Posted by Dr. ARUDOU, Debito on 30th November 2011
Here’s some ghoulish news. According to Yahoo News below in Japanese, there is a biopic in the works on Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, coming out next year based upon his book (which we lambasted here on Debito.org last January as publisher profiteering) about his 2 1/2 years on the lam as a fugitive from justice.
Now, movies about killers are nothing new (including ones with overtones of hero worship; consider NATURAL BORN KILLERS), and biopics about Japanese killers (the very good VENGEANCE IS MINE, starring a lean and mean Ogata Ken, I saw back in college) are also out there (even though VENGEANCE, although it tries to analyze the killer’s motivations and mother complex, did not spare the audience of the horrific detail of his murderous activity). Maybe this movie will do the same (even though many of the details of what Ichihashi did to Hawker’s corpse have not been made public). But the article below says that the contents will focus on his life as a fugitive and offer insights into Japan’s low life (such as the day laborer sector of Airin Chiku; cue sympathy for the killer’s hardships?). In any case, I for one see this as just more profiteering. It looks as though this story will be depicted through Ichihashi’s eyes, and there is apparently already quite an online hero cult out there for this creep that the studios would love to cash in upon.
Again, this sort of media event has happened before, but this is altogether too soon — still seems like moviemakers trying to make a fast yen (and an unknown actor trying to make a directorial debut; he talks briefly below about his “feeling of responsibility” towards the victims, but mostly about how the killer’s account fascinates him, so methinks that’s what the flick will focus upon) before Ichihashi fades from public memory. Ick.
Posted in Cultural Issue, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime, Media, 日本語 | 24 Comments »
Posted by Dr. ARUDOU, Debito on 27th November 2011
Related to Japan’s future signing of the Hague Convention on Child Abductions, here we have an official report about a public forum held on November 22, 2011 at the Ministry of Foreign Affairs (something I attended before and incidentally considered a very flawed and biased format). Present were academics, lawyers, the Ministries of Justice, Health and Welfare, Education, Internal Affairs, plus the Cabinet and the National Police Agency.
In the course of discussions about setting up a central agency to handle the enforcement of the Hague, 168 public comments were collected since the end of September and were brought up at this meeting. That report follows in full below, courtesy of TS. A few things I found noteworthy within it:
1) The term LBP (Left-Behind Parent) is now part of the Japanese lexicon.
2) In discussions about the right of both parents to have information about (if not access to) their children, the same old saws about DV (domestic violence, however unclearly defined, and in Japan that matters) came up, and the GOJ is as usual being called in to do something about it (apparently more than just mediate, which the GOJ gets all control-freaky and nanny-state about) — seesawing between the LBP’s right to know about their children and the custodian’s right to be safe from the violent boogeyman ex-spouse. This seesawing was also visible in an even more vague discussion about the GOJ holding onto passports of potential abductors and abductees, except under exceptional circumstances that were mentioned but left undeveloped.
3) The GOJ, regarding contact between LBP and child, plans to “support the respect of visitation rights”, but it also leaves measures vague and expresses caution about doing much of anything, really.
All told, this level of discussion was pretty low. I found little concrete here to sink one’s teeth into regarding advising toward future policies guaranteeing the lynchpins to this discussion: joint custody and guaranteed visitation that goes beyond an hour a two a month. Not to mention return of internationally abducted children to their habitual residence as per the Hague. Others are welcome to read the text below and squeeze out whatever interpretations I may have missed. But given how much duplicity has taken place regarding the rights of LBPs in Japan up until now, I sadly remain unhopeful.
Posted in Child Abductions, Japanese Government, 日本語 | 7 Comments »
Posted by Dr. ARUDOU, Debito on 23rd November 2011
As was reported on Debito.org last October 28 regarding the issue of Japan as safe haven for international child abductions, the US courts looked like they actually might start enforcing their arrest warrants against Japanese child abductors. In this case, against a Japanese woman named Inoue Emiko who reportedly whisked the kid off to Japan despite a US court awarding the father, Moises Garcia, custody. Then Inoue used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap). Then she presumptuously decided to have her cake and eat it too, coming back to Hawaii last April to renew her Green Card, whereupon the authorities honored the arrest warrant against her and sent her to stand trial in Wisconsin (leaving the kid in limbo with the grandparents in Japan).
Back in October I said that enough is enough, and that the American judiciary should throw the book at her. Well, guess what — they did, and it looks as though the mother will return the child to the custodial father. Bravo! Read on. Let that be a lesson to you, child abductors, and let that be an incentive for Japan to sign the Hague Convention.
