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  • Archive for the 'SITYS' Category

    SITYS: “See I Told You So” is a special category to herald the times that despite all the naysaying by critics, what was initially said on Debito.org was eventually proven to be right all along. Since the critics never capitulate, it becomes incumbent upon Debito.org to point that out ourselves.

    SITYS: JT publishes lawyer’s analysis of J-cops’ arbitrary “stop and frisk” procedures. It’s now actually worse for NJ than Debito.org has reported before (correctly)

    Posted by Dr. ARUDOU, Debito on 25th July 2014

    DEBITO: Hokay, let’s go over this issue one more time on Debito.org (the previous times from here): the ability of J-cops to racially profile and subject any “foreigner” to arbitrary Gaijin Card ID-checks. I offered advice about what to do about it (print and carry the actual laws around with you and have them enforced). Last time I talked about this (in my Japan Times column last April), I noted how laws had changed with the abolition of the Foreign Registry Law, but the ability for cops to arbitrarily stop NJ has actually continued unabated. In fact, it’s expanded to bag searches and frisking, with or without your permission (because, after all, NJ might be carrying knives or drugs, not just expired visas). Well, as if doubting the years of research that went into this article (and affirmed by an Japanese Administrative Solicitor in our book HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS), the JT put up a “featured comment” from some anonymous poster saying that my article was wrong and a source for misinformation:

    MM333: I’m sorry, but the information in this article and on the website describing the powers of the police to stop foreigners and demand passports or residence cards for any reason ‘whenever’ is inaccurate. The law does not give the police in Japan arbitrary powers to conduct suspicionless questioning. [...] There is no doubt that in practice police in every country may try to exceed their powers, but it is quite another thing to assert that the police actually have the right to do this. In may interest people to know that the laws imposed on the police in Japan with regards to questioning are actually more restrictive as compared with the US (ie. Stop and Frisk) or the UK (ie. CJPOA Section 60). I would recommend that everyone read the law themselves and consult a Japanese attorney if they have questions about the law. I would also ask the Japan times to have this article reviewed by a Japanese attorney and corrections made where appropriate to avoid misinformation being spread.

    DEBITO: Eventually the JT DID consult a lawyer and ran the following article — where it’s even worse than I argued: The lawyer is essentially suggesting that you had better cooperate with the police because the laws will not protect you — especially if you’re in a “foreigner zone” of Tokyo like Roppongi.

    JT LAWYER ISHIZUKA: Legal precedents in these cases have tended to stress the importance of balancing the public’s right to privacy with the necessity and urgency of the specific investigation and the public interest in preventing the crime the individual stopped by the police was suspected of being involved in. [...] Regarding the profiling, considering it was in Roppongi, which has a bit of a reputation for crime involving foreigners, the police officials could probably come up with a number of explanations for why they stopped [a NJ named P], such as a suspicion that he was carrying or selling drugs. It is unlikely that any judge would rule that this was a case of profiling and that the questioning was illegal. As for the frisking, it was legal for the officers to pat P down over his clothes and bag, even without his consent. However, it would be illegal if an officer searched inside P’s pockets or clothing without consent or intentionally touched his genital area, even over his clothes. [...]

    So, in conclusion, what can you do if you are approached and questioned by police officers? Cooperating may be the smartest option and the fastest way to get the whole ordeal over as quickly as possible, but if you don’t feel like being cooperative, you can try asking the police officers what crime they are investigating and attempt to explain that you are not doing anything illegal, clearly express the will to leave and then do just that. Don’t touch the police officers, don’t run and don’t stop walking — and don’t forget to turn on the recorder on your smartphone in front of the officers, thus making it clear that you have evidence of any untoward behavior. You cannot be forced to turn the recorder off, no matter what the police officers yell at you. Best of luck!

    DEBITO AGAIN: You know there’s something seriously wrong with a system when legally all you have is luck (and a cell phone recorder) to protect you from official arbitrary questioning, search, seizure, and racial profiling by Japanese cops. Even a lawyer says so. So that’s definitive, right? Now, then, JT, what misinformation was being spread here by my previous article? How about trusting people who give their actual names, and have legal experience and a verified research record (several times before in past JT articles)? And how about deleting that misinformative “featured comment” to my column? SITYS.

    Posted in Fingerprinting, Targeting, Tracking NJ, Handbook for Newcomers, Human Rights, Japanese police/Foreign crime, Media, Practical advice, Problematic Foreign Treatment, SITYS | 26 Comments »

    Urawa “Japanese Only” Soccer Banner Case: Conclusions and Lessons I learned from it

    Posted by Dr. ARUDOU, Debito on 14th March 2014

    LESSONS OF THE URAWA “JAPANESE ONLY” SOCCER STADIUM BANNER CASE OF MARCH 8, 2014

    Let’s sew this issue up: What happened this week is probably the most dramatic and progressive thing to happen to NJ in Japan, particularly its Visible Minorities, since the Otaru Onsens Case came down with its District Court Decision in November 2002.

    In this decision, a Japanese court ruled for only the second time (the first being the Ana Bortz Case back in October 1999) that “Japanese Only” signs and rules were racial discrimination (jinshu sabetsu).

    It did not call it discrimination instead based on “ethnicity” (minzoku), “nationality” (kokuseki), outward appearance (gaiken), or some kind of “misunderstanding” (gokai), “ingrained cultural habit” or “necessary business practice” (shuukan no chigai, seikatsu shuukan, shakai tsuunen, shikatsu mondai etc.). All of these claims had merely been excuses made to ignore the elephant in the room that more invidious racialized processes were involved.

