XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.

Posted on April 12, 2019April 12, 2019 by Debito Arudou Ph.D.

mytest

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Hi Blog. Let me forward this first and then comment:

//////////////////////////////////////
From: XY
Subject: My experience allowing the cops to be called after refusing to show my passport at a hotel as a foreign resident of Japan
Date: March 22, 2019
To: debito@debito.org

Hello Debito,

If you like, you can publish anything I have written here that feels useful, but please don’t publish my name.

Just now I tried using your website to avoid having my passport scanned at a hotel after it escalated all the way to the police. The short story is:

1. Just don’t do it, it won’t work. It’s not worth it at all.
2. The thing they finally got me with is that the hotel can scan (yes, scan) the driver’s licenses of Japanese citizens as well. I don’t know if this place actually does it but that’s actually a fair argument in my mind.

Since this was clearly a very serious case, three officers showed up, one head guy, one lower ranking guy who watched me while the head guy was on the phone, and one lady who took the report of the lady behind the reception desk before coming to watch over me as well. We went through part of the script for the residence card thing but I decided that that was a fight for another day.

The main officer showed me where it says 日本国内に住所を持たない外国人 in the law (actually the exact text of the law uses 有しない, I copied that from the MHLW website), and then I pointed out the obvious problem with that: I have an address in Japan. He said that the hotel had a right to refuse me if I didn’t identify myself.

I showed him the three reasons that hotels can refuse service. He tried to make an argument that it fell under the “public morals” part of clause 2, but when I pressed him on that even he agreed that it was a stretch. He went and talked on the phone for a while, but not before talking about searching my possessions, which I said was no problem. When he came back, he had written down the name of a certain law, which I’m sorry I don’t remember the name of, but it apparently allows hotels to scan IDs of its customers.

I gave up at that point, and my possessions were never searched. I gave my passport to be scanned and apologized to the police and apologized more profusely to the receptionist.

I have the feeling that if the cops that showed up were less nice, they would have found some reason to take me to the station. So I’m currently feeling very lucky. I won’t roll the dice again.

Thanks for standing up for foreigner’s rights in Japan. I did it because as a white dual citizen exchange student at a prestigious university, I have a higher standing in society than a Filipino migrant worker out in the countryside.

Sincerely, XY
///////////////////////////////

COMMENT: At the risk of appearing like I’m rubbing salt in a wound, it’s a pity that Submitter XY didn’t get the name of the law the cop cited. Prepare for the next round of counterarguments for NJ Residents to use at check-in.

But the point still stands: When it comes to dealing with hotel check-ins, Japan’s police have been bending the law (if not simply making it up) for well over a decade. As recently reported on Debito.org (moreover reported to me off list by a NJ AirBnB owner friend), they’re also doing it now with AirBnBs allegedly under the new Minpaku Law. Yet the cop above was, according to XY, clearly making the case that the hotel had the legal right to refuse service someone who didn’t show ID, which is simply not true under the law. The law: If you have an address in Japan, you don’t have to show ID, regardless of citizenship.

As Submitter XY would probably argue, the issue is now whether or not you are willing to stare down the police at the risk of being detained. (Under Japan’s system of arbitrary arrest and “hostage justice” brought to light by the Carlos Ghosn Case, no less.) I would. But it’s not for everyone, so be advised from XY’s experience what the stakes may be.

With the 2020 Tokyo Olympics around the corner (and the reflexive fearmongering that Japan’s officialdom reflexively does before they invite foreigners in for a visit), it’s clear Japan’s law enforcement and hosteling industry are amping up the enforcement regardless of the unlawfulness. They are now on a mission to racially profile all tourists, especially those who “look” like tourists. And this is how racism becomes further embedded. Debito Arudou PhD

==============================
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Senaiho Update 2: School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back.

Posted on April 4, 2019April 4, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. Here’s a second update from “Senaiho”, who has given Debito.org important updates (previous ones here and here) about overzealous enforcers of school rules in Japan’s compulsory education system acting as what Debito.org has long called “the Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life. (As discussed at length in book “Embedded Racism“, pg. 154-5.) As reported on Debito.org at the beginning of this year, after months of playing by the rules established by the local Board of Education, Senaiho finally lodged a formal criminal complaint against his daughter’s school officials, and it’s smoking out hidden documents.

The update is that The BOE is simply engaging in obfuscation and coverup. After attracting some (domestic) press attention (which didn’t itself cover the racial-discrimination aspect of this happening to a child of international background, for having the wrong natural hair color/texture), the local government has decided (as you can see below) to investigate not the case (to prevent something like this from ever happening again to another student), but rather how not to get sued. Official transcripts are also indicating testimonies grounded in rumor, not fact, without direct input from the victimized family. And for good measure, we now have the time-worn bureaucratic tactic of smothering claimants with documents to consume all their free time. All while Senaiho is attempting to take this out of local lackluster investigative hands and into criminal court, by filing a criminal complaint.

The interesting news is that according to a recent article in Japan Today (full text after Senaiho’s dispatches) is that forcible hair cutting like this is seen as (generally distasteful) corporal punishment (taibatsu) elsewhere (in conservative Yamaguchi Prefecture of all places, home constituency of PM Abe). In that case, apologies were forced by the students, top-down pressure put on the teacher to reform, and the teacher being relieved of some of his duties. Let’s keep an eye on Senaiho’s case, for if his criminal complaint succeeds, it will be a template for others on how to take cases of abusive teachers out of the hands of evasive, “see-no-evil” Boards of Education, and protect diverse children from the cookie-cutter conformity of Japan’s JHSs and SHSs. Debito Arudou Ph.D.

/////////////////////////////////////////
From: Senaiho
Subject: officials meeting transcripts
Date: March 25, 2019
To: Debito Arudou <debito@debito.org>
Hello Debito,

On the way to the prosecutors office yesterday we picked up a copy of all the documents the city office has concerning us. We made the disclosure request about a month ago. We have gone over most of it and I can report to you and your readers about the contents.

I have to begin by saying that we are only allowed to see documents that relate to us directly, so in the picture I sent, you can see we have the minutes of meetings between elected officials and heads of departments and their staff. Everything that does not relate to us is redacted, however if you hold the copies under a strong light, it is readable. I won t dwell on any of that for now. What I can say without a scientific survey, is that about 90% of the discussion about us in these meetings discussed how to avoid being sued. There was never anything discussed about how to make things right, or how to do anything properly, it was all a discussion on how to avoid, confuse, delay, and obfuscate. There was a small discussion on who might be personally responsible if a suit occurred, and the impression I got was they were all out to minimize their own personal responsibility by shifting the blame to some other department or person other than themselves. There was some discussion on the effect of the mass media, again trying to strategize a way to make themselves look better in some light. The remainder of the discussion was about a rumor some official had heard from someone in our neighborhood that we requested the teacher to cut our daughter’s hair and that we were in fact glad that they cut it. How ludicrous! We now know who the source of this non fact is.

Since some of these comments were made by elected officials, we have the right to demand clarification from these officials on the exact meaning of some of their statements which we will soon do.

So anyone who has ever wondered what these well paid officials do with some of their employed hours, now you know. Senaiho

/////////////////////////////////////////
From: Senaiho
Subject: council meeting transcripts
Date: March 27, 2019
To: Debito Arudou <debito@debito.org>

Hello Debito,
We got another major data dump from the city office yesterday and are trying to sort through that now so have several balls to juggle. I think this might be a little difficult for your readers to grasp, so I will try to explain what these meeting transcripts are about and the issues we have with it.

1. There is an elected official on the town council by the name of Takei Toshihisa, you can find his name in the documents. He states several times in meetings that he has heard a “rumor” that he keeps repeating that my wife gave permission to the teacher and in fact asked her to cut our daughters hair. This is an outright lie. At first they tried the narrative that my daughter gave permission to the teacher to cut her hair, but now they are trying to make my wife the trouble maker by supposedly asking the teacher to cut our daughters hair. This is the tactic of shifting the blame from the perpetrator, i.e. the teacher and trying to place the focus of the cause of the trouble onto the victims, or in other words blame the victim for the accident. This was the strategy from the beginning by the B. of E. and the town council member is just following that line.

2. This town council member also tries to change the language of the incident and insists on downgrading the title of it from a “school accident” to something less serious, like “school incident”. By doing this he thinks it will lessen the seriousness and their liability in case they are sued. Just calling something by what it is not, will make it go away or lessen the impact of it. Here he shows that he has no understanding of what his job is as a member of the town council. Their job is oversight of the functions of the city government. When the B. of E. was not doing their jobs and following the law we petitioned the town council to oversee them and make them do it. You can see by these transcripts they are in fact not doing it.

3. Its not in these transcripts, but another member of the town council who happens to support our cause told us that she heard from this Takei san regarding us as people; “These people are a problem.” I suppose he has some deep seated hatred of mixed marriages and their offspring residing in “his” town. We plan on filing a complaint petition about what he says and the job he is doing which is our right as a citizen. I hope more people will do the same in their area.

If our case is taken up by the prosecutor it will be because of the fact that we have mountains of evidence showing what we claim. As you may know most cases get dismissed because of a lack of evidence. We started collecting it from the day we suspected our daughter was being bullied. We have recordings, pictures, statements from witnesses, documents, many bytes of stuff all on google drive. Without it we would be nowhere today. I cant stress this enough. Senaiho
/////////////////////////////////////////

Japan Today article:

High school teacher in hot water after forcibly giving male student a buzz cut
Apr. 4, 2019, courtesy of JDG
By Koh Ruide, SoraNews24 TOKYO
https://japantoday.com/category/national/high-school-teacher-in-hot-water-after-forcibly-giving-male-student-a-buzz-cut#comments

Not too long ago, teachers from a Japanese school made media headlines when they went to the extreme of cutting off 44 students’ hair for not meeting the dress code. And it appears a similar incident has happened again, this time in Kudamatsu Technical High School in Yamaguchi Prefecture.

In late autumn last year, a male teacher in his forties allegedly grabbed an electric hair clipper and gave one of his first-year male students a buzz cut, causing the boy take a leave of absence from school shortly after.

When approached by the principal in December, the teacher claimed he did it because his hair was too long.

But it seemed the problem ran deeper, as the educator had often hurled verbal abuse at his homeroom class, calling them “morons”, “idiots” and “stupid”, earning him a stern reprimand from the principal. When classes resumed in January after the New Year holidays, the teacher’s personality had apparently changed for the better, an improvement the principal thought not important to warrant reporting to the local Board of Education.

But all 40 pupils of that class and their parents had not forgotten that the educator forcibly cut someone’s hair, and furiously launched a petition to the board in February this year calling for his disciplinary dismissal.

In an effort to appease them, a meeting between school, Board of Education, students and parents was held on March 15, where the teacher officially apologized for his mistakes.

“Forcibly cutting students’ hair amounts to corporal punishment,” a board spokesman said firmly.

The educator’s role has now been shifted from homeroom teacher to assistant teacher, away from tasks that involve student-teacher interactions. “The current situation is still under investigation, and we will consider the feelings of the parents and students with regards to the teacher’s future,” said the principal.

“I deeply regret that it has come to this. I failed to report to the Board of Education because I thought the issue was solved with the teacher correcting his behavior, but I should have done so,” the principal apologized.

Source: Nikkan Sports via My Game News Flash

ENDS
/////////////////////////////////////////

Nikkan Sports original article, courtesy of AnonymousOG：

教諭が生徒の髪を丸刈り　保護者らが懲戒免職を嘆願
[2019年3月25日　日刊スポーツ]
https://www.nikkansports.com/general/nikkan/news/201903250000810.html

山口県立下松工業高の40代の男性教諭が昨年秋、担任するクラスの1年生の男子生徒の髪が長いからとバリカンで頭を丸刈りにした上、「病院に行け」などと乱暴な言動をしたことに端を発し、クラスの生徒40人全員と保護者が2月、同県教育委員会に同教諭を懲戒免職にするよう嘆願書を出していたことが25日、分かった。同校は嘆願書を提出されるまで、教育委員会に事態を報告していなかった。

男性教諭は18年秋、当該男子生徒の頭をバリカンで丸刈りにした上「病院に行け」などと言い、その後、生徒は同12月に学校を休んだという。高橋等校長（57）は、日刊スポーツの取材に「バリカンで生徒の髪を切ったのは事実。教諭からも『髪が長いから切りました』と報告があった」と認めた。その上で「生徒が休んだ理由の1つに（バリカンで髪を切ったことが）あるかもしれない」と語った。

県教委の関係者も、嘆願書が提出された事実を認めた上で「一般論として、了承を得ずに髪を無理矢理切ったなら体罰」と言及した。それを受け、高橋校長は「なぜ切ったかは現状はっきりしておらず、県教委が生徒にヒアリングを行っています」と、当該教諭が生徒の了承を得て髪を切ったか否かは調査中だとした。

当該教諭には、以前から生徒に「ボケ」「アホ」「バカ」などと乱暴な言動を浴びせるという情報が学校に寄せられていたという。そのため、高橋校長は18年12月に当該教諭に対し「事実か分からないが、もし子どもたちにそういうことを言っているなら改めなければならない。（クラス）全体がいる中で『病院に行け』などという言葉はいけない」などと指導したという。

その後、今年1月に入り、同教諭の生徒指導が「人が変わったくらい」（同校長）改善されたように見えたため、教育委員会へ一連の事態について報告しなかったが、2月に嘆願書が出された。学校側は15日に教育委員会同席の上で生徒、保護者と分けて説明会を行い、教諭は謝罪したという。高橋校長は「子どもたちにとって12月までの言動、考えが変わったのだろうか？　と疑問があったのでは」と説明した。

同教諭は嘆願書の提出後に担任を外れ、生徒に関わらない業務をしており、ホームルームなどは副担任が対応しているという。高橋校長は、同教諭を来年度、担任から外すことを検討していることを明かし「今の状況だと難しいと判断している。生徒、保護者の気持ちを踏まえて配慮する」と説明した。

その上で「学校が、こういう状況になっていること自体、大変申し訳ない。私が見て（教諭の生徒指導が）変わったと思い、県教委に報告しなかったが、昨年12月の段階で報告すべきだった」と謝罪した。
ENDS

==================================
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Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.

Posted on March 18, 2019March 18, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. My old friend Fox in Japan writes in with a tale of being, as he puts it, “interrogated” at the bank for trying to send $500 overseas while foreign. And if you think the claim “while foreign” is a bit of an exaggeration, Debito.org has numerous records of racial profiling by Japanese banks for sending or receiving funds (or exchanging money) of even minuscule amounts (such as 500 yen).

New regulations, however, require a “risk-based approach” (which is, according to the Nikkei, recommended but not required), meaning the scale of “risk” depends on how much money the sender/receiver has in that bank. Or as the Nikkei puts it, “Consider a customer with a direct payroll deposit of 300,000 yen ($2,660) a month who receives 200 million yen from an overseas bank. The government would require that the bank not only follow up confirming the identity of the person withdrawing the funds, but also check the deposit history and what the cash will be used for.” Meaning that this is no longer a matter of transfer amount — i.e., a large transfer of 5,000,000 yen (later 2,000,000 yen) used to raise flags while smaller transfers didn’t. (Japan’s FSA Guidelines of 2018 mention no money amount whatsoever.)

The problem now becomes, without an objective minimum transfer amount to be flagged, that any “foreigner” can be arbitrarily deemed “risky” at any time simply by dint. It encourages racial profiling even further, in addition to what you already have at Japan’s hotels and other public accommodation, police instant ID checkpoints, and tax agencies. (See here too). More Embedded Racism. Debito Arudou Ph.D.

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

Interrogation at the Bank
By Fox in Japan, March 14, 2019

Dropped into Sumitomo Prestia in Kobe to send a telegraphic transfer to a friend in Africa. Completed the form two days ago, but the IBAN number was incorrect. Brought the corrected form in today. Under the category of “purpose,” I have written in “education fees.” The amount is $500. The following dialogue ensued. We are speaking in Japanese.

T= teller
M=me

T: So this if for “gakuhi” (tuition)?
M: Yes.
T: And who is the person receiving the transfer?
M: A friend.
T: Is this money for your own child’s education expenses?
M: No.
T: Who is it for?
M: My friend’s child.

The bank teller’s face becomes pained. This the stereotypical expression indicating that a request will be rejected. My blood slowly starts to boil.

T: Have you ever sent money to this person before?
M: Yes, during the days of Citibank.

(Note: Prestia took over Citibank some years ago).

T: Well, things have changed since then.

M: Is that right?

T: Hmm, so you are not sending this for your own child?
M: No.

T: Well, what is your relationship with this person.
M: He is a friend.

(More pained looks)

T: So, you are sending this to someone you know?

M: Yes, that’s what I just told you.

T: Is this a gift?
M: It might be.

T: Well, is it, or is it not?

M: What is the purpose of the question?

T: We have strict rules now about money being sent overseas.

M: Look, this is only $500, not five hundred man ($45,000). Listen. (My voice rises to crescendo, and the bank is extraordinarily quiet.) I was in your Osaka branch two days ago and they did not ask me any of these questions.

T: They didn’t?

M: No. I am not going to answer any more questions. Please call the branch manager!

A woman who has overheard this heated exchange conversation sneaks out of the office and the two begin to chat.

T: Please be seated.

The women exchange words and the original teller is on the phone.

Some ten minutes later, I am called back to the counter.

T: We just phoned the Osaka branch and they admit that they did not question the purpose of the transaction.

M: Is that right? (Ah soo desu ka)

T: The branch in Osaka said that you looked up some information on your computer when at the counter.

M: Uh-huh.

T: Well, we have very stringent rules now. If it is not for your own child, then….do you have an invoice “seikyusho” for the school expenses?

M: I certainly do not.

T: For your own children, sending money is OK, but for other’s children, it is …

M: Should I change the purpose to “living expenses then?”

(Note- I have frequently sent money overseas for this purpose-without any hassle.)

The teller looks bewildered.

T: Is it for living expenses, you said it was for educational expenses.

