Archive for the 'Human Rights' Category
Issues which affect everyone on a fundamental level, especially in terms of access to the fruits and protections of a constitutionally-based society.
Posted by Dr. ARUDOU, Debito on 6th August 2014
Jones in the JT: This newspaper’s well-intentioned July 27 editorial declaring that the social safety net should be for all taxpayers is perfectly understandable — particularly given that the petitioner was an elderly Chinese who was born and spent her whole life here. Unfortunately, it is a mistake to equate feeding the maw of whatever tax-fueled Leviathan nation state you happen to live in with being entitled to anything from it in return. This is particularly true in Japan, where by law it is generally more important that one of your parents be Japanese than where you were born, raised or paid taxes. After all, being a dutiful taxpayer alone won’t get your visa renewed or keep you from getting kicked out of the country; why should it get you a welfare payment either?
Thus, if you live here on a foreign passport, you might want to snuggle up in a comfy chair and read through the Immigration Control and Refugee Recognition Act, since for most purposes, that is your constitution. Having its roots in an Occupation-era decree modeled after U.S. immigration laws then in effect (missing some important features, as will be discussed later), the ICRRA did not become a “law” until 1982, when it was amended in connection with Japan’s accession to the U.N. Convention Relating to the Status of Refugees. I say it is your constitution because in 1978, the Supreme Court acknowledged that most constitutional protections did extend to foreigners, but only within the framework of the immigration laws and regulations, including the broad administrative discretion granted by these to Ministry of Justice officials.
COMMENT: What I’d like to have clarified is Colin’s point about whether or not people (particularly non-citizen permanent residents) who pay taxes really have no rights to expect the benefits from The State. Let me ask Debito.org Readers to assist me in doing a little research. Let’s find some law journals and other academic research written by specialists that give comparative rights for non-citizen residents in an international light. Here are two research questions:
1) Are non-citizen residents (particularly permanent residents, as taxpayers) entitled to the same social welfare benefits (e.g., unemployment, child support, and other safety-net measures designed to rescue citizens from destitution) in other developed countries? (Let’s say the G8, or widen it out to the OECD if necessary.)
2) Do guarantees of civil and human rights guaranteed in the national constitutions of developed countries also apply to “all people/residents”, including non-citizens, or are they strictly reserved for citizens, as they apparently are in Japan?
Note that we are not looking for absolute equality (that’s impossible, otherwise there would be no benefit to citizenship). But simply put: Do foreign residents receive the same guarantee against various social adversities elsewhere as a legally-enshrined human right, or not? Please send us some links to some articles in the comments section, with pertinent excerpts/abstracts included.
Posted in Discussions, Exclusionism, History, Human Rights, Immigration & Assimilation, Japanese Government, Lawsuits | 19 Comments »
Posted by Dr. ARUDOU, Debito on 29th July 2014
This case you might have heard about already, but in terms that Debito.org has talked about for decades, there are no surprises here: A “Japanese Only” Japanese restaurant has been discovered turning away “foreigners” in a foreign land — India. Well, turning away all “non-Japanese”. Because, you see, “Japanese” is not a function of nationality. It’s a function of racialized tribalism.
In other words, no matter where you are in the world, under Japanese binary sensibilities, there are two types of people: Japanese and NJ — not Japanese and “foreigners”. Overseas, Japanese technically become foreigners. But not in exported Japanese contexts such as Japanese restaurants. So again, Japanese society’s exclusionary view of the world anytime, anywhere, becomes perfectly understandable when looked at through this binary rubric.
Fortunately, not all societies let this sort of racism pass without comment or sanction. And India, despite being saddled with a horrible caste system, is no exception. Within weeks after exposure, it was partially shut down after notice from the Greater Bangalore City Corporation on explicit charges of racial discrimination — something Japan simply cannot do. Articles follow.
Bangalore Mirror: Unabashedly racist, Uno-In Hotel bars all other nationals; ironically, its head and staff are Indians. The hotel makes no bones about it. Its website categorically states: Located in Bangalore, we are a hotel exclusively for Japanese. Situated on Langford Cross Road in Shanthinagar, Hotel Uno-In, which also houses a Japanese rooftop restaurant called Teppen, has a policy of not allowing access to Indians, or for that matter, any other non-Japanese nationals. [...] Based on an incident that happened a few months back, these reporters visited the hotel with a colleague and got a first-hand taste of the discriminatory attitude. The moment they stepped foot into the lobby and expressed a desire to have lunch at the hotel’s rooftop restaurant Teppen, they were told ‘Indians’ were not allowed. Below is a transcript of the recorded conversation that took place with Nic U Iqbal, MD and CEO of Nippon Infrastructure which runs the hotel…
Mail Online India: A ‘Japanese only’ hotel, which allegedly did not entertain Indians and other foreign nationals in its restaurant, has been closed down by the Greater Bangalore City Corporation (GBCC) on charges of racial discrimination.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Bad Business Practices, Exclusionism, Food, Good News, Human Rights | 28 Comments »
Posted by Dr. ARUDOU, Debito on 25th July 2014
DEBITO: Hokay, let’s go over this issue one more time on Debito.org (the previous times from here): the ability of J-cops to racially profile and subject any “foreigner” to arbitrary Gaijin Card ID-checks. I offered advice about what to do about it (print and carry the actual laws around with you and have them enforced). Last time I talked about this (in my Japan Times column last April), I noted how laws had changed with the abolition of the Foreign Registry Law, but the ability for cops to arbitrarily stop NJ has actually continued unabated. In fact, it’s expanded to bag searches and frisking, with or without your permission (because, after all, NJ might be carrying knives or drugs, not just expired visas). Well, as if doubting the years of research that went into this article (and affirmed by an Japanese Administrative Solicitor in our book HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS), the JT put up a “featured comment” from some anonymous poster saying that my article was wrong and a source for misinformation:
MM333: I’m sorry, but the information in this article and on the website describing the powers of the police to stop foreigners and demand passports or residence cards for any reason ‘whenever’ is inaccurate. The law does not give the police in Japan arbitrary powers to conduct suspicionless questioning. [...] There is no doubt that in practice police in every country may try to exceed their powers, but it is quite another thing to assert that the police actually have the right to do this. In may interest people to know that the laws imposed on the police in Japan with regards to questioning are actually more restrictive as compared with the US (ie. Stop and Frisk) or the UK (ie. CJPOA Section 60). I would recommend that everyone read the law themselves and consult a Japanese attorney if they have questions about the law. I would also ask the Japan times to have this article reviewed by a Japanese attorney and corrections made where appropriate to avoid misinformation being spread.
DEBITO: Eventually the JT DID consult a lawyer and ran the following article — where it’s even worse than I argued: The lawyer is essentially suggesting that you had better cooperate with the police because the laws will not protect you — especially if you’re in a “foreigner zone” of Tokyo like Roppongi.
JT LAWYER ISHIZUKA: Legal precedents in these cases have tended to stress the importance of balancing the public’s right to privacy with the necessity and urgency of the specific investigation and the public interest in preventing the crime the individual stopped by the police was suspected of being involved in. [...] Regarding the profiling, considering it was in Roppongi, which has a bit of a reputation for crime involving foreigners, the police officials could probably come up with a number of explanations for why they stopped [a NJ named P], such as a suspicion that he was carrying or selling drugs. It is unlikely that any judge would rule that this was a case of profiling and that the questioning was illegal. As for the frisking, it was legal for the officers to pat P down over his clothes and bag, even without his consent. However, it would be illegal if an officer searched inside P’s pockets or clothing without consent or intentionally touched his genital area, even over his clothes. [...]
So, in conclusion, what can you do if you are approached and questioned by police officers? Cooperating may be the smartest option and the fastest way to get the whole ordeal over as quickly as possible, but if you don’t feel like being cooperative, you can try asking the police officers what crime they are investigating and attempt to explain that you are not doing anything illegal, clearly express the will to leave and then do just that. Don’t touch the police officers, don’t run and don’t stop walking — and don’t forget to turn on the recorder on your smartphone in front of the officers, thus making it clear that you have evidence of any untoward behavior. You cannot be forced to turn the recorder off, no matter what the police officers yell at you. Best of luck!
DEBITO AGAIN: You know there’s something seriously wrong with a system when legally all you have is luck (and a cell phone recorder) to protect you from official arbitrary questioning, search, seizure, and racial profiling by Japanese cops. Even a lawyer says so. So that’s definitive, right? Now, then, JT, what misinformation was being spread here by my previous article? How about trusting people who give their actual names, and have legal experience and a verified research record (several times before in past JT articles)? And how about deleting that misinformative “featured comment” to my column? SITYS.
Posted in Fingerprinting, Targeting, Tracking NJ, Handbook for Newcomers, Human Rights, Japanese police/Foreign crime, Media, Practical advice, Problematic Foreign Treatment, SITYS | 26 Comments »
Posted by Dr. ARUDOU, Debito on 21st July 2014
JIJI: Japan came under pressure at a U.N. meeting Tuesday to do more to help stop hate speech that promotes discrimination by race or nationality. “According to information we received, there have been more than 360 cases of racist demonstrations and speeches in 2013, mainly in Korean neighborhoods in Tokyo,” Yuval Shany from Israel, one of the experts at the U.N. Human Rights Committee, said at the meeting in Geneva. Shany asked Japan whether it is considering adopting legislation to address hate and racist speech. Existing laws in Japan do not allow police to intervene to stop hate speech demonstrations, Shany said at the meeting held to review the civil and political rights situation in Japan. “It seems almost nothing has been done by the government to react to Japanese-only signs which have been posted in a number of places,” Shany said.
Kyodo: The Osaka High Court on Tuesday upheld a lower court ruling that branded as “discriminatory” demonstrations staged near a pro-Pyongyang Korean school by anti-Korean activists who used hate-speech slogans. A three-judge high court panel turned down an appeal by the Zaitokukai group against the Kyoto District Court decision ordering that it pay about ¥12 million in damages to the school operator, Kyoto Chosen Gakuen. The order also banned the group from staging demonstrations near the school in Minami Ward, Kyoto.
Johnston: The good news is that, finally, more and more people in Osaka and the Kansai region are fighting back against the haters. Counter-demonstrations against Zaitokukai in particular are increasing. At the same time, there is a feeling among many here that, as Osaka and Korea have a deep ties, things will work themselves out. But that’s the problem. What’s needed now is not “historical perspective,” “understanding” or “respect,” but legislation ensuring protection and punishment. This is precisely because perspective, understanding and respect alone will not stop hate speech — especially that directed at new groups or those who have not traditionally been as ostracized as ethnic minorities.
AFP: A far-right Polish MEP outraged lawmakers gathered in the European Parliament on Wednesday by comparing the continent’s unemployed youth to “niggers” in the U.S. South. [...] Comparing job-seeking youth to black laborers in the American South during the 1960s, Korwin-Mikke said: “Four millions humans lost jobs. Well, it was four million niggers. But now we have 20 millions Europeans who are the Negroes of Europe.
Grauniad: A former local election candidate for the far-right Front National (FN) in France has been sentenced to nine months in prison for comparing the country’s justice minister, who is black, to an ape. [...] On Tuesday, a court in Cayenne, French Guiana’s capital, sentenced her to nine months in jail, banned her from standing for election for five years, and imposed a €50,000 (£39,500) fine. French Guiana is an overseas département of France and is inside the European Union. It also handed the FN a €30,000 fine, putting an end to a case brought by French Guiana’s Walwari political party, founded by Taubira.
COMMENT: So there is precedent, example, template, and international embarrassment. Will this result in a law in Japan against hate speech (ken’o hatsugen)? I say again: not in the foreseeable future, sadly. As noted on Debito.org many times, we have had all four of these pressures in Japan for decades now (not to mention an international treaty signed in specific), yet we still can’t get a law against racial discrimination (jinshu sabetsu) in Japan.