    But in the Urawa “Japanese Only” Soccer Stadium Banner Case, the word jinshu sabetsu reappeared in the terms of debate, and we may in fact have witnessed a watershed moment in Japan’s race relations history. Yet it wouldn’t have happened without the issue leaking outside of Japan, incurring gaiatsu (outside pressure), and a real threat to Japan’s worldwide reputation as a “civilized” society. A full explication follows:

    Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Media, NJ legacies, Otaru Onsen Lawsuit, Racist Images in Media, SITYS, Sport, 日本語 | 18 Comments »

    SITYS: Japan Times: “Points System” visa of 2012 being overhauled for being too strict; only 700 applicants for 2000 slots

    Posted by Dr. ARUDOU, Debito on 8th February 2014

    When looking through my “Draft” posts (i.e., the ones I put on hold for publication later), I noticed that I forgot to blog this one when it came out. It’s another instance where Debito.org got it right (filed under the category of SITYS, or “See I Told You So”). Let me just put this post up as a matter of record (I already incorporated the information into my January Japan Times JBC column; see Item 4).

    When the GOJ came out with its “Points System” in 2012, we said that it would be a failure (actually even before that — in its embryonic stage Debito.org still doomsaid, see here and here), because, as the previous links discuss, a) its standards are awry and too high (even giving no real weight to the NJ who took the trouble to learn Japanese), and b) it is underpinned with an elite arrogance that NJ are beating down the doors to enter rich and safe Japan no matter what (without paving the way for them to be treated equally with Japanese in terms of employment or civil rights). Japan isn’t as attractive a labor market as Japan’s bureaucrats might think, for structural and systemic reasons that Debito.org has been substantiating for decades. And yes, as the article below substantiates, the “Points System” has failed — less than half the number of people the GOJ was aiming for bothered to apply.

    Posted in Immigration & Assimilation, Japanese Government, Labor issues, NJ voices ignored, discounted & discredited, SITYS, Unsustainable Japanese Society | 3 Comments »

    My Japan Times JUST BE CAUSE column January 7, 2014: “The empire strikes back: The top issues for NJ in 2013″, with links to sources

    Posted by Dr. ARUDOU, Debito on 6th January 2014

    Happy New Year to all Debito.org Readers. Thank you as always for reading and commenting. 2014 has a few things looming that will affect life for everyone (not just NJ) in Japan, as I allude to in my Japan Times JUST BE CAUSE column of January 7, 2014:

    “The empire strikes back: The top issues for NJ in 2013″
    By ARUDOU, Debito, Column 71 for the Japan Times Community Pages

    Welcome to JBC’s annual countdown of 2013’s top human rights events as they affected non-Japanese (NJ) in Japan. This year was more complex, as issues that once targeted NJ in specific now affect everyone in general. But here are six major events and five “bubble-unders” for your consideration:

    6. Fukushima is complicated by xenophobia
    5. Japan to adopt Hague treaty
    4. Visa regimes get a rethink
    3. Hate speech turns murderous
    2. LDP holds both Diet chambers
    1. The state secrets law

    Bubbling under:
    11. Marutei Tsurunen, Japan’s first foreign-born Diet member of European descent, loses his seat.
    10. Donald Richie, one of the last of the first postwar generation of NJ commentators on Japan, dies aged 88.
    9. Beate Sirota Gordon, one of the last living architects of the liberalizing reforms within the postwar Japanese Constitution, dies at 89.
    8. Osaka Mayor Toru Hashimoto takes a revisionist stance on Japanese history regarding the wartime sex-slave issue and reveals his camp’s political vulnerability.
    7. Tokyo wins the 2020 Olympics, strengthening the mandate of Japan’s ruling class and vested construction interests

    Posted in Anti-discrimination templates/meetings, Articles & Publications, Bad Social Science, Child Abductions, Cultural Issue, Education, Exclusionism, Gaiatsu, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Labor issues, Media, NJ voices ignored, discounted & discredited, SITYS, Sport, Unsustainable Japanese Society | 21 Comments »

    NYT Editorial: “Japan’s Dangerous Anachronism”, on State Secrets Law and PM Abe’s intentions to “cast off Postwar regime”

    Posted by Dr. ARUDOU, Debito on 3rd January 2014

    You know things are really getting serious when the Old Grey Lady starts doomsaying. After a milder editorial last April, the NYT has broken the news about Japan’s Extreme (I think we can call it “extreme” without hyperbole) Rightward Swing in an editorial last month. And it does it without worrying about allegedly imperiling “The Relationship”, the typical excuse for pulling punches when it comes to criticism of Japan (e.g., avoid “racist Japan bashing”, and protect our closest ally, hitherto largest sales market outside of the USA, and most successful American-reconstructed Postwar country in Asia). The NYT now sees the “danger” (and calls it that). It’s time for people to start considering the PM Abe Administration as a regional security risk, and — Dare I say it? Yes I do — drawing up contingent strategies of containment as one would China. This is where we’re heading in 2014. The longer the world averts one’s eyes to Abe’s true intentions over the next two years, the worse it will be for the Japanese, and for Japan’s neighbors.

    NYT: The government of Prime Minister Shinzo Abe this month rammed through Parliament a state secrecy law that signals a fundamental alteration of the Japanese understanding of democracy. The law is vaguely worded and very broad, and it will allow government to make secret anything that it finds politically inconvenient. Government officials who leak secrets can be jailed for up to 10 years, and journalists who obtain information in an “inappropriate” manner or even seek information that they do not know is classified can be jailed for up to five years. [...] Mr. Abe’s aim is to “cast off the postwar regime.” Critics in Japan warn that he is seeking to resurrect the pre-1945 state. It is a vision both anachronistic and dangerous.

