NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

mytest

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Hi Blog. Related to our recent posts by Senaiho about the unchecked bullying power of the self-appointed “Hair Police” in Japan’s secondary education system, here’s how a progressive system deals with it, particularly when it comes to hairstyles in the professional world. New York City’s Human Rights Commission will soon be enforcing guidelines dealing with racial discrimination when it comes to how people choose to wear their hair professionally. And these penalties have real teeth: The NYC HRC can levy fines on companies of up to a quarter-mil, plus damages in court afterwards!

This is, of course, absolutely unimaginable in Japan, where their state-sponsored “Bureau of Human Rights” (Jinken Yougobu) is but a Potemkin system (with no ability to levy penalties, and arbitrary guidelines for launching investigations) that only exists to deflect criticism from overseas that Japan isn’t respecting treaty obligations towards human rights. Consequently people of diversity are forced into an absolutist narrative where “looking Japanese” is not only quantifiable as a standard (e.g., hair must be straight and black), but also enforceable under normalized racial profiling by the Japanese police (which has detained people for “looking foreign” while Japanese). This is why “Embedded Racism” remains so unchecked in Japan.

Read on for how NYC HRC is doing it, and consider this as a template. Debito Arudou, Ph.D.

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New York City to Ban Discrimination Based on Hair
New guidelines out this week give legal recourse to individuals who have been harassed, punished or fired because of the style of their hair.
By Stacey Stowe
The New York Times, Feb. 18, 2019
https://www.nytimes.com/2019/02/18/style/hair-discrimination-new-york-city.html

PHOTO CAPTION: The New York City’s human rights commission specifically asserts the right of people to have “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

Under new guidelines to be released this week by the New York City Commission on Human Rights, the targeting of people based on their hair or hairstyle, at work, school or in public spaces, will now be considered racial discrimination.

The change in law applies to anyone in New York City but is aimed at remedying the disparate treatment of black people; the guidelines specifically mention the right of New Yorkers to maintain their “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

In practice, the guidelines give legal recourse to individuals who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The city commission can levy penalties up to $250,000 on defendants that are found in violation of the guidelines and there is no cap on damages. The commission can also force internal policy changes and rehirings at offending institutions.

The move was prompted in part by investigations after complaints from workers at two Bronx businesses — a medical facility in Morris Park and a nonprofit in Morrisania — as well as workers at an Upper East Side hair salon and a restaurant in the Howard Beach section of Queens. (The new guidelines do not interfere with health and safety reasons for wearing hair up or in a net, as long as the rules apply to everyone.)

The guidelines, obtained by The New York Times before their public release, are believed to be the first of their kind in the country. They are based on the argument that hair is inherent to one’s race (and can be closely associated with “racial, ethnic, or cultural identities”) and is therefore protected under the city’s human rights laws, which outlaw discrimination on the basis of race, gender, national origin, religion and other protected classes.

To date, there is no legal precedent in federal court for the protection of hair. Indeed, last spring the United States Supreme Court refused an NAACP Legal Defense and Educational Fund request to review a case in which a black woman, Chastity Jones, had her job offer rescinded in 2010 at an Alabama insurance company after she refused to cut off her dreadlocks.

But New York City’s human rights commission is one of the most progressive in the nation; it recognizes many more areas of discrimination than federal law, including in employment, housing, pregnancy and marital status. Its legal enforcement bureau can conduct investigations, and has the ability to subpoena witnesses and prosecute violations.

“There’s nothing keeping us from calling out these policies prohibiting natural hair or hairstyles most closely associated with black people,” said Carmelyn P. Malalis, the commissioner and chairwoman of the New York City Commission on Human Rights.

“They are based on racist standards of appearance,” Ms. Malalis continued, saying that they perpetuate “racist stereotypes that say black hairstyles are unprofessional or improper.”

In New York, it isn’t difficult to find black women and men who can speak about how their hair has affected their lives in both subtle and substantial ways, ranging from veiled comments from co-workers to ultimatums from bosses to look “more professional” or find another job.

For Avery, 39, who works in Manhattan in court administration and declined to provide her last name for fear of reprisal at work, the answer to how often she fields remarks on her hair in a professional setting is “every day.”

Avery said her supervisor, who is white, encourages her to relax her hair, which she was wearing in shoulder-length chestnut-colored braids. “She’s like, ‘You should do your hair,’ when it is already styled, or she says, ‘straight is better,’” Avery said. She added that the only hair color her supervisor approves of is black.

Georbina DaRosa, who is interning to be a social worker, had her hair in box braids as she ate lunch with a colleague at Shake Shack on East 86th Street on a recent weekend afternoon. Ms. DaRosa said her hair sometimes elicited “microaggressions” from her superiors at work.

“Like, people say, ‘I wouldn’t be able to recognize you because you keep changing your hairstyle,’ that’s typical,” said Ms. DaRosa, 24.

Her lunch partner, Pahola Capellan, who is also black and whose ringlets were bobbed just above her shoulders, said, of her own experience: “It’s very different. There’s no discrimination because my hair is more acceptable.”

A 21-year-old black woman who gave her name only as Enie said she quit her job as a cashier at a Manhattan Wendy’s six months ago when a manager asked her to cut off her 14-inch hair extensions. “I quit because you can’t tell me my hair is too long, but the other females who are other races don’t have to cut their hair,” said Enie, who now works at a hospital.

There has long been a professional toll for those with certain hairstyles. Almost 18 percent of United States soldiers in active duty are black, but it is only in recent years that the military has dropped its prohibitions on hairstyles associated with black culture. The Marines approved braid, twist and “lock” (usually spelled loc) hairstyles in 2015, with some caveats, and the Army lifted its ban on dreadlocks in 2017.

And certain black hairstyles are freighted with history. Wearing an Afro in the 1960s, for instance, was often seen as a political statement instead of a purely aesthetic choice, said Noliwe Rooks, an author and professor at Cornell University whose work explores race and gender. Dr. Rooks said that today, black men who shave designs into their hair as a stylistic choice may be perceived as telegraphing gang membership.

“People read our bodies in ways we don’t always intend,” Dr. Rooks said. “As Zora Neale Hurston said, there is the ‘will to adorn,’ but there is often a backlash against it.”

Chaumtoli Huq, an associate professor of labor and employment law at City University of New York School of Law, said that attitudes will change as black politicians, like Stacey Abrams, who ran for governor of Georgia, and Ayanna Pressley, who represents Massachusetts in Congress, rise in prominence.

“As more high-profile black women like Abrams and Pressley opt for natural hairstyles, twists, braids, we may see a positive cultural shift that would impact how courts view these guidelines that seek to prevent discrimination based on hair,” Ms. Huq said.

Hair discrimination affects people of all ages. In the past several years, there have been a number of cases of black students sent home or punished for their hairstyles. In New Jersey, the state civil rights division and its interscholastic athletic association started separate investigations in December when Andrew Johnson, a black high school student, was told to cut off his dreadlocks or forfeit a wrestling match.

Last August, an 11-year-old student in Terrytown, La., was sent home from school for wearing braids, as was a 6-year-old boy in Florida who wore dreadlocks. In 2017, Mya and Deana Cook, twin sisters in Massachusetts, were forced to serve detentions because officials said their braids violated their school’s grooming policy.

Similar instances in New York City could fall under the human rights commission’s expansive mandate, as do instances of retailers that sell and display racist iconography.

In December, the commission issued a cease-and-desist order to Prada, the Italian luxury fashion house, after the window of its SoHo store was adorned with charms and key chains featuring blackface imagery.

The fashion company instituted training in the city’s human rights law for employees, executives, and independent contractors. It also immediately pulled the line of goods from its United States stores.
ENDS

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

mytest

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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

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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.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform

mytest

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Hi Blog. Debito.org has been holding back on commenting on the Carlos Ghosn arrest.  A former president of Nissan and Mitsubishi, Ghosn was a hero in many circles for saving the formerly struggling Japanese automakers and making them world players again.  (Disclosure:  I’ve owned a number of Nissans, and found their quality improved over the years.)  So imagine everyone’s surprise (not the least his) when he’s returning from an overseas meeting last November and suddenly gets arrested at Haneda Airport (along with a fellow NJ associate), and thrown in the clink without trace for the standard 48 hours without charge, then a couple of ten-day periods before re-arrest and repeat.

The reason Debito.org has been holding back is because, well, actually, what happened to Ghosn after arrest is not all that surprising from a jurisprudential perspective.  This could happen to anyone regardless of nationality (excepting the general denial of bail for NJ).  And I personally have to admit feeling just a shade of schadenfreude for a filthy-rich one-percenter getting taken down a peg.

Truth is, I wanted to see if he’d get the standard treatment afforded most perps in Japan — a few weeks, months, or even more than a year of disappearing while being put under constant duress until you sign a confession (aka “hostage justice“).  Plus the standard treatment given NJ under arrest — an additional presumption of a lack of human rights for foreigners.  More on all that in my book Embedded Racism, Ch. 6, “A Chinaman’s Chance in Japanese Court”. I did comment on Ghosn for The Japan Times in my annual year-end round-up Just Be Cause column (published version here, “Director’s Cut” here).

Well, Ghosn has gotten the treatment.  Except for the fact he’s been able to communicate with the media in high-profile interviews.  More on that below.  So here’s Debito.org’s long-awaited comment about the Ghosn Case (from that “Director’s Cut”):

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DEBITO.ORG COMMENTS:  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 Debito.org’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% 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.

(Source on “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
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/)

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Well, the news is now Ghosn’s case has been picked over by the media (the charges are being called “thin soup” below).  And Ghosn’s high-profile status has enabled him to get a high-profile interview with the Nikkei newspaper below (for fifteen minutes, with a five-minute extension).  Few if any other people incarcerated in this system have this much ability to draw attention and make their case to the public.

Moreover, since Ghosn’s Japanese language abilities are probably not at the level of the language in his interview, it’s reasonable to assume  the interview was in English.  In my direct experience in dealing with other incarcerated foreigners, if they talk with anyone they must do it with a guard present, and they must speak in Japanese at all times so the guard can understand what’s being said.  Ghosn’s ability to get around that rule seems to be another trapping of his privilege.

That’s a bit annoying.  But if it eventually shines light on an abuse of the Japanese judicial system in specific (i.e., uneven enforcement of the law), and shames Japan into reforming its “hostage justice” interrogation system in general, then some good may come of it.

In the end, the Ghosn Case, on top of the the Woodford Case, remain excellent reasons why foreigners shouldn’t hope to become executives in Japanese companies.  One boardroom coup later by the nativists, you could be in jail for being CEO while foreign. Debito Arudou, Ph.D.

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NISSAN’S GHOSN CRISIS
Exclusive interview: Ghosn says ‘plot and treason’ led to arrest
Ex-Nissan chief claims rivals wanted to ‘get rid’ of him
Nikkei Asian Review, Nikkei staff writers, January 30, 2019
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Exclusive-interview-Ghosn-says-plot-and-treason-led-to-arrest

In his first interview since being detained on Nov.19, ousted Nissan Chairman Carlos Ghosn claimed that certain people had “distorted reality” for the purpose of “getting rid of him.”

TOKYO — Former Nissan Motor Chairman Carlos Ghosn told Nikkei in an exclusive interview Wednesday that he had “no doubt” that the charges against him were the result of “plot and treason” by Nissan executives opposed to his plan for deeper integration between Renault and its two Japanese alliance partners.

Speaking on the 10th floor of the Tokyo Detention House, dressed in a black fleece jacket and gray sweatpants, Ghosn acknowledged that “there was a plan to integrate” Renault, Nissan and Mitsubishi Motors. The plans had been discussed with Nissan President Hiroto Saikawa in September, he added.

In his first interview since being detained on Nov. 19, Ghosn claimed that he had wanted to include Mitsubishi Motors CEO Osamu Masuko in the talks, but “Saikawa wanted it one-on-one.”

Once the three automakers were more closely integrated, Ghosn wanted to ensure there would be “autonomy under one holding company,” he said, adding that this plan was in line with how he had operated the alliance in past years.

Allies of Ghosn’s have argued that some Nissan executives feared a further concentration of power under his leadership, prompting them to cooperate with Tokyo prosecutors.

Nikkei had been requesting a one-on-one interview with Ghosn since his arrest last year. The approval was granted this week.

Ghosn was allowed by the Tokyo District Court to speak with Nikkei. Media interviews with prominent business leaders in detention are extremely rare in Japan.

“We don’t have much time. Let’s get started,” Ghosn said at the beginning of the interview from behind the acrylic glass partition. As the end of the allotted 15 minutes approached, he asked the officer for “a little more” time, and was granted a five-minute extension.

The Brazilian-born tycoon has dismissed accusations that his 19-year reign at Nissan was a “dictatorship,” saying this was a narrative created by rivals who wanted to remove him. “People translated strong leadership to dictator, to distort reality” for the “purpose of getting rid of me,” he added.

Ghosn has been held without bail for more than 70 days since Tokyo prosecutors arrested him on allegations of financial misconduct.

He was charged with underreporting his salary over several years, and aggravated breach of trust for allegedly transferring to Nissan personal trading losses from foreign exchange contracts.

The breach-of-trust charges center on $14.7 million in payments to a company run by Saudi businessman Khaled al-Juffali.

He denied the accusations and claimed “the executive in charge of the region signed [the approval].”

The payment was made from Ghosn’s “CEO reserve,” a pot of money that he was free to decide how to spend. He said the “CEO reserve is not a black box” and “four officers signed” for the payment to al-Juffali.

Ghosn is also accused of receiving 7.82 million euros ($8.9 million) in improper payments through Nissan-Mitsubishi B.V., a Netherlands-based joint venture between the two Japanese companies. He said the venture was established for “synergy and not for payment,” adding that the claims of improper payments were a “distortion of reality.”

Ghosn said his purchase of luxury properties in Rio de Janeiro and Beirut — which Nissan alleges were paid for improperly through a subsidiary — were approved by the legal department. Pointing to a former loyalist and long-time executive in the legal department, Ghosn said: “Hari Nada has done all this.”

He justified the houses on the grounds that he “needed a safe place where [he] can work and receive people in both Brazil and Lebanon.”

“[Have I] done [something] inappropriate? I am not a lawyer, I don’t know the interpretation of [such] facts,” Ghosn said, showing his frustration over Nissan’s internal investigation.

“These are known by everybody, why didn’t they tell me?”

Ghosn, whose second bail request was rejected Jan. 22, insisted that he was not a flight risk and he would not destroy evidence.

“I won’t flee, I will defend [myself],” he added. “All the evidence is with Nissan, and Nissan forbids all employees to talk to me.”

When asked about life in the detention center, Ghosn said “there is up and down.” As for his health, he simply said he was “doing fine.”

After his arrest, Ghosn appeared to have envisioned attending a Renault board meeting in Paris, explaining his position, and holding a news conference. But his prolonged detention in a Tokyo jail frustrated those plans.

Nissan dismissed Ghosn from his position as chairman in November. An extraordinary general meeting of shareholders scheduled in mid-April is expected to remove Ghosn as a director.

Ghosn resigned as chairman and CEO of Renault, and former Michelin chief Jean-Dominique Senard was appointed as the chairman.

The three members of the alliance are expected to revisit how it is operated in the absence of Ghosn’s leadership. “I cannot speculate about the future of the alliance,” Ghosn said.

The French government, Renault’s largest shareholder, has previously requested Ghosn make the relationship between the two automakers “irreversible.”

Following Ghosn’s arrest, France also informed Tokyo of an intention to press ahead with integration. Saikawa, in contrast, has insisted there is “no need for now to discuss [it].”

Interviewed by Nikkei commentator Atsushi Nakayama and Nikkei staff writers Akito Tanaka and Yosuke Kurabe.

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

OPINION
Ghosn charges are thin soup — case for ex-Nissan boss
Prosecutors fail to make a strong case against car maker’s former chief
By Stephen Givens, Nikkei Asian Review, January 29, 2019
https://asia.nikkei.com/Opinion/Ghosn-charges-are-thin-soup-case-for-ex-Nissan-boss

Two months after his arrest at Haneda Airport and confinement at Kosuge detention center, we now have a good picture of the criminal case against Carlos Ghosn-and it looks like pretty thin soup.

As reported in the media, the evidence shows not criminal malfeasance, but at most lapses in judgment and corporate protocol that ultimately did not result in any actual harm to Nissan Motor or its shareholders or personal enrichment of Ghosn.

The criminal case turns on a series of technical and subjective judgments about whether the words of the relevant statutes and regulations apply to the transactions in question.

By any objective measure, the misconduct alleged was less serious than the corporate misfeasance that is routinely overlooked in Japan or handled by noncriminal administrative wrist-slapping.

The first, and for many weeks the only, criminal charge brought against Ghosn was that Nissan’s periodic securities filings disclosed just the currently payable portion of his compensation. They failed to report the portion deferred until after his retirement.

Ghosn’s motive for not wanting to report his full compensation currently-that it was embarrassingly large in relation to that of other Japanese CEOs and Ghosn’s Nissan colleagues — does not constitute serious criminal intent.

Further, the evidence indicates that Ghosn tried in good faith to structure the deferred compensation in a way that would permit him legally not to report it currently under the rules, which require current reporting of director-level compensation only to the extent the right to receive it has become “clear.”

Though the documentation has not been made public, it appears that it was structured as some kind of post-retirement consulting arrangement that would, at a minimum, require Ghosn to provide Nissan with services after retirement to collect the compensation.

It is hard to imagine that Nissan would have failed to report Ghosn’s deferred compensation over many years without professional legal advice that it did not need to be currently reported because Ghosn’s right to receive it was conditional.

It is equally hard to understand why Nissan’s Japanese management, having condoned the deferred compensation arrangement and its nonreporting for years, is now using it as the lead card in the criminal case.

Beyond this, criminal liability under the Financial Instruments and Exchange Act for false disclosure is explicitly predicated on the requirement that it be “material”- that is, it would have a significant impact on an investor’s decision to sell or buy Nissan shares.

For investors, the amount of Ghosn’s unreported deferred compensation, about $10 million per year, is clearly very small compared to Nissan’s $90 billion in annual revenues.

Meanwhile, Japan’s weak securities disclosure standards permit Nissan not to reveal information that would be much more relevant to investors, such as the terms of the “alliance” contracts between Renault, Nissan’s major shareholder, and Nissan.

It does not inspire confidence in Japan’s justice system that Ghosn’s guilt or innocence on the this charge will hinge on semantic distinctions over the meanings of “clear” and “material.”

The second criminal charge against Ghosn is for two, related claims of “aggravated breach of trust” under the Companies Act. This vaguely-worded statute imposes criminal liability on directors of a company who for personal gain “commit an act in breach of such person’s duties and causes financial damages” to the company. Typically this statute is applied to cases of embezzlement-executives taking company assets.

The first prong of the breach of trust charge has been loosely characterized in the press as “the shifting of Ghosn’s personal foreign exchange losses to Nissan” but details of the transactions disclosed by Ghosn’s lawyers show it to be less pernicious than advertised.