M: Yeah, that’s right.
~~~~~~~~~~~~~~~~~~~

In the end I succeeded and the money was sent.

I looked around at other customers in the bank, all Japanese, all of whom look very sunao. I wonder how they would react to the teller’s questions? Would they just say “shigata ga nai,” and walk away? And then forget that a bright young promising social science student in Malawi will soon be tossed out of college?

On the other hand, who knows if Japanese countrymen are even being interrogated like this? Has a directive been issued to hassle foreigners-all of whom are likely prone to money laundering?

But in fact, harassment it is. Financial transactions, both local and international, are regulated by strict laws. Not policies, but laws. My transaction was completed, and this means that it was perfectly legal. Apparently, Prestia has a policy of harassing customers (certainly foreign customers) who wish to send even even low amounts of money overseas.

Are all foreign clients of the bank potential money launderers? I urge all good people to stand up and question authority.

Sincerely, Fox in Japan

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

The referenced Nikkei articles, for the record:

BANKING & FINANCE
Japan to strengthen money-laundering guidelines
Banks adopting a risk-based approach to flag suspicious actions
NIKKEI ASIAN REVIEW, DECEMBER 08, 2017
https://asia.nikkei.com/Business/Banking-Finance/Japan-to-strengthen-money-laundering-guidelines

TOKYO — Japan will issue new guidelines against money laundering in an effort to prevent funds from getting into the hands of terrorist and criminal organizations and to shake its reputation as weak on dirty money.

The Financial Services Agency is expected to announce the rules soon and implement them as early as January. Currently, Japan’s law preventing the transfer of criminal proceeds only says that suspicious transactions should be reported to authorities after the fact. Risk-based approaches are recommended but not required.

But the agency will now demand that financial institutions use a risk-based approach. Consider a customer with a direct payroll deposit of 300,000 yen ($2,660) a month who receives 200 million yen from an overseas bank. The government would require that the bank not only follow up confirming the identity of the person withdrawing the funds, but also check the deposit history and what the cash will be used for.

Although it is difficult to tell whether an account is related to criminal activity when first opened, this proactive approach identifies high-risk transactions early so that they can be continuously monitored.

The agency will verify that financial institutions are following the guidelines through questioning and on-site inspections. It will also order operational improvements to be made if it catches lax compliance that could invite money laundering.

The Financial Action Task Force, an intergovernmental body that combats money laundering, plans to examine Japan’s financial sector in 2019, the year before the Tokyo Olympics. Public and private institutions are cooperating to strengthen their prevention systems.
ENDS

////////////////////////////////////
ECONOMY
Japan’s FSA beefs up anti-money laundering measures
Financial regulator highlights steps taken ahead of visit by international watchdog
TAKERO MINAMI, Nikkei staff writer
NIKKEI ASIAN REVIEW, SEPTEMBER 28, 2018
https://asia.nikkei.com/Economy/Japan-s-FSA-beefs-up-anti-money-laundering-measures

TOKYO — The Financial Services Agency has made anti-money laundering measures a top priority in its annual policy report as it braces for inspections by an intergovernmental watchdog next spring.

The latest guidelines, which outline steps the regulator is taking over the next 12 months, highlight measures against money laundering and terrorism funding, including on-site inspections of financial institutions.

The Financial Action Task Force has previously criticized Japan for insufficient legal safeguards against money laundering. The government hopes to clean up its tarnished image, particularly as it will host the Group of 20 summit next year.

Financial authorities around the world are taking steps to prevent countries under United Nations sanctions, such as North Korea, from conducting prohibited transactions. Japan wants to avoid becoming a target for international criticism again.

The report urges financial institutions to take steps to halt money laundering, requiring them to identify and analyze the risks associated with certain types of transactions, such as the stated purpose of cross-border cash transfers, customer attributes and countries of origin or destination.

In February, the FSA issued anti-money laundering guidelines and directed smaller financial institutions such as regional banks and shinkin banks to conduct emergency inspections. To close the loopholes on overseas remittances, the policy requires institutions to come up with plans to train staff.

“Our inspections have shown that many financial institutions still fall short of requirements,” said an FSA official. “Stopgap measures will not be enough, and regional banks should put anti-money laundering measures at the top of their agenda,” said another senior FSA official.

Japan is not the only country to have run into problems over money laundering. Danske Bank, Denmark’s largest bank, faces allegations that its Estonian unit illegally remitted as much as $230 billion, forcing CEO Thomas Borgen to resign.
ENDS

=======================================
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“Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

Posted on March 6, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. Debito.org Reader XY sends the following message:

/////////////////////////////////////////////
From: XY
Subject: Racist Izakaya Bill?
Date: January 6, 2019
To: debito@debito.org

Hello Debito,

Happy New Year and thank you so much for all that you do for our community here in Japan.

A friend of mine found this on a message board:

I haven’t been able to do a proper identification of authorship and all that comes with that. I understand proper evaluation of sources is, more than ever, really important. However, I don’t have that.

Anyway, I have the bill (if it hasn’t been doctored), and the post from the message board.

My Japanese is nowhere near good enough to do the proper investigation of this. But I know that this sort of thing would be big news, (if we weren’t living in Japan).

Please have a look if you get a chance. You are pretty much my last resort here as I don’t have the skills to properly investigate. We passed it through the usual channels, JET boards, etc. People are pretty conflicted. I think the restaurant should get a chance to respond. Maybe this type of thing is probably normalized anyway and maybe I am just overreacting. It’s interesting to me that this was a systemic choice, not the work of a single employee (often the case in the States).

Sincerely, XY
/////////////////////////////////////////////

From: Debito Arudou
Subject: Re: Racist Izakaya Bill?
Date: January 29, 2019
To: XY

Hi XY. Thanks for your email. I finally got around to talking to the Izakaya (06-6646-4888) on January 30, 2019, at around 2PM. The person in charge (a Mr. Tada) said that this was not an addition to the bill for NJ customers. The charge for appetizers there listed is the same for Japanese and NJ. It’s just their way of letting their records know that there was a foreign customer. That’s what he said. Anyway, FYI.

Sincerely, Debito
/////////////////////////////////////////////

From: XY
Subject: Re: Racist Izakaya Bill?
Date: January 30, 2019
To: Debito Arudou

Thank you very much for getting back to me! It’s great that you called to confirm this with them given the weirdness of the whole situation and wording.

At the very least, this puts it on their radar and they will think twice about their “record keeping” practices. A few of my friends were curious about this and I’ll be sure to let them know the result and that you were on the case!

Thanks again so much!!

Sincerely, XY

MC on new Minpaku Law and NJ check-ins: Govt. telling AirBnB hostels that “foreign guests” must have passports photocopied etc. Yet not in actual text of the Minpaku Law. Or any law.

Posted on February 23, 2019February 24, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. It seems the GOJ is up to its old tricks: Reinterpreting the law to pick on “foreigners” again. This was seen previously on Debito.org to encourage racial profiling at hotel check-ins, and now with the new Minpaku Law affecting AirBnB-style private homes opened for public accommodation (minshuku), it’s more of the same. Read on from Debito.org Reader MC:

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

From: MC
Subject: An experience with the new minpaku law that might interest your readers
Date: February 11, 2019
To: debito@debito.org

Hi Debito,

This might interest you and your readers. Feel free to post it if you think it might be appropriate. Sorry for the length, but it’s a bit of a complicated story.

I had an experience recently that raises a new aspect of the recurrent hotel registration problems that some people have. I have to admit I’ve rarely had problems at Japanese hotels, and on the few occasions I’ve been asked for ID, my polite refusal (aided by Debito’s very useful legal information -thanks Debito) has always been accepted. However the recent experience was a little different.

I was catching an early flight from Kansai, too early for the trains from home, so I decided to stay the previous night at a minpaku close to the airport, PLUS 9 Station Inn in Izumi Otsu, booked through booking dot com. They emailed information before check-in, among which they said “This is a staff-less guest house. You have to get your key at the accommodation and check in yourself.” No problem. The instructions for getting the key were clear. A later email, though, told me that there was an ipad in reception, and could we please scan and send copies of our passports, or in the case of Japanese people, driving licences (no mention of resident foreigners). Obviously realising that not everyone carries a driving licence, they asked for people without photo ID to photograph themselves on the iPad and upload the photo.

It was close to our departure day, and not having time to argue and possibly be asked to find somewhere else, I decided to simply ignore this. Arriving there, we retrieved the key from the key box, and stay went fine, with no contact from the company to ask why we hadn’t checked in through the iPad.

Afterwards I wrote to them with an explanation of the problematic nature of their system in regards to Non-Japanese customers. I also put a similar comment on their booking dot com page. First, they had no right to ask for photographs of anyone, resident or not, Japanese or not. The idea of requiring guests to upload a scan of a driving licence or passport, or even just a face shot, is just asking for identity theft, and is certainly illegal.

I explained the law on this as follows: “The Japan Hotel Laws are quite clear on this: If the guest is NOT a resident of Japan you DO have the right to ask for a passport number (not a copy of the passport). But if the guest IS a resident of Japan, on the other hand, whatever the nationality, they have no responsibility to provide any kind of copy of an official document or any photograph. It’s a gross invasion of privacy.”

They replied, saying that the new Minpaku Law of 2018 allowed for online check-in, and required photographic ID. The former is true, but I didn’t think the latter was. However, I checked out the wording at the Minpaku system portal on the MLIT (Ministry of Land, Infrastructure, Transport and Tourism) site, and it looks to me as though there is some cause for worry.

I’m not sure whether these pages quote the actual law, or whether they are simply guidance for owners regarding the effects of the law. The main MLIT portal site is here: http://www.mlit.go.jp/kankocho/minpaku/business/host/responsibility01.html
(The page links to an English translation, but only of part of this section.)

[Ed: For the record, the MLIT portal page is a reinterpretation of the legal writ in plain language. For example, one of the main subject headers from MLIT is（１）本人確認の方法, or “Method for Confirming Identity”. Yet nowhere in the actual text of the law did I find the word “本人確認”. To check for yourself, here’s the actual text of the Minpaku Law in Japanese, word-searchable here online and here as a .txt file.]

Section 4 of the MLIT reinterpreted version deals with the requirement on minpaku owners to keep a register and to be able to provide it to the police on request. There’s no ambiguity in the first paragraph. Owners have to keep a record of the name, address, occupation and dates of stay for all guests. If the guests do not have a Japanese address, the owner also needs to record the nationality and passport number. All good so far.

Part (1) of this section, though, is a bit more worrying. First (A and B) it says that a photograph of the guest’s face or passport should be clearly confirmed to be accurate, and that this photograph should be identifiable as having been taken at or close to the premises. It suggests that a video phone or tablet in the minshuku could be used for this. There’s no mention here of Japan residency. Or of what sort of ID would be suitable for ALL guests (not just foreign guests), since not all guests carry passports.

上記の措置は、対面又は対面と同等の手段として以下のいずれも満たすICT（情報通信技術）を活用した方法等により行われる必要があります。
Ａ　宿泊者の顔及び旅券が画像により鮮明に確認できること。
Ｂ　当該画像が住宅宿泊事業者や住宅宿泊管理業者の営業所等、届出住宅内又は届出住宅の近傍から発信されていることが確認できること。

Then (Part (1), 2) is where it seems to require, or at least suggest, photographing the passports of non-resident foreigners. (Here it does specifically mention residence.) It even suggests that this photograph can be submitted as an alternative to filling in the guest register columns relating to nationality and passport number. (Part (1), 3) says that in cases where the guest refuses to provide a copy of their passport, they should be told that this is a government requirement, and if they still refuse it is possible that they do not have the passport on them, and therefore the police should be informed.

住宅宿泊事業者等は以下の内容に従って本人確認を行う必要があります。
１　宿泊者に対し、宿泊者名簿への正確な記載を働きかけること。
２　日本国内に住所を有しない外国人宿泊者に関しては、宿泊者名簿の国籍及び旅券番号欄への記載を徹底し、旅券の呈示を求めるとともに、旅券の写しを宿泊者名簿とともに保存すること。なお、旅券の写しの保存により、当該宿泊者に関する宿泊者名簿の氏名、国籍及び旅券番号の欄への記載を代替することもできます。
３　営業者の求めにも関わらず、当該宿泊者が旅券の呈示を拒否する場合は、当該措置が国の指導によるものであることを説明して呈示を求め、さらに拒否する場合には、当該宿泊者は旅券不携帯の可能性があるものとして、最寄りの警察署に連絡する等適切な対応を行うこと。

[Ed: Which means that if a NJ resident of Japan (who is not required to carry a passport; that’s why Gaijin Cards exist) shows up without a passport, under these directives he’s likely to have the cops called on him by careless or overzealous clerks. And as the Carlos Ghosn Case shows quite plainly, you do not want to be detained for questioning by the Japanese police.

[Moreover, after doing a word search of the actual text of the law, I CANNOT find the word 本人確認, or the words passport パスポート/旅券 or even photo/image 写真/画像. What section of the Minpaku Law (or of any law — the Japanese police have lied about the nonexistent photocopying requirement before) is the MLIT-reinterpreted version referring to?]

MLIT’s official English translation of the law is:

Private lodging business operators need to verify identity according to the following contents:
1. Keep an accurate record of guests on the guest list.
2. For foreign guests who do not have an address in Japan, accurately record the name, nationality and passport number in the appropriate column for each guest, request that each guest present their passport and save copies of each passport together with the guest list. By saving a copy of the passport, you can accurately record the name, nationality and passport number on the guest list.
3. If a foreign guest who does not have an address in Japan refuses to present their passport despite the request of the private lodging business operator, explain that the measures are based on national government regulations. If the guest continues to refuse, and there is the possibility that the guest is not carrying a passport, take the appropriate action such as contacting the nearest police station.

More worryingly, there is a link from this page to a model of a guest register. It’s here: http://www.mlit.go.jp/kankocho/minpaku/business/system/regular_report.html

The model has a list of categories that need to be filled in: name, date etc. The last two are ‘nationality’ and ‘passport number’. Under ‘passport number’, it clearly says “If the nationality is other than Japanese, passport number must be entered.” There’s nothing, though to say a) that Japanese nationality does not need to be recorded, and b) that neither does nationality for foreigners with Japanese addresses.

[Ed: As MC notes, this is misleading. In the opening part of Section 4 of the MLIT-reinterpreted version, it says, as is proper, that “lodgers that are foreigners without addresses in Japan need to give nationality and passport number”: 宿泊者が国内に住所を有しない外国人であるときは、その国籍及び旅券番号. So why is this not continuously pointed out in this section? Again, as before, this encourages racial profiling of all guests who look “foreign”.]

So there are several inconsistencies here. On the one hand the guidance (if that’s what it is) confirms the requirement of the hotel law to date, namely that passport numbers (not copies) are required from non-resident foreigners, and only from them. On the other hand since they clearly want to allow for places to operate without any check-in staff, the distinction between providing a passport number and providing a copy of the passport, and the distinction between resident and non-resident gets blurred, and it’s easy to see how owners trying to keep up with this legislation will not be too conscientious about it.

I haven’t yet replied to the minshuku about this. I’d appreciate any advice, or any information anyone has about the new law, that I might have missed or misinterpreted.

Sincerely, MC

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

COMMENT: Interestingly enough, and on the plus side, there’s a special section in the Minpaku Law that specifically says that minpaku accommodations must aim for the comfort and convenience of “foreign tourists”. Clearly, none of these damned refusals of NJ reservations on the grounds of “we only have futons, not Western-style beds” or “we don’t speak any foreign languages” (as has happened to me on various occasions, even when I’m speaking Japanese).

（外国人観光旅客である宿泊者の快適性及び利便性の確保）

第七条　住宅宿泊事業者は、外国人観光旅客である宿泊者に対し、届出住宅の設備の使用方法に関する外国語を用いた案内、移動のための交通手段に関する外国語を用いた情報提供その他の外国人観光旅客である宿泊者の快適性及び利便性の確保を図るために必要な措置であって国土交通省令で定める者を講じなければならない。

Now, on the MLIT plain-language site, this is reinterpreted more clearly as follows:

住宅宿泊事業者は、外国人観光旅客である宿泊者の快適性及び利便性の確保を図るために必要な措置として、以下のことを宿泊者に対して講じる必要があります。
（１）外国語を用いて、届出住宅の設備の使用方法に関する案内をすること
（２）外国語を用いて、移動のための交通手段に関する情報を提供すること
（３）外国語を用いて、火災、地震その他の災害が発生した場合における通報連絡先に関する案内をすること
（４）外国人観光旅客である宿泊者の快適性及び利便性の確保を図るために必要な措置

Boldface added to item (3) because it includes information from a different clause (such as the one just before it on disaster information):

第六条　住宅宿泊事業者は、届出住宅について、非常用照明器具の設置、避難経路の表示その他の火災その他の災害が発生した場合における宿泊者の安全の確保を図るために必要な措置であって国土交通省令で定めるものを講じなければならない。

which says nothing about rendering it in a foreign language. Commonsensibly, this would be nice to do. But portraying translation as something required by law is another stretch.

So this seems to be a freewheeling interpretation of the law being made by MLIT (as keeps happening by Japanese officialdom, particularly the Japanese police, over-interpreting the law for their convenience to target foreigners). Again, I’m not sure where MLIT is getting the bit about passport numbers (and by extension and hotel interpretation, passport copies and mugshots).

But where is this going? Towards more rigmarole, policing, and official harassment of NJ-resident customers who just want to get a berth for the night. And I have been hearing (thanks SC) of other Japan-lifers now finding it harder to check-in while foreign.

Bottom line: The new Minpaku Law hasn’t fundamentally changed anything in regards to NJ resident customers. You are still not required to show ID, passport, or photo if you have an address in Japan. Debito Arudou Ph.D.

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UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint

Posted on February 11, 2019February 11, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. What follows is an update about Senaiho’s case, i.e., overzealous enforcers of school rules in Japan’s compulsory education system acting as what Debito.org has long called “the Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life. (As discussed at length in book “Embedded Racism“, pg. 154-5.) As reported on Debito.org last month, after months of playing by the rules established by the local Board of Education, Senaiho finally lodged a formal criminal complaint against his daughter’s school officials, and it’s smoking out hidden documents. This blog entry is an update to the case, where he has managed to uncover just how stacked the system is against him, and why he was entirely correct to pursue this issue through criminal, not Board of Education, channels.

This is one of the worst-kept secrets about Japan — its underdeveloped civil society generally leaves the government to do everything, and the cosy relations between government officials means a lack of independent investigation and oversight. Coverup becomes Standard Operating Procedure. Hence “kusai mono ni futa o suru” (“put a lid on that which stinks” — instead of actually cleaning it up) isn’t a bellyaching grumble — it’s a PROVERB in Japan.

Your kid having trouble in Japanese school? Keep an eye on this case and learn a few alternative avenues for recourse. Debito Arudou Ph.D.

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

From: Senaiho
Subject: Yamanashi hair police special report
Date: February 10, 2019
To: Debito Arudou <debito@debito.org>

Hello Debito,
Things have developed much sooner than I expected. I am including by attachment my report and a picture of the identities of the special third party investigation committee. As I write this we are communicating with several newspapers and news services regarding it. I wanted to get this to you asap. Please use freely as you see fit. Sincerely, Senaiho

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

UPDATE: Japan Hair Police in Yamanashi

The identities of the Special Third Party Investigation Committee are revealed as stacked against us
Special Report for Debito.org by Senaiho, February 10, 2019
Original report at http://www.debito.org/?p=15489

On the evening of 2/9/2019 we received from our Ombudsman the identities of the special investigation committee set up by the Yamanashi city board of education. While we are still looking into the backgrounds of these four people, right off the bat we can make several assumptions. I don’t want to repeat what I have already stated in our previous post here on Debito.org, but I need to go into a little background to make it easier for the reader to follow.

In January of 2018 with the help of our Ombudsman and several others, we circulated a petition, and on March 27, 2018, we along with our lawyer presented to the Yamanashi board of education our petition, along with 1500 or so signatures, asking them to do an internal investigation into the case of our daughter’s bullying and hair cutting by the teachers which caused her to be so traumatized that she dropped out of school for the next two years. Up to this point we had been hoping and tried to go the most civil route possible in order to minimize relationships within our community and the school. We put good faith in the public servants of the board of education to do what was right for us and our daughter and on behalf of other bullied and truant children in our town. The board of education agreed to do an investigation and make the results of it known to us. We left this meeting feeling satisfied that things may work out for the better, and we put our trust in them. How wrong we were.

Here is the name list of the special third party investigation committee hired and set up by the board of education:

I will go down the list and just refer to them as #1, #2, etc. Their names and job titles are all there in open view. Keep in mind, they could have chosen any four people in the country as an impartial third party investigation committee, but they chose these four people:

#1 is a lawyer. It just so happens that this lawyers office is located DIRECTLY in front of our lawyers office. They can wave to each other from their office windows. They know each other professionally and informally, run into each other in the courthouse all the time. Lawyers in Yamanashi are a close knit group and work hard to not step on each others toes. Do you suppose the board of education chose this lawyer to intimidate our lawyer? No wonder our lawyer became so hesitant to assist us after this committee was formed. We since have hired another lawyer.

#2 is the boss at the counseling center where my daughter has spent many, many hours, receiving counseling and treatment and help in dealing with the trauma of her experiences. He is not her personal counselor, but as this person s boss he would have access to very private and personal information given by our daughter in the course of her treatment. He would also have access to any and all reports made by her counselor regarding her case and he would have been in a position to put pressure on my daughter s counselor to decide treatment in one fashion or another.

#3 is the boss at the Eastern Yamanashi area education office. This just happens to be where my wife and daughter spent many hours discussing personal and private information regarding her experiences at school and how to deal with problems there. They also advised us about how to get her back to school and dealing with all matters related to the school. As with #2 is not the person we dealt with directly but would have access to all private information and reports regarding our case along with being able to bring pressure on the lower level person dealing with us.

#4 is listed as a doctor but to be honest we have not been able to find the connection with us directly except he may have been an instructor of our lawyer during her time in law school. Another effort to pressure our lawyer? A personal friend of someone? He does seem to have qualifications in psychology which would make him somewhat qualified to be on this committee but his specialty is ADHD which is not relevant in our daughters case.

So there you have the “impartial” investigation committee set up and chosen by our “trusted” public servants at the Yamanashi city board of education. No wonder they were so hesitant about revealing the identities of this committee.

Senaiho

=============================
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Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

Posted on February 2, 2019April 17, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. A couple of days ago I commented on an article in the Japan Times by a former Ministry of Foreign Affairs diplomat and TV pundit Miyake Kunihiko (or “Kuni”, for gaijin ingratiation) who has a weekly JT space for his musings. A pedigreed elite trained in international “Gaijin Handling”, Miyake clumsily talks about Japan’s race relations and multiethnic future by critiquing tennis champ Osaka Naomi’s “Japaneseness”.

My JT comment helped draw readers to the article, and I’ve just written my first feature piece for the Shingetsu News Agency (the only independent English-language media left in Japan not toeing a Japanese government line) about what Miyake’s article indicates in terms of the decline in the JT’s analytical abilities, as it swings rightward to knuckle under to revisionist pressure on Japanese media and curry favor with Japan’s elites. It also cites other research from Reuters and the Asia-Pacific Journal (Japan Focus). Here’s an excerpt:

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The Japan Times Becomes Servant to the Elite
By Debito Arudou

Shingetsu News Agency, February 2, 2019
SNA (Honolulu) — On January 28, the Japan Times published an opinion piece titled, “How Japanese is Naomi Osaka?” Author Kunihiko Miyake “felt something odd” about how the multiethnic tennis champ could ever “represent Japan.” Miyake’s article is indicative of how the quality of analysis has slipped under the Japan Times’ new ownership, and suggests how the purposes of the organization have changed…

[Miyake’s] half-baked column is indicative of something much larger—a decline in analytical prowess due to the editorial changes at the Japan Times in recent years.

The Japan Times came under new ownership in June 2017 by the media group News2u Holdings, a PR company. In an unexpected editorial shift, last November the Japan Times announced that it would henceforth be rewording the “potentially misleading” (and internationally-recognized) terms “Comfort Women”—which is already a direct translation of the official euphemism of ianfu—as “women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers.” Likewise, the term “forced laborers” would now be rendered merely as “wartime laborers,” following the new government policy.

Aside from journalistic concerns about cramming a wordy term into concise articles, it wasn’t hard for media observers to understand this as a response to government pressure, already manifest in Japanese media and world history textbooks, to portray Japan’s past in a more exculpatory light…

Rest at http://shingetsunewsagency.com/2019/02/02/the-japan-times-becomes-servant-to-the-elite/

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

As Michael Penn at SNA notes, “I’m pleased to note that Debito Arudou has contributed his first article to the Shingetsu News Agency. Aside from being a strong article, it’s another step toward getting a wider range of writers taking advantage of our progressive news media platform.” Other writers and investigators, please feel free to pitch something to SNA as well. Debito Arudou Ph.D.

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Japan Times JBC 114 DIRECTOR’S CUT of “Top Ten for 2018” column, with links to sources

Posted on January 30, 2019January 30, 2019 by Debito Arudou Ph.D.

mytest

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Hi Blog. Now that the clicks have died down on my latest Japan Times JBC column of January 28, 2019 (thanks for putting it in the Top Ten trending articles once again), what follows is the first final draft I submitted to the Japan Times for editing on December 29, 2018. I blog this version because a lot of information is lost (inevitably) as we cut the word count from 2800 to 1600 words. (I generally put everything in the first final draft, then cut it down to fit the page; that way we don’t overlook anything and have to backtrack.)

People have been asking what got cut (and yes, the original version mentions Michael Woodford and Jeff Kingston), so the piece below is quite a bit different from what appeared in the Japan Times here (meaning it shouldn’t draw away any readers from the JT version; in fact, it will probably spur more views from readers wanting to compare). Also, having links to sources matter, so here it all is, including my regular acerbic tone. Dr. Debito Arudou

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A TOP TEN FOR 2018
By Debito Arudou, Japan Times Just Be Cause Column 114
To be published January 3, 2019
DRAFT SIX: VERSION WITH LINKS TO SOURCES INCLUDED

Welcome to JBC’s annual countdown of human rights events as they affected non-Japanese (NJ) residents of Japan. Ranked in ascending order, these issues are bellwethers for how NJ in Japan may be treated in 2019 and beyond:

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

10) Fourth-Generation Japanese Brazilians snub new visa program

Last March, the Justice Ministry announced a new diaspora visa regime to attract back children of Brazilian-Japanese who had previously worked in Japan. The latter had been brought in from 1990 under a former preferential “Returnee Visa” regime, which essentially granted a form of permanent residency to NJ with Japanese bloodlines.

The Returnee program was so successful that by 2007, Brazilians had swelled to more than 300,000 residents, the third-largest NJ minority in Japan. Unfortunately, there was a big economic downturn in 2008. As Returnees lost their jobs, the government declined to assist them, even bribing them to “go home” (JBC Apr 7, 2009) and forfeit their visa, unemployment insurance, pensions, and other investments in Japan over a generation. They left in droves.

Fast forward ten years, and an unabashed government (facing a labor shortage exacerbated by the 2020 Olympics) now offers this reboot: Fourth-gen Nikkei, with sufficient Japanese language abilities, plus a secure job offer and family support already in Japan, can stay up to five years.

They expected a quota of 4000 workers would soon be filled. Except for one problem: This time they stayed away in droves. By the end of October, three months into the program, the Nikkei Shimbun reported there were exactly zero applicants.

So much for bloodlines. The word is out and the jig is up.

Sources: https://www.japantimes.co.jp/news/2018/03/30/national/preferential-visa-system-extended-foreign-fourth-generation-japanese/
Nikkei: http://www.debito.org/?p=15191
JBC Apr 7 2009 http://www.debito.org/?p=2930

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

9) Naomi Osaka’s victory at US Open Tennis.