    Posted in Gaiatsu, History, Human Rights, Japanese Government, Media, SITYS | 12 Comments »

    Post-passage of State Secrets Bill, watch as Abe further dismantles Japan’s postwar anti-fascism safeguards

    Posted by Dr. ARUDOU, Debito on 11th December 2013

    My conclusions first: If you really want to “look on the bright side” of recent events, we could say “we live in interesting times”. Given the normally glacial pace of reforms in Japan, the Abe Administration is proceeding with incredible speed — which he can do, given LDP control over both houses of Parliament. It’s a pity that things are heading in the Rightist direction, dismantling the Postwar order of governance and the safeguards against Prewar fascism faster than the public or media can keep up.

    As discussed here before Debito.org got tackled, both inside and outside observers (including the UN) were alarmed at the contents of the State Secrets Protection Law (himitsu hogo hou), the one that leaves vague what a “government secret” is exactly (for better public non-transparency), and offers criminal penalties of up to ten years’ incarceration for violators, including journalists. The tone of this law is pretty clear: Anyone who gets in the way (and according to LDP Secretary General and defense policy wonk Ishiba Shigeru, “noisy” protestors will be labeled “terrorists”; I’m waiting for Ishiba to say the same thing about the perennially noisy, intimidating, and sometimes violent right-wing sound trucks) will be dealt with accordingly.

    Debito.org said that the protests in any case were too little, too late, and it would make no difference. It didn’t (except in Abe’s approval ratings, which dipped below 50% for the first time for this administration; never mind — a few more saber rattlings with the Chinese bogeyman will remedy that), and the bill was rammed through both the Lower and Upper Houses and is now law. SITYS.

    This after, as also noted on Debito.org previously, Abe’s Gaijin Handlers were sent off on a mission to placate the one country that might get them to avert this course: The United States. Top Abe advisor Kitaoka Shin’ichi recently visited Hawaii and points mainland to sell Japan’s remilitarization as a means to help America’s security exploits abroad, saying it would be possible by a mere circumvention of the Constitution by reinterpretation. Who needs to go through that laborious process of actual Constitutional revision when you can just ignore it? And it seems the Americans have signed off on it. And on Japan’s new protection measures of “state secrets”. And on a creation of a National Security Council that reports to Abe, modeled on the USG’s NSC, so who could object? Checkmate.

    Look, some people might be surprised by all this, but I’m not. Debito.org saw this coming more than ten years ago, and watched it play out since 2000 as innate fears of outsiders in general were made into public policy seeing foreigners as criminals, then terrorists etc. Now. it’s Chinese foreigners in specific (what with the two-plus “Lost Decades” of stagnant to negative growth causing Japan to be eclipsed by China as the largest economy in the region). I’ve charted the arc of this public debate here in a paper for Japan Focus, showing how officially-sponsored xenophobia was used to undermine, then decimate, Japan’s Left. And with no opposition Left, there’s nothing to stop a dedicated silver-spoon elite like Abe, who has known no war (and accepts no responsibility for Japan’s historical role in it), for swinging the pendulum the furthest Right it has been in the Postwar Era. Provided his health holds up, he’s got three years to do it. Just watch him do it as quickly as possible.

    Posted in Hate Speech and Xenophobia, Human Rights, Japanese Government, Japanese Politics, Media, SITYS, United Nations, Unsustainable Japanese Society, 日本語 | 30 Comments »

    Yomiuri on “Points System” visa: “Too strict”, few takers, under review by Justice Ministry (which institutionally will never be able to fix it)

    Posted by Dr. ARUDOU, Debito on 7th August 2013

    An attempted panacea to Japan’s lack of formal immigration policy floated many moons ago (and discussed here and here) was a “Points System” visa, here to bring “higher-skilled” workers (koudo jinzai). I critiqued it for its probable failure in the Japan Times. Now the failure has officially happened. Even the Justice Ministry admits below that the visa regime has attracted few people, and that, as Debito.org has reported before, is because its requirements are too strict.

    But to me it’s no wonder it failed. It’s not merely (as alluded below) an issue of criteria, but rather institutionalized treatment of immigrants. We saw attitudes towards immigration last summer when ministries debated how immigrants should be treated, and cross-ministerial officials only weakly offered the same old hackneyed conclusions and lessons unlearned: Privilege granted to Nikkei with the right bloodlines, more attention devoted to how to police NJ than how to make them into Japanese citizens (with their civil and human rights protected), insufficient concern given for assimilation and assistance once NJ come to Japan, and almost no consultation with the NJ who are already in Japan making a life as to what assistance they might need.

    This is what happens when you put a people-handling policy solely in the hands of a policing agency (i.e., the Justice Ministry): Those people being perpetually treated as potential criminals. There is automatically less focus on what good these people will do and latent suspicion about what harm they might. It doesn’t help when you also have an administrative regime trying to find any excuse possible to shorten visas and trip immigrants up to “reset the visa clock” for Permanent Residency, through minor administrative infractions (not to mention the fact that changing from your current visa to this “Points System” visa resets your “visa clock” once again). It’s official ijiwaru, and without a separate ministry (i.e., an Imincho) specifically dedicated configuring immigration or integration into Japanese society, things will not be fixed.

    Posted in Bad Social Science, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Labor issues, NJ voices ignored, discounted & discredited, Practical advice, SITYS, Unsustainable Japanese Society | 12 Comments »

    2013 Election Brief: The rout of Japan’s Left is complete with a crushing LDP Upper House Victory

    Posted by Dr. ARUDOU, Debito on 21st July 2013

    It’s as predicted (if not encouraged) by Japan’s media: The rightist Liberal Democratic Party (LDP), along with its coalition partner “Buddhist Party” Kōmeitō (KMT), won an outright majority in Japan’s Upper House.