Posted in Anti-discrimination templates/meetings, Bad Social Science, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Japanese Government, Lawsuits, United Nations | 6 Comments »
Posted by Dr. ARUDOU, Debito on 18th July 2014
In an event sure to make my year-end top ten most important human rights issues of 2014, Japan’s highest court just overturned the Fukuoka High Court’s 2011 decision, ruling that an octogenarian granny who, despite being born in Japan, living her life here as a Zainichi Special Permanent Resident, and contributing to Japan’s social welfare systems, has no right to the benefits of her contributions because she’s foreign (i.e., not “kokumin”). More comment after the articles:
JT: The Supreme Court ruled Friday that foreigners with permanent residency status are ineligible for welfare benefits, overturning a decision by the Fukuoka High Court that had acknowledged their eligibility under the public assistance law. The decision by the top court’s Second Petit Bench concerned a lawsuit filed by an 82-year-old Chinese woman with permanent residency who was born and grew up in Japan. The woman applied for welfare benefits with the Oita municipal office in Oita Prefecture in December 2008 but was denied the benefits on the grounds she had some savings. The woman then filed a suit demanding that the city’s decision be repealed. She is now receiving the benefits because the municipality accepted her welfare application in October 2011. While the recipients of welfare benefits are limited to Japanese nationals by law, the government issued a notice in 1954 saying foreigners should be treated in accordance with the public assistance law. Since the government limited recipients to Japanese nationals and foreigners with permanent residency in 1990, municipalities have exercised their discretion in doling out the benefits. In October 2010, the Oita District Court rejected the plaintiff’s suit, saying that denying the public assistance law to foreigners was within the discretion of a municipal government. In November 2011, however, the Fukuoka High Court ruled in favor of the plaintiff, saying that foreigners with permanent residency have been protected under the public assistance law.
COMMENT: And now the pendulum has swung again, with a great big Bronx Cheer for all NJ in Japan. More information on what has appeared on Debito.org over the years in this blog entry.
My final thought on this for now is how the online commenters (who consistently blame NJ for anything bad that happens to them) spin this one against the plaintiff? It’s a challenge: She’s an 82-year-old granny Zainichi living her entire life in Japan trying to get her tax benefits back, for heaven’s sake. Still, the reflexes are kicking in. We’ve already had one person commenting at the Japan Times about how this ruling was a means to deal with “illegal immigrants” somehow (the JT immediately spotted this as trolling and deleted it; wish they would be more proactive with my columns as trolls keep derailing any meaningful debate). Any more gems out there, go ahead and quote them in the Comments section below. A ruling this egregiously anti-NJ becomes an interesting psychological experiment to see how far the self-hating gaijin will go to deny they have any rights to anything whatsoever in Japan.
UPDATE JULY 25, 2014: This very blog entry gets cited in the South China Morning Post.
Posted in Articles & Publications, Bad Social Science, Exclusionism, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Lawsuits, 日本語 | 61 Comments »
Posted by Dr. ARUDOU, Debito on 26th June 2014
Debito.org Reader JK offers the following links and commentary about two important subjects: 1) The unwillingness of Japan’s media to count NJ as “residents” in official population tallies (despite NJ inclusion on the juumin kihon daichou Resident Registry since 2012), and 2) the widespread misogyny in Japan’s policymaking arenas that has no recourse but to appeal to pressure from the outside world (gaiatsu) for assistance (as NJ minorities clearly also must do).
Speaking to the first point in particular: Before we even touch upon the lousy demographic science, how insulting for NJ once again to simply “not count” as part of Japan’s population. Some J-articles have minced words by qualifying the ethnically-cleansed statistic as “the population of Japanese people” (nihonjin no jinkou). But others (see the Nikkei below) simply render it as “Japan’s population” (nihon no jinkou). When they eventually get around to mentioning that NJ are also here, they render them as “nihon ni taizai suru gaikokujin” (NJ “staying” in Japan, as opposed to zaijuu “residing”). How immensely arrogant and unappreciative of all that NJ residents do for Japan!
Yomiuri: Japan’s population on Jan. 1 of this year was down 0.19 percent from a year before at 126,434,964, falling for the fifth straight year, the internal affairs ministry said Wednesday. The figure was calculated based on Japan’s resident registry network system and does not include foreign residents.
Mainichi: A Tokyo metropolitan assemblywoman [Shiomura Ayaka], who was subjected to sexist jeers during a recent assembly meeting, stressed that the heckling came from more than one person as she spoke at a news conference for the foreign media. [...] The Tokyo metropolitan assembly voted down on Wednesday a resolution that called for identifying assembly members who heckled an assemblywoman last week with sexist remarks, with disapproval by the Liberal Democratic Party delegation, the biggest group in the assembly.
JK comments: The quote I’d like to focus on is this: “The incident has caused deep embarrassment to Japan which is preparing to host the Olympics.” Soo…. seeing as how the political option got voted down twice, it looks to me like the only option Shiomura has to effect change in the gikai is via pulling the shame lever in form of a Kisha Club press conference. My take is that this move is intended to generate attention with gaiatsu as a real and possible side effect. Assuming this is case, can your conclusion to the Urawa “Japanese Only” Soccer Banner Case (i.e. Gaiatsu is basically the only way to make progress against racial discrimination in Japan) be generalized to include political misogyny as well?
Posted in Bad Social Science, Exclusionism, Gaiatsu, Human Rights, Japanese Government, Japanese Politics, Media, NJ voices ignored, discounted & discredited, Unsustainable Japanese Society, 日本語 | 36 Comments »
Posted by Dr. ARUDOU, Debito on 22nd June 2014
REUTERS: The most recent government data show there are about 155,000 technical interns in Japan. Nearly 70 percent are from China, where some labor recruiters require payment of bonds worth thousands of dollars to work in Japan. Interns toil in apparel and food factories, on farms and in metal-working shops. In these workplaces, labor abuse is endemic: A 2012 investigation by Japanese labor inspectors found 79 percent of companies that employed interns were violating labor laws. The Ministry of Health, Labour and Welfare said it would use strict measures, including prosecution, toward groups that repeatedly violated the laws or failed to follow its guidance in their treatment of technical interns.
Critics say foreign interns have become an exploited source of cheap labor in a country where, despite having the world’s most rapidly ageing population, discussion of increased immigration is taboo. The U.S. State Department, in its 2013 Trafficking in Persons report, criticized the program’s use of “extortionate contracts”, restrictions on interns’ movements, and the imposition of heavy fees if workers leave. [...]
Not long after [Trainees Lu, Qian and Jiang's] arrival, the [Burberry outsourcing] apparel association took the women’s passports and passed them to Kameda in violation of Japanese law protecting interns’ freedom of movement, according to the lawsuit. An Ishikawa Apparel Association spokeswoman, who declined to give her name, said the group does not conduct inappropriate supervision and training, but declined further comment citing the lawsuit.
At the factory, Lu, Qian and Jiang’s overtime stretched to more than 100 hours a month, the lawsuit says. A timesheet prepared with data supplied by Kameda to the Japanese labor standards bureau shows Lu logged an average of 208 hours a month doing overtime and “homework” during her second year in Japan. That is equivalent to almost 16 hours a day, six days a week. Japanese labor policy considers 80 hours of overtime a month the “death by overwork” threshold.
For this, Lu earned about 400 yen, about $4, an hour at Kameda, the timesheet shows. The local minimum wage at the time was 691 yen an hour, and Japanese law requires a premium of as much as 50 percent of the base wage for overtime. [...]
Japan faces a worsening labor shortage, not only in family-run farms and factories such as Kameda but in construction and service industries. It is a major reason that Prime Minister Shinzo Abe’s administration is planning a further expansion of the trainee program.
Posted in "Pinprick Protests", Bad Business Practices, Human Rights, Japanese Government, Labor issues, Lawsuits, Unsustainable Japanese Society | 20 Comments »
Posted by Dr. ARUDOU, Debito on 9th June 2014
Any good organization wanting public approval (or in this case, approval from its geopolitical “friends”) does outreach. And this very professional online magazine issued yesterday from the Abe Administration, called “We are Tomodachi”, is worth an introduction to Debito.org Readers. It offers fascinating insights into what the PM Abe Administration is thinking (or trying to convince you it is thinking — something few branches of Japan’s governmental organs do in any convincing detail even for its citizens). As The Economist (London) recently noted, Abe is “Japan’s most purposeful prime minister for many years”, and herein many of Abe’s purposes are clearly argued in well-proofed English, albeit in all their stiff transparency. Here’s the Table of Contents: [...]
Part travel guide, part geopolitical gaijin handling, part cultural screed (cue those shakuhachis!), “We Are Tomodachi” magazine is a great read to deconstruct how the Abe Administration is trying to march the Post-Bubble discourse on Japan back into the first-generation Postwar discourse. Ah, those were the days, when Japan’s elites had near-total control over Japan’s image in the world, and so few outsiders had any understanding (or or had experienced Japan in great depth) that they would ever be taken seriously by anyone who wasn’t a “real Japanese” (moreover, the handful of NJ who did know something could be co-opted as anointed cultural emissaries; they’re still trying to do it within this very magazine). No, since then millions of people have since experienced Japan beyond the GOJ boilerplate, have lived and invested their lives in Japan, and have learned the Japanese language. So the dialogue is not so easily controlled by the elites anymore. (PM Abe’s Gaijin Handlers: If you’re dropping in on Debito.org again, Yokoso and enjoy our Omotenashi!)
So, Gaijin Handlers, here’s a lesson on what to avoid next time: What irritates people like us who know better is your cultivated mysticism in elite conversations about anything cultural in Japan. Consider this example of bogus social science (depicted as a “secret”) from page 72:
“The Japanese have a reputation for being taciturn and hard to communicate with. Probably the most difficult part of Japanese communication for people from other countries is the way people here converse wordlessly. When people are standing silently at some natural attraction, they’re using their five senses to feel nature and commune with it. So if you notice some quiet Japanese in such a spot, you might try joining them in their silence, taking in everything around you with all your senses: light, wind, sky, clouds, sounds, smells. Because even when nobody is talking, there is plenty of communication going on in Japan.”
This is a juicy claim for deconstruction under a number of genres of social science. The biggest confusion you’re going to cause in NJ tourists and newbies will come when they confront the amount of noise at many a tourist trap (especially from those trying to “nigiyaka” the place up with their megaphoned music), and wonder how they’re supposed to use all their five senses like the mystical Japanese apparently do. Logically, this also means the purported J-silence around awkward conversations could be due to the inscrutably “shy” Japanese trying to take NJ in with all their five senses too (I wonder what happens when they get to “Smell”, “Touch”, or “Taste”?). What rubbishy analytical tools. And it’s one reason why so many people (Japanese and NJ) go nuts in Japan, because they’re constantly told one thing yet experience another.
Posted in Bad Social Science, Cultural Issue, Education, Human Rights, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Media, Tourism | 19 Comments »
Posted by Dr. ARUDOU, Debito on 4th June 2014
Opening: Japan’s pundits are at it again: debating what to do about the sinking demographic ship. With the low birthrate, aging and shrinking society (we dropped below 127 million this year) and top-heavy social security system, Japan’s structural problems will by many accounts spell national insolvency.
However, we’re hearing the same old sky pies: Proposals to plug the gaps with more Japanese babies, higher retirement ages, more empowered women in the workplace — even tax money thrown at matchmaking services!
And yet they still won’t work. Policymakers are working backwards from conclusions and not addressing the structural problems, e.g., that people are deserting a depopulating countryside for urban opportunities in an overly centralized governmental system, marrying later (if at all) and finding children too expensive or cumbersome for cramped living spaces, having both spouses work just to stay afloat, and feeling perpetual disappointment over a lack of control over their lives. And all thanks to a sequestered ruling political and bureaucratic elite whose basic training is in status-quo maintenance, not problem-solving for people they share nothing in common with.
Of course, proposals have resurfaced about letting in more non-Japanese (NJ) to work….
Posted in Articles & Publications, Bad Social Science, Exclusionism, Human Rights, Immigration & Assimilation, Japanese Government, Japanese Politics, Labor issues, Media, NJ voices ignored, discounted & discredited, Problematic Foreign Treatment, Unsustainable Japanese Society | 29 Comments »
Posted by Dr. ARUDOU, Debito on 2nd June 2014
Good news. The Urawa Reds’ fans “Japanese Only” banner last March (which, as Debito.org reported, could have been as usual swept under the carpet of cultural relativism) has occasioned much debate (see here and here) and even proactive and remedial measures. Witness this:
ASAHI: J.League’s players and team officials will be forced to take mandatory anti-discrimination classes as fallout from a fan’s banner that said “Japanese Only” and was not removed from a stadium during a league game in March. Officials with the Justice Ministry’s legal affairs bureaus and local volunteer human rights advocates commissioned by the agency, in agreement with the league, will visit all 51 teams in the J1, J2 and J3 divisions from June onward to give the classes. [...] The class instructors will expound on what acts constitute discrimination and use specific incidents, such as when a foreigner was denied admission to a “sento” (public bath), to demonstrate discriminatory acts. They will also discuss ways to improve interactions with foreigners, sources said.”