Ghosn entered into a foreign exchange hedging transaction with Shinsei Bank to protect his yen-denominated Nissan compensation against the risk of depreciation. Like many others he failed to anticipate the financial crisis of 2008, which sent the yen soaring and reduced the value of the Nissan securities he had offered Shinsei Bank as collateral.

Shinsei Bank asked Ghosn for additional security. Ghosn considered offering the value of his uncashed Nissan retirement allowance-but doing so would have required him actually to leave Nissan at a time he was a vital part of the management. Instead, he asked Nissan to guarantee his downside risk on the hedge, but pledged to fully cover the liability.

Critically, Ghosn’s request for help with his unexpected difficulty received formal approval by the Nissan board. Admittedly the Securities Exchange Surveillance Commission (SESC), deemed the transaction improper a few months later and ordered Nissan to get rid of the hedging contract.

So, Nissan carried a contingent liability — fully guaranteed by Ghosn — as an accommodation to its CEO for approximately four months. Nissan suffered no actual loss and was never at risk because it was fully covered by Ghosn’s retirement allowance. The transaction was not concealed; it was approved by the Nissan board and reported to the SESC, which saw no reason to request a criminal probe a decade ago.

So, you may ask, where is the crime? According to news reports, it turns out the prosecutors are not satisfied with the drafting of the board resolution. They are quibbling that the board resolution did not mention Ghosn by name and only referred generically to “foreign board members” as beneficiaries of the transaction. Moreover, the prosecutors are claiming the resolution was not specific on how Nissan was to be protected with 100% certainty against possible loss. Ghosn’s criminal liability turns almost entirely on the wording of a board resolution that Ghosn himself surely did not draft.

The second prong of the breach of trust charge relates to the subsequent transfer, in compliance with the SESC’s order, of the Shinsei Bank contract from Nissan to companies controlled by Saudi national Khaled Juffali. Nissan affiliates in the Middle East paid Juffali’s companies $14.7 million over four years for variety of “support activities” in the region. The prosecutors claim that Nissan’s money was paid for Juffali’s guarantee of Ghosn’s personal contingent liability.

It seems unrealistic, however, that anyone would pay $14.7 million of Nissan money for a guarantee of a contingent liability worth at most $16.7 million-a huge overpayment.

This strongly suggests that Juffali’s companies were being paid for doing more than simply backing Ghosn’s Shinsei liability. The more commercially-likely scenario is more innocuous, one in which Ghosn asked a friendly business counterparty to assume an essentially riskless contingent liability as a favor in the context of a long-term business relationship. This represents the kind of mutual exchange between companies with long-term relationships practiced daily by the Japanese corporate establishment.

No question, a more scrupulous and careful executive would have avoided pushing the gray boundaries of the law. But nothing we know that Ghosn allegedly did smells like a serious crime deserving prison. That he remains in confinement while the prosecutors argue semantics to deprive him of his freedom places Japan’s criminal justice system in an awkward light.

Stephen Givens is a corporate lawyer based in Tokyo.

ENDS

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

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

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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:

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

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.

To start with Miyake and his most recent article, he questions just how “Japanese” Naomi Osaka is: “Yes, she is [the first Japanese to be ranked World No. 1 in tennis]. But not quite so, is she?” He goes on to pick over her Haitian-American-Japanese background, noting that she “calls America home” and plays for Japan because of “more financial support.”

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

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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):

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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

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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.

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 targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)

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

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

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

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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

Surprising survey results from Pew Research Center: Japan supportive of “immigration”

mytest

Hello Blog. Some weeks ago Debito.org Reader FB sent along a link to an article which noted: “Spain and Japan were among the most open to the idea of increased immigration, with 28% and 23% of their respective populations supporting more immigration. Japan, known for its isolationist policies and historically low immigration numbers, is facing a dire economic threat — its population is getting older” (bold emphasis added). It cited a recent worldwide Pew Research Global Attitudes Survey of 27 countries on international migration of labor etc., which can be found as a pdf here and a report here.

I was incredulous. I’ve written before how Japan’s policymakers, even its demographic scientists, view the word “immigration” (imin) as a taboo term and topic of discussion. So I wondered if there had been some finagling of the question’s translation, as in, using the term gaikokujin (foreigner) instead of imin–because imin itself would be clumsy in construction as a disembodied term unlinked to people (i.e., there is as yet no popularized word iminsha for immigrant). Likewise, there is no official “immigration policy” (imin seisaku) in Japan either to convert newcomers into permanent residents and citizens.

So I wrote to Pew directly:

From: “Debito Arudou”
Subject: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: info@pewresearch.org


To Whom It May Concern,
I [have] a question about your recently-released Global Attitudes survey.
http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372
Regarding the Japanese response to Q52:

Q52. In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? 

 

Could you please send me the text of this question as rendered in the original Japanese? I can read Japanese text.
Thank you very much. Sincerely, Debito Arudou

I received the following answer:

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

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

[emphases added in boldface, highlighting imin no kazu, or immigration numbers]
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   

COMMENT:

Well, if that’s the exact text Pew read over the phone to the Japanese respondents, I can’t doubt it. But I’ve never seen the word imin used in this context in Japan, moreover asked of more than a thousand respondents, as per the methodology of the Global Attitudes Survey:

Courtesy: http://www.pewresearch.org/methodology/international-survey-research/international-methodology/

More surprising were the responses from the Japanese surveyed:

Courtesy http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372

Just gawk at those numbers. Japan has the lowest “Few Immigrants/None” and the highest “About the same number of Immigrants/More” combined of all the countries surveyed!

Again, the diehard skeptic in me wants to poke holes in this survey, especially given the constant duplicity of the MOJ and the GOJ towards NJ in general, especially when it comes to surveying the general public. But this is Pew, and they are among the most rigorous of international surveyors we’ve got. Given that they used the term “immigration numbers” (not just the “temporary-foreign-labor-on-revolving-door-visas” connotation that a mere term like gaikokujin would have allowed), this is on the surface quite promising.

Next stage, an actual Immigration Ministry (Imin Shou), which I believe may also someday be in the cards. The Immigration Bureau is being upgraded to an actual Agency (Cho), one step below a Ministry, come April.

Thoughts? Dr. Debito Arudou

Books, eBooks, and more from Dr. Debito Arudou (click on icon): Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover UPDATES ON TWITTER: arudoudebito DEBITO.ORG PODCASTS on iTunes, subscribe free “LIKE” US on Facebook at http://www.facebook.com/debitoorg https://www.facebook.com/embeddedrcsmJapan http://www.facebook.com/handbookimmigrants https://www.facebook.com/JapaneseOnlyTheBook https://www.facebook.com/BookInAppropriate If you like what you read and discuss on Debito.org, please consider helping us stop hackers and defray maintenance costs with a little donation via my webhoster: Donate towards my web hosting bill! All donations go towards website costs only. Thanks for your support! Do you like what you read on Debito.org?  Want to help keep the archive active and support Debito.org’s activities?  Please consider donating a little something.  More details here. Or even click on an ad below.

Book “Embedded Racism in Japan”, acclaimed as “important, courageous and challenging” and “a must-read” by prominent academic journals, now discounted to $34.99 if bought through publisher directly, using promo code LEX30AUTH16

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (click on icon):
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Hi Blog. “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” has been receiving acclaim.   Prominent Japan Scholar Tessa Morris-Suzuki calls it “important, courageous and challenging“, the Pacific Affairs journal finds it “a timely and important contribution to social and scholarly debates about racial discrimination in Japan“, the Japan Studies Association of Canada says it is “an important contribution to geography, cultural and area studies“, and the Sociology and Ethnic Studies imprint of the American Sociological Association calls it “a brave critique of Japanese society and its failure to look outward in its demographic and economic development, … as it makes an important contribution for those wishing to understand racism in Japan better… The book would easily suit courses that address global conceptions of race and ethnicity and how these are changing in Japan at both the micro and macro levels because of globalization.”

Dr. Robert Aspinall in a review in Social Science Journal Japan concludes:

“There are important academic contributions to the study of racism in Japan in this book, but it is as a must-read text on the crisis facing the shrinking Japanese population and its leaders that it really leaves its mark. Embedded Racism is highly recommended reading to anyone—whether they self-identify as Japanese or foreign or both—who is interested in Japan’s future.” (read more)

“Embedded Racism” has been discounted 30% for a limited time to $34.99 in paperback and Kindle if bought through my publisher (Lexington Books/Rowman & Littlefield) directly.

Go to https://rowman.com/ISBN/9781498513906/Embedded-Racism-Japan’s-Visible-Minorities-and-Racial-Discrimination and use promo code LEX30AUTH16. (Japan residents have reported getting the book in about a week for $40 including quick shipping.)

More information and reviews on the book at http://www.debito.org/embeddedracism.html.

Download a book flyer and order form at http://www.debito.org/EmbeddedRacismPaperbackflyer.pdf

More than 130 of the world’s major research libraries (including Harvard, Princeton, Yale, Stanford, Cornell, Columbia…) have in its first year of publication made “Embedded Racism” part of their collections (according to WorldCat).  Add it to yours!

Thanks very much as always for reading! Dr. Debito Arudou

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

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  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

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

mytest

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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

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

mytest

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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

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

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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JT: GOJ Cabinet approves new NJ worker visa categories. Small print: Don’t bring your families. Or try to escape.

mytest

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Hi Blog. As per the JT article below, the next wave of NJ temp labor has been officially approved by the Abe Cabinet. The new statuses mostly still have the caveat of being temp, unrooted labor (bringing over families is expressly verboten).  And you can qualify for something better if you manage to last, oh, ten years — around one-fifth of a person’s total productive working life.  Because, as the JT reported in a follow-up article days later, time spent working under these visa statuses in particular does NOT count towards their required “working period” when applying for Permanent Residency.

Another interesting part of this article is the bit about how many Indentured “Trainee” NJ workers had “gone missing” from their generally harsh modern-slavery working conditions (4,279) so far this year, and how it might even exceed last year’s record total of 7,089.  Anyway, with the news below, the GOJ looks set to invite in even more people, in even more work sectors, and with the regular “revolving-door” work status (i.e., not make immigrants out of them).

Some people have gotten wise to this practice and are staying away from Japan, but I bet many won’t.  Unless we let them know in venues like Debito.org.  Dr. Debito Arudou

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

Japan’s Cabinet approves bill to introduce new visa categories for foreign workers, to address shrinking workforce
BY SAKURA MURAKAMI AND TOMOHIRO OSAKI STAFF WRITERS
The Japan Times, Nov 2, 2018, courtesy of JDG (excerpt)
Courtesy https://www.japantimes.co.jp/news/2018/11/02/national/major-policy-shift-japan-oks-bill-let-foreign-manual-workers-stay-permanently/

The Cabinet approved a bill Friday that would overhaul the nation’s immigration control law by introducing new visa categories for foreign workers, in an attempt to address the graying population and shrinking workforce.

“Creating a new residence status to accept foreign workers is of utmost importance as the nation’s population declines and businesses suffer from lack of personnel,” Chief Cabinet Secretary Yoshihide Suga said at a news conference on the day.

Although details remain hazy, the new bill marks a departure from previous policy in allowing foreign individuals to work in blue-collar industries for a potentially indefinite amount of time if certain conditions, such as holding a valid employment contract, are met.

Yet amid concerns over whether the nation has the infrastructure and environment to accommodate an inflow of foreign workers, the government has categorically denied that the overhaul will open the doors to immigrants.

“We are not adopting a policy on people who will settle permanently in the country, or so-called immigrants,” Prime Minister Shinzo Abe told the Lower House Budget Committee on Thursday. “The new system we are creating is based on the premise that the workers will work in sectors suffering labor shortages, for a limited time, in certain cases without bringing their families.”…

The overhaul, which would come into effect in April if passed during the current extraordinary Diet session, would create two new residence status types for foreign individuals working in sectors suffering labor shortages.

The first category would be renewable for up to five years and would require applicants to have a certain level of skill and experience in their fields. As a general rule, workers in this category would not be allowed to bring family members into the country.

The second category would be renewable indefinitely for workers with valid employment contracts. This category would require a higher level of skills than the first category and would allow workers to bring along spouses and children.

Regardless of the category, the foreign workers would be required to work in designated sectors that face labor shortages. Some 14 sectors are being considered for designation in the first category, whereas five are being considered for the second, media reports have said. Those sectors include the construction, agriculture and hotel industries.

Opposition lawmakers have slammed the apparent haste with which the government is trying to pass the amendment, proposing that it prioritize rectifying the current Technical Intern Training Program — which is rife with allegations of human rights violations and abuse — before further expanding avenues for foreign labor.

Speaking to the same Lower House Budget Committee on Thursday, Justice Minister Yamashita revealed that a total 4,279 trainees under the program had gone missing in the January-July period this year.

“This is an extraordinary figure,” said lawmaker Akira Nagatsuma of the Constitutional Democratic Party of Japan, adding that the pace suggests the number of missing interns in 2018 could exceed last year’s record — 7,089 — by year-end.

Nagatsuma also said that the whereabouts of many of these trainees who disappeared from work remain unknown, with Justice Ministry data showing that there were 6,914 such individuals staying somewhere in the country, under the radar, as of January this year. “I believe that this year will also see a substantial number of missing trainees in total, but I don’t think we should blame the foreign nationals who ran away in all of these cases. I’m sure there are lots of cases where the trainees felt they had to get away, or even thought they might die if they stayed,” Nagatsuma said, citing examples of trainees being harassed or bullied, cooped up in a cramped apartment and consigned to menial jobs that require no technical skills.

“I think it’s very irresponsible of the government to try to open more doors for foreign workers while turning a blind eye to these existing problems under the trainee program,” he said.

Opposition lawmakers also say the government’s claim that it will set rigid, high-bar criteria for transition from the first visa type to the second — lest the system be misconstrued as Japan shifting toward accepting immigrants — might not sit well with the nation’s business community.

In a hearing with multiple ministries earlier this week, Kazunori Yamanoi, a lawmaker for the opposition Democratic Party For the People (DPFP), raised a hypothetical, but highly likely, situation in which trainees recruited under the existing internship program switch to the new visa framework after up to five years of their apprenticeships.

Under this scenario, these foreign workers will have stayed in Japan for a total 10 years by the time their visa expires after another five years. “By then, those foreign workers with 10 years of experience in Japan will have developed such seasoned skills that they may even hold critical positions in their companies … and I would imagine company employers wanting them to transition to the second-category visa so they can stay on,” Yamanoi said.

A Justice Ministry official, when contacted by The Japan Times, said it is “theoretically possible” that these workers with 10 years of experience in Japan would qualify for permanent residency, but how the reality will play out is still uncertain…

Full article at https://www.japantimes.co.jp/news/2018/11/02/national/major-policy-shift-japan-oks-bill-let-foreign-manual-workers-stay-permanently/

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

mytest

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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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Fuji TV’s “Taikyo no Shunkan”: Reality TV targeting NJ as sport. Again.

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Japanese TV is at it again. Fuji TV is taking advantage of the weak position of Non-Japanese in Japan’s media, presenting sensational programming that specifically targets NJ for entertainment purposes.

Consider this report from Nevin Thompson at Global Voices (excerpt):

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Japanese television program turns migrant raids and deportations into entertainment

deportation entertainment japan

Captions: (Top) “Full Coverage: Immigration Bureau G-Men: Tracking down a Vietnamese illegal alien over the course of one month” (Bottom) “ILLEGAL OVERSTAYER” “FORCED DEPORTATION”

Screenshot from the television show “At the Very Moment They Were Deported” (タイキョの瞬間) on YouTube.

As Japan predicts a rise in the number of immigrants and foreign tourists in the coming years, a new television show has turned migrant deportations into entertainment. The program provoked some outraged viewer reactions and insights about the plight faced by visa overstayers and undocumented migrants in Japan.

Taikyo no Shunkan (タイキョの瞬間) (English translation: “At the Very Moment They Were Deported”) premiered on Fuji Television in a Saturday evening prime time slot on October 6, 2018.

Using a typical reality show format, the two-hour program follows a group of so-called “G-Men”, or immigration officers, employed by the Tokyo regional office of the National Immigration Bureau as they hunt down visa overstayers and so-called “illegal aliens” (fuhotaizaisha, 不法滞在者) and squatters (fuhosenshu, 不法占有) on camera.

In one segment, the immigration officers stake out the apartment of a Vietnamese man suspected of violating the conditions of his trainee visa. He and two others are arrested and interrogated on camera before being deported 24 hours later.

In another segment, the immigration officers storm a factory and detain a group of Indians suspected of being undocumented workers — the owners of the factory never appear on camera.

A final segment investigates the problem of Chinese “squatters” who have set up a vegetable patch on public land on an isolated stretch of riverbank in Kyoto.

For now, a fan upload of the video of the entire program can be viewed on DailyMotion…

Rest at https://globalvoices.org/2018/10/10/japanese-television-program-turns-migrant-raids-and-deportations-into-entertainment/

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

COMMENT:  Debito.org has focussed on this kind of programming before.  Consider this segment from a larger archive of broadcast media bashing NJ as terrorists and criminals, a phenomenon that gained political traction as former Tokyo Gov. Ishihara fanned the flames of xenophobia starting from around 2000.  Not to mention the racist and propagandisticGaijin Hanzai” magazine (2007) that also seemed to be made with the cooperation of the Japanese authorities,  More on this issue in general in Chapter 7 of book “Embedded Racism“.

Debito.org Reader JDG began discussing this issue on a blog post elsewhere, and sent a link that is already dead.  Even the Asahi had something to say about it:

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

フジ「タイキョの瞬間!」に批判 「外国人差別を助長」
朝日新聞 2018年10月9日, courtesy of NH
https://www.asahi.com/articles/ASLB965QCLB9UCVL033.html

フジテレビ系で6日夜に放送された「タイキョの瞬間!密着24時」に、反発の声が上がっている。外国人問題に取り組む弁護士らが「人種や国籍等を理由とする差別、偏見を助長しかねない」とする意見書をフジに送ったほか、ネット上でも番組の姿勢を問題視する声が出ている。

タイキョの瞬間!は、午後7~9時放送の単発番組で、副題は「出て行ってもらいます!」。ナレーションによると「法を無視するやつらを追跡する緊迫のリアルドキュメント」で、テーマは強制退去。不法占拠や家賃滞納の現場を紹介する中で、外国人の不法就労なども取り上げた。

技能実習生として来日した後に逃亡したベトナム人女性が、不法就労をしたとして東京入国管理局に摘発される様子のほか、同局の収容施設を「約90通りの料理を用意できる」「刑務所とは異なり、食事と夜間以外は自由に行動できる」などと紹介する場面などを放送した。「取材協力 東京入国管理局」と明示され、東京入管のツイッターも放送前に「ぜひご覧下さい!」と番組をPRしていた。

弁護士の有志25人は9日、フジに送った意見書で、技能実習制度の問題点や、収容施設の医療体制の不十分さ、自殺者が出ていることに番組が一切触れなかったことなどを指摘。「外国人の人権への配慮が明らかに欠如する一方、入管に批判なく追従し、主張を代弁しただけの、公平性を著しく欠いた番組」だと批判した。ネットでも「入管のプロパガンダ番組だ」などの声が上がっている。

フジテレビ企業広報室は取材に対し9日、「この番組では、さまざまな退去の瞬間にスポットを当て、その様子を放送いたしました。東京入国管理局が、不法滞在・不法就労の外国人を摘発するシーンもございましたが、取材に基づいた事実を放送しており、決して外国人を差別する意図はございません。番組に対して、いただいたご意見は真摯(しんし)に受け止め、今後の番組制作に生かして参りたいと考えています」と答えた。
ENDS

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

In the end, will there be any retractions, apologies for stereotyping, or even acknowledgments and caveats that NJ do good things in Japan too?  As book “Embedded Racism” points out in Ch. 7, not likely.  After all, NJ have so little right-of-reply in Japan’s media that bashing and blaming NJ for just about anything has long been normalized in Japan’s media. It’s simply part of standard operating practice — at the level of entertainment.  Even a sport.  It’s a foxhunt for gaijin.  Dr. Debito Arudou

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

mytest

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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.