    Yesterday’s election was to be a referendum on the past six months of Prime Minister Abe, who was previously PM last decade in a spectacularly inept LDP administration that went down in flames in less than a year. Although political Pollyannas said Abe would be restrained between January and July due to this election (indeed, he vacillated somewhat on his stance towards historical revisionism, such as Japan being involved in wars of aggression and wartime sexual slavery), Abe still made the election more about temporary economic upturns with a hint of constitutional reform — asking for a mandate to resolve the gridlocked Diet (gridlock he had caused, it should have been noted), while occasionally raising alarmist fears about outsiders and Japan’s sovereignty. Meanwhile, the DPJ could not make the main issue of the election how the LDP’s proposed constitutional reforms would abrogate everyone’s constitutional rights. The LDP’s campaign slogan was in fact “Take back and return Japan” (Nihon o tori modosu); readings by scholars noted that this meant taking Japan back not from the DPJ, but from a Postwar constitution back to something Prewar. So much for restraint.

    Let’s crunch some election statistics, with charts, and make some conclusions: Here’s the makeup of how the seats went by prefectural electoral district: Almost every prefecture went LDP. Japan’s rightward shift is especially clear when you compare it to the distribution in the 2010 and 2007 Upper House elections (see charts).

    Now, as for assembly seat distributions: As denoted in the larger horizontal bar chart above, a 2/3 majority has been reached in the Upper House if one coalitions the LDP (at 115), KMT (at 20), JRP (at 9) and the Minna no Tō (at 18). This means a reform of Japan’s Constitution is now very possible if not probable.

    Next, to see how much of a rout this election was for the DPJ, consider this bar chart for this election alone, not including seats that were not up for election this time: The biggest seat getters were the LDP/KMT coalition at 76. They had 44 before this election. The other fringe parties, Minna no Tō (politically wild-card) went from 3 to 8, JRP (ultra rightist) went from 2 to 8, and JCP (leftist communist) went from 3 to 8. Clearly the biggest loser was the DPJ, which dropped from 44 to 17. The Right is now clearly in control of the Upper House. That same conclusion is even more easily drawn if you look at the Proportional Representation vote…

    Now, regarding for two elections that were of note to Debito.org: Two candidates were notable a) for their underwhelmingness (Japan’s first European-born MP Tsurunen Marutei) and b) for their rabid xenophobia (the anti-Korean candidate Suzuki Nobuyuki). Headlines:
    1) XENOPHOBE SUZUKI NOBUYUKI GETS MORE THAN 1% OF TOKYO ELECTORATE
    2) TSURUNEN LOSES HIS SEAT. NOT EVEN CLOSE
    In fact, Tsurunen (who was running nationally under PR) got close to the same number of votes as Suzuki (who was running in Tokyo only), which I find decidedly scary.

    CONCLUSION: I think Abe will now see this as vindication of his mandate, and we’ll see even more pushing of his rightest agenda to undo as many Postwar reforms as possible. Those will become very visible in the coming weeks. Vigilance.

    Posted in Hate Speech and Xenophobia, Ironies & Hypocrisies, Japanese Politics, NJ legacies, SITYS, 日本語 | 53 Comments »

    Meidai’s Repeta lecture May 23 on LDP’s likely constitutional reforms: Deletes fundamental guarantee of human rights, shifts from “rights” to “duties” & prioritizes “public order”

    Posted by Dr. ARUDOU, Debito on 3rd July 2013

    We are mere weeks away from the next Diet Upper House election (July 23, to be exact), where half the seats are up for grabs, and at this point it looks like Japan’s rightward swing will be successful and complete. According to current opinion polls (and they do matter a priori, as Japan’s voting culture rarely supports underdogs), the LDP is far and away in the lead (so far so that the opposition DPJ won’t even bother to field more than one candidate in the Tokyo constituency), meaning they will probably add the Upper House to its collection of majorities in the more-powerful Lower House as well.

    With this comes the likelihood of first changes in the Postwar Constitution. Legal scholar Colin P.A. Jones of Doshisha University has already come out with articles in the Japan Times discussing the LDP’s proposed changes (see here and here). What I will do in this blog entry is scan and paste in the lecture notes (ten pages) from another legal scholar, Lawrence Repeta of Meiji University, who gave his analysis in a lecture at Temple University in Tokyo on May 23, 2013. It is less accessible than Colin’s newspaper articles but no less authoritative, so here it is, courtesy of CP (notes in the margins probably also by CP). Repeta similarly holds that we will see a shift in focus towards strengthening The State in the name of “public order”, and prioritizing the duties and obligations of the Japanese public rather than guaranteeing their rights as individuals.

    In sum, we are seeing the return of Japanese as Imperial subjects rather than citizens, where rights and duties are granted from above rather than secured and guaranteed from below. This is what’s coming, folks. Be prepared.

    Posted in Cultural Issue, Human Rights, Japanese Government, Japanese Politics, SITYS, 日本語 | 50 Comments »

    SITYS: GOJ’s new “Points System” to attract “higher-skilled” NJ being reviewed due to dearth of applications, impossibly high hurdles

    Posted by Dr. ARUDOU, Debito on 24th March 2013

    Asahi: A policy initiative designed to encourage highly skilled foreign professionals to come and stay in Japan is not working out as the Justice Ministry had envisioned. In fact, the point-based system has proved so unpopular that it is being reviewed only a year after it was introduced. [...] According to the Justice Ministry, less than 1,000 will likely be certified in the initial year, compared with 2,000 that officials had expected.

