have been seeking asylum themselves in Japan for almost two years. A copy of his application says George faced death threats from political rivals when he worked for the UNP, which was in opposition at the time he sought asylum.

Asylum applications have jumped more than six-fold since Japan altered its immigration rules in 2010. The change allowed asylum seekers to obtain six-month renewable work permits while their applications are reviewed. But Japan is sparing when it comes to granting asylum: Only 27 people were approved in 2015.

The rule change, combined with Japan’s chronic labor shortage and strict immigration policy, has spawned a system of backdoor immigration, as Reuters illustrated last year in an article detailing Subaru’s heavy reliance on asylum seekers who toil in the factories that supply it with car parts.

Five days after arriving, Fernando was transported from a lock-up at the airport to the Tokyo Regional Immigration Bureau, a tower block overlooking the docks and a waste-incineration plant. A one-stop shop for visa renewals, asylum interviews and deportation orders, the complex also serves as a detention center for up to 800 people.

Fernando was placed in a cell in G-Block with two other detainees, from China and Peru. Fellow detainees described him as a serious man obsessed with cleanliness.

On the Saturday morning Fernando died, James Burke, a Canadian in the adjacent cell, was awakened by the Sri Lankan’s cries. It was around 7 a.m. Noise travels easily on the block and Fernando was in obvious pain, Burke said. “He was moaning and moaning and moaning.”

Fernando’s Peruvian cellmate called the guards and told them the Sri Lankan wanted to go to the hospital because his chest was hurting. The guards refused, saying the hospitals were closed on Saturdays, according to Burke and two other detainees who witnessed the events and asked not to be named.

At least two hospitals within a few miles of the detention center are open around the clock on weekends, including Saiseikai Central Hospital, where Fernando’s body would be taken later that day. Naoaki Torisu, a senior Justice Ministry official who oversees immigration detention, declined to comment on what specifically the guards told Fernando.

“His symptoms didn’t seem that serious,” Torisu said. “If his condition had worsened, we would have called an ambulance or taken him to hospital without hesitation.”

At 7:30 a.m., guards measured Fernando’s pulse and blood pressure, according to an internal report by the Tokyo Regional Immigration Bureau that was reviewed by Reuters. They found no abnormality, Torisu said.

But Fernando soon called for the guards again, this time more loudly. “He’s in real discomfort,” recalled Burke, who was being held at the time for overstaying his visa and is now on provisional release from immigration detention. “He was begging them, ‘I’m a Christian and I wouldn’t lie. I need to go to hospital or I’m going to die.’”

Just before 8 a.m., guards led Fernando to a room to check his condition. A report by the national Immigration Bureau, which is part of the Justice Ministry, said the guards “could not grasp the seriousness” of the situation because another Sri Lankan detainee who was acting as an interpreter did not translate Fernando’s words accurately. But the Justice Ministry’s Torisu told Reuters the guards did understand what Fernando was saying.

When the Sri Lankan returned to his cell a short while later, he looked relieved, said Burke. He gathered his Bible and clothes. “You could see it in his face – he was getting his stuff, thinking he would get help.”

But Fernando wasn’t taken to hospital. At 8:16 a.m., guards moved him to an observation cell fitted with closed-circuit television for around-the-clock surveillance of detainees who are ill, unruly or have tried to harm themselves.

Around 9 a.m. Fernando again called the guards from the cell. They told him to wait until the morning roll call was over, said Burke and two other detainees.

At 9:22 a.m., Fernando washed his hands and appeared to vomit. He then lay face down on a futon, according to the Tokyo Regional Immigration Bureau report on his death. At 9:33 a.m., he stopped moving.

A few minutes later, a guard brought a television to Fernando’s cell. He called out but Fernando didn’t respond. Thinking the Sri Lankan was asleep, the guard didn’t check to see if he was all right, the report said. For the same reason, guards did not check Fernando for the next several hours.

Immediately after cell doors opened at 1 p.m. to allow detainees out for the afternoon break, the Sri Lankan who had interpreted for Fernando hurried to the observation cell. Fernando’s breakfast – the standard white bread, jam and boiled egg – lay untouched. Fernando wasn’t moving. His body was cold.