“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,” Dethlefsen said.

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.

“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,’ ” Dethlefsen said.

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/

==================================
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SCMP: “Tennis queen Naomi Osaka a role model, says ‘Indian’ Miss Japan Priyanka Yoshikawa”. A little more complex than that.

mytest

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Hi Blog.  Have a look at this article, then I’ll comment:

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

Tennis queen Osaka a role model, says ‘Indian’ Miss Japan
Mixed-race beauty queen believes tennis ace can break down racial barriers in homogenous Japan
South China Morning Post Monday, 24 September, 2018
https://www.scmp.com/news/asia/east-asia/article/2165500/tennis-queen-osaka-role-model-says-indian-miss-japan

Japanese tennis sensation Naomi Osaka not only hit the cash jackpot with her historic US Open victory – she struck a blow for racial equality, according to a former Miss Japan.

Following her 6-2, 6-4 thrashing of childhood idol Serena Williams in New York earlier this month, Osaka is set to become a global marketing force as sponsors prepare to break the bank to sign the 20-year-old.

But Priyanka Yoshikawa, who two years ago was crowned Miss Japan, believes Osaka can also help break down cultural barriers in a country where multi-racial children make up just two per cent of those born annually.

“Japan should be proud of her – she can definitely break down walls, she will have a big impact.”

Osaka, who has a Japanese mother, a Haitian father and was raised in the United States, is set to shine a light on what it means to be Japanese, predicts Yoshikawa.

“The way she speaks, and her humbleness, are so Japanese,” said the 24-year-old.

“Japan puts all ‘haafu’ in the same bucket,” added Yoshikawa, referring to the Japanese for “half” – a word to describe mixed race.

“Whether you’re part Russian, American or African, you’re still categorised as ‘haafu’ in Japan.”

Yoshikawa’s Bollywood looks swept her to Miss Japan victory a year after Ariana Miyamoto faced an ugly backlash in 2015 for becoming the first black woman to represent the country.

Critics took to social media complaining that Miss Universe Japan should have been won by a “pure” Japanese.

Unlike Yoshikawa and Miyamoto, Osaka speaks hardly any Japanese after moving to Florida with her family as a toddler.

“It’s not about language,” insists the Tokyo-born Yoshikawa, who was bullied because of her skin colour as a child.

“Why does that bother people? It’s just because she has darker skin and is mixed race. People still ask me if I eat curry every day or if I can use chopsticks!

“But she’s what she thinks she is. If you think you’re Japanese, you’re Japanese.”

Osaka, who won her first title at Indian Wells earlier this year, is not the first mixed-race athlete to achieve fame in Japan.

Koji Murofushi, who is half-Romanian, captured the hammer throw gold at the 2004 Athens Olympics, while half-Iranian Yu Darvish is a starting pitcher for Major League Baseball’s Chicago Cubs.

Sprinter Asuka Cambridge, who has Jamaican blood, claimed a silver medal in the 4x100m relay at the 2016 Rio Olympics, while two of Japan’s Davis Cup tennis team – Taro Daniel and Ben McLachlan – are also of mixed race.

But Osaka is set to become the highest profile, not to mention the richest.

Despite having her 10-match win streak snapped by Karolina Pliskova in Tokyo at the weekend, Osaka can take consolation in her ballooning financial worth.

Sportswear giant Adidas is reportedly lining up a record sponsorship deal worth more than US$10 million a year that would see Osaka become the second highest-paid female athlete behind Williams, according to Forbes.

Osaka is also endorsed by Yonex, Japanese food company Nissin and watch maker Citizen.
A new three-year deal with car maker Nissan underlined her earning power after becoming the first Japanese player to win a grand slam singles title.

“Compared to Kei Nishikori, who is a superstar in Japan but not in the world’s top five, Naomi Osaka has the potential to be number one,” said Hirotaka Matsuoka, sports marketing professor at Waseda University.

“She is tri-racial (Japan, United States and Haiti), a world athlete. Naomi is now the most marketable athlete in Japan, maybe in the world.”

But Yoshikawa believes Osaka’s celebrity will help change the DNA of Japanese pop culture, like mixed-race fashion icons Rola, Jun Hasegawa and Jessica Michibata before her.

“Naomi can definitely do so much good in the future” said Yoshikawa.

“But it’s still going to take more time for people to think ‘haafu’ can be Japanese,” she warned. “We need more people like Naomi.”

This article appeared in the South China Morning Post print edition as: Tennis sensation Osaka strikes blow for racial equality: ex-Miss Japan
RELATED ARTICLE: Half-Indian ‘elephant whisperer’ crowned Miss Japan but many would prefer ‘pure’ winner

(Ms. Yoshikawa and I during a panel discussion on Al-Jazeera, in 2016. Link to that broadcast here.)

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

COMMENT: Indeed. Japan needs more people like Naomi. And like Priyanka. And Ariana Miyamoto. And Murofushi. And Asuka Cambridge.  And Bekki.  And Jero.  And Darvish.  And Miyazawa Rie.  And Umemiya Anna.  And Hiroko Grace. And Kinugasa “Iron Man” Sachio. And any number of other “haafu” celebrities in Japan who have made history over generations, but barely made a dent in diversifying Japan’s racialized self-concept of “Japaneseness” being predominantly pure-blooded.  I’m not sure what’s different this time.

Again, Debito.org is very happy to cheer on Ms. Osaka as she navigates her way through Japan’s adult society and through the trappings and pitfalls of sports fame. But it‘s far too soon to be this optimistic that any real change has happened or will happen. As we’ve seen from the world-class people above, it takes a lot more than one tennis star to undo this degree of “Embedded Racism“. Where’s the “tipping point“?  Dr. Debito Arudou

==================================
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My Japan Times JBC Col 113: “Warning to Naomi Osaka: Playing for Japan can seriously shorten your career” (Sep. 19, 2018)

mytest

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Hi Blog. Developed from an earlier post on Debito.org, here is my 113th JUST BE CAUSE column for The Japan Times Community page.  Here’s a teaser opening with a link to the rest of the article.  Dr. Debito Arudou

==========================================
Warning to Naomi Osaka: Playing for Japan can seriously shorten your career
JBC 113 for the Japan Times Community page
By Debito Arudou, September 19, 2018

JUST BE CAUSE
justbecauseicon.jpg

First, Just Be Cause congratulates Naomi Osaka on her outstanding win over tennis legend Serena Williams in the U.S. Open. Osaka’s grace under fire was world-class, and she deserves all the plaudits she can get.

And let’s just get this out of the way: I also agree that Williams had every right to protest her treatment by a heavy-handed umpire. The ump made the game about his ability to punish instead of defuse a situation, and penalized a woman more severely than men for similar infractions.

But that commentary is for the Sports pages. Here’s the JBC issue:

Ms. Osaka, I don’t think you understand what you’ve gotten yourself into by choosing to play for Japan.

Rest at https://www.japantimes.co.jp/community/2018/09/19/issues/warning-naomi-osaka-playing-japan-can-seriously-shorten-career/

Naomi Osaka’s US Open victory over Serena Williams: Congratulations, but I don’t think you know what you’re getting yourself into.

mytest

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Hi Blog. First off, I want to say congratulations to Naomi Osaka, for winning the US Open last weekend, soundly defeating her hero and template, tennis legend Serena Williams.

And I say this with all the commensurate respect to her and Ms. Williams, whom I also believe had every right to protest her treatment at the hands of a heavy-handed tennis umpire, who made the game about him and his punitive powers, and not about keeping the match civil, orderly, or fair in terms of gender-parity of rules enforcement. There, that’s where I stand on that.

But Ms. Osaka, I don’t think you have any idea what you’ve gotten yourself into by deciding to play tennis for Japan.

Now, another first off: this blog entry is NOT to dispute whether Ms. Osaka is “Japanese” or not. She has Japanese and American citizenships, so of course legally she is Japanese. Further, if she wishes to self-identify as a Japanese, that is her right as an individual. Debito.org has always supported the right of individuals to decide their identity for themselves, and not suffer identity policing from others. Ms. Osaka is a Japanese. And an American. And a Haitian, her father’s background. Bravo for this confluence of diverse influences to produce a world-class athlete.

But where I think a problem arises, in terms of self-awareness as a Japanese sports champion representing Japan, is illustrated by the following video:


Courtesy http://www.haitianinternet.com/photos/naomi-osaka-answers-how-haitian-and-japanese-culture-made-he.html

Text: “I was born in Osaka. I came to New York when I was three. I moved from New York to Florida when I was about eight or nine. And then I’ve been training in Florida since… My dad’s Haitian, so I grew up in a Haitian household in New York. I lived with my Grandma. And my mom’s Japanese, and I grew up with the Japanese culture too. And if you’re saying American, I guess because I lived in America I have that too.”

I can see how living in America for just about all of your life (the past seventeen of your twenty years) could make you “American”. I could also see how growing up in a Haitian household could deepen that ethnic tie to Haiti. But I don’t think she’s thought this through well:

It seems a bit dangerous to assume that just because your mother is Japanese, that makes you representatively “Japanese” (especially in a society where the very real phenomenon of kikoku shijou, “Returnee Japanese Students”, suffer ethnic and cultural displacement after only a year or less of being educated abroad during primary and secondary school years).

Compound that with the fact that you don’t read, write, or speak much Japanese beyond the “Kitchen Japanese” level (or as Nikkan Sports renders her abilities, “kikitori wa aru teido rikai suru ga, hanasu no wa nigate“, or “can understand Japanese somewhat when it’s being spoken to her, but speaking isn’t her thing”). But she likes Japanese Anime and Manga, eats unagi and sushi (as the Japanese media has dutifully reported). Somehow that’ll… do?

Again, Ms. Osaka can claim her “Japaneseness”, but it will be a hard road ahead for her given Japan’s unreal expectations of Japanese athletes.

Debito.org has talked extensively in the past how Japan puts undue pressure on its athletes (especially in international competitions, since national pride and issues of superiority-inferiority come into play very quickly), sometimes with fatal results.

Doubly so for “haafu” Japanese, since questions about their identity and loyalties seep in to complicate things further. There are plenty of examples of Japanese with diverse backgrounds being discounted or disqualified from being “true” Japanese when they don’t win something (such as international beauty pageants). But when they do win (as seen numerous times with Japan’s Nobel Laureates, many of whom have long left Japan, taken foreign citizenships, and even said that they wouldn’t have gotten their achievements if they had remained in Japan), it’s suddenly because they are “Japanese”.

Let’s call it “Nippon-Claiming“. It’s a common phenomenon in radicalized societies where “They’ll Claim Us If We’re Famous”. And now with this landmark victory at the US Open, Ms. Osaka has been claimed. (She’s even had the rare honor of having her name rendered all in Kanji and Hiragana, not Katakana, in the Japanese press.)

But most of that will only continue if she continues to win. Otherwise, given Japan’s constant self-conception of “Japanese” as radicalized entities, she’d be losing tournaments because of her mixed-ness (as has been claimed about Japan’s rugby teams and figure skaters). She’s not pure enough as a haafu to measure up.

So why did she choose to represent Japan?  It wasn’t exactly because of deep emotional ties.  The New York Times discussed it in a feature on her dated August 23, 2018:

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

“Though born in Japan, Osaka has lived in the United States since she was 3. She is not fully fluent in Japanese. Yet nearly a decade ago, her father decided that his two daughters would represent Japan, not America. It was a prescient move.

“…The United States Tennis Association showed little interest in helping [Naomi Osaka and her sister Mari] develop. Rather than vie for support with hundreds of other talented young players in America, [Naomi’s father] Francois made a pivotal decision: His daughters, from age 13, would play for Japan, the nation they left behind nearly a decade earlier…

“The decision to play for Japan has had major repercussions in Osaka’s life, from the way she is perceived in Japan and the United States to the size of the endorsement contracts she can now command as a top Japanese athlete ahead of the 2020 Tokyo Olympics… The Japan Tennis Association, facing a drought of top female players, offered them an opportunity. But for Tamaki and Francois, who spent many years in Japan himself, it was natural for the girls to play in the country where they were born, even if the parent’s own memories of the place were tinged with anger and regret.

“…[Ms.] Osaka has been embraced by Japanese media, companies and fans hungering for a female tennis star. Nissin, one of the world’s largest instant-noodle companies, has already signed her to a lucrative deal, as has Wowow, the tennis channel that broadcasts her matches in Japan. The Osaka camp plans to announce a large new endorsement deal before the U.S. Open, and other Japanese multinationals are circling. Osaka’s biggest payday may come at the end of the year, when her Adidas shoe-and-apparel contract expires — just in time for the prelude to the 2020 Tokyo Olympics.

“If Osaka played under the American flag, it’s very unlikely that these opportunities would exist. Japanese companies would have no reason to court her and U.S. brands would have other higher-ranked young guns to consider, like Madison Keys and Sloane Stephens. But as Japan’s top-ranked player, Osaka has the full attention of the country’s top brands, whose sponsorship fees can run far higher than those of their Western counterparts.”

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

That NYT feature also concludes presciently:

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

“In Japan, sports fans already know who Osaka is: She’s the rising star playing for the land of the rising sun. Her Japanese might not be perfect, her appearance not traditional. But the barriers may ultimately be no match for success. ‘If Naomi wins a Grand Slam, the other things won’t matter as much,’ Fukuhara says. ‘All of Japan would embrace her.’”

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

True. But the problem is the converse will also be true: if she doesn’t continue to win, that support evaporates.

And all Ms. Osaka’s talent and youthful energy may wind up being frittered away dealing with the limitless pressure put upon representatives of Japanese society — a pressure of perfectionism that expects Japanese champions to remain champions no matter what.

In essence, this approach, decided by Ms. Osaka’s father, to make her a bigger-fish-in-a-smaller-pond may backfire, becoming the millstone around her neck:  a drag that could shorten her overall career if not her life.

Again, I congratulate Ms. Osaka on her success, and wish her the best of luck. But I really don’t think she knows what she’s gotten herself into. Dr. Debito Arudou

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

mytest

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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.

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

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

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

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

mytest

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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

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

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.

mytest

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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

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

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GOJ sets targets for importing even more NJ temp labor, Kyodo editorializes on how badly Japan needs NJ

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. It’s funny. Debito.org has been charting for decades just how much Japan reflexively distrusts NJ, and wants them in and out of here as soon as possible without settling down (hence no official immigration policy). Yet, in case you wonder why this is still an issue, here’s yet another article demonstrating why Japan NEEDS NJ labor, and intends to import even more (and as ever, temporarily):

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Government sets target for 10,000 Vietnamese caregivers, needs additional 550,000 by 2025
KYODO/Japan Times JUL 25, 2018
https://www.japantimes.co.jp/news/2018/07/25/national/government-sets-target-10000-vietnamese-caregivers-needs-additional-550000-2025/

The government has set a target of accepting 10,000 Vietnamese caregivers by the summer of 2020 to address a chronic labor shortage in the nursing sector, an official said Wednesday.

Japan first aims to receive 3,000 Vietnamese carers within one year through an existing training program for foreigners, according to the official, who spoke on condition of anonymity.

Due to the country’s rapidly graying population, the labor ministry estimates a need for an additional 550,000 caregivers in fiscal 2025 compared to the fiscal 2016 total… Japan is also considering inviting caregivers from other countries, including Indonesia and Cambodia, the official said.

As of March last year, there were roughly 1.9 million carers in Japan. The labor ministry estimates Japan will need about 2.45 million care workers in fiscal 2025, at which point the people belonging to the baby boomer generation born in the late 1940s will all be 75 years or older, meaning the need for nursing care service will almost certainly increase…

In a related development, Prime Minister Shinzo Abe said Tuesday that Japan aims to accept more foreign workers from April next year by creating a new residency status. To fill labor shortages not just in nursing care but also in other sectors including agriculture and manufacturing, the government has suggested it may begin admitting hundreds of thousands of blue-collar workers from abroad.

Full article at https://www.japantimes.co.jp/news/2018/07/25/national/government-sets-target-10000-vietnamese-caregivers-needs-additional-550000-2025/

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COMMENT: Oddly enough (or rather, not so oddly), Japan’s corporate sector is again asking for more cheap labor without taking into account that they are importing people, not raw materials. And of course, as argued below in the second Kyodo JT article on the same day, there is at best mumbled support for actual immigration.

This isn’t a sustainable long-term strategy, and everybody knows it. But they go through the kabuki for as long as possible. I daresay someday soon somebody will advocate Middle-Eastern-Oil-Countries’ style labor importation (where foreigners do all the work, and wind up outnumbering the leisured citizen class), since we’ve already had one major Japanese pundit crazily arguing for instituting South-African-style Apartheid in Japan. Except for one problem with ever considering an oil-economy model: Japan is not an oil economy. And again, Japan’s other silly policy balloon — robotizing society — doesn’t work either because robots don’t pay taxes.

In sum, Debito.org advocates that Japan consider a real immigration policy to make NJ migrants into permanent residents and citizens. It’s the only way, as myself and the UN (not to mention the Japanese Government itself!) have argued for decades, to avert Japan’s otherwise unavoidable demographic crisis. Dr. Debito Arudou

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

Japan faces challenges as it moves to accept more foreign workers
KYODO/Japan Times JUL 25, 2018
https://www.japantimes.co.jp/news/2018/07/25/national/japan-faces-challenges-moves-accept-foreign-workers/

Japan’s move toward opening its doors to more foreign workers is widely seen as a must to better cope with an expected shrinkage in the working population.

Potentially broadening the scope of non-Japanese workers accepted into a country that for years has kept a firm grip on immigration would also mark a major policy change.