Journal Sentinel: [Abducted child] Karina Garcia’s mother agreed in court Monday to have the girl home in Fox Point by Christmas. If she makes it, the 9-year-old would be the first of what advocates say are more than 300 children around the U.S. abducted to Japan in violation of American court orders to be returned through legal intervention. She also could become a poster child for how to solve a growing problem as international marriages increase in the global economy.
The girl’s father, Moises Garcia, was pleased but cautious in talking to reporters after the hearing, where his ex-wife, Emiko Inoue, pleaded no contest to the felony charge of interfering with child custody by other parent. She was found guilty, but a plea agreement could leave her with only a misdemeanor conviction if Karina returns and Inoue completes other conditions.
UPDATE DEC 25 2011: Convicted felon Inoue Emiko returns the child to the father and gets released from the clink. Bravo. And of course, the Japanese media still refuses to use her name in the domestic press. Or even call what she did a crime. Check out the wording below: “arrested on suspicion of taking her 9-year-old daughter to Japan in violation of the father’s parental rights, the father’s lawyer said”. Those pesky lawyers and their allegations; never mind the conviction and sentencing by a judge. She abducts the kid, tries to game the USG by coming back to renew her Green Card, and after all that still has visitation rights in America. All right for some, isn’t it? Try getting this fair a deal in Japan. But again, fairness is not a highly-prized cultural conceit for Team Japanners. Especially when you consider the bias in reporting. The Japanese article claims the daughter “wanted to live in Japan”, but once told of the situation, “went to America to save her mother” according to the very different headline. What a trooper! Especially after being put in this position by her irresponsible mother in the first place!
Posted in Child Abductions, Good News, Lawsuits, Media, 日本語 | 50 Comments »
Posted by Dr. ARUDOU, Debito on 22nd November 2011
JT: Several thousand Thai workers at Japanese firms operating in Thailand will be allowed to work in Japan, Chief Cabinet Secretary Osamu Fujimura said Friday, as companies shift their production in light of the impact of the massive floods in the Southeast Asian country…
Fujimura said the government is looking to accept thousands of Thai workers from about 30 firms for a fixed time frame of roughly six months. Among the conditions the government will impose on the firms is to make sure the Thai workers return to their home country…
COMMENT: File this yet again under Japan Inc. having its cake and eating it too. We wouldn’t want to have Japanese corporations losing out because of natural disaster overseas impeding our supply lines, now, would we? (And as a petty but definitely related tangent, where is the Japanese media when you need them to criticize the Japanese “fly-jin” fleeing the country instead of staying behind to help Thailand recover? They certainly did their bashing when NJ, and apparently only NJ, allegedly flew the coop post-Fukushima.) So we’ll temporarily export the workers to Japan, have them keep up with the conveyer belts for the apparent honor of being extant in our safe, clean, modern society (while no doubt working cheaper than native Japanese, as usual), then boot them back as soon as we can so they cause no disruptions to our safe, clean, modern society (like we did our Brazilian cousins back in 2009 when they outlived their usefulness; we get to keep their investments anyway and need show no gratitude). Good ole foreign workers. Under Japan’s visa regime, they’re just widgets in the Grand Scheme.
Posted in Bad Business Practices, Exclusionism, Immigration & Assimilation, Ironies & Hypocrisies, Japanese Government, Labor issues | 21 Comments »
Posted by Dr. ARUDOU, Debito on 18th November 2011
Yomiuri: The Fukuoka High Court ruled Tuesday that permanent residents in in Japan with foreign nationalities are eligible to receive public welfare assistance, overturning a lower court ruling. The high court accepted an appeal by a 79-year-old woman who is a permanent resident in Japan with Chinese nationality. She filed the lawsuit, claiming that the Oita city government illegally rejected her request for public welfare assistance.
Presiding Judge Hiroshi Koga said in the ruling, “Foreign citizens with permanent residency [in Japan] are legally guaranteed the same status as Japanese citizens who receive the same treatment.” The high court overturned the Oita District Court’s ruling and nullified the Oita city government’s decision not to grant the woman public welfare benefits. According to a lawyer for the plaintiff, it is the nation’s first court ruling to present a legal basis for foreign permanent residents in Japan to receive public welfare benefits.