    COMMENT: We’ve talked about Japan’s “Points System” before on Debito.org, where I took a dim view of it as just another “revolving door” labor visa regime to bring people over, leech off their prime working lives, and then boot them back home without letting them settle and reap the rewards for contributing to Japanese society (cf. the “Trainees”, the “Nikkei Returnees”, and the “foreign caregivers“, all of whom I have written about for the Japan Times). Well, now, in yet another episode of SITYS (“See I Told You So”), Asahi reports the “Points System” is going through similar “revisions” as the visa scams above due to a dearth of applications. As I thought would happen — the PS’s qualifying hurdles are simply too high. Even if one assumes good faith in Japan’s policymakers (some of whom do see the slow-motion demographic disaster in progress due to crushing public debt unsupportable by a society that is shrinking and aging) who might want to treat “foreign laborers” as people, Japan’s bureaucrats are so paranoid about NJ somehow “abusing” the system that they make it practically impossible for anyone to ever “use” the system to their benefit. Again, the GOJ keep wanting “workers” and discover to their surprise later that they imported “people”, with livelihood needs beyond mere work hours converted into “the privilege of living in Japan”. These policy failures will keep happening again and again until NJ are treated as “people”, and given a fair chance by the GOJ at becoming “Japanese” (with transfers of political, economic, and social power — and that includes input at the policymaking stage too). But I still don’t see that happening anytime soon.

    Posted in Exclusionism, Immigration & Assimilation, Japanese Government, Labor issues, SITYS, Unsustainable Japanese Society | 34 Comments »

    My latest academic paper on Asia-Pacific Journal: Japan Focus: “Japan’s Rightward Swing and the Tottori Prefecture Human Rights Ordinance”

    Posted by Dr. ARUDOU, Debito on 15th March 2013

    The Asia-Pacific Journal, Vol. 11, Issue 9, No. 3, March 4, 2013.
    Japan’s Rightward Swing and the Tottori Prefecture Human Rights Ordinance
    日本の右傾化と鳥取県人権条例
    By Arudou Debito
    ABSTRACT
    Japan’s swing to the right in the December 2012 Lower House election placed three-quarters of the seats in the hands of conservative parties. The result should come as no surprise. This political movement not only capitalized on a putative external threat generated by recent international territorial disputes (with China/Taiwan over the Senkaku/Diaoyu islands and with South Korea over Takeshima/Dokdo islands). It also rode a xenophobic wave during the 2000s, strengthened by fringe opposition to reformers seeking to give non-Japanese more rights in Japanese politics and society.

    This article traces the arc of that xenophobic trajectory by focusing on three significant events: The defeat in the mid-2000s of a national “Protection of Human Rights” bill (jinken yōgo hōan); Tottori Prefecture’s Human Rights Ordinance of 2005 that was passed on a local level and then rescinded; and the resounding defeat of proponents of local suffrage for non-citizens (gaikokujin sanseiken) between 2009-11. The article concludes that these developments have perpetuated the unconstitutional status quo of a nation with no laws against racial discrimination in Japan.

    Posted in Articles & Publications, Bad Social Science, Cultural Issue, Exclusionism, Hate Speech and Xenophobia, History, Human Rights, Japanese Government, Japanese Politics, Problematic Foreign Treatment, SITYS | 4 Comments »

    Letters from J human rights groups to the visiting Olympic Committee re Tokyo 2020: Discrimination in Japan violates IOC Charter

    Posted by Dr. ARUDOU, Debito on 5th March 2013

    The International Olympic Committee is currently in Japan considering Tokyo as a venue for the 2020 Summer Games. In light of recent events that point to clear examples of discrimination and advocacy of violence towards, for example, Koreans (see below), human rights groups in Japan are advocating that the IOC understand that these actions violate the Olympic Charter and choose their venue accordingly. Articles, photos, and letters follow from the Japan Federation of Bar Associations (Nichibenren), Tanaka Hiroshi in the Mainichi Shinbun, and sources demonstrating that, for example, all GOJ educational subsidies for Korean ethnic schools have been eliminated as of 2013 from government budgets.

    Academic Tessa Morris-Suzuki might agree with the assessment of rising discrimination, as she documents on academic website Japan Focus the protection of xenophobic Rightists and the police harassment of their liberal opponents. Her conclusion: “But there is no rule of law if the instigators of violence are left to peddle hatred with impunity, while those who pursue historical justice and responsibility are subject to police harassment. There is no respect for human rights where those in power use cyber bullying in an attempt to silence their opponents. And democracy is left impoverished when freedom of hate speech is protected more zealously than freedom of reasoned political debate.” Have a look.

    SITYS. This is yet but another example of Japan’s clear and dangerous swing to the Right under PM Abe. And granting an Olympics to this regime despite all of this merely legitimize these tendencies, demonstrating that Japan will be held to a different standard regarding discrimination. Wake up, IOC.

    Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Education, Exclusionism, Gaiatsu, Hate Speech and Xenophobia, Human Rights, Immigration & Assimilation, Japanese Government, Problematic Foreign Treatment, SITYS, Sport | 18 Comments »

    NYT: Xenophobia in Environmental Ministry re exclusionary Fukushima decontam efforts: “Japanese soil is different”, “NJ assistance might scare local grandmas”

    Posted by Dr. ARUDOU, Debito on 11th January 2013

    As part of a continuing series of how the Post-Fukushima Debacles have laid bare just how irredeemably broken Japan’s system is (see related articles here (item #2), here, here, here, here, here, here, here, and here), the NYT has just reported the latest on the Fukushima radiation cleanup effort. Within, we can witness a wonderful fusion of corruption, xenophobia, and unaccountable bureaucratic culture that have been symptomatic of why Japan as a society cannot not fix itself. And this time, it’s a wonderful capsule summary of why foreign technology and assistance will lose out to featherbedded domestic interests (the Kensetsu Zoku, who are making a right mess of things). And how there’s no hope of it getting better since the corrupt corporatists who facilitated this system in the first place (LDP under Abe and co.) are back in power as of December with a fresh mandate. A choice excerpt from the NYT, very, very germane to the purview of Debito.org:

