Archive for the 'United Nations' Category
Issues involving the United Nations, and their comments on what we’re doing regarding immigration, assimilation, and discrimination in Japan.
Posted by Dr. ARUDOU, Debito on 20th March 2016
Economist: THE progenitor of Japan’s imperial line, supposedly 2,600 years ago, was female: Amaterasu, goddess of the sun. But for most of the time since, all emperors have been male. This has exercised the UN’s Committee on the Elimination of Discrimination against Women. Recently it concluded that Japan should let women inherit the Chrysanthemum throne, too. It is not clear what Emperor Akihito, who is 82 (and has a hugely popular wife), thinks about this. But the Japanese prime minister blew his top. Shinzo Abe leapt to the defence of a male-only line, saying it was rooted in Japanese history. The panel’s meddling, he said, was “totally inappropriate”. Cowed, it withdrew its recommendation that the law of succession be changed.
COMMENT: What’s interesting here is not that Japan protested outside comment about their emperor system (that happens with some frequency), but that the United Nations took it seriously enough to drop the issue. Pretty remarkable that the UN, which faces criticism for many of its human-rights stances, would be cowed by this. It only encourages Japan’s rabid right to become more reactionary in regards to international criticism — because oversight bodies will possibly retreat if the Abe Admin kicks up a fuss.
When I asked the author a bit more about the reasoning of the UN committee members, he said that nobody on the committee would discuss it with him. He said he was told that it became a distraction from the report, so they dropped it. Supposedly they felt this was an issue for Japan, not the UN.
Wow, that’s awfully generous. I can imagine numerous countries making the same argument — this contentious point is merely a “distraction” so drop it. Once again, Japan gets geopolitically kid-gloved. What’s next: Japan protests UN criticism of its “Japanese Only” practices as “totally inappropriate”? Actually, Japan essentially has (see also book “Embedded Racism” Ch. 8), but not to the point of the UN withdrawing its criticism. Yet.
Posted in Cultural Issue, Gaiatsu, Ironies & Hypocrisies, Japanese Government, Tangents, United Nations | 6 Comments »
Posted by Dr. ARUDOU, Debito on 3rd January 2016
2015 was another year of a few steps forward but many steps back in terms of human rights in Japan. The progressive grass roots consolidated their base and found more of a voice in public, while conservatives at the top pressed on with their agenda of turning the clock back to a past they continue to misrepresent. Here are the top 10 human rights issues of the year as they affected non-Japanese residents:
10) NHK ruling swats ‘flyjin’ myth
In November, the Tokyo District Court ordered NHK to pay ¥5.14 million to staffer Emmanuelle Bodin, voiding the public broadcaster’s decision to terminate her contract for fleeing Japan in March 2011. The court stated: “Given the circumstances under which the Great East Japan Earthquake and Fukushima No. 1 plant’s nuclear accident took place, it is absolutely impossible to criticize as irresponsible her decision to evacuate abroad to protect her life,” and that NHK “cannot contractually obligate people to show such excessive allegiance” to the company.
This ruling legally reaffirmed the right of employees to flee if they feel the need to protect themselves. So much for the “flyjin” myth and all the opprobrium heaped upon non-Japanese specifically for allegedly deserting their posts…
Rest at http://www.japantimes.co.jp/community/2016/01/03/issues/battles-history-media-message-scar-2015/
Posted in Articles & Publications, Bad Business Practices, Bad Social Science, Child Abductions, Cultural Issue, Education, Exclusionism, Fingerprinting, Targeting, Tracking NJ, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Lawsuits, Media, United Nations, Unsustainable Japanese Society | No Comments »
Posted by Dr. ARUDOU, Debito on 30th December 2015
Let’s keep the good news coming, on the heels of the suspension of the anti-foreigner government online “snitch sites”. Anti-Korean hate group Zaitokukai’s activities have been singled out for official frowning-at for some time now, including being put on the National Police Agency watch list, being publicly berated by the Osaka Mayor, and losing big in court–setting a good anti-defamation precedent recognizing hate speech as an illegal form of racial discrimination.
Now the “former leader” of Zaitokukai, Sakurai Makoto, has been issued Japan’s first ministerial warning that his activities are unlawful and violate human rights. And that individuals (not just groups) are also covered against hate speech. Good. But let’s take into account the limitations of this “advisory”. One is that it has no legal force (it’s basically, again, an official frowning-at). The other is that it can only claim this is unlawful, not illegal, because even after twenty years of signing the UN Convention on the Elimination of Racial Discrimination, Japan still has no laws against racial discrimination. And, as noted below, the GOJ declined to pass any laws against hate speech in 2015. Thus, the debate in Japan can only focus on abstract issues of victim reaction such as “dignity” and “personal agony”, which are much harder to proactively enforce in a legalistic manner. All the GOJ can do is run on fumes and frown–not actually arrest these extremists for encouraging violence against an entire ethnicity within Japan, or even stop the police for selectively keeping order in favor of the rightists.
Asahi: The Justice Ministry for the first time issued a hate speech advisory, warning the former leader of a group against ethnic Koreans on Dec. 22 that its activities are unlawful and violate human rights. The advisory was issued to Makoto Sakurai, former chairman of Zainichi Tokken wo Yurusanai Shimin no Kai (Group of citizens who do not tolerate privileges for ethnic Korean residents in Japan). The group is more commonly known as Zaitokukai, and it has gained international attention for blaring discriminatory and menacing taunts at its street rallies in ethnic Korean neighborhoods. Although the advisory does not carry legal force, the ministry deemed Zaitokukai’s actions to be unlawful. The advisory also recognized individuals as victims of hate speech for the first time.
Posted in Anti-discrimination templates/meetings, Good News, Hate Speech and Xenophobia, Human Rights, Ironies & Hypocrisies, Japanese Government, United Nations, 日本語 | 9 Comments »
Posted by Dr. ARUDOU, Debito on 1st October 2015
Debito.org hasn’t talked as much as other topics about the Government of Japan (GOJ)’s attitude towards refugees (in that, the acceptance of refugees is one measure of international contributions by the club of rich, developed countries and UN treaty signatories). But it is safe to say that the GOJ has not been cooperative, accepting fewer people in total over the past sixty years than some countries do in a single year — as the United Nations is aware. So now the Abe Administration is trying a different tack: Accepting refugees as temporary students, and then sending them “home” someday. Debito.org Reader JK parses that to bits by citing articles below.
Mainichi: “The idea is that by accepting refugees as students, Japan could aid in training personnel for the later reconstruction of Syria.” …and… “The plan represents the government’s efforts to think of a way to contribute to solving the Syria issue, without influencing the current refugee authorization system.”
JK: Translation: GOJ doesn’t want to look bad at the UN in front of the other nations who are actually doing something to help refugees, so what to do?…Ah! Accept refugees as students to make it look like Japan is making a difference — Japan trains the Syrians so that one day they can go ‘home’ and fix everything up, and as students, they’re not in a position to stay for good as would be the case if they were accepted as refugees. It’s a win-win!
Mainichi: “As an issue of demography, I would say that before accepting immigrants or refugees we need to have more activities by women, by elderly people and we must raise (the) birth rate. There are many things that we should do before accepting immigrants,” Abe told a news conference, according to the official translation of his comments.
JK: Translation: Accepting immigrants is the last thing we should do.
Posted in Bad Business Practices, Exclusionism, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Politics, Refugees, Tourism, United Nations, Unsustainable Japanese Society, 日本語 | 17 Comments »
Posted by Dr. ARUDOU, Debito on 12th April 2015
47News.jp (article below) reports that the Ministry of Justice Legal Affairs Bureau has refused to acknowledge “No Foreigners” apartments as a violation of human rights. This is the outcome of a case back in 2013, where an exchange student at Ryuukoku University was denied a flat despite going through the Student Union, and he took it to the Bureau of Human Rights for the official word on the subject. More than two years later (presumably the poor chap wasn’t living on the street in the interim), the MOJ determined that the foreigner-averse landlord had not violated anyone’s human rights, refusing to elaborate further. Great. Job well done and great precedent set, BOHR.
Two things of note: One is a media bias. Note how once again the 47News.jp article portrays the issue incorrectly in this scan of the sidebar illustration: It’s not “Foreigner Discrimination” (gaikokujin sabetsu no jirei). It’s racial discrimination, because the first case they cite (the Otaru Onsens Case in 1999) eventually has a Japanese being refused too. Yet the Japanese media will almost always refuse to undermine the incorrect narrative that racial discrimination never happens in Japan.
Second thing is that Japan’s generally ineffective Potemkin Bureau of Human Rights (jinken yougobu) has a long history of blind-eyeing the very thing it’s charged with protecting against. As further evidence of its ineffectuality – even complicity with discriminators – here is an example where the Sapporo BOHR advised a local government (Otaru) that it has no legal obligation to pass ordinance against racial discrimination, only suggesting that the city make such an ordinance if it considers it necessary. This is a scan of a BOHR document from my book “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan” (Tokyo: Akashi Shoten) , pg. 347 in the English version:
Further, the BOHR has denied information to claimants on the pretext of protecting claimants from their own privacy, so I wholeheartedly agree with the exchange student’s complaints about the lack of transparency. So this latest event of saying a blanket exclusionary policy as not a violation of human rights is but one more example to record on Debito.org for posterity.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Bad Business Practices, Bad Social Science, Education, Exclusionism, Human Rights, Immigration & Assimilation, Injustice, Japanese Government, Otaru Onsen Lawsuit, SITYS, United Nations, 日本語 | 17 Comments »
Posted by Dr. ARUDOU, Debito on 2nd April 2015
I presented at a very high-profile Global Perspectives on Colorism Conference at the Harris World Law Institute, University of Washington at St. Louis School of Law, joining some excellent speakers with impressive backgrounds. The first day had some really informative presentations (much more rigorous and thoughtful than the Ethnic Studies class I took at UH), and I hope to be just as rigorous and thoughtful tomorrow during my fifteen minutes.
Title: Skin color stigmata in “homogeneous” Japanese society
Speaker: Dr. ARUDOU, Debito, Scholar, University of Hawaii at Manoa
Abstract: Japanese society is commonly known as a “homogeneous society”, without issues of “race” or skin color stigmata. This is not the case. The speaker, a bilingual naturalized Japanese of Caucasian descent, has lived for a quarter century in Japan researching issues of Japanese minorities. He has found that biological markers, including facial shape, body type, and, of course, skin color, factor in to differentiate, “other”, and subordinate people not only into “Japanese” and “non-Japanese”, but also into “cleaner” and “dirtier” people (and thus higher and lower social classes) within the social category of “Japanese” itself. This talk will provide concrete examples of the dynamic of skin-color stigmatization, and demonstrate how the methods of Critical Race Theory may also be applied to a non-White society.