Speaking of bloodlines, JBC wrote about American-Haitian-Japanese Naomi Osaka’s win last year (“Warning to Naomi Osaka: Playing for Japan can seriously shorten your career,” Sep. 19) as a cautionary tale for anyone representing this country as an international athlete. However, as far as the Top Ten goes, her victory matters because it inspires discussion on a fundamental question: “What is a Japanese?”

Japanese society relentlessly polices a narrative of purity of identity. That means that some Japanese citizens, despite spending their lives in Japan, often get shunted to the “half” category if they don’t “look Japanese,” or relegated to “returnee children” status because their dispositions don’t “fit in” with the putative norm due to living overseas. Uniformity is a virtue and a requirement for equal treatment here. The “nail sticking up” and all that, you know.

Yet what happens to Japanese citizens who spend most of their life overseas, even take foreign citizenships, and publicly grumble about how they wouldn’t have been successful if they’d remained in Japan (as some Nobel laureates with Japanese roots have)? They’d get hammered down, right?

Not if they win big internationally. Suddenly, they’re “Japanese” with few or any asterisks. It’s a common phenomenon in racialized societies: “They’ll claim us if we’re famous.”

Naomi Osaka won big. May she continue to do so. But let’s see if she can follow in the footsteps of other diverse Japanese chosen to represent Japan, such as former Miss Japan beauty queens Ariana Miyamoto and Priyanka Yoshikawa (who as “halfs” also spoke out against racial discrimination in Japan; alas, their impact was minimized because they didn’t win big internationally).

In any case, the more successful diverse Japanese who can highlight the fallacies of Japan’s pure-blood narrative, the better.

Sources: http://www.debito.org/?p=15160
http://www.debito.org/?p=15156
http://www.debito.org/?p=15145

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

8) Zainichi Korean wins hate speech lawsuit on grounds of “racial discrimination”.

The wheels of justice turn slowly in Japan, but sometimes in the right direction. Ms. Lee Sin Hae, a “Zainichi Special Permanent Resident” generational foreigner, was frequently defamed in public hate rallies by Zaitokukai, an anti-Korean hate group. She sued them in 2014 for hate speech, racial discrimination, and gender discrimination. She won in the District Court in 2016, the High Court in 2017, and shortly afterwards in the Supreme Court when they declined to review the case.

Ms. Lee’s case stands as yet another example of how Japan’s new hate speech laws have legally-actionable consequences. Others similarly defamed can now cite Lee’s precedent and (mildly) punish offenders. It’s also another case of discrimination against Japan’s minorities being classified as “racial,” not “ethnic” etc.

This matters because Japan is the only major developed country without a national law criminalizing racial discrimination. And it has officially argued to the United Nations that racism doesn’t happen enough here to justify having one. Lee’s case defies that lie.

Sources: http://www.debito.org/?p=14973 “Officially argued”: http://www.debito.org/japanvsun.html (For context, do a word search for the following paragraph: “We do not recognize that the present situation of Japan is one in which discriminative acts cannot be effectively restrained by the existing legal system and in which explicit racial discriminative acts, which cannot be restrained by measures other than legislation, are conducted. Therefore, penalization of these acts is not considered necessary.”)

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

7) Setagaya-ku passes Anti-Discrimination Ordinance specifically against racial discrimination etc.

On that note, movements at the local level against racial discrimination are afoot. Tokyo’s Setagaya Ward, one of Japan’s first municipalities to recognize same-sex marriages, passed an ordinance last March that will protect (after a fashion) racial, ethnic, and sexual minorities from discrimination and hate speech.

I say “after a fashion” because it, as usual, has no punishments for offenders. The best it can do is investigate claims from aggrieved residents, inform the mayor, and offer official evidence for future lawsuits.

But it’s a positive step because 1) we’ve had city governments (such as Tsukuba in 2010, home of a major international university) go in exactly the opposite direction, passing alarmist resolutions against suffrage for NJ permanent residents; and 2) we had a prefectural government (Tottori) pass an anti-discrimination ordinance in 2005, only to have it unpass it mere weeks later due to bigoted backlash.

That didn’t happen this time in Setagaya-ku. The ordinance stands. Baby steps in the right direction.

Sources: http://www.kanaloco.jp/article/314740
http://www.city.setagaya.lg.jp/static/oshirase20170920/pdf/p02.pdf
http://www.city.setagaya.lg.jp/kurashi/101/167/321/d00158583_d/fil/tekisuto2.txt
http://www.debito.org/?p=14902
Tottori: http://www.debito.org/japantimes050206.html
Tsukuba: http://www.debito.org/?p=8459

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

6) Immigration Bureau to be upgraded into Immigration Agency.

Last August, the government said that to deal with the record influx of foreign tourists and workers (more below), more manpower would be needed to administrate them. So as of April this year, the Nyukyoku Kanri Kyoku (“Country-Entrant Management Bureau”) is scheduled to become the Nyukoku Zairyu Kanri Cho (“Country-Entering Residency Management Agency”), with an extra 500 staff and an expanded budget.

Critics may (rightly) deride this move as merely a measure to tighten control over NJ, as the “Immigration Bureau” was a mistranslation in the first place. Japan has no official “immigration” policy to help newcomers become permanent residents or citizens, and the Bureau’s main role, as an extension of Japan’s law enforcement, has been to police NJ, not assist them. (After all, according to the Justice Ministry, 125 NJ workers have died under work-related conditions since 2010; where was the Bureau to prevent this?)

However, the fact remains that if Japan will ever get serious about its looming demographic disaster (where an aging society with record-low birthrates is shrinking its taxpaying workforce to the point of insolvency), it has to deal with the issue of importing workers to fill perpetual labor shortages. It has to come up with an immigration policy to make foreigners into permanent residents and citizens.

The only way that will happen is if the government establishes an organization to do so. An upgrade from a Bureau to an Agency is one step away from becoming an actual Ministry, separate from the mere policing mandate of the Justice Ministry.

Sources: https://www.japantimes.co.jp/news/2018/08/28/national/politics-diplomacy/japan-set-immigration-agency-cope-influx-blue-collar-ranks-abroad-new-status/
http://www.debito.org/?p=15129
Agency name change: https://www.sankei.com/politics/news/180828/plt1808280006-n1.html
125 NJ workers died: https://www.japantimes.co.jp/news/2018/12/13/national/justice-ministry-reveals-174-foreign-technical-interns-japan-died-2010-2017/

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

5) Govt. to further centralize surveillance system of NJ.

Now, to acknowledge the naysayers, last year the government gave more power to the Justice Ministry to track NJ, in an effort to stop “visa overstayers” and keep an eye on tourists and temporary workers. This is on top of the other measures this decade, including the remotely-readable RFID-chipped Gaijin Card in 2012, proposing using NJ fingerprinting as currency in 2016 (in order to “enable the government to analyze the spending habits and patterns of foreign tourists;” yeah, sure), and facial recognition devices specifically targeting “foreigners” at the border from 2014.

This is the negative side of inviting NJ to visit as tourists or stay awhile as workers: Japan’s police forces get antsy about a perceived lack of control, and get increased budgets to curtail civil liberties.

Sources: https://www.japantimes.co.jp/news/2018/06/18/national/counter-illegal-overstayers-government-plans-system-centrally-manage-information-foreign-residents/
RFID: http://www.debito.org/?p=10750
Fingerprinting: http://www.debito.org/?p=13926
Facial recognition: http://www.debito.org/?p=12306 and http://www.debito.org/?p=14539

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

On the positive side, however:

4) Tourism to Japan reaches record 30 million in 2018.

Admittedly, when the government launched its “Visit Japan” campaign in 2010, and cheerily projected a huge expansion of NJ tourism from single-digit millions to double- a decade ago, JBC was skeptical. Government surveys in 2008 indicated that 70% of hotels that had never had NJ guests didn’t want them anyway. And of the 400+ “Japanese Only” places I surveyed for my doctoral fieldwork, the vast majority were hotels—some even encouraged by government organs to refuse NJ entry (JBC, “Japan’s hostile hosteling industry,” Jul 6, 2010)!

Times change, and now NJ tourism (mostly from Asia, chiefly China, South Korea, and Taiwan) has become a major economic driver. Local and national business sectors once pessimistic about the future are flush with cash. And by the 2020 Olympics, the tourist influx is projected to skyrocket to 40 million.

Naturally, this much flux has occasioned grumbling and ill-considered quick-fixes. We’ve had media gripes about Chinese spending and littering habits, a “Chinese Only” hotel in Sapporo, separate “foreigner” taxi stands at JR Kyoto Station (enforced by busybodies disregarding NJ language abilities), and even a “Japanese Only” tourist information booth in JR Beppu Station.

The worst fallout, however, is the new “Minpaku Law” passed last June. It adds bureaucratic layers to Airbnb home-sharing, and shores up the already stretched-thin hotel industry’s power over accommodation alternatives.

The government also resorted to coded xenophobia to promote the law. Citing “security” and “noise concerns,” Tokyo’s Chuo Ward indicated that letting “strangers” into apartments could be “unsafe.” Shibuya Ward only permitted Minpaku during school holidays, so “children won’t meet strangers” on the way to school. Not to be outdone, NHK Radio implied that ISIS terrorists might use home lodging as a base for terrorist attacks.

It’s one thing to be ungrateful for all the tourist money. It’s quite another to treat visitors as a threat after inviting them over. If not handled properly, the influx from the 2020 Olympics has the potential to empower Japan’s knee-jerk xenophobes even further.

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

3) Japan Times changes wording on controversial historical terms and topics.

Previously, JBC (July 6, 2015) noted how the Fuji-Sankei acquisition of news outlet Japan Today had shifted the English-language media landscape rightward politically, with articles becoming more assiduous in pointing out NJ misbehavior, yet muted in their criticism of Japan.

This was after the English-language arms of Japan’s major newspapers, including the Daily Yomiuri (now The Japan News), the Daily Mainichi, and the Asahi Evening News, had relegated their foreign staff away from investigative journalism into mere translation duties. Not to mention the chair of NHK, Katsuto Momii, stated publicly in 2016 that his TV network would not report on contentious subjects until the government has “an official stance” (effectively making NHK a government mouthpiece).

These “contentious subjects” included portrayals of historical events, like NJ forced into labor for wartime Japanese companies, and “Comfort Women” forced sexual services under Japanese military occupation.

Back then, JBC concluded that the JT is “the only sustainable venue left with investigative NJ journalists, NJ editors and independently-thinking Japanese writers, bravely critiquing current government policy without fretting about patriotism or positively promoting Japan’s image abroad.”

But last November, the JT, under new ownership since 2017, came out with a new editorial stance.

Stating that “Comfort Women” (already a direct translation of the official euphemism of ianfu) was potentially misleading, because their experiences “in different areas throughout the course of the war varied widely,” the JT would henceforth “refer to ‘comfort women’ as ‘women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers’”. Likewise with the term “forced laborers,” which would now be rendered as “wartime laborers” because of varying recruiting patterns.

Aside from journalistic concerns about rendering these wordy terms in concise articles, it wasn’t hard for media pundits to portray this as a response to government pressure, already seen on Japanese media and overseas world history textbooks, to portray Japan’s past in a more exculpatory light. And with at least one government-critical columnist (Jeff Kingston) no longer writing for us, JBC now wonders if the JT remains the last one standing.

Sources: Govt. pressure on Japanese media: https://foreignpolicy.com/2016/05/27/the-silencing-of-japans-free-press-shinzo-abe-media/ and plenty more.
Govt. pressure on overseas history textbooks: http://www.debito.org/?s=history+textbook

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

2) Carlos Ghosn’s arrest.

The former CEO of Nissan and Mitsubishi motors (but remaining as CEO at Renault), Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime.

This event has been well-reported elsewhere, so let’s focus on the JBC issues: Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru.

Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. (See my book Embedded Racism, Ch. 6.)

Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s JBC’s view that this is a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner.

But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99.9% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

Sources: Kelly health concerns: https://www.japantimes.co.jp/news/2018/12/26/business/corporate-business/greg-kelly-close-aide-carlos-ghosn-denies-allegations-release-bail/
Kobe Steel Reuters: https://www.reuters.com/article/us-kobe-steel-scandal-ceo/kobe-steel-admits-data-fraud-went-on-nearly-five-decades-ceo-to-quit-idUSKBN1GH2SM
Ghosn planned to replace CEO Saikawa https://www.wsj.com/articles/carlos-ghosn-planned-to-replace-nissan-ceo-before-his-arrest-1544348502
Olympus and Takata other issues https://www.bloomberg.com/opinion/articles/2018-12-06/carlos-ghosn-s-arrest-and-the-backlash-to-japan-nissan
Statute of limitations does not apply. “Japan’s Companies Act has a statute of limitations of seven years. Prosecutors argue this does not apply due to the amount of time Ghosn has spent outside the country.”
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-rearrested-for-alleged-aggravated-breach-of-trust
Woodford Olympus: http://www.debito.org/?p=9576
World waking up: https://www.standard.co.uk/business/jim-armitage-carlos-ghosn-treatment-shines-harsh-light-on-justice-in-japan-a3998291.html
JFBA: https://www.nichibenren.or.jp/library/en/document/data/daiyo_kangoku.pdf
Tantamount to torture: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwjW_7Pcp8XfAhV1GDQIHcSIDTEQFjAAegQICRAC&url=http%3A%2F%2Fdocstore.ohchr.org%2FSelfServices%2FFilesHandler.ashx%3Fenc%3D6QkG1d%252FPPRiCAqhKb7yhsmoIqL9rS46HZROnmdQS5bNEx%252FmMJfuTuMXK%252BwvAEjf9L%252FVjLz4qKQaJzXzwO5L9HgK1Q6dtH8fP8MDfu52LvR5McDW%252FSsgyo8lMOU8RgptX&usg=AOvVaw22H5dQMWcKYHizy8NNIuqY
Other irregularities noted in the JT by Glen Fukushima: https://www.japantimes.co.jp/opinion/2018/12/20/commentary/japan-commentary/seven-questions-ghosn-nissan/

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

1) New immigration visa regime to expand nonskilled labor in Japan.

The event with the largest potential for impact on NJ residents in Japan would have to be the government’s passing of a new visa regime to officially allow unskilled workers (a departure from decades of policy) to make up for labor shortfalls in targeted industries, including nursing, food service, construction and maintenance, agriculture, and hotels.

It would allow people to stay for longer (up to five years), and even beyond that, if they qualify with secure job offers and language abilities, to the point of permanent residency. In theory, at least.

Disclaimers have been typical: Officials have denied that this is an “immigration policy,” sluicing off concerns that Japan will be overrun and undermined by hordes of NJ.

But this new visa regime matters because the government is clearly taking the inevitable measures to shore up its labor force against the abovementioned demographic crisis. To the tune of about 345,000 new workers. It’s an official step towards what we are seeing already in certain industries (like convenience stores in big cities), where NJ workers are no longer unusual.

Yes, the government may at any time decide to do a housecleaning by revoking these visas whenever NJ might reach a critical mass (as happened many times in the past). And it also has insufficiently addressed longstanding and widespread labor abuses in its Technical Trainee and Interns market. But the fact remains that bringing in proportionally more NJ, as the Japanese population shrinks, will make them less anomalous.

One way that minorities make themselves less threatening to a society is by normalizing themselves. Making people see NJ as co-workers, indispensable helpers, neighbors, maybe even friends. The cynical side of JBC thinks this is unlikely to happen. But it’s not going to happen without numbers, and that’s what this new visa regime is encouraging.

As evidence of change, the rigorous Pew Research Center last year surveyed several countries between about their attitudes towards international migration. One question, “In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now?” had positive responses from Japan that were the highest of any country surveyed—81% saying “more” or “the same.”

I was incredulous, especially since the word “immigration” (imin) has been a taboo term in Japan’s policy circles (JBC Nov 3, 2009). So I contacted Pew directly to ask how the question was rendered in Japanese. Sure enough, the question included “imin no suu” (immigration numbers).

This is something I had never seen before. And as such, changing policies as well as changing attitudes may result in sea changes towards NJ residents within our lifetimes.

Sources: https://www.japantimes.co.jp/news/2018/11/02/national/major-policy-shift-japan-oks-bill-let-foreign-manual-workers-stay-permanently/
345,000: https://www.japantimes.co.jp/news/2018/11/14/national/politics-diplomacy/345000-foreign-workers-predicted-come-japan-new-visas-government/
Pew: http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372 and https://www.axios.com/newsletters/axios-am-aca76f69-2982-4b0e-a36c-512c21841dc2.html?chunk=4&utm_term=emshare#story4
JBC Nov 3: http://www.debito.org/?p=4944
See also forwarded email from Pew below.

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

Bubbling under: Registered Foreign Residents reach new postwar record of 2.5 million. Alarmist government probe into “foreigner fraud” of Japan’s Health Insurance system reveals no wrongdoing (https://www.japantimes.co.jp/news/2018/09/12/national/probe-abuse-health-insurance-foreigners-japan-stirs-claims-prejudice/). Fake rumors about NJ criminal behavior during Osaka quake officially dispelled by government (https://www.japantimes.co.jp/news/2018/06/19/national/different-disaster-story-osaka-quake-prompts-online-hate-speech-targeting-foreigners/).
Former British Ambassador and Japan Times columnist Sir Hugh Cortazzi dies.
https://www.japantimes.co.jp/opinion/2018/08/23/commentary/japan-commentary/bidding-sir-hugh-cortazzi-farewell/

ENDS

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

Source on Pew Question in original Japanese. Forwarding email exchange from Pew Research Center itself:

Begin forwarded message:

From: Pew Research Center <info@pewresearch.org>
Subject: RE: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: ” Debito A”

Hi Debito,

Thank you for reaching out. The original Japanese text is below:

Q52 In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? Q52 日本に受け入れる移民の数を増やすべき、移民の数を減らすべき、または現状を維持すべき、のどれだと思われますか？

1 More 1.増やすべき
2 Fewer 2.減らすべき
3 About the same 3.現状を維持すべき
4 No immigrants at all (DO NOT READ) 4. 移民はまったくいない（読み上げない）
8 Don’t know (DO NOT READ) 8.わからない（読み上げない）
9 Refused (DO NOT READ) 9. 回答拒否（読み上げない）

Please let us know if you have any questions.

Best, [HT], Pew Research Center

ENDS

=================================
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“Nippon Claimed” multiethnic tennis star Osaka Naomi gets “whitewashed” by her sponsor. Without consulting her. Compare with singer Crystal Kay.

Posted on January 25, 2019January 27, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. Multiethnic tennis star Osaka Naomi, whom we’ve talked about on Debito.org before in the context of Japan’s “Nippon Claiming” (where a mudblood is “claimed” to be a “Japanese”, full stop, as long as she’s at the top of her game; otherwise her mixed-ethnicity becomes a millstone), has now been claimed to the point of “whitewashing”. Yes, her Haitian-American heritage has been washed away in the Japanese media. By one of her main sponsors, no less. And they did it without clearing it with her first.

Witness these articles, sent in by many people (h/t to JK in particular):

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

Ad Showing Naomi Osaka With Light Skin Prompts Backlash and an Apology
The New York Times, Jan 22, 2019
https://www.nytimes.com/2019/01/22/world/asia/naomi-osaka-anime-ad.html?smtyp=cur&smid=tw-nytimesworld

Naomi Osaka, the half-Haitian, half-Japanese tennis champion, is the star of a new Japanese anime-style advertisement.

The problem? The cartoon Ms. Osaka bears little resemblance to her real, biracial self.

Her skin was unmistakably lightened, and her hair style changed — a depiction that has prompted criticism in Japan, where she has challenged a longstanding sense of cultural and racial homogeneity.

The ad — unveiled this month by Nissin, one of the world’s largest instant-noodle brands — features Ms. Osaka and Kei Nishikori, Japan’s top-ranked male tennis player, in a cartoon drawn by Takeshi Konomi, a well-known manga artist whose series “The Prince of Tennis” is popular in Japan.

Mr. Konomi and Ms. Osaka, who faces Elina Svitolina in an Australian Open quarterfinal match on Wednesday, have not publicly commented on the reactions to the ad.

But a Nissin spokesman apologized in an email on Tuesday for “the confusion and discomfort.”

The spokesman, Daisuke Okabayashi, said that the characters had been developed in line with Mr. Konomi’s anime series and that the company had communicated with Ms. Osaka’s representatives.

“There is no intention of whitewashing,” he said. “We accept that we are not sensitive enough and will pay more attention to diversity issue in the future.”

After the ad was first published online, people on social media, including many fans of Ms. Osaka’s, said they were deeply disappointed.

Baye McNeil, an author who has lived in Japan for 15 years, said he didn’t understand why the ad would “erase her black features and project this image of pretty much the prototypical anime girl-next-door character.”

Ms. Osaka’s rise into a beloved national figure has been particularly exciting for biracial people in Japan, known as hafus, who have long battled for acceptance, he said.

“Making her look white just tells these people that what they are isn’t good enough,” Mr. McNeil said.

Ms. Osaka was born in Japan to a Haitian-American father and a Japanese mother, and moved to the United States when she was 3. Although she isn’t fluent in Japanese, often responding to questions from Japanese reporters in English, she has tweeted about her love of manga and Japanese movies.

Ranked fourth in the world at just 21, she’s already among Japan’s most accomplished tennis players ever. She became the first Japanese-born tennis player to win a Grand Slam singles championship in September when she defeated Serena Williams in the U.S. Open, a victory that supercharged her celebrity ascent.

That win prompted a cartoon in an Australian newspaper that was criticized for its depiction of Ms. Williams, which many saw as a racist caricature. While most of the condemnation focused on how the Australian cartoonist drew Ms. Williams, critics also noted that Ms. Osaka was depicted with blond hair and light skin.

Black characters aren’t frequently found in anime, but artists in the medium have successfully depicted their skin tones before.

“When there is a black character, it’s clearly a black character,” Mr. McNeil said.

The discussion of biracial identity in Japan got a boost in 2015 when Ariana Miyamoto, who is half-Japanese, half-African-American, won the Miss Universe Japan pageant. She used her fame to discuss the plight of “hafus,” but some in Japan were unwilling to accept her as a model of Japanese beauty.

In interviews, Ms. Osaka has embraced her multicultural background.

“Maybe it’s because they can’t really pinpoint what I am,” she said in 2016, “so it’s like anybody can cheer for me.”

ENDS
/////////////////////////////////////////////

Baye, mentioned above, commented as follows:

/////////////////////////////////////////////
Someone lost their noodle making this new Nissin ad featuring Naomi Osaka
BY BAYE MCNEIL
The Japan Times, JAN 19, 2019

This month, cup noodle maker Nissin served up its animated “Hungry to win” ad campaign, drawn by “Prince of Tennis” artist Takeshi Konomi and featuring actual tennis prince Kei Nishikori and our newest bona fide global star, Naomi Osaka.

I’d been anticipating Osaka’s appearance since it isn’t often that a high-profile woman of color is featured in a major Japanese ad campaign. So when I cued it up on YouTube I was truly disappointed to see that there was no woman of color to speak of in the commercial. Instead, I found a white-washed representation of Osaka that could’ve easily been based off a TV personality like Becky or Rola. Everything that distinguishes Osaka from your typical Japanese anime character was gone, and what was left? Your typical Japanese anime character.

Come on, Nissin. Was this a business decision? Did you have concerns that your customers might be forced to uncomfortably ponder issues of race or ethnicity while slurping down a bowl of U.F.O. Yakisoba?

Sure, anime fans aren’t used to seeing women of color in the genre so … a few shades lighter on the skin here … a debroadening of the nose there … the de-exoticization of her hair … and, voila! The perfectly palatable girl next door. Not for this fan, though. Osaka’s de-blackening is as problematic to me as a Bobby Riggs tirade against female tennis players…

Rest at https://www.japantimes.co.jp/community/2019/01/19/our-lives/someone-lost-noodle-making-new-nissin-ad-featuring-naomi-osaka/

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

Nissin apologizes for skin color of Osaka in ad
The Japan News/Jiji Press January 23, 2019
http://the-japan-news.com/news/article/0005497740

NEW YORK (Jiji Press) — Nissin Food Products Co. has apologized in an email for depicting the skin color of tennis player Naomi Osaka in an anime-style advertisement as lighter than her actual pigmentation, The New York Times reported Tuesday.

The online edition of the U.S. newspaper said that the ad depicting Osaka, born to a Haitian-American father and a Japanese mother, has been criticized in Japan for whitewashing.

“We accept that we are not sensitive enough,” a spokesman for the Nissin Foods Holdings Co. unit was quoted as saying.

The Osaka character used in the anime ad for the company’s Cup Noodles was designed by manga artist Takeshi Konomi, known for his comic series “The Prince of Tennis.”

The ad also features Japanese tennis player Kei Nishikori, who, like Osaka, is sponsored by Nissin.

The New York Times reported that the Osaka figure depicted in the ad “bears little resemblance to her real, biracial self,” adding, “Her skin was unmistakably lightened.”
ENDS

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

Sponsor of Naomi Osaka retracts ad videos over skin color dispute
January 24, 2019 (Mainichi Japan)
http://mainichi.jp/english/articles/20190124/p2g/00m/0bu/009000c

TOKYO (Kyodo) — A Japanese food company which is a sponsor of 2018 U.S. Open winner Naomi Osaka removed video advertisements from YouTube on Wednesday following a dispute over the skin color of a character featuring the tennis star.

Nissin Foods Holdings Co. created two pieces of animated video aimed at promoting its signature product Cup Noodle featuring characters of Osaka as well as Kei Nishikori, another Japanese tennis player the Tokyo company supports.

But Nissin chose to stop running them at the request of Osaka’s management agency in the United States following controversy in which some questioned Nissin’s creations, saying the color of Osaka’s character was lightened.

Nissin denied it had intended to make the skin color white and apologized for having caused confusion.

“We will be more mindful of the issue of diversity,” an official of the company said.

The dispute emerged as Osaka, a U.S.-based 21-year-old athlete whose father is Haitian and mother is Japanese, advanced to the semifinals of the Australian Open.

According to the official, Nissin consulted with the Japanese arm of Osaka’s agency in making the anime pieces but failed to communicate properly with its U.S. parent.
ENDS

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

COMMENT: And, as the Guardian reported from an interview with Osaka:

Osaka: “I don’t think they did it on purpose to be, like, whitewashing or anything, but I definitely think that the next time they try to portray me or something, I feel like they should talk to me about it.”

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

Not on purpose? Really? This was what I was alluding to back in my Japan Times column on this last year:

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

It is a well-established phenomenon that Japanese children overseas, if absent from Japanese primary or secondary schooling for even a short time, can face ethnic and cultural displacement when they return. There’s even a special word — kikoku-shijo — for “repatriated children.” And this crisis of identity happens even to native Japanese speakers.

Osaka is not. Nikkan Sports on Sept. 10 reported her language abilities to be what I call “kitchen Japanese,” i.e., “somewhat able to audibly understand, but speaking is not her thing” (nigate). Yes, the media has dutifully noted her love for Japanese anime, manga, unagi (eel) and sushi. But “liking things” does not make up for lacking an important skill set.

Even with a Japanese mother, without standalone abilities to communicate and control her own fate, Osaka will expend a lot of energy navigating adult Japanese society, with all of its tripwires of courtesy and protocol.

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

So, the Nissin ad is the first clear tripwire — she didn’t even get consulted on her own image. And she got Whitewashed like a number of other celebrities in Japan of mixed heritage who can’t be accepted as “Japanese” unless they “look like Japanese”.

Consider what happened to singer Crystal Kay (who is Afro-Zainichi Korean, but it’s the same phenomenon). Excerpted from a chapter I wrote for book The Melanin Millennium (2013):

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

A more subtle example of the marketing of skin color can be witnessed in the evolution of Japanese pop idol Crystal Kay (1986- ). The child of an African-American military serviceman and a Japan special permanent resident (zainichi) South Korean mother, Kay was raised as an English-Japanese bilingual in Japan (Poole 2009). Beginning her career from age thirteen, Kay as of this writing has released nine studio albums, with an appreciable lightening of her skin on her album covers as her popularity in Japan increased. A sample from earliest to latest:

C.L.L. Crystal Lover Light (2000), her debut album.

Almost Seventeen (2002)

4Real (2003)

Natural (2003), despite the similarities, is a separate album from 4Realwith different tracks, remixes, and English covers.

Call me Miss… (2006)

All Yours (2007)

Color Change! (2008)

Spin the Music (2010)

Best of Crystal Kay (2009)

ONE (Single, from Color Change!, alternative Pokemon edition) (2008)

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

So, you think Ms. Osaka is going to be immune from this Whitewashing? She already isn’t. If she’s not happy about this sort of thing, she’s going to have to take active measures to prevent it. Or not. But the default visual standard of “Japaneseness” is already out there. And it’s not (yet) her skin color. Dr. Debito Arudou

=====================
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Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi

Posted on January 19, 2019January 20, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. We are still hearing about Japan’s overzealous enforcers of Japan school rules, particularly when it comes to hairstyles, in what Debito.org has long called the “Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school and get a compulsory education.

It’s happened in Yamanashi to Debito.org Submitter Senaiho, who after many months of fruitless investigation has lodged a formal criminal complaint against his daughter’s school officials. Read on for his report. This issue has appeared in about 45 articles in Japanese media. Here’s hoping this blog entry helps attract attention from the English-language media too. Dr. Debito Arudou