    ===================
    NYT: Japanese officials said adapting overseas technologies presented a particular challenge. “Even if a method works overseas, the soil in Japan is different, for example,” said Hidehiko Nishiyama, deputy director at the environment ministry, who is in charge of the Fukushima cleanup. “And if we have foreigners roaming around Fukushima, they might scare the old grandmas and granddads there.”
    ===================

    This is an incredibly racist insult to all the NJ who were both there and who went up there to help the victims of the disasters at great time, expense, and risk to their health — without scaring people. I have two articles below the NYT from the WSJ which outline what a horrible little fellow this Nishiyama is, and how he keeps bouncing right back into power despite scandal within Japan’s unaccountable bureaucracy.

    After that, I have some links to previous comments on this article. I originally put this up yesterday as an addendum to a previous blog entry, but the comments there (see most of them in context here) are worth archiving here because they express the appropriate amount of outrage. About a system that is, in the end, betraying everyone.

    Posted in Bad Business Practices, Bad Social Science, Exclusionism, Hate Speech and Xenophobia, Ironies & Hypocrisies, Japanese Government, NJ voices ignored, discounted & discredited, SITYS, Unsustainable Japanese Society | 98 Comments »

    “Japanese Only” hospital Keira Orthopaedic Surgery in Shintoku, Tokachi, Hokkaido. Alleged language barrier supersedes Hippocratic Oath for clinic, despite links to METI medical tourism

    Posted by Dr. ARUDOU, Debito on 20th December 2012

    Submitter Hillary: Today, I was experiencing a problem with my foot; I thought I broke a toe over the weekend. I spoke with a Japanese Teacher of English with whom I work with and she offered to call a clinic in neighbouring Shintoku and accompany me to the clinic after school for treatment. She made the telephone call in Japanese and was advised of their location and hours of business and took down their information. Once we arrived there, she spoke with reception and a man (presumably a doctor) motioned to me, making the “batsu” gesture and said (in Japanese) that the clinic’s system doesn’t allow for the treatment of foreigners because of our inability to understand Japanese. I looked at my colleague for confirmation on what I heard and she looked completely dumbstruck…

    COMMENT: I called Keira Seikei Geika Iin first thing in the morning JST on December 18, 2012, and talked to a man who did not give his name. He apologetically confirmed that his institution does not take foreigners. The reason given was a language barrier, and that it might cause “inconvenience” (meiwaku). When asked if this did not constitute discrimination, the answer given was a mere repeat of the meiwaku excuse and apology. When asked about having an interpreter along to resolve any alleged language barrier, the answer became a mantra. I thanked him for his time and that was the end of the conversation.

    As part of a long list of “Japanese Only” establishments, which started with bars and bathhouses and has since expanded to restaurants, stores, barber shops, internet cafes, hotels, apartments, and even schools denying NJ service, has now taken the next step — denying NJ medical treatment. If even Japanese hospitals defy the Hippocratic Oath to treat their fellow human beings, what’s next? I have said for at least a decade that unchecked discrimination leads to copycatting and expansion to other business sectors. Now it’s hospitals. What’s next? Supermarkets? And it’s not even the first time I’ve heard of this happening — click here to see the case of a NJ woman in child labor in 2006 being rejected by 5 hospitals seven times.

    Posted in Bad Business Practices, Bad Social Science, Exclusionism, Human Rights, SITYS, 日本語 | 42 Comments »

    Japan’s lurch to the right has happened, as predicted. DPJ routed, LDP and Ishihara ascendant in Dec 2012 LH Election

    Posted by Dr. ARUDOU, Debito on 17th December 2012

    It’s been said that people get the democracy that they deserve. Although unduly harsh, that rings true today, as the results of 2012’s election have absolutely routed the DPJ and placed the old-school LDP/Koumeitou alliance and the even older-school Ishihara Party, pardon, Japan Restoration Party (JRP) with a greater than 3/4 majority (LDP/KMT at 324, JRP 54) as a total in the 480-seat Lower House. (Source: Yomiuri 12/17/12) This is well over the 320 votes necessary to override the Upper House’s vetoes, and essentially makes Japan’s bicameral legislature unicameral. This new parliamentary composition could very well squeeze out a revision to the Self-Defense Forces (calling it what it really is: a standing military that should be unconstitutional) as well as force a “revision of the pacifist American-made Japanese Constitution” out of this. My synopsis of this election, and future prospects for the direction Japan is now heading, follow below.

    In brief: Keep an eye on what happens from now, folks, because I think that once the sake cups have been drained and hangovers recovered from, these people are going to get to work with a vengeance. Because for this generation of old-schoolers (such as Ishihara), there’s not much time left for the Wartime Generation to undo all the Postwar liberalizations of Japan that have helped make Japan rich without overt remilitarization and aggression. For these fans of a martial Japan, who only value, respect, and covet a world in terms of power and hierarchy, revenge will be sweet.