Posted in Anti-discrimination templates/meetings, Bad Business Practices, Cultural Issue, Gaiatsu, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Japanese Government, Japanese Politics, Media, Racist Images in Media, Speech materials, United Nations, Unsustainable Japanese Society | No Comments »
Posted by Dr. ARUDOU, Debito on 16th March 2015
Kotler: We know of Lieutenant Nakasone’s role in setting up a comfort station thanks to his 1978 memoir, “Commander of 3,000 Men at Age 23.” At that time, such accounts were relatively commonplace and uncontroversial — and no obstacle to a political career. From 1982 to 1987, Mr. Nakasone was the prime minister of Japan. Today, however, the Japanese military’s involvement in comfort stations is bitterly contested. The government of Prime Minister Shinzo Abe is engaged in an all-out effort to portray the historical record as a tissue of lies designed to discredit the nation. Mr. Abe’s administration denies that imperial Japan ran a system of human trafficking and coerced prostitution, implying that comfort women were simply camp-following prostitutes.
The latest move came at the end of October when, with no intended irony, the ruling Liberal Democratic Party appointed Mr. Nakasone’s own son, former Foreign Minister Hirofumi Nakasone, to chair a commission established to “consider concrete measures to restore Japan’s honor with regard to the comfort women issue.” The official narrative in Japan is fast becoming detached from reality, as it seeks to cast the Japanese people — rather than the comfort women of the Asia-Pacific theater — as the victims of this story. The Abe administration sees this historical revision as integral to restoring Japan’s imperial wartime honor and modern-day national pride. But the broader effect of the campaign has been to cause Japan to back away from international efforts against human rights abuses and to weaken its desire to be seen as a responsible partner in prosecuting possible war crimes.
Posted in Bad Social Science, Gaiatsu, History, Human Rights, Injustice, Japanese Government, Japanese Politics, NJ legacies, United Nations | 13 Comments »
Posted by Dr. ARUDOU, Debito on 1st January 2015
As is tradition for JBC, it’s time to recap the Top Ten human rights news events affecting non-Japanese (NJ) in Japan last year. In ascending order:
10) WARMONGER SHINTARO ISHIHARA LOSES HIS DIET SEAT
This newspaper has talked about Shintaro Ishihara’s unsubtle bigotry (particularly towards Japan’s NJ residents) numerous times (e.g. “If bully Ishihara wants one last stand, bring it on,” JBC, Nov. 6, 2012), while gritting our teeth as he won re-election repeatedly to the National Diet and the Tokyo governorship. However, in a move that can only be put down to hubris, he resigned his gubernatorial bully pulpit in 2012 to shepherd a lunatic-right fringe party into the Diet. But in December he was voted out, drawing the curtain on nearly five decades of political theater…
Read the next nine and five bubble-unders below with links to sources:
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Articles & Publications, Bad Business Practices, Bad Social Science, Child Abductions, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Injustice, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Lawsuits, Media, Otaru Onsen Lawsuit, Racist Images in Media, SITYS, Sport, United Nations | 8 Comments »
Posted by Dr. ARUDOU, Debito on 21st December 2014
According to the Grauniad (article below), hate group Zaitokukai (which has been part of a group publicly advocating the killing of Japan’s generational Korean residents, the Zainichi) has been placed on a National Police Agency “watchlist” as a threat to law and order. That is good news. However, I wonder if it will deter Zaitokukai’s bullying activities, where they can verbally abuse, knock down, and even punch (watch the video to the end) an old man who counterdemonstrates against them: Where were the police then? (Or then? Or then? Or then? Or then? Or then? Or within the movie Yasukuni?)
As Debito.org has argued before, the Japanese police have a soft touch for extreme-rightists, but take a hard line against extreme(?) leftists. So placing this particular group on a watch list is a good thing. As having laws against violence and threats to law and order is a good thing. Alas, if those laws are not enforced by Japan’s boys in blue, that makes little difference. We will have to wait and see whether we’ll see a softening of Zaitokukai’s rhetoric or Sakurai Makoto’s bullying activities.
Meanwhile, according to the Mainichi Shinbun at the very bottom, local governments (as opposed to the foot-dragging PM Abe Cabinet) are considering laws against hate speech (well, they’re passing motions calling for one, anyway). That’s good too, considering that not long ago they were actually passing panicky resolutions against allowing Permanent Residents (particularly those same Zainichi) the right to vote in local elections. Methinks that if the world (e.g., the United Nations) wasn’t making an issue of Japan’s rising hate speech (what with the approaching 2020 Tokyo Olympics and all), this would probably not be happening. In other words, the evidence suggests that it’s less an issue of seeing the Zainichi as fellow residents and human beings deserving equal rights, more an issue of Japan avoiding international embarrassment. I would love to be proven wrong on this, but the former is a much more sustainable push than the latter.
Posted in "Pinprick Protests", Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Japanese Government, United Nations, 日本語 | 7 Comments »
Posted by Dr. ARUDOU, Debito on 29th November 2014
DEBITO.ORG READER AM: Debito, I saw an internet banner ad on the asahi.com website that along with a cartoon figure, posed the question “gaikokujin no jinken mamotteru?” [Are you protecting the human rights of NJ?] I thought I must have been seeing things, but clicking through I landed on a Japan Ministry of Justice page offering advice on how to protect the rights of non-Japanese.
It seems that this is a campaign is part of Japan’s push to ready the country for the 2020 Olympics, addressing issues such as ryokan denying service to non Japanese. Definitely a nice change from the focus on hooliganism leading up to the World Cup in 2002.
DEBITO: I would agree. It’s much better to see Non-Japanese as people with rights than as rapacious and devious criminals who deserve no rights because, according to the Ministry of Justice’s own surveys, NJ aren’t as equally human as Japanese. And this is not the first antidiscrimination campaign by the Japanese Government, in the guise of the mostly-potemkin Bureau of Human Rights (jinken yougobu, or BOHR) nominally assigned to protect human rights in Japan (which, as Debito.org has pointed out before, have put out some pretty biased and insensitive campaigns specifically regarding NJ residents in Japan). And did I mention the Japanese Government in general has a habit of portraying important international issues in very biased ways if there’s ever a chance of NJ anywhere getting equal treatment or having any alleged power over Japanese people? It’s rarely a level playing field or a fair fight in Japan’s debate arenas or awareness campaigns.
So now that it’s 2014, and another influential Olympics looms, how does the BOHR do this time? (And I bother with this periodic evaluation because the Japanese Government DOES watch what we do here at Debito.org, and makes modifications after sufficient embarrassments…) I’ll take screen captures of the whole site, since they have a habit of disappearing after appearing here. Here’s the top page:
CONCLUSION: Again, much talk about NJ and their lives here with minimized involvement of the NJ themselves. As my friend noted, it’s better this than having NJ openly denigrated or treated as a social threat. However, having them being treated as visitors, or as animals that need pacifying through Wajin interlocutors, is not exactly what I’d call terribly progressive steps, or even good social science. But that’s what the BOHR, as I mentioned above, keeps doing year after year, and it keeps their line items funded and their underwhelming claims of progressive action to the United Nations window-dressed.
Posted in Bad Social Science, Cultural Issue, Education, Human Rights, Japanese Government, Media, NJ voices ignored, discounted & discredited, Otaru Onsen Lawsuit, Problematic Foreign Treatment, Sport, Tourism, United Nations, 日本語 | 4 Comments »
Posted by Dr. ARUDOU, Debito on 15th November 2014
Good news. With the upswell in hate speech in Japan, particularly against Zainichi Koreans, we have social antibodies kicking in, with public counterdemonstrations on Nov. 2 to say that this behavior is unacceptable. Of course, this is only the second time that the anti-racists have demonstrated, as opposed to the many, many, many times the pro-racism forces have turned out on the streets. But it is a positive step that Debito.org salutes, and I hope that they will take a more proactive (as opposed to reactive) approach to set the public agenda. That agenda should be: punitive criminal laws against hate speech and racial discrimination in Japan. For the lack of legislation in Japan means that the xenophobic elements can essentially do as they please (short of breaking already-established laws involving more generic violence towards others) to normalize hatred in Japan. And they will probably succeed in doing so unless it is illegal. My fear is that opponents of public hatred might think that just counter-demonstrating is sufficient, and if hate speech ever dies down, they’ll think problem solved. As the United Nations agrees, it won’t be.
Posted in Anti-discrimination templates/meetings, Exclusionism, Good News, Hate Speech and Xenophobia, Human Rights, United Nations, 日本語 | 18 Comments »
Posted by Dr. ARUDOU, Debito on 10th September 2014
Got quoted (and some of Debito.org’s “Japanese Only” signs posted) in BBC Brasil today (thanks Ewerthon for the link). I’ll paste the article below with the Google machine translation in English afterwards. Corrections welcome.
Machine translated excerpt: “A report of the UN Human Rights Committee referred to the Japanese government, highlights the passive reaction of the police in demonstrations of this kind. The authorities have been criticized for only observe, without taking any effective action to curb abuses.
In late August, the UN Committee on the Elimination of Racial Discrimination requested that the country “firmly approached the manifestations of hatred and racism and incitement to racial hatred and violence during public demonstrations.” Since 2013, Japan has registered more than 360 cases of racist demonstrations and speeches.[…]
For the writer, activist and American-born researcher naturalized Japanese Arudou Debito, “(such discriminatory attitudes) have become increasingly overt, organized, and normalized.”
Debito collects, since 1999, pictures of signs of shops, bars, restaurants, karaoke bars, many of them sent in by readers from all over Japan, with English phrases – and even in Portuguese – prohibiting the entry of foreigners. The collection became a book entitled Japanese Only: The Otaru case of spa and racial discrimination in Japan. [NB: Not quite right, but my clarification was ignored by editors.]
Debito is said still worried that with the increasing dissemination of the thoughts of the extreme right, the cause get more and more “fans”.”Japan still has the belief that extremism is less likely to happen in its ‘peaceful society'”,” he explained. “I do not think it’s that simple. Ignoring the problems of hatred, intolerance and exclusivism towards minorities hoping they simply disappear too is a positive and historically dangerous thought.”
The Brazilian community in Japan is also a constant target of discriminatory attitudes. Fourth largest group among the foreigners living in the country, Brazilians are constantly complaining of abuses generated by racial discrimination and the issue is always raised in discussions with local authorities…
Posted in "Pinprick Protests", Articles & Publications, Exclusionism, Hate Speech and Xenophobia, Human Rights, Japanese Government, Lawsuits, United Nations | 15 Comments »
Posted by Dr. ARUDOU, Debito on 31st August 2014
Two posts ago I talked about the UN’s most recent report on Japan’s human rights record (and how there seems to have been almost no progress made). Well, also interesting is the public record of the give-and-take between UN officials and Japan’s mission to the UN. That’s below. It offers a glimpse of the mindsets of Japan’s representatives, and how they will defend Japan’s status quo no matter what. The parts that are germane to Debito.org are bolded up, so have a read. This is probably a glimpse as to what courses the GOJ will (not) take regarding human rights issues in future.