Alerted by the detainees, guards rushed into the observation cell. It was 1:03 p.m. – three and a half hours since Fernando had last shown any signs of life.

A guard performed CPR on Fernando, but it was too late.

An ambulance was called and his body was carried out of G-Block on a stretcher, his face uncovered, two detainees said. Two hours later, he was pronounced dead. He was 57 years old.

Koichi Uemura, a coroner asked by the national Immigration Bureau to write an in-depth autopsy report on Fernando’s death, told Reuters he was allowed to view the video footage of the Sri Lankan in the observation cell. He said it was possible to tell from the images that Fernando was struggling and moaning before he lay down in the cell.

Uemura said he was asked to compile a report after the Immigration Bureau had investigated Fernando’s death and found that “there was quite a high possibility that (the detention center) did not provide adequate medical care, and that his illness got worse because he was left unattended.” A doctor at the Tokyo Medical and Dental University who performs autopsies for the police and courts, Uemura stopped short of saying that Fernando’s death could have been avoided if guards had taken him to hospital.

The Justice Ministry rejected a public disclosure request by Reuters to view the video footage of the observation cell, citing privacy reasons.

Since 2010, the Immigration Detention Facilities Visiting Committee – the watchdog body – has repeatedly called for improvements to medical care at detention facilities. Six current and former members of the 20-person oversight body told Reuters that key recommendations have not been implemented.

Inmates voice a similar grievance. In two handwritten letters, the hunger strikers at the detention center in Osaka complained about limited access to doctors and said guards without medical training were making judgment calls about the health of detainees.

Their protest didn’t impress the authorities. Tomohisa Takayama, a spokesman for the Osaka Regional Immigration Bureau, said there was no “rational reason” for the complaints, and that the hunger strike ended after five days.

In May, a former member of the watchdog wrote to then-Justice Minister Yoko Kamikawa calling for full-time doctors at detention facilities, better monitoring of detainees who are unwell and improved psychiatric care.

But the watchdog lacks teeth. It doesn’t perform surprise inspections. Its visits to detention centers are pre-arranged, and its members are escorted by immigration officials.

There has been little change since the deaths. Guards have been given “fresh instructions to call ambulances” in situations where they are having trouble “making judgments,” said the Justice Ministry’s Torisu. And two guards are being trained as assistant nurses in the entire detention system, which on Nov. 1 last year was holding 1,070 inmates.

It is “probably insufficient” that there are no doctors on duty at weekends, but that doesn’t mean medical care is lax, said Torisu.

On Nov. 22, the day Fernando died, George got a call from a family friend. “He asked me to calm down, to sit down,” George recalled, his eyes filling with tears. “He told us my father had passed away… I asked God why he took my father.”

The next day, George tracked Fernando’s body to a police station near the detention center. Officers there tried to stop him from opening the white body bag that contained his father’s body.

OBSCURED: Large sections of an official report on Niculas Fernando’s death that was released to Reuters were redacted. Click here to view the report. Source: Justice Ministry, Japan

“But I opened the bag,” he said. “I asked them if they were investigating my father’s death. They said they were, and when they had the report they’d tell me.”

George has never received any of the reports on his father’s death. On Dec. 19, almost a month after he lost his father, George received the death certificate. It didn’t contain the answer he’d been seeking: Cause “unknown,” it said.

That same day, Fernando was cremated about three miles from the detention center where he died. His family had hoped for a Catholic burial in Chilaw, but could not afford to fly his body home. His third son, Jude, who traveled to Japan for the funeral, is also now seeking asylum.

It would be another three months before Fernando’s family learned from Sri Lanka’s Foreign Ministry that he had died of a heart attack.

“I can’t believe that I lost my father,” said George. “Japan’s immigration authorities must take responsibility for my father’s death.”

The Justice Ministry has not made public the findings of the investigation into the case nor released them to Fernando’s family.