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December 17, 2018
By Y&D Senaiho

Everyone’s child is unique, at least most parents think and rightly so. All children are all unique in their own way. We felt no different when our fourth child was born. A beautiful baby girl who took the most honored place among three older brothers and we were constantly filled with joy as we watched her grow into a young woman. Little did we suspect after putting three boys through the difficult early-teen years of middle school in Japan, what we were going to experience when our little bundle of joy began her middle school enterprise.

Her first year of middle school began pretty much as her elementary school years in the Japanese public educational system finished, she would wake up every day more or less eager and looking forward to the days activities of classes, meals, meeting and playing with friends, and she would come home in the late afternoon bubbling with stories of the days events and happenings. We began to notice a dramatic change when she was no longer looking forward to going to school, or would leave reluctantly with a dire look on her face. Inquires about what was wrong only got short answers: “Nothing” or ominous silence.

We finally discovered the reason for her distress from her home room teacher. The cause was that she was being teased by a group of female classmates on account of her “Gaijin smell” or what we later came to know as “body odor”. I put it down to active hormones caused by puberty. Being the child of an Asian and western marriage, there was the scientific fact that she most likely has a larger than average (for Japan) number of sweat glands that secrete the proteins that causes body odor. No big deal, I thought, nothing a little deodorant would t fix, right! How naive I was.

We requested and got a C.A.R.E. package from my mother in the US in short order, filled with a wide assortment of feminine deodorants and fresheners. Along with these, daily baths, regular changes of underwear, and any other regimen we could think of, we tried. I have to say I never noticed any remarkable body odor in her presence, just the usual teen aroma that wasn’t any more or less fragrant than some of the odors I have noticed while teaching large groups of university pupils, and early adults. Our efforts were apparently not sufficient enough to relieve the offense of those in her class who were so nauseated. The teasing and complaints apparently continued for several months and into my daughter’s second year of middle school. She became less and less careful about things in general, and began showing signs of depression. Professional counseling seemed to help a little, but didn’t alleviate the root cause; Bullying for being a smelly half-gaijin!

Things seemed to have gotten out of control about the middle of the first semester of her second year, in order to try to reduce the teasing, her teacher decided that she needed to have her hair cut. We made an attempt in the evening of that day’s request by the teacher, but the next day on arriving to school my daughter’s haircut was deemed insufficient. The teachers decided to take matters into their own hands and decided to cut her hair in full view of other students and without our consent or even contacting us to ask permission.

That evening our daughter came home so traumatized that all I can say is that she has not been to school since that event. It was hard for me to understand how having ones hair cut could be so traumatic, but combined with all the other harassment that had been going on up till that point, it seemed to be the last straw. This was when the big cultural divide between the Japanese school system and my upbringing in the American school system came into full raging view. I vividly remember being in the third grade of elementary school and for some reason one day decided I wasn’t going to go to school anymore. My mother who happened to be an elementary school teacher herself, told me about the wonderful Truant Officer who would pay us a visit and force me to go to school. “He might even put your father and me in jail if you don’t go to school” she said. I decided I really didn’t want to see my parents go to jail; it would affect meals, Christmas presents and so on, I reasoned thankfully. The next day I reluctantly announced that for the good of all I will agree to return to school. I expected the same outcome with my daughters truancy. How could anybody just refuse to go to school? ‘This will not continue’ I remember thinking, after all it is “compulsory education” right? How wrong I was.

When my daughter’s absence went from a few days to several weeks I became alarmed. I got quite an education on where the burden of an education lies within Japanese society. Suffice it to say that it seems the entire burden is on the legal guardians of the child as to what constitutes an acceptable educational environment as far as the school system is concerned. On the other hand there are all kinds of educational laws on the books as to what and how the school system in obligated to make a safe and acceptable learning environment, especially with regard to compulsory education up through middle school. Cutting a child’s hair is not acceptable, as is allowing an environment of bullying and/or harassment, physical or mental. We spent the next year and six months trying to get the school to accept the responsibility for the trauma my daughter has suffered and to make a safe environment for her to return to her studies. All to no avail. Not only would they not even consider our issues, they branded us “Monster Parents” and tried to ignore that they had any responsibility whatsoever. However according to Guidebook of School Dispute Resolution by Kamiuchi Satoru, pg 216-217, The legal responsibilities of compulsory education in Japan are:

There shall be:

1. No provision of reasonable consideration based on developmental disability support law, disability discrimination prevention law

2. No response to bullying, contrary to the ordinance such as bullying prevention measure promotion law, Yamanashi city bullying countermeasure contact council, etc.

3. No School accident judgment incompatible and not pursuant to the “Ministry of Education, Culture, Administration” guidelines on response to school accidents.

What this legalese means in real life, is that the onus is legally completely on the school to make it safe and secure for every student to attend, including making any accommodations for special needs like attention deficit disorder, special training, or bullying awareness, really anything that would hinder any student from being able to participate in their education. In actuality, at least as far as the school system in our part of Yamanashi is concerned, they are still operating according to pre-Meiji era standards of education. According to Sakata Takashi (School Legal Mind: p. 3) This system assumed that the parents, neighborhood, and school would work together informally to solve any disputes. In fact, what has happened is that Japanese society has changed, within the past couple decades or so, so quickly and completely that Japanese compulsory education has failed to catch up. In fact modern Japan with the collapse of the economic bubble and dramatic decline in the number of child bearing couples finds itself at odds with an educational system stuck in the past. Parents are bucking heads with school officials demanding more and better legal responsibility and dispute formal resolution on the part of the schools their children attend.

For the parents of children born and/or being raised in Japan, who come into educational issues with school officials, this will require a willingness to choose a more legalistic route in settling disputes with school officials and even on occasion, parents of classmates. Changes come to all eventually, even Japanese education.

BIBLIOGRAPHY
Satoru Kamiuchi, “Guidebook Of School Dispute Resolution” (Nihon Kajo Publishing, 2016) 216-217.
Takashi Sato, “School Legal Mind,” (Gakuji Publishing 2015) Introduction.

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

Update January 9, 2019

Since writing this article in the spring of last year, there have been several developments in our case. At the end of 2017, we submitted a petition to the Yamanashi board of education requesting they do an investigation into the bullying, and reasons for the trauma experienced by our daughter. As a result of this experience she has been absent for almost the entire last two years of her middle school education.

Over the course of 2017 with the help of our local Ombudsman, we managed to collect over 1500 signatures requesting that the school board do an internal investigation into the causes and responsibilities of the incidents regarding our daughter. The school board agreed to do an investigation. At the end of 2018 after reports of monthly meetings of the school board (in which we were not allowed to participate), we were informed that the results of this investigation completely exonerated the teachers and any public officials of any misdeeds or responsibility regarding the treatment of our daughter. It was all our fault as incompetent parents that our daughter was bullied and suffered such trauma that she was not able to attend school. Shame on us. We have requested to see a copy of this report, but have been informed that will not be allowed. The reason given is that it contains the names of private individuals involved whose privacy must be protected. Bullspit! We tried to be civil and it got us nowhere.

As of January 8, 2019, we have filed with the Yamanashi Pref. Police a criminal complaint naming the school principal and three teachers as defendants. Later that afternoon we also held a press conference. As of this writing articles regarding our case have appeared in several newspapers across the country. Since it is still early in the criminal case, I am sure there will be many developments over the next several weeks and months. I will strive to keep you informed as these occur. — Y&D Senaiho
ENDS

(January 8, 2019, Yamanashi Nichi Nichi Shinbun. Click on image to expand in browser.)

===========================
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Pop Matters.com: Foreigners’ Rights in Japan: Interview with Activist and Writer Debito Arudou

Posted on January 16, 2019January 16, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. A website called Pop Matters.com recently interviewed me regarding NJ rights and life in general in Japan. Have a look. Here’s an excerpt:

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

Q: A recent immigration issue in Japan is controversy over the new immigration law due to take effect in April, which will bring in 345,000 foreigners over five years to work in certain occupations such as construction, food service, and home-visit care for the elderly. What do you see as the pros and cons of the law?

Debito: I’m going to take a wait-and-see attitude on it. The government of Prime Minister Abe, by introducing the new law, is acknowledging the fact that Japan needs to bring in foreign labor. There’s no other way to get around the current demographic crisis; the ageing population plus low birth rate means there aren’t enough people to pay the taxes and do the “dirty work” that most Japanese don’t want to do. But, as usual, it’s arranged so as not to allow these people to settle and invest in Japanese society. Over time, many entrants will surely gain a better understanding and appreciation of Japan, so they should be allowed to make a real contribution to Japanese society for their entire lives if they so choose.

Depriving them of that opportunity because they are essentially seen as temporary labor on revolving-door visas (if longer-term, this time) is basically the same mistake that has been made with the trainee / intern visa system Japan has had for more than two decades now. One wonders if Japan’s ruling elite is ever going to learn its lesson about giving quid pro quo to people who have made their investments into this society. If you stay here, learn the language, pay your taxes, and contribute to the workforce, sooner or later you should be allowed to stay permanently. But that’s not implicitly promised even in these new visas.

There has really never been a true “immigration policy”, one of making foreigners into Japanese, in Japan to this day. We don’t just need a temporary migrant labor policy. Bringing in more people in and of itself is not a viable solution to the demographic crisis. The solution is incentivizing them to stay and to become Japanese.

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

Entire interview at
https://www.popmatters.com/debito-arudou-interview-2625576904.html

Enjoy. Debito

SendaiBen on “Anytime Fitness” Sports Gym Gaijin Carding him, and how he got them to stoppit

Posted on December 13, 2018December 13, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Here’s an instructive post from Debito.org Reader and Contributor SendaiBen. He was told (like so many people are) that he had to surrender his Zairyuu “Gaijin Card” in order to register for service. But as he (and many other veterans of this silliness) know, you only have to present it when asked by a member of Japan’s policing or Immigration officials to do so. Otherwise, any form of ID (such as a Japanese driver license) that works for Japanese should work for NJ too.

But some companies don’t know or don’t care, so they push NJ around. Here’s how SendaiBen successfully pushed back, in the case of a sports gym (a notorious business sector towards NJ members) called Anytime Fitness. And so can you. Follow his footsteps. Dr. Debito Arudou (still getting used to the new WordPress format, so please pardon some formatting creakiness).

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

To: Debito.org
Date: November 24, 2018
From: SendaiBen

A few of my friends joined Anytime Fitness recently. They are a gym franchise that allows 24-hour access via a key card and have decent facilities and reasonable fees. They are expanding rapidly in Japan.

I went to check them out with my wife. There were a lot of things I liked, including the fact that you can work out in your street shoes (so no need to bring special shoes just for the gym), the fact they had two squat racks (very rare in Sendai), and the reasonable fees and ability to use other Anytime Fitness gyms in Japan and worldwide.

As we were going through the explanation of how to join, the guy showing us around said that my wife would need ID and her bank card to sign up, and (after confirming I was not a Japanese national — which was a nice touch, I thought) said I would need my ID, zairyu card, and bank card.

My wife gasped slightly (she knew what was coming).

I asked whether I could sign up with my driver’s license instead, and the guy said no, foreign nationals needed to provide their zairyu card.

We left soon after that without signing up. I was a bit put out as I don’t like it when companies make up unnecessary discriminatory rules. It’s not the most important thing in the world, but I think it is important to push back in these situations to prevent this kind of thing from spreading.

I went home and sent an email to the Anytime Fitness main office. Unfortunately I didn’t have time to get it checked, so it is in my fairly poor Japanese:

It basically says ‘I went into the local Anytime Fitness today and was told I need to present a zairyu card as well as other ID to sign up. I presume the staff member I talked to is working off your manual, so didn’t want to argue with them. I have three questions:
Is it actually necessary for me to present my zairyu card (cannot sign up with driver’s license)?
If it is true what is the reason? A zairyu card is an important document that can only be demanded by the police or immigration. It contains important personal information.
If it is true for what purpose will you use this personal information and how will it be managed?

I got a reply back the next day that was basically a cut and paste: we’re sorry you had an unpleasant experience and the local branch will be in touch to explain:

I replied saying that my questions were not about how the branch handled things but rather regarding their policies for signing up for membership. I then got the following the next day:

Basically it says that in order to sign up for membership you need to have one form of ID from the list (driving license, passport, health card, zairyu card, copy of jyuminhyo, my number card) and your bank card. Some bank accounts can’t be used (this actually happened to me, they were unable to use my Shinsei account so I used another one instead).

I then got an email from the gym itself:

This basically says that ‘it is not absolutely necessary to present the zairyu card’ but they use it to check the names of people that break the rules so that they can’t sign up for membership after they have been kicked out.

Of course this doesn’t make much sense as they could use a driver’s license to do the same thing, eh? 😉

I then emailed back asking if I could sign up with just my driver’s licence after all:

And got this reply shortly afterwards:

This very short email says ‘yes, you can sign up with your driver’s license’ (and doesn’t say, but I guess includes the sentiment ‘please don’t send me any more emails’).

Today I went back to the gym to sign up. I talked to a different guy and not once did the zairyu thing come up (although I noticed the first guy was in the office so presumably was instructing his colleague not to trigger the argumentative customer). I filled in some forms, showed my driving license, scanned my bank card (Shinsei didn’t work so used a different one), got my key, worked out, and went home.

Hopefully in the future they will be more careful how they phrase things. I have heard from friends in other areas of Japan that they have also run into the zairyu card thing with Anytime Fitness, so hopefully this post will give some ideas of how to push back in a calm and constructive fashion.

To be honest I wasn’t expecting the gym to back down, so I am kind of impressed with how they dealt with the situation. Obviously it would have been better if they had just taken my driver’s license in the first place, but failing that listening to my complaint and changing their stance was the best outcome I could have hoped for.

It seems more and more companies are becoming aware of the zairyu card, not just as another form of acceptable ID, but sometimes as the only form of ID they will accept from non-Japanese citizens. I personally believe that is unacceptable, so will continue to push back in this way to prevent it from spreading. I don’t want to be asked for my zairyu card by random companies as I go about my daily life. — SendaiBen

Japan Times officially sanitizes WWII “comfort women” and “forced laborers”. Pressure on my JT Just Be Cause column too.

Posted on November 30, 2018December 1, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. The Japan Times, under new ownership since 2017, has just released information about their new wording policy, in line with tendencies in other right-leaning Japanese media towards revising Japan’s contentious history through revisionist terminology. Make sure you read down to my comment for a little plot thickening:

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

Courtesy of Shingetsu News Agency, Dec 1, 2018:

(Photo courtesy DM, from The Japan Times physical copy pg 2, Nov. 30, 2018.)

‘Comfort women’: anger as Japan paper alters description of WWII terms
Change prompts concern that country’s media is trying to rewrite wartime history under rightwing pressure
Justin McCurry in Tokyo
The Guardian, Fri 30 Nov 2018 (excerpt), courtesy of the author
https://www.theguardian.com/world/2018/nov/30/japanese-paper-sparks-anger-as-it-ditches-ww2-forced-labour-term

Japan’s oldest English-language newspaper has sparked anger among staff and readers after revising its description of wartime sex slaves and forced labourers from the Korean peninsula.

In a decision that critics said aligned it with the conservative agenda of the prime minister, Shinzō Abe, the Japan Times said it had used terms “that could have been potentially misleading” when reporting on the contentious subjects.

It was the latest media row about how to define notorious parts of the country’s wartime record.

The Japan Times, which marked its 120th anniversary last year, said in an editor’s note in Friday’s edition that it would ditch the commonly used term “forced labour” to describe Koreans who were made to work in Japanese mines and factories during its 1910-45 colonial rule over the Korean peninsula.

South Korea says there were nearly 150,000 victims of wartime forced labour, 5,000 of whom are alive.

The Japan Times said: “The term ‘forced labour’ has been used to refer to labourers who were recruited before and during world war two to work for Japanese companies. However, because the conditions they worked under or how these workers were recruited varied, we will henceforth refer to them as ‘wartime labourers.’”

The explanation appeared at the foot of an article about the South Korean supreme court’s decision this week to order Mitsubishi Heavy Industries to compensate 10 former forced labourers. The ruling, and a similar decision last month, have soured ties between Tokyo and Seoul, with Japan’s foreign minister, Tarō Kōno, calling them “totally unacceptable”.

The Japan Times, whose motto is ‘all the news without fear or favour,’ said it would also alter its description of the comfort women – a euphemism for tens of thousands of girls and women, mainly from the Korean peninsula, who were forced to work in Japanese military brothels before and during the war.

The newspaper noted that it had previously described the victims as “women who were forced to provide sex for Japanese troops before and during world war two”.

But it added: “Because the experiences of comfort women in different areas throughout the course of the war varied widely, from today, we will refer to ‘comfort women’ as ‘women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers’.”

Reporters and editors at the paper’s Tokyo headquarters greeted the decision with a mixture of anger and consternation. “People are pretty angry about the change and the fact that we were not consulted,” a Japan Times employee told the Guardian.

The revision has added to concern that sections of the media are bowing to pressure from rightwing politicians and activists to rewrite Japan’s wartime history and portray its actions on the Asian mainland in a more favourable light.

Rest of the article at https://www.theguardian.com/world/2018/nov/30/japanese-paper-sparks-anger-as-it-ditches-ww2-forced-labour-term

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

COMMENT: Now for that plot thickening: I have been writing for the Japan Times Community Page since 2002, and under their Just Be Cause column since 2008. I felt little editorial interference in my writing until 2017, when I found my opinions facing increased demands for substantiation (which I could provide, of course — sometimes by pointing at old JT columns that had passed editorial muster before). But there was a decided editorial chill in the air.

Now with my ninth annual Top Ten Japan Human Rights Issues of the year as they affected NJ residents of Japan approaching, my new editor has told me to revamp my column format so that it’s not a Top Ten anymore. Quote from a recent email dated Nov. 24, 2018:

“I wonder if it might read better to take it out of the Top 10 format and write in detail on certain cases. I would like to see something along the lines of: What did Japan do right this year, What has the potential to move forward next year, and Which area is cause for concern.”

That’s quite a different tack. And it seems symptomatic of a “let’s focus on the good stuff”, then add more likely “future good stuff”, and maybe mention the, er, “causes for concern” as an afterthought.

I think I’ll write up a Top Ten as usual and submit it to see what happens. These aren’t the “good news” pages anyway, as writing about human rights is generally a dismal science (because human rights issues tend to focus on what people are doing wrong to each other, rather than what they should have been doing right in the first place). Moreover this is not something we newspaper columnists have to be diplomatic about (i.e., those “causes for concern”) — that’s something United Nations Special Rapporteurs do when cajoling governments to be nice to people (yet even they can be pretty harsh in their criticism at times, and rightly so).

Anyway, it’s sad that the JT, the last bastion of independent mainstream journalism in English in Japan, has knuckled under — the death of honest-history-based journalism due to PM Abe’s revisionist government pressure. I wonder what JT’s partner, the New York Times, would think of this development. Dr. Debito Arudou

BBC: Fukuoka Hilton Hotel refuses entry to Cuban Ambassador due to “US sanctions”. J authorities call action “illegal”. How quaint.

Posted on November 17, 2018November 18, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. The BBC and Japan Times report below that the Cuban Ambassador to Japan was denied entry to a US-based hotel chain in Japan, the Hilton, in Fukuoka. The Japanese Government quickly stepped in to say that this activity is illegal under Japanese law.

Well, well, well. I guess it’s helpful to be foreign and connected in high places. As has been reported for decades on Debito.org, Japan’s hotel refusals by nationality are so normalized that hotels routinely ignore the law being cited, refusing “foreigners” entry due to “lack of facilities“, “discomfort on the part of the management or Japanese customers“, or just for being “customers while foreign” (or even the “wrong foreign customers“). Sometimes these refusals have the backing and encouragement of local police agencies and other authorities in their overzealous “anti-terrorism“/”anti-crime“/”anti-infectious disease” campaigns (because after all, only “foreigners” do all that in Japan).

So the Cuban Ambassador gets refused. And now the law gets applied. Good. Now let’s apply it everywhere, for a change. That’s what laws are for. Dr. Debito Arudou

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US hotel in Japan refuses Cuba ambassador
BBC/Reuters 14 November 2018, courtesy of JDG
https://www.bbc.com/news/world-asia-46207147

A US-owned hotel in Japan has been criticised by Japanese authorities after it denied the Cuban ambassador a room over fears it would violate US sanctions on Cuba.

The Hilton Fukuoka Sea Hawk told Ambassador Carlos Pereria he could not stay last month because it could not accommodate Cuban government guests.

That prompted a Cuban complaint.

Japanese officials in the city have since told the hotel it was illegal to refuse rooms based on nationality.

The Cuban embassy booked the room through a travel agency, which informed the hotel of the guests’ identity, the Asahi Shimbun newspaper reported.

However when Mr Pereira arrived in the south-western city on a trip to visit Cubans playing for the city’s baseball team he was told he could not stay.

In its subsequent complaint, the Cuban argued that applying US law in Japan encroached on Japan’s sovereignty, the Asahi Shimbun said.

But a Hilton representative in the Japanese capital Tokyo told the Kyodo news agency that the firm had to comply with US law because it was based in the US.

In 2006, the Mexican authorities fined a US-owned Sheraton hotel for expelling a 16-person Cuban delegation from a hotel in Mexico City.

In 2007 a Norwegian hotel, the Scandic Edderkoppen, refused to let a delegation of 14 Cuban officials stay as it was part of a chain that had been bought by Hilton since the Cubans last visited.

Then Norwegian deputy foreign minister Raymond Johansen told Reuters that it was “totally unacceptable”.

In 2016, under a thaw in relations between the US and Cuba during the Obama administration, the US hotel firm Starwood signed a deal to manage two hotels in Cuba. The two hotels were owned by Cuban state enterprises, the New York Times reported.

However the following year President Trump tightened US policy towards Cuba, banning US visitors to the island from spending money in state-run hotels or restaurants linked to Cuba’s military.
ENDS

/////////////////////////////////
The Japan Times adds:
According to the Cuban Embassy, the diplomats were visiting Fukuoka to meet Cuban baseball players who are members the Fukuoka SoftBank Hawks.

Japan’s law regulating hotel operations states that guests cannot be refused unless they carry an infectious disease or are suspected of committing illegal activities. The Health, Labor and Welfare Ministry pointed out that denying accommodation based on nationality is against the law.

“The hotels operating domestically must comply with the law,” the ministry said.

“We refuse to provide service to officials of the government or state-owned enterprises of countries under U.S. economic sanctions such as North Korea, Iran and Syria,” a Hilton spokesperson said. “We would like to discuss about the matter internally in response to the guidance.”

======================================
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Nikkei: Japanese-Brazilians snub Tokyo’s diaspora residency program, attracting exactly ZERO applications after starting 3 months ago

Posted on October 30, 2018November 10, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Here’s the latest installment of what I like to call “the jig is up” phenomenon affecting Japan’s public policy, specifically the one that is trying to maintain Japan’s exploitative “revolving-door” NJ labor market.

The Nihon Keizai Shinbun has given us an inadvertently amusing article about how the government’s latest policy U-turn towards the Nikkei Brazilian Community (whom they officially bribed to leave Japan a decade ago), and how this wheeze simply isn’t working. ZERO applicants applied for a special labor program in three months. Even though the NJ resident population is at an all-time postwar high, some people have learned their lesson: don’t come to Japan just to be exploited and then summarily sent home. More comment from Debito.org Reader and Submitter Gulf below the article. Dr. Debito Arudou

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

Japanese-Brazilians snub Tokyo’s diaspora residency program
Effort to bring over young workers attracts zero applications in 3 months
By NAOYUKI TOYAMA, Nikkei staff writer
October 25, 2018, Courtesy of Gulf
https://asia.nikkei.com/Politics/Japanese-Brazilians-snub-Tokyo-s-diaspora-residency-program

SAO PAULO — Japan’s new residency program for fourth-generation Japanese descendants living overseas did not attract a single Japanese-Brazilian applicant in its first three months.

The program, launched in July, allows descendants ranging in age from 18 to 30 to stay in Japan for up to five years and perform specific types of work. The goal is to ease Japan’s labor shortage, and the Justice Ministry initially expected to accept 4,000 people a year. But the Japanese Embassy and consulates in Brazil had not received any applications as of the end of September.

The South American country is home to the largest ethnic Japanese community abroad.

Potential applicants may be put off by the limited period of stay, as well as restrictions on bringing family members along and required certification of Japanese fluency.

The limitations contrast with the rights granted to second- and third-generation Japanese-Brazilians, who are free to live and work in Japan with residency status granted under a 1990 immigration law revision.

Japanese-Brazilian communities are dotted around Japan. Many residents work in the manufacturing sector. But their numbers are in decline: After surging from 170,000 in 1991 to a peak of 310,000 in 2007, the population dropped to 190,000 at the end of 2017 due to a sluggish economy and other domestic factors.

Despite the need for new sources of labor, Japan’s government has insisted participants in the program would not be considered immigrants. An organization representing Japanese descendants in Brazil blasted Japan for “treating Japanese-Brazilians, who are their compatriots, as unskilled workers for a limited period.”
ENDS

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COMMENT FROM SUBMITTER GULF: I shouldn’t laugh, but in a way it’s a relief that there aren’t any takers. I have relatives in Brazil and I lived there when I was 5 and 6 years old. It’s actually the reason I came to know Japanese culture and decided to study the language.

To be fair I doubt there are many 4th generation Nikkeis that speak Japanese, if any. But of course the poor conditions on offer certainly aren’t an incentive to learn their ancestral language.

Thank you as always for your efforts and for keeping up the site as a 20+ year old archive on human rights in Japan. –Sincerely, GULF.

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Excellent Japan Times feature on dual citizenship in Japan: “Don’t Ask, Don’t Tell” policy leaves many in the dark

Posted on October 4, 2018October 4, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. This lengthy feature from The Japan Times conducts original research on dual nationality in Japan, and gives vital insights into the game of legal chicken played by the Japanese Government to get people to forfeit their dual nationality (and by extension, part of their identity), all for mere allegiance to the fiction that Japan is monocultural and homogeneous. This suppression of diversity must stop, but few are taking notice. That is, until recently, when it’s become clear that “Japan-Claiming” of diverse Japanese such as Osaka Naomi helps with the other thing the insecure Japanese Government craves: respect and recognition for excellence on the world stage.