BTW, If you want to see how much has not changed (these UN reviews happen every two years), get a load of what happened last time Japan faced the music in the UN regarding its human rights record, back in 2010. The GOJ even claimed Japan was taking “every conceivable measure” to eliminate racial discrimination back in 2008 (yeah, except for an actual law against racial discrimination, unrequited since 1996!). Debito.org’s archives and analysis go back even farther, so click here. And when everyone by now realizes that Japan’s human-rights efforts are a joke (seriously, back in 2013), the Japanese representative will angrily shout to the audience, “Why are you laughing? SHUT UP! SHUT UP!” This is not a joke.
Concluding remarks (excerpt):
ANWAR KEMAL, Committee Member acting as Country Rapporteur for the Report of Japan, said Japan was making progress in the implementation of the Convention. Japan had a democratic constitution and therefore should be able to adopt a comprehensive anti-discrimination law which would plug the gaps in the domestic legislation as recommended by the Committee five years ago. It should be able to tackle racist hate speech without impeding upon the right to free speech. It should install a national human rights institution without delay…
AKIRA KONO, Ambassador to the United Nations at the Ministry of Foreign Affairs of Japan, [said] Japan would continue to make tireless efforts to improve the human rights situation without permitting any form of discrimination, including racial or ethnic.
Posted in Anti-discrimination templates/meetings, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, United Nations | 19 Comments »
Posted by Dr. ARUDOU, Debito on 22nd August 2014
Good news. The United Nations has once again reviewed Japan’s human rights record (preliminary report below), and found it wanting. Here’s the bit that has been cited in Japan’s news media (also below):
Human Rights Committee
Concluding observations (2014) CCPR/C/JPN/CO/6
ADVANCE UNEDITED VERSION
Human Rights Committee
Concluding observations on the sixth periodic report of Japan (excerpt)
Hate speech and racial discrimination
12. The Committee expresses concern at the widespread racist discourse against members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and discrimination against them, and the insufficient protection granted against these acts in the criminal and civil code. The Committee also expresses concern at the high number of extremist demonstrations authorised, the harassment and violence perpetrated against minorities, including against foreign students, as well the open display in private establishments of signs such as “Japanese only” (arts. 2, 19, 20 and 27).
The State should prohibit all propaganda advocating racial superiority or hatred that incites to discrimination, hostility or violence, and should prohibit demonstrations that intended to disseminate such propaganda. The State party should also allocate sufficient resources for awareness-raising campaigns against racism and increase its efforts to ensure that judges, prosecutors and police officials are trained to be able to detect hate and racially motivated crimes. The State party should also take all necessary steps to prevent racist attacks and to ensure that the alleged perpetrators are thoroughly investigated and prosecuted and, if convicted, punished with appropriate sanctions.
COMMENT: Happy to see the generally-overlooked aftermath of the Otaru Onsens Case and the information on Debito.org’s Rogues’ Gallery of Exclusionary Establishments is still being cited. Keep the pressure on, UN. The media reaction and the UN report in full follows, and there’s lots more important stuff (including issues of “Trainee” NJ slave-wage work, Japan’s historical wartime sexual slavery, abuses of police power, and even Fukushima irradiation!)
Posted in Anti-discrimination templates/meetings, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Otaru Onsen Lawsuit, United Nations, 日本語 | 10 Comments »
Posted by Dr. ARUDOU, Debito on 21st July 2014
JIJI: Japan came under pressure at a U.N. meeting Tuesday to do more to help stop hate speech that promotes discrimination by race or nationality. “According to information we received, there have been more than 360 cases of racist demonstrations and speeches in 2013, mainly in Korean neighborhoods in Tokyo,” Yuval Shany from Israel, one of the experts at the U.N. Human Rights Committee, said at the meeting in Geneva. Shany asked Japan whether it is considering adopting legislation to address hate and racist speech. Existing laws in Japan do not allow police to intervene to stop hate speech demonstrations, Shany said at the meeting held to review the civil and political rights situation in Japan. “It seems almost nothing has been done by the government to react to Japanese-only signs which have been posted in a number of places,” Shany said.
Kyodo: The Osaka High Court on Tuesday upheld a lower court ruling that branded as “discriminatory” demonstrations staged near a pro-Pyongyang Korean school by anti-Korean activists who used hate-speech slogans. A three-judge high court panel turned down an appeal by the Zaitokukai group against the Kyoto District Court decision ordering that it pay about ¥12 million in damages to the school operator, Kyoto Chosen Gakuen. The order also banned the group from staging demonstrations near the school in Minami Ward, Kyoto.
Johnston: The good news is that, finally, more and more people in Osaka and the Kansai region are fighting back against the haters. Counter-demonstrations against Zaitokukai in particular are increasing. At the same time, there is a feeling among many here that, as Osaka and Korea have a deep ties, things will work themselves out. But that’s the problem. What’s needed now is not “historical perspective,” “understanding” or “respect,” but legislation ensuring protection and punishment. This is precisely because perspective, understanding and respect alone will not stop hate speech — especially that directed at new groups or those who have not traditionally been as ostracized as ethnic minorities.
AFP: A far-right Polish MEP outraged lawmakers gathered in the European Parliament on Wednesday by comparing the continent’s unemployed youth to “niggers” in the U.S. South. […] Comparing job-seeking youth to black laborers in the American South during the 1960s, Korwin-Mikke said: “Four millions humans lost jobs. Well, it was four million niggers. But now we have 20 millions Europeans who are the Negroes of Europe.
Grauniad: A former local election candidate for the far-right Front National (FN) in France has been sentenced to nine months in prison for comparing the country’s justice minister, who is black, to an ape. […] On Tuesday, a court in Cayenne, French Guiana’s capital, sentenced her to nine months in jail, banned her from standing for election for five years, and imposed a €50,000 (£39,500) fine. French Guiana is an overseas département of France and is inside the European Union. It also handed the FN a €30,000 fine, putting an end to a case brought by French Guiana’s Walwari political party, founded by Taubira.
COMMENT: So there is precedent, example, template, and international embarrassment. Will this result in a law in Japan against hate speech (ken’o hatsugen)? I say again: not in the foreseeable future, sadly. As noted on Debito.org many times, we have had all four of these pressures in Japan for decades now (not to mention an international treaty signed in specific), yet we still can’t get a law against racial discrimination (jinshu sabetsu) in Japan.
Posted in Anti-discrimination templates/meetings, Bad Social Science, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, Human Rights, Japanese Government, Lawsuits, United Nations | 6 Comments »
Posted by Dr. ARUDOU, Debito on 11th May 2014
When Debito.org last seriously talked about the issue of Japan’s foreign “Trainees” (i.e. NJ brought over by the GOJ who are allegedly “in occupational training”, therefore not qualifying as “workers” entitled to labor law protections), it was back in July 2010, when news broke about the death of 27 of them in 2009. The news to me was that it was only the SECOND worst casualty rate on record. Even more scandalous was that about a third of the total dead NJ (as in eight) had died of, quote, “unknown causes” (as if that’s a sufficient explanation). Kyodo News back then rather ignorantly observed how problematic the “Trainee” system has been, stating that “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. Hardly “recent” even back then: Despite years of calls to fix or abolish the program entirely, with official condemnations in 2006 of it as “a swindle”, and the UN in 2010 essentially calling it slavery (see article below), it was still causing deaths at the rate of two or three NJ a month. (The irony was that karoushi (death from overwork) was a big media event when Japanese were dying of it. Clearly less so when NJ die.)
Now sit down for this news: The GOJ is seeking not to reform the “Trainee” system, but rather to EXPAND it. As the article indicates below, we’ve gotta get more cheap, disposable, and ultimately expendable foreigners to build our Tokyo Olympics in time for 2020. And then we can round them up once their visas expire and deport them (that is, if they’re still alive), like we did back in Nagano for the 1998 Olympics.
This is precisely the type of exploitative capitalism that creates Marxists. But again, who in Japan empathizes with NJ workers? They’re only here to earn money and then go home, right? So they deserve to be exploited, runs the common national narrative. And under that discourse, no matter how bad it gets for them (and so far it really, really has), no amount of domestic or international condemnation will stop it.
Posted in Bad Business Practices, Human Rights, Ironies & Hypocrisies, Japanese Government, Labor issues, NJ legacies, NJ voices ignored, discounted & discredited, United Nations, Unsustainable Japanese Society | 17 Comments »
Posted by Dr. ARUDOU, Debito on 11th December 2013
My conclusions first: If you really want to “look on the bright side” of recent events, we could say “we live in interesting times”. Given the normally glacial pace of reforms in Japan, the Abe Administration is proceeding with incredible speed — which he can do, given LDP control over both houses of Parliament. It’s a pity that things are heading in the Rightist direction, dismantling the Postwar order of governance and the safeguards against Prewar fascism faster than the public or media can keep up.
As discussed here before Debito.org got tackled, both inside and outside observers (including the UN) were alarmed at the contents of the State Secrets Protection Law (himitsu hogo hou), the one that leaves vague what a “government secret” is exactly (for better public non-transparency), and offers criminal penalties of up to ten years’ incarceration for violators, including journalists. The tone of this law is pretty clear: Anyone who gets in the way (and according to LDP Secretary General and defense policy wonk Ishiba Shigeru, “noisy” protestors will be labeled “terrorists”; I’m waiting for Ishiba to say the same thing about the perennially noisy, intimidating, and sometimes violent right-wing sound trucks) will be dealt with accordingly.
Debito.org said that the protests in any case were too little, too late, and it would make no difference. It didn’t (except in Abe’s approval ratings, which dipped below 50% for the first time for this administration; never mind — a few more saber rattlings with the Chinese bogeyman will remedy that), and the bill was rammed through both the Lower and Upper Houses and is now law. SITYS.
This after, as also noted on Debito.org previously, Abe’s Gaijin Handlers were sent off on a mission to placate the one country that might get them to avert this course: The United States. Top Abe advisor Kitaoka Shin’ichi recently visited Hawaii and points mainland to sell Japan’s remilitarization as a means to help America’s security exploits abroad, saying it would be possible by a mere circumvention of the Constitution by reinterpretation. Who needs to go through that laborious process of actual Constitutional revision when you can just ignore it? And it seems the Americans have signed off on it. And on Japan’s new protection measures of “state secrets”. And on a creation of a National Security Council that reports to Abe, modeled on the USG’s NSC, so who could object? Checkmate.