Well, good. I’m not going to nit-pick this well-intentioned and positive move. It’s long overdue, and Debito.org welcomes it. (Well, okay, one thing: It’s funny how the lore on our Otaru Onsens Case (i.e., the “sento” denying entry to “a foreigner”) has boiled down to one “foreigner” (which I was not, and it was more people denied than just me) going to just one sento (there were at least three with “Japanese Only” signs up at the time in Otaru). Somehow it’s still a case of “discrimination against foreigners”, which is the wrong lesson to take from this case, since the discrimination also targeted Japanese people.)
Now witness this:
KYODO: J3 player handed three-game ban for racist comments…
Posted in Anti-discrimination templates/meetings, Education, Good News, Hate Speech and Xenophobia, History, Human Rights, Japanese Government, Otaru Onsen Lawsuit, Sport | 2 Comments »
Posted by Dr. ARUDOU, Debito on 15th May 2014
As noted in the Japan Today article cited below, SAPIO debate magazine (June 2014) devoted an issue specifically to the issue of immigration (imin) to Japan (what with the Abe Administration’s renewed plan to import 200,000 NJ per year). Good. But then SAPIO fumbles the issue with narratives that microaggress the NJ immigrant back into a position of being powerless and voiceless. First, let’s start with SAPIO’s cover. Notice anything funny? Look at the sub-headline in yellow talking about having a vigorous debate from “each world” (kyaku kai). Each? Look at the debaters pictured. See any Visible Minorities there? Nope, they’re left out of the debate once again. All we get are the typical powerful pundits (probably all Wajin, with “Papa Bear” Wajin Ishihara second in line). Where is the voice of the immigrant?
And by “immigrant”, I mean people who have immigrated to Japan as NJ and made a life here as long-term resident if not actual Permanent-Resident holder. The people who have indefinite leave to remain. The “Newcomers”, who work in Japan and work for Japan. As depicted in the picture of the labor-union demonstrators in the inset photo in the top right.
Now look at the larger photo. It’s a xenophobic public demonstration about issues between Japan and Korea (and no doubt China). That’s not a debate about immigration. It’s a hate rally airing historical grievances between Japan and it’s neighbors, gussied up as a jerry-rigged issue about “Zainichis having special privileges as NJ”. The point is that the cover does not convey the issue of “immigration in Japan” accurately. Zainichi issues dominate and suck the oxygen out of the arena.
Lastly about this photo, note how all the Wajin demonstrators have their faces blocked out in the photo. Clearly Wajin have privacies to protect. Not so the NJ protesting in the photo inset. Hence NJ once again have fewer rights to privacy in the Japanese media. Just like this photo from the racist Gaijin Hanzai Magazine of yore (remember that?). Comparative powerlessness in visual form. Now let’s look at some arguments within the magazine itself:
Posted in Bad Business Practices, Bad Social Science, Exclusionism, GAIJIN HANZAI mag, Hate Speech and Xenophobia, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Labor issues, Media, NJ voices ignored, discounted & discredited, Problematic Foreign Treatment, Unsustainable Japanese Society, 日本語 | 21 Comments »
Posted by Dr. ARUDOU, Debito on 11th May 2014
When Debito.org last seriously talked about the issue of Japan’s foreign “Trainees” (i.e. NJ brought over by the GOJ who are allegedly “in occupational training”, therefore not qualifying as “workers” entitled to labor law protections), it was back in July 2010, when news broke about the death of 27 of them in 2009. The news to me was that it was only the SECOND worst casualty rate on record. Even more scandalous was that about a third of the total dead NJ (as in eight) had died of, quote, “unknown causes” (as if that’s a sufficient explanation). Kyodo News back then rather ignorantly observed how problematic the “Trainee” system has been, stating that “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. Hardly “recent” even back then: Despite years of calls to fix or abolish the program entirely, with official condemnations in 2006 of it as “a swindle”, and the UN in 2010 essentially calling it slavery (see article below), it was still causing deaths at the rate of two or three NJ a month. (The irony was that karoushi (death from overwork) was a big media event when Japanese were dying of it. Clearly less so when NJ die.)
Now sit down for this news: The GOJ is seeking not to reform the “Trainee” system, but rather to EXPAND it. As the article indicates below, we’ve gotta get more cheap, disposable, and ultimately expendable foreigners to build our Tokyo Olympics in time for 2020. And then we can round them up once their visas expire and deport them (that is, if they’re still alive), like we did back in Nagano for the 1998 Olympics.
This is precisely the type of exploitative capitalism that creates Marxists. But again, who in Japan empathizes with NJ workers? They’re only here to earn money and then go home, right? So they deserve to be exploited, runs the common national narrative. And under that discourse, no matter how bad it gets for them (and so far it really, really has), no amount of domestic or international condemnation will stop it.
Posted in Bad Business Practices, Human Rights, Ironies & Hypocrisies, Japanese Government, Labor issues, NJ legacies, NJ voices ignored, discounted & discredited, United Nations, Unsustainable Japanese Society | 17 Comments »
Posted by Dr. ARUDOU, Debito on 7th May 2014
Today’s post is a history lesson, about a very different Japan that took racial discrimination very seriously. Especially when Japanese were the victims of it overseas. Let me type in a section from Majima Ayu, “Skin Color Melancholy in Modern Japan”, in Rotem Kowner and Walter Demel, Eds., Race and Racism in Modern East Asia: Western and Eastern Constructions. Leiden, Netherlands: Brill, 2013, pp. 398-401.
Pathos of the Glorious “Colored”
Japan’s Racial Equality Clause was denied by the Western powers, and racial discrimination such as the Japanese exclusion in California still remains, which is enough insult to raise the wrath among the Japanese. — Emperor Showa, 1946.
As cited, the Emperor Showa (1901-1989) saw the exclusion Act as “a remote cause of the Pacific War”… In fact, opinions against the Japanese Exclusion Act were an immediate reason for public outcry in Japan. The population had become exasperated by the weak-kneed diplomacy that brought national dishonor amidst the emotional bashing from the mass media. This manifested in extremely emotional and near mass-hysteric situation, such as the suicides near the American Embassy on May 31, the follow-up suicides, the events for consoling the spirits of the deceased, and the countless letters sent to the Naval Department calling for war against the United States…
American’s racial categorization aggravated Japan’s anger, which turned to anxiety as a result of Japan’s diminishing sense of belonging in the world; “the world being limited to the Western powers”, as Tokutomi cited earlier, even if Japan earned a status equal to that of the Western powers, there would still be a great “distance” between them, namely one of racial and religious differences, and the whole difference between the East and West. The sentiment of being a “solitary wanderer” rejected by the West contradicts the manner in which Japan brought about its own isolation. Tokutomi also asserted that the express “Asian” had no other meaning beyond the geographical, and thus Japan’s self-perceptions and identity no longer belonged to Asia. The sense of isolation was actually based on the denial of “Asia”, and it came from Japan’s own identification built upon the idea of “Quit Asia and Join Europe”. It could be said that Japan’s contradictory identification came to reveal Japan’s inability to identify with either the East or the West, a situation that came about through the emergence of a consciousness of the racial distance, especially from 1919 to 1924.
COMMENT: Look at how crazy racial discrimination makes people. Mass hysteria? Suicides? Rumors of war? Feeling rejected by the West after the elites had taken a risk and turned the national narrative away from the East? Thereby laying the groundwork for Postwar Japan’s narrative of uniqueness and exceptionalism that fuels much of the irrational and hypocritical behavior one sees in Japan today (especially vis-a-vis racial discrimination towards anyone NOT “Japanese”). Yet during Prewar Japan (when Japan was colonizing), the GOJ denied that it could even ideologically PRACTICE racial discrimination, since it was liberating fellow members of the Asian race (Oguma Eiji 2002: 332-3); and now we get denials that it exists in Japan, or that Japanese even understand the concept of racial discrimination because Japanese society allegedly has no races. After all, racial discrimination is something done to us Japanese by less civilized societies. It couldn’t happen in Japan. Yet it does. And when that is pointed out, then the denialism comes roaring back intertwined, as the above passage demonstrates, with the historical baggage of victimization.
Posted in Cultural Issue, Exclusionism, Gaiatsu, History, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Media, Shoe on the Other Foot Dept. | 6 Comments »
Posted by Dr. ARUDOU, Debito on 2nd May 2014
Big news this week I hadn’t gotten around to blogging was Monday’s front-page story in the Asahi Shinbun, about Japan’s “Japanese Only” signs, with a sizable chunk of the article devoted to the research that Debito.org has done on them.
It made a huge splash in the media. So much so that TV Asahi will be doing a segment on it on Sunday during their show『報道ステーションSUNDAY』（毎週日曜日１０時～１１時４５分）for being one of the Asahi’s most viewed online articles of the week. So switch it on and have a watch. Anyone want to record the segment for replay on Debito.org?
Here’s the article from the English version of the Asahi (significantly different from how it appeared in Japanese), followed by the original Japanese. Have a read. And thank you, everyone, for reading and supporting Debito.org.
ASAHI: A “Japanese Only” banner at a professional soccer game made international headlines and led to unprecedented penalties. But such signs are not new in Japan, and some have even appeared at tourist hotspots. It is true that some signs like these have been put up by people who genuinely dislike citizens of other countries. But many others say they had no intention to be discriminatory, and that their “Japanese Only” displays stem from the language barrier and problems with foreign customers unaware of Japanese rules and customs. Two apparent reasons why these signs keep showing up is a general sense of apathy among the public and a lack of understanding at how offensive the words can be for foreigners in Japan…
Posted in Anti-discrimination templates/meetings, Articles & Publications, Bad Business Practices, Exclusionism, Good News, Human Rights, Sport, 日本語 | 9 Comments »
Posted by Dr. ARUDOU, Debito on 29th April 2014
Excerpt: In 2006, then-U.S. Sen. Barack Obama gave a speech about people’s “empathy deficit.” He described empathy as “the ability to put ourselves in someone else’s shoes, to see the world through the eyes of those who are different from us — the child who’s hungry, the steelworker who’s been laid off, the family who lost the entire life they built together when the storm came to town.”
“When you think like this,” he continued, “when you choose to broaden your ambit of concern and empathize with the plight of others, whether they are close friends or distant strangers — it becomes harder not to act, harder not to help.”
I agree. Enormous social problems arise when people don’t understand (or rather, don’t try to understand) what’s going on in other people’s minds. I was mindful of that during my Ph.D. fieldwork, when I interviewed dozens of “Japanese Only” businesses. I always asked for (and got, often in great detail) the reasoning behind their exclusionism. I never agreed with their stopgap solutions (shutting out people they thought were “foreign” because they didn’t look “Japanese” enough), but I gained some sympathy for what they were going through.
But sympathy is not the same as empathy, and that is one reason why discrimination against foreigners and minorities is so hard to combat in Japan. Japanese society is good at sympathy, but empathy? Less so…
Posted in Articles & Publications, Cultural Issue, Discussions, Exclusionism, Human Rights, Japanese Government, Problematic Foreign Treatment, Shoe on the Other Foot Dept. | 27 Comments »
Posted by Dr. ARUDOU, Debito on 27th April 2014
On Sunday, April 20, there was a march in Tokyo Ikebukuro to celebrate the 125th birthday of Hitler. Yes, you read that right. And an article came out about it in Japan Today’s Kuchikomi column:
JT: According to J-Cast News (April 23), Sunday’s demonstration was organized by an organization that calls itself the “Gokoku Shishi no Kai” (Group of Warriors Protecting the Nation). They assembled in a small park in East Ikebukuro, the location of the gallows in the former Sugamo Prison, where former Prime Minister Hideki Tojo and six other Class A war criminals were executed by hanging in December 1948.
“To keep the achievements of our illustrious predecessors from going to waste, we advocate the restoration of the Great East Asia Co-prosperity Sphere, minus participation by China and the two Koreas,” one of the organizers told the assembled demonstrators. Referring to the date as coinciding with the 125th anniversary of Adolf Hitler’s birthday, he also noted that “The empire of Japan and Nazi Germany have been portrayed as villains, and in Germany glorifying the Nazis will get a person jailed. We would like to re-investigate the 1993 Kono Statement and Nazi Germany as well, to rehabilitate their good acts and restore their honor.” When asked to name the Nazis’ good acts, the speaker was able to come up with the autobahn, but not much else.
COMMENT: I’m glad this was filmed (Leni Riefenstahl did a much better service portraying her Nazis!), because it reveals two things:
1) The banality of evil. “Warriors Protecting the Nation”? All we really see are a small group of dorks playing at hate speech, trying to attract attention to themselves by saying things that they know will inflame historical passions of irrationality and prejudice. It’s kinda like high-schoolers listening to heavy metal music (or, okay, I’m dating myself: gangsta rap) really, really loud to annoy their parents. But who’s listening on, on either side? There are far more cops there keeping the peace than there are demonstrators waving their flags. Considering how much bigger their last demonstration was (which also included Nazi flags), is this all they could muster for Hitler’s momentous 125th? (Link here to compare.)