In response to a public disclosure request, Reuters received a copy of the national Immigration Bureau’s report from March last year. It was heavily redacted. Under a section titled “Problems,” every line had been blacked out.

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

SUB-ARTICLE

Death, drugs and detention

By Minami Funakoshi, Thomas Wilson, Ami Miyazaki and Mari Saito
In the 13 months before Niculas Fernando died in a Japanese immigration detention center in 2014, three other men suffered the same fate.

• Anwar Hussin, 57, a Rohingya from Myanmar, died on Oct. 14, 2013, after suffering a stroke while being held at the same detention center as Fernando.

• Saeid Ghadimi, a 33-year-old Iranian, choked on food and died on March 29, 2014, at the East Japan Immigration Center in Ibaraki prefecture, a sprawling complex set among rice paddies northeast of Tokyo.

• Flaubert Lea Wandji, a 43-year-old Cameroonian, died at the same center the next day, most likely due to acute heart failure.

The names of Ghadimi and Wandji, and many of the details of their deaths, have not been previously reported.

Like Fernando, Wandji died after being moved to an observation cell so his condition could be monitored. But the guards failed to grasp the need to take Wandji to hospital, the watchdog committee that monitors Japan’s detention centers said in a report last March to the national Immigration Bureau, which is part of the Justice Ministry. The report was reviewed by Reuters.

NO PROBLEMS: Justice Minister Mitsuhide Iwaki said ‘appropriate medical steps’ were taken in the case of all four men who died in immigration detention in the space of 13 months. REUTERS/Issei Kato/Files

The watchdog report drew attention to what it said was the heavy prescription of drugs to detainees. At the time he died, Ghadimi had been prescribed 15 different drugs, including four painkillers, five sedatives – one a Japanese version of the tranquilizer Xanax – and two kinds of sleeping pills, the report said. At one point during his incarceration, he was on a cocktail of 25 different pills.

“It is not an exaggeration to say he was in a so-called ‘drugged-up state,’” Teruichi Shimomitsu, a doctor and retired member of the watchdog body, wrote in a letter last May to then-Justice Minister Yoko Kamikawa.

Naoaki Torisu, a senior Justice Ministry official responsible for overseeing immigration detention centers, said parts of the committee’s report were “unclear.”

“Detainees take pills prescribed according to their medical needs,” he told Reuters. “I cannot grasp the exact intent behind the committee’s statement.”

Two psychiatrists cited in a November 2014 national Immigration Bureau report said the Iranian’s medications did not cause him to choke.

The prescription of sedatives and antidepressants is common in Japan’s detention centers, say doctors and detainees. Some inmates told Reuters they were given sedatives after arguing with guards or other detainees. Others said they became dependent on the drugs as they faced indefinite detention.

Checks are needed to ensure doctors do not prescribe “massive amounts” of sedatives to keep “rebellious” detainees quiet, Shimomitsu wrote in his letter to then-Justice Minister Kamikawa.

The Justice Ministry’s Torisu disputed that sedatives were used to pacify troublesome detainees. “Psychiatrists prescribe them because they are deemed medically necessary,” he said.

—————

ENDS

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Onur on continued racial profiling at Japanese hotel check-ins: Discrimination is even coin-operated!

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Hi Blog. Another letter below from a Debito.org Reader talking about how Japanese hotels are continuing to racially profile their customers at the behest of the police, and in a way actually against the law. More on this here. Reprinted with permission of the author.  Dr. ARUDOU, Debito

//////////////////////////////////////
March 3, 2016
Hello Dr. Debito,

I am a foreigner living in Japan. Your “WHAT TO DO IF” page has a column about “…you are asked for your passport number at a hotel, despite having an address in Japan.” and “…you are refused service at a hotel.”, which is very informative. I would like to share my experience.