That’s why it’s worth revisiting this older JT article below. The takeaway is this: As the JT has also recently reported, there is no real penalty from the Japanese Government for not surrendering your non-Japanese nationality: “There have been no reported instances of dual nationals by birth having their citizenship revoked.” So as Debito.org has always advised: Declare Japanese nationality and quietly keep renewing your foreign passport. The foreign government will not tell the Japanese authorities (it’s none of their business), and the Japanese authorities cannot strip you of a foreign nationality (or even confiscate a foreign passport–it’s the property of the foreign government). Only you can give one up. So don’t. Dr. Debito Arudou

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Dual citizenship in Japan
A “don’t ask, don’t tell” policy leaves many in the dark
By Sakura Murakami and Cory Baird
The Japan Times, Feature, Undated, Mid-2018
Start from http://features.japantimes.co.jp/dualcitizenship/

INTRO: Seeking elusive answers to a big question

Forfeiting your citizenship might seem like a strange way to better connect with your country, but Hana Dethlefsen was compelled to make such a decision after getting caught up in the complicated legal web of Japan’s Nationality Act.

“I had to give up my Japanese nationality in order to qualify for the JET Programme, which I did at age 21. My understanding was that I would have to give it up at age 22 anyway, so giving it up one year earlier wouldn’t have made a difference,” Dethlefsen said. JET is a state-sponsored program that invites non-Japanese college graduates to work mainly as language teachers at local schools.

“(But) in my discussions with other half-Japanese friends, I’ve come to understand that we all have different understandings of what is acceptable,” said Dethlefsen, who now has German and Canadian citizenship.

Confusion about the legality of holding dual nationalities stems from the opaqueness of the law and the difficulties surrounding its enforcement, causing some to forfeit one of their nationalities while others live in fear of a day when they are forced to choose between their citizenship, identity and family ties.

The nationality law officially obliges those who have multiple citizenships by birthright to choose one by the age of 22.

But in fact, possibly hundreds of thousands have maintained multiple nationalities and to date the government has never cracked down on any of them.

In response to questions over the number of dual nationals, the Justice Ministry confirmed to The Japan Times that some 890,000 people were or are in a position to have dual nationality. This figure is based on official family registries maintained by local municipalities between 1985 and 2016, and includes people who have declared or forfeited Japanese citizenship, as well as people assumed to have multiple nationalities based on their birthright.

“If I were forced to decide which citizenship to retain and which citizenship to relinquish, I would view it as which culture and which nation am I to abandon.”

According to a survey conducted by The Japan Times of 1,449 people with dual nationalities, 76.8 percent maintain dual citizenship while 23.2 percent decided to forfeit one of their passports.

The same survey showed that 39.5 percent of multiple passport holders “always” switch passports depending on the country they enter, while 37.3 percent “sometimes” switch passports.

With the government’s official position becoming more divorced from a globalizing society where a large number of people maintain dual nationalities, many have to rely on word-of-mouth for information on what they see as an important, life-changing decision regarding their citizenship.

May, who declined to give her real name for this article, citing privacy concerns, has both Japanese and Australian citizenship. She told The Japan Times that years ago when she was unsure about what to do with her dual nationalities, she often relied on internet forums and social media websites such as Mixi to connect with others in similar situations.

“We would talk about what we would do with our dual citizenship, we would try to give each other anecdotal advice. This is still the same now. These topics come up all the time and nobody knows the answer,” she said.

“When I renewed my passport most recently — two years ago — I had a massive meltdown because there was a new section where I had to report whether I had dual nationality. I bawled my eyes out. … I was worried I would have to give up one of my citizenships,” she continued.

“We had received different information about what is and isn’t acceptable, and therefore, some of us had dual nationality and some of us had given up our Japanese citizenship when we came of age.”
Like May, many dual citizens are surprised to see that passport renewal forms include a section regarding dual nationality. This is in order to confirm whether the applicant has naturalized as a citizen of another country, which under the law would automatically mean the revocation of their Japanese passport, according to a Foreign Ministry official.

But having multiple passports does not mean that the ministry won’t issue a Japanese passport, the official added, since the Foreign Ministry does not track dual citizens.

While the murkiness over the law has left those with multiple nationalities anxious about their status and has prompted many to take steps to hide it, many dual nationals spoke of experiences that seem to indicate the government has been quick to look the other way when it comes to enforcing the law.

“I remember I once stupidly handed in the wrong passport — my American one instead of my Japanese one — at the immigration desk for Japanese passports,” Chris, who also requested anonymity when talking to The Japan Times, said of an experience when entering Japan.

“There was a moment of panic but the Japanese immigration agent just said, ‘No sir, the other passport.’ I handed in my Japanese passport and he took it, stamped it, and let me pass. … It was as if he had experienced this kind of situation multiple times, and saw this particular episode as a nonissue,” he said.

Yet, there appear to be some cases where dual nationals have experienced pressure from local government officials to choose between one of their nationalities.

That was the case for James, who requested he be identified by his first name only. During a visit to his local government office, he was informed, much to his surprise, that he also was a Japanese national. Since James had already registered as a foreign resident at the same local government office, it was obvious to the local officials that he, in fact, possessed multiple nationalities.

When he decided to register as a Japanese citizen, the local city officials appeared to be agitated by the decision.

“Because I was already registered as a foreigner, it caused quite a stir at the city office. … An employee told me that I needed to turn in my American passport to the city office and sign a document saying that I give up my American citizenship,” James recalled.

“I said that I’m not comfortable doing that (giving up my American citizenship), and that I’d like to consult a lawyer familiar with this type of issue. … (The official) said that I was just unwilling to do things that were inconvenient. I left after that, feeling pretty bad about the experience.”

“I strongly connect with my Japanese heritage, but I don’t feel welcomed by Japan. Having to choose a nationality at age 22 was the first formal instance of feeling as though I was ‘not Japanese enough.’ ”

One factor behind the confusion over the law is that it fails to specify any penalties against dual nationals who do not pick a nationality. It instead only states that the justice minister reserves the right to “warn” them to choose a nationality. If a dual national does not make a choice within a month of receiving the warning, their Japanese nationality is automatically revoked.

However, this right to warn such nationals under the 1985 revision of the nationality law has never been exercised, a Justice Ministry official confirmed earlier this month, partly because the act of tracking down citizens with multiple nationalities and encouraging them to make a choice would be a bureaucratic nightmare.

“We actually cannot be sure about who has multiple nationalities,” Kei Kurayoshi, then the ministry official in charge of nationality issues, told a parliamentary session in 2008.

“Given that uncertainty, sending reminders to those we just happen to know have multiple nationalities by chance is a questionable practice,” Kurayoshi said. “There are a lot of opinions about this, but we have not sent out any reminders due to such reasons.”

That is not to say that the law itself is completely ineffective, because in theory Japanese citizenship could be revoked if a dual national does not make a choice. Its very existence serves as a threat, said Yasuhiro Okuda, a law professor at Chuo University who specializes in the Nationality Act.

Even if it may be only on paper and not in practice, the official stance that one can have just a single citizenship sends a powerful message to those with multiple nationalities.

This sentiment was echoed by Chris.

“If I were forced to decide which citizenship to retain and which citizenship to relinquish, I would view it as which culture and which nation am I to abandon,” he said. “I think of that decision as emotionally charged.”

Michiko, who asked to be identified only by her first name, was born to a Japanese mother and a German father but never lived here and only received her Japanese passport at the age of 22 on a visit to Japan. She was unaware of the intricacies of having dual nationalities in Japan, yet she could tell that something didn’t feel quite right when her mother took her to the local municipality to get her first Japanese passport.

“When we got the passport in Japan at the local city hall, it didn’t feel legal to me,” she said. “It felt a little weird. I never researched it or anything … but I just had this feeling that it was illegal to have a second passport.

This climate of fear is creating a vicious cycle of negativity, said Teru Sasaki, professor of sociology at Aomori Public University.

“For some, nationality is the final stronghold of the Japanese identity. The very notion of dual nationality challenges that and creates fear for those who are unfamiliar with the concept,” said Sasaki.

Regardless of whether dual nationality is tacitly approved or not, “the idea of single nationality also tied in with, and reinforced, the Japanese postwar belief in a pure, homogeneous nation-state,” said Atsushi Kondo, a professor at Meijo University in Nagoya. “The wording of the current law shows a very strong hope in maintaining that ideal.”

“For some, nationality is the final stronghold of the Japanese identity. The very notion of dual nationality challenges that and creates fear for those who are unfamiliar with the concept.”
Sasaki noted that this climate of fear became especially prominent during last year’s media frenzy over whether Renho, who at the time was leader of the Democratic Party, held both Japanese and Taiwanese citizenship.

“The recent public backlash over whether Renho had dual nationality created an atmosphere of fear for the individual,” he said.

As multiple citizens languish under this cloud of uncertainty, any hopes of spurring momentum on the issue within the ruling Liberal Democratic Party has been lost in the wake of the Renho furor. In addition to the already entrenched beliefs about identity, this lack of political momentum has contributed to the inertia surrounding the law.

“The question of nationality is an issue of great significance to nationalists, as well as some politicians,” said Kondo, who expressed his skepticism that any changes to the nationality law would come about.

He added that Renho’s case is an example of the reluctance to change the political climate, saying that “Some politicians made a big fuss about the possibility that she was a dual national, despite the fact that none of the facts were confirmed.”

Even politicians once in favor of changing the law appear to be avoiding commenting on what has become a politically charged issue.

Foreign Minister Taro Kono — who was once a vocal champion of changing the law and even published a proposal that allowed dual citizenship under certain conditions — has taken a noticeably softer stance on the issue.

When asked earlier this month by The Japan Times whether the Nationality Act was outdated, Kono was curt in his answer, refusing to champion a cause he once served.

“You should ask the Justice Ministry,” he said.

Rest at http://features.japantimes.co.jp/dualcitizenship/

Farrah on Hamamatsu’s city-sponsored “Gaijin Day” event: Problematic wording and execution, esp. given the history of Hamamatsu, and who attended.

Posted on September 3, 2018September 5, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. I didn’t want to bring this up until after the event was over, but check out this poster for “Gaijin Day”, sponsored by enough people (including the City of Hamamatsu in Shizuoka Prefecture) to make it normal and unproblematized.

Source: https://www.hamamatsucastle.com/がいじんの日-the-gaijin-day-2018/ (bigger scanned reproduction below)

Some people did see a problem, and one, Farrah, reported what happened there to Debito.org. My comment follows hers.

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From: Farrah
Subject: Comments – Gaijin Festival
Date: September 2, 2018
To: debito@debito.org

In late-August, an ALT friend of mine from Kansai told me about this event that was happening in Hamamatsu, called, “Gaijin Day”. Amused and slightly offended by the wording, she was actually interested in coming all the way down to my neck of the woods to attend it. The flyer for the event went viral in many expat groups on social media, and posts were flooded with comments about the title of the event. I figured that the organizers chose to call this event “Gaijin Day” to get lots of attention, and they did.

At first I thought that it would merely be a spectacle of foreigners flying into Japan to perform. But when I looked at the list, it was a bunch of people who were sansei/yonsei, Japanese people of mixed-heritage who lived in the Tokai region. I was immediately offended by the name of the event at that point. This is my fifth year living in Hamamatsu, and I’ve done extensive ethnographic research on Brazilian and Peruvian immigrant communities since November of last year. I know that referring to such an established part of the Japanese diaspora as merely “gaijin” was inaccurate and disrespectful. The worst part of all was that the Hamamatsu City Government and HICE Center (Hamamatsu Foundation for International Communication and Exchange) were the main sponsors for the event.

Hamamatsu has the highest immigrant population in Japan (22,260 immigrant residents as of July 2017), with the highest Brazilian population in the entire country. Actually, the population was almost double in Japan before 2007, but the Japanese government offered cash payments to nikkeijin to leave Japan permanently to reduce the immigrant population. From 2009-2010, they were offered around ¥300,000 per worker and ¥200,000 per dependent willing to leave Japan. About 20,000 nikkeijin took the offer, with the amount of Brazilian and Peruvian immigrants shrinking by more than 87,000 combined. The permanent leave requirement was reduced to three years, with many former residents coming back for employment in Hamamatsu and the Tokai region. This change in the permanent leave policy may be in response to the fact that Japan’s population is declining (with the elderly population increasing), leaving the country dependent on immigrant workers.

“To serve as a viable solution for Japan’s aging, immigrants would need to make up at least 10 percent of the overall population by some estimates—an unfeasibly large number by most accounts given the strong preference that remains for ethnic and cultural homogeneity and the public backlash that would likely ensue.” (Council of Europe)

This city should be an example of what living in a diverse and multicultural society would look like for the rest of Japan. However, there is little intercultural inclusion or integration between these communities. Most of these immigrants are not ALTs or eikaiwa teachers. They are Brazilian, Peruvian, Filipino, Indonesian, and Chinese people with mixed Japanese heritage. Many of them work in factories for car/train parts and in tea-picking farms. To call these long-term residents with Japanese grandparents (at least) “gaijin” is incredibly disturbing.

When I would read comments that supported the idea of referring to the performers as “gaijin”, I realized that majority of these people, Japanese and non-Japanese, were unaware about the legacy and the history of immigrant Japanese communities. Many of these people were born and raised in Japan, and many of them speak Japanese. I teach at a public high school with a lot of students from these communities, and majority of them speak Japanese as native speakers and have never went to their parents’/grandparents’ “home” countries. Their main cultural identity and mentality is Japanese, and yet they’re labeled as “gaijin” simply because they have a multicultural and multiethnic background. Why does having another culture to be proud of cancel their eligibility to be “Japanese”?

When I shared the flyer with my own comments on Facebook, I received over 100 responses from friends and acquaintances alike. I noticed that the non-Japanese people who disagreed with the idea of sansei/yonsei being labeled as “gaijin” as harmful were white Americans, Canadians, and Australians. They’re not minorities in their own countries, and in the end, they can always be reassured that they belong to their home countries without such backlash. They are completely desensitized and inexperienced with the concept of carrying a politicized multicultural identity because they never had to experience it in their home countries. I am first-generation American, and my parents are also immigrants. I have more personal experience being a minority in my own home country. I am constantly questioned about my identity by white Americans (and even by Japanese people at times), despite the fact that I was born and raised in the US and speak in English as a native speaker. When you’re a person of color or a minority in the place where you were born and raised, you face lots of scrutiny and oppression on your identity.

After holding many interviews with families and talking to my students about these issues in my research (as well as casual conversations), I have learned that being labeled as a “gaijin” as a mixed-race Japanese resident in Japan can be harmful to their self-image and identity. Majority of them have told me that even in Brazil and Peru, locals perceive them as “Japanese”, so they feel that they cannot fit into either country. The US may have their problems with racism, prejudice, and discrimination, but at least there are many support systems and articles out there that can reassure that minorities do belong. Japan does not have the same kind of representation or support for sansei/yonsei members in their society.

I actually attended the “Gaijin Day” event later on. It was located next to Hamamatsu Station, so it was inevitable to attend it anyways. As I thought, the vendors were all Brazilian and Peruvian, and they spoke to me in Japanese with little hesitation. There were also cell phone companies targeting Brazilian and Peruvian residents, holding up signs in Japanese, Portuguese, and English. Two individuals hosted the event: A full-Japanese radio host from Hamamatsu, and a Brazilian-Japanese performer who lived in Nagoya. Majority of the people in the audience were also Brazilian, but did not live in Hamamatsu. Some of what the hosts said irked me at times. “Today, we are all gaijin!” “Why do you have all these signs in Japanese? The Brazilians can’t read them!” I felt that the way the event was commenced also re-enforced stereotypes and constantly misused/over-used the term, “gaijin”. Most of my Filipino, Brazilian, and Peruvian friends refused to attend because of the naming of the event. “If I go there, I’m saying it’s okay to call me ‘gaijin’ even though I pay the same taxes and have a Japanese last name.”

The event was coordinated by two Brazilian men in their 40s, who came to Japan later in their adulthood. I tried to politely ask them about why they decided to call this event, “Gaijin Day”, but they immediately asked me about my heritage and said that it was not an issue to them because they identify themselves as “gaijin”. My yonsei and Japanese friends also received the same harsh responses when they tried to discuss the issue over the phone; it was as if the decision to label their community as “gaijin” was an autocratic decision with the concept of the sansei/yonsei population as a monolith. There was not a survey available to express my opinion at the event, either.

While I do understand that some residents from these communities, especially nikkei residents, mainly identify as “gaijin”, many of them also refuse to adhere to the label, especially newer generations of yonsei residents in Japan. Unlike the organizers of this event, many of them were born and raised in Japan, and plan to live here for the rest of their life. And yet, they are being labeled as “gaijin” by other people, not by choice. The idea behind language reclamation (taking back a slur/derogatory term and using it positively) does not function with this event because there is little to reclaim. The idea that mixed-race sansei/yonsei are legitimate Japanese people isn’t even established in the mainstream, and it’s under the assumption that every single person in the diaspora views themselves as non-Japanese, which is far from the truth.

Here is the main problem: when you decide to publicize a huge event that profits off of how diverse and multicultural your city is, the last thing you should do is use language that excludes the community that makes it special. Brazilian and Peruvian residents are already discriminated against a lot by Japanese locals in Hamamatsu. Japanese peers, teachers, and authority figures constantly tell them that they are “gaijin”. The reason why some older Brazilian and Peruvian residents especially have a hard time learning Japanese is because they are not really given much government support, and because the Japanese community does not welcome them as equals. The city government only recently created programs to help mixed-race residents learn Japanese a few years ago.

Imagine being a yonsei child who was born and raised in Japan, mainly speaks Japanese, and attends a Japanese public school (where students might call you “gaijin” if you can’t pass as Japanese or if you have a non-Japanese name). You come to a huge event that refers to you and everyone in your community as a “gaijin”. How are you supposed to feel?

Some may argue that this is a sign of progress; you’re supporting local businesses and performers who are sansei/yonsei. However, I see it as very regressive and problematic to a huge degree. They are remotely far from being “gaijin”, and you’re promoting the multicultural communities here at their own expense by reminding them that they’re not fully Japanese. They are a legitimate part of the Japanese diaspora and Japan itself. I think the Japanese diaspora seems to be the only one in the world where many people claim that possessing any other heritage/culture automatically makes you not Japanese at all.

On the signs of the event, the slogan is, “The Gaijin Day: We live in Japan together!”

Yes, you can live in Japan together, but you will always be separate. You will always be classed as non-Japanese. Having any heritage or culture mixed in will cancel out your Japanese identity. That’s the message that you are sending to the mixed-race residents here, especially to the younger generations. And that’s a very toxic message to send. Farrah.

Sources:

http://www.hi-hice.jp/index.php
https://rm.coe.int/city-of-hamamatsu-intercultural-profile/168076dee5

ENDS

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COMMENT FROM DEBITO: First, it is disappointing that the site of Gaijin no Hi is Hamamatsu. Given Hamamatsu’s special history with NJ residents (particularly its very progressive Hamamatsu Sengen of 2001), using exclusionary language such as “Gaijin” (given its history as an epithet as well; see below) feels truly, as Farrah put it, regressive.

Have they also learned nothing from the Toyoda Sengen of 2004 and Yokkaichi Sengen of 2006? (I guess not; but surely the Japanese officials behind this weren’t similarly bribed to leave Japan in 2009?!)

Second, about that word Gaijin. As I’ve argued before, it’s essentially a radicalized epithet with “othering” dynamics similar to “nigger”. My arguments for that are in my Japan Times columns here, here, and here.

Bad form, Hamamatsu. You should know better by now. And if not by now, how much will it take? That’s the power of Embedded Racism: It even overcomes history. Dr. Debito Arudou

The poster in higher resolution (click to expand):

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TJ on “Doing a Debito”: Gaijin Carded at Nagoya Airport and Airport Comfort Inn

Posted on August 20, 2018August 23, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Every now and again I hear from people how Debito.org has been helpful in dealing with daily life in Japan. Here’s one such example. After more than twenty years of the Debito.org Archive, and ten years of the Debito.org Blog, things like this make it all worth it. Thanks for writing in, TJ. Dr. Debito Arudou

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To: debito@debito.org
From: TJ
Date: August 12, 2018
Subject: Well, I put on my Debito hat today!

I’m an American married to a Japanese, and we’re on an adventure doing standby flights from Japan to overseas. However, unluckily we got bumped at Nagoya Airport. So we checked into a Comfort Inn at the airport in my (Japanese) spouse’s name.

He filled out the card for our twin room. But the receptionist looked at me and said that she needed to photocopy my passport. But I know from Debito.org that she doesn’t have the legal obligation to photocopy my passport, or even see any ID, when I have a Japanese address as a Japanese resident, and I told her so. So she said she needed to copy my “Gaijin Card”, or Zairyuu Residence Card.

I gave her a chotto matte kudasai… and dug out that nifty Japanese paper you posted on Debito.org years ago and I held it up to her to read, showing her the letter of the law that says that ID is only required for tourists, not for residents of Japan, including foreign residents.

(http://www.debito.org/whatif-id-check.doc
from http://www.debito.org/residentspage.html#checkpoints)

Another receptionist came over to investigate, and I repeated that I live in Japan permanently. Basically, the other woman’s attitude was since my Japanese spouse was with me, I didn’t have to hand any ID to be photocopied. Because I’m “one of the good ones”. Not a win, but I don’t think she expected me to stand my ground the way I did.

I cannot understand why they need my most intimate and personal information photocopied. What is done with it later? How is it disposed of? It seems like a waste of paper, toner, etc., and because of identity theft, it makes me really nervous.

So… fresh off this experience, we went out to dinner at Nagoya Airport. The hotel is connected so we went back over. My spouse popped into a shop to get toiletries and I sat down in a public chair to wait.

A security guard — I wasn’t sure if he was a police officer, but my spouse later thinks he was — came up and said he was randomly checking passengers’ passports.

Well, I answered in fluent Japanese, which I think he did not expect and threw him off. I explained I am staying at a hotel at the airport and am with a friend who is in the shop over there and we are having dinner. I didn’t have a passport, so I flashed my Zairyuu Residence Card.

But that wasn’t enough. He said he needed me to remove it from my wallet so he could make a written “memo”.

Now, I’m a pretty easygoing person. But at this point my aggressive alter ego, I call him “Pinky”, came out and refused to comply. Pinky told him he was targeting only foreigners, and that wasn’t right, even from a legal standpoint. And at that point my spouse walked up, but could see Pinky had taken over and stepped back to let us handle it.

The security guard eventually backed down, but again, I know it’s because a Japanese was with me. He tried to compliment my Japanese but Pinky wasn’t having it. Pinky told him that I have lived in Japan longer than he has. He was some 20 year old kid who has a tin badge and hat, and thinks he can boss people around and invade their privacy without just cause.

So, I went over to a comment box for Nagoya Airport and wrote a lengthy complaint. It probably won’t even get read, but it made me feel better. The point is, thousands of other people, including foreigners were in the vestibule, and I was basically getting targeted for “sitting while being a foreigner.” So much for kokusaika ahead of the Olympics. Geez. Not very welcoming.

These instances immediately took me back to the time some years ago when we invited you to speak at our university, and how you handled that hotel clerk who Gaijin-carded you. You knew the law and your ground. So did I. And Pinky.

Debito-sensei, arigato! — TJ.

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Trevor Noah controversy on French World Cup team: “Africa won the World Cup”. Debito.org disagrees with French Ambassador’s protest letter.

Posted on August 13, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. A recent storm in a teacup that happens to be germane to Debito.org is a recent “Behind the Scenes” vlog starring Trevor Noah, where he talks to his audience between takes of Comedy Central’s “The Daily Show”.

In a previous segment, he pointed out how the diverse French Soccer Team won the 2018 World Cup, what with a significant number of their players being of African origin. But he summarized it as a joke: “Africa won the World Cup!” “Africa won the World Cup!”

This occasioned a letter of protest from Gerard Araud, Ambassador of France to the U.S., which Trevor read out to his studio audience. Here is the segment, followed by my commentary:

If you cannot watch the segment, it runs as follows: First, Noah read the text of Araud’s letter (with a French accent, which was a bit corny, but that’s one of the licenses of a comedy show):

SIR– I watched with great attention your July 17 show when you spoke of the victory of the French team at the 2018 FIFA World Cup Russia Final which took place last Sunday. I heard your words about an “African” victory. Nothing could be less true.

(Interjected Noah: “I could have said they were Scandinavian. That would have been less true.”)

As many of the players have already stated themselves, their parents may have come from another country, but the great majority of them, all but two out of 23 were born in France. They were educated in France. They learned to play soccer in France. They are French citizens. They’re proud of their country, France. The rich and various backgrounds of these players are a reflection of France’s diversity.

(Interjected Noah: “I’m not trying to be an asshole, but I think it’s more a reflection of France’s colonialism.”)

France is indeed a cosmopolitan country. But every citizen is part of the French identity. Together they belong to the nation of France. Unlike in the United States of America, France does not refer to its citizens based on their race, religion, or origin. To us, there is no hyphenated identity. Roots are an individual reality. By calling them an African team, it seems like you’re denying their French-ness. This, even in jest, legitimizes the ideology which claims whiteness is the only definition of being French.”

There is one more paragraph to the letter, but that’s as far as Noah read. Noah acknowledged how having dual identities is used against people to “other” them from other French. “In France, a lot of Nazis in that country use the fact that these players are of African descent to shit on their French-ness. They say, ‘You’re not French. You’re African. Go back to where you came from.’ They use that as a line of attack.”

But then he counterargued: “My opinion is, coming from South Africa, coming from Africa, and even watching the World Cup in the United States of America, black people all over the world were celebrating the African-ness of the French players. Not in a negative way, but in a positive way. They look at this Africans who CAN become French. It’s a celebration of that achievement.

“Now this is what I find weird in these arguments, when people say, ‘They’re not African. They’re French.’ And I’m like, ‘Why can’t they be both?’ Why is that duality only afforded a select group of people? Why can’t they not be African? What they’re arguing here is, ‘In order to be French, you have to erase everything that is African…?” So what are they saying when they say, ‘our culture’? So you cannot be French and African at the same time, which I vehemently disagree with… I love how African they are, and how French they are. I don’t take their French-ness away, but I also don’t think you have to take their their African-ness away.”