2) Their inability to make a cogent argument. At minute 2:55 in the video, they face a dissenter, and the group’s counterattack is swift and hive-minded. Instead of engaging in any form of logical debate, all they do is swarm in at their critic and say over and over again, “Anta nani-jin? Nani-jin? Anta nihonjin? Chuugokujin? Kankokujin?” (What are you? Japanese? Chinese? Korean?) As if a true Japanese couldn’t possibly be dissenting. By minute 5:20, they aver that it musta been a Shina-jin (the historically-unflattering word for Chinese), as if that settles their hash.
And if you watch to the end, it all just breaks down into a group of dullards who go out for a beer afterwards. Herr ringleader is not of the mettle to lead a beer hall putsch. Clearly these dwebes have nothing better to do with their weekend.
Posted in "Pinprick Protests", Bad Social Science, Exclusionism, Hate Speech and Xenophobia, History, Human Rights, Ironies & Hypocrisies, Racist Images in Media, Unsustainable Japanese Society, 日本語 | 28 Comments »
Posted by Dr. ARUDOU, Debito on 19th April 2014
Kyodo: The government plans to restart from August a test on a facial recognition system to speed up immigration checks at airports and prepare for an expected surge in visitors for the 2020 Tokyo Olympics, officials said Saturday.
COMMENT: Let’s survey the narratives of justification in this article. We have the argument that it’s allegedly for a looming event (NJ swarm from the 2020 Tokyo Olympics, even though it’s more than six years away!), the convenience factor (faster processing of people, this time without even registering!), and the bandwagon argument that others are implementing it (Britain and Australia, whose civil societies have had more robust debates on the issues of privacy and civil liberties). All of these arguments were made during the reinstitution of NJ fingerprinting in 2007, and that time it wasn’t for a specific event, but rather for anti-terrorism [sic] in general. And as Debito.org has argued many times before, once you get the public softened up on the idea of taking away civil liberties by testing it on one sector of the population (in this case, the Gaijin Guinea Pigs, since foreigners in every society have fewer civil and political rights), it gets expanded on the rest of the population. Let’s enter the No-Brainer Zone: I anticipate the facial recognition software will be implemented nationwide more seamlessly than any other intrusive technology yet, since it is so convenient and doesn’t require individual registry or even much hardware installation. There’s even a profit motive. Consider this:
JT Editorial: Over 100 supermarkets and convenience stores in the Tokyo metropolitan area have been recording images of shoppers’ faces as part of antishoplifting measures. Though the stores have posted signs stating cameras are in place, the stores have been sharing the biometric data of customers without their knowledge. [...] The problem is the lack of checks on the system. Seemingly whoever has access to the network could classify customers according to an arbitrary criterion. But what constitutes an “unreasonable” complaint is open to question. And whether an act of shoplifting is reported to the police and whether the suspect is convicted of the crime is a matter of the law. It should not be a matter of how an employee feels about it. Unfortunately with this technology, stores are now able to put people on a blacklist for any reason whatsoever.
COMMENT FROM SJ AND PHU: What if this employee is inherently suspicious of all foreigners in general, or harbors racist feelings towards anyone who does not appear Japanese? Such an employee can end up blacklisting and tagging a foreign shopper not for anything specific that the customer has done, but rather out of the employee’s own paranoia against non-Japanese shoppers… Japan’s pronounced discrimination problem does make it hard to ignore the likelihood of abuse skewing towards minorities.
Posted in Bad Business Practices, Bad Social Science, Fingerprinting, Targeting, Tracking NJ, Human Rights, Immigration & Assimilation, Problematic Foreign Treatment | 10 Comments »
Posted by Dr. ARUDOU, Debito on 14th April 2014
Mainichi: Discrimination against foreigners in renting apartments or other residences was given as an ongoing violation of their human rights by almost half of respondents to a survey by the Tokyo Metropolitan Government.
COMMENT: It is indeed good to see people acknowledging that discrimination towards NJ exists. And that the most common answer by respondents chosen (since it is probably the most normalized and systemic NJ discrimination) is in residence rentals. After all, take a look at this new system of guarantor-free housing by “Tokyo Sharehouse” — which has at least fifteen “sharehouses” advertised as “Japanese Only”:
LaFelice Ikejiri (English) http://tokyosharehouse.com/eng/house/detail/1324/, (Japanese) http://tokyosharehouse.com/jpn/house/detail/1324/
Claris Sangenjaya (English) http://tokyosharehouse.com/eng/house/detail/1325/ (Japanese) http://tokyosharehouse.com/jpn/house/detail/1325/
Domondo Sangenjaya (English) http://tokyosharehouse.com/eng/house/detail/1095/, (Japanese) http://tokyosharehouse.com/jpn/house/detail/1095/
Aviril Shibuya (Japanese Only in both meanings): http://tokyosharehouse.com/jpn/house/detail/1431/
Pleades Sakura Shin-machi (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/847/
La Vita Komazawa (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/500/
La Levre Sakura Shin-machi (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/846/
Leviair Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/506/
Flora Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/502/
La Famille (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/503/
Pechka Shimo-Kitazawa (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/507/
Amitie Naka-Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/508/
Cerisier Sakura Shin-machi (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/504/
Stella Naka-Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/501/
Solare Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/509/
Y’know, that’s funny. Why would this company go through all the trouble to put up a website in English and then use it to refuse NJ? So they’d look international? Or so they’d look exclusionary to an international audience? And you gotta love how they pretentiously put the names of the residences in faux French, yet won’t take French people…!
So, Tokyo Metropolitan Government, thanks for those surveys saying how sad it is that NJ are being discriminated against in housing. But what are they for, exactly? Mere omphaloskepsis? How about doing something to stop these bigots from discriminating?
Posted in "Pinprick Protests", Bad Business Practices, Cultural Issue, Exclusionism, Human Rights, Ironies & Hypocrisies, Japanese Government, 日本語 | 40 Comments »
Posted by Dr. ARUDOU, Debito on 2nd April 2014
Knowing your rights can protect against fake cops
BY DEBITO ARUDOU, SPECIAL TO THE JAPAN TIMES, APR 2, 2014
Long-time readers of The Japan Times will already be aware of some of the information in today’s column. But within is an important update, so press on.
As you no doubt know (or should know), non-Japanese residents are required to carry ID 24/7 in the form of wallet-size “gaijin cards,” nowadays known as zairyū kādo (resident cards). (People without those cards — i.e., tourists here for less than three months — must instead always carry a passport.) Don’t leave home without yours, for you could face detention and a criminal penalty if a police officer suddenly demands it.
Which they can do at any time — underscoring the weakened position of non-Japanese under domestic law and social policy. According to the former Foreign Registry Law, any public official empowered by the Ministry of Justice may demand ID from a non-Japanese person, whenever. Inevitably, this encourages racial profiling, as cops with systematic regularity target people who “look foreign” (including naturalized citizens, such as this writer) for public shakedowns that are intimidating, alienating and humiliating…
Read the rest at http://www.japantimes.co.jp/community/2014/04/02/issues/rights-can-protect-against-fake-cops/
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Articles & Publications, Fingerprinting, Targeting, Tracking NJ, Human Rights, Japanese police/Foreign crime, Practical advice, 日本語 | 37 Comments »
Posted by Dr. ARUDOU, Debito on 24th March 2014
I put this up as a matter of record of how Japan’s overt xenophobia has mutated from the hatred of a specific people (the Chinese and/or Koreans); now it’s piggybacking upon a historical campaign that ultimately led to genocide.
Witness this video taken of xenophobic demonstrators doing one of their demonstrations (note that this ilk last year also advocated genocide with a sign saying “good or bad, kill all Koreans”). The video below is subtitled as filmed in Tokyo Edogawa-ku, Kodomo no Hiroba (a children’s park), on Sunday, March 23, 2014:
COMMENT: This is one of the outcomes of an education system that still hasn’t come to grips with its fascist past, and thus has literate people appropriating symbols for shock value without historical awareness of what they’re advocating (or, worse yet, they are aware, and actually support genocidal fanaticism!). For once I’m willing to give these demonstrators the benefit of the doubt (as we see plenty of swastikas around Asia more as ideological fashion statements; moreover, we still haven’t seen a group manifesto specifically advocating murder). But not if Nazi Swastikas appear again. And I bet they will.
The only good news one could point out in this Edogawa-ku video to is the presence of counter-demonstrators. Not so long ago, protests like these were just seen as venting, confined to rightist wingnuts without much political traction, so they were ignored by the public in general who just walked by tacitly. Now with Japan’s sharp and overt right-wing swing, people ARE seeing the danger (as it increasingly gets noticed overseas) that these people represent, and coming out to show that racists do not represent all Japanese (their banners are, after all, also in English for foreign consumption). Good. Please continue.
But the counter-demonstrators could do better with their message. One thing that keeps getting missed out in these racist vs. counter-racist demos is the notion that the foreign element being decried is not really foreign. They (particularly the Zainichi being targeted) are residents of Japan who have been contributing to Japanese society for decades and generations. Nobody is really pointing this out — that NJ BELONG IN JAPAN and are INVESTED IN JAPAN just the same as citizens. Instead, it’s more along the lines of “racism is embarrassing to Japan, so knock it off”. It’s a shame issue, not a moral issue of equality and equal treatment of other peoples. We saw that in the recent “Japanese Only” sign issue with the Urawa Reds soccer team earlier this month: Despite some really good condemnations of racism in Japanese soccer, nobody really had the balls to say explicitly that the problem with this exclusionary sign is that NJ are Urawa Reds fans too. So this foreigner-verboten “sacred ground” within Saitama Station is a stupid concept, because fandom in sport should (and does) transcend nationality and race.
So if any counter-demonstrators are reading this blog (thanks if you are), may I suggest that you counter the evils of the “bad things foreigners in Japan do” propaganda with some “good things foreigners in Japan do” placards too? A simple, “外国人も日本人と同じ、住民だ！” would work magic in awareness raising and debate-agenda setting. Thanks.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Education, Hate Speech and Xenophobia, History, Human Rights, Ironies & Hypocrisies, 日本語 | 19 Comments »
Posted by Dr. ARUDOU, Debito on 21st March 2014
Some moderately good news also came down the pipeline a few days ago, when the Suraj Case of police brutality and death in detention was drawn to a conclusion in Civil Court. The Tokyo District Court faulted the GOJ with “illegal” excessive force, and doled out restitution of a paltry sum of about USD $50,000 for a man’s life. Hokay. For many (unless there is an appeal), that means case closed.
It’s good that somebody was found fault with. Up until now, Japan’s Immigration Bureau got away with a clear case of cold-blooded murder of a NJ being manhandled by overzealous authorities. However, this was a decision that took place in CIVIL Court, not Criminal, meaning no criminal penalty has been applied to Suraj’s killers.
Contrast this with a very similar murder that just came down in the UK: The Mubenga Case. Same time line (an excruciatingly slow four years), same class of human being as far as the developed countries see it (a dark African man from Ghana/Angola), and same killing while in official custody. Except in the UK case, you get arrests, a charge of manslaughter, and killers’ names made public. In other words, the System in the latter case is less likely to protect individuals for their excesses, which is the much better deterrent for them to do this brutal act again. Thus we’re more likely to see Surajs happen than Mubengas, since Japan’s criminal prosecutors decided not to pursue Suraj’s case. And so the Suraj Case remains Japan’s shame, and should be a deterrent for future immigrants to come to Japan: In Japan’s overall criminal system of “hostage justice”, an overstayed visa may become a capital offense.
Posted in Good News, Human Rights, Immigration & Assimilation, Japanese Government, Japanese police/Foreign crime, Lawsuits | 8 Comments »
Posted by Dr. ARUDOU, Debito on 14th March 2014
LESSONS OF THE URAWA “JAPANESE ONLY” SOCCER STADIUM BANNER CASE OF MARCH 8, 2014
Let’s sew this issue up: What happened this week is probably the most dramatic and progressive thing to happen to NJ in Japan, particularly its Visible Minorities, since the Otaru Onsens Case came down with its District Court Decision in November 2002.
In this decision, a Japanese court ruled for only the second time (the first being the Ana Bortz Case back in October 1999) that “Japanese Only” signs and rules were racial discrimination (jinshu sabetsu).
It did not call it discrimination instead based on “ethnicity” (minzoku), “nationality” (kokuseki), outward appearance (gaiken), or some kind of “misunderstanding” (gokai), “ingrained cultural habit” or “necessary business practice” (shuukan no chigai, seikatsu shuukan, shakai tsuunen, shikatsu mondai etc.). All of these claims had merely been excuses made to ignore the elephant in the room that more invidious racialized processes were involved.