I travel often, so I stay in many business hotels in Japan. Not all but many of them caused many problems due to the passport copy rule. Of course I carry only my residence card, not my passport. In the past I used to allow them when the hotel wants to copy my residence card. I remember that a hotel in Asakusa ward of Tokyo even asked me to copy my residence card by myself! The woman at the reception pointed the coin operated photocopier in the hall and told me to copy my residence card and bring it to the reception. I said it is coin operated, not free and she said pay the money to the machine. I paid the money, copied my residence card by myself and gave the copy to the reception. Even though it was hotel’s photocopier, they did not pay the money back!

Later I learned that as I have an address in Japan, hotels do not have the authority to ask my residence card and started to reject them when they asked to copy it. Still I was showing the card when they asked. Two years ago I had a bad experience at Inuyama Central Hotel in Aichi Prefecture. I wrote my Japanese address to the guest registration form, but two old male receptionists asked my passport. As I don’t carry it, I showed them my residence card and my address on it. They wanted to copy it, but I said no. They said that they must copy my residence card according to the law of Japan. I said copying is not necessary and they did not allow me to check-in! We had a long argument, but they refused me service. I was extremely tired and exhausted, it was late at night and it would be hard to find a place stay at that time, so I decided to resolve it the next day and allowed them to copy my residence card.

The next day I checked out and tried to find some help. Unfortunately it was Sunday and public offices were closed. I went to the the police center but they were not knowledgeable about the law. Then I went to the local Tourism Association. They called the hotel but the hotel said they are sure that the IDs of all foreigners must be copied. The association called other hotels to confirm and other hotels said that that law applies only to the tourists.

The association called again the Inuyama Central Hotel to inform, but the hotel said that they also checked it and learned that only the passports of tourists must be copied! I said I want to get the copy of my residence card back and went to the hotel. In the hotel I saw only a young female receptionist. She gave the copy and just said sorry (moushiwakegozaimasen). I said “I lost half a day and had many problems because of your hotel’s fault and is that all you say?”. She said moushiwakegozaimasen only and got rid of me. You can read my review and their reply on Rakuten travel at
http://review.travel.rakuten.co.jp/hotel/voice/108717/10869996?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=1

This problem is widespread in Japan, not limited hotels in the rural places, which are not familiar with foreign guests. Even Hotel Sunlite Shinjuku in Tokyo, which is a big hotel full of foreigner guests wanted to copy my residence card. My review is at
http://review.travel.rakuten.co.jp/hotel/voice/1026/11413873?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=4

Later I called the department related to the hotel law at Ministry of Health, Labour and Welfare (MHLW) by phone 03-5253-1111(ext: 2437)and asked the law. They said “The foreigners living and having an address in Japan do not have to show their ID to hotels. It is enough to write the address in Japan to the guest registration form. If the guest is living in Japan, the hotels do not have to copy IDs, or ask to see the IDs or check whether the address written to the guest registration form is correct”.

It seems like copying IDs of all foreigners is being enforced by the police. Recently I reviewed another hotel which asked to copy my residence card and as a reply they said that copying the residence cards is requested by the police. My review and their reply is on the page http://review.travel.rakuten.co.jp/hotel/voice/15873/13252581?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=1

I did a search on the Internet and saw that a Zainichi Korean had the same problem at Yonaga City in Tottori Prefecture and called the police station to clarify the rules. It is written in detail on the page http://blog.goo.ne.jp/gekkan-io/e/01e22b16aecd84285992755fc96f46b4. In short, the police accepted that they are forcing the hotels to check and copy the IDs of all foreigners! Police is even asking the hotel to call the police if a foreigner does not show his ID! At the same time they say that showing the ID is voluntary and a foreigner has the right to refuse showing it. A big dilemma!

Arguing with the hotels on this residence card check and copying is very annoying. Refusing to allow copying the card may not be enough as the hotel may continue asking it to other foreigners. Recently, when I stay in a hotel that asked to copy residence card, I am writing a review on Rakuten hoping that the hotel and checks and learns the real law. I also give a low rating to those hotels in the review. Average rating in on-line reservation sites is somewhat important in Japan, so probably many hotels would take it into account. If many foreigners people do the same thing, more hotels may abide the law.

Regards, Onur

Tangent: McNeill in No.1 Shimbun: “Into the Valley of the Trolls”: Is ignoring them really an effective strategy?