Look, some people might be surprised by all this, but I’m not. Debito.org saw this coming more than ten years ago, and watched it play out since 2000 as innate fears of outsiders in general were made into public policy seeing foreigners as criminals, then terrorists etc. Now. it’s Chinese foreigners in specific (what with the two-plus “Lost Decades” of stagnant to negative growth causing Japan to be eclipsed by China as the largest economy in the region). I’ve charted the arc of this public debate here in a paper for Japan Focus, showing how officially-sponsored xenophobia was used to undermine, then decimate, Japan’s Left. And with no opposition Left, there’s nothing to stop a dedicated silver-spoon elite like Abe, who has known no war (and accepts no responsibility for Japan’s historical role in it), for swinging the pendulum the furthest Right it has been in the Postwar Era. Provided his health holds up, he’s got three years to do it. Just watch him do it as quickly as possible.
Posted in Hate Speech and Xenophobia, Human Rights, Japanese Government, Japanese Politics, Media, SITYS, United Nations, Unsustainable Japanese Society, 日本語 | 30 Comments »
Posted by Dr. ARUDOU, Debito on 22nd November 2013
UN News: Two independent United Nations human rights experts today expressed serious concern about a Government-sponsored draft bill in Japan that would decide what constitutes a State secret.
The Special Rapporteurs on freedom of expression and on the right to health requested further information from the Japanese authorities on the draft law and voiced their concerns regarding its compliance with human rights standards…
“Transparency is a core requirement for democratic governance,” said the Special Rapporteur on freedom of expression, Frank La Rue. “The draft bill not only appears to establish very broad and vague grounds for secrecy but also include serious threats to whistle-blowers and even journalists reporting on secrets.”
According to reports, information related to defence, diplomacy, counter-intelligence and counter-terrorism will all be classified as a state secret, while ministers could decide what information to keep from the public.
COMMENT: The snowball is rolling and a version of this legislation, even if “watered down” (or perhaps not), will probably be rammed through into law, since both houses of Parliament are in the hands of ultraconservative parties without a viable opposition party anymore. Why wasn’t this seen coming down the pike in the first place before it got to this stage? The warning signs were all there from last December’s election (before that, even, if you read PM Abe’s manifestoes about his “beautiful country”) about Japan’s rightward swing. This consolidation of information control has always been part and parcel of state control — no surprises, especially in Japan. So this public reaction of both naiatsu and gaiatsu is too little, too late. Get ready for the politicized criminalization of public disclosure.
Posted in Gaiatsu, Japanese Government, Japanese Politics, Media, Tangents, United Nations | 27 Comments »
Posted by Dr. ARUDOU, Debito on 8th October 2013
Good news from the Japanese judiciary. A lower court in Kyoto has finally ruled for the first time that a) hate speech exists in Japan, b) it is an illegal activity, subject to restriction, sanction, and penalty, and c) it is covered under international treaty (since Japan has no law against hate speech) such as the UN CERD.
That is a hat trick in terms of jurisprudence (on par with the Ana Bortz Case and the Otaru Onsens Case, although they were arguably more about issues of business and access to services than abstract concepts like freedom of speech).
Let’s hope a higher court does not overturn this. But I think the zealous bigots at Zaitokukai are realizing they’ve gone too far and set a spoiler precedent. About time — when their followers advocate murder and massacre of an ethnic minority, I think that’s when even timorous Japanese judges, who are sensitive to media attention, have to draw a line somewhere. Here’s where it was drawn. Articles from the Mainichi/Kyodo and Japan Times follow:
Mainichi: The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging a demonstration during which they directed hate speech at the ethnic Korean community in Japan, banning them from staging further demonstrations. It is the first court decision in connection with hate speech, which fans discrimination and hatred toward a certain race or minority, lawyers for the school said.
Posted in Good News, Hate Speech and Xenophobia, Human Rights, Lawsuits, United Nations, 日本語 | 22 Comments »
Posted by Dr. ARUDOU, Debito on 12th June 2013
JAPAN TIMES: Japan’s human rights envoy to the United Nations faced calls to quit Wednesday over a video that showed him shouting at fellow diplomats to “shut up.” YouTube footage of the incident at the [UN Committee Against Torture held 5/21-5/22] provoked a storm of criticism on the Internet, with demands that Ambassador Hideaki Ueda be recalled to Japan. Blogging Japanese lawyer Shinichiro Koike, who said he was at the session, explained that a representative from Mauritius had criticized Japan’s justice system for not allowing defense lawyers to be present during interrogations of criminal suspects…
JDG: It says so much about what is wrong with Japan, and the way Japan views both international relations and human rights (the human rights representative shouting at other diplomats?)… Of course, we must cut the guy some slack, after all, he is forced to try and uphold the tatemae that ‘Japan is a modern nation’ in a room full of people who clearly know the truth about Japan’s human rights record.
DEBITO: Well, I’m not going to cut this character any slack. Ueda is a very embedded elite. Here’s his resume at the MOFA. And he is living in the culture of constant denial of reality that Japan’s elites excel at (get this bit where he’s officially claiming in 2005 as Japan Ambassador to Australia that Japanese don’t eat whales). If I were listening to Ueda say these things on any occasion, I would laugh out loud too. The UN Committee Against Torture has commented previously (2007) on Japan’s criminal justice system, where treatment of suspects, quote, “could amount to torture”. Ueda is part of the fiction writers maintaining the GOJ’s constant lying to the UN about the state of human rights in Japan.
Consider his statement on February 24, 2010 to the ICERD regarding Japan’s progress in promoting measures against racial discrimination: Paragraph after paragraph about the Ainu (fine, but they are not the only minority in Japan covered by the ICERD), then citing a dead law proposal that failed to pass about ten years ago as some sort of progress, the absolutely useless MOJ Bureau of Human Rights, a proposal targeting a sliver of the international refugee community (who refused the hospitality anyway because they knew how unsupported it is once they get to Japan), and alleged cooperation with NGOs (which I know from personal experience is an outright lie — they are constantly ignored.) Meanwhile all sorts of things banned under the ICERD (including “Japanese Only” signs) also go completely ignored. It is, in the end, a joke.
So world, don’t shut up. Laugh aloud, laugh long. International awareness to the point of derision is the only thing that really shatters the veneer of politeness these officious elites keep taking advantage of in the diplomatic community.
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Human Rights, Ironies & Hypocrisies, Japanese Government, Media, United Nations | 18 Comments »
Posted by Dr. ARUDOU, Debito on 9th April 2013
I am pleased to announce the eBook release of my book “JAPANESE ONLY: The Otaru Hot Springs Case and Racial Discrimination in Japan” Tenth Anniversary Edition, available for immediate download for Amazon Kindle and Barnes & Noble NOOK.
The definitive book on one of Japan’s most important public debates and lawsuits on racial discrimination, this new edition has a new Introduction and Postscript that updates the reader on what has happened in the decade since JO’s first publication by Akashi Shoten Inc. A synopsis of the new book is below.
You can read a sample of the first fifteen or so pages (including the new Introduction), and download the ebook at either link:
Posted in Anti-discrimination templates/meetings, Articles & Publications, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Injustice, Ironies & Hypocrisies, Issho.org/Tony Laszlo, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Media, NJ legacies, NJ voices ignored, discounted & discredited, Otaru Onsen Lawsuit, Practical advice, United Nations, 日本語 | 9 Comments »
Posted by Dr. ARUDOU, Debito on 21st March 2013
Making national news whenever statistics come out is how Japan deals with (i.e., mostly rejects) refugees. I was always curious about why refugee numbers have always been considered newsworthy (when there are many other significant NJ-related statistics that merit more fanfare but don’t, such as the number of “Newcomers” with Permanent Residency overtaking the “Oldcomer” Zainichis with Special Permanent Residency in 2007, representing a sea change in the composition of permanent immigrant NJs in Japan). But then I found something in an academic writing that put things in perspective: Acceptance of refugees are one bellwether of Japan’s acceptance of international norms, as part of its “greater role in international cooperation” and an attempt “to increase its legitimacy as a competent, advanced Western democracy”. First the most recent news article, then the academic article to put it in perspective:
Kyodo: In 2011, there were 21 foreigners recognized as refugees, but for 2012, the number fell to 18. Since Japan began its refugee recognition system in 1982, there have been 14,299 people who applied and 616 who were recognized as refugees.
Kashiwazaki: Since the mid-1970s, Japan has come into prominence in the international arena as a major player in the world economy. Internationalization became a slogan for the new direction of the country, with demands from both within and abroad to open, to take a leadership role, and to assume international responsibility. For the Japanese government, successful economic development provided the opportunity to assume a greater role in international cooperation and to increase its legitimacy as a competent, advanced Western democracy. To do so would require accepting an emerging set of international legal norms, including those in the area of citizenship…
The end of the Vietnam War in 1975 generated refugees from Indochina. In the same year, the G7 Summit meeting was established. As the only Asian country admitted to membership in the G7 Summit, Japan was obliged to take some steps to accommodate refugees… With the acceptance of refugees, the Japanese government was compelled to join relevant international conventions. Japan acceded to the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social, and Cultural, Rights in 1979, and then ratified the Convention relating to the Status of Refugees in 1981.
COMMENT: Japan basically only acceded to these international norms and agreements as a vanity project — a matter of “not looking like an outlier” in the international community. Not because policymakers had any good-faith interest in helping NJ or outsiders in need come to Japan and settle. That’s why we see honne hiccoughs from time to time (like the one in 2010 when a 78-year-old Zainichi granny was denied social welfare by Oita Prefectural Government — where a court ruled that “Welfare payments to non-citizens would be a form of charity”. So much for those international treaties guaranteeing equal treatment being respected by Japan’s judiciary!). We’ve also seen how Japan simply will not pass a law against racial discrimination (despite signing another international agreement, the UN CERD, in 1995) — and will in fact counteract anyone who does. So in this context, Kyodo’s reporting that “since Japan began its refugee recognition system in 1982, there have been 14,299 people who applied and 616 who were recognized as refugees,” should come as no surprise. The GOJ has no intention of keeping its international treaty promises. They are merely national self-esteem boosters, not real guidelines or goals.
Posted in Exclusionism, Gaiatsu, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Problematic Foreign Treatment, United Nations | 8 Comments »
Posted by Dr. ARUDOU, Debito on 26th November 2012
The UN Human Rights Council has once again prodded Japan to do something to improve its record on human rights (and this time the GOJ, which must submit a report every two years, actually submitted something on time, not eight years overdue as a combined “Third, Fourth, Fifth, and Sixth Combined Report”). Here’s how the media reported on their interplay:
Kyodo: A panel under the U.N. Human Rights Council has endorsed some 170 recommendations for Japan to improve its human rights record, including Tokyo’s handling of the so-called comfort women issue, the euphemism for the Imperial army’s wartime sex slaves…
Other recommendations include the safeguarding of Japanese citizens’ right to lead a healthy life, in light of the enormous amount of radioactive fallout spewed over a vast area by the March 2011 meltdowns at the Fukushima No. 1 plant. The town of Futaba, which found itself in the center of the nuclear storm since it cohosts the wrecked plant, had actively campaigned for the inclusion of this right. The report also called on Japan to abolish the death penalty after more than 20 countries, including prominent EU member states, objected to its continued use of capital punishment.