But in the Urawa “Japanese Only” Soccer Stadium Banner Case, the word jinshu sabetsu reappeared in the terms of debate, and we may in fact have witnessed a watershed moment in Japan’s race relations history. Yet it wouldn’t have happened without the issue leaking outside of Japan, incurring gaiatsu (outside pressure), and a real threat to Japan’s worldwide reputation as a “civilized” society. A full explication follows:
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Media, NJ legacies, Otaru Onsen Lawsuit, Racist Images in Media, SITYS, Sport, 日本語 | 18 Comments »
Posted by Dr. ARUDOU, Debito on 11th March 2014
J.LEAGUE AND MEDIA MUST SHOW RED CARD TO RACISM
JBC Column 73 for the Japan Times Community Page
To be published March 13, 2014
By ARUDOU Debito, Version with links to sources
On Saturday, during their J. League match against Sagan Tosu at Saitama Stadium, some Urawa Reds fans hung a “Japanese only” banner over an entrance to the stands.
It went viral. Several sports sections in Japanese newspapers and blogs, as well as overseas English media, covered the story. The banner was reportedly soon taken down, and both the football club and players expressed regret that it had ever appeared. Urawa investigated, and at the time of going to press Wednesday, reports were suggesting that the club had decided that the banner was discriminatory, reversing a previous finding that the fans behind the incident had “no discriminatory intent.”
So case closed? Not so fast. There is something important that the major media is overlooking — nay, abetting: the implicit racism that would spawn such a sign.…
Posted in Articles & Publications, Bad Social Science, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Japanese Government, Media, Otaru Onsen Lawsuit, Racist Images in Media, Sport | 25 Comments »
Posted by Dr. ARUDOU, Debito on 16th February 2014
Going into my Drafts folder once more, I uncovered this little gem of “Pinprick Protest” from more than two years ago — the Papa John’s “lady chinky eyes case” where an individual took action against another individual (representing a corporation) for a racial slur at a pizza chain, and through the pressure of public outrage and social opprobrium made somebody take responsibility. As in getting that idiot fired for making the slur.
Not sure this would happen as successfully (or at all) in Japan — where the tendency would be to dismiss this as some kind of cultural/linguistic misunderstanding (or else — shake your head — claim that this differentiation was meant in a positive light; hey, we like chinky lady eyes/big gaijin noses etc., and there was no intention to discriminate).
The best example I can think of right now where social opprobrium worked was in the Otaru Onsens Case, where media pressure got two racist bathhouses to remove their signs. Eventually. The third bathhouse, of course, left their signs up. And it took a court case to get theirs down. And there are lots more exclusionary signs and rules around Japan, so social opprobrium clearly isn’t enough.
Anyway, here’s the story. I cite this as a template for nipping discriminatory speech in the bud.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Bad Business Practices, Food, Good News, Human Rights, Media, Racist Images in Media, Tangents | 4 Comments »
Posted by Dr. ARUDOU, Debito on 16th January 2014
In what I consider to be good and very significant news, the Tokyo District Court ruled that NJ who had their privacy violated, due to National Police Agency leaks of personal information, were entitled to compensation.
This is good news because the government rarely loses in court. Considering past lawsuits covered by Debito.org, the police/GOJ can get away with negligence (Otaru Onsens Case), grievous bodily harm (Valentine Case), and even murder (Suraj Case).
But not privacy violations. Interesting set of priorities. But at least sometimes they can protect NJ too.
Note also what is not being ruled problematic. As mentioned below, it’s not an issue of the NPA sending out moles to spy on NJ and collecting private information on them just because they happen to be Muslim (therefore possible terrorists). It’s an issue of the NPA losing CONTROL of that information. In other words, the privacy breach was not what’s being done by The State, but rather what’s being done by letting it go public. That’s also an interesting set of priorities.
But anyway, somebody was forced to take responsibility for it. Good news for the Muslim community in Japan. More background from the Debito.org Archives on what the NPA was doing to Japan’s Muslim residents (inadequately covered by the article below), and the scandal it caused in 2000, here, here, and here.
UPDATE JAN 17: UPDATE JAN 17: I was convinced by a comment to the Japan Times yesterday to remove this entry from the “Good News” category. I now believe that the court approval of official racial profiling of Muslims has made the bad news outweigh the good.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Fingerprinting, Targeting, Tracking NJ, Human Rights, Japanese Government, Japanese police/Foreign crime, Lawsuits, Problematic Foreign Treatment | 2 Comments »
Posted by Dr. ARUDOU, Debito on 6th January 2014
Happy New Year to all Debito.org Readers. Thank you as always for reading and commenting. 2014 has a few things looming that will affect life for everyone (not just NJ) in Japan, as I allude to in my Japan Times JUST BE CAUSE column of January 7, 2014:
“The empire strikes back: The top issues for NJ in 2013″
By ARUDOU, Debito, Column 71 for the Japan Times Community Pages
Welcome to JBC’s annual countdown of 2013’s top human rights events as they affected non-Japanese (NJ) in Japan. This year was more complex, as issues that once targeted NJ in specific now affect everyone in general. But here are six major events and five “bubble-unders” for your consideration:
6. Fukushima is complicated by xenophobia
5. Japan to adopt Hague treaty
4. Visa regimes get a rethink
3. Hate speech turns murderous
2. LDP holds both Diet chambers
1. The state secrets law
11. Marutei Tsurunen, Japan’s first foreign-born Diet member of European descent, loses his seat.
10. Donald Richie, one of the last of the first postwar generation of NJ commentators on Japan, dies aged 88.
9. Beate Sirota Gordon, one of the last living architects of the liberalizing reforms within the postwar Japanese Constitution, dies at 89.
8. Osaka Mayor Toru Hashimoto takes a revisionist stance on Japanese history regarding the wartime sex-slave issue and reveals his camp’s political vulnerability.
7. Tokyo wins the 2020 Olympics, strengthening the mandate of Japan’s ruling class and vested construction interests
Posted in Anti-discrimination templates/meetings, Articles & Publications, Bad Social Science, Child Abductions, Cultural Issue, Education, Exclusionism, Gaiatsu, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Labor issues, Media, NJ voices ignored, discounted & discredited, SITYS, Sport, Unsustainable Japanese Society | 21 Comments »
Posted by Dr. ARUDOU, Debito on 3rd January 2014
You know things are really getting serious when the Old Grey Lady starts doomsaying. After a milder editorial last April, the NYT has broken the news about Japan’s Extreme (I think we can call it “extreme” without hyperbole) Rightward Swing in an editorial last month. And it does it without worrying about allegedly imperiling “The Relationship”, the typical excuse for pulling punches when it comes to criticism of Japan (e.g., avoid “racist Japan bashing”, and protect our closest ally, hitherto largest sales market outside of the USA, and most successful American-reconstructed Postwar country in Asia). The NYT now sees the “danger” (and calls it that). It’s time for people to start considering the PM Abe Administration as a regional security risk, and — Dare I say it? Yes I do — drawing up contingent strategies of containment as one would China. This is where we’re heading in 2014. The longer the world averts one’s eyes to Abe’s true intentions over the next two years, the worse it will be for the Japanese, and for Japan’s neighbors.
NYT: The government of Prime Minister Shinzo Abe this month rammed through Parliament a state secrecy law that signals a fundamental alteration of the Japanese understanding of democracy. The law is vaguely worded and very broad, and it will allow government to make secret anything that it finds politically inconvenient. Government officials who leak secrets can be jailed for up to 10 years, and journalists who obtain information in an “inappropriate” manner or even seek information that they do not know is classified can be jailed for up to five years. [...] Mr. Abe’s aim is to “cast off the postwar regime.” Critics in Japan warn that he is seeking to resurrect the pre-1945 state. It is a vision both anachronistic and dangerous.
Posted in Gaiatsu, History, Human Rights, Japanese Government, Media, SITYS | 11 Comments »
Posted by Dr. ARUDOU, Debito on 29th December 2013
As the last post for 2013, let me ask you your opinion:
What do you think were the most important issues/events affecting or concerning NJ in Japan during 2013?
I will be doing my regular annual Top Ten recap in my next Japan Times JBC column (moved to Thursdays since November, so out January 2).
I’ve already ready written up and submitted my list to the JT, but I don’t want to influence your answers by doing a blog poll of options or anything like that. I’ll keep the question open-ended and ask for your feedback in the Comments Section.
So as 2013 draws to a close, I want to say thanks as always to everyone for reading Debito.org for yet another year. We’re only two years and a bit from our twentieth anniversary (as we were created on March 15, 1996! Read a brief synopsis of our history here.) Here’s to another successful (and hopefully hacker-free) year of reading and commenting on Japan and human rights issues.
Posted in Articles & Publications, Discussions, Human Rights | 12 Comments »
Posted by Dr. ARUDOU, Debito on 11th December 2013
My conclusions first: If you really want to “look on the bright side” of recent events, we could say “we live in interesting times”. Given the normally glacial pace of reforms in Japan, the Abe Administration is proceeding with incredible speed — which he can do, given LDP control over both houses of Parliament. It’s a pity that things are heading in the Rightist direction, dismantling the Postwar order of governance and the safeguards against Prewar fascism faster than the public or media can keep up.
As discussed here before Debito.org got tackled, both inside and outside observers (including the UN) were alarmed at the contents of the State Secrets Protection Law (himitsu hogo hou), the one that leaves vague what a “government secret” is exactly (for better public non-transparency), and offers criminal penalties of up to ten years’ incarceration for violators, including journalists. The tone of this law is pretty clear: Anyone who gets in the way (and according to LDP Secretary General and defense policy wonk Ishiba Shigeru, “noisy” protestors will be labeled “terrorists”; I’m waiting for Ishiba to say the same thing about the perennially noisy, intimidating, and sometimes violent right-wing sound trucks) will be dealt with accordingly.
Debito.org said that the protests in any case were too little, too late, and it would make no difference. It didn’t (except in Abe’s approval ratings, which dipped below 50% for the first time for this administration; never mind — a few more saber rattlings with the Chinese bogeyman will remedy that), and the bill was rammed through both the Lower and Upper Houses and is now law. SITYS.
This after, as also noted on Debito.org previously, Abe’s Gaijin Handlers were sent off on a mission to placate the one country that might get them to avert this course: The United States. Top Abe advisor Kitaoka Shin’ichi recently visited Hawaii and points mainland to sell Japan’s remilitarization as a means to help America’s security exploits abroad, saying it would be possible by a mere circumvention of the Constitution by reinterpretation. Who needs to go through that laborious process of actual Constitutional revision when you can just ignore it? And it seems the Americans have signed off on it. And on Japan’s new protection measures of “state secrets”. And on a creation of a National Security Council that reports to Abe, modeled on the USG’s NSC, so who could object? Checkmate.
Look, some people might be surprised by all this, but I’m not. Debito.org saw this coming more than ten years ago, and watched it play out since 2000 as innate fears of outsiders in general were made into public policy seeing foreigners as criminals, then terrorists etc. Now. it’s Chinese foreigners in specific (what with the two-plus “Lost Decades” of stagnant to negative growth causing Japan to be eclipsed by China as the largest economy in the region). I’ve charted the arc of this public debate here in a paper for Japan Focus, showing how officially-sponsored xenophobia was used to undermine, then decimate, Japan’s Left. And with no opposition Left, there’s nothing to stop a dedicated silver-spoon elite like Abe, who has known no war (and accepts no responsibility for Japan’s historical role in it), for swinging the pendulum the furthest Right it has been in the Postwar Era. Provided his health holds up, he’s got three years to do it. Just watch him do it as quickly as possible.
Posted in Hate Speech and Xenophobia, Human Rights, Japanese Government, Japanese Politics, Media, SITYS, United Nations, Unsustainable Japanese Society, 日本語 | 30 Comments »
Posted by Dr. ARUDOU, Debito on 27th November 2013
A bit of a tangent today. The author of this article asked me for some input some months back, and I steered him towards some resources that talked about Japan’s historical involvement with Burma (and deep ties between the ruling junta and Japan’s WWII government — to the point of using the Imperial Army’s public order maintenance style over its colonies as a template to repress domestic dissent). Even with recent changes in Burma’s government, Japan’s engagement style is reportedly not changing — it’s still up to its old nontransparent policymaking tricks. I put up this article on Debito.org because it relates to the Abe Administration’s perpetual use of China not only as a bugbear to stir up nationalism and remilitarization, but also something to encircle and contain, as Abe visits more Asian countries in his first year in office than any other PM (without, notably, visiting China). Nothing quite like getting Japan’s neighbors to forget Japan’s wartime past (and, more importantly, Japan’s treatment of them as a colonizer and invader) than by offering them swagbags of largesse mixed with a message of seeing China instead as the actual threat to regional stability. Result: Who will agitate for the offsetting of Japan’s historical amnesia if the descendants of their victims (or their governments, lapping up the largesse) will not? These are the “arrows” Abe is quietly loosing, and this time outside Japan in support of his revisionism.