But the challenges facing an aging Japan are manifold as observers call for a clear-cut rather than makeshift approach, and stress the need to create a society easier for foreign nationals to live and work in.

“It’s a natural turn of events” to accept more foreign workers, said Yoshimitsu Kobayashi, chairman of the Japan Association of Corporate Executives.

“Given the situation Japan is in and its future, we’ve already entered a phase in which we need to seek help not just from highly skilled workers,” Kobayashi said at a news conference Tuesday.

Prime Minister Shinzo Abe instructed Cabinet ministers the same day to make preparations to accept more foreign workers by offering a new residential status starting next April.

The plan being considered would set a five-year limit on residence under the new status.

That may help conservatives, a major support base for Abe, but observers say the country needs to have a serious immigration debate for its future.

The country had a record 1.28 million foreign workers as of October last year. Chinese workers made up the largest portion, at nearly 30 percent, ahead of workers from Vietnam, the Philippines and Brazil, according to government data.

Currently, there are limited paths offered to work legally. Foreign nationals are given residential status to work in fields such as education, business management, law and health care.

Those coming under a 1993 program designed to impart technical skills can also work in the country but critics see it as encouraging simple and cheap labor.

The government “should have created a system to accept foreign workers seriously in the first place. In this sense, (the envisaged introduction of a new residential status) is a step forward,” said Shoichi Ibusuki, a lawyer well-versed in foreign labor issues.

But he also raises questions about the plan to, in principle, impose a five-year cap on stays and to bar foreign workers from bringing in family members.

“It’s unacceptable from a humanitarian perspective (for foreign workers) to live far from their family members for five years,” Ibusuki said.

The potential policy change may be long overdue.

No time can be spared amid increased tightness in the labor market. In 2017, job availability rose to its highest in 44 years, with 150 jobs available for every 100 job seekers.

Still, one senior labor ministry official expressed concern about the practice of paying unfairly low wages to foreign workers.

“Not only would it not benefit the foreign workers themselves, but it could also take jobs away from Japanese workers,” the official said.

For companies, particularly small- and mid-sized companies being forced to hunt for workers, the prospect of paving the way for more foreign labor is a positive development.

Takashi Yamauchi, who heads the Japan Federation of Construction Contractors, hailed the government move as “timely” as the construction sector is expected to see increased demand in the run-up to the 2020 Tokyo Olympics and Paralympics.

The number of foreign workers has already been rising in recent years and the uptrend will likely continue if the government’s new plan goes through.

At convenience store operator FamilyMart Co., for instance, non-Japanese workers account for some 5 percent of its roughly 200,000 workers.

But sectoral gaps have yet to be bridged. Sectors such as nursing care that are in desperate need of labor have faced difficulty in securing workers.

With the rapid aging of the population appearing to pick up pace, the government has increased the number of options for foreign nationals to land nursing care jobs.

Labor shortages could also sap economic growth over the longer term — bad news for Abe, who has been trying to revive the world’s third-largest economy with his “Abenomics” policy mix.

The government aims to realize a society in which both Japanese and non-Japanese people can coexist and plans to draw up measures to help foreign nationals learn Japanese and find housing.

As of April this year, 46 percent of local governments had crafted guidelines or plans designed for foreign nationals, with action depending on the percentage of non-Japanese residents.

Meanwhile, proposals have been floated to reorganize the Immigration Bureau and create a Justice Ministry-affiliated agency to handle low-skilled foreign nationals.

“It should go beyond simply enforcing immigration controls. I hope it will play a role in assisting foreign workers living in Japan in a comprehensive manner,” said Toshihiro Menju, a senior official at the Japan Center for International Exchange.
ENDS

============================
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NYT: Dr. Sacko, Kyoto Seika University’s African-Born President, claims no experience of racism in Japan. Just of “being treated differently because he doesn’t look Japanese”. Huh?

mytest

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Hi Blog. We’ve talked about this in passing before, but let me highlight it as a separate blog entry: People in Japan are 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.  Read the NYT article below for fuller context.

But the questions remain:  Is this a form of Stockholm Syndrome?  A cynical attempt to parrot the narrative for the sake of professional advancement?  A lack of awareness and social-science training on the part of a person, despite fluency in several languages, with a doctorate in a non-social science (engineering/architecture)?  I’m open to suggestion.  Especially from Dr. Sacko himself, if he’s reading.

Anyway, much better articles than the NYT’s about Dr. Sacko’s background and training are available from Baye McNeil in the Japan Times here and here.

In any case, congratulations, Dr. Sacko.  But I would suggest you utilize your position also to raise awareness about the very real issues of racism in Japan, not attempt a mitigating or denialist approach.  Dr. Debito Arudou

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

In Homogeneous Japan, an African-Born University President
New York Times, April 13, 2018, courtesy of DTJ
https://nytimes.com/2018/04/13/world/asia/japan-african-university-president-sacko.html

KYOTO, Japan — On a beautiful spring Sunday during cherry blossom season, the new president of Kyoto Seika University welcomed students for the start of the Japanese school year. “You have left your home,” he told the 770 first-year and graduate students gathered in a gym on the hilly campus. “But this is also your home.”

In Bamanankan — the lingua franca of his native Mali.

And so Oussouby Sacko, 51, quickly dispensed with the elephant in the room: He is a black man in a homogeneous country that has long had an ambivalent relationship with outsiders.

Dr. Sacko, who is believed to be the first African-born president of a Japanese university, segued elegantly into fluent Japanese, invoking Hannah Arendt, Edward Said, Eleanor Roosevelt and the Malian writer Amadou Hampâté Bâ. The university, Dr. Sacko said, was “diversifying and internationalizing,” and he wanted the students to “recognize your difference from others.”

In this island country that is sometimes less than welcoming to immigrants, Mr. Sacko is an outlier. A resident for 27 years, he obtained Japanese citizenship 16 years ago and worked his way up through the ranks of a Japanese institution.

With a declining population, Japan is being forced to confront its traditional resistance to taking in foreigners. Last year, according to government figures, the number of foreign nationals living in Japan hit a record high of more than 2.5 million, with about 15,140 of them from African countries.

Yet that total number of foreign nationals makes up less than 2 percent of Japan’s population of 127 million, a lower proportion than in South Korea, for example, where foreigners make up about 3.4 percent of the population. The share is much higher in the United States, at 14 percent, and it is close to 40 percent in Hong Kong, according to data from the United Nations Department of Economic and Social Affairs.

Obtaining Japanese citizenship is extremely difficult. Since 1952, just over 550,000 people have managed to naturalize as Japanese citizens, most of them ethnic Koreans whose families have lived in Japan for several generations since the colonial occupation of Korea.

And despite recent efforts to allow highly skilled foreigners to obtain permanent residency more quickly, Prime Minister Shinzo Abe has declared that he will not relax immigration policy to address the country’s falling population.

Dr. Sacko says he believes Japan needs to allow in more outsiders, simply as an act of self-preservation.

“Japanese people think they have to protect something,” he said during an interview in English before a reception recently to celebrate his appointment. But, “someone who has a broad view from outside on your culture can maybe help you objectively improve your goals,” he said, occasionally interrupting the interview to greet his guests, switching effortlessly between English, French and Japanese.

Dr. Sacko, the eldest son of a customs officer and homemaker, grew up in Bamako, the capital city of Mali. A strong student, he won a scholarship from the Malian government to attend college abroad.

He had never been anywhere other than the neighboring country of Senegal. With 13 other students from Mali, he was assigned to study in China and landed in Beijing in 1985 to study Mandarin before embarking on a degree in engineering and architecture at Southeast University in Nanjing.

On a vacation to Japan after obtaining his undergraduate degree in 1990, Dr. Sacko found himself enchanted by what he observed as strong community ties and the hospitality toward guests. Although he had begun graduate studies in China, he was frustrated that a government minder always shadowed him when he conducted field research in local villages.

He had also met and started to date a Japanese woman, Chikako Tanaka, whom he later married and with whom he has two sons.

Dr. Sacko moved to Osaka, Japan, for six months of language lessons before enrolling in a master’s degree program at Kyoto University. In meetings with colleagues, he was often asked to take minutes, which helped him improve his listening comprehension and writing ability. At night, he watched Japanese television shows and socialized with Japanese classmates.

Twenty percent of Kyoto Seika’s student body comes from abroad, much higher than the 4 percent overall ratio in Japanese higher education. Dr. Sacko hopes to raise Kyoto Seika’s figure to 40 percent within a decade.Kosuke Okahara for The New York Times
His dedication to becoming fluent distinguished him from other foreigners. “They said, ‘If you speak Japanese, they will put you in meetings and on committees and that’s not interesting,’ ” he said. Many foreigners, he added, “spend too much time among ourselves.”

Dr. Sacko said he had hoped to return to Mali someday, but after a military coup in 1991, his employment options were limited. As he pursued a doctorate in Japan, he worked to understand a culture where people can say the exact opposite of what they mean. “You don’t always catch things from the meanings of the words,” he said. “You have to go deeper.”

Along the way, there were some misunderstandings.

After hosting a few parties at his apartment, his neighbors remarked that he and his friends always seemed happy and that they were envious. Dr. Sacko urged them to join his next party.

Instead, they called the police.

“The police said, ‘You are too noisy,’ ” Dr. Sacko recalled. “And I said ‘But my neighbors like that!’ ”

He applied for a job at Kyoto Seika, which specializes in the arts, and started as a lecturer in 2001. Colleagues say that over the years he has worked very hard to adapt to Japanese social codes while also retaining his own sensibility.

“He deeply understands Japanese culture and the way of thinking,” said Emiko Yoshioka, a professor of art theory whom Dr. Sacko appointed as vice president at Kyoto Seika. “But he also is able to poke fun at the fact that he is a foreigner.”

The faculty vote for president was extremely close, with Dr. Sacko winning by just one vote. At his inaugural reception, a group of musicians played Malian music on a patio, and Dr. Sacko stood quietly on a small stage during a parade of speeches from the mayor of Kyoto; the Malian ambassador to Japan; and various academic colleagues, including a professor from Kyoto University who repeatedly slipped up and called him “Professor Mali.”

Ryo Ishida, chairman of Kyoto Seika’s board, noted that the university had recently started a campaign to embrace diversity.

“But I don’t think his election was much to do with the university’s promotion of diversity,” Mr. Ishida said. “He was elected as the best leader of the university among his colleagues.”

In a practical sense, Dr. Sacko’s appointment could help Kyoto Seika appeal to more foreign students at a time when many universities across Japan are struggling to maintain enrollment.

Already, 20 percent of its student body comes from abroad, much higher than the 4 percent overall ratio of foreign students in Japanese higher education. Dr. Sacko said he hoped to raise Kyoto Seika’s level to 40 percent within a decade.

“I think he will help shrink the distance between Japanese and foreigners,” said Chihiro Morita, 18, an illustration major from Hyogo Prefecture.

Other black residents of Japan said that Dr. Sacko could help improve race relations in a country where performers still appear on television in blackface.

“The fact that he has been placed in such a prominent position will have a significant impact on how we’re perceived,” said Baye McNeil, a Brooklyn-born black columnist for the English-language Japan Times who has lived in Japan for 13 years.

Dr. Sacko said he had not experienced racism in Japan but said he was treated differently simply because he does not look Japanese. Despite his Japanese citizenship, for example, he says he is automatically routed to lines for foreigners at the airport when he returns from trips abroad. “It’s not because you’re black,” he said. “It’s because you’re different.”

He said he considered it his mission to foster differences beyond race. When recruiting Ms. Yoshioka as vice president, he told her he wanted her for the job because she was a woman and a single mother.

“If we don’t have a person like you in the top administration of the university, the board will just be filled with men,” he told her when she first hesitated to take the job. “And that doesn’t fit my vision.”
ENDS

=============================
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Kyodo/Mainichi: Japan increases “nuclear security” before 2019 Rugby World Cup, 2020 Olympics (again, insinuating NJ are potential terrorists)

mytest

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Hi Blog.  Entry #715 in the continuing saga of Japan’s “Blame Game”, where Non-Japanese are falsely blamed for all manner of unrelated things.  According to the article below, this time it’s potential “nuclear security” issues, with measures taken to prevent “intruders” from getting their hands on “radioactive materials”, by putting them “in rooms with solid doors” — as recommended by the IAEA back in January 2011.

All sensible precautions.  Yet the GOJ has taken its time to implement them, even in light of the Tohoku Earthquake and Fukushima Disasters in March 2011.  It’s only suddenly seeing the light because of “intruders”, clearly in this case meaning NJ coming to Japan during the 2019 Rugby World Cup and the 2020 Tokyo Olympics.  Clearly?  Yes.  You’re telling me Japan didn’t have issues of “intruders” before this?  It does have “terrorists”, but so far they’ve all been Japanese (i.e., Aum, The Red Army, etc).

As I wrote in my Japan Times column last week, “Japan invites over waves of foreign nationals (be they workers, tourists or diplomats), hate speech and reactionary policies emerge.”  I mentioned there about the weird new minpaku laws stopping AirBnB style homestays with the general public (because NJ might be ISIS terrorists or child molesters!).  This new policy has a similar Embedded Racism, and it’s unproblematized in the article below.  Dr. Debito Arudou

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

Japan to beef up nuclear security before Rugby World Cup, Olympics
July 11, 2018 (Mainichi Japan), Courtesy of JDG
https://mainichi.jp/english/articles/20180711/p2g/00m/0dm/106000c

TOKYO (Kyodo) — Japan’s nuclear watchdog decided Wednesday to oblige facilities using any of about 200 radioactive materials to introduce antitheft measures to enhance nuclear security ahead of the 2019 Rugby World Cup and 2020 Tokyo Olympics.

As part of the country’s efforts to boost counterterrorism steps before hosting the major sporting events, the government will aim at enforcing related laws in September 2019, in time for the Rugby tourney kicking off on Sept. 20 that year, which would cover some 500 business operators, the Nuclear Regulation Authority said.

Hospitals and companies and the like would be required to install surveillance cameras near their storage sites for radioactive materials. The containers must be kept in rooms with solid doors and manuals and communication equipment must be provided for personnel to deal with intruders, to prevent such materials from falling into the hands of terrorists.

Nuclear power plants have already introduced a personal background investigation system to prevent potential terrorists from being hired as workers.

According to the NRA, the planned regulation would cover radioactive substances including cesium 137 and cobalt 60, which are widely used for medical and industrial purposes, but which could be used in so-called dirty bombs.

Amid the globally mounting threat of terrorism, the International Atomic Energy Agency advised countries in January 2011 to take measures to better manage radioactive materials.

Tokyo, however, has yet to introduce these steps due to its need to deal with the 2011 Fukushima Daiichi nuclear disaster.

In Brazil, instruments for radiation therapy were taken away from the former site of a hospital and then dismantled. But it led to large-scale exposure and the deaths of four people in 1987.
ENDS

【Related】Nuclear watchdog OKs restart of aging nuclear plant hit by tsunami
【Related】Editorial: Time to transform Japan’s nuclear plant inspection system
【Related】Japan drops in Hiroshima Report [an annual evaluation of atomic disarmament efforts among 36 nuclear- and non-nuclear-armed states] rankings due to refusal to sign nuclear ban treaty

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

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My Japan Times JUST BE CAUSE 112: “What about we stop it with the ‘whataboutism’?” (July 16, 2018)

mytest

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JAPAN TIMES JUST BE CAUSE COLUMN 112
justbecauseicon.jpg

THE JAPAN TIMES JUL 15, 2018
ISSUES | JUST BE CAUSE
What about we stop it with the ‘whataboutism’?
BY DEBITO ARUDOU
https://www.japantimes.co.jp/community/2018/07/15/issues/what-about-we-stop-it-with-the-whataboutism/

These are troubling times for human rights activists.

For 27 years I’ve been writing about civil, political and human rights for non-Japanese (NJ) and other minorities in Japan. And I’ve never been more confused.

Not least because the United States, the putative paragon of human rights, has been flouting them.

Remember, this is a country so cocksure about its own record that its State Department offers annual “Country Reports on Human Rights Practices” for each United Nations member.

Yet President Donald Trump has been undermining international norms of law, justice and society — and with the glee of a super-villain.

In case you haven’t been paying attention, recently we’ve seen U.S. leadership abrogate numerous treaties, erode well-established security and trade regimes (such as NATO and the G7), cozy up to the world’s most authoritarian regimes and mimic their tactics, invoke the language of white nationalism to dehumanize minorities, and foment a culture of fear, loathing and vindictive reprisal towards anyone not in their ideological camp.

Speaking of camps, who would have ever imagined that the U.S. would put foreign children in cages? Create “tender-age” internment centers for toddlers separated from their families at the border? Force 3-year-olds to represent themselves in American immigration courts?

Trump’s “zero tolerance” policy for undocumented migration and asylum seekers is so cruel that the United Nations High Commissioner for Human Rights denounced it as “unconscionable” and “illegal” under international law.

Hours later, the U.S. petulantly withdrew from the Human Rights Council, of which it had been a charter member since 1947.

In Just Be Cause’s view, the worst thing about these rapid-fire shocks to the system is not the confusion but the distraction. Presidential historian Jon Meacham, author of “The Soul of America,” pointed out how Trump “owns our mind space” in what he calls “the world’s longest hostage siege.” We are prisoners of a self-promoting celebrity so adept at managing news cycles that he sucks the oxygen from other issues.

So this is where we arrive at the big question of this column: How can JBC focus on human rights in Japan given the distractions in America?…

Read the rest of the column at:
https://www.japantimes.co.jp/community/2018/07/15/issues/what-about-we-stop-it-with-the-whataboutism/

================================
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Reuters/Asahi: New “minpaku” law stifles homesharing with tourists, on grounds insinuating foreigners are “unsafe” for children walking to school! (or ISIS terrorists)

mytest

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Hi Blog.  Here’s a new twist to the “Blame Game” often played whenever there’s a foreigner involved with any economy in Japan.  I started talking about this in earnest in my Japan Times column of August 28, 2007, where I pointed out how NJ were being falsely blamed for crime, SDF security breaches, unfair advantages in sports, education disruptions, shipping disruptions, and even labor shortages (!!).  That soon expanded to false accusations of workplace desertion (remember the fictitious “flyjin” phenomenon of 2011?) and looting, despoiling sumo and fish markets, and even for crime committed by Japanese!  More here.

Now we have recycled claims of disruptive NJ tourism.  But as submitter JDG points out, this time it’s getting mean.  In the same vein of a World Cup 2002 Miyagi Prefectural Assemblyman’s claim that visiting foreigners would rape Japanese women and sire children, we have official insinuations at the local government level that renting your apartment or room out to NJ would be “unsafe” — not only for Japanese in the neighborhood, but for children walking to school in Shibuya!  (Or, according to the JT update below, NJ might be ISIS terrorists.)  At this point, this is hate speech.  Dr. Debito Arudou

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

In Japan, new rules may leave Airbnb industry out in the cold
REUTERS/ASAHI SHINBUN, April 23, 2018,  courtesy of JDG, with underlined emphases added
http://www.asahi.com/ajw/articles/AJ201804230010.html

Japan’s new home-sharing law was meant to ease a shortage of hotel rooms, bring order to an unregulated market and offer more lodging options for foreign visitors ahead of next year’s Rugby World Cup and the 2020 Tokyo Olympics.