COMMENT: As you can see in the HRC’s press brief enclosed in this blog entry, once again the GOJ is avoiding the topic of creating a legal framework to protect people against racial discrimination — claiming it’s already forbidden by the Japanese Constitution (but as we’ve stressed here umpteen times, no explicit law in the Civil or Criminal Code means no enforcement of the Constitution). But all the UN HRC seems to be able to do is frown a lot and continue the talk shop. Further, the UN still chooses the word “migrants” over “immigrants”, which makes NJ (and their J children) who need these rights look like they’re only temporary workers — the “blind spot” continues. Meanwhile, Fukushima and the death penalty seem to have sucked all the oxygen out of the debate arena regarding other human rights issues. In this blog entry is an excerpt of what Japan submitted to the HRC for consideration, and a media brief of the HRC’ s recommendations. It’s basically cosmetic changes, open to plenty of bureaucratic case-by-case “discretion”, and amounting to little promise of fundamental systemic or structural changes.
Posted in Anti-discrimination templates/meetings, Gaiatsu, Human Rights, Immigration & Assimilation, Japanese Government, United Nations | 3 Comments »
Posted by Dr. ARUDOU, Debito on 4th August 2012
When doing research on how Japan Times columnist Gregory Clark led the Apologist counterattack on criticism of Japan for institutionalized racism (as witnessed at the time by the Ana Bortz Case of 1998-9 and the Otaru Onsens Case of 1999-2005), I discovered that one of his most xenophobic columns, entitled “Problematic Global Standards” of November 1, 1999 (weeks after the Bortz verdict in Shizuoka District Court made clear that racism, none other, existed within these shores) has long been deleted from the Japan Times archive. I think after reading it you might understand why a publisher would be embarrassed for ever publishing it, but deletion is simply not on. I happen to have a hard copy of it in my archives, and upon rereading, it’s easy understand why a publisher would be embarrassed for ever publishing it. But deletion without retraction from a newspaper archive is simply not on. So let’s type it out in full now, so it becomes word-searchable by the search engines for posterity. Bigots, media fabricators, and profiteers like Clark deserve to be hoisted by their own petard.
Clark (1999): No doubt the judge involved saw the U.N. connection as the ultimate in global standards. Many in the media here were equally enthusiastic. Few seem to have considered the corollary, namely that from now on not just the jewelers but anyone in the merchandise business will have to embrace another “global standard” — the one that says they should regard all customers as potential criminals to be welcomed with guns, guards, overhead cameras, and squinty-eyed vigilance.
True, discrimination against foreigners can be unpleasant, and in Japan it includes refusals to rent property. But as often as not, that is because they do not want to obey Japan’s rules and customs. Refusal to respect the culture of a host nation is the worst form of antiforeign discrimination.
Posted in Bad Social Science, Exclusionism, Hate Speech and Xenophobia, Ironies & Hypocrisies, Lawsuits, Media, NJ legacies, Otaru Onsen Lawsuit, United Nations | 17 Comments »
Posted by Dr. ARUDOU, Debito on 11th February 2012
Speaking of incarceration of NJ under unreviewed circumstances (start here), here is what happens when the GOJ suddenly starts, as encouraged by the United Nations and even domestic think tanks such as JIPI, to actually REVIEW its own rules: They discover that not as many NJ need to be incarcerated. Quite a few of not as many. Very high percentages, even.
Well, how about that. Glad this happened, and got some press too. May it happen more often, so that the NPA and Immigration realize that there are some boundaries to their power of interrogation and incarceration, even if (and especially if) the incarcerated happen to be NJ (who are even, according to here as well as the article below, committing suicide rather than take any more of this inhumane treatment).
Mainichi/Kyodo: The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed… The Japanese government came under fire for its long-term detentions in 2007 by the United Nations, which recommended that detention periods should be limited…
Those who were held for at least one year totaled 47, down sharply from 115 at the end of 2009. The Justice Ministry said it has been actively releasing those who are subject to deportation but it sees no need for holding in custody since July 2010… The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed.
Posted in Fingerprinting, Targeting, Tracking NJ, Gaiatsu, Good News, Human Rights, Injustice, Japanese Government, Japanese police/Foreign crime, United Nations | 9 Comments »
Posted by Dr. ARUDOU, Debito on 10th January 2012
AI Report Introduction: Foreign nationals entering Japan may be at risk of ill-treatment by immigration authorities during interrogations at Special Examination Rooms and by private security guards in detention facilities located at Japanese ports of entry, including Narita Airport.
During the period after denial of entry into Japan and before they were issued ”orders to leave” or issued deportation orders, foreign nationals have allegedly been detained in detention facilities located within the airport premises known as Landing Prevention Facilities (LPFs) or at an ”Airport Rest House” outside the airport site. Amnesty International has found evidence of ill-treatment of detainees at LPFs. It forms part of a pattern of arbitrary denial of entry to foreign nationals and systematic detention of those denied entry – a process which falls short of international standards. Amnesty International has received reports of detained foreign nationals being forced to pay for their ”room and board” and for being guarded by private security agencies that operate the LPFs. Foreign nationals have allegedly been strip-searched, beaten or denied food by security guards at these facilities if they have been unwilling to pay. The LPFs have detention cells that have no windows and there have been reports of foreign nationals being detained in these cells for several weeks without sunlight(1)and not being allowed to exercise.
Asylum-seekers have also had their requests for asylum rejected with no or inadequate consideration of the serious risk to their lives they face on deportation. These asylum seekers have been denied access to a fair and satisfactory asylum procedure; they are frequently not allowed access to interpreters and lawyers. Furthermore, they are forced to sign documents in languages they do not understand and of the content of which they have not been adequately informed. These documents may include a document signed by the deportee waiving his or her rights to appeal against decisions made by the immigration officials such as denial of entry into Japan. Amnesty International believes that the lack of access to independent inspections and the secrecy that surround LPFs and other centres of detention in Japan make them fertile ground for human rights abuses. Detained foreign nationals in the LPFs or immigration detention centres are not informed adequately about their rights.In particular, they do not always have prompt access to a lawyer or advice in a language they understand. The Japanese government should recognize the rights of people in detention to information, legal counsel, access to the outside world and adequate medical treatment. Those who had sought to contact United Nations High Commissioner for Refugees (UNHCR) have had their request turned down. In many cases, detainees at LPFs have been refused medical treatment by staff of security companies and by immigration officials. Decisions and actions of immigration officials and staff of security companies reveal a widespread lack of awareness of international human rights standards.
COMMENT: Sadly, this AI report is now ten years old and underreported; I was alerted to this situation by a journalist who underwent this procedure (including the extortion) over the past year. It’s not merely a matter of turning somebody away at the border — it is in my view a matter of prison screws extracting a perverse satisfaction (as will happen, cf. Zimbardo experiment) by lording it over foreigners, because nobody will stop them. And that’s Narita. I wonder how the situation is at Japan’s other international ports of entry. Sickening.
Posted in Exclusionism, Fingerprinting, Targeting, Tracking NJ, Human Rights, Japanese Government, Japanese police/Foreign crime, United Nations | 6 Comments »
Posted by Dr. ARUDOU, Debito on 16th October 2011
Here we have Japan wanting a seat on the United Nations Human Rights Council, to help control the agenda and process of review (like any any applicant, especially the venal ones, which is why the HRC was revamped in 2006 after being occupied by some of the world’s most egregious human rights offenders). Applicant Japan promises to treat countries with mutual respect for their history and traditions (read: “I’m okay, you’re okay, so let’s just all get along and not worry about universal standards of human rights — especially as they would be applied to Japan”; there is a long history behind this attitude in the GOJ, see Peek, J. M. 1991. “Japan and the International Bill of Rights.” Journal of Northeast Asian Studies, Fall 1991 10(3): 3-16; and Peek, J. M. 1992, “Japan, The United Nations, and Human Rights.” Asian Survey 32(3): 217-229, read my writeup on Dr. Peek’s findings here).
Note that the GOJ promises to follow the UN’s recommendations for improving domestic human rights (see some of those most recent recommendations here, and decide for yourself how well the GOJ is doing, then read on here to see the plus ca change. Also note what’s missing in their promises: Anything about the Hague Convention on Child Abductions (what with all the abductions after divorce), and of course, anything about passing a law or taking any measures against racial discrimination (despite saying in 2008 that Japan was making “every conceivable measure to fight against racial discrimination“) But that’s tough, you see: We don’t have any other races in Japan that would fall under the UN Convention on Racial Discrimination’s protection, remember; that standpoint remains fundamentally unchanged closing in on 20 years after signing the CERD. Here’s the transcript of how the UN review of Japan’s human rights record went back in February 2010, and what the UN subsequently recommended Japan do back in March 2010 regarding the CERD. Read on to see how they are being studiously ignored in Japan’s pledges below, as usual.
Posted in Discussions, Human Rights, Ironies & Hypocrisies, Japanese Government, United Nations | 4 Comments »
Posted by Dr. ARUDOU, Debito on 30th May 2011
The government will seek to introduce a system to enable people who claim to be victims of human rights violations to file complaints with the United Nations and other international organizations based on global treaties, sources said Thursday.
Details will be worked out among officials from relevant government bodies, mainly the Justice Ministry and the Foreign Ministry, and the government intends to obtain Cabinet consent on the matter by the end of the year, the sources said.
The individual complaint system is based on international treaties governing the protection of human rights. Under the system, when perceived rights violations are not addressed after an individual has exhausted all possible means under a country’s legal system, the person can file a complaint with certain international organizations. The relevant organization then issues warnings or advisories to the nation if it recognizes the individual’s case as a human rights violation.
After an international organization gives its opinion or recommendation to a signatory nation of the relevant international treaty, the country is asked to investigate the cases based on the international organization’s views and report back to it…
The government is considering accepting the system via Cabinet consent on the following treaties: the
International Convention on the Elimination of All Forms of Racial Discrimination; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention for the Protection of All Persons from Enforced Disappearance.
Posted in Anti-discrimination templates/meetings, Gaiatsu, Good News, Human Rights, Japanese Government, United Nations | 4 Comments »
Posted by Dr. ARUDOU, Debito on 13th May 2011
Here’s some news dovetailing with Japan’s unwillingness to abide by international treaty.