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Hi Blog.  Excellent potential for discussion being broached with the following article, long overdue.  Excerpt and my comment follows.  Dr. ARUDOU, Debito

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Into the Valley of the Trolls
Is growing online harassment just part of the job or should it be confronted? And when does it cross the line?
by David McNeill
No. 1 Shimbun, Sunday, December 27, 2015
http://www.fccj.or.jp/number-1-shimbun/item/724-into-the-valley-of-the-trolls/724-into-the-valley-of-the-trolls.html

For most correspondents, it has become an unpleasant morning ritual: opening the laptop and wading through abusive tweets and mail. One of my recent articles, on Japan’s plunging press-freedom rankings provoked this response: “You’re anti-Japanese scum. Japan grows weaker because left-wing traitors here mix with the likes of you. Get out, moron.”

That’s mild compared to the slurs that percolate on the Twitter feeds of star reporters. Hiroko Tabuchi, former Tokyo correspondent for the New York Times, recalls a stream of invective laced with sexual and ethnic smears (see sidebar).Justin McCurry, Tokyo correspondent for the Guardian has been branded an “ultra-leftist North Korean spy” and repeatedly invited to “Fack off.”

Many reporters trudge the path taken by McCurry, from engagement to frustration, and resignation. “I have tried several different ways to deal with trolls, from snapping back to taking the time to dream up what, in my mind at least, is a rejoinder so withering that it will surely be the final word on the matter. It never is, of course.” Increasingly, he says, he reaches for the Twitter mute button: When trolls send an abusive message now “they are simply pissing into cyberspace.”

But McCurry says it’s important to understand the difference between legitimate criticism and trolling. “I’ve had my share of critical emails, tweets and Facebook postings,” he says. “When the point is made in a temperate manner and, more importantly, with a real name attached, I take in what has been said and, if necessary, respond. But I regard this as reader feedback, not trolling.”

Cyber abuse is a serious issue, notes a recent article in the Columbia Journalism Review. “There’s far from any kind of consensus on how to deal with it and what journalists’ roles are,” says author Lene Bech Sillesen. Law enforcement struggles to deal with the proliferation of anonymous online harassment. Platform providers often “suck” at dealing with trolls, Twitter CEO Dick Costolo memorably admitted this year.

Increasingly, the consensus seems to be shifting toward confrontation. The Review cites a growing genre of stories about unmasking trolls. In the Swedish TV show Troll Hunters, journalist Robert Aschberg tracks down and confronts offenders on camera. “It’s a huge problem,” says Aschberg, “and it’s no different from exposing, let’s say, corrupt politicians, or thieves.”

THE RISE OF THE troll, and the shifting terrain it represents in our networked society, is a particular dilemma for journalists. For decades, virtually the only rejoinder available to print readers was the carefully moderated letters page, but the internet has opened up multiple channels of feedback. Many bloggers view journalists as fair game because they are public figures.

Inevitably, the result is a steady river of bile, but most journalists are understandably wary of trying to block it. As Martin Fackler, a former Tokyo bureau chief of the New York Times notes: “You’re walking a fine line. Journalists dish out criticism, and need to take it with the same grace. Otherwise, we look hypocritical. And we need to support freedom of speech, even for our critics.”

In practice, most journalists follow Fackler in not feeding the trolls, and many don’t even block them to avoid the providing the veneer of cyber-street cred. Fackler, who says he has yet to block any troll accounts, advocates only shutting down those that cross boundaries of decency. “Short of that, I think everyone deserves the same freedom of speech that we demand in our own work.”

Where, however, do these boundaries lie? Perhaps the only line everyone agrees on is the one dividing incivility from threats of violence….