Instead, the law is likely to stifle Airbnb Inc. and other home-sharing businesses when it is enacted in June and force many homeowners to stop offering their services, renters and experts say.

The “minpaku,” or private temporary lodging law, the first national legal framework for short-term home rental in Asia, limits home-sharing to 180 days a year, a cap some hosts say makes it difficult to turn a profit.

More important, local governments, which have final authority to regulate services in their areas, are imposing even more severe restrictions, citing security or noise concerns.

For example, Tokyo’s Chuo Ward, home to the tony Ginza shopping district, has banned weekday rentals on grounds that allowing strangers into apartment buildings during the week could be unsafe.

That’s a huge disappointment for Airbnb “superhost” Mika, who asked that her last name not be used because home-renting is now officially allowed only in certain zones.

She has enjoyed hosting international visitors in her spare two-bedroom apartment but will stop because her building management has decided to ban the service ahead of the law’s enactment.

“I was able to meet many different people I would have not met otherwise,” said Mika, 53, who started renting out her apartment after she used a home-sharing service overseas. “I may sell my condo.”

Mika added that if she were to rent the apartment out on a monthly basis, she would only make one-third of what she does from short-term rentals.

The ancient capital of Kyoto, which draws more than 50 million tourists a year, will allow private lodging in residential areas only between Jan. 15 and March 16, avoiding the popular spring and fall tourist seasons.

Similarly, Tokyo’s trendy Shibuya Ward will permit home-sharing services in residential areas only during school holidays, with certain exceptions, so children won’t meet strangers on their way to class.

In short, renters and experts say, the new law is doing more to hurt than help, even as a record 28.7 million tourists flocked to Japan last year, up 19 percent from the year before. Japan aims to host 40 million foreign tourists a year by 2020.

Yasuhiro Inaoka, who manages about 15 properties for Airbnb hosts in Tokyo, says the net effect of the law is “banning individuals from offering home lodging.”

‘STRANGE PRACTICE’

Central government officials say that excessive local limits could defeat the law’s objectives, but that they cannot force local governments to loosen their policies.

Restricting home rental due to vague concerns that foreigners are unsafe or that it is a strange practice goes against the concept of the new law,” said Soichi Taguchi, an official at the government’s Tourism Agency.

The annual cap of 180 days for home sharing and stricter rules set by local governments is a victory for the hotel industry, which opposes private properties being used for tourist accommodation.

“While each city and town is unique, we believe that by following the national recommendations, all Japanese cities and communities will be able to benefit from the growing economic opportunity provided by home sharing and short-term rentals,” said Jake Wilczynski, spokesman for Airbnb in Asia Pacific.

About 62,000 Airbnb listings have sprung up in Japan, far smaller than other major tourist destinations, such as Italy, which has 354,400 listings, or France, with 490,000.

Elsewhere in Asia, Singapore allows home sharing, but requires a minimum period of three months. Two Airbnb hosts were fined S$60,000 ($45,800 or 4.9 million yen) each by a local court in April for unauthorized short-term letting.

Hyakusenrenma Inc., a Japanese rival to Airbnb, has 2,000 listings for its “Stay Japan” service, and online travel agency Booking Holdings’s Booking.com and Chinese agents have also entered the Japanese market.

The new law requires home owners to register rental properties for short-term stays with the local government by undergoing fire safety checks and submitting proof that the owner is not mentally disturbed.

San Francisco-based Airbnb said it would obey the new law and remove all the non-compliant listings from its site by June.

But the company is also confident the number of listings will bounce back and eventually exceed the current level because Japan still has a great deal of potential to expand, said country manager Yasuyuki Tanabe.

“We will have clear rules for home lodging, which will encourage more people to list their properties,” Tanabe said.

HOTEL LICENSE

One alternative for home renters is to apply for a hotel license. That process has been simplified to relax requirements for a reception area and no longer mandate a minimum number of rooms.

One 42-year-old man who asked not to be named has gone this route. He stopped renting out Airbnb apartments in Tokyo and instead obtained a license to run a five-room hotel out of a converted traditional wooden “machiya” house in Kyoto.

He still advertises on his property in Kyoto on Airbnb and the hotel license frees him from the 180-day limit.

“With the hotel license I can provide the service all year round,” he said.

But for many, this isn’t an option because their buildings won’t allow home-sharing at all, regardless of licensing.

When the land ministry asked apartment management unions to decide whether to permit short-term rentals, only 0.3 percent of them nationwide said they would, according to the Condominium Management Association.
ENDS
==============================

UPDATE JUN 30:

— Japan Times also reports on the backlash to this policy, with the same undertones, except this time foreigners might be “terrorists”. Excerpt:

Implementation of minpaku laws lambasted
The Japan Times, June 30, 2018
BY MARK SCHREIBER
https://www.japantimes.co.jp/news/2018/06/30/national/media-national/implementation-minpaku-laws-lambasted/

[…]
On its morning program on June 15, NHK Radio chimed in with its own justification for the crackdown on minpaku. Citing the Nov. 13, 2015, attacks by ISIS terrorists in Paris in which 130 people were killed and another 413 injured, the broadcast implied that minpaku might serve as a base for terrorists — despite there being no evidence that the attackers in France had availed themselves of online booking services.

Nevertheless, at the urging of the Metropolitan Police Department ahead of the 2020 Olympics, minpaku hosts will be encouraged to report any “suspicious behavior” on the part of guests, including refusing to allow their passport to be photocopied, referring to a memo or other separate document when transcribing their own name or address, or when the actual number of staying guests turns out to vary from what was initially reserved.

“It’s possible terrorists will choose to stay at minpaku, where identification checks are vague,” explained Isao Itabashi, head of the Research Center at the Council for Public Policy, during the broadcast, adding, “So it’s important that along with sharing data on suspicious guests, the minpaku operators liaise closely with the police.”

Full article at https://www.japantimes.co.jp/news/2018/06/30/national/media-national/implementation-minpaku-laws-lambasted/
==============================

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JT/JIJI: Japan plans new surveillance system to centralize NJ residents’ data. (Actually, it’s to justify police budgets as crime overall continues to drop.)

mytest

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Hi Blog.  Here’s yet another example of your tax dollars at work:  Further tightening surveillance on foreign residents:

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To counter overstayers, Japan plans new surveillance system to manage foreign residents’ data
JIJI/JAPAN TIMES JUN 18, 2018
https://www.japantimes.co.jp/news/2018/06/17/national/counter-illegal-overstayers-government-plans-system-centrally-manage-information-foreign-residents/
Japan plans to set up a system to centrally manage information on foreign residents to prevent overstayers from growing as the national labor crunch worsens, officials said.

The Justice Ministry will play a key role in handling the information, which will include records on employment, tax payments and marriage that is currently being separately managed by central and local government agencies.

The system is intended to strengthen government surveillance of overstayers as the nation imports more foreign labor to ease a severe nationwide labor shortage.

As part of the effort, a new organization might be set up within the ministry to collect and analyze information on foreign residents.

Japan had about 1.28 million foreign workers as of October last year, but the construction industry alone is expected to need as many as 900,000 extra workers by fiscal 2025.

On Friday, the government unveiled plans to create a new resident status to let foreign people with certain levels of expertise and Japanese ability work in Japan. The new status is expected to cover the nursing care, lodging, agriculture, construction and shipbuilding sectors.

The government also plans to cooperate with companies to give livelihood support to foreign workers, including multilingual guidance, Japanese-language education and housing.

ENDS

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We’ve talked about this centralization of this policing of NJ residents before on Debito.org (including arrest quotas to entrap NJs), and what motivates it (the need to justify increased police budgets, rather than to provide services for NJ — which like above is thrown in as an afterthought).  But for a new angle, let’s turn the keyboard to Debito.org Reader JDG, who submitted this article with the following comment. Dr. Debito Arudou

JDG: Government plans to take responsibility for ‘managing’ NJ away from city halls and ‘centralize’ the management of all NJ by the Justice Ministry in order to ‘increase surveillance’. To this end, the police will have access to all NJ info; addresses, employment, tax, marital status, visa information, etc.

Imagine that the police will now demand to see your residence card so that they can radio the office and check all your details.  ‘Increased surveillance’? Why are NJ being surveilled at all to start with? Here’s a top tip for the police; detect crime, and then investigate it.

Strangely, it reminded me of this article:

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Japan’s crime problem? Too many police, not enough criminals
Tokyo Letter: As they run out of things to do, officers are becoming more inventive

The Irish Times, Fri, Apr 6, 2018, 01:00
David McNeill in Tokyo (excerpt)

https://www.irishtimes.com/news/world/asia-pacific/japan-s-crime-problem-too-many-police-not-enough-criminals-1.3451997?mode=am

It was a crime that once would have attracted little attention in Tokyo’s lurid undertow: police are this week hunting a man who used his smartphone to film under a woman’s skirt. The suspect fled across the tracks of Ikebukuro Station after the woman cried for help.

Women subjected to sexual assault on Tokyo’s crowded transport system were once as likely to ignore it: Chikan (groping) was not widely dealt with as a crime until the mid-1990s. Now the police spend considerable energy trying to catch offenders.

One reason is that the police have more time. Crime rates have been falling for 14 years. In the last six months of 2017 they set a new low after falling the previous year below the one million mark for the first time since the second World War.

The murder rate of 0.3 per 100,000 people is among the lowest in the world, and roughly half Ireland’s rate. (In America, where violent crime is rising at its fastest pace since the 1970s, it is more than 5). Gun-deaths rarely rise above 10 a year.

Virtually the one rising criminal fraternity is the elderly. Senior citizens now account for about 20 per cent of arrests and detentions. As the population ages the over 65s commit nearly four times more crimes than they did two decades ago.

One result is that Japan’s jails are filling up with the infirm: more inmates need help with walking, bathing and even using the toilet. The government recently allocated a budget to send care workers to about half of the nation’s prisons.

Yet, Japan has more than 15,000 more police personnel than it had a decade ago, when crime rates were far higher. The density of officers per population is particularly marked in Tokyo, home to the world’s biggest metropolitan police force.

Forensic rigour
In practice, this means lots of police attention. Petty drugs offences are treated with forensic rigour. Police have arrested athletes, rock stars and university students for smoking pot. One woman recalls five officers crowding into her cramped apartment after she reported her knickers being swiped from a clothesline.

As they run out of things to do, however, police are becoming more inventive about what constitutes a crime, says Kanako Takayama, a professor of criminal law at Kyoto University. In one recent case, she says, they arrested a group of people who had shared the fees for a rented car because they judged it was an illegal taxi.

Critics who fret about over-enthusiastic police cite a week-long stakeout in 2016, in Kyushu, southwest Japan. Five officers watched over a case of beer in an unlocked car outside a supermarket in Kagoshima, scene of a series of car robberies, before pouncing on the hapless middle-aged man who eventually helped himself.

A judge dismissed the case, which he called an unnecessary and expensive sting operation.

In another incident reported by the liberal Asahi newspaper, police in rural Gifu Prefecture spied on local citizens who opposed a wind power project, then repeatedly called executives from the power company in 2013 and 2014 with detailed reports on the activists, including ages, academic background and medical records.

Oddly, the police increasingly struggle to solve crimes. The rate of detection for total offences fell to a post-war low of less than 30 per cent in 2013, which suggests that while crimes happen increasingly rarely, the police are not very good at solving them.

The latest annual White Paper published by the National Police Agency cites weakening community ties as well as widespread use of mobile phones, the internet and other technological advances as factors for falling detection rates.

People police themselves
Confessions, often made under duress, form the basis of nearly 90 per cent of criminal prosecutions. The reason why Japan looks so good is that people police themselves, says Yoshihiro Yasuda, a campaigning lawyer.

Japan’s justice system gets a lot right. Rates of recidivism (reoffending) are low and much effort is made to keep young offenders out of prison. Adults are incarcerated at a far lower rate than in most developed countries – 45 per 100,000 compared with 666 the United States.

Precisely because it is so safe, however, some fear the system is ripe for abuse. With little else to do, police may start finding new things to enforce, says Colin Jones, a legal expert at Doshisha University.

In 2015, a man was arrested for scribbling Adolf Hitler moustaches on to posters of prime minister Shinzo Abe. Leaked internal police documents in 2010 described intensive surveillance of Tokyo’s largely trouble-free Muslim community. A “mosque squad” made up of dozens of officers monitored Muslims and cultivated informants.

Last year the government gave the police even more powers with a new “conspiracy” law that allows them to investigate and arrest people who plan to commit crimes.

Whereas in some parts of the world, you can never find a cop when you need one, Japan may have too many.
ENDS

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JDG:  With fewer crimes, and more police than ever before, Japanese police are getting ‘inventive’ in order to look busy; investigating crimes way beyond the level of resources that the crime warrants, and setting up intensive sting operations for minor offenses.

The police are looking to criminalize people in order to defend their budgets. I guess the japanese won’t mind hundreds of officers and millions of ¥ being squandered in operations that end up with NJ being harassed until the police can charge them with any petty crimes.

Given Japan’s huge national debt, not enough crime, too many police, should equal some lay offs. But TIJ!

Also, if they’re so overstaffed, how come it takes them six months to raid big companies like Kobe steel who admitted defrauding their customers for years with sub-standard product data manipulation? How come they didn’t send a truck load of cops straight round to the finance ministry to investigate dodgy land sales and public document falsification?

Nah, got to collar that guy who overstayed his visa!  RegardsJDG

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NHK World: Japan’s social media “rife” with fake rumors after recent Osaka quake, including foreigner “thefts and burglaries”, “looting convenience stores”. Again.

mytest

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Hi Blog. Here’s NHK reporting on the spread of false information on Japan’s social media about foreigners committing crimes in the wake of June 18’s Osaka earthquake. Comment follows the article:

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Post-quake social media rife with fake news
NHK World, Tuesday, June 18, 2018. Courtesy of JDG.
https://www3.nhk.or.jp/nhkworld/en/news/20180618_31/

Osaka prefectural officials are urging people to keep calm and refrain from sharing unsubstantiated information on social media after Monday’s earthquake.

One widely shared tweet claimed the roof of the Kyocera Dome Osaka stadium is cracked. The operator denies this.

Other cases of false information include a train derailment and a zebra escaping from a zoo.

Messages inciting discrimination against foreigners living in Japan are also spreading.

One post advises people to watch out for thefts and burglaries by foreign residents. Another says foreigners are not accustomed to quakes, so they will start looting convenience stores or rushing to airports.

Social media users are posting messages to counter the discriminatory ones.

One user says people should be aware that racists use major disasters to spread false information.

Another says fake news spreads during disasters, and that people need to improve their media literacy so they can detect false information.
ENDS
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COMMENT:  It seems like earthquakes in Japan (although depicted as orderly, stoic affairs in Western media) are for some internet denizens a call to create a live-action version of the movie “The Purge“.  Debito.org has reported numerous times in the past on how false rumors of NJ residents have spread through Japan’s social media — to the point where even the generally “hands-off-because-it’s-free-speech-and-besides-it-only-affects-foreigners” Japanese government has had to intervene to tamp down on it (since, according to a 2017 Mainichi poll, 80% of people surveyed believed the rumors!).  I’m glad to see the Osaka government is intervening here too.

By the way, if you think I’m exaggerating by making a connection to movie “The Purge” in this blog, recall your history:  The massacre of Korean Residents in the wake of the 1923 Kantou Earthquake was precisely “The Purge”.  And what happened in the aftermath of the Fukushima Multiple Disasters of March 11, 2011 (where foreigners were being blamed online for all manner of unconnected events, including the earthquake itself) was similarly redolent (albeit less deadly, thank heavens).  As were mudslides in Hiroshima back in 2014.  And that’s before we get to then-newly-elected racist Tokyo Governor Ishihara Shintaro’s famous call in the year 2000 for a priori roundups of “evil foreigners committing heinous crimes” in the event of a natural disaster.  So much for the stoicism. Dr. Debito Arudou

Japan Times: Preferential visa system extended to foreign 4th-generation Japanese [sic]: Allowing even NJ minors to build Olympic facilities!

mytest

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Hi Blog. Leaving aside the unproblematized JT headline below about “foreign Japanese”, we have the five-year work visa we talked about last blog entry (the one that exploits “Trainees”, sometimes to the point of death) now being offered to “fourth-generation Japanese”. (Y’know, the “foreign” ones; yonsei is the word in the vernacular, and we’d better develop similar linguistic flexibility in English too for accuracy’s sake).

As noted in the article below, these are the children of the Nikkei South Americans who got sweetheart “Returnee Visas” due to racialized blood conceits (being Wajin, i.e., with Japanese roots) back in the day.  However, Wajin status only counted as long as the economy was good. As soon as it wasn’t, they were bribed to return “home” no matter how many years or decades they’d contributed, and forfeit their pension contributions. While this is nice on the surface for reuniting Nikkei families (now that Japan has been courting the Nikkei to come back for renewed exploitation and disrespect), now they want these children, many of whom grew up as an illiterate underclass in Japan with no right (as foreigners) to compulsory education in Japan, to come back and work again starting July 1. Even work as minors!

The article below rightly gets at the caveats and policy subterfuge (such as merely using these kids as temporary Tokyo Olympics construction fodder), so read the whole thing at the Japan Times website. But the big picture is this:

The GOJ will simply never learn that having a racialized labor policy (where Japanese bloodlines were theoretically a way to bring in low-impact “foreigners”, while Non-Wajin were expendable no matter what — in theory; turns out all foreigners are expendable) simply doesn’t work. It doesn’t keep a labor market young and vibrant, and in fact winds up exacerbating ethnic tensions because migrants who assimilate are not rewarded with immigrant status, with equal residency or civil/human rights. If there’s no incentive to learn about Japan well enough to “become Japanese”, then NJ will either leave exasperated (or rather, be booted out due to expired visas), and Japan demographically will simply continue to age. And as my book “Embedded Racism” concludes, that means, quite simply, Japan’s ultimate downfall as a society as we know it. Dr. Debito Arudou

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Preferential visa system to be extended to foreign fourth-generation Japanese [sic]
BY MIZUHO AOKI, STAFF WRITER
THE JAPAN TIMES, MAR 30, 2018
https://www.japantimes.co.jp/news/2018/03/30/national/preferential-visa-system-extended-foreign-fourth-generation-japanese/

Foreign fourth-generation descendants of Japanese will be able to work in Japan for up to five years under a preferential visa program to be introduced this summer, the Justice Ministry said Friday.