Japan, one of the United Nations’ largest financial contributors, has been pushing hard for decades now for a seat on the U.N. Security Council (last time in 2006), effectively to have a place at the table and more powerful voting rights with fellow big, rich, powerful nations. The GOJ has even signed treaties and created domestic laws, according to scholar John M. Peek (see below), just to make it look better internationally, i.e., more like a modern, responsible nation in the international arena. However, after signing these treaties, Japan has been quite constant in its unwillingness to actually create domestic laws to enforce international agreements (cf. the CERD), or when laws are created, they have little to no enforcement power (cf. the Equal Employment Opportunity Law, which has done little after more than a quarter century to ameliorate the wide disparity in wages between men and women in Japan).
The fact is, the GOJ does this stuff for window dressing. Now once it accomplishes its goal of getting an UNSC Seat, it will have no further incentive to sign, abide by, or obey international treaties at all. We have stated this to the United Nations at every opportunity.
Which is why Britain’s sudden turnaround to support Japan’s bid is so eye-blinkingly blind. It seems we are milking our disasters (partially caused by our government’s malfeasance in the first place) to get an international sympathy vote now. How cynical and opportunistic.
Read on for an excerpt of a research paper I wrote citing Dr. Peek above, regarding the GOJ’s history of insincere negotiations vis-a-vis international human-rights agreements. I believe Japan will similarly ratify yet unfollow the Hague Convention on Child Abductions as well. And not even bother to ratify much else once it gets on the UNSC.
Posted in Child Abductions, Cultural Issue, Gaiatsu, Human Rights, Ironies & Hypocrisies, Japanese Government, United Nations | 5 Comments »
Posted by Dr. ARUDOU, Debito on 12th May 2011
In light of Chris Savoie’s U.S. court victory the other day, where his ex-wife was ruled guilty of inter alia false imprisonment of their kids in Japan, let’s look at the bigger picture — whether or not there will be official measures taken to stop this sort of thing happening again. One means is the Hague Convention on Child Abductions, to which Japan is not a signatory, and it shows.
Japan has once again made intimations (see JT article below) that it has plans to not only consider but even perhaps join the Convention, with a schedule of when it will perhaps join being announced this month.
This should be good news, but I’m not hopeful. Japan made similar intimations about joining this Convention more than three years ago (see Asahi article below that), so has clearly been less than keen. Moreover, during the domestic debates since then, lots of other intimations have been made that Japan will sign but will then create domestic laws and other loopholes so it doesn’t have to follow it.
This is within character. Japan has done precisely the same thing with other international agreements, including the UN Convention on the Elimination of Racial Discrimination (signed by Japan all the way back in 1995), which has similarly been exceptionalized to the point where we have no national law in the criminal code outlawing or forbidding racial discrimination and hate speech.
The point is, I’m not hopeful. And I’ll say it again: Nobody, Japanese or NJ, should get married to a Japanese and have children under the current system in Japan. Divorce in Japan generally means one parent loses the kids. And I believe that will continue regardless of Japan’s agreeing to the Hague.
Posted in Child Abductions, Gaiatsu, Human Rights, Japanese Government, United Nations | 13 Comments »
Posted by Dr. ARUDOU, Debito on 5th January 2011
Director’s Cut with excised text from published version and links to sources:
Top Five for 2010 (plus five honorable mentions):
5) RENHO BECOMES FIRST MULTIETHNIC CABINET MEMBER (June 8 )
4) P.M. KAN APOLOGIZES TO KOREA FOR 1910 ANNEXATION (August 10)
3) TOURIST VISAS EASED FOR CHINA (July 1)
2) NJ PR SUFFRAGE BILL GOES DOWN IN FLAMES (February 27)
1) THE DROP IN THE REGISTERED NJ POPULATION IN 2009
Top Five for 2000-2010 (plus five honorable mentions):
5) THE OTARU ONSENS CASE (1999-2005)
4) ISHIHARA’S SANGOKUJIN RANT (April 9, 2000)
3) THE SECOND KOIZUMI CABINET (2003-2005)
2) THE POLICE CRACKDOWNS ON NJ (1999- present)
1) THE DROP IN THE REGISTERED NJ POPULATION IN 2009
Posted in Articles & Publications, Bad Business Practices, Bad Social Science, Education, Exclusionism, Fingerprinting, Targeting, Tracking NJ, Hate Speech and Xenophobia, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Problematic Foreign Treatment, Shoe on the Other Foot Dept., Sport, Tourism, United Nations, Unsustainable Japanese Society | No Comments »
Posted by Dr. ARUDOU, Debito on 4th September 2010
Here is my FRANCA report last March delivered to UN Rapporteur Jorge Bustamante, rendered into Japanese (English original from here).
Posted in Anti-discrimination templates/meetings, Articles & Publications, Human Rights, United Nations, 日本語 | No Comments »
Posted by Dr. ARUDOU, Debito on 4th August 2010
Here we have a report from human rights group IMADR, along with a number of other NGOs, making their case to the UN CERD Committee again about discrimination in Japan. The UN then makes recommendations, and then the GOJ answers once again that those recommendations are unfeasible. It’s the same process that has been going on for decades, my recent research has shown. I’ll share that paper with you when it gets published. Meanwhile, enjoy the circus below.
Posted in Anti-discrimination templates/meetings, Human Rights, Japanese Government, United Nations | 4 Comments »
Posted by Dr. ARUDOU, Debito on 4th July 2010
For a Sunday Tangent, here is a hard-hitting article (thanks CNN) showing how activism against a corrupt but entrenched system gets treated: Detention and interrogation of activists, possible sentencing under criminal law, and international bodies turning a blind eye to their own mandate. Lucky for the author (and us) he is out on bail so he could write this. He wouldn’t be bailed if he were NJ. More on the IWC’s corruption in documentary The Cove — yet another reason why the bully boys who target people’s families (yet don’t get arrested for their “activism”) don’t want you to see it.
Sato opens with: After just two days of closed-door negotiations, the leaders who had gathered at the International Whaling Commission in Agadir, Morocco, announced no agreement was reached on the IWC chair’s proposal to improve whale conservation.
Greenpeace did not support the proposal, but we had hoped governments would change it to become an agreement to end whaling, not a recipe for continuing it.
It is particularly disappointing to me, because my professional commitment to end the whale hunt in my country of Japan — which led to the exposure of an embezzlement scandal at the heart of the whaling industry — has come at significant personal cost.
The investigation I conducted with my colleague, Toru Suzuki, led to our arrests in front of banks of media outlets who had been told about it in advance.
The homes of Greenpeace office and staff members were raided. Seventy-five police officers were deployed to handcuff two peaceful activists. We were held without charge for 23 days; questioned for up to 10 hours a day while tied to chairs and without a lawyer present. We are now out on bail awaiting verdict and sentencing, expected in early September.
If I can risk my future to bring the fraudulent Japanese hunt to an end, if whaling whistle-blowers are prepared to risk their lives to expose the corruption, how can it be that the IWC has yet again failed to take the political risk to pressure my government to end the scientific whaling sham?…
Posted in Bad Business Practices, Cultural Issue, Gaiatsu, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Tangents, United Nations | 18 Comments »
Posted by Dr. ARUDOU, Debito on 3rd July 2010
Here is NGO International Movement Against All Forms of Discrimination and Racism (IMADR), based in Tokyo, with their periodical in English on the issue. They inter alia are the group who keeps bringing over the UN for briefings (here and here), and have kept various committees appraised of GOJ progress (or mostly lack thereof), and answered GOJ benkai justifying inaction re human rights (example here). Their May 2010 edition talks about the UN’s May 14 visit to hear cases of discrimination in Japan. FYI.
Posted in Anti-discrimination templates/meetings, Exclusionism, Human Rights, Problematic Foreign Treatment, United Nations | 1 Comment »
Posted by Dr. ARUDOU, Debito on 18th June 2010
Another Debito.org Reader contributes two poignant articles: One is germane to the recent comments here about whether immigration offers economic benefits to societies (an article in The Guardian in 2007 citing a PriceWaterhouseCoopers study indicates that it has for the UK). Another is an evergreen letter to the editor (which went unpublished) about Japan’s historical record advocating anti-racism 90 years ago in the League of Nations.
Guardian: The flow of migrant workers into the UK has boosted economic growth and helped keep a lid on inflation without undermining the jobs of British-born workers, according to a study released [in February 2007]. The report by accountancy firm PricewaterhouseCoopers enters a vigorous debate about whether immigration has a positive impact on the UK economy. The public finances have also not suffered as a result of the influx of migrant workers, the study finds. Most migrants are aged between 18 and 34 years, with high employment rates compared with their UK equivalents, and therefore benefit payments are low. They also receive comparatively low wages despite their good education and skills levels. Younger workers have fewer dependants and so are unlikely to be an additional burden on public services, the report says.
League of Nations: Discussions for what should be included in the [League of Nations, the precursor to the United Nations] Covenant were not without controversy, notably the following proposal: “The equality of nations being a basic principle of the League of Nations, the High Contracting Parties agree to accord, as soon as possible, to all alien nationals of states members of the League, equal and just treatment in every respect, making no distinction, either in law or fact, on account of their race or nationality.”
Unsurprisingly, Great Britain and its Dominions of Canada, Australia, South Africa and New Zealand saw the proposal as a threat to “white” colonial power and swiftly engineered its rejection … Perhaps surprising, especially to letter writers whose advice to foreign residents with complaints about their lives here is to put up, shut up, or leave, is that the proposal was put forward by Japan’s Foreign Minister Nobuaki Makino.
Posted in History, Human Rights, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Tangents, United Nations | 4 Comments »
Posted by Dr. ARUDOU, Debito on 15th June 2010
Here’s another interesting article from Kansai Scene magazine this month, this time on the issue of refugees and Detention Centers (“Gaijin Tanks”) in Japan. Excerpt:
Joseph isn’t his real name. He’s afraid of what theconse- quences might be if Japanese Immigration finds out that that he is speaking with the press. There’s a chance he would be sent back to the Immigrant Detention Center. His appeal might be denied, which would lead todepor- tation. Deportation means arrest as soon as his plane hits African soil. ‘Arrest’ in his country usually means disappearing forever. He needs to stay in Japan, and to stay here he has to remain invisible. So, he stays invisible.
Historically, Japan has been far from welcoming to refugees. Since 1990, 344 people have been given refugee status. In 2009, only thirty asylum-seekers were accepted, out of 1,388 applicants; an acceptance rate of 2.2 percent. Despite signing the 1951 UN Conventions Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees in 1981 and 1982, respectively, the government essentially keeps the borders closed to the dispossessed, while donating enough money to the UNHCR (UN High Commission for Refugees) to justify their claim to be a humanitarian nation.
The issue, however, is not only the overwhelming denial of applications, but also the total lack of a safety net for those who do arrive on Japanese soil. It is difficult to obtain informa-tion at the airport, and some who try are sent to detention centers or are deported immediately for lack of proper documentation. Because of the language barrier, many new arrivals are unaware that a refugee application process exists at all. They simply overstay their visas until they are caught by immigration and arrested.