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The rest is at http://www.fccj.or.jp/number-1-shimbun/item/724-into-the-valley-of-the-trolls/724-into-the-valley-of-the-trolls.html

I did leave a comment at the article:

=======================================
January 29, 2016
Thanks for the article. One thing I might add, as a longtime veteran of being targeted by trolls, is that it’s worse for some of us than you mentioned above. For example, I have numerous online stalkers, who dedicate many electrons on cyberspace (even devote whole websites and hijack Biographies of Living People on Wikipedia) not only to misrepresent my arguments, but also to track my personal life and advocate that I come to harm. I’ve endured death treats for decades, and I can’t conclude that merely ignoring trolls and hoping they’ll go away is an effective answer either. After all, as propaganda masters know, if enough people claim something is true, it becomes true, as long as through constant repetition they gain control over the narrative.

I for one never visit these stalker sites, but lots of people who should know better do look at them without sufficient critique, and (as you noted above) assume that my not commenting about their false allegations is some kind of admission in their favor. What the stalkers actually get out of all this wasted energy truly escapes me.

So after realizing that being ignored still works in their favor, now they are going after journalists, which brings into the debate issues of freedom of the press. Plus journalists have a more amplified public soapbox and credibility to advocate for change than we activist-types do. I hope you will continue to research and speak out against this, and not fall into the mindset that anonymous threats and stalking are simply part of being a public figure.

Thanks again for broaching the subject. Arudou Debito

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE ASAHI SHIMBUN
ENDS

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

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

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

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

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

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

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

Respondents are allowed to pick multiple answers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

JUST BE CAUSE
justbecauseicon.jpg

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

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

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

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

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

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

JBC argues yes…

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

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

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

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

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

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

Excerpt:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

After the disruption, the session resumed late Friday night.

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

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

Japan Times JUST BE CAUSE 94 Annual Top Ten: “Battles over history, the media and the message scar 2015”, Jan. 3, 2016

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Hi Blog. My latest Just Be Cause column 94 for the Japan Times Community Page:

JUST BE CAUSE
justbecauseicon.jpg
Battles over history, the media and the message scar 2015
BY DEBITO ARUDOU
THE JAPAN TIMES, JAN 3, 2016

2015 was another year of a few steps forward but many steps back in terms of human rights in Japan. The progressive grass roots consolidated their base and found more of a voice in public, while conservatives at the top pressed on with their agenda of turning the clock back to a past they continue to misrepresent. Here are the top 10 human rights issues of the year as they affected non-Japanese residents:

10) NHK ruling swats ‘flyjin’ myth

In November, the Tokyo District Court ordered NHK to pay ¥5.14 million to staffer Emmanuelle Bodin, voiding the public broadcaster’s decision to terminate her contract for fleeing Japan in March 2011. The court stated: “Given the circumstances under which the Great East Japan Earthquake and Fukushima No. 1 plant’s nuclear accident took place, it is absolutely impossible to criticize as irresponsible her decision to evacuate abroad to protect her life,” and that NHK “cannot contractually obligate people to show such excessive allegiance” to the company.

This ruling legally reaffirmed the right of employees to flee if they feel the need to protect themselves. So much for the “flyjin” myth and all the opprobrium heaped upon non-Japanese specifically for allegedly deserting their posts…

Rest at http://www.japantimes.co.jp/community/2016/01/03/issues/battles-history-media-message-scar-2015/

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

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

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

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

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

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

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

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

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

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

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

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

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

The two ethnic Koreans filed a complaint with authorities.

The ministry’s investigation included interviewing Sakurai.

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

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

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

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

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

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

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

ENDS

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

勧告は同省の訓令に基づく措置で、強制力はない。

ENDS

Asahi: Immigration Bureau inundated with e-mails “snitching on” Korean nationals, suspends program after nearly 12 years of snitching

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Hi Blog.  Good news.  After the Immigration Bureau instituted this easily-abusable program of “snitch sites”, where the general public can anonymously rat on “foreigners” for any reason whatsoever, it has finally been suspended (not yet abolished, however) after people really began abusing it.  See, I told you this would happen.  Pity it only took nearly twelve years (it was instituted on February 16, 2004) before Immigration realized it.  Yet another example of callous disregard by the bureaucrats towards the very people they are charged to serve.  Dr. ARUDOU, Debito

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Immigration Bureau inundated with e-mails ‘snitching on’ Korean nationals, suspends program
Asahi Shinbun, December 24, 2015, courtesy of JK
By HWANG CHUL/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201512240050

Baffled by a surge of e-mails snitching on resident Koreans as “illegal aliens,” the Immigration Bureau shut down its tipster program on people overstaying their visas and contacted the police for assistance.