The new program applies to ethnic Japanese between 18 and 30 who have basic Japanese skills equivalent to the N4 level of the Japanese Language Proficiency Test. Applicants will also be required to have support from residents they know in Japan, such as family members or employers, who can get in touch with them at least once a month.

Among those planning to apply are people who spent their childhoods in Japan with their parents before losing their jobs during the 2008 global financial crisis. Some of their parents later returned to Japan, but their grown-up fourth-generation offspring could not because the visa system only grants preferential full-time working rights and semi-permanent status to second- and third-generation descendants.

“The door has been closed for fourth-generation people. So there are definitely people who really need the new program,” said Angelo Ishi, a third-generation Japanese-Brazilian professor in the sociology department of Musashi University.

At present, fourth-generation ethnic Japanese are required to meet certain conditions to get a visa, such as being single minors who live with their parents, but can’t work full-time.

Under the new system, minors will be able to work. The new program begins on July 1, and the Justice Ministry expects around 4,000 descendants of Japanese emigrants from such places as Brazil and Peru to enter Japan each year. But the ministry said the new system is not aimed at alleviating the national labor shortage, but at nurturing people who can “bridge Japan and the Japanese-descendant communities abroad”.

Critics are skeptical. They say the new immigrants could be used as cheap labor at factories or construction sites in dire need of labor, especially ahead of the 2020 Tokyo Olympics.

“I believe one of the reasons behind the change has to do with the Olympics,” said Kiyoto Tanno, a professor at Tokyo Metropolitan University who is an expert on foreign labor issues. “But such demand could disappear. That’s why, I guess, the ministry placed a cap on the number of years.”

Read the rest of the article at https://www.japantimes.co.jp/news/2018/03/30/national/preferential-visa-system-extended-foreign-fourth-generation-japanese/

=======================
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JT and Nikkei: Japan to offer longer stays for “Trainees”, but with contract lengths that void qualifying for Permanent Residency

mytest

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Hi Blog. As is within character since the early 1990s, Japan wants NJ workers to make up for labor shortages in Japan’s workforce, but remains unwilling to allow NJ migrant workers to become immigrants: to access the benefits of their labors and years of investment in Japan’s economy and society by allowing them to live in Japan.

No, once again, Japan would rather leach off the best years of NJs’ productive lives and then send them home. Except now GOJ policy explicitly wants them to stick around and be exploited ever longer (without their families, and with a built-in contract cut-off before they can qualify for Permanent Residency), again under the guise of the deadlyTraineeslave-wage labor program. Witness the JT article below. Dr. Debito Arudou

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Japan looks to offer longer stays for technical interns, with caveats it hopes will limit immigration debate
The Japan Times, April 12, 2018 (excerpt). Courtesy of lots of people.
Full article at https://www.japantimes.co.jp/news/2018/04/12/national/sidestepping-wider-immigration-debate-japan-eyes-longer-stays-technical-interns/

Japan is weighing the creation of a new status of residence that would allow technical interns from abroad to stay longer in the country, as part of efforts to tackle severe labor shortages, sources said Wednesday.

But interns’ families would not be allowed to enter Japan — a provision meant to prevent the creation of the new status from leading to discussions on the sensitive issue of immigration, the sources said.

The status would allow those who have completed a five-year technical intern training program and meet certain requirements to stay and work for up to five additional years, the sources said. […]

With the technical intern training program intended to transfer skills abroad, interns currently must return to their home countries after a five-year stay. The new residency status would allow interns to stay in Japan to work for a maximum of five more years. The government plans to set requirements to obtain the status, including industry-specific ones, the sources said.

But according to a Nikkei business daily report [see below], trainees will still have to return to their home after their programs end, and then apply for the new residence status that would allow them to work again in Japan for a further five years.

This is apparently aimed at keeping trainees and interns from gaining eligibility to apply for permanent residency, for which one of the prerequisites is to be living in Japan for 10 years or more.

Those who have already completed the trainee program and returned to their home countries can also apply for the new status of residence, the report said.

The report also said that trainees with the new work permit would be able to gain highly-skilled professional status if they pass an examination, which would enable them to bring their families to Japan and to renew their visas.

The new work permit would be given to those working in nursing, agriculture and construction — sectors where labor shortages are most severely felt, the sources said.

Labor shortages are already severe, especially in the service sector. In 2017, there were 150 job openings for every 100 workers — the largest gap in over four decades.

The number of foreign workers has been on the rise in recent years, hitting an all-time high of approximately 1.28 million as of last October. Of that total, the number of technical interns stood at around 250,000, according to government data.

The technical intern program, which was formally created in 1990 for the purpose of transferring skills in the industrial, agricultural and fisheries sectors to developing economies, has become an essential part of Japan’s labor force amid the nation’s demographic woes.

Abe has officially declared that his administration will never adopt “an immigration policy” to make up for the continuing acute labor shortage, despite a rapidly thinning workforce.

The program was designed to support foreign nationals in their acquisition of technical skills, but has been criticized as a cover to exploit cheap labor from abroad. Many cases have been reported of trainees being subjected to illegally long work hours and physical abuse from employers.

In March, it was revealed that a Vietnamese man who came to Japan under the program was allegedly forced to take part in decontamination work in areas hit by the 2011 nuclear disaster. The Justice Ministry has begun investigating the case.

To eliminate violations by companies employing vocational trainees, a new law came into effect in November obliging employers to secure accreditation for their training programs. Under the law, employers found to have physically abused the trainees are subject to imprisonment of up to 10 years or a fine of up to ¥3 million. Other moves, such as denying compensation claims or confiscating passports, are regarded as violation of the Labor Standards Law and are also subject to punishment.

ENDS

外国人、技能実習後も5年就労可能に 本格拡大にカジ
日本経済新聞 2018/4/11, courtesy of JM
https://www.nikkei.com/article/DGXMZO29256530R10C18A4SHA000/

政府は2019年4月にも外国人労働者向けに新たな在留資格をつくる。最長5年間の技能実習を修了した外国人に、さらに最長で5年間、就労できる資格を与える。試験に合格すれば、家族を招いたり、より長く国内で働いたりできる資格に移行できる。5年間が過ぎれば帰国してしまう人材を就労資格で残し、人手不足に対処する。外国人労働の本格拡大にカジを切る。

政府は単純労働者の受け入れを原則、認めていない。一方で働きながら技能を身につける技能実習の範囲拡大や期間延長で事実上、単純労働者の受け皿をつくってきた。幅広く就労の在留資格を与える制度の導入は大きな政策の転換点になる。

政府は今秋の臨時国会にも入国管理法改正案を提出し、来年4月にも新制度を始める方針だ。

新設する資格は「特定技能(仮称)」。17年10月末で25万人いる技能実習生に、さらに最長5年間、就労の道を開く。技能実習は農業や介護などが対象。新設する資格とあわせれば、通算で最長10年間、国内で働き続けることができる。

新資格で就労すれば技能実習より待遇がよくなるため、技能実習から移行を希望する外国人は多いとみられる。政府は少なくとも年間数万人は外国人労働者が増えるとみている。農業、介護、建設など人手不足の業界を対象にする。

そもそも技能実習は学んだ技術を母国に伝えることが前提。経験を積んだ人材も実習後に国外に退去しなければならない。長く働きたい外国人や、実習で経験を積んだ外国人を育てた国内の雇用主からは、改善を求める声があった。

技能実習制度とその本来の目的は維持するため、新資格は一定期間、母国に帰って再来日した後に与える。外国人の永住権取得の要件の一つに「引き続き10年以上の在留」がある。いったん帰国してもらうため、技能実習と新資格で通算10年を過ごしても、直ちに永住権取得の要件にはあたらないようになる。

外国人労働者をさらに増やすため、実習修了者と同程度の技能を持つ人にも新資格を付与する方針だ。既に実習を終えて帰国した人も対象になる見通しで、経験豊かな労働者を確保できる。

新資格の保有者は、より専門性が高い在留資格に変更できるようにする。専門技能を問う試験に合格すれば、海外の家族の受け入れや、在留期間の更新ができる既存の資格に切り替えられる。

国内では25年度に介護職員が約38万人不足する見込み。農業人口はこの10年で約4割減り、人手不足が深刻だ。技能実習生の多くが新資格に移行すれば、長期間、国内労働力に定着させることができる。アジア各国の賃金上昇で外国人労働力の獲得は難しくなっているが、人材獲得競争にもプラスに働くと見ている。

日本の労働力人口は約6600万人。17年10月末時点の外国人労働者数は技能実習生の増加などがけん引し、127万人と過去最高を更新した。労働力の50人に1人は外国人が担う状況だが、政府はさらに増やす方針だ。

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”

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  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

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (click on icon):
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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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“Japanese Only” diving and hiking tour company in Tokashikimura, Okinawa: “Begin Diving Buddies”

mytest

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Hi Blog. I found some time, so here is a little something for this week:

In addition to the hundreds of “Japanese Only” businesses found on the Rogues’ Gallery of Exclusionary Establishments (the fieldwork for book “Embedded Racism“), here is an Okinawan diving and hiking tourist agency called “Begin Diving Buddies” on a remote southern island called Tokashiki (35 mins by boat from Naha, Okinawa Prefecture) that refuses all “foreign” divers or hikers.

Their excuse: “safety reason and regulation” (or more simply in the Japanese, just “safety” (anzenjou), since there are NO regulations which blanket refuse foreigners in specific for wanting to swim dive or walk in the mountains).

“Dear foreign customer, we don’t give you service due to safety reason and regulation.
We are appreciated your understanding.”
(申し訳ありません。 安全上の理由により,外国の方はお受けしておりません)

Here’s a screen capture and text, courtesy of Steve and other Debito.org Readers:

About Diving: “Gaijin Refused” http://archive.is/kUTlD
Even just Walking: “Gaijin Refused” http://archive.is/rk6Gw
(Look at the photos, not dangerous hiking, simple relaxed walking.)
The smiling race-excluder: Mr. Ken’ichi Konishi http://archive.is/STvQx

Begin Diving Buddies’ contact details are:

☆ 住所 : 〒901-3501 沖縄県島尻郡渡嘉敷村字渡嘉敷1918-1
☆ 電話 : 098-896-4114
☆ 携帯 : 090-3272-3939
☆ FAX : 098-896-4115
☆ mail : tokashiki@begin.jp

http://www.begin.jp/aisatu.php

Feel free to give them a piece of your mind.  You can also also let officialdom know as well.  Here is Tokashiki-mura’s official website, and Okinawa’s official tourism writeup on the place.  Dr. Debito Arudou

===================================
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“Japanese Only” tourist information booth in JR Beppu Station

mytest

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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.

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

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

mytest

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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.”

Read more at https://www.upri-zine.com/single-post/2018/03/28/Racial-Profiling-by-the-Japanese-Police-An-Interview-with-Austin-Freeman

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

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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Japan Supreme Court enforces Hague Convention on Int’l Child Abductions (for Japanese claimants). Yet Sakura TV claims Hague is for “selfish White men” trying to entrap women from “uncivilized countries” as “babysitters”

mytest

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Hi Blog. We had an important Supreme Court ruling come down earlier this month, where an international custody dispute between two Japanese divorcees living in different countries resulted in the custodial parent overseas being awarded custody of the child, as per the Hague Convention on International Child Abductions. (See Japan Times article excerpt below.)

Debito.org has commented at length on this issue (and I have even written a novel based upon true stories of Japan’s safe haven for international child abductions). Part of the issue is that due to the insanity of Japan’s Family Registry (koseki) System, after a divorce only ONE parent (as in, one family) gets total custody of the child, with no joint custody or legally-guaranteed visitation rights. This happens to EVERYONE who marries, has children, and divorces in Japan (regardless of nationality).

But what makes this Supreme Court decision somewhat inapplicable to anyone but Wajin Japanese is the fact that other custody issues under the Hague (which Japan only signed kicking and screaming, and with enough caveats to lead to probable nonenforcement), which involved NON-Japanese parents, faced a great deal of racism and propaganda, even from the Japanese government.

As evidence, consider this TV segment (with English subtitles) on Japan’s ultraconservative (PM Abe Shinzo is a frequent contributor) Sakura Channel TV network (firmly established with the “present Japan positively no matter what” NHK World network).  It contains enough bald-facedly anti-foreign hypotheticals (including the requisite stereotype that foreign men are violent, and Japanese women are trying to escape DV) to inspire entire sociological articles, and the incredible claim that Japan’s court system is just appeasing White people and forcing a “selfish” alien system upon Japan.

https://www.youtube.com/watch?v=nmbuabX9_S0&feature=share

The best bits were when banner commentator Takayama Masayuki claimed a) White men just marry women from “uncivilized” countries until they find better women (such as ex-girlfriends from high school) and then divorce them, capturing the former as “babysitters” for once-a-week meet-ups with their kids (which Takayama overtly claims is the “premise” of the Hague Convention in the first place); and b) (which was not translated properly in the subtitles) where Takayama at the very end cites Mori Ohgai (poet, soldier, medical doctor and translator who wrote sexualized fiction about a liaison between a Japanese man and a German woman) to say, “play around with White WOMEN and then escape back home.” (Who’s being selfish, not to mention hypocritical, now?)

Take yet another plunge into this racialized sexpit of debate, where the racism doesn’t even bother to embed itself.  Dr. Debito Arudou

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

Supreme Court breaks new ground, ruling in favor of U.S.-based Japanese father in international custody battle
BY TOMOHIRO OSAKI, THE JAPAN TIMES, MAR 15, 2018, Courtesy of lots of people.
https://www.japantimes.co.jp/news/2018/03/15/national/crime-legal/supreme-court-breaks-new-ground-ruling-favor-u-s-based-japanese-father-international-custody-battle/

The Supreme Court ruled on Thursday in favor of a U.S.-based Japanese father seeking to reunite with his teenage son, who was taken by his estranged wife to Japan in 2016, concluding that the wife’s dogged refusal to abide by an earlier court order mandating the minor’s repatriation amounts to her “illegally confining” him.

The ruling is believed to be the first by the Supreme Court on cases where return orders by courts have been refused. It is likely to send a strong message regarding domestic legislation that is often slammed as impotent on cross-border child abductions, despite Japan’s commitments under the Hague Convention, following mounting criticism that return orders issued by courts have been ignored.

The Supreme Court sent the case back to the Nagoya High Court.

This latest case involved a formerly U.S.-based Japanese couple whose marital relationship began to deteriorate in 2008. According to the ruling, the wife unilaterally took away one of her children, then aged 11, in January 2016 and brought him to Japan where the two have since lived together.

Upon a complaint by the husband, a Tokyo court issued in September the same year a “return order” for the child under the Hague Convention, but the wife didn’t comply. When a court-appointed officer intervened to recover the child the following year the wife “refused to unlock the door,” prompting the officer to enter her residence via a second-story window, the ruling said. The mother then put up a fierce fight to retain the child, who also articulated his wish to stay in Japan.

On Thursday the top court overturned a Nagoya High Court ruling that acknowledged the child’s desire to stay in Japan. The latest ruling judged the minor was “in a difficult position to make a multifaceted, objective judgment about whether to remain under control of his mother,” citing his “heavy reliance” on her and the “undue psychological influence” she was likely exerting upon him in his life in Japan. The apparent lack of his free will, the ruling said, meant the mother’s attempt to keep the child equated to detention…

Rest of the article at https://www.japantimes.co.jp/news/2018/03/15/national/crime-legal/supreme-court-breaks-new-ground-ruling-favor-u-s-based-japanese-father-international-custody-battle/

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

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Asahi: Setagaya Ward plans to battle inter alia racial, ethnic discrimination (in specific) in a local ordinance. Progressive steps!

mytest

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Hi Blog. Here’s something important. Tokyo’s Setagaya-ku tries to do what Tottori Prefecture tried to do in 2005 (which was, pass Japan’s first ordinance specifically against racial discrimination, which is still NOT illegal in Japan; alas, Tottori UNpassed it months later). To be sure, Setagaya-ku’s goals are obscured behind the typical slogans of “discrimination due to differences in culture”, and there isn’t even a mention of “racial discrimination” (rendered as jinshu sabetsu) in this Setagaya-ku pamphlet briefing on the issue from last September.  But baby steps, and the issue of “racial discrimination” (which has long been denied even as existing in Japan) has had domestic media traction as an actual, existing problem because of Setagaya-ku. Let’s hope this serves as a template for other legislative bodies this time. Dr. Debito Arudou

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

Setagaya Ward plans to battle racial, ethnic discrimination
By TAICHIRO YOSHINO, Asahi Shinbun, February 28, 2018, courtesy of GDO

http://www.asahi.com/ajw/articles/AJ201802280061.html

Tokyo’s Setagaya Ward has drafted an ordinance designed to protect racial, ethnic and sexual minorities from discriminatory practices, a move hailed by human rights experts as an “advanced measure.”

The ward was one of the first local governments in Japan to recognize same-sex marriages, and the draft ordinance covers sexual minorities.

However, the draft specifically notes that its target also includes discrimination based on nationality and race.

Under the plan, the ward will establish a committee that will handle public complaints about discrimination and advise the mayor on what measures to take.

A standing committee of the Setagaya Ward assembly approved the draft on Feb. 26. The assembly is expected to adopt the ordinance at a plenary session on March 2, and it will likely take effect in April.

“I have never heard of an ordinance that is intended to end discrimination based on nationality and race and will create a system for handling complaints,” said lawyer Kim Chang-ho, a third-generation ethnic Korean and a member of a nongovernmental organization that protects the human rights of foreign residents in Japan.

“The ordinance will be of help in collecting evidence when victims call for action on discriminatory problems. I hope that the measure will spread nationwide,” Kim said.

Other municipalities have complaint management committees, but they mainly handle cases of sexual discrimination.

The Setagaya Ward committee will consist of three members who will act as advisers to the mayor.

Although the draft contained no punitive measures against offenders, it did suggest possible action that could be taken.

The ward, for example, could refuse to allow hate-speech groups to use public spaces and facilities for demonstrations and meetings. The ward also wants to ensure the needs of sexual minorities and other groups are met when they use public facilities.

In addition, the ward could issue “improvement” instructions to landlords who refuse to rent apartments to minorities, as well as those responsible for discriminatory graffiti or online videos.

Shigenori Nakagawa, a lawyer involved in protecting the rights of sexual minorities, praised the ward’s move.

“Amid a society where discrimination and stereotypes about sexual minorities are deeply rooted, it is meaningful to clearly specify basic social rules,” Nakagawa said.

ENDS

===========================
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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.

mytest

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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

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

mytest

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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
justbecauseicon.jpg

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!

mytest

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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: South Korea’s naturalized athletes in the PyeongChang Olympics; beyond treated as mercenaries?

mytest

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Hi Blog. While the PyeongChang Olympics are still going on, let’s talk about how national borders are being broken down in the name of enhancing national sporting prowess.