The detention centers are essentially prisons. Up to ten people share a room with one toilet. They are each given five blankets for a bed, and one or two hours of exercise a day. Those applying for refugee status are mixed with criminals awaiting deportation. Joseph spent almost a year in the Ibaraki detention center after being arrested for overstaying his visa. It was upon arriving at the center that he first learned of the potential to be declared a refugee, and began the application process. His application was refused within a month, and he started his appeal. In the meantime, he sat in his cell, keeping to himself. “The inmates are chaotic,” he told me. “[They are] from prison and awaiting deportation. They will do anything. They know they are going back.”…
Posted in Exclusionism, Human Rights, Immigration & Assimilation, Japanese Government, United Nations | 4 Comments »
Posted by Dr. ARUDOU, Debito on 7th April 2010
In light of all the above, the Japanese government’s stance towards the U.N. Convention on the Elimination of Racial Discrimination is easily summarized: The Ainu, Ryukyuans and burakumin are citizens, therefore they don’t fall under the CERD because they are protected by the Japanese Constitution. However, the zainichis and newcomers are not citizens, therefore they don’t get protection from the CERD either. Thus, our government effectively argues, the CERD does not cover anyone in Japan.
Well, what about me? Or our children? Are there really no ethnic minorities with Japanese citizenship in Japan?
In conclusion, I would like to thank the U.N. for investigating our cases. On March 16, the CERD Committee issued some very welcome recommendations in its review. However, may I point out that the U.N. still made a glaring oversight.
During the committee’s questioning of Japan last Feb. 24 and 25, very little mention was made of the CERD’s “unenforcement” in Japan’s judiciary and criminal code. Furthermore, almost no mention was made of “Japanese only” signs, the most indefensible violations of the CERD.
Both Japan and the U.N. have a blind spot in how they perceive Japan’s minorities. Newcomers are never couched as residents of or immigrants to Japan, but rather as “foreign migrants.” The unconscious assumption seems to be that 1) foreign migrants have a temporary status in Japan, and 2) Japan has few ethnically diverse Japanese citizens.
Time for an update. Look at me. I am a Japanese. The government put me through a very rigorous and arbitrary test for naturalization, and I passed it. People like me are part of Japan’s future. When the U.N. makes their recommendations, please have them reflect how Japan must face up to its multicultural society. Please recognize us newcomers as a permanent part of the debate.
The Japanese government will not. It says little positive about us, and allows very nasty things to be said by our politicians, policymakers and police. It’s about time we all recognized the good that newcomers are doing for our home, Japan. Please help us.
Posted in Articles & Publications, Speech materials, United Nations | 5 Comments »
Posted by Dr. ARUDOU, Debito on 31st March 2010
(Debito.org) TOKYO MARCH 31, 2010 — Dr Jorge A. Bustamante, United Nations Special Rapporteur for the Human Rights of Migrants, gave an hourlong press conference at United Nations Information Center, United Nations University, Japan.
Assisted by the International Organization for Migration and Japan’s civil society groups, Dr Bustamante concluded nine days, March 23 to March 30, of a fact-finding mission around Japan, making stops in Tokyo, Yokohama, Hamamatsu, and Toyoda City. He met with representatives of various groups, including Zainichi Koreans, Chinese, Brazilians, Filipinos, women immigrants and their children, “Newcomer” immigrant and migrant Non-Japanese, and veterans of Japan’s Immigration Detention Centers.
He also met with Japanese government representatives, including the ministries of Education, Foreign Affairs, and Justice. He also met with local government officials in Hamamatsu City (including the Hamamatsu “Hello Work “ Unemployment Agency), the mayor of Toyoda City, and others.
He debriefed the Japanese Government today before his press conference.
The press conference can be heard in its entirety, from Dr Bustamante’s entrance to his exit, on the DEBITO.ORG PODCAST MARCH 31, 2010, downloadable from this blog entry. Duration: One hour five minutes. Unedited. I ask a question around minute 40.
Posted in Anti-discrimination templates/meetings, Exclusionism, Human Rights, Immigration & Assimilation, Japanese Government, Labor issues, Media, Podcasts, United Nations | 3 Comments »
Posted by Dr. ARUDOU, Debito on 29th March 2010
The Japan Times reported UN Special Rapporteur Bustamante’s interim comments during his current-two-week fact-finding mission to Japan, particularly as pertains to the GOJ visa system that deports people even if it means splitting apart families (cf. the Calderon Noriko Case).
Dr Bustamante takes a very dim view of this:
“It’s going to be made public,” Bustamante told the gathering. “And this, of course, might result in an embarrassment for the government of Japan and therefore certain pressure (will be) put on the government of Japan.”
Posted in Anti-discrimination templates/meetings, Exclusionism, Gaiatsu, Immigration & Assimilation, Injustice, Japanese Government, United Nations | 3 Comments »
Posted by Dr. ARUDOU, Debito on 27th March 2010
What follows is a speech by Mr RYOM Munsong, read and presented to UN Special Rapporteur for the Human Rights of Migrants, Dr. Jorge Bustamante, just before I did on March 23 (my speech here). I have offered Debito.org as a space for Japan’s presenting NGOs to release their information to the general reading public. Read on.
Posted in Anti-discrimination templates/meetings, Education, Human Rights, Immigration & Assimilation, Japanese Government, Speech materials, United Nations | 12 Comments »
Posted by Dr. ARUDOU, Debito on 24th March 2010
As you know, as representative of NGO FRANCA I met with Special Rapporteur for the Human Rights of Migrants Dr Jorge A. Bustamante on March 23, 2010. Here’s a briefing:
Starting from 9AM at one of the Diet Lower House meeting rooms, I sat in as Amnesty International Japan and Solidarity with Migrants Japan made their cases about how NJ are being treated badly by the media, the government, and labor policy. Dr Bustamante asked a lot of questions and wanted statistics, particularly about the death rates for migrant workers (we were all surprised; he said that in other developed countries those statistics were available at the government level, something inconceivable to us). After 45 minutes, he went off to meetings with GOJ officials.
We were supposed to meet again for another 45 minutes from 1PM, but Dr Bustamante arrived more than twenty minutes late. (This is a typical GOJ trick so the NGOs get less time; if NGOs go overtime, they become the object of criticism, but if the GOJ goes overtime, nobody complains but the NGOs.) A representative from the Zainichi Koreans, an academic from Korea University (Kodaira, Tokyo) named Mr RYOM Munsong, kept his speech to 12 minutes, I kept mine to twelve as well (we had timers), and mixed our powerpoint with movie and speech.
As far as I went, I was able to squeeze in my full introduction and two of my five bullet issues, then had to skip to the end with the entreaty to not see NJ as “temporary migrant workers” but “immigrants” (read entire speech here). But I was very disappointed that we had virtually no time for Q&A (Dr Bustamante looked tired), and that all that preparation was cut short because we were keeping our promises with the scheduling and the GOJ was not.
Some photos from the proceedings:
Posted in Anti-discrimination templates/meetings, FRANCA, Human Rights, Japanese Government, United Nations | 18 Comments »
Posted by Dr. ARUDOU, Debito on 19th March 2010
Excerpt: I wish to focus on the situation of peoples of “foreign” origin and appearance, such as White and non-Asian peoples like me, and how we tend to be treated in Japanese society. Put simply, we are not officially registered or even counted sometimes as genuine residents. We are not treated as taxpayers, not protected as consumers, not seen as ethnicities even in the national census. We not even regarded as deserving of the same human rights as Japanese, according to government-sponsored opinion polls and human rights surveys (blue folder items I-1, I-6 and III-6). This view of “foreigner” as “only temporary in Japan” is a blind spot even the United Nations seems to share, but I’ll get that later.
Here is a blue 500-page information folder I will give you after my talk, with primary source materials, articles, reference papers, and testimonials from other people in Japan who would like their voice heard. It will substantiate what I will be saying in summary below.
[…] [I]t is we “Newcomers” who really need the protections of a Japanese law against racial discrimination, because we, the people who are seen because of our skin color as “foreigners” in Japan, are often singled out and targeted for our own special variety of discriminatory treatment.
Here are examples I will talk briefly about now:
1) Discrimination in housing and accommodation
2) Racial Profiling by Japanese Police, through policies officially depicting Non-Japanese as criminals, terrorists, and carriers of infectious disease
3) Refusal to be registered or counted as residents by the Japanese Government
4) “Japanese Only” exclusions in businesses open to the public
5) Objects of unfettered hate speech…
Posted in Anti-discrimination templates/meetings, Fingerprinting, Targeting, Tracking NJ, FRANCA, GAIJIN HANZAI mag, Hate Speech and Xenophobia, Human Rights, Immigration & Assimilation, Japanese Government, Japanese police/Foreign crime, Otaru Onsen Lawsuit, Speech materials, United Nations | 25 Comments »
Posted by Dr. ARUDOU, Debito on 18th March 2010
The United Nations Convention on the Elimination of Racial Discrimination (CERD) Committee just issued its latest recommendations to the GOJ on March 16, stating what Japan should be doing to abide by the treaty they effected nearly a decade and a half ago, in 1996.
Guess what: A lot of it is retread (as they admit) of what the CERD Commitee first recommended in 2001 (when Japan submitted its first report, years late), and Japan still hasn’t done.
To me, unsurprising, but it’s still nice to see the UN more than a little sarcastic towards the GOJ’s egregious and even somewhat obnoxious negligence towards international treaties. For example, when it set the deadline for the GOJ’s answer to these recommendations for January 14, 2013, it wrote:
UN: “Noting that the State party report was considerably overdue, the Committee requests the State party to be mindful of the deadline set for the submission of future reports in order to meet its obligations under the Convention.”
Again, some more juicy quotes, then the full report, with issues germane to Debito.org in boldface. Arudou Debito in Sapporo
7. The Committee notes with concern that insufficient information regarding the concrete measures for the implementation of its previous concluding observations (2001) was provided by the State Party and regrets their overall limited implementation as well as that of the Convention as a whole.