He concluded, “And that is what I love about America. America is not a perfect country, but what I love about this place is that people can still celebrate their identity in their American-ness. You can go to a St. Patrick’s Day Parade in America, celebrating that you are Irish. You can go to a Puerto Rican Day Parade in American and celebrate the fact that you are Puerto Rican and American at the same time. You can celebrate Juneteenth as a Black person and still go, ‘Yo, I’m AFRICAN-American,’ which is the duality of the two worlds.”

Noah cited the case of Mamoudou Gassama, a Malinese immigrant to France, who famously scaled a building to save a child that was dangling from a balcony, and used it to demonstrate how far immigrants have to go to “become French”. Gassama got to meet French President Emmanuel Macron, got French citizenship and a job. Noah highlighted this dynamic in his own version of the phenomenon of “They’ll claim us if we’re famous:” “When they are unemployed, when they may commit a crime or when they are considered unsavory it’s the ‘African immigrant’. When their children go on to provide a World Cup victory for France, we should only refer to them as ‘France.’”

Noah reiterated that he will nonetheless celebrate his claim that “Africans” won the World Cup. “So, I will continue to praise them for being African because I believe that they are of Africa, their parents are from Africa and they can be French at the same time. And if French people are saying they can’t be both, then I think that they have a problem and not me.”

@GeraldAraud responded on Twitter:

End of the argument with @Trevornoah He didn’t refer to a double identity. He said »they are African. They couldn’t get this suntan in the south of France ». i.e They can’t be French because they are black. The argument of the white supremacist. 6:02 AM – Jul 19, 2018

Which, as The Atlantic commented: “is a misreading of Noah’s argument, and of his original joke. It also cuts to the core of one of the biggest questions in Europe today: Who is allowed to define national identity — the state, or the citizens?”

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

COMMENT: Debito.org’s take on this is probably not hard to guess. We agree with Noah’s argument that hyphenated identities can, should, and in fact must exist. Because a) hyphenated identities are a reality (people are diverse, and they shouldn’t have to suppress them for national goals of putative homogeneity); b) they are a personal choice, to include as one’s self-determined identity, and not the business of The State to police; and c) the alternative incurs too many abuses.

Here’s what I mean: Legal statuses (such as French citizenship) are supposed to be something that one can earn unarbitrarily (i.e., with qualifications that apply to all applicants), and afterwards are enforced in a way that does not require one to subsume or sacrifice one’s identity in perpetuity as a “citizen-with-an-asterisk”, forever currying favor with a society’s dominant majority. That is to say, currying favor with people who aren’t diverse themselves, and who often abuse identity politics to criticize diverse people as not being, say, “French” etc. enough. A lack of hyphenation becomes a power game, and the immigrant who has to “hide” something is at a perpetual disadvantage, as a permanent part of her or him is effectively perceived as a negative thing.

This is something I have studied in other societies that do not accept hyphenated identities (such as Japan, where I am a naturalized citizen myself, and often accused of “not being Japanese enough” if I do anything that causes disagreement or debate — even though I am behaving just like some other “Japanese” would in the same situation). And it leads to the deracinated person expending a lifetime of energy dealing with microaggressions, and trying to please unempathetic others who never had to question, self-determine, or fight for their own identities. All of that is outlined in my book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination“. (More here.)

Returning to this debate: The abovementioned Atlantic article gives the French side of this issue I think quite well (i.e., how it is “an affront to the French ideal that all citizens are equal in the eyes of the state”), for there will always be a tension within national goals for assimilating outsiders (melting pot? salad bowl? mosaic? kaleidoscope? or no immigration policy at all, as in Japan’s case?).

But I salute Trevor Noah for dealing with this issue in a thoughtful and measured manner, and for coming out on the side that, in the long run, works out much better for all involved. Dr. Debito Arudou

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

“Japanese Only” Osaka Nishinari-ku Izakaya Bar brags on Instagram about refusing foreign customers service for a laugh! (UPDATE: RETRACTED)

Posted on July 13, 2018July 14, 2018 by Debito Arudou Ph.D.

mytest

UPDATE JULY 14, 2018: DEBITO.ORG READER MATT HAS CONTACTED ME WITH PHOTOS OFFLIST (AND BELOW IN THE COMMENTS) TO SAY THAT MARUFUKU HONTEN IN FACT IS OPEN TO NJ CUSTOMERS, AND EMPLOYEES. HE WRITES:

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

MATT: My friends and I go to Osaka Honten in Osaka all the time.

Although discrimination against Non Japanese is a very serious issue in Japan, I can

tell you that Osaka Honten has always been very welcoming to Non Japanese.

It seems that this was a case of a bad attempt at humor/overheard speech/inside joke

reported third hand by a blogger who was passing through and created a 外国人お断り

hashtag that probably (rightly so) alerted one of your readers.

[That blogger: https://www.instagram.com/miyamon1975/]

I say inside joke because most of the staff at Osaka Honten are from Korea or The Philippines,

including my good friend Leo who has been working for Marufuku for 15 years.

Marufuku Honten is one of the cheapest restaurants in Nishinari. Most of the customers are poor and working class

and cannot afford to eat at more expensive restaurants in Osaka.

I hope you will issue a retraction as soon as possible.

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

I HEREBY RETRACT THIS BLOG ENTRY, LEAVING THE ORIGINAL TEXT UP WITH STRIKETHROUGHS. GO HAVE A MEAL AT THIS ESTABLISHMENT. DEBITO

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

Original text:

Hi Blog. Here’s what you get when you allow business establishments legally to refuse service to Non-Japanese, as Japan does. Eventually it becomes so normalized (after all, it’s been more than twenty years since Japan signed the UN Convention on Racial Discrimination, and we still have no law against racial discrimination) that people no longer even bother to feel any form of guilt or shame about it.

Here’s an example where exclusionism becomes a selling point for an Osaka tachigui bar — gleefully bragging about it on Instagram with “gaikokujin okotowari” hashtags — where the proprietor even mentions how he elicited big laughs from other customers by refusing foreigners!

~~Clearly a nice place, publicly denigrating paying NJ customers at their own expense. Contact details below.~~ Dr. Debito Arudou

//////////////////////////////
From: PC
~~Subject: Owner brags about refusing foreigners on Instagram~~
Date: July 12, 2018
To: debito@debito.org

Hello Dr. Debito.

I have recently come across these posts (screenshots attached) on instagram of an izakaya owner (I presume) joking about refusing foreigners and even going as far as stating “This drinking establishment is cheap for the sake of Japanese people!” or something along those lines (maybe you can translate better) and even using #外国人お断りin the tags. The store is located in Osaka and is called ホルモンマルフク. Regards, PC
//////////////////////////////

Name: Marufuku Honten (Izakaya bar selling Horumon, or fried offal)

Address: 1-6-16 Taishi Nishinari-ku Osaka 557-0002
557-0002 大阪府大阪市西成区太子 1-6-16
Phone: 050-5890-9648 or 06-6641-8848
https://tabelog.com/en/osaka/A2701/A270206/27042773/dtlphotolst/4/2/?smp=s
https://oosaka-marufuku.jimdo.com

ENDS

================================
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Sapporo Consadole player and former England Team soccer striker Jay Bothroyd refused entry to Hokkaido Classic golf course for being “not Japanese”

Posted on May 30, 2018May 30, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Here is some foreshadowing. Famous football player Jay Bothroyd, who played for the English national team, and now plays for Sapporo Consadole, has faced a “Japanese Only” golf course in Hokkaido: a famous one called the Hokkaido Classic. (The very course was even designed by a foreigner!)

This exclusionism is somewhat old hat for people who have been following the Otaru Onsens Case and the other “Japanese Only” places in Hokkaido and nationwide for all these decades. But when it starts happening to famous people (such as those playing for local Japanese teams), you know the bigots have lost their common sense from a public relations point of view.

Bring on the 2020 Olympics! There will be lots more “foreign” athletes to target then! Not to mention their supporters. Dr. Debito Arudou

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

Former England striker turned away from golf club in Japan ‘because he is foreign’

FORMER England and Cardiff footballer Jay Bothroyd has claimed he was turned away from a golf course in Japan, where he is now playing, because he is a foreigner.
By PAUL WITHERS
Daily Express (UK) Wed, May 30, 2018
https://www.express.co.uk/news/uk/967171/england-football-player-jay-bothroyd-cardiff-japan-golf-course-racism-twitter

Jay Bothroyd claimed he was turned away from the golf course for being a foreigner.

The 36-year-old Arsenal academy graduate, who made his only appearance for England in 2010, joined J1 League club Hokkaido Consadole Sapporo last July.

But the striker was left stunned after he was refused entry to his local golf course on the northernmost of Japan’s major islands – the Hokkaido Classic – which was designed by golf legend and 17 time major tournament winner Jack Nicklaus.

The exclusive par-72 course charges £338 for a weekend round of golf between June and July, with its fees website page stating that non-Japanese players must be accompanied by a club member.

But Mr Bothroyd, who has also played in Italy and Thailand, took to social media to question if it would be deemed racism in the UK or US.

He tweeted: “Today, I wanted to play golf, and when I went to Hokkaido Classic Golf Club, I was told that foreigners refused.

“If this were British or American, wouldn’t it be seen as racism? Do you have any recommendations for a good golf course?”

(Courtesy of SendaiBen. Note different ending in original Japanese: “Fukuzatsu na kimochi desu”, or “It’s a complicated feeling.”)

A British man in his 30s has also claimed he is sometimes declined entry to some places in Mr Bothroyd’s adopted city of Hokkaido.

He said: “I was once declined by a hotel in Hokkaido. Foreigners couldn’t stay there.”

A survey by the Justice Ministry in March revealed a worrying number of foreigners who are refused entry to venues in Japan, even though some are even able to speak the language.

The golf course’s fees page says non-Japanese players must be accompanied by a club member

It found that 247 out of 4,252 foreigners are “sometimes” refused entry to shops and restaurants due to their nationality, while 18 said they were “frequently” refused entry.

In addition, 347 anti-immigration rallies took place in 2013, growing to 378 in 2014, while Brazilian journalist Ana Bortz successfully sued a store in Hamamatsu after the owner tried to eject her.

In May 2016, Japan passed the Hate Speech Law, aimed at curbing racial discrimination to fight the growing problem.

When Tokyo hosts the Olympic and Paralympic Games in 2020, Japan is expected to welcome more than 40 million tourists, with organisers hoping to eradicate the problem in time for the global showpiece.

ENDS
=========================
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“Japanese Only” sign on Izakaya Bar “100” (Momosaku 百作) in Asakusa, Tokyo

Posted on May 23, 2018May 30, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Japan’s sometimes inhospitable hospitality industry has yet another example of exclusionism. Will we legally have this stopped by the 2020 Olympics, or will Japan as a society allow these people to be an embarrassment? Dr. Debito Arudou

//////////////////////////////////////////
From: KD
Subject: Japanese Only sign Asakusa
Date: April 20, 2018
To: Debito Arudou
Hi Debito,

I spotted a Japanese only sign near our Air BNB in Asakusa.

[Japanese version: None of our staff at this establishment speak foreign languages, so we refuse entry to all people from overseas (kaigai no kata)].

I took it down and they put a new one up the next day.

Details:
Name: 100 (izakaya) (Momosaku 百作)
Address: 4 Chome-7-12 Asakusa, Taitō-ku, Tōkyō-to 111-0032
http://tinyurl.com/yb9uv3tz

Picture of sign and front attached.

I was wondering what I could write in Japanese as a review on Google Maps to make potential visitors aware that the izakaya has a racially discriminatory policy. Sincerely, KD

===================================
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Mainichi: Zainichi Korean’s hate speech lawsuit ends in her favor. Bravo. But Mainichi plays word games, mistranslates “racial discrimination” (jinshu sabetsu) into “ethnic discrimination” in English!

Posted on April 20, 2018April 20, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Let me turn the keyboard over to JK for some update and analysis:

////////////////////////////
JK: Hi Debito: Here’s a follow-up article by Mainichi on the Lee Sin Hae Case, which I originally submitted to Debito.org in late 2016:

Korean resident of Japan’s legal battle for dignity ends in her favor but problems remain
http://mainichi.jp/english/articles/20180320/p2a/00m/0na/003000c
March 20, 2018 (Mainichi Japan)

OSAKA — A Korean resident of Japan whose damages lawsuit against an anti-Korean hate group and its former chairman ended last year with the top court ruling in her favor told the Mainichi Shimbun in an interview, “The ruling doesn’t mean we’ve crossed the finish line. It means we’ve just started on our way toward ridding the world of discrimination.”

Freelance writer Lee Sin Hae, 46, filed a lawsuit with the Osaka District Court in August 2014 against [officially-acknowledged hate group] “Zainichi tokken o yurusanai shimin no kai” (“Citizens’ group that does not forgive special rights for Korean residents of Japan,” or “Zaitokukai”) and its then chairman, Makoto Sakurai, demanding 5.5 million yen in compensation. Lee alleged that the group defamed her by calling her “an old Korean hag” during rallies in the Sannomiya district of Kobe and “a lawless Korean” on Twitter.

The district court ruled in September 2016 that Zaitokukai had made the statements with the intent to incite and intensify discrimination against Korean residents of Japan, and ordered the group to pay Lee 770,000 yen in damages.

According to Lee’s attorney, in June 2017, the Osaka High Court became the first court to recognize that a plaintiff had been subjected to “composite discrimination” — in Lee’s case, ethnic and gender discrimination [emphasis added]. However, the high court upheld the lower court’s compensation amount of 770,000 yen. Zaitokukai appealed, but the Supreme Court’s Second Petty Bench turned down the appeal late last year, finalizing the Osaka High Court’s decision.

It was through her writings criticizing hate speech that Lee herself increasingly became a target of hate mongers. She looked back on her three-year legal battle, during which she suffered insomnia and sudden-onset deafness as a result of stress caused by remembering painful incidents as she collected evidence for her case. “It’s been made clear that if one singles out another as a target of hate speech, they will have to pay for it with money,” she said.

Lee is hopeful that the precedent the courts set by recognizing that she had been subjected to composite discrimination will serve as a deterrent against discrimination in the future. Yet, people continue to take part in hate speech even when their identities are made public or they are ordered to pay damages, resulting in a reality in which hate speech is still plentiful both on the streets and on the internet.

“With the lawsuit, I became keenly aware that my strength alone was very weak,” Lee said. “Society won’t change unless the central government and administrative agencies come together and pour all their efforts into ending discrimination.” What Lee demands now are effective measures that include criminal punishment.

Hiroko Kotaki, an attorney who represented Lee in the lawsuit, offered a certain measure of praise for the Osaka High Court’s ruling for its recognition of the composite discrimination to which Lee was subjected. But Kotaki pointed out that it was problematic that claims to recover damage done by hate speech directed at an indefinite number of people, such as “Korean residents of Japan,” are not possible under current laws. With that in mind, she said, “In addition to establishing new legal standards, internet service providers need to work to reinforce their self-monitoring capacity.”

When the Osaka District Court ruled in favor of Lee in September 2016, former Zaitokukai leader Sakurai released a statement through his lawyer, accusing the ruling of being “unjust, as it was based on societal prejudice toward Zaitokukai.” When the Osaka High Court upheld the lower court’s decision, he released a statement that said, “I praise the fact that the compensation amount was limited to 770,000 yen, dealing a blow to the intentions of those who hoped to politically exploit the ruling.”

Japanese original
対在特会ヘイト裁判
http://mainichi.jp/articles/20180310/k00/00m/040/095000c
李信恵さん　尊厳回復の闘い
毎日新聞2018年3月9日 20時04分(最終更新 3月9日 20時25分)

高裁判決後、支援者から花束を贈られ笑顔の李信恵さん＝大阪市北区で２０１７年６月１９日、後藤由耶撮影
「人種差別的な発言で名誉を傷つけられた」として在日朝鮮人のフリーライター、李信恵（リ・シネ）さん（４６）が「在日特権を許さない市民の会」（在特会）と同会の桜井誠前会長を訴えた損害賠償訴訟は昨年末、最高裁第２小法廷（菅野博之裁判長）が在特会側の上告を認めない決定をし、同会側に７７万円の支払いを命じた大阪高裁判決（昨年６月）が確定した。確定を受けて毎日新聞の動画インタビューに応じた李さんは「証拠集めなどのたびに被害を思い出し、ストレスから不眠や突発性難聴に苦しんだ」と３年余にわたる法廷闘争を振り返り、「この判決はゴールではない。世界から差別をなくすためのスタートだ」と決意を新たにした。

「名指しでヘイトスピーチをすれば訴えられ、お金を払わなければいけなくなることがはっきりした」。ヘイトスピーチに批判的な記事を書くうちにその標的になったという李さんは、「人種差別と女性差別との複合差別に当たる」と認定した高裁判決の“抑止力”に期待を寄せる。しかし実名が公表されても、あるいは賠償金を請求されてもやめようとしない人たちはおり、今も路上やネット上にヘイトスピーチはあふれている。

「裁判をしても、私一人の力は弱いと感じた。国や行政などが知恵を絞って全力で取り組んでくれなければ社会は変わらない」と指摘する李さんが求めるのは、刑事罰の導入も含めたより実効性のある対策だ。

訴訟で代理人を務めた上瀧浩子弁護士は、複合差別を認めた高裁判決を一定程度評価しながらも、現行法下では「在日朝鮮人」など不特定多数に向けられた場合に被害回復ができないことを問題視。その上で、「新たな法規範を設けるとともに、インターネット事業者などの自己チェック態勢をより強化していくべきだ」と訴える。

李さんは毎回の口頭弁論に朝鮮半島の民族衣装であるチマ・チョゴリ姿で臨んだ。「自分を奮い立たせ、勇気をまとう意味があった」という。母のチマ・チョゴリや、在日コリアン無年金訴訟の原告が織った西陣織なども縫い込んで、毎回違うものを仕立てた。傍聴席にもチマ・チョゴリや男性用のパジ・チョゴリ姿の人が目立った。「社会がそうさせているのかは分からないが、ヘイトスピーチをする人たちももしかしたら『被害者』かもしれない。傷つく人も、傷つける人も両方がいなくなるよう、何ができるかもっと考えていきたい」と李さんは先を見すえている。

桜井氏は２０１６年９月の大阪地裁判決時、代理人弁護士を通じて「判決は在特会側への社会的偏見に基づくもので不当」などとする談話を出した。また、昨年６月の大阪高裁判決時には代理人弁護士を通じ、「賠償金が７７万円にとどまったことは、判決の政治利用をもくろむ勢力の思惑をくじく結果となったことを評価する」とコメントしている。【後藤由耶】

大阪ヘイトスピーチ訴訟
桜井氏が神戸・三宮での街宣活動で「朝鮮人のババア」と発言したり、ツイッターで「不逞鮮人（ふていせんじん）」と書き込むなどしたりしたのは名誉毀損（きそん）に当たるとして、東大阪市在住の李さんが２０１４年に大阪地裁に提訴。地裁判決（１６年９月）は「在日朝鮮人への差別を助長、増幅させる意図があった」と認定し、在特会側に７７万円の支払いを命じた。控訴審判決は人種差別を認めた１審から踏み込み、性差別との「複合差別」も認めたが、命じた支払額自体は変わらなかった。
==================

JK COMMENTS: From the article, we learn that Lee Sin Hae’s case wasn’t finished in September 2016 — in June of 2017, the Osaka High Court upheld by the decision of the Osaka District Court to fine Mr. Sakurai ~$7200, and late last year, Mr. Sakurai and Zaitokai appealed the case, but the Second Petty Bench of the Supreme Court denied the appeal.

Now one of the things I find curious in the article is that we’re introduced to so-called “composite discrimination” (複合差別) which, in the Japanese version of the article is defined as racial discrimination (人種差別) plus “gender discrimination” (女性差別; I think ‘sexism’ would be a better choice of words).

However, in the English version, “composite discrimination” is defined as “**ethnic** and gender discrimination”.

How is it that 「民族差別」 now equates to ‘ethnic’ instead of ‘racial’? And if the intent was to convey the notion of ‘ethnic discrimination’ (whatever that is), why does the Japanese version not use 「民族差別」 instead?

The only explanation I can offer is that Mainichi is playing word games and deliberately whitewashing ‘racial discrimination’ with ‘ethnic discrimination’ in the English-language version because the latter is more palatable to the reader. What’s your take? Regards, JK

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

DEBITO COMMENTS: The mistranslation is very indicative. My take is that one of three things happened:

The mistranslation was accidental, because Japanese society is so blind to the problem of “racial discrimination” in Japan (as Debito.org has demonstrated, it’s taken decades for it to be explicitly called “jinshu sabetsu” in the Japanese) that editorial standards have reflexively reverse-engineered the language to make it “ethnic” all over again.
The mistranslation was deliberate, because Japan has no races, therefore “racial discrimination” cannot exist in Japan (after all, holds the liberal Japanese view, “Japanese and Koreans are the same race, therefore discrimination against Koreans isn’t racial; it’s ethnic“). More on that below. Or,
The mistranslation was subterfuge, because the translator at the Mainichi happened to be one of those White Samurai types, who personally doesn’t see “racism” as a problem in Japan (despite the original Japanese wording), and sneakily changed things to protect his Japan from the outside world.

Of course, this all begs the question of people in Japan still accepting the antiquated notion of “race” as an abstract, biological concept — as opposed to a socially-constructed one that differs from society to society in its definitions and enforcement, or as a performative one that is created through the process of “differentiation”, “othering”, and subordination.

So strong is this centuries-old belief that even Mali-born naturalized Japanese Dr. Oussouby Sacko, recently-elected president of Kyoto Seika University (congratulations!), made the bold statement in the New York Times that his differential treatment in Japan is not due to racism:

“Dr. Sacko, a citizen of Japan for 16 years, says he is treated differently because he does not look Japanese. But he distinguished that from racism. ‘It’s not because you’re black,’ he said.”

Sorry, that’s not now modern definitions of racism work anymore, Dr. Sacko. Differential treatment of Visible Minorities in Japan is still a racialization process. But I guess anyone can succumb to the predominant “Japan is not racist” groupthink if it is that strong.

In this light, the Mainichi can be seen as merely maintaining the narrative, reverse-engineering the censorious language into English this time. Dr. Debito Arudou

“Japanese Only” tourist information booth in JR Beppu Station

Posted on April 11, 2018April 11, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Let me turn the keyboard over to Kyushu visitor DB, who catalogs the latest permutation of Japan’s “omotenashi” towards NJ tourists, where “hospitality” meets Japan’s inevitable “separate but equal” ideologies. Dr. Debito Arudou

/////////////////////////////////////////
April 6, 2018
Hi there Debito,

Are you aware there is a “Japanese only” information booth at JR Beppu Station? My partner and I walked in to get some information about a local onsen travel route. The woman sitting at the available desk basically refused to deal with us, and told us to go to the desk for foreigners. She initially pretended that the desk was for Japanese language help only. When we pointed out that we could speak Japanese (we had been the whole time) she shifted her excuse. The whole time she leant way back in her chair, and spoke in an extremely dismissively rude tone. In six years living in Japan I have never been treated as poorly.

After we gave up and walking out half in shock I noticed the signage. The ambiguity of “Japanese” here covers the apparent reality that they actually will refuse to serve anybody not visibly Japanese regardless of language ability.

While the “Japanese only” info desk was next to the front exit, directly connected to the main hall that has the ticket gate, the other “foreigner info” desk was a booth that was set up in the adjoining part of the building where the restaurants are. It wasn’t too far away, but it was clearly set up after the fact in order to keep the increasing number of foreign visitors separated out. There was a hand written sign noting that the staff could speak English and Chinese. Although the other desk had four staff, this one had one or two depending on the time if day (two initially, one when I passed by later). The service was fine. (But of course, we used Japanese there anyway because that’s simply easier, so there was zero point in moving except because we were forced to. )

I’ll be sending a formal complaint later, but I thought I’d send you the story. Here’s some photos attached, taken April 6, 2016. Feel free to share the story if you like. Regards, DB.

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

Racial Profiling by Japanese Police in Tokyo Azabu: Uprizine’s Interview with Austin Freeman, a student at Temple University Japan

Posted on April 5, 2018April 7, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Debito.org has talked for years about racial profiling by the Japanese police (see for example here, here, here, here, here, here, here, here, here, here, here, here, and here, not to mention demanding urine samples from “foreigners” in Roppongi only; seriously). Clearly it’s still going on. The issue here, however, is how institutions that are supposed to support and inform NJ in Japan of their rights, options, and protections in Japan (in this case, Temple University in Japan) are apparently not doing so. Read on. Dr. Debito Arudou

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

Racial Profiling by the Japanese Police: An Interview with Austin Freeman (excerpt)
Upri-Zine.com, April 2, 2018. Courtesy of NC

INTRO: In December 2017, TUJ added a new section to their Student Handbook titled Public Safety and Encounters with Law Enforcement (pages 21-23), “TUJ does not assume obligations for students’ off campus behavior or for their interactions with Japanese law enforcement personnel or the criminal justice system.”

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

UPDATE APRIL 7, 2018: Response from UPRIZINE after I notified them that their article appeared on Debito.org:

送信者： UPRIZINE
Dear Mr. Debito, First, we would like to thank you for your interest in our website, article, and what we are doing. However, we request that you take down our article which you have copied and pasted onto your own website. As a Temple University Japan affiliated group and as owners of the website, we ask that all reproduction of our material be done with our permission and with the consent of all participating members of an article. Not doing so minimizes our work, what we are trying to achieve, and could pose as an issue for the image of our magazine and institution. Mr. Freeman is also not comfortable with your usage of this piece as it is not an excerpt of the article but rather an appropriation of it. We politely request that the article be taken down from your website and that all social media posts linking to your website regarding it be taken down as well. If you would, however, like to continue helping this cause, you can edit your post to link our website with only the first paragraph of the article and “read more at (https://www.upri-zine.com/single-post/2018/03/28/Racial-Profiling-by-the-Japanese-Police-An-Interview-with-Austin-Freeman) “ in order to direct readers to our site. You can also write your own article based off ours as Mr. Freeman has agreed to this. We thank you once again for your interest and hope you understand our stance on this. Sincerely, UPRIZINE

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

Debito.org’s response:

////////////////////////////////////
Dear Uprizine,

Thank you for your personalized email response. I have complied with your command to include only the first paragraph of your article on Debito.org. I hope this provides enough context to inspire readers to read further.

Debito.org apologizes for inadvertently minimizing your work, what you are trying to achieve, and the image of your magazine and institution.

Please also send my apologies to Mr. Freeman for making him uncomfortable by drawing attention to his cause.

Sincerely, Debito Arudou (Ph.D.)
====================================
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Kyoto City Govt. subway advert has Visible Minority as poster girl for free AIDS/STDs testing. Wrong on many levels, especially statistically.

Posted on March 14, 2018March 14, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Here’s a flashback to a time (dating from the mid-1980s, see here and here, for example) when people were saying that “foreigners have AIDS”. I was there; I remember it well.

The Kyoto Government is offering free AIDS and STD testing. Good. But check out what image they’re using for the face of sexually-transmitted diseases:

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

From: XY
Subject: Embedded Racism, AIDS, and Sexually Transmitted Diseases
Date: March 8, 2018
To: debito@debito.org
Hello Debito,

Please see the attached photo, snapped on a Kyoto metro yesterday afternoon. The only non-Japanese face visible in the metro car (other than mine) is on an advert for AIDS and STD testing by Kyoto City Government.

The poster seems to imply the foreign as the source of danger, illness, social decay. The (dyed? or at least not black) permed, and slightly disheveled hair accord with the stereotype of the western woman of lax morality.

I wonder whether they used a stock image or hired a model and whether the model was aware or consented to the use of her image in this context? While technically she is contributing to a good cause – increasing awareness of AIDS, STDS, and of a useful public health service, she most likely did not realize that her image also contributes to the construction and maintenance of negative bias against non-Japanese women.

I also wonder about the designers. Who decided to use a non-Japanese model and what was their rationale (or rationalization)? Japan as a multi-ethnic society, where non-Japanese can be employed for health service publicity? Or the purely functional message that the service itself is available for both J and NJ? How does it relate to the actual epidemiology of AIDS and other STDs in Japan? Does the poster reflect any reality in the situation or is it a complete misrepresentation of the epidemiology?

Cheers and keep up the good work. Sincerely, XY

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

COMMENT: Now, some might argue (and believe me, pedants, naysayers, and White Samurai will) that this is merely an IStock photo and that there was no association meant. But that’s not how advertising works. (Why add an image of a person at all if that were true?) Others might say that she’s representing a medical professional pleased to see people coming in for testing. But there is no context grounding that, either. (No clear nurse’s uniform, nor a background that is clearly a hospital. It looks more like a government front desk area to me; if you look closely at the poster, that’s in fact where the testing is happening, not at a hospital; she’s a patient, not a government representative.)

Again, why are we targeting a Visible-Minority demographic with this ad? As XY says, that’s the embedded racism of this campaign.

My suspicion is that they are targeting Japan’s sex workers, and a frequent association is that any foreigner imported for this task has diseases. This poster merely fortifies that.

And, to answer XY, it’s wrong. According to the National Institute of Infectious Diseases, in 2015, non-Japanese people accounted for the minority of 108 (88 male; 20 female) out of 1,006 AIDS cases in Japan (and homosexual men, not women, remain the largest affected demographic). Plus don’t forget that historically, a significant number of AIDS cases in Japan were the result not of sexual contact, but of HIV-tainted blood recklessly given to hemophiliacs by the Japanese government in the late 1980s. That’s why this poster is visually misrepresenting the issue on many levels.

As XY also notes, I wonder what the model herself thinks about being associated with sexually-transmitted diseases? I wish we could ask. Dr. Debito Arudou

My Japan Times column JBC 111: “White Supremacists and Japan: A Love Story” (March 8, 2018)

Posted on March 7, 2018April 12, 2019 by Debito Arudou Ph.D.

mytest

Hi Blog. This month sees a Japan Times column that I’m particularly proud of, as it ties a lot of things together. My research question was, “Why do people react so viscerally whenever somebody criticizes Japan?” And I think I found the answer: Japan attracts and nurtures White Supremacists.

Here are the opening paragraphs:

==========================================
WHITE SUPREMACISTS AND JAPAN: A LOVE STORY
JBC 111 for the Japan Times Community page
By Debito Arudou, Thursday, March 8, 2018

JUST BE CAUSE

The Washington Post reported something interesting on Feb. 14: A farm put up a sign saying “Resist White Supremacy.” And it incurred a surprising amount of online backlash.

Calls for boycotts. Accusations and recriminations. One-star Facebook reviews that had nothing to do with their products.

The article pondered: Who, other than a White Supremacist, would object to a message rejecting white supremacy?

But if you’ve ever protested racism in Japan, or read comments sections in Japanese media, you’ll know these reactions have been old hat for nearly two decades.