As per the Washington Post article below, South Korea has been converting foreigners into Korean Olympic athletes with the stroke of the bureaucratic pen.  Thus it is unclear at this point how much of a dent they will make on the national self-image of what it means “to be a Korean”.  If they don’t win (which, sadly, they won’t), then it’s doubtful they will be anything more than an unsuccessful means to an end, an asterisk in the annals of Korean sports.

But if they are accepted nevertheless as “true Koreans” (as opposed to mercenaries; and there is a positive precedent with naturalized citizen Lee Charm/Bernhard Quandt becoming South Korea’s National Tourism Organization leader in 2009; until, ahem, he stepped down in 2013 due to a sex scandal), Debito.org will be among the first to cheer.  Especially since South Korea, unlike Japan, allows for some form of dual nationality.

In a similar vein, Japan too has made “instant Japanese” for the purpose of strengthening Japan’s international sports showings, and the fielding of athletes of international roots who didn’t make teams overseas.  And there have been some wins on their part.  But the outlook is not good:  Beyond someone like the (legendary but nasty) baseball player Oh Sadaharu, and some famous Sumo wrestlers (who nowadays aren’t even officially counted as “Japanese” anyway), who remembers them?  Dr. Debito Arudou

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

Can you sing the anthem? Okay, you can play hockey for South Korea
By Chico Harlan, The Washington Post, February 11, 2018
https://www.washingtonpost.com/sports/olympics/can-you-sing-the-anthem-okay-you-can-play-hockey-for-south-korea/2018/02/11/fe63fa36-0ef6-11e8-8b0d-891602206fb7_story.html

PHOTO CAPTION: Seven of the South Korean men’s hockey team members are foreign-born, including six from Canada.

GANGNEUNG, South KoreaNot long after South Korea was chosen to host these Winter Olympics, as officials spoke openly about setting new medal records and showing off the country’s growing winter sports prowess to the world, a humbling reality set in:

South Korea was going to have to field a men’s ice hockey team.

At that point, the country’s all-time Winter Olympic hockey record was 0-0. Its national team was ranked neck-and-neck with North Korea. The country had a nonexistent hockey tradition, a thin pool of talent and just a few years to draw up a plan that would save itself from embarrassment.

Player by player, the results of that plan stepped Sunday night onto the ice, where the team’s latest practice kicked off with a goalie skating out from the locker room, wristing a puck at an angle and saying, in English, “These boards are bouncy.” Soon the whole team was on the ice, circling and taking slap shots, and somebody yelled, “Whooo, nice one.” Finally the coach settled at center ice, calling everybody toward the red line to take a knee. Every word of his was in English. “Bring it in, bring it in,” he said.

In a bid to upgrade its hockey program in fast-forward, one of the world’s most homogenous countries has created one of the most foreign-heavy Olympic teams of all time. Among 25 players on the South Korean men’s hockey team in PyeongChang, seven were born in other countries, including six in Canada. South Korea has 19 foreign-born athletes competing for it in these Olympics, most of any country, with hockey accounting for the largest share.

The men, so far, have gotten far less attention than their South Korean female hockey counterparts. The men, unlike the women, have no eye-catching diplomatic narrative. They don’t share a roster with any North Koreans. They won’t draw synchronized cheerleaders to their games. Instead, they prepare in near-empty arenas — and draw only three or four media members to their practices.

The imported men’s players are less mercenaries than converts, granted naturalized Korean citizenship even though they have no Korean blood. To get that opportunity, they had to play at least two seasons for Korean clubs in a pan-Asian hockey league. And then meet with national hockey officials. And then national Olympic officials. And then the country’s Ministry of Justice.

Oh, and then they had to take a test and sing the national anthem.

“Then, you find out if you pass or not,” said Eric Regan, a defenseman from Ontario, who naturalized in 2016. “I was with Matt Dalton, the goalie, at the time. We went through the process together and we both passed along with, I think, two other biathletes that day — both Russians. A month later we’re playing in the world championships for Team Korea. It was wild.”

The plan to boost South Korea’s competence began in 2014, with the hiring of a coach. The coach was Jim Paek, the first Korean-born player to make the National Hockey League. He had won a Stanley Cup championship in the early 1990s with the Pittsburgh Penguins, skating alongside Mario Lemieux. Several months after his hiring, the International Ice Hockey Federation announced that South Korea — having shown enough commitment to its program — would get an automatic bid, becoming one of 12 teams in the Olympic tournament. Traditionally, host countries receive automatic bids.

To hear Paek tell it, the national team recruited foreigners not from all over the world but rather from its own doorstep, targeting foreigners already playing in South Korea. For years, a handful of borderline NHL prospects had landed in the Asia League, a 15-year-old hockey league that spans four countries and has had 15 teams — seven of which have dissolved. Teams in Korea attract players by offering modest perks: a car, a tax-free salary, an apartment with heated floors. “I literally live in a building called Samsung,” said Mike Testwuide, a U.S.-born player on the Korean team.

It was these players that Paek began to recruit.

A few were already naturalized citizens. Others, Paek pitched on the idea.

He told them the Olympics were coming up, and that they could help.

“I didn’t hesitate, really,” Testwuide said. “It’s about showing that Korea has a serious hockey program.”

Paek said scouting players for his national team was relatively easy. The talent pool was so thin that it didn’t take much time.

“I don’t know if that’s lucky or not,” he said.

At least two of Korea’s current players, Bryan William Young and Alex Plante, have logged a couple of shifts in the NHL. The goalie, Dalton, dressed for a few games as a Boston Bruins backup. The player who has spent the most time in Korea, Brock Radunske, has played more than 350 games in the Asia League — and stands at 6-foot-5, nicknamed the Canadian Big Beauty.

The team begins play Thursday and is matched in a group with Canada, Switzerland and the Czech Republic — countries with a combined 27 medals in men’s hockey. South Korea’s Yonhap news agency wrote recently that a “winless performance isn’t entirely out of the question.” But Paek disagreed.

“We work really hard, and our expectation is, we’re prepared to win a game,” he said. “To win every game we play.”
ENDS

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

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Kyodo: Official stats on NJ “Trainee” work deaths & accidents; 2x higher than J worker deaths, and likely understated

mytest

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Hi Blog.  Finally, a quarter-century into the horrible government-sponsored NJ “Trainee” program, the GOJ is now releasing actual hard statistics about the people it is killing.  And you can see why it took so long — the numbers are shameful enough to warrant a cover-up:  Between 2014 and 2017, 22 NJ died (almost all due to workplace accidents, but at least one was probably being worked to death).  This is more than twice the on-job fatality rate for J workers.  There were also 475 cases of serious accidents to NJ “Trainees”, and, as activists point out below, this figure is probably understated.

A contrarian might argue that NJ are just accident-prone.  But as the article describes below, working conditions are simply awful, not to mention generally illegal.  And as as Debito.org has pointed out repeatedly over the decades, “the program is rife with abuse: exploitation under sweatshop conditions, restrictions on movement, unsafe workplaces, uncompensated work and work-site injuries, bullying and violence, physical and mental abuse, sexual harassment, death from overwork and suicideeven slavery and murder.

“Things have not improved in recent years. The Health, Labor and Welfare Ministry announced that about 70 percent of some 5,200 companies that accepted trainees in 2015 violated laws, and in 2016 a record 4,004 employers engaged in illegal activities. The program is so rotten that even the United Nations demanded Japan scrap it.” (From Japan Times, Jan. 3, 2018, Item 4)

Anyway, let’s celebrate that we have some official statistics at last, for without them, it’s easy to see why this program can keep going for a quarter-century with little political traction to improve it.  Dr. Debito Arudou

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

Foreign trainee fatality data highlight safety and exploitation issues in Japan
KYODO NEWS/JAPAN TIMES JAN 15, 2018
https://www.japantimes.co.jp/news/2018/01/14/national/social-issues/foreign-trainee-fatality-data-highlight-safety-exploitation-issues-japan/

Work-related incidents killed 22 foreign trainees over a three-year period from fiscal 2014, according to government data, illustrating the risk that laborers brought to Japan will face dangerous or exploitative conditions.

While most of the 22 deaths are believed to have been caused by accidents, one was the result of karōshi (death by overwork), the Health, Labor and Welfare Ministry said Sunday.

The ministry’s figures are the first government statistics to be released on work-related deaths among foreign trainees in Japan.

During the three-year period, there were on average 475 cases of work-related accidents per year that were subject to compensation via industrial accident insurance and which required four or more days of leave for such workers, the data showed.

The ratio of work-related deaths for foreign trainees was significantly higher than the ratio for all workers.

The government introduced the oft-criticized training program for foreign workers in 1993 with the apparent aim of transferring Japanese know-how to developing countries. But the program, applicable to agriculture and manufacturing among other sectors, has drawn criticism at home and abroad as a cover for importing cheap labor.

Cases of illegally long working hours, unpaid wages, violence and other harsh conditions have also been reported.

According to the Justice Ministry, foreign trainees are on the rise, with 167,641 logged in 2014, 192,655 in 2015 and 228,589 in 2016. Given the 22 deaths over the three-year period, the ratio of work-related deaths works out to roughly 3.7 deaths per 100,000 trainees.

For the nation as a whole, labor ministry data show that the tally for work-related deaths in all industries came to 2,957, or 1.7 deaths per 100,000 workers.

Akira Hatate, director of the Japan Civil Liberties Union and an expert on the trainee system, points out that there could be more cases involving foreign trainees due to the government’s lax reporting standards.

He said work-related accidents are more frequent among non-Japanese because they are “unfamiliar with Japanese workplaces (and) as they are usually working for small and midsize companies that give little consideration to safety and health in the workplace. Trainees (also) cannot communicate fluently in Japanese.”

“There are also cases where trainees, who cannot work due to an injury, are forced to return home. Concealment of work-related accidents is rampant,” Hatate said.

In one case of misconduct, a Vietnamese man who was injured on the job said his employer pocketed his insurance payments. The 23-year-old man came to Japan in July 2015 to work at a construction firm in Tokyo. With no prior experience in carpentry, he worked at residential construction sites and his monthly take-home pay was around ¥120,000.

The trainee said he was injured in May 2016 when his thumb was accidentally nailed by a machine. He was hospitalized for five days and after being discharged rested for only one day. The next day he resumed work with his thumb in a bandage. A year later he injured his palm during unloading work.

Even while he was working, his company filed for workers’ compensation, saying the man took a long-term absence and cited a medical certificate stating he required three months to recover.

Roughly ¥900,000 was transferred to the man’s bank account, but the employer told him the money was not his and demanded that he hand it over. The Vietnamese trainee said he was robbed of ¥220,000 in total.

Due to his lack of experience in the field and poor Japanese skills, the man often made mistakes. The president would yell at him to return to his country, and at one point, forced him to kneel and bow in dogeza fashion, an extreme way of apologizing by bowing deeply until the forehead touches the floor.

The man said he endured the mistreatment because he was about ¥1.4 million in debt to various entities, including the agency in Vietnam that got him into the program. He returned to Vietnam last month.

“I wanted to continue working, but I cannot do that under that president,” the man said. Until the end, the president offered no apology, he said.

Shiro Sasaki, secretary-general of the Zentoitsu Workers Union and well-versed on trainee issues, said, “Foreign nationals do not know about the workers’ compensation system, and there are many firms which think that things could just be settled by having the trainees return to their homeland.”

According to Sasaki, the way these firms treat their foreign trainees would never be acceptable to Japanese workers.

The latest data came to light as the government moves to expand the scope of the system amid a nationwide labor shortage and political resistance to boosting immigration.

Under a new law that took effect in November, nursing care was added to the list of fields in which foreign trainees can work. The change was made as firms struggle to overcome an acute shortage of care workers in an industry that is becoming all the more important amid the rapid graying of the population.
ENDS
=======================

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JT: “Coming of age: 1 in 8 new adults in Tokyo are not Japanese”; underanalyzed stats posing as media peg

mytest

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Hi Blog. And while I’m on the subject of questionable social science in journalism, let’s have a gander at this hopeful article in the JT, talking about how “1 in 8 new adults in Tokyo are not Japanese”.

Now that Japan’s Juuminhyou registry system no longer requires citizenship for actual Japan residency, foreign residents can actually be counted like real people (albeit not as the general Japanese demographic population, alas). That has enabled this article to offer a bit of statistical sleight-of-hand, as in saying that Japan is internationalizing because lots of emerging-adult non-citizens came of age in 2017, i.e., 13% of Tokyo’s population.

That’s fine, and a positive development as far as Debito.org is concerned. But not something all that headline-grabbing as a bellwether. After all, the article barely mentions the NJs’ visa status. Are these Permanent Residents who can stay here forever, and make a difference without fearing the loss of their visa? Or are they on something shorter and thus sweepable (or bribable) with the thud of a bureaucratic stamp of “nonrenewal”? (The article mentions the uptick in student and “trainee” visas; precisely my point.  This is not immigration; it’s a reflection of stopgap labor movement.)

And the true measure of internationalization — international Japanese citizens (i.e., Japanese children of international roots) — are not counted at all, once again showing the “embedded racism” of the process (by deliberately reducing Japan’s level of “foreignness” to more comfortable levels by only counting “pure” foreigners in isolation). Then what is a more newsworthy stat?  How about the record numbers each year of NJ residents with Permanent Residency?  That never seem to make much news blip. No wonder. That would actually mean something IS changing.

Instead, we get soft stats in soft newspaper articles like these. Again, fine, but we Old Japan Hands are getting rather sick of hearing prematurely how “Japan is changing” in the media, and getting our hopes up unnecessarily. Let’s have our journalists use some critical thinking and focus on more meaningful trends (such as the stat cited at the very bottom about Tokyo’s overall numbers of NJ residents; albeit again without accounting for visa status). Dr. Debito Arudou

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

Coming of age: 1 in 8 new adults in Tokyo are not Japanese, ward figures show
BY REIJI YOSHIDA, STAFF WRITER
THE JAPAN TIMES, JAN 10, 2018 (excerpt)
Courtesy https://www.japantimes.co.jp/news/2018/01/10/national/coming-age-1-8-new-adults-tokyo-not-japanese-ward-figures-show/

Monday was Coming-of-Age Day, when thousands of new Japanese adults celebrated turning 20 while wearing traditional kimono in commemoration ceremonies.


(Photo courtesy of Reuters and the JT)

But it was not only Japanese citizens who observed the personal milestone in the country. In fact, this year more than 1 in every 8 new adults in Tokyo’s 23 wards are not Japanese citizens, figures compiled by The Japan Times show.

According to data provided by the 23 ward offices, 10,959 new non-Japanese adults live in central Tokyo, or 13 percent of the 83,764 new adults living in the city.

[…]

New adults are defined as those who turned 20 or will turn 20 between April 2, 2017 and April 1 of this year. Those with dual citizenship of Japan and another country are counted as Japanese citizens. In Japan, those with dual citizenship are obliged by law to choose one of the two nationalities by the age of 22.

The ratios look particularly high given that foreign residents accounted for only 4.4 percent of the 9.3 million people living in Tokyo’s 23 wards as of January 2017.

[…]

Experts attributed Tokyo’s recent surge in the number of young non-Japanese to a flood of foreign residents coming with student and training visas.

Japan is suffering from a labor shortage in part because its working population is shrinking due to a low birth rate. This has helped attract a vast number of young foreign workers, in particular to the capital, said Toshihiro Menju, managing director at the Japan Center for International Exchange in Tokyo.

“This trend will continue over the long run. So Japan should not deal with it through ad hoc measures,” he said.

Japan has officially banned the immigration of unskilled foreign laborers, but it has allowed numerous foreign workers to come and work with student and so-called technical trainee visas, Menju said.

According to the metropolitan government, those who live in the city with student visas nearly doubled from 58,764 in 2012 to 104,889 last year.

[…]

Meanwhile, Nobuharu Hikiba, an official with the metropolitan government in charge of policies for foreign residents, also noted that the total number of foreign residents has continued its increase in Tokyo recently and that more foreign residents are staying for longer periods in the capital.

According to the Justice Ministry, the number of foreign residents in Tokyo’s 23 wards surged 25.5 percent from 2013 to hit 410,650 in 2017.

ENDS

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

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Hawaii’s false alarm missile attack of Jan 13, 2018. JT reports: “Hawaii residents spooked but Japanese sanguine”. Poor reporting and social science.

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Hi Blog. Making news (especially in the United States) was the alert on January 13 sent throughout Hawaii that the islands were under nuclear attack. And there were a number of reports of final messages to loved ones and otherwise panicked behavior as people tried to make use of their final moments. Fortunately, it turned out to be a false alarm, but the local government kept us in suspense for 38 minutes.  That is where the news is — the incompetence of local authorities coupled with international tensions fanned by an incompetent president.

But leave it to the Japan Times to try to draw sociocultural lines around the event. With the smarmy title, “False-alarm missile alert spooks Hawaii residents but Japanese sanguine,” it tried to paint Japanese as preternaturally calm while Americans were panicked. Drawing from a humongous sample size of three — yes, three — “Japanese”, the JT reported juicy quotes such as this:

[Megumi] Gong, [a housewife and college student from Shizuoka Prefecture who has lived in Honolulu for the last three years], characterized the differences between how Americans and Japanese reacted as “fascinating.” “I don’t know if it is a sense of crisis or an obsession with life, or whether one is more accustomed to emergency situations, but the difference in the responses is fascinating,” she said. Japanese, Gong said, “are afraid” but “aren’t panicked” — a kind of “it cannot be helped” attitude. “We don’t call our family to say I love you. We still go to work,” she said. “Also, we give up fast,” as if we “will die if the missile” comes. We “can’t do anything.”

Such is the blindness of transplant diaspora, who act, without any apparent social science training, as Cultural Representative of All Japan, wheeled out to represent an entire society of more than 100 million as a “we” monolith, and taken seriously by media merely by dint of her having Japanese background.  And in contrast, at least one of my contacts in Hokkaido (which also had a DPRK missile alert (for real) over Oshima Hantou and Erimo last September) would disagree with the lack of local panic.

When I raised the faulty social science on the JT discussion board, one respondent pointed out:

I believe one of the points of the article is to show contrast between those that are familiar with situations like this, and those that are not. Some people have a tendency to rely on either experience, or some sort of education that dictates initial reaction. When people cannot extrapolate a clear path of action based on an educated or experienced mindset, they have nothing to rely on, so they ignorantly panic instead. If anything, this article tells me that the “locals” need a solid plan they can focus on when the next alarm goes off. Ignorance can certainly be disastrous.

That point would be fair enough.  Except that the article didn’t actually say that.  It just smarmily made the case that Americans panic and Japanese don’t — by temperament, not by training.

As for the local panic point:  I’m in Hawaii too, and I didn’t even know about the missile alert until it was called off as a false alarm.  (January 13 just so happens to be my birthday, and I was sleeping in.)  Why?  Because nobody in my neighborhood panicked.  Some reports made it seem to be more of a Waikiki thing, which calls into question how many of these tourists were “Americans” in the first place.