    Posted in Cultural Issue, Japanese Government, Japanese Politics, SITYS | 89 Comments »

    SITYS: IC Chips in new NJ Gaijin Cards are remotely scannable, as witnessed in USG’s Faraday Envelopes to protect cardholders’ privacy

    Posted by Dr. ARUDOU, Debito on 23rd November 2012

    As Readers of Debito.org know, Japan instituted its new Gaijin Cards (Zairyuu Kaado, or ZRK) from July 15, 2012, promising to promote the “convenience” of NJ residents by streamlining bureaucratic procedures. But as I have argued, the Ministry of Justice’s main interest is not the convenience of NJ (or else it would have not left NJ in legal limbo when Japan’s Postal Authorities arbitrarily decided not to honor the old Gaijin Cards as a valid form of ID any longer — even though the MOJ acknowledged the old Gaijin Cards issued by them were still legal for at most three more years). No, the MOJ’s interest is in policing NJ (well, “administering” (kanri) is how they benignly put it, as they explicitly noted in their Cabinet-level presentation last May about how to “co-exist” with NJ in future — essentially by cracking down on visa overstayers further).

    To that end, the ZRK has an embedded IC Chip with RFID technology, which, as I have argued for years now, is a means to remotely track NJ in a crowd and beef up racial profiling. After all, if the NPA scans a crowd and sees somebody walking while visibly “foreign”, they now have probable cause to stop them for one of their patented ID checkpoints formerly permitted under the Foreign Registry Law. Hey you, gaijin, why aren’t you showing up on our scanners? Woe betide the naturalized citizen or Japanese of international roots, who now have the burden of proving somehow that they are not “foreign”…

    However, here’s where the SITYS (See I Told You So) comes in: People who should know better have constantly argued that I’m donning a tinfoil hat for saying that embedded IC Chips are remotely trackable, and will be used not only for identity theft (for NJ only, since only they are legally required by law to carry ZRK at all times or face criminal penalty), but also for enhanced policing. No amount of evidence presented (even “the scan-proof travel pouches” long on sale) has convinced them. So let’s try again:

    Look, even the US Government acknowledges that their cards (in this case, my friends’ “Green Card” and Global Entry Card) need to be issued with Faraday Cage envelopes “to protect their privacy”. If these cards were not remotely trackable, why would the USG bother issuing them with the following instructions?…

    Posted in Discussions, Fingerprinting, Targeting, Tracking NJ, Human Rights, Japanese Government, Problematic Foreign Treatment, SITYS | 66 Comments »

    AP: Where Japan’s Post-Fukushima rebuild cash really went: Corruption and coverup on grand scale in a crisis that even TEPCO admits “could have been avoided”

    Posted by Dr. ARUDOU, Debito on 3rd November 2012

    For all the talk we have had in the past of Japan’s efficient government and incorruptible bureaucracy (dating from, oh, perhaps Chalmers’ MITI AND THE JAPANESE MIRACLE — even Transparency International still ranks Japan higher than say, oh, the US, France, or Spain in its “Corruption Perceptions Index 2011″), one major factor that not only despirits a nation but also steals its wherewithal is an unaccountable administrative branch robbing the public coffers blind. In this case, the GOJ is reportedly siphoning off disaster funds that had been earmarked to save people’s lives and livelihoods and diverted to support completely unrelated projects. The news below goes beyond the fact that TEPCO and the GOJ have finally admitted their collusion to cover up their malfeasance in preventing the nuclear meltdown (article archived below — note that the investigative committee was led by a NJ). It shows, as Debito.org first mentioned back in December 2011 (and repeated in a different incarnation last July) that our first “see I told you so” moment (where even our critics would not capitulate for being wrong about corruption and coverup) stating that Japan’s control-freak governance system in Japan is irredeemably broken, was ever more right all along.

    AP: About a quarter of the US$148 billion budget for reconstruction after Japan’s March 2011 tsunami and nuclear disaster has been spent on unrelated projects, including subsidies for a contact lens factory and research whaling. The findings of a government audit buttress complaints over shortcomings and delays in the reconstruction effort. More than half the budget is yet to be disbursed, stalled by indecision and bureaucracy, while nearly all of the 340,000 people evacuated from the disaster zone remain uncertain whether, when and how they will ever resettle… Among the unrelated projects benefiting from the reconstruction budgets are: road building in distant Okinawa; prison vocational training in other parts of Japan; subsidies for a contact lens factory in central Japan; renovations of government offices in Tokyo; aircraft and fighter pilot training, research and production of rare earths minerals, a semiconductor research project and even funding to support whaling, ostensibly for research, according to data from the government audit released last week. A list of budget items and spending shows some 30 million yen went to promoting the Tokyo Sky Tree, a transmission tower that is the world’s tallest freestanding broadcast structure. Another 2.8 billion yen was requested by the Justice Ministry for a publicity campaign to “reassure the public” about the risks of big disasters.

    AP: The utility behind Japan’s nuclear disaster acknowledged for the first time Friday that it could have avoided the crisis. Tokyo Electric Power Co (TEPCO) said in a statement that it had known safety improvements were needed before last year’s tsunami triggered three meltdowns at the Fukushima Daiichi nuclear plant, but it had feared the political, economic and legal consequences of implementing them. “When looking back on the accident, the problem was that preparations were not made in advance,” TEPCO’s internal reform task force, led by company President Naomi Hirose, said in the statement. “Could necessary measures have been taken with previous tsunami evaluations? It was possible to take action” by adopting more extensive safety measures, the task force said… Investigative reports compiled by the government and the parliament panels said collusion between the company and government regulators allowed lax supervision and allowed TEPCO to continue lagging behind in safety steps.

    Posted in Bad Business Practices, Gaiatsu, Ironies & Hypocrisies, Japanese Government, SITYS, Tangents, Unsustainable Japanese Society | 28 Comments »

    It’s time for the naysayers to capitulate regarding the Fukushima Crisis; referential articles

    Posted by Dr. ARUDOU, Debito on 25th August 2011

    While I still want to reserve the summer for cycling and outdoor non-blog stuff, one thing has to be said: Fukushima is a mess, just like we suspected it would be. More than five months later, the Japanese public still has insufficient information about what’s going on down there, and people are being slowly poisoned as radiation percolates through the food chain and begins to be picked up overseas. As I’ve said before, this is Japan’s long-burning tyreyard fire, and there is still no end to the crisis in sight.