In fact, this column will argue that online intolerance and attack have been Japan exports…

Read the rest in the JT at https://www.japantimes.co.jp/community/2018/03/07/issues/white-supremacists-japan-love-story/
==========================================

This will be the anchor site for discussion about the article on Debito.org. Thanks for reading, everyone. Dr. Debito Arudou

PS: If trolls show up here, as they probably will, as per Commenting Guidelines, Debito.org reserves the right to make public their IP addresses.

============
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Asahi: Japanese living abroad plan unprecedented lawsuit demanding dual citizenship. Bravo!

Posted on February 28, 2018February 28, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. Here’s something interesting and something to support if you are a Japanese living abroad — the maintenance of your legal identity in the form of dual nationality.

The Asahi reports that several Japanese citizens in Europe unprecedentedly plan to sue the government to abolish the law forcing Japanese to pick one nationality if they take another. Some emigres also want to undo the damage and restore their Japanese nationality.

Naturally, Debito.org wholeheartedly supports this effort. For too long the embedded binary of “you’re either Japanese or you’re not” (an Ichi-ro or a Ze-ro) has done untold social damage to people of multiple ethnicities and identities. Nobody in power has ever really listened to them, so now it’s time for the monoethnic Japanese abroad, who want inclusivity for their newfound diversity, to take up the charge.

Here’s hoping they get heard. Because others who have championed this sort of thing (such as MP Kouno Taro nearly a decade ago) got nowhere even in their own ruling political party. Enough Japanese already have dual. Let’s have the law reflect reality (and not institutionalize identity policing) at last. Dr. Debito Arudou

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

Japanese abroad plan first lawsuit demanding dual citizenship
By ICHIRO MATSUO/ Correspondent
The Asahi Shinbun, February 26, 2018
http://www.asahi.com/ajw/articles/AJ201802260042.html

PHOTO CAPTION: Hitoshi Nogawa, a Japanese-born citizen in Basel, Switzerland, holds his now invalid Japanese passport in Geneva on Feb. 13. The Japanese government refused to renew it in 2015 after he gained Swiss citizenship. (Ichiro Matsuo)

GENEVA–Japanese residing in Europe plan to file a lawsuit demanding the right to dual citizenship, arguing that the Japanese law that forces people to pick only one nationality are outdated, unconstitutional and invalid.

The lawsuit, to be filed against the government at the Tokyo District Court next month, will be the first litigation of its kind, according to the legal team of the eight would-be plaintiffs, who include Japanese living in Switzerland and France.

Six of them have been granted foreign citizenship and want to restore their Japanese nationality.

However, Section 1 in Article 11 of the Nationality Law stipulates that if “a Japanese citizen acquires the nationality of a foreign country at his/her choice, he/she loses Japanese nationality.”

The remaining two want to confirm that they can keep their Japanese citizenship even if they obtain a foreign nationality.

Teruo Naka, a lawyer for the group, says it is unreasonable for Japanese to lose their nationality at a time when they have growing opportunities to live and work regardless of national borders.

“The plaintiffs are hoping to keep their Japanese nationality out of an attachment to Japan and ties with their relatives living in Japan,” he said.

The plaintiffs are expected to argue in court that Section 1 in Article 11 was originally established to prevent the granting of multiple citizenship from the perspective of compulsory military service when the 1890 Constitution of the Empire of Japan was in effect. That clause was automatically passed into the current Nationality Law, which became effective in 1950, after the postwar Constitution took effect in 1947.

Sovereignty rested with the emperor under the previous Constitution, known as the Meiji Constitution. The current Constitution upholds sovereignty of the people.

They will also argue that a wide disparity has grown between the ideal of a single nationality, championed since the Meiji Era (1868-1912), and the current realities of globalization.

The group will also contend that the right to retain Japanese nationality is guaranteed under articles of the current Constitution.

Article 13 of the postwar Constitution, for example, guarantees the right to the pursuit of happiness, they said. Paragraph 2 of Article 22, they noted, states, “Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.”

Unlike in the United States and some European countries, where residents can hold more than one citizenship, the Japanese law still pushes for a single nationality.

Individuals with dual or multiple citizenship, such as children born to Japanese and foreign nationals, are required to select one nationality by the age of 22 under the Nationality Law. Their numbers have increased in recent years with the rise in international marriages in Japan.

If Japanese citizens obtain a foreign nationality through, for example, an international marriage, they are legally obliged to renounce either the foreign or Japanese nationality within two years.

But there is no clause that penalizes those who do not come forward to announce their decision.

“Only those who honestly declare their selection in compliance with the law lose their Japanese nationality,” one of the plaintiffs said.

It is common for Japanese families overseas to acquire the citizenship of their host country for business or employment opportunities.

Hitoshi Nogawa, 74, who leads the plaintiffs and serves as head of the Japanese community in Basel, Switzerland, said he needed Swiss citizenship to enable his company to participate in defense-related public works projects in the country.

Another plaintiff said it is common practice for Japanese expatriates to use their Japanese passports only when they return and leave Japan. Inside their host country, they use the citizenship they have acquired there for business.

It is widely believed that many Japanese with dual citizenship have not declared their status. But not coming forward can lead to problems.

In 2016, questions arose about the nationality of Renho, an Upper House member who then headed the main opposition party. She was born in Japan to a Taiwanese father and Japanese mother, and doubts were raised that she had renounced her Taiwanese citizenship under the Nationality Law. She produced documents showing she did so in 2016.

According to the Foreign Ministry, about 460,000 Japanese with resident status were living overseas as of October 2016. It was not clear how many of them actually held more than one nationality.

Justice Ministry statistics showed that the number of Japanese who renounced their Japanese nationality after selecting a foreign citizenship or for other reasons ranged from 700 to 1,000 annually between 2012 and 2016.
========================
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Wash Post: “NBC apologizes to Koreans for Olympics coverage praising Japan’s brutal occupation”, rightly so

Posted on February 14, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. PyeongChang. It’s Olympics time again, and, as long-time readers know, I’m a fan of the athleticism but not the nationalism (and inevitable comparisons of strengths and weaknesses along national lines) that is endemic to bordered sports. Too many people compete for glory as representatives of whole societies, not for individual bests, and that particularly takes a toll on Japan’s athletes.

I’ve been a relentless critic of Japan’s sports commentary, but now that I’m watching it in the US, fair game. I was quite incandescent with rage at times listening to NBC’s stupid, overgeneralizing, and often borderline racist commentary of the Opening Ceremonies. (One of the most annoying was when Katie Couric noted how internet addiction is allegedly a problem in South Korea, and used it as a segue into a shameless plug of her upcoming show on internet addiction in America; and this relates to the Olympics how!?)

Fortunately, I was not alone, and Korea protested not only the overgeneralizations, but also the ahistorical comments that were ill-considered. Fortunately, NBC apologized (and told the press that the offending commentator’s “assignment is over”), which is better than I’ve ever seen NHK do for its nasty coverage. Here’s the Washington Post on the issue. Dr. Debito Arudou

////////////////////////////////////////////
NBC apologizes to Koreans for Olympics coverage that praised Japan’s brutal occupation
By Avi Selk February 11, 2017
https://www.washingtonpost.com/news/arts-and-entertainment/wp/2018/02/11/nbc-apologizes-to-koreans-for-olympics-coverage-that-praised-japans-brutal-occupation/

Friday’s Opening Ceremonies for the Winter Olympics in South Korea were, by most accounts, spectacular. NBC’s coverage of the spectacle, on the other hand, was considered hit and miss. Occasionally disastrous.

It wasn’t so much the hosts, Katie Couric and Mike Tirico, who annoyed critics, but rather the network’s analyst, Joshua Cooper Ramo.

Slate wrote that Ramo’s commentary amounted to bland trivia about Asia “seemingly plucked from hastily written social studies reports” — such as his observation that white and blue flags stood for North and South Korean unity. Variety compared his commentary to a Wikipedia article.

But Ramo’s big misstep came when he noticed Prime Minister Shinzo Abe of Japan in the crowd and offered what he knew about the country’s history with Korea.

Japan was “a country which occupied Korea from 1910 to 1945,” Ramo said, correctly (though he did not mention that historians say the Japanese army forced tens of thousands of Koreans into sex slavery.)

“But,” Ramo continued, “every Korean will tell you that Japan as a cultural and technological and economic example has been so important to their own transformation.”

This was definitely not correct. Every Korean did not agree that Japanese colonialism had its upside. In fact, thousands signed a petition demanding that NBC apologize for Ramo’s statement.

“His incorrect and insensitive comment about Korea’s history has enraged many of its people,” the Korea Times observed.

“Some say it’s questionable whether Ramo has been even following the news leading up to the current Olympics, as some of the disputes between South Korea and Japan erupted even during the preparation phase of the games,” the Korea Herald added, mentioning as an example the unified Korean flag that Ramo liked so much.

In fact, the Herald reported, an earlier flag design had outraged Japan because it included a group of islets still claimed by both countries.

Japan and South Korea have not even fully reconciled over atrocities committed during the occupation. While the Japanese government has expressed remorse and set up a fund in the 1990s to help victims it once referred to as “comfort women,” some politicians and academics claim estimates of 200,000 sex slaves are exaggerated. Many South Koreans, in turns, compare those skeptics to Holocaust deniers.

The morning after the Opening Ceremonies, NBC apologized for Ramo’s remarks. “We understand the Korean people were insulted by these comments,” an anchor said during a Saturday broadcast, according to MSN.

In a statement to The Washington Post, NBC Sports said that the network also apologized in writing and that “we’re very gratified that [the PyeongChang Olympics] has accepted that apology.”

Yahoo Sports reported this was the second time that Ramo, who co-directs a think tank founded by former secretary of state Henry Kissinger, has appeared as an Olympics analyst for NBC. He shared an Emmy Award for his commentary during Beijing’s Summer Games in 2008.

Ramo could not be immediately reached for comment. An NBC official told The Post that his assignment is over.
ENDS
==============================================

New Years Eve 2017 TV Blackface Debate in Japan (again): Referential Links

Posted on January 10, 2018January 10, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. With the recent broadcast of an “Eddie Murphy homage” (with Japanese tarento Hamada Masatoshi doing blackface) on one of the most-watched shows in Japan all year, Debito.org feels a need at least to mention that there is a hot debate going on about whether Blackface is appropriate in other societies (such as Japan) with a different history of race relations.

(Courtesy of The Japan Times)

My opinion is that doing Blackface is almost always a bad thing, due to its historical connotation regardless of context. And I add the caveat of “almost always” while struggling to think of any exception, except for purposes of historical grounding behind the issue. (And it’s not limited to blackface: Debito.org has covered racialized media in Japan, broadcast without input from the minorities affected, many times in the past, including here, here, here, here, here, here, here, here, here, here, here, and here.) And the fact that this is happening again despite a similar Blackface incident not two years ago (which ended up with the broadcast being cancelled a priori) is merely willful ignorance on the part of Japan’s media outlets.

But that’s all I’ll say. I think Baye McNeil has a lock on the issue, and I’ll just refer Debito.org Readers to his most recent Japan Times column, at https://www.japantimes.co.jp/community/2018/01/10/our-lives/time-japan-scrub-off-blackface-good/

Even better is a YouTube panel discussion sponsored by The Japan Times that involves McNeil, Anthropologist Dr. John G. Russell of Gifudai, and YouTuber Aoki Yuta.

Dr. Russell’s comments about Japan’s history with Blackface (there is in fact a history, despite the narrative that Japan is ignorant therefore innocent) are particularly salient. Watch if you want a definitive conclusion to the issue of Blackface in Japan for yourself. Dr. Debito Arudou

XY: My experience with a Harajuku shop keeper – “F*ckin Foreigner kill” racist signs and threatened violence

Posted on December 20, 2017January 17, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. We’ve covered this “F*ckin Foreigner kill” Harajuku store called “Richards” before on Debito.org, and obviously media attention hasn’t deterred this nasty shop from putting up nasty anti-foreigner signs. Now, according to customer [whom I will anonymize as XY], the manager bullied her as a customer with verbal abuse and threatened her with violence. And the local police refused to do anything about it. This is beyond the pale, and XY intends to fight it. Good for her, and Debito.org puts this up as a matter of record at her request to draw attention to the issue. Dr. Debito Arudou

Richards Harajuku Maruichi Blog. 1F, 1 Chome-6-11 Jingūmae, Shibuya-ku, Tōkyō-to 150-0001

Phone: 03-5410-0069

////////////////////////////////////////////////
From: XY
Subject: My experience with a Harajuku shop keeper – racist signs and threatened violence
Date: December 19, 2017
To: debito@debito.org

Hi Debito,
I’m a long-term resident of Japan and I’m writing to you to share and get you to share my encounter yesterday with a racist shopkeeper in Takeshita dori in Harajuku.

It started with racist signs and ended with him threatening me with violence.

Sample signs (dated December 18, 2017):

Full report:
===========================

This happened to me today – my experience with a racist violent shopkeeper in the center of Tokyo’s busiest tourist town.
Warning … horrible language- completely NSFW or children.

Today I went to Harajuku and while I was there I did a little shopping. I went to buy a cute bag in this shop in Takeshita dori and realised that the shop had startlingly crude insulting signs up aimed at foreigners (non- Japanese).

I originally thought that it might have been because of an ignorance of English, but when I spoke to the shop keeper he said “Nihon wa jiyu na Kuni” (Japan is a free country) and I realised he meant every word.

Now I understand that he was getting annoyed that people were taking photos and not buying things, but that level of insulting hate driven language is never okay, and especially not in a place where children may go.

I even told him that I was buying it for my child, and that I would have brought my child there… and it was not something that a child should be exposed to. He didn’t care.

At that point I decided that there was no way I was going to spend any money in his shop, and anything I bought there would just feel bad so I told him that I no longer wanted the bag.

He cursed me out for being cheap and wasting his time (although in fact I was going to buy the bag and already had my money out).

Later after I had finished my other business I decided to get photos of the signs so I could publicize his nastiness, so I went back to the shop and took photos.
He yelled at me to stop taking photos and I told him I was only taking photos of the signs and not of his merchandise.

Then he grabbed something and went to hit me with it.
I screamed in shock and ran out of the shop.

Totally shaken by this experience I decided to walk down to the large police station around the corner. I wanted to make a report because I felt it needed to be on record.
The police refused to take a report and told me I should call 110 next time.

UPDATE DEC 28: I have realised that the police insistence I give the exact address before they could make a report was most likely a measure to deflect me. I had a photo of the shop front with the shop name clearly written which I showed to them.

I was already appalled by his signs, but then when he topped it off with attempted assault made me worry about what else he has done to foreign tourists or what he will do.
I’m amazed that the local business groups aren’t doing anything to stop him ruining their image with foreign visitors.

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

I’ve made this report public so that it can be shared, and I am giving everyone permission to share and use it.

I’m also happy to answer questions and do what needs to be done to get the word out and stand up to a bully like him.

I’m glad you are here fighting the fight for all of us. It needs to be done and I intend to fight this.

Sincerely,
XY

//////////////////
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Bitcoin purchasing and racial profiling by Quoinex and BITPoint Japan: Hurdles for NJ customers only

Posted on December 3, 2017 by Debito Arudou Ph.D.

mytest

Hi Blog. We’ve talked before about differing standards for NJ in regards to equal treatment as consumers, customers, residents and taxpayers, equal pricing for services, and access to credit. Now here’s another report about barriers for NJ only to purchase Bitcoin, the international cryptocurrency, in Japan.

I didn’t know much about Bitcoin until recently (here’s a good primer from NPR’s Fresh Air with Terry Gross), but now it’s become a legitimate currency, accepted by the likes of Microsoft for payment, so denial of access to it affects Japan’s NJ residents’ abilities to pay a bill easily, quickly, and without extortionate bank fees. (Especially ironic is that the pseudonym for Bitcoin’s creator is “Satoshi Nakamoto”, but never mind.)

I’ll let Debito.org Reader Shiki take the keyboard from here with his report. Dr. Debito Arudou

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

From: Shiki
Subject: Discrimination of good and services based on nationality
Date: December 2, 2017
To: debito@debito.org

Hello Dr. Debito,

Recently, because of the Bitcoin fever, I’ve been looking at bitcoin and other crypto exchanges in Japan, and signing up for almost every single one of them.

Most of them have presented no problem, they follow the law in which they have the obligation to ask for an official ID, just like PayPal does in Japan, for which I have been sending the front of my Personal Number Card (My Number Card), and then they send you a post card to your address to confirm you actually live there.

That’s what these exchanges and basically any virtual money company in Japan is required to do by law.

That’s except for 2 exchanges, Quoinex and BITPoint.

The law states that any valid official ID can be used, but these 2 exchanges only accept a Resident Card for foreigners, and Quoinex go so far as to ask for a passport to those individuals who are Japanese but are “suspected” of being foreigners from their names, etc. (basically racial profiling).

The following is the conversation I had with the support staff from Quoinex who, after more than a week after I sent all my info in, told me “My documents didn’t match”.

—————————
QUOINEX Support (QUOINEX Japan)
Nov 15, 3:08 PM JST
平素より大変お世話になっております。
QUOINEX運営事務局でございます。
このたびは、弊社に口座開設をお申込みいただき誠に有難うございます。
口座開設審査にあたり、下記項目に関しましてご返信いただきますようお願い申し上げます。
【氏名の表記につきまして】
申込時にご入力いただいた氏名と本人確認書面に記載の氏名に相違がございました。
恐れ入りますが、正確な氏名とフリガナをご教示いただきたくお願いいたします。
氏名：
フリガナ：
ご返信をいただき次第、口座開設手続きを再開させていただきます。
引き続きQUOINEXをよろしくお願い申し上げます。

—————————
Shiki
10日前
これはどういうことなのか全くわかりません。
今でももう一回確認しましたが、入力した名前と本人確認に使った書類には全く同じ名前が書いています。

—————————
QUOINEX Support
10日前
平素より大変お世話になっております。
QUOINE運営事務局でございます。
ご返信ありがとうございます。
このたびは、弊社に口座開設をお申込みいただき誠に有難うございます。
口座開設審査にあたり、下記項目に関しましてご返信いただきますようお願い申し上げます。
【国籍につきまして】
現在口座開設審査の手続きを進めており、その一環として国籍をご教示いただきたく
お願いいたします。
日本国籍でない場合は、下記の内いずれかの本人確認書面が
必要となりますのでご提出をお願いいたします。
・在留カード
・特別永住者証明書
・外国人登録証明書
日本国籍である場合は、確認の為下記の本人確認書面をご提出をお願いいたします。
・パスポート
ご返信をいただき次第、口座開設手続きを再開させていただきます。
引き続きQUOINEXをよろしくお願い申し上げます。

—————————
Shiki
10日前
申し訳ありませんが、法律上では外国人であっても個人番号カードは身分証明書になります。
法律上では在留カードの提示が必須となる場面は入国管理官や警察官に提示を命じた時のみとなります。
後、日本国籍ではパスポートのみというのは可笑しいですね。パスポートは本来誰でも持っている身分証明書のではなく、海外に行くときに使われる身分証明書のはずです。
そして、パスポート使わずQUOINEXでアカウントを開いている人知っています。
実際にあなた達のサイトでは私は出している個人カードが使えると書いております：
https://quoine.zendesk.com/hc/ja/article_attachments/115008790827/document_details.pdf
もし私の名前か顔で在留カードかパスポートのみというポリシーを取っているのであれば、それは法律上では人種差別的な行為になるます。

—————————

After this, I went to their public telegram group and posted about this, for which I received the following answer:

—————————
この度は当社の対応に気分を害されたとのこと誠に申し訳ございません。
QUOINE は犯罪収益移転防止法に則り口座開設審査を行っておりますが、仰るとおり本法律には国籍を聞くことまでは求められておりません。
ただし当社が内規として行うKYCスクリーニングのため、国籍情報を使用しております。そのため氏名等で外国籍の可能性のある方は、内部プロセスとして、上記のご案内を行っております。(実際に、外国籍で在留カード以外を提出される等の方がいるため)
金融庁登録の事業者としての責任を果たすため、上記プロセスをとっております。
ただプロセスについては改善途中でして、重ねてになりますが、今回の件について、お客様に不快な想いをさせてしまいましたこと誠に申し訳ございません。
—————————

What Quoinex basically says is that they are asking for “proof” of nationality as part of their KYC (Know Your Customer) policy, which somehow does not apply to people who are not suspected of being foreigners.

The other exchange, BITPoint, basically rejected my registration, and told me to send them both sides of the Resident Card, as the following main shows:

—————————
お客様へ
この度は、ビットポイント総合口座開設に必要な本人確認書類をアップロードしていただき、誠にありがとうございました。
さて、書類を確認させていただきましたところ、「在留カード両面」と「振込先金融機関の口座名義人（カナ）」の確認ができなかったため、
本人確認が完了しておりません。
度々申し訳ございませんが、当社では外国籍のお客様の口座開設の際には、「在留カード両面」と「振込先指定口座の口座番号および口座名義（カタカナ）」が
表示されている書類のコピーの提出をお願いしております。
大変お手数ではございますが、以下の本人確認書類アップロード用URLから、再度ご本人確認書類のご提示をお願い申し上げます。
弊社にて、お客様のご本人確認書類の確認が取れましたら総合口座の開設手続きは完了となり、お客様のご登録メールアドレスへ「総合口座開設完了のお知らせ」を送信いたします。
その後、ご登録住所へお取引に係る重要な情報を記載した『口座開設完了のお知らせ』を、簡易書留（転送不要）にて郵送いたします。
・在留カードの両面
・振込先金融機関の口座名義（カナ）が確認できる書面
（通帳の1ページ目など、ネット銀行等で通帳が発行されていない場合は、キャッシュカードやネット上で表示されてる部分をコピーの上アップロードをお願いいたします。）
本人確認書類アップロードURL
[Redacted]
本メールと行き違いで本人確認書類をご提示いただいておりました場合は、なにとぞご了承ください。
なお、このメールにお心あたりがない場合やご不明な点等がございましたら、大変お手数ですが下記カスタマーセンターまでお問い合わせくださいますようお願いいたします。
【弊社カスタマーセンター】
お問合せフォーム：https://www.bitpoint.co.jp/contact/
TEL：0120-210-040（平日9：00～17：00）
e-mail：support@bitpoint.co.jp
今後とも、ビットポイントジャパンをご愛顧賜りますよう、よろしくお願い申し上げます。
—————————
ENDS

Shiki: Let me be very clear, most exchanges do not ask for this. I registered with the major Japanese exchanges like bitFlyer and Coincheck among other minor exchanges. With all of them I used my Personal Number Card, and no one told me I had to do something different because of my face.

But like these 2 exchanges, more and more companies who like racial profiling are starting to ask for the Residence Card for extra-legal purposes, basically discriminating in the way people are able to open accounts or register to services based on their nationality unless you comply with some extra requirements.

One of the worst examples of this is AU [as did NTT and Softbank], which is starting to reject foreigners for buying phones in multiple payments, if the expiration of their current status in Japan does not exceed the payment timeframe for their phones, which is usually 2 years. This basically means that if your current stay permit is of 1 year, or your stay is about to expire in less than 2 years, you won’t be able to get a phone at the same price than Japanese people.

Let’s remember that the maximum stay period in Japan for most visas is of 5 years, and that you cannot renew your stay until 3 months prior to the expiration date of your current permit, which I would make the case that it excludes most foreigners under a non-permanent residency status.

“日本国籍をお持ちでない方で、在留期限がある方が個別信用購入あっせん契約をお申し込みされる場合、在留期限が確認できる書類および、クレジットカードが必要です。在留期限が分割支払い期間に満たない場合、個別信用購入あっせん契約をお申し込みいただけない場合がございます。”

Just like the My Number law states very clearly that it is illegal for someone who isn’t required by law to ask for your “My Number”, or taking copies of the part of your card which shows the actual number, I think we require a law to stop people who for asking for someone’s Residence Card if they aren’t legally required to do so. In some respects I would argue that the information inside the Residence Card is in many respects just as sensitive as your “My Number”, and asking for it is an invasion of privacy at best.

I’m also wondering if there is any law, even in those international agreements like the one used for the Otaru case, that makes it illegal to have different requirements based on someone’s nationality.

Sincerely, Shiki

ENDS

(Answer from Debito: There are laws protecting against unsanctioned Gaijin Card checks.)

Japan Times JBC 109: “‘Attach the evidence and wait for your day in court,’ says Turkish plaintiff after Osaka victory”

Posted on October 11, 2017October 11, 2017 by Debito Arudou Ph.D.

mytest

Hi Blog. More on the Yener Case, featured prominently on Debito.org in the past, in my latest JBC column. Dr. Debito Arudou

JUST BE CAUSE

‘Attach the evidence and wait for your day in court,’ says Turkish plaintiff after Osaka victory
By Debito Arudou
Just Be Cause column 109 for the Japan Times Community Page, October 12, 2017
Courtesy https://www.japantimes.co.jp/community/2017/10/11/issues/attach-evidence-wait-day-court-says-turkish-plaintiff-osaka-victory/

On Aug. 25, the Osaka District Court handed down a landmark ruling in a discrimination lawsuit.

Ibrahim Yener, a Turkish national and 14-year resident of Japan, was refused service last October by an Osaka used car dealer, which stated in an email (text at www.debito.org/?p=14743) that they would not serve foreign customers. The car company also stipulated that even if the customer legally holds Japanese citizenship, they would only sell to people who could “hold their own (sonshoku ga nai) against native speakers” in terms of Japanese language ability (as determined solely by the car company).

Yener felt this was discriminatory, filed suit and won. The presiding judge said that it “was based on prejudice that a foreigner would cause trouble and does not justify the discriminatory treatment.”

But what made this case particularly noteworthy is that Yener navigated Japan’s legal system all by himself — without a lawyer.

Thus this case offers potential lessons for other non-Japanese or international Japanese who face similar discrimination. JBC contacted Yener last week to find out more about the thinking behind bringing the case.

What motivated you to file the lawsuit? Were you trying to show the public that it could be done without a lawyer? Or were you just angry after all the other cases of discrimination you say you faced? What made you say “Enough is enough!”?

I faced so many discrimination issues during my 14 years in Japan. I will give you two examples: […]

Read the rest at https://www.japantimes.co.jp/community/2017/10/11/issues/attach-evidence-wait-day-court-says-turkish-plaintiff-osaka-victory/

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

“Japanese Only” rules mutate: Hagoromo-yu, a bathhouse excluding LGBT in Shibuya-ku, Tokyo, in reaction to local same-sex-partner ordinance

Posted on September 29, 2017September 29, 2017 by Debito Arudou Ph.D.

mytest

Hi Blog. As Debito.org has argued for decades, if you don’t make discrimination explicitly illegal, it spreads and mutates.

Now we have a bathhouse (the most famous type of “Japanese Only” businesses in Japan) named Hagoromo-yu, in cosmopolitan Shibuya-ku, Tokyo, which has a sign up explicitly refusing custom to all LGBT customers “who don’t follow rules and morals, or don’t practice moderation” (setsudo o mamoru).

But here’s the nasty kicker (and brazen nastiness seems to be the hallmark of Japan’s excluders these days; just consider the antics of Osaka car dealer Autoplaza in the recent Yener Case). The sign even includes this iyami on the bottom, striking back against the unusual progressiveness of the local government:

“Shibuya-ku has established the ‘same-sex partners ordinance’, but we at this store will refuse service to any LGBT customers who who don’t follow rules and morals, or don’t practice moderation.”

How nice. Here’s where this place is located, for the record:

料金：入浴料 460円／サウナ使用・入浴料 1,000円
営業時間：14：00 ～深夜 1：00 (日曜日は14：00 ～深夜 24：00)
住所：東京都渋谷区本町3-24-20

Hagoromo-yu, 〒151-0071 Tokyo, Shibuya, Honmachi, ３−２４−２０　Tel. 03-3372-4118, no dedicated website.

Courtesy of TL on Sept. 4, 2017. Although this isn’t explicitly a Debito.org issue (on the treatment of International Residents and Visible Minorities in Japan), this is still an issue of minority treatment, and as such warrants a mention. Feel free to give them a piece of your mind, as “moderately” as you like. Dr. Debito Arudou

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

Plaintiff Ibrahim Yener provides Debito.org with details on his successful lawsuit against “Japanese Only” Nihon Autoplaza car company

Posted on September 15, 2017September 15, 2017 by Debito Arudou Ph.D.

mytest

Hi Blog. As mentioned in the previous blog entry, Osaka resident Ibrahim Yener won his court case against a car company that refused him on the grounds (the company claims after the fact in court) of being a foreigner with insufficient Japanese language. However, Mr. Yener has just written in to Debito.org with more detail on his case, making it clear below that arbitrary language barriers were merely a ruse to refuse all “foreigners” (even those with Japanese citizenship) their business. Fortunately, the exclusionary Defendant’s reasoning didn’t wash in court.

The Defendant, not mentioned in the Asahi article in the previous blog entry, is Nihon Autoplaza, and they offer services such as buying used cars on Japan’s very vibrant second-hand automobile auction market. (I have bought cars through that auction system before, and lack of access to it will have a significant impact on your ability to get a used car affordably in Japan, something quite necessary for people in Japan’s ruralities or for small businesses.)

More detail follows from Mr. Yener himself, writing directly to Debito.org. Reproducing with permission. Well done, sir.

One more takeaway from this case is that, according to Mr. Yener, the Defendant acted even more idiotically in court, angering the judge. So I’m worried that this case might not have been as slam-dunk as it might seem for future victims of “Japanese Only” businesses who want to sue (because a lawsuit is the only real option Japan’s international residents have to protect themselves against discrimination). Dr. Debito Arudou

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

From: “Ibrahim YENER”
Date: September 15, 2017
To: <debito@debito.org>

Dear Dr. Debito Arudou.

My name is Ibrahim YENER. I am the guy who took legal action against Japanese company.

You’re probably wondering where all those things started from.
Let me make a brief explanation.

Last year, I contacted that company to buy a used car through their web page contact form.

The very next day I got an e-mail (I am going to paste the entire reply below this mail) from that company saying they are not going to send me papers because of I am foreigner. Also EVEN IF a foreigner became a Japanese citizen they still won’t send it.

So, next day (20th of October) about 11am I contacted them by phone and I told the boss of that company that one of his employee sent me something weird by mistake. Even that time I was giving him a chance to apologize.

Then I asked him, did you guys really think about if I take you to court?

And what made me angry was his answer: “Do whatever you want.”

So, at that point I knew I have no opportunity but take this case to court.
Because, I faced so many discrimination cases in Japan in 14 years.

But this time I decided to stand and fight instead of be quiet.

Anyway, that sick-minded person shows up at court room with a mask on his face.
And the judge asked him to remove that mask, but he replied, “There is a foreigner here. I have to protect my privacy.”

The judge became so angry and told him that “Here is court room, there is no privacy in here. Either you take that mask off or leave the court room”.

So, he replied, “Let me think about it”.

The judge told him that “I am not asking you to remove that mask off, I am ordering you to take that mask off or leave immediately.”

At that moment, I knew I won the case, but I prepared myself for high-court just in case the court will decide it was not discrimination.