Poor reportage, Japan Times.  You can do better than this.  Dr. Debito Arudou

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

mytest

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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

============================
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A Top Ten for 2017: Debito’s Japan Times JBC 110: “In 2017, Japan woke up to the issue of discrimination”

mytest

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JUST BE CAUSE
justbecauseicon.jpg

Hi Blog. As is tradition, here is JBC’s annual countdown of the top 10 human rights events as they affected non-Japanese (NJ) residents of Japan over the past year, as published in The Japan Times.

ISSUES | JUST BE CAUSE
In 2017, Japan woke up to the issue of discrimination [NB: I didn’t write the headline.]
BY DEBITO ARUDOU
THE JAPAN TIMES, JAN 3, 2018

https://www.japantimes.co.jp/community/2018/01/03/issues/2017-japan-woke-issue-discrimination/

(Version with links to sources.)

In ascending order:

10) As Japan’s population falls, NJ residents hit record

Figures released in 2017 indicated that Japan’s society is not just continuing to age and depopulate, but that the trends are accelerating. Annual births fell under 1 million — a record low — while deaths reached a record high. The segment of the population aged 65 or older also accounted for a record 27 percent of the total.

In contrast, after four years (2010-2013) of net outflow, the NJ resident influx set new records. A registered 2.38 million now make up 1.86 percent of Japan’s total population, somewhat offsetting the overall decline.

Alas, that didn’t matter. Japanese media as usual tended to report “Japan’s population” not in terms of people living in Japan, but rather Nihonjin (Japanese citizens), indicating once again that NJ residents simply don’t count.

9) ‘Hair police’ issue attracts attention with lawsuit

Japan’s secondary schools have a degree of uniformity that stifles diversity. And this trend reached its logical conclusion with the news that one school was forcing children with natural hair color that’s anything but black to dye and straighten their locks.

We talked about dyeing a decade ago (“Schools single out foreign roots,” July 17, 2007), noting its adverse effects on children’s physical and mental health. Yet the Asahi Shimbun reported in May that 57 percent of surveyed Tokyo metropolitan high schools still require “proof of real hair color.” In Osaka, it’s more like 80 percent.

Last October a student filed suit against Osaka Prefecture for mental anguish. Kaifukan High School in the city of Habikino had forced her to dye her naturally brown hair every four days, regardless of the rashes and scalp irritation. When even that proved insufficiently black, she was barred from a school festival and deleted from the school register.

The tone-deaf school justified this by saying, “Even a blond-haired foreign exchange student dyed her hair black.” This lawsuit’s outcome will signal whether Japan’s increasingly diverse student population can ever escape this kind of institutionalized harassment. But at least one student is standing up for herself.

8) Five-year limit on contract employment backfires

As reported in the JT by Hifumi Okunuki (“‘Five-year rule’ triggers ‘Tohoku college massacre’ of jobs,” Nov. 27, 2016), Japan’s Labor Contract Law was revised in 2013 to increase worker job security. To put an end to perennial full-time contracted employment, anyone working more than five years on serial fixed-term contracts will now be able to switch to normalized full-time noncontracted (seishain) status if they wish.

However, the law was not retroactive and the clock started ticking on April 1, 2013, so as the five-year deadline approaches this coming April, employers are now terminating contracts en masse: Last April, Tohoku University told 3,200 employees their current contracts would be their last.

But contract law has a special impact on NJ workers, as many endure perpetual contracted status (especially educators in Japan’s university system). The five-year rule has now normalized the practice of periodically “vacationing” and “rehiring” NJ to avoid continuous contracts, while encouraging major companies to finagle NJ employees’ working conditions by offering them “special temp status” (for example, explicitly capping contracts at less than five years).

Hence the bamboo ceiling remains alive and well, except it’s been expanded from just filtering out foreign nationals to affecting anyone.

7) Hate-speech law has concrete effects

Despite concerns about potential infringement of freedom of speech, a hate speech law was enacted in 2016 to, among other things, specifically protect foreign nationals from public defamation. It worked: Kyodo reported last year that xenophobic rallies, once averaging about one a day somewhere in Japan, were down by nearly half. Racialized invective has been softened, and official permission for hate groups to use public venues denied.

Of course, this hate speech law is not legislation with criminal penalties against, for example, racial discrimination. And it still assumes that noncitizens (rather than, for example, members of “visible minorities” who happen to be citizens) need special protection, incurring accusations of favoritism and “reverse discrimination.”

Nevertheless, according to the Mainichi, haters have been chastened. A report quotes one hate rally attendee as saying that before the law change, “I felt like anything I said was protected by the shield of ‘freedom of speech’… I felt safe because I knew the police officers would protect us. It felt like we had the upper hand.”

Not so much anymore.

6) Pension system qualification lowered to 10 years

Last year saw an important amendment to Japan’s state pension (nenkin) rules. Until last August, you had to invest a minimum of 300 months, or 25 years, in the various schemes to qualify for payouts after reaching retirement age.

Japan thus turned workers into “pension prisoners” — if you ever took your career elsewhere, you would get at most a small lump-sum payout from Japan, and possibly zero from your new country of residence for not paying in enough. (It was especially punitive toward Japan’s South American workers, who forfeited pensions when bribed by the government to “return home” during 2009’s economic downturn.)

Although things have improved under bilateral totalization agreements (where pension payments in designated countries get counted toward Japan’s 25-year minimum), this year Japan lowered the bar to the more reasonable 10 years. (More on this at www.debito.org/?p=14704.)

Of course, this does not resolve the fact that Japan will have the highest proportion of pensioners anywhere on Earth. Payouts and minimum retirement ages will be revised accordingly to make the pension worth little. But still, it will not be zero, and payments can be claimed anywhere in the world when you’re ready.

5) Renho resigns, Democratic Party withers

In 2016, in an unprecedented move, a member of an ethnic minority became the leader of a major Japanese political party. Alas, that party was the Democratic Party (formerly the Democratic Party of Japan), which in 2017 crumbled into nothing.

Renho, a Taiwanese-Japanese who served in Cabinets under two DPJ prime ministers, was a popular reformer. (She was re-elected in 2010 with a record number of votes for her district.) However, last year her integrity was questioned when it emerged that she had technically retained dual citizenship by not formally renouncing her Taiwanese nationality. That was rectified in July, but weeks later Renho resigned, ostensibly to “take responsibility” for a poor DP showing in the Tokyo prefectural election. From there, the DP downward-spiraled into virtual oblivion.

Many Japanese politicians have been tainted by scandal merely for associating with foreign types (for example, former DPJ Foreign Minister Seiji Maehara in 2011). Renho, alas, could not escape the stigma of her own putative “foreignness” — a huge setback for Japan’s politically invested ethnic minorities.

4) ‘Trainee’ program expanded, with ‘reforms’

Since 1993, to offset a labor shortage in Japan’s rusting small-firm industries, the government has been providing unskilled labor under an ostensible training program for foreign workers.

However, because “trainees” were not legally “workers” protected by labor laws, the program was rife with abuse: exploitation under sweatshop conditions, restrictions on movement, unsafe workplaces, uncompensated work and work-site injuries, bullying and violence, physical and mental abuse, sexual harassment, death from overwork and suicideeven slavery and murder.

Things have not improved in recent years. The Health, Labor and Welfare Ministry announced that about 70 percent of some 5,200 companies that accepted trainees in 2015 violated laws, and in 2016 a record 4,004 employers engaged in illegal activities. The program is so rotten that even the United Nations demanded Japan scrap it.

So guess what: In 2014, Prime Minster Shinzo Abe announced it would be expanded. Once restricted to the construction, manufacturing, agricultural and fishery industries, as of November it also includes nursing and caregiving. New opportunities were also proposed in “special economic zones” (so that foreign college graduates with Japanese language skills can pull weeds and till farmland — seriously). Furthermore, visas will be longer-term (up to five years).

To counter the abuses, the government also launched an official watchdog agency in November to do on-site inspections, offer counseling services to workers and penalize miscreant employers. But labor rights groups remain skeptical. The program’s fundamental incentives remain unchanged — not to actually “train” foreign laborers (or even provide Japanese language instruction), but rather to exploit them as cheap unskilled labor.

So expect more of the same. Except that now the program will ingest even more foreign workers for longer. After all, uncompetitive factories will continue to use cheap labor to avoid bankruptcy, construction will expand due to the Olympics, and more elderly Japanese will require caregivers.

3) North Korean missile tests and the fallout

Last year North Korea, the perpetual destabilizer of East Asia, commanded even more worldwide attention than usual (even popularizing the obscure word “dotard” among native English speakers). Flexing its muscles as a probable nuclear power, it test-fired missiles over Japan. The Japanese government responded by calling 2017 “the most severe security environment since the end of World War II” and warned regions of launches via the J-Alert system, while local authorities ran duck-and-cover-style nuclear attack drills.

This is but the most recent episode in a long history of Japan-North Korea reactionary antagonism. However, Japan is particularly wary of the possibility of infiltration. Members of the North Korean diaspora live in Japan (attending ethnic schools with photos of the Kim dynasty on their walls), with established networks for smuggling, money laundering and kidnapping of Japanese.

Essentially, North Korea’s international recklessness and habitual stupidity empower Japan’s warmongers and xenophobes to reinforce Japan’s bunker mentalities. They’ve successfully created domestic policies (such as the new “anti-conspiracy law”) that curtail civil, political and human rights for foreign and Japanese nationals alike — all legitimized based on the fear of North Koreans gaining even an iota of power in Japan.

Thus, North Korea’s antics ruin Japan’s liberal society for everyone. And last year Kim Jong Un upped the ante.

2) Abe glides to fifth electoral victory

In October, PM Abe won his fifth straight election (Lower House 2012, Upper House 2013, Lower House 2014, Upper House 2016, and this time Lower House 2017). No Japanese leader has ever enjoyed such a winning streak. But why?

Abe’s success is partly down to an aging society being predictably more conservative. No political party in the democratic world has held on to power as long as Abe’s Liberal Democratic Party. Voting LDP, particularly in rural Japan, where votes count more than urban ones do, is often generational habit.

It’s also partly due to an opposition in disarray: After the DP stumbled and fell, the newly formed Kibo no To (Party of Hope) (whose policies weren’t all that different from the LDP’s) soured under the leadership of mercurial Tokyo Gov. Yuriko Koike — who resigned as party head, effectively abandoning her baby, in November.

And, to give due credit, it’s partly because Abe offers reassuring policies that, as usual for the LDP, sloganize stability and preservation of the status quo over concrete results or necessary reforms.

As far as Japan’s NJ residents are concerned, this election offered no good news. No party offered any policy improvements whatsoever for Japan’s international residents. (As noted above, how could they, what with North Korea’s missiles flying overhead?)

But xenophobia in fact had political traction: A prerequisite for DP politicians to defect to Kibo no To was a pledge to oppose suffrage rights for NJ permanent residents — for fear, they openly argued, that NJ would swarm into a voting bloc and take control over regions of Japan!

In sum, 2017’s election was not a rout of the opposition as has been seen before; the ruling coalition even lost a few seats. Moreover, the biggest victors, a new Constitutional Democratic Party streamlined of wishy-washy former DP members, offered a clear voice to the strong opposition among Japanese to changing the Constitution.

That said, JBC believes those changes will probably happen anyway, because despite this year’s scandals (e.g., the Moritomo Gakuen and Kake Gakuen school debacles), five wins at the ballot box have made it clear that voters are just fine with Abe in power, whatever he does.

1) Government human rights survey of foreign residents

In March, the Justice Ministry released the results of a nationwide survey of NJ about the discrimination they face. It offered valuable insights: Nearly 40 percent of respondents looking for a place to live in the past five years had been refused for being foreign (and this did not include multiple rejections); more than a quarter gave up on a place after seeing a “no foreigners” clause.

Twenty-five percent of respondents looking for work said they had been rejected for being foreign, and nearly a fifth said they had received a lower salary for the same reason. Nearly 30 percent said they were targeted by race-based insults. More than 37 percent said they supported a law against “foreigner discrimination” (sic).

There’s lots more (see “Time to act on insights on landmark survey,” JBC, April 26), and even with all the caveats (e.g., excluding Japan’s visible-minority citizens, who tend to be treated as foreigners, and offering no questions about discrimination by officialdom, such as police street ID checks or the manufacturing of fictitious foreign crime waves), it’s an unimpeachable set of official stats that may, despite the xenophobic political climate, result in future antidiscrimination policies.

Bubbling under:

Osaka cuts sister-city ties with San Francisco as “comfort women” wartime sex slavery issue heats up.

Turkish resident Ibrahim Yener wins discrimination lawsuit against Osaka car agency — without using a lawyer.

In an international child custody dispute, Japan’s Supreme Court OKs defying a Hague Convention return order from a U.S. court, enabling future child abductions to Japan regardless of the treaty.

Record numbers of foreign tourists come to Japan and spend.

More NJ deaths in official custody, including those incarcerated at immigration detention centers and a New Zealander who died while strapped to a bed at a psychiatric hospital.

Charles Jenkins, U.S. Army deserter to North Korea and husband of a Japanese woman abducted to the same country, dies in Niigata Prefecture at age 77.

ENDS

=======================================
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XY: My experience with a Harajuku shop keeper – “F*ckin Foreigner kill” racist signs and threatened violence

mytest

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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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Quoted in South China Morning Post article: “Why is racism so big in Japan?”

mytest

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Hi Blog. Here’s an article in Hong Kong’s South China Morning Post on racism in Japan.  And while I’m not entirely satisfied with how some of my quotes came out, it’s still an article that tries to get to the heart of a complex issue within 800 words.  Dr. Debito Arudou

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

WHY IS RACISM SO BIG IN JAPAN?
It’s not just some Japanese shops that try to bar foreigners – schools and landlords can be equally unwelcoming. So maybe it’s not surprising a government adviser has called for apartheid, South Africa style

BY JULIAN RYALL, SOUTH CHINA MORNING POST, 9 DEC 2017
http://www.scmp.com/week-asia/politics/article/2123539/no-chinese-why-anti-china-racism-so-big-japan

The hand-written sign in the entrance of a cosmetics shop in Japan might have been shocking to many Chinese, but to some observers its message was all too familiar.

The sign, which said Chinese people were not allowed to enter, caused outrage when images of it were posted on Chinese websites last month.

Within 24 hours, the store’s owner Pola Inc ordered the sign to be removed and vowed to suspend operations at the outlet. Pola acknowledged the notice had caused “unpleasant feelings and inconvenience to many people” and said it would deal with the situation “gravely”.

In contrast with the anger in China, the incident attracted little coverage in Japan and received only brief mention in the few media outlets that covered it at all.

That seeming lack of interest doesn’t surprise Debito Arudou, a human-rights activist who was born David Schofill in California and became a naturalised Japanese citizen in 2000. Discrimination is a sad fact of life in Japan, according to Arudou, and if anything, it is becoming more frequent – and more blatant.

“Back in the 1980s, there was a lot of talk about how Japan was going to internationalise and that diversity was positive, but that has largely fizzled out,” Arudou, 52, says.

For Arudou, the most significant nail in the coffin of internationalisation was hammered in by Shintaro Ishihara, soon after he was elected governor of Tokyo in 1999. In a speech to members of Japan’s Self-Defence Forces on April 9, 2000, Ishihara said “atrocious crimes” had been repeatedly committed by illegal residents that he referred to as sangokujin, a derogatory term that literally means third-country nationals. Ishihara said if a natural disaster struck Tokyo, foreigners would cause civil disorder.

Despite an outcry, Ishihara brushed off demands to apologise. He even won re-election three times before stepping down in October 2012.

“There were problems before then, but I would have to say that speech made Japanese people look at foreigners as a threat to Japanese society, and I do not think that has gone away,” Arudou says.

And there are plenty of other examples of people in positions of responsibility expressing similar attitudes.

Ayako Sono, an author who has advised the government on education, wrote an opinion piece for the conservative newspaper Sankei Shimbun in 2015 in which she said that while Japan needed immigrants to solve its labour shortage, foreigners should be kept apart from Japanese people.

The best solution, she suggested, was the apartheid system employed by South Africa between 1948 and 1994. “It is next to impossible to attain an understanding of foreigners by living alongside them,” wrote Sono, 83. “Ever since I learned of the situation in South Africa some 20 or 30 years ago, I have been convinced that it is best for the races to live apart from each other, as was the case for whites, Asians and blacks in that country.”

Similarly, Tomomi Inada was revealed to have accepted donations from Zaitokukai, an anti-Korean group designated by police as a hate-speech organisation before she was appointed defence minister in 2016. She was also pictured meeting Kazunari Yamada, the leader of the National Socialist Japanese Labour Party and a fan of Adolf Hitler.

For many foreign nationals living in Japan, life has become significantly more difficult under a succession of Liberal Democratic Party governments, according to Arudou.

There are countless reports of Japanese property owners refusing to lease their flats to foreigners and, because there is no law that explicitly forbids discrimination based on nationality or race, there is little to stop them. Similarly, foreigners who approach government-run agencies for jobs are often refused based on their nationality or because they “look foreign”, according to Arudou, who in 2015 published book Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.

Arguably the worst demonstration of Japan’s attitudes towards outsiders is visible in education. Schools are permitted to refuse foreign children if they lack the ability to teach them or that doing so would be too difficult for teachers. “This means there is an undereducated underclass of around 20,000 non-citizen children who cannot even read because they have not had the opportunity to learn,” Arudou says. [Source:  Embedded Racism, p. 130]

As many as 40 per cent of those children are second- or third-generation Japanese whose ancestors had been living in Brazil but were encouraged to apply for jobs with companies looking for relatively cheap labour. Having moved to Japan, however, their children miss out on an education.

“For Japanese people, racial discrimination is an inconvenient truth and most Japanese do not want to believe it exists in their society because they have been told there is only one race in Japan,” Arudou says.

And when the domestic media plays up violent incidents involving immigrants in France, Germany and Britain, it comes as no surprise that Japanese resist the idea of permitting foreigners to settle permanently in Japan, even when they are refugees seeking sanctuary from violence in their homelands.

“It is well known that Japan accepts a minuscule number of refugees each year and yes, the media here and the public at large look at the problems that have occurred in Europe and say those problems could never happen here because there are no immigrants,” Arudou says. “They say this is a mono-culture where everyone understands each other. And while that is nationalist claptrap that completely ignores any crimes committed by Japanese, it is how they think. It’s the narrative they tell themselves to reassure each other. But it’s not an honest narrative.”

And while the Rugby World Cup in 2019 and the Tokyo Olympic Games the following year are being promoted as demonstrations of Japan as a nation open to outsiders, the changes may be only skin deep.

“I see these as ways of attracting more tourists and, therefore, more money,” he says.

“The people who come will be tourists and they will be shown great hospitality, but when it is over, Japan will wave them goodbye with a sigh of relief.” ■ ENDS

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Bitcoin purchasing and racial profiling by Quoinex and BITPoint Japan: Hurdles for NJ customers only

mytest

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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.)

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