    But one other thing also has to be said. Back in March, when Debito.org merely had the audacity to raise some questions about the situation and the information we were getting, we were roundly criticized for being “alarmist”, “ignorant”, “wrong”, “reputation-damaging”, and even “racist”. One even said, “The greatest health effects of all nuclear incidents have been due to the anxiety that people like you are doing their best to ramp up. Thanks a lot for contributing to the problem.” That’s pretty bold — as if we were trying to instigate a panic and damage people’s health just because we wanted to know more information (which the nuclear industry worldwide keeps a lid on, down to the very science, to keep the public in the dark about their shenanigans and corruption).

    Well, guess what critics — five months later, clearly YOU were wrong.

    The Fukushima Crisis has exposed the inability of the GOJ (whether you mean politician or bureaucrat) to respond in a timely or safe manner, to follow the rules and safety standards (even changing safe radiation levels to suit political exigency), to show proper leadership or even adequate concern for its citizens in harm’s way, to release facts of the case so that people could make an informed decision, or to acknowledge there had even been a meltdown (something other observers knew based upon reasoned analysis of reactors’ output, but the GOJ would not admit), for months! The political culture which enables people in power in Japan to evade responsibility is now slowly poisoning Japanese society, if not eventually parts of the world, and that has to be addressed in the arena of public opinion.

    Back in March, we at Debito.org did try to err on the side of caution and give some benefiting of the doubt (even shutting ourselves up when we had insufficient information). We wanted to wait and see how the cards fell. They clearly fell in favor of our original assertions that we were not being told the full story, and that things were far worse than was being let on. Now, critics, let’s have some honest capitulation on your part. You know who you are. It’s so easy to be a critic, but much harder to admit you’re wrong. Have the cojones to do that, especially about something as serious and society-changing as this.

    Some referential articles follow, showing 1) the slow poisoning of children by Fukushima (NHK World), 2) how deep the institutional rot runs (NY Times), 3) more on the science of radioactivity and how seriously matters are not being taken (Japan Focus), and 4) the new attempts at spin-doctoring the situation, for starters.

    Posted in Bad Business Practices, Bad Social Science, Ironies & Hypocrisies, Japanese Government, Shoe on the Other Foot Dept., SITYS, Tangents, Unsustainable Japanese Society | 74 Comments »

    SITYS: Japan Times confirms that 74-year-old tourist WAS indeed incarcerated for 10 days for carrying a pocket knife

    Posted by Dr. ARUDOU, Debito on 27th August 2009

    After a very nasty discussion on Debito.org last month, regarding the validity of a story by Brian Hedge that a 74-year-old tourist was incarcerated for more than a week just for holding a pocket knife, the Japan Times has come through (The only media to bother — subscribe to the paper, everyone! Who else you gonna call?) and confirmed that it actually did happen. The Japan Times Community Page also ran a series of responses on Tuesday from readers, many outraged, by this treatment. Here they are:

    It sure would be nice for the anonymous nasties who raked people over the coals to capitulate now. How ’bout it?

    Posted in Discussions, Human Rights, Ironies & Hypocrisies, Japanese police/Foreign crime, Problematic Foreign Treatment, SITYS | 28 Comments »

    Follow-up: More on fingerprinting, tracking people electronically, and RFID technology

    Posted by Dr. ARUDOU, Debito on 11th June 2009

    Update Three this week. I put out an article three weeks ago that sparked some controversy, about the prospects of the new Gaijin Cards with IC Chips within them being used to track people and ferret out the foreigners with more effectiveness than ever before. I was accused of scaremongering by some, but oh well.

    As a followup, here are some responses and links to germane articles from cyberspace, pointing out how my prognostications may in fact be grounded in reality. Along with a critique at the very bottom from friend Jon Heese, Tsukuba City Assemblyman, of that controversial article.

    Posted in Articles & Publications, Discussions, Fingerprinting, Targeting, Tracking NJ, Human Rights, Japanese Government, Japanese police/Foreign crime, SITYS | 21 Comments »

    Kyodo: GOJ proposes GPS tracking of criminals. SITYS.

    Posted by Dr. ARUDOU, Debito on 25th May 2009

    Kyodo: The Justice Ministry will begin research on how other countries employ satellite-based global positioning systems to locate people released from prison and to see if the systems work at discouraging repeat offenders.

    COMMENT: I posted this on Facebook last night, and got people saying GPS and RFID are two separate technologies, so it doesn’t matter. Those who wish to discuss that here, go ahead. My point remains that the political will is there to bell the cat, er, the criminal. And given the GOJ’s propensity to treat foreigners as criminals (as opposed to immigrants), and to give the police free reign to rein in crime, to me it’s only a matter of time before fitting the transponders in the new proposed IC Chip Gaijin Cards leads to tracking them.

    Posted in Japanese Government, Japanese police/Foreign crime, Shoe on the Other Foot Dept., SITYS | 3 Comments »

    Sunday Mainichi on Foreign Crime Fearmongering as NPA policy

    Posted by Dr. ARUDOU, Debito on 22nd December 2006

    Hi Blog. SITYS. See I told you so. As far back as 2000 (when this whole thing started, really–Check out Chapter Three of my book JAPANESE ONLY), I was saying that foreign crime was being artificially generated by policymakers in order to justify more budgetary outlay. Well, here’s an article on it from the Mainichi […]

    Posted in Japanese Government, Japanese police/Foreign crime, Japanese Politics, Media, Problematic Foreign Treatment, SITYS | No Comments »