9. The Committee notes the State party’s view that a national anti-discrimination law is not necessary and is concerned about the consequent inability of individuals or groups to seek legal redress for discrimination (art. 2). [meaning under current Japanese law, FRANCA cannot sue the Sumo Association for its recent racist rules counting foreign-born sumo wrestlers as foreign even if they naturalize. Nor will Japan allow class-action lawsuits. The UN says this must change.] The Committee reiterates its recommendation from previous concluding observations (2001) and urges the State party to consider adopting specific legislation to outlaw direct and indirect racial discrimination…
13. […] The Committee reiterates its view that the prohibition of the dissemination of ideas based upon racial superiority or hatred is compatible with freedom of opinion and expression and in this respect, encourages the State party to examine the need to maintain its reservations to article 4 (a) and (b) of the Convention with a view to reducing their scope and preferably their withdrawal. The Committee recalls that the exercise of the right to freedom of expression carries with it special duties and responsibilities, in particular the obligation not to disseminate racist ideas and calls upon the State party once again to take into account the Committee’s general recommendations No. 7 (1985) and No. 15 (1993)…
14. […] the Committee reiterates its concern from previous concluding observations (2001) that discriminatory statements by public officials persist and regrets the absence of administrative or legal action…
22. (b) […] the principle of compulsory education is not fully applied to children of foreigners in the State party in conformity with articles 5 (e.v) of the Convention; 28 of the Convention on the Rights of the Child; and 13 (2) of the Convention on Economic, Social and Cultural Rights, all of which Japan is a party;
24. The Committee expresses its concern about cases of difficulty in relations between Japanese and non-Japanese and in particular, cases of race and nationality-based refusals of the right of access to places and services intended for use by the general public, such as restaurants, family public bathhouses, stores and hotels, in violation of article 5 (f) of the Convention (art. 2, 5).
The Committee recommends that the State party counter this generalized attitude through educational activities directed to the population as a whole and that it adopt a national law making illegal the refusal of entry to places open to the public.
29. The Committee encourages the State party to consider making the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.
Posted in Exclusionism, Good News, Human Rights, Ironies & Hypocrisies, Japanese Government, Practical advice, United Nations | 3 Comments »
Posted by Dr. ARUDOU, Debito on 15th March 2010
What follows is the Table of Contents for an information packet I will be presenting Special Rapporteur for the Human Rights of Migrants Jorge A. Bustamante, who will be visiting Japan and holding hearings on the state of discrimination in Japan. Presented on behalf of our NGO FRANCA (Sendai and Tokyo meetings on Sun Mar 21 and Sat Mar 27 respectively).
It’s a hefty packet of about 500 pages printed off or so, but I will keep a couple of pockets at the back for Debito.org Readers who would like to submit something about discrimination in Japan they think the UN should hear. It can be anonymous, but better would be people who provide contact details about themselves.
Last call for that. Two pages A4 front and back, max (play with the fonts and margins if you like). Please send to email@example.com by NOON JST Thursday March 18, so I can print it on my laser printer and slip it in the back.
Here’s what I’ll be giving as part of an information pack. I haven’t written my 20-minute presentation for March 23 yet, but thanks for all your feedback on that last week, everyone…
Posted in Anti-discrimination templates/meetings, Articles & Publications, Exclusionism, Fingerprinting, Targeting, Tracking NJ, FRANCA, G7/G8 Summits, GAIJIN HANZAI mag, Hate Speech and Xenophobia, Human Rights, Immigration & Assimilation, Injustice, Ironies & Hypocrisies, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Otaru Onsen Lawsuit, Speech materials, United Nations | 7 Comments »
Posted by Dr. ARUDOU, Debito on 11th March 2010
I just heard yesterday from NGOs concerned with human rights in Japan that I will be part of a group meeting with Mr Jorge Bustamante, Special Rapporteur on the human rights of migrants, on March 23 in Tokyo.
I will have twenty minutes to make a presentation regarding exclusions of NJ in Japan in violation of UN CERD treaty.
Is there anything you’d like me to say? I already have some ideas here (see Chapter 2). But I’m open to suggestions and feedback. If there is anything you would like me to present him, please send me at firstname.lastname@example.org. Please keep submissions concise, under 2 sides of A4 paper (meaning one sheet front and back) when formatted and printed.
To give you some idea of format, I’ve given presentations to UN Rapporteurs before, particularly Dr Doudou Diene back in 2005 and 2006. The archive on that here.
I will of course make the case that the GOJ is being intransigent and unreflective of reality when asserts, again and again, that Japan does not need a law against racial discrimination. And in violation of its international treaty promises.
The floor is open, everyone. Thanks very much for your assistance.
Arudou Debito, Chair, NGO Foreign Residents and Naturalized Citizens Association (FRANCA)
Posted in Anti-discrimination templates/meetings, Discussions, Exclusionism, FRANCA, Speech materials, United Nations | 34 Comments »
Posted by Dr. ARUDOU, Debito on 10th March 2010
What follows is the full text of the GOJ’s meeting Feb 24-25, 2010, with the United Nations Committee on the Elimination of Racial Discrimination, something it faces for review every two years.
Media-digested highlights of this meeting already up on Debito.org here.
Although it was noteworthy for having 14 Japanese delegates from five different ministries (something the UN delegates remarked upon repeatedly), quite frankly, the 2010 session wasn’t much different from the previous two reviews. In that: The CERD Committee tells the GOJ to do something, and the GOJ gives reasons why things can’t change (or offers cosmetic changes as evidence that things are changing; it even cites numerous times the new Hatoyama Government as evidence of change, and as a reason why we can’t say anything conclusive yet about where human rights improvements will happen). The 2008 review was particularly laughable, as it said that Japan was making “every conceivable measure to fight against racial discrimination”. I guess an actual law against racial discrimination isn’t a conceivable measure. As the GOJ delegates say below, it still isn’t. But it is according to the CERD Committee below.
In sum, the biannual to-and-fro has become Grand Kabuki. And while things got bogged down in the standard “minority” questions (Ainu, Ryukyuans, Burakumin, and Zainichis — all worthy causes in themselves, of course), very little time was spent on “Newcomer” minorities, as in, the NJ (or former-NJ) immigrants who are now here long-term. People like me, as in racially-diverse Japanese, aren’t seen as a minority yet, even though we very definitely are by any UN definition. Plus, hardly any time was devoted at all to discussing the “Japanese Only” signs extant throughout Japan for many UN sessions now, the most simple and glaring violation of the CERD yet.
I haven’t the time to critique the whole session text below, but you can look at the 2008 session here (which I did critique) and get much the same idea. I have put certain items of interest to Debito.org in boldface, and here are some pencil-dropping excerpted quotes:
Posted in Anti-discrimination templates/meetings, Cultural Issue, Discussions, Education, Exclusionism, Gaiatsu, Human Rights, Ironies & Hypocrisies, Japanese Government, Practical advice, United Nations | 9 Comments »
Posted by Dr. ARUDOU, Debito on 9th March 2010
Here’s a valuable document I unearthed when doing research yesterday. One of the major arguments put forth by nativists seeking to justify discrimination against minorities (or rather, against foreigners in any society) is the argument that foreigners, since they are not citizens, ipso facto don’t have the same rights as citizens, including domestic protections against discrimination. The GOJ has specifically argued this to the United Nations in the past, repeatedly (see for example GOJ 1999, page down to Introduction, section 3). However, the UN, in a clarification of the Convention on the Elimination of Racial Discrimination, has made it clear that non-citizens are supposed to be afforded the same protections under the CERD as citizens. To quote the most clear and concise bit:
II. Measures of a general nature
7. Ensure that legislative guarantees against racial discrimination apply to non-citizens regardless of their immigration status, and that the implementation of legislation does not have a discriminatory effect on non-citizens;
This was issued way back in 2004. I’m reading a transcript of the discussions between the GOJ and the CERD Committee review during their review Feb 24-25 2010 (in which it was referred, and even mentioned granting foreigners suffrage not beyond the pale of rights to be granted). I’ll have the full text of that up on Debito.org tomorrow with some highlighting. Meanwhile, enjoy this gem. Something else for the GOJ to ignore.
Posted in Anti-discrimination templates/meetings, Gaiatsu, Human Rights, Practical advice, United Nations | 9 Comments »
Posted by Dr. ARUDOU, Debito on 1st March 2010
Here we have some preliminary reports coming out of Geneva regarding the UN CERD Committee’s review of Japan’s human rights record vis-a-vis racial discrimination. We have the GOJ claiming no “rampant discrimination”, and stressing that we still need no law against RD for the same old reasons. This despite the rampant discrimination that NGOs are pointing out in independent reports. Read on.
Excerpts: (Kyodo)—Japan does not need laws to combat racial discrimination, a Japanese official said Thursday as Japan’s racism record was examined by the U.N. Committee on the Elimination of Racial Discrimination.
“Punitive legislation on racial discrimination may hamper legitimate discourse,” Mitsuko Shino of the Japanese Foreign Ministry told a session in Geneva. “And I don’t think the situation in Japan is one of rampant discrimination, so we will not be examining this now.”…
[UN official] Thornberry particularly criticized Japan’s lack of laws to combat hate speech, saying “in international law, freedom of expression is not unlimited.”
The convention commits states to fight racial discrimination by taking such steps as restricting racist speech and criminalizing membership in racist organizations. Japan has expressed reservations about some of the provisions, which it says go against its commitment to freedom of expression and assembly.
Prior to the review, Japanese nongovernmental organizations presented various examples they say highlight the need for legislative action to fight racism in their country.
“There seems to have been little progress since 2001,” when the last review was held, committee member Regis de Gouttes said. “There is no new legislation, even though in 2001 the committee said prohibiting hate speech is compatible with freedom of expression.”
UPDATES: Correspondence with the UN reveals that the CERD Committee is doing a lot more than Kyodo reports.
Posted in Anti-discrimination templates/meetings, Bad Social Science, Gaiatsu, Human Rights, Japanese Government, United Nations | 12 Comments »
Posted by Dr. ARUDOU, Debito on 22nd February 2010
The Government of Japan comes under review this month in Geneva by the United Nations Committee on the Elimination of Racial Discrimination. I was invited to submit a chapter for a report to the UN by the NGO Solidarity with Migrants Japan (SMJ) on how Japan is doing with enforcing it.
NGO Report Regarding the Rights of Non-Japanese Nationals, Minorities of Foreign Origins, and Refugees in Japan.
Prepared for the 76th United Nations Committee on the Elimination of Racial Discrimination Session February 2010
Compiled and published by: Solidarity Network with Migrants Japan (SMJ)
CHAPTER 2 Race and Nationality-based Entrance Refusals at Private and Quasi-Public Establishments By Debito Arudou. Page 7
As I conclude:
“In conclusion, the situation is that in Japan, racial discrimination remains unconstitutional and unlawful under the ICERD, yet not illegal. Japan has had more than a decade since 1996 to pass a criminal law against RD. Its failure to do so can only be interpreted as a clear violation of ICERD Article 2(1): “States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay [emphasis added] a policy of eliminating racial discrimination.” We urge the Committee to make the appropriate advisements to the Japanese government to pass a law against racial discrimination without any further delay.”
Enjoy. Let’s see how the UN and GOJ respond. Here’s how the GOJ responded in 2008 — read and guffaw at their claim that they have taken “every conceivable measure to fight against racial discrimination”.
Posted in Anti-discrimination templates/meetings, Articles & Publications, Exclusionism, Human Rights, Japanese Government, United Nations | 11 Comments »