DVB News: Japan’s traditional approach to diplomacy – characterised by “quiet dialogue” – is becoming a threat to Burma’s fragile reform process. In recent weeks, the Japanese government has demonstrated an alarming lack of transparency regarding both its role in Burma’s peace process and land grabbing problems at Thilawa, Japan’s flagship development project near Rangoon. Eleven News also reported on Tuesday that a Burmese parliament member demanded greater transparency about how Japanese financial aid is distributed to Burma’s health sector…
Posted in Bad Business Practices, Bad Social Science, Gaiatsu, History, Human Rights, Japanese Government, Tangents | 3 Comments »
Posted by Dr. ARUDOU, Debito on 10th November 2013
As Tokyo is having some elections (or by this time of blogging, had; sorry), I thought it within the role of Debito.org to archive yet another example of xenophobia used as a campaign strategy.
Xenophobic party Ishin Seitou Shinpuu (Restoration Party New Wind) is up to its old anti-foreigner tricks again. This time, front and center, is a candidate for Tokyo Katsushika-ku by the name of Kaneko Yoshiharu, a former employee of Ishikawa Prefecture and former town councilor for O-i Chou in Kanagawa Prefecture, clearly skipping to the other side of Tokyo to rent an apartment and rally up a few fellow fearmongerers.
His slogan, front and center: “More than foreigners, Japanese are first!” (Gakokujin yori nihonjin ga daiichi!). He’s also calling for limits to foreign products being “dumped” (i.e., being sold overseas for lower than production cost or domestic pricing in order to capture market share — which is kinda rich to say given Japan’s trade record) and for a hardening of policy against Japan’s low birthrate (sorry, potential pun acknowledged). He also wants (see below within his public statement) an end to “superfluous (kajou na) support for foreigners”, whatever that means.
In case you’re wondering whether anyone would have the courage to put this up on campaign poster walls (or wonder whether Japan’s election laws would allow for such divisive language), he does and they do. If you want to know more about what Kaneko wants done, have a look at this.
Keep an eye on this party, folks (http://www.shimpu.jpn.org). It’s the most brazen, but by no means the only xenophobic party of grumpy old Japanese men out there who want to jerk Japan’s political chain hard right. It helps to have somebody extremely hard-line so that other hardliners (such as Ishihara/Hashimoto’s Japan Restoration Party — without the New Wind) look milder by comparison. Helps to normalize the invective.
Posted in Bad Social Science, Hate Speech and Xenophobia, Human Rights, Ironies & Hypocrisies, Japanese Politics, Media, Problematic Foreign Treatment, 日本語 | 37 Comments »
Posted by Dr. ARUDOU, Debito on 2nd November 2013
Debito.org Reader JF found this sticker up in Ikebukuro a few weeks ago. Issued by the Tokyo Metropolitan Government Youth and Safety Policy Division, it says that the employer of this establishment will not hire illegal foreign workers. The slogan above says, “Office declaring its promotion of the proper employment of foreigners”, complete with The Staring Eyes of Big Brother that probe all souls for criminal intent, sorta thing. Like this one snapped in Tamagawa last September:
JF comments: “I sort of see what they are trying to say with it, but I still think this sticker is bad style and puts all of us in a bad light. Suggesting yet again that many foreigners work illegally, while the actual percentage is probably tiny.”
It is, the number of so-called “illegal foreigners” long since peaking in 1993 and continuing to drop, despite police propaganda notices claiming the contrary (see for example here and here). JF did a bit more searching about the origin of the stickers, and discovered a downloadable manual directed at employers about how to hire foreign workers legally. Here’s the cover. Entitled “Gaikokujin Roudousha Koyou Manyuaru” (Hiring Manual for Foreign Workers), you can download it from Debito.org at http://www.debito.org/TokyotoGaikokujinHiringManual2013.pdf. Synopsis of the Manual follows…
Posted in "Pinprick Protests", Discussions, Human Rights, Immigration & Assimilation, Japanese Government, Japanese police/Foreign crime, Labor issues, Media, Practical advice, 日本語 | 11 Comments »
Posted by Dr. ARUDOU, Debito on 27th October 2013
Here’s another long-standing issue within Japan’s criminal justice system — the two-tiered system of incarceration for foreigners only. When one is being detained for a violation of Japan’s criminal code, you have prison for those convicted and the daiyou kangoku interrogation centers for those awaiting conviction (and almost everyone (95%) who is indicted under this system confesses to a crime, thanks to the unsupervised and harsh interrogation techniques). Almost everyone who confesses to a crime (the most-cited figure is >99%) gets convicted and probably goes to prison.
But then there are the detention centers for foreigners with visa issues who can be incarcerated indefinitely. This is unlike Japan’s prison system where 1) there are international standards for incarceration, and 2) there is a maximum limit — as in a prison sentence — to the duration for inmates. Not so Japan’s foreigners. And not so, as you can see below, Japan’s asylum seekers, where yet another NJ has died in custody due to, the article notes below, lax oversight over the health of their detainees.
I bring this up because this case will no doubt soon be forgotten. Like the other issues of violence, unsanitary food leading to hunger strikes and suicides, Immigration brutality leading to an uncharged murder of a detainee, and more. No wonder some people would prefer an overseas refugee camp than come to Japan to languish and perhaps die in a Gaijin Tank. Best to archive it here as yet another brick in the wall.
AFP: An asylum-seeker collapsed and died after staff at a Japanese immigration center failed to call for a medic, allegedly because the doctor was having lunch, a pressure group said Thursday. Anwar Hussin, a member of Myanmar’s Rohingya ethnic group, fell ill shortly after he was detained on Oct 9, according to People’s Forum on Burma, a Japan-based NGO headed by a Japanese lawyer.
Citing the 57-year-old’s cousin, the group said Hussin had been complaining of a headache all morning and fell unconscious as he began eating lunch in his cell. Fellow detainees—seven people of different nationalities—called for help because he was vomiting and having spasms, the NGO said. Detention center staff rejected their requests that a doctor be called, saying Hussin was just “having a seizure” and that the duty medic was on his lunch break, the group said, citing detainees who had spoken to the dead man’s cousin.
A doctor was summoned 51 minutes after Hussin’s collapse, according to a timeline given to his cousin by the center. Staff made an emergency call four minutes after the doctor’s arrival and 55 minutes after being made aware of the problem, the timeline showed. Hussin died in hospital on Oct 14, it said.
Posted in Human Rights, Immigration & Assimilation, Injustice, Japanese Government, NJ voices ignored, discounted & discredited | 10 Comments »
Posted by Dr. ARUDOU, Debito on 19th October 2013
In an apparent policy U-turn, the GOJ decided last week to lift the ban on certain South Americans of Japanese descent (Nikkei) from re-entering Japan. This after bribing them to leave in 2009 so that they would not become an inconvenient unemployment statistic (not to mention that it was cheaper to pay their airfare than to pay them their social welfare that they had invested in over the decades, or pay them their pensions in future when reaching retirement age).
The reasons for this U-turn are being discussed in a recent Japan Times article, excerpted below. The article speculates that a couple of embarrassing lawsuits and visa-denials might have tipped the GOJ’s hand (I for one doubt it; Japan’s visa regimes, as can be seen for example in its perennial stance towards refugees, are generally impervious to public exposure and international pressure). I believe it was more an issue of the GOJ facing reality (as happened more than one year ago at the highest policymaking levels, where even the GOJ still maintained the stance that if immigration was an inevitability, they had better bring back people with Japanese blood; after all, the only ones in attendance were all Wajin and one token Nikkei).
Debito.org has spoken out quite hot-tonguedly about how ludicrous the Nikkei Repatriation Bribe was, not the least because of its inherently racialized paradigms (because they only applied to Nikkei — people who were also in even more dire financial straits due to the economic downturn, such as the Chinese and Muslim factory workers laboring in conditions of indentured servitude, were left to fend for themselves because they lacked the requisite Japanese blood).
So as a matter of course Debito.org cheers for the lifting of the ban. But the Bribe and the Ban should never have happened in the first place. So the GOJ can also take its lumps even if they are ultimately making the right decision.
Does this mean that the numbers of registered NJ residents of Japan will start to increase again? I will say it could happen. I stress: could, not will happen. But if it did, that statistic, not any asset bubbles and transient stock-market numbers that people keep championing as the putative fruits of “Abenomics”, will be the real indicator of Japan’s recovery. That is to say, if Japan ever regains its sheen as an attractive place to work for international labor, then an increase in Japan’s NJ population will cause and signal a true leavening of Japan’s economic clout and prowess. But I remain skeptical at this juncture — as I’ve said before, the jig is up, and outsiders generally know that Japan has no intention or enforceable laws to treat immigrants as equals, no matter how much of their lives and taxes they invest.
At this time, I believe international migrant labor will continue to vote with their feet and work elsewhere. So good luck with significant numbers coming to Japan even with this ban lifted.
Posted in "Pinprick Protests", Bad Business Practices, Bad Social Science, Exclusionism, Gaiatsu, Good News, Human Rights, Ironies & Hypocrisies, Japanese Government, Labor issues, Lawsuits, Pension System, Problematic Foreign Treatment, Unsustainable Japanese Society | 9 Comments »
Posted by Dr. ARUDOU, Debito on 8th October 2013
Good news from the Japanese judiciary. A lower court in Kyoto has finally ruled for the first time that a) hate speech exists in Japan, b) it is an illegal activity, subject to restriction, sanction, and penalty, and c) it is covered under international treaty (since Japan has no law against hate speech) such as the UN CERD.
That is a hat trick in terms of jurisprudence (on par with the Ana Bortz Case and the Otaru Onsens Case, although they were arguably more about issues of business and access to services than abstract concepts like freedom of speech).
Let’s hope a higher court does not overturn this. But I think the zealous bigots at Zaitokukai are realizing they’ve gone too far and set a spoiler precedent. About time — when their followers advocate murder and massacre of an ethnic minority, I think that’s when even timorous Japanese judges, who are sensitive to media attention, have to draw a line somewhere. Here’s where it was drawn. Articles from the Mainichi/Kyodo and Japan Times follow:
Mainichi: The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging a demonstration during which they directed hate speech at the ethnic Korean community in Japan, banning them from staging further demonstrations. It is the first court decision in connection with hate speech, which fans discrimination and hatred toward a certain race or minority, lawyers for the school said.
Posted in Good News, Hate Speech and Xenophobia, Human Rights, Lawsuits, United Nations, 日本語 | 22 Comments »
Posted by Dr. ARUDOU, Debito on 6th October 2013
I was contacted recently for a few quotes on this subject (an important debate, given the increasing diversity within the Japanese citizenry thanks to international marriage), and I put the reporter in touch with others with more authoritative voices on the subject. I will excerpt the article below. What do you think, especially those readers who have Japanese children or are “half Japanese” themselves?
TheDiplomat.com: By the year 2050, 40 percent of the Japanese population will be age 65 or older. With Japanese couples having fewer children than ever before, Japan is facing a population decline of epic proportions. However, one demographic continues to grow: Japanese and non-Japanese mixed-race couples. But in one of the world’s most homogeneousous countries, is Japan ready to accept their offspring?
Biracial Japanese nationals like Takagi are an increasingly common sight in Japan. The latest statistics from the Japanese Ministry of Health, Labor, and Welfare indicate that one out of every 50 babies born in 2012 had one non-Japanese parent. Additionally, 3.5 percent of all domestic marriages performed last year were between Japanese and foreigners. To put those numbers into perspective, the earliest reliable census data that includes both mixed race births and marriages shows that fewer than one out of 150 babies born in 1987 were biracial and only 2.1 percent of marriages that year were between Japanese and non-Japanese.
Takagi is one of a growing number of hafu – or half Japanese – who have grown up between two cultures. The term itself, which is derived from the English word “half,” is divisive in Japan. Hafu is the most commonly used word for describing people who are of mixed Japanese and non-Japanese ethnicity. The word is so pervasive that even nontraditional-looking Japanese may be asked if they are hafu.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Articles & Publications, Cultural Issue, Discussions, Human Rights, Immigration & Assimilation, Japanese Government, NJ legacies, Otaru Onsen Lawsuit | 16 Comments »
Posted by Dr. ARUDOU, Debito on 4th October 2013
Blame news cycles, but I’m coming in late to the discussion on Tokyo’s successful bid for the 2020 Olympics. Sorry. The most poignant stuff has already been said, but I would add these thoughts.