“This is a highly regrettable situation,” said an official with the bureau’s general affairs division. “Sending e-mails to slander foreigners does not meet the purpose of the system to inform on illegal residents.”

The bureau, an arm of the Justice Ministry, said that since May it had received more than three times as many e-mails informing on supposed illegal residents than in fiscal 2014. It attributed the surge to misinformation that spread on the Internet claiming Korean nationals would become illegal aliens as of July 9.

The Immigration Bureau adopted the tipster system in 2004 to crack down on people overstaying their visas. It received 460 or so e-mails on a monthly average on the topic last fiscal year. But in May of this year, the figure jumped to 1,821, with 1,562 in June. The number of e-mails received in July through September is still being tallied, but could exceed 10,000, according to the official.

The bureau noted that there was a sharp increase in e-mails about Korean nationals based on false information, and signs that a lone individual was responsible for many of them.

Some online comments said people could claim a reward for ratting out a Korean.

This situation stemmed from a decision to issue special permanent resident certificates to ethnic Koreans and their descendants in place of municipality-issued alien registration cards following their loss of Japanese citizenship after the end of World War II. The deadline for approximately 150,000 Korean nationals to change their certificates was July 8.

Although failure to shift to the new system could eventually be subject to penalty, there are no provisions under Japanese law for deportation over non-compliance.

Citing concerns that the surge in e-mails could snarl up its service provider, the Immigration Bureau stopped accepting further e-mails at the end of October. In November, it asked the police to ascertain whether a criminal case could be made for business obstruction.

The bureau plans to resume accepting tips on people overstaying their visas after they come up with measures to eliminate bogus e-mails.

But there have been calls for the program to be scrapped because of its racist and judgmental overtones.

Information sent to the bureau can be submitted anonymously.

The Japan Federation of Bar Associations submitted a memorandum to the justice minister in 2005, a year after the program started, asking for it to be abolished.

It stated: “The program has ordinary citizens essentially spying on people suspected of being illegal aliens, which serves only to advance prejudice and discrimination towards foreigners.”

The citizens group Solidarity Network with Migrants Japan submitted a similar complaint to the Justice Ministry in November, stating that the program “incites discrimination.”

Hiroshi Tanaka, a professor emeritus at Hitotsubashi University who is well-versed in human rights issues concerning foreign residents of Japan, said the Immigration Bureau should abolish, not suspend, the program advocating people to snitch on foreigners.

“With such a system in place, people who make hate speeches like ‘banish the Koreans’ would feel as if their actions are ‘given government approval,’” Tanaka said.

ENDS

Saitama Pref. Kawaguchi City Assemblyman Noguchi Hiroaki (LDP): “We have more foreigners registered than dogs,” querying about potential NJ tax dodgers

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Hi Blog. Lots of people have sent me this one. Comment follows articles:

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Saitama assemblyman apologizes for remark about number of registered dogs, foreigners
The Japan Times, DEC 13, 2015, courtesy of JK and JDG
http://www.japantimes.co.jp/news/2015/12/13/national/saitama-assemblyman-apologizes-remark-number-registered-dogs-foreigners/

A 58-year-old official in the city of Kawaguchi, Saitama Prefecture, has pointed out that the city’s non-Japanese population is larger than the number of registered dogs. He later withdrew the remark after coming under criticism from other assembly members, according to local media reports.

Hiroaki Noguchi, a Liberal Democratic Party assemblyman, made the remark at an assembly session Wednesday when he was asking questions about the number of foreign residents who had failed to pay their taxes, the daily Yomiuri Shimbun reported.

After receiving complaints from some assembly members that his remark was inappropriate, Noguchi reportedly apologized, saying he only wanted to illustrate that the number of foreigners living in the city is on the rise. He said he did not mean to discriminate against them, but agreed that the remark was misleading.