Anyway, if you have any questions, I will be very happy to answer them.

Here is the original mail from that company:

—–Original Message—–
From: 日本オートプラザ　山下 [mailto:japan_support@autoplaza.co.jp]
Sent: Wednesday, October 19, 2016 18:21
To: Yener Ibrahim
Subject: 【日本オートプラザ】資料請求につきまして

Yener Ibrahim　様

お世話になっております。

大変申し訳ございませんが、当社ではご加盟頂く際の審査基準として
日本国籍の保有者の方を対象としておりますので
外国人の方には資料の送信を見合わせて頂いております。

また、日本国籍をお持ちであったとしても
日本語の能力にも問題が無いと弊社が判断した際にのみ
弊社と加盟契約が可能となります。

したがいまして、日本国籍をお持ちであり、
日本語の能力もネイティブと遜色が無いという場合には
再度ご連絡頂けば資料を送信させて頂いておりますが
日本語の能力につていては、最終的には弊社が判断し、
不十分な場合には加盟契約を受け付けておりませんので予めご了承ください。

———————————————————————–
株式会社日本オートプラザ
本社　〒532-0011大阪市淀川区西中島６丁目２−３チサン第7新大阪ビル8F
ｔｅｌ：06-6101-0015　fax：06-6101-0016
東京支社　〒111-0053東京都台東区浅草橋５−２−１４浅草橋ハイツビル3F

http://www.autoplaza.co.jp/
————————————————————————
—–Original Message Ends—–

Regards,
Ibrahim YENER
//////////////////////////////////////////

Translation of the email from Nihon Autoplaza by Debito:

To: Ibrahim Yener
From: Mr. Yamashita, Autoplaza

Thank you for your email.

We are sorry but our company’s screening standards for accepting members are applicable to people with Japanese citizenship, so we will not be sending our materials to a foreigner.

In addition, even if the applicant has Japanese citizenship, our company only allows membership contracts from those who have been determined by our company to have no problems in Japanese language ability.

Therefore, even if someone has Japanese citizenship, and can hold their own (sonshoku) against someone with native ability in Japanese, we can send you our materials if you contact us again, but in terms of determining Japanese language ability, the final decision rests with our company, so kindly understand in advance that we will not accept an application if we decide the Japanese language is insufficient.

Nihon Autoplaza KK
Osaka-shi Yodogawa-ku Nakashima 6-2-3, Chisan Dai 7 Shin-Osaka Bldg. 8F
tel：06-6101-0015　fax：06-6101-0016
ENDS

=====================================
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NJ Osakan Ibrahim Yener wins lawsuit against “Japanese only” car dealer

Posted on September 10, 2017September 15, 2017 by Debito Arudou Ph.D.

mytest

Hi Blog. Good news. Another NJ wins in court against a “Japanese Only” establishment, this time a car dealer who wouldn’t send Osakan Plaintiff Ibrahim Yener information about their goods because he’s a foreigner.

Yener joins the ranks of Ana Bortz, the Otaru Onsen Plaintiffs, and Steve McGowan, all of whom won and/or lost in court in varying degrees.

The positive thing to note here is that Mr. Yener filed suit all by himself, without legal representation, and still won. He no doubt had the company dead to rights because he had their refusal in writing. That means that anyone else with a case as watertight as his can also take it to court and win, and I advise people to do so whenever possible.

The negative thing to note here is that once again the award amount has been reduced. In the Bortz Case, the award was 2 million yen, in the Otaru Case it was 1 million yen per plaintiff, and in the McGowan Case, after a ludicrous defeat in lower court, it was eventually only 350,000 yen on appeal, which didn’t even come close to covering his legal fees. In the Yener Case, it’s now been reduced to a paltry 200,000 yen, which means it’s a good thing he didn’t seek legal representation.

(And as the article notes, the discriminator is thinking of appealing, claiming this amount — essentially pocket change for a company — is too high. The idiots also try to make the common excuse that “Japanese Only” alludes to a language barrier, not a racial one; nice try, but didn’t hold up in court.)

Anyway, glad that Mr. Yener won. It’s just a pity that after all this time and effort, there isn’t any deterrent of punitive damages against racial discriminators. That’s why we need a criminal law against racial discrimination in Japan — because the excuse the Japanese government officially keeps making (that laws are unnecessary because there is a court system for redress) becomes less compelling with every lawsuit filed. Dr. Debito Arudou

UPDATE: Ibrahim Yener writes to Debito.org directly to provide more details on his case.

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

Turkish man wins solo battle in fight against discrimination
By SATOKO ONUKI/ Staff Writer
Asahi Shinbun, September 4, 2017, courtesy lots of people
http://www.asahi.com/ajw/articles/AJ201709040042.html

PHOTO: Ibrahim Yener, a 40-year-old Turkish national, in Osaka’s Kita Ward on Aug. 29. He successfully fought a court battle against a car dealer that declined to offer information about a used car on grounds Yener does not have Japanese citizenship. (Satoko Onuki)

OSAKA–Incensed at a car dealer’s refusal to send him literature on its range because he is not Japanese, Ibrahim Yener, a Turkish national, decided to wage a legal battle against the company for discriminating against a foreigner.

And Yener, who is 40 and a resident of Osaka, did it all alone–without a lawyer to represent him.

He said he opted out of hiring legal representation because he was confident his claim “is 100 percent legitimate.”

Yener went online to learn how to write a complaint to the court in Japanese and got friends to help him.

His complaint seeking 1 million yen ($9,090) in damages, filed with the Osaka District Court in March, reads: “I was informed by a company official that they will not serve foreigners.”

On Aug. 25, his efforts paid off.

The court ordered the company to pay Yener 200,000 yen in damages for “discriminating against him merely on grounds that he is a foreign national.”

Yener’s quest for equal treatment began when he made an online request last October for information on a second-hand car he was thinking of buying from the Osaka-based dealer.

The company replied: “We serve only those with Japanese nationality, and we do not meet requests for information from foreigners.”

Yener, a big fan of Japan and its culture, arrived in 2003.

His fascination with Japan began after he watched “Seven Samurai” by internationally-renowned filmmaker Akira Kurosawa while he was still back in his home country.

After his arrival in Japan, he studied the language in earnest and has worked for an information technology company and other businesses.

On occasion Yener had been distressed to hear people ridicule foreign nationals who cannot read kanji. He said there are times when he feels he is not treated “as an equal.”

“Regrettably, many people in Japan, not just the car dealer, think that they can discriminate against foreigners,” he said. “Since I admire Japan, I am very saddened by that.”

Many of Yener’s work colleagues sympathized with his plight and extended their assistance when he took the case to court.

“The lawsuit represents more than his personal battle as it raises an important question for everyone who lives in Japan,” said a colleague.

Preparing the documents was an enormous effort, and Yener was forced to take a day off from work so he could testify in court.

Nevertheless, Yener felt he was on a mission and prepared to fight to the end.

“Our world is certainly becoming a better place, compared with 100 years ago,” he said. “We can enjoy today’s world because people in the preceding era plucked up the courage and challenged (what was unreasonable). I, too, fought for people who will live in this society 100 years from now.”

The president of the car company said he is considering filing an appeal, adding that the sum ordered by the court is too high.

“Our original intention was to refuse to serve people who have difficulty understanding Japanese,” he said.
ENDS

UPDATE: Ibrahim Yener writes to Debito.org directly to provide more details on his case.
=========================
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“Japanese Only” signs come down in Monbetsu, Hokkaido. Finally. It only took 22 years.

Posted on August 30, 2017September 4, 2017 by Debito Arudou Ph.D.

mytest

Hi Blog. Good news. A couple of weeks ago, friends Olaf and James wrote in to say that they went down Hamanasu Doori in Monbetsu, a seaport town in Eastern Outback Hokkaido. Here’s what book “Embedded Racism” Ch. 3 has to say about this case (expanded from the original entry on the Rogues’ Gallery of Exclusionary Establishments on Debito.org):

============================
Monbetsu, Hokkaidō

Place: Miscellaneous places around Monbetsu City (Hokkaidō) (two public/private sector bathhouses, a ramen shop, a restaurant, a karaoke parlor, and more than 100 bars).

Background: According to newspaper articles, plus several visits and interviews between 2000 and 2009 by the author and other activists, since 1995 Monbetsu’s local restaurateurs’ association (inshokuten kumiai) created and sold standardized signs in Cyrillic saying “Japanese Only Store” (Nihonjin sen’yō ten) that went up on over 100 bars and restaurants in the Hamanasu Dōri nightlife district. Interviews with bars displaying the signs revealed fears of Russian sailors’ custom, including the language barrier, drunken unruliness, nonpayment of bills, rumors of rape, surrounding Japanese customer dissatisfaction, and ties to Russian organized crime (although many interviewees said they had no actual experience with any of these issues – the sign was a preventive measure); some refused the author’s business even though he is not Russian and was accompanied by other Japanese. Three restaurants and a karaoke parlor expressed similar sentiments, and said they would have refused the author had he not been a fluent Japanese speaker. Two bathhouses (one private-sector, one public/private (dai-san sekutā)) claimed drunk and unruly Russian bathers were driving away Japanese customers).

Action taken by observers/activists: In July 2000, the Japanese Ministry of Justice, Bureau of Human Rights (jinken yōgobu) Asahikawa Branch wrote a letter (see ER Chapter Eight) to the restaurateurs’ association calling their activities “clear racial discrimination against foreigners,” demanding they remove their exclusionary signs. In an interview with the author in April 2001, the kumiai head claimed that these signs were now the property of their respective purchasers, and what they did with them was not their concern. After extensive media exposure of the situation in local newspapers and national TV between 2000 and 2005, signs began coming down, and further interviews and media exposure of the restaurants, karaoke parlor, and the bathhouses resulted in exclusionary rules being rescinded in the karaoke parlor, one restaurant and the public/private-sector bathhouse. In 2006, an interview with another restaurant enabled the author to personally take down one of the Cyrillic signs with permission. In 2004, the author and one other activist submitted a petition (chinjō) to pass a local anti-discrimination ordinance (jōrei), which subsequently died in committee.

Current status (as of end-2014): Confirmed in January 2010, at least sixteen of the original mass-produced Cyrillic signs are confirmed as remaining on the storefronts of Hamanasu Dōri bars and one restaurant. The private-sector bathhouse still has an exclusionary sign, but will let in “foreign” clientele if they speak a level of Japanese that satisfies the manager on duty. One of the former exclusionary restaurants went bankrupt in 2007. Monbetsu still has no anti-discrimination ordinance.

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

So the update is: The exclusionary signs are down in Hamanasu Doori. Pity it only took 22 years for it to happen, apparently by attrition. No thanks to the Monbetsu City Government, natch. Dr. Debito Arudou

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

My Japan Times JBC 108: “In wake of Charlottesville, U.S. should follow Japan and outlaw hate speech”, Aug 24, 2017

Posted on August 23, 2017 by Debito Arudou Ph.D.

mytest

JUST BE CAUSE

In wake of Charlottesville, U.S. should follow Japan and outlaw hate speech
BY DEBITO ARUDOU
THE JAPAN TIMES AUG 23, 2017

Let’s talk about Charlottesville.

As you probably heard, two weeks ago there was a protest in a small Virginia town against the removal of a statue of Robert E. Lee, a Confederate general who defended slavery in the American South. Various hate groups, including white supremacists, neo-Nazis and the Ku Klux Klan, assembled there with shields, weapons, fascist flags and anti-Semitic slogans. They were met with counterprotest, and things got violent. A supremacist slammed his car into a crowd of counterprotesters, killing one and injuring 19.

Charlottesville has shaken hope for a post-racial America to the core. But before readers in Japan breathe a sigh of relief and think, “It couldn’t happen here, not in peaceful Japan,” remember this:

Japan has also had plenty of hate rallies — there was about one per day on average in 2013 and 2014, according to the Justice Ministry. Rightist xenophobes and government-designated hate groups have assembled and held demos nationwide. Bearing signs calling foreign residents “cockroaches,” calling for a Nanking-style massacre of Koreans in an Osaka Koreatown, even advocating the extermination of “all Koreans, good or bad,” Japan’s haters have also used violence (some lethal) against the country’s minorities.

As JBC has argued before (“Osaka’s move on hate speech should be just the first step,” Jan. 31, 2016), freedom of speech is not an absolute. And hate speech is special: It ultimately and necessarily leads to violence, due to the volatile mix of dehumanization with flared tempers.

That’s why Japan decided to do something about it. In 2016 the Diet passed a law against hate speech (albeit limiting it to specifically protect foreign residents). And it has had an effect: Japanese media reports fewer rallies and softer invective.

America, however, hasn’t gotten serious about this. It has no explicit law against hate speech, due to fears about government censorship of freedom of speech. Opponents argue that the only cure is freer speech — that somehow hate will be balanced out by reasonable and rational counter-hate. That persuasion will win out.

But in 2016, it didn’t. Hate speech is precisely how Donald J. Trump got elected president…

Read the rest at: https://www.japantimes.co.jp/community/2017/08/23/issues/wake-charlottesville-u-s-follow-japan-outlaw-hate-speech/

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

Posted on June 6, 2017 by Debito Arudou Ph.D.

mytest

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

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

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

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted on May 12, 2017May 12, 2017 by Debito Arudou Ph.D.

mytest

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

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

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

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

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

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

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

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

PDF versions here (click on link):
Kurosu2
KurosuArticleJP

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

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

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

Posted on May 7, 2017May 12, 2017 by Debito Arudou Ph.D.

mytest

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

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

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

Dear Debito,

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

acetaminophen:

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

clarithromycin:

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

Huscode 741 combo pills

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

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

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

Sincerely yours, StrepThroat

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

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

Posted on January 3, 2017January 12, 2017 by Debito Arudou Ph.D.

mytest

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

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

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

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

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

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

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

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

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

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

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

Japanese version:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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CR on how Japan’s blue-chip companies (Canon) get around new Labor Contract Law: Special temp job statuses and capped contracts for NJ

Posted on December 13, 2016December 11, 2017 by Debito Arudou Ph.D.

mytest

Hi Blog. Here’s a submission from Debito.org Reader CR, about the application of the “five year rule” of Japanese Labor Contract Law in Japan’s blue-chip companies. Although the 2013 revision in the law was meant to say, “five years of contract renewals means you must rehire the person as a regular employee (sei sha-in) without a contract” (which would end the exploitative system of unstable employment through perpetual contracting), it’s had the opposite effect: encouraging employers to cap the contracts at five years. Meaning that starting from April 1, 2018, five years since the revised Labor Contract Law took effect, we’re expecting to see a mass firing of Japan’s contract laborers.

This is precisely what has been happening to Japan’s non-tenured foreign academics for generations in Japan’s Academic Apartheid System, with the occasional “massacre” of older Japanese contracted academics just to save money, but now it’s being expanded systemwide to the non-academic private sector. We’ve seen rumblings of its application at Tohoku University for everyone. But of course we have to make it even worse for foreign workers: At Canon, one of Japan’s flagship companies, NJ are being given special “temp” employment categories with contracts explicitly capped at five years from the outset. One more reason to read your employment contracts carefully, if not avoid entirely the increasingly unstable and segregated jobs in Japanese companies. Dr. ARUDOU, Debito

——————————————–

From: CR
Date: December 8, 2016
Hi Debito,

Long-time reader, few-times commenter. I’m contacting you because I think this would be a good follow-up to your post about the 5-year massacre issue.

I work as a translator for Canon. Although I don’t work at the 本社 (HQ), I am a Canon Inc. employee.

First, let’s just get this out of the way: you are welcome to use any information I provide here in your blog (and I am willing to get additional information as far as I am able), but I would prefer to remain anonymous.

At Canon, NJ are hired as “プロ社員” (pro sha-in), which basically means “contract employee”. Note that there is also a “Jプロ社員” (J-pro sha-in) category, as Japanese can also be hired as contract employees (my understanding is Japanese who are 中途採用 (chuuto saiyou, or halfway hires) start as contract employees, but can move to 正社員 (sei sha-in, or regular non-contract workers) within a year or two; I don’t know the conditions for this, however).

The contracts are typical one-year contracts with the option of renewal, provided renewal is the desire of both parties; basically the standard you would expect. As you know, in 2013 the revision to the Labor Contract Act came into effect, essentially giving contract employees an avenue to become 正社員 regular non-contract workers after five years of continuous, contract-based employment (the earliest this could happen for an employee is then April 1, 2018). This, presumably, was designed to help people like myself achieve greater employment security.

Here’s the thing. Apparently, after the revision to the law, and I’m not sure of the exact date that they started doing this because to my knowledge there are not really frequent hirings of NJ and nobody I’ve spoken with seems to know, NJ hires have a clause in their contract stipulating that there will be no further renewal after their period of employment reaches the 5-year mark. Potential hires are informed of this before or during the interview process, apparently, so those in the know can make an informed decision. However, it is also my understanding that there are people who were hired before this change took place and are being grandfathered in; in other words, the 5-year limit clause is not being added to their contracts, and presumably they will be able to become 正社員 when the time comes, but newer NJ hired will not.

Obviously I’m pretty incensed about this, it’s difficult to work in an environment where there are clear discriminations such as this. Note that while I believe the discriminations are racially-based, the only thing that is visible is based off nationality. I don’t know how the company handles NJ who have naturalized, or even if any naturalized Japanese citizens are among the employee ranks. It rankles even more because there are always various “Compliance”-related initiatives, announcements, and activities, to show employees how important it is to play fair, not discriminate, follow the rules and the law, etc.

So, big, established, famous, international Japanese companies are already putting discriminatory clauses that violate the spirit, if not exactly the letter, of the law into the contracts of NJ. Also, this effectively puts the kibosh on any potential promotions of NJ; you cannot be promoted as a contract employee. The glass ceiling is alive and well.

It would be nice to this get some attention and change as a result, but I won’t hold my breath about changes, at least.

All the best, CR

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

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Japan Times: “Riding while foreign on JR Kyushu can be a costly business” (re train ticket discounts in Japanese only)

Posted on December 8, 2016December 8, 2016 by Debito Arudou Ph.D.

mytest

Hi Blog. First have a read of this article, and then I’ll comment:

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

Riding while foreign on JR Kyushu can be a costly business
BY LOUISE GEORGE KITTAKA
The Japan Times Community Page, DEC 4, 2016
http://www.japantimes.co.jp/community/2016/12/04/how-tos/riding-foreign-jr-kyushu-can-costly-business/

The last column of the year starts off with a problem regarding buying JR train tickets in Kyushu. Reader A writes:

I thought you might be interested in this issue that I encountered when using an automatic ticket machine in Hakata Station, Fukuoka.

Because I don’t read Japanese so well, I changed the machine to English language. As I went through the menu I could not select the “nimai-kippu” (two tickets of the same type) option, which offers a discount. The only options I had were two individual tickets — if I recall correctly the price difference was ¥2,000. I canceled the sale and went to the counter and had a conversation with the clerk, who confirmed that once English is selected, the cheaper two-ticket option wouldn’t be offered.

I was thinking how many hundreds of thousands of yen have been taken from people simply because they select English and don’t happen to know about the cheaper ticket options. My wife actually emailed JR Kyushu, but just got back a standard, “Thank you for your email.”

I spoke to a representative in JR Kyushu’s PR department. After some investigation, he confirmed that this situation still exists with some of the ticket machines once the foreign language option button (for English, Korean and Chinese) is pressed. It seems that there are two types of ticket machines, and while it isn’t a problem for the “two-ticket option” for shorter distances (kin-kyori), it does affect those for machines for longer distances (shitei kenbai). As our reader pointed out, this could result in non-Japanese customers paying quite a bit more if they purchase tickets through the machine.

“While JR Kyushu isn’t in a position to change the machines immediately, we will take this opportunity to discuss the situation and see how we can improve things for our foreign customers,” said the rep. He thanked the reader and Lifelines for bringing the problem to the department’s attention.

Has anyone encountered a similar problem with JR tickets in other parts of Japan? JR Kyushu’s spokesperson said it is possible the same situation could be happening in other areas, too.

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

COMMENT: Two things: One is that we have proof positive in a national newspaper of separate pricing schemes based upon language. And this at one of Japan’s flagship companies (Japan Railways), no less. Consider the parallels: A restaurant with menus with cheaper prices for customers if they can read Chinese (something frowned upon as discrimination elsewhere). Or travel agencies that reserve cheaper plane tickets for Japanese citizens only (see here too). Japan’s train network in Kyushu is filtering customers by language ability and charging Japanese-illiterates a premium. This must stop, obviously, because it’s discriminatory.

And this is a great example to bring up point two: How people still defend the practice, no matter what. I waited a few days to post this, and sure enough, the Japan Times article predictably collected a few comments from guestists and denialists. They decried anyone calling this practice “racist” (even though it is, under modern definitions of racial discrimination being a process of differentiation, othering, and subordination). They instead went to the extreme of calling the decriers “racist”, or conversely the practice of selling discounted train fares to foreign tourists “racist” (actually, they can be sold to Japanese-citizen tourists as well as long as they don’t live in Japan), despite all the government campaigns to promote foreign tourism these days.

The point to stress is Japan’s subtle racism is particularly devious because of its plausible deniability. People will seize on any excuse to justify discriminatory treatment. Want equal rights or treatment in Japan? Become a Japanese citizen. Want equal access to cheaper train fares? Learn Japanese. You see, discrimination is the fault of those being discriminated against — because they didn’t take every measure to evade the discrimination. Its an acceptance of a differentiated and othered status, used to justify the subordination — which deflects discussion of why this discriminatory system exists in the first place.

Why can’t customers just be treated as customers, and their money for access be valued the same way, regardless of their language ability? Well, I’ll tell you why. Because to JR, it’s not a matter of fairness or equality. It’s a combination of setsuyaku and mendokusai. Making discounts multilingual would be costly, and then there’s the factor of profiteering from the extra fares. The incentive system is clear: Why pay more for a system that brings in less revenue? And besides, the foreigners won’t realize it (because foreigners obviously don’t read Japanese), won’t complain (because they’re so powerless, with no voice in Japan except, ahem, the Japan Times), or they aren’t organized in numbers big enough for a meaningful boycott (plus, as seen above, anyone calling for organized action will be called racist even by their own side).

This is one reason why discrimination is so hard to get rid of in Japan. It’s subtle enough at times for people to naysay it. Dr. ARUDOU, Debito

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

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

Posted on November 20, 2016February 23, 2019 by Debito Arudou Ph.D.

mytest

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

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

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

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

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

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

20161030_175006b

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

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

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

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

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

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

Best Regards,
Onur
ENDS

===========

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

Posted on November 11, 2016November 11, 2016 by Debito Arudou Ph.D.

mytest

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

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

November 6, 2016
Hello Dr. Debito,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Regards, Shiki.

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

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

Posted on October 18, 2016April 20, 2018 by Debito Arudou Ph.D.

mytest

Hi Blog. The third in a series (the first two are here and here) about developments after Japan’s first hate speech was passed earlier this year. Critics (naturally) decried it as a means to stifle freedom of speech, but I took exception to that, saying that it was a step in the right direction, at least. This series of articles in the Mainichi Shinbun seem to bear that out, talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. For example, this next case ruling against officially-certified hate group Zaitokukai, which even cites the UN CERD! Bravo. Dr. ARUDOU, Debito

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

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

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

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

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

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

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

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

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

UPDATE: The case was appealed. And Lee won again in 2018.

ENDS

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

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

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

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

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

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

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

Posted on October 6, 2016October 8, 2016 by Debito Arudou Ph.D.

mytest

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

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

From: JK
Hi Debito. Have a look here:

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

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

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

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

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

Regards, JK

Full article:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

口汚い罵倒は街頭から消えつつある。法で差別解消が実現されるのだろうか。

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

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

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

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

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

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

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

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

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

ヘイトデモに加わった人たちに、この言葉が届く日が来ると信じたい。対策法の理念を現実にしていく過程はきっと対話から始まる。
ENDS
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Japan Center for Michigan Universities: Report and video interview of Muslim Lawyer Hayashi Junko on issues faced by Muslims in Japan (surveillance by police, including of Japanese kith and kin)

Posted on August 12, 2016August 13, 2016 by Debito Arudou Ph.D.

mytest

JCMU Resident Director Benjamin McCracken says:

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

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

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

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

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

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

Posted on August 8, 2016 by Debito Arudou Ph.D.

mytest

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

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

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

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

The ministry will cover part of the installation costs.

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

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

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

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

Dear Customer,

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

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

Best regards,

Nikkei Asian Review
Customer Support

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

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

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

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

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

Would you consider correcting the article?

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

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

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