Probably unsurprisingly, I was not a supporter of Tokyo’s candidacy. Part of it is because I have a hard time enjoying events where individuals are reduced to national representatives, saddled with the pressure to prove an apparent geopolitical superiority through gold medal tallies. Guess I’m just grouchy about international sports.
That said, this time around, the wheeling and dealing at the International Olympic Committee has been particularly distasteful. Unlike the IOC, I can’t forget Tokyo Gov. Naoki Inose’s denigration of fellow candidate city Istanbul for being “Islamic” (conveniently playing on widespread Western fears of a religion and linking it to social instability). This was especially ironic given rising xenophobia in Japan, where attendees at right-wing rallies have even called for the killing of ethnic Koreans who have lived in and contributed to Japan for generations.
Nor can I pretend to ignore the risk of exposing people to an ongoing nuclear catastrophe in Fukushima. Even if you think the science is still unclear on the health effects of radiation in Tohoku, what’s not in doubt is that there will be incredible amounts of pork sunk into white-elephant projects in Japan’s metropole while thousands of people still languish in northern Japan, homeless and dispossessed. When so much work is incomplete elsewhere, this is neither the time nor place for bread and circuses.
All of this has been said elsewhere, and more eloquently. But for JBC, the most important reason why the Olympics should not come to Japan is because, as I have argued before, Japan as a government or society is not mature enough to handle huge international events…
Posted in Articles & Publications, Fingerprinting, Targeting, Tracking NJ, Hokkaido Toyako G8 Summit 2008, Human Rights, Japanese Government, Japanese Politics, Sport, Unsustainable Japanese Society | 18 Comments »
Posted by Dr. ARUDOU, Debito on 22nd September 2013
Here’s some good news. Finding a silver lining in Japan’s successful Olympics 2020 bid, here’s Zakzak reporting that Olympic fever has seized the groups protesting against the anti-Korean demonstrations happening in Tokyo: They are blocking demonstrations and not wanting them to spoil Tokyo’s Olympics. Well, very good. Should think that as the time draws nearer the xenophobic elements within Japan’s ruling elites will be leaning on the rabid Rightists as well. But it’s nice to see the Grassroots doing it for themselves. May it become a habit.
Posted in Anti-discrimination templates/meetings, Good News, Hate Speech and Xenophobia, Human Rights, Sport, 日本語 | 5 Comments »
Posted by Dr. ARUDOU, Debito on 18th August 2013
I’m about to vacation the blog for a few weeks for the summer, but before I do, here’s some food for thought about the debate on discrimination in this part of the world. Contrast the Korea Times article below about racial discrimination in South Korea with any article about racial discrimination in Japan. I see striking parallels, especially given my experience as a naturalized Caucasian Japanese myself. The debate in South Korea seems to be falling into similar mental traps and policy-level blind spots.
KT: In a report submitted to the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) in 2003, the Korean government explained that the “homogeneity of the Korean people and the relative lack of multiethnic experiences have been conducive to prejudice against foreign cultures and people.”
But Hyung-il Pai, a professor of Korean history at the University of California, argues in her book, “Constructing ‘Korean’ Origins,” that the idea of a pure Korean race is a myth constructed by Japanese colonial scholars and Korean nationalists. The archaeological record actually shows that Korea’s historical development reflected diverse influences from throughout Northeast Asia.
Nonetheless, “Race as the basic unit of analysis in Korean history was the pedestal on which the nation was built. Race or blood was considered the most critical factor in Korean identity formation,” she explained about modern Korean attitudes on history.
Posted in Cultural Issue, Human Rights, Immigration & Assimilation, Problematic Foreign Treatment, Tangents | 10 Comments »
Posted by Dr. ARUDOU, Debito on 10th August 2013
Japan Times: Spare a thought for Marutei Tsurunen, Japan’s first European-born naturalized immigrant parliamentarian. He was voted out in last month’s House of Councilors election.
You might think I’d call it tragic. No. It was a comeuppance.
It needn’t have turned out this way. Squeaking into a seat by default in 2001, Tsurunen was later reelected in 2007 with a reaffirming mandate of 242,740 proportional representation votes, sixth in his party. Last month, however, he lost badly, coming in 12th with only 82,858.
For a man who could have demonstrated what immigrants (particularly our visible minorities) can do in Japan, it was an ignominious exit — so unremarkable that the Asahi Shimbun didn’t even report it among 63 “noteworthy” campaigns.
However, Tsurunen offers lessons in microcosm for his Democratic Party of Japan (DPJ), and on why Japan’s left wing was so spectacularly trounced in the last two elections…
Posted in Articles & Publications, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Japanese Politics, NJ legacies | 10 Comments »
Posted by Dr. ARUDOU, Debito on 2nd August 2013
The Rogues’ Gallery of Exclusionary Establishments, an information site constructed by Debito.org and its supporters to catalog the spread of “Japanese Only” establishments nationwide, has added yet another karaoke parlor to its collection. As per the entry:
Okinawa City Moromizato (Okinawa Pref)
Karaoke Hall Maimu
（沖縄市諸見里１−１−２ Ph (098) 931-9114、カラオケの店舗）
Website: http://www.top-music.co.jp/sub_30.html (which does not mention their exclusionary rules)
SIGN: “THIS PLACE IS ONLY FOR JAPANESE SPEAKER!”
Submitter Justin rightly notes: “Shop is located near Kadena US Air Force base. While these signs are a step up from completely discriminating against all NJ, it is ridiculous that they can get a sign saying people who can’t speak Japanese are not admitted, but can’t have someone translate a paper listing the ‘rules and regulations of the shop’ in English.”
Quite. Plenty of hotels (especially the pre-disaster Fukushima ones) use the same excuse. And Maimu’s English translation is quite good, so this “language barrier” feels more like an excuse just to exclude like the ones proffered by Onsen Yunohana back in 2001.
The Rogues’ Gallery Moderator also wonders how Maimu will be testing customers’ language ability, what the sufficient linguistic thresholds are to “pass”, and if it will be only be enforced on people who “look foreign”. Also, since their website also says children are welcome (and has no rules to bar deaf or blind people), I wonder if Maimu is as worried about potential communication problems during emergencies with them? No, I bet it’s just “foreigners” that cause “inconvenience to our customers”.
Another one duly recorded. Any more places like this out there, Debito.org Readers? Submissions welcome as per the parameters up at the Rogues’ Gallery
Posted in "Pinprick Protests", Bad Business Practices, Exclusionism, Human Rights, Problematic Foreign Treatment, 日本語 | 13 Comments »
Posted by Dr. ARUDOU, Debito on 26th July 2013
Here’s Eric Johnston surveying how last winter’s hate speech finally blew up into a social issue during the spring (enough so that even Abe had to publicly disavow it), then did not gain enough political traction to become a campaign issue during the election. It’s a shame, really, as how people voice their opinions about groups of people in public have profound effects on how those groups will be treated both in public debate and in public policy. Even with PM Abe’s Facebook record of jingoistic and revisionistic “mobilization of the otakusphere”, voters indicated last week that they didn’t care. If anything, they gave Abe a strengthened mandate to continue in this vein. So even though this article talks about events before the Upper House election, I foresee no change to how hate speech is used to continue Japan’s rightward swing in Japan’s social discussions and politics. There is simply no pressure to.
JT: Over the past six months or so, it has been the rightist group Zaitokukai that has been responsible for much of the hate speech. Arita said this was not a coincidence. “Zaitokukai was established during the “right-leaning” Abe’s first administration in 2006 and 2007, and started escalating their aggression after the resurgence of (Abe’s) Liberal Democratic Party and the advent of his second administration last year,” Arita said. Judging from Abe’s rhetoric in May, Arita doubts the prime minister in particular would be seriously inclined to sign on to any sincere legislative effort to ban such virulent talk.
“In the most recent edition of the monthly magazine Bungei Shunju, Abe was asked about hate speech. His response was ‘I leave this matter to the good conscience of the average Japanese,’ ” Arita said. “But politicians must take responsibility for trying to resolve this issue. The fact that Abe can make such a comment fills me with doubt about how seriously he’s taking it.” Nor do most Diet members seem to want to mull legal bans.
Posted in Cultural Issue, Hate Speech and Xenophobia, Human Rights, Japanese Politics | 16 Comments »
Posted by Dr. ARUDOU, Debito on 24th July 2013
Meiji University law professor Lawrence Repeta has written up an important article about the probable outcomes and motivations of the specific texts (and subtexts) behind the LDP’s proposed constitutional revisions. Frightening stuff, especially from a human-rights perspective. And it looks to me like it may come true with PM Abe’s Upper House win last weekend.
Repeta: 2. Elevating maintenance of “public order” over all individual rights
The LDP would revise key language of Article 12 of the Constitution to read that the people “shall be aware that duties and obligations accompany freedoms and rights and shall never violate the public interest and public order.…”
What are these “duties and obligations”? The LDP doesn’t say. Such open-ended language would serve as an invitation to zealous officials eager to identify duties and obligations that may limit or even override individual rights. The most disturbing aspect of this text, however, is that “freedoms and rights” would be subordinated to “public interest and public order.” “Freedoms and rights” are specified in the present text of the constitution, but the new expression “public interest and public order” is undefined. In their Q&A pamphlet, LDP authors explain,
“Public order” here is “social order” (shakai chitsujo); it means peaceful social life (heibon na shakai seikatsu). There is no question that individuals who assert human rights should not cause nuisances to others.
So the LDP target appears to be individuals who “assert human rights” and thereby “cause nuisances to others.” Although the public order limitation would apply to all constitutional rights, we can expect that it would have an especially powerful chilling effect on speech rights and other forms of protest. Every public march or other political demonstration slows traffic and causes “nuisances” to others. Most democratic societies accept such inconveniences as a necessary cost of freedom, especially for protection of the right to speak out. Japan’s courts have shown little respect for such rights, however, repeatedly ruling in favor of police action to manage public demonstrations and otherwise restrict public speech.
Posted in Bad Social Science, Cultural Issue, Human Rights, Japanese Government, Japanese Politics | 24 Comments »
Posted by Dr. ARUDOU, Debito on 15th July 2013
In keeping with the upcoming Upper House Election in Japan in less than one week (July 21), one member whose seat is up for renewal is Tsurunen Marutei, the septagenarian Finland-born naturalized Japanese. He has spent a great proportion of his life in Japan running for elections in local positions (successfully), then nationally (not so successfully, but finally squeaking in on the last rung of Proportional Representation seats by “kuri-age”, when the person who got in instead, Ōhashi Kyosen, gave up his seat in disgust with Japan’s political system). Tsurunen then won his second six-year term in 2007. This was significant, since it could be argued that Tsurunen now had a more secure mandate thanks to his works.
However, next week Tsurunen looks likely to lose his Diet seat. And in Debito.org’s opinion, so be it. On the eve of this rather ignominious end to what should have been a noteworthy political career, let’s assess here what Tsurunen accomplished: As far as Debito.org is concerned, very little….
Now that the DPJ has gone down in flames, so will he; Tsurunen as the election looms clearly has little he can use to recommend himself for his job except the color of his eyes. This unremarkable politician, who once said he’d fight for the “outsiders”, in the end did little of that. In fact, it seems Tsurunen fought only for himself, wanting a Diet seat only as a matter of personal ambition and status — to be Japan’s first at something. Even if it was to occupy what he seems to have made into a sinecure. Same as any politician, people might argue. But Tsurunen, with all the visibility and potential of Japan’s first foreign-born and Visible-Minority Japanese MP, squandered a prime opportunity to show what Visible Minorities in Japan can do.
Posted in History, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Politics, NJ legacies | 7 Comments »
Posted by Dr. ARUDOU, Debito on 10th July 2013
JBC: These Community pages have reported many times on how the National Police Agency (NPA) has manufactured the illusion of a “foreign crime wave,” depicting non-Japanese (NJ) as a threat to Japan’s public safety (see “Upping the fear factor,” Zeit Gist, Feb. 20, 2007; “Time to come clean on foreign crime,” ZG, Oct. 7, 2003; “Foreigner crime stats cover up a real cop-out,” ZG, Oct. 4, 2002, for just a few examples).