He told assembly Chairman Kazunari Inagawa on Thursday that he wished to withdraw the remark, the report said.

On Friday, Inagawa reprimanded Noguchi and decided to delete the remark from assembly minutes and video records, according to the report.

According to the local daily Saitama Shimbun, Noguchi said Wednesday the number of foreign people in the city is increasing, pointing out that the number of dogs registered at the city is 26,000 while the number of foreign residents totals 27,000.

Inagawa told Saitama Shimbun that the remark could be regarded as being discriminatory, adding he believes it is similar to the “Japanese only” banner put up at Saitama Stadium by supporters of Urawa Reds soccer team last year.
ENDS

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外国人市民「犬より多い」 市議発言、議事録から削除
朝日新聞デジタル 12月12日(土)22時44分配信
http://headlines.yahoo.co.jp/hl?a=20151212-00000044-asahi-pol
Courtesy of BM and TB

開会中の埼玉県川口市議会で、野口宏明議員(自民)の一般質問に、外国人市民の増加を犬の登録数と比較した差別的な発言があったとして、議会が議事録とネット配信用動画から一部削除する手続きをとったことが12日わかった。

発言があったのは9日の国民健康保険の外国人加入者に関する質問。野口氏は「市内の犬の登録数は今年9月末に2万6399頭。外国人は同時期に2万7028人と、もうすでに外国人のほうが多くなっている」と述べた。

発言の冒頭に「例えは悪いが」と断りを入れたが、「不適切だ」とその日のうちに複数の会派から議長に申し入れがあり、議長が野口氏から事情を聴くなどしていた。この問題は11日の各会派代表者連絡会議で協議した結果、「外国人への差別、侮辱と受け取られかねない発言だった」と結論づけ、犬の登録数との比較部分の削除を決めた。

野口氏は、取材に「誤解を招きかねない表現だった」と話している。(伊藤典俊)

朝日新聞社

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

COMMENT:  I suspect a slow news day.  These sorts of things usually don’t attract this much attention (because they’re so normalized in Japan), and implicit suspicions of NJ as people criminally indisposed to taking advantage of the system (unlike those “stereotypical law-abiding Japanese”; yet there are whole movies out there about the art of tax dodging done by Japanese — it’s normalized to the level of parody).  I’m also pleased that the comment was retracted (they often are not, especially if the person is very powerful), although I doubt there will be any sanction against this person for implicitly putting NJ residents at the level of dogs.  I’m also pleased that there has been a connection made between the “Japanese Only” exclusions at Saitama Stadium and this event (perhaps this is why there was a peg for the issue in the local media) — although a racist tweet by a Urawa Reds supporter last month resulted in no punishments either — mere deletion of the comment.

So all-in-all, mixed feelings.  This kind of comment cannot be allowed to stand unchallenged because it demonstrates the unconscious dehumanization of NJ by Japan’s registry systems (see more on that in my book EMBEDDED RACISM pp. 219-222), where until 2012 animals and fictional characters could be registered as “residents” but not foreign resident taxpayers. And that’s before we get to the explicit attribution of tax dodging to NJ. But all that resulted from this case was that the comment was deleted from the records, and all will continue as before, soon forgotten without recorded reprisal against the xenophobe.  Meaning there is nothing to preempt some other official saying something as thoughtlessly dehumanizing as this.  Clearly, more structural sanction is necessary.  Dr. ARUDOU, Debito

PS:  I found this comment up at the JT amusing: “GIJPeople like this guy Noguchi are the ones who lend credibility to the activities of somewhat over the top social justice warriors like Debito. There is no filter, no restraining mechanism of any kind it seems, for LDP politicians in particular.” Well, yeah.

Here are Noguchi’s deets:

noguchihiroakihomepage

Courtesy of http://www.h-noguchi.jp

 

kawaguchinoguchihiroakiinfosite

Courtesy http://kawaguchi.gsl-service.net/meibo/2015051600176/