A decade ago, the NPA could make a stronger case because NJ crimes were going up. However, as we pointed out then, Japanese crimes were going up too. And, in terms of absolute numbers and proportion of population, NJ crimes were miniscule. Then bust followed boom. According to the NPA (see www.npa.go.jp/sosikihanzai/kokusaisousa/kokusai/H23_rainichi.pdf, or the images accompanying this article), “foreign crime” has fallen below 1993 levels (see H5 column, representing the year Heisei 5)! That’s why the NPA has found it increasingly difficult to maintain its claims of a foreign crime wave. So, to keep up appearances, the agency has resorted to statistical jiggery-pokery.
For example, look again at the NPA chart. The time frame has been expanded to 30 years; in previous annual reports, it covered just a decade. By stretching the parameters, the overall chart depicts a comparative rise rather than a small peak before a precipitous drop. Not accounted for, however, is the fact that the NJ population has also risen — more than doubling since 1993.
Another method of manipulation has been to focus on partial rises in certain types of NJ crime, despite the overall fall. And I bet you can guess which got more media attention. The most creative NPA rejig is arguing that NJ crime has been “stopped at a high plateau” (takadomari no jōtai) — even if that “plateau” is downward-sloping.
Every NPA argument leads to the same predictable conclusion: Further crackdowns on “foreign crime” are necessary, because NJ are importing criminality into a once-peaceful Japan. Yet neither the NPA, nor the Japanese media parroting their semiannual reports, have ever compared Japanese and NJ crime, or put them on the same chart for a sense of scale. If they had, they would see something resembling the 3-D graph that accompanies this column (courtesy of Japan Times)…
Posted in Articles & Publications, Bad Social Science, Fingerprinting, Targeting, Tracking NJ, Hate Speech and Xenophobia, Human Rights, Ironies & Hypocrisies, Japanese Government, Japanese police/Foreign crime, Media, Racist Images in Media, 日本語 | 19 Comments »
Posted by Dr. ARUDOU, Debito on 3rd July 2013
We are mere weeks away from the next Diet Upper House election (July 23, to be exact), where half the seats are up for grabs, and at this point it looks like Japan’s rightward swing will be successful and complete. According to current opinion polls (and they do matter a priori, as Japan’s voting culture rarely supports underdogs), the LDP is far and away in the lead (so far so that the opposition DPJ won’t even bother to field more than one candidate in the Tokyo constituency), meaning they will probably add the Upper House to its collection of majorities in the more-powerful Lower House as well.
With this comes the likelihood of first changes in the Postwar Constitution. Legal scholar Colin P.A. Jones of Doshisha University has already come out with articles in the Japan Times discussing the LDP’s proposed changes (see here and here). What I will do in this blog entry is scan and paste in the lecture notes (ten pages) from another legal scholar, Lawrence Repeta of Meiji University, who gave his analysis in a lecture at Temple University in Tokyo on May 23, 2013. It is less accessible than Colin’s newspaper articles but no less authoritative, so here it is, courtesy of CP (notes in the margins probably also by CP). Repeta similarly holds that we will see a shift in focus towards strengthening The State in the name of “public order”, and prioritizing the duties and obligations of the Japanese public rather than guaranteeing their rights as individuals.
In sum, we are seeing the return of Japanese as Imperial subjects rather than citizens, where rights and duties are granted from above rather than secured and guaranteed from below. This is what’s coming, folks. Be prepared.
Posted in Cultural Issue, Human Rights, Japanese Government, Japanese Politics, SITYS, 日本語 | 50 Comments »
Posted by Dr. ARUDOU, Debito on 20th June 2013
Last blog entry we talked about how the National Police Agency exaggerates and falsifies data to whip up media panic about “foreign crime”. We’ve also talked for many years on Debito.org about how the NPA has been putting out racist public notices about NJ criminals (including, in my opinion, assisting the seedier J-media to publish some examples of hate speech). Well, anonymous postermakers are now getting into the act, what with the NPA’s most recent anti-crime campaign:
The poster at right calls upon Tokyo Immigration Bureau to do something about fake international marriages, claiming they’re “rising rapidly” (kyuuzouchuu), and says (with the obligatory plural exclamation points that are characteristic of the alarmist far-right) that we cannot permit illegal foreign labor or overstayers!!
The poster at left calls for the expulsion of foreign crime (!!), with murder, mugging, arson, rape, and theft listed at 25,730 cases! (Again, no comparison with Japanese crime, which is far, far higher — especially if you look at theft.) The bottom boxes are not to me fully legible, but the blue one asks the authorities not to give up in the face of fake applications for visas, Permanent Residency, and naturalizations!
Here’s is a poster from the Kanagawa Prefectural Police site (a proud sponsor of the door-to-door neighborhood resident checks and forked-tongue friendly cops who produce racist posters). It warns people in four languages that what they’re doing is criminal activity, including forgery, “bogus marriage” (wow, the language level is getting better), “false affiliation” (gizou ninchi, meaning a J male falsely acknowledges paternity of an NJ child to get that child Japanese citizenship), and false adoption (I hope this won’t now target Japan’s Douseiaisha). Although not mentioning NJ in specific, the poster’s multilinguality means it’s meant for an international audience (Japanese, Chinese, Korean, English, and I think either Tagalog or Bahasa Indonesia).
The interesting bit is in the bottom green section, where it talks about the Hanzai Infura [illegible] Taisaku (Crime Infrastructure Countermeasures). What’s meant by “crime infura”? It’s a new enough concept to warrant an explanation from the Kanagawa Prefectural Police Site: “Infrastructure” is the things and organizations that are the basic foundation of a society, meaning roads, rails, plumbing, etc. By “Crime Infrastructure”, this is meant to be the the same thing to undergird crime, such as cellphones under false names, fake websites, false marriages, false adoptions, and false IDs. The Ibaraki Prefectural Police have a more elaborate explanation, with helpful illustrations of eight cases (five of which racialize the issue by pinning it to “foreign crime”).
Posted in Bad Social Science, Fingerprinting, Targeting, Tracking NJ, Hate Speech and Xenophobia, Human Rights, Japanese police/Foreign crime, Labor issues, Media, 日本語 | 11 Comments »
Posted by Dr. ARUDOU, Debito on 12th June 2013
JAPAN TIMES: Japan’s human rights envoy to the United Nations faced calls to quit Wednesday over a video that showed him shouting at fellow diplomats to “shut up.” YouTube footage of the incident at the [UN Committee Against Torture held 5/21-5/22] provoked a storm of criticism on the Internet, with demands that Ambassador Hideaki Ueda be recalled to Japan. Blogging Japanese lawyer Shinichiro Koike, who said he was at the session, explained that a representative from Mauritius had criticized Japan’s justice system for not allowing defense lawyers to be present during interrogations of criminal suspects…
JDG: It says so much about what is wrong with Japan, and the way Japan views both international relations and human rights (the human rights representative shouting at other diplomats?)… Of course, we must cut the guy some slack, after all, he is forced to try and uphold the tatemae that ‘Japan is a modern nation’ in a room full of people who clearly know the truth about Japan’s human rights record.
DEBITO: Well, I’m not going to cut this character any slack. Ueda is a very embedded elite. Here’s his resume at the MOFA. And he is living in the culture of constant denial of reality that Japan’s elites excel at (get this bit where he’s officially claiming in 2005 as Japan Ambassador to Australia that Japanese don’t eat whales). If I were listening to Ueda say these things on any occasion, I would laugh out loud too. The UN Committee Against Torture has commented previously (2007) on Japan’s criminal justice system, where treatment of suspects, quote, “could amount to torture”. Ueda is part of the fiction writers maintaining the GOJ’s constant lying to the UN about the state of human rights in Japan.
Consider his statement on February 24, 2010 to the ICERD regarding Japan’s progress in promoting measures against racial discrimination: Paragraph after paragraph about the Ainu (fine, but they are not the only minority in Japan covered by the ICERD), then citing a dead law proposal that failed to pass about ten years ago as some sort of progress, the absolutely useless MOJ Bureau of Human Rights, a proposal targeting a sliver of the international refugee community (who refused the hospitality anyway because they knew how unsupported it is once they get to Japan), and alleged cooperation with NGOs (which I know from personal experience is an outright lie — they are constantly ignored.) Meanwhile all sorts of things banned under the ICERD (including “Japanese Only” signs) also go completely ignored. It is, in the end, a joke.
So world, don’t shut up. Laugh aloud, laugh long. International awareness to the point of derision is the only thing that really shatters the veneer of politeness these officious elites keep taking advantage of in the diplomatic community.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Human Rights, Ironies & Hypocrisies, Japanese Government, Media, United Nations | 18 Comments »
Posted by Dr. ARUDOU, Debito on 5th June 2013
JT JBC 64: Osaka Mayor Toru Hashimoto has been busy making headlines around the world with his controversial views on Japan’s wartime sex slaves (or “comfort women,” for those who like euphemisms with their history). Among other things, he claimed there is no evidence that the Japanese government sponsored the program, and suggested these exploited women were (and still are) a “necessary” outlet for a military’s primal urges.
I will say something for this idiot’s provocative behavior: He brought this issue out for long-overdue public scrutiny. He has also presented us with a case study of how to keep people like him in check….
Posted in Articles & Publications, Bad Social Science, Gaiatsu, Hate Speech and Xenophobia, Human Rights, Ironies & Hypocrisies, Japanese Politics, Media | 8 Comments »
Posted by Dr. ARUDOU, Debito on 24th May 2013
After years of pressure on the GOJ to act like its fellow advanced societies in terms of divorce and child custody, Japan earlier this week signed the Hague Convention on Child Abductions. Good. Now, I don’t want to dismiss this development out of hand, because Japan doing this is a step in the right direction (after all, if even after this I had nothing good to say, then what would EVER count as good news on Debito.org?) But as I have argued before, I think it’s been signed because enough time has passed for caveats to be put in place — so that the home team will rarely lose a custody case in Japan (furthermore, part of the argument for signing has been that Japanese would have a stronger footing overseas to pursue custody cases in Hague signatory countries — again, benefiting the home team in either case). After all, the normalized portrayal in Japanese media of NJ as violent spouses, and Japanese as victims (particularly wives, even though they are the great minority in international marriages) has expanded Japan’s definition of “Domestic Violence” to even simple heated arguments. Fight with your J-wife anytime and lose your kids. The deck is stacked.
Let me quote one submitter: “From May 13′s Japan Times. A series of articles hammering home what will evidently be Japan’s final word on the subject, that Japanese fleeing countries abroad are doing so to protect their kids and themselves from angry, violent, abusive foreign husbands. Cue standardized quotes from proclaimed “expert on the issue” Kensuke Onuki as well as lawyer Mikiko “I was for the convention but now I see it conflicts with Japanese culture” Otani and a slew of heart-wrenching stories of Japanese wives fleeing abusive marriages (one claiming that had Japan been party to the Hague Convention at the time of her escape she would have chosen killing her child and herself than risk a return to her husband. Whether these individual stories have merit of not, it’s pure one-sided sensationalism. Where are the Murray Wood stories of wife abuse and neglect?”
And to quote another anonymous legally-trained friend: “How to address DV is an issue in all Hague countries. In addition to allegations of DV, the Japanese legislation will also allow a judge to consider whether it would be difficult for EITHER the taking parent OR the parent requesting return to raise the child in the country of origin. This sounds awfully close to a full-blown custody determination, which is sort of what courts are NOT supposed to do in Hague cases.”
As for future prospects, I shall defer to the better-informed judgment of a specialist international lawyer in this field, who wrote the following shortly before the Hague was signed:
Jeremy D. Morley: “The Japanese public is being told that even if Japan signs the Convention, “The return of a child can be denied if the parent seeking it is believed to abuse the child or have difficulties raising him or her.” Daily Yomiuri, Mar. 16, 2013. If that is the gloss that Japan intends to put on the Hague Convention – even though the Convention is expressly designed to secure the expeditious return of all abducted children except in extremely unusual cases – there is little or no point in Japan’s purported ratification of the treaty. The result of Japan’s ratification of the Convention will likely be to create the appearance of Japan’s compliance with international norms but without any of the substance.”
CONCLUSION: Same as other treaties that Japan has signed but doesn’t enforce, I think the Hague will wind up as a historical footnote as another treaty Japan chooses to ignore. When we see the highly unlikely prospect of children of international marriages abducted to Japan sent back overseas by a Japanese court (in contrast to other judiciaries that DO repatriate children, see for example here and here) then I’ll think progress has been made. But it’s pretty inconceivable to me, since child abduction happens between Japanese couples too thanks to Japan’s insane marriage system, and it’s hard to imagine foreigners suddenly being granted more rights in Japanese marriages than fellow Japanese.
Posted in Bad Social Science, Child Abductions, Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Ironies & Hypocrisies, Japanese Government, Media | 8 Comments »