COMMENT: Okay, that’s good news and a good precedent. Glad they took it away from the denizens of Oita, who as I noted back on Debito.org last November clearly started saying “Chotto…” to the petty bureaucrats, then backtracked within two weeks as the wagons encircled to rule against the alleged foreigner (I would like to hear more about her, i.e., if she is in fact a Zainichi or not — there is a difference between ippan eijuusha and tokubetsu eijuusha, after all, and that will be noted by any legal exceptionalists who want to stop further positive precedent building). But the fact that she’s born here, raised here, speaks Japanese as her native language, and is approaching eighty years of age, yet STILL was denied benefits by heartless bureaucrats, backed up by the judiciary, is more than a bit scary. If this gets appealed to the Supreme Court (after all, the GOJ is a sore loser in court), I hope the judges are in a good mood when they start deliberating. Maybe we should send them sweets.
Posted in Exclusionism, Good News, Human Rights, Japanese Government, Lawsuits, 日本語 | 10 Comments »
Posted by Dr. ARUDOU, Debito on 15th November 2011
Allow me to present a very rare and coveted award (this is only the fifth one in Debito.org’s history) that Debito.org only gives out to egregious racists and offenders of the sensibilities: To people who are basically beyond any sort of appeal to logic or reason regarding treating other humans as equal and dignified human beings. A Dejima Award. And once again (this is the third time) it goes to that ever-encouraged admixture of bastion nationalism and Team-Japan-ism: A Japanese sports league. One that blames Japan’s apparently poor showing in rugby on the foreigners (apparently even those “foreigners” who are naturalized Japanese citizens).
Japan Today: All Blacks legend John Kirwan, due to quit as Japan coach after the Brave Blossoms’ disappointment at the rugby World Cup, came under fire Saturday for his use of foreign-born players. The criticism came at a board meeting of the Japan Rugby Football Union (JRFU) which reviewed the World Cup in New Zealand, the union’s chairman Tatsuzo Yabe said…
“We talked about how our scrum went or how our breakdown went. We also talked about our mental side,” Yabe said. “Some argued that we had too many foreigners.” Kirwan picked a record 10 foreign-born players, half of whom have obtained Japanese nationality, for his World Cup squad. The previous highest was seven, also selected by Kirwan for the 2007 World Cup in France.
Posted in Bad Social Science, Dejima Awards, Ironies & Hypocrisies, Sport | 36 Comments »
Posted by Dr. ARUDOU, Debito on 9th November 2011
The Japan Times Community Page does it again! Legal scholar Colin P. A. Jones on the loopholes and contradictions within the Japanese postwar Constitution, how they came about, and what they mean in practice in terms of NJ (and Japanese) civil and human rights. This is one of the most enlightening pieces I’ve read all year, connecting a lot of dots and answering questions I’ve had building up for years. What are you waiting for? Read it! Several times. Until it sinks in.
JT: Of course, the real Pandora’s box of constitutional paradoxes involves the rights of non-Japanese […]. The first paradox is presented by Chapter 3 of the charter, which in Japanese is titled “Rights and Duties of the Japanese People.” The clear linkage of rights to citizenship is missing from the official English version; to read it properly, you need to understand that where it says “the people,” the Japanese term used is kokumin, which clearly refers to Japanese nationals. In some places the term used is “person,” which lacks any nuances of citizenship, but it still appears in a chapter whose title appears to limit all rights to citizens.
This subtle but important discrepancy is the result of what historian John Dower calls “language games” on the part of the Japanese government team when it rendered the Americans’ English draft into Japanese. This form of passive resistance, together with another modification that the Americans inexplicably accepted (the elimination of “nationality” as a prohibited category of discrimination under the equal protection provisions of Article 14), has resulted in a Constitution that seems schizophrenic insofar as it speaks of defining equality and “fundamental human rights” as being conditioned on nationality rather than being human…
So what rights do foreign residents have under the Constitution? Well, according to the Supreme Court, they are entitled to all the same rights as Japanese people, except for those which by their nature are only to be enjoyed by Japanese people. Does that help?
Posted in History, Human Rights, Ironies & Hypocrisies, Japanese Government, Problematic Foreign Treatment | 14 Comments »
Posted by Dr. ARUDOU, Debito on 7th November 2011
Speaking of odd Japanese police behavior towards NJ in criminal cases: We’ve talked about the Scott Kang and Matthew Lacey Cases here on Debito.org before. Fortunately, these cases have gathered traction thanks to caring family members, and tenacious reporters who don’t accept the NPA’s line that both of these deaths of NJ were mere accidents (while refusing to cooperate promptly and clearly on autopsy reports). I have argued before that Japanese justice operates on a different (and subordinate) track for NJ victims of Japanese crime (i.e., Japanese perps get off the hook, foreign perps get thrown the book). These articles in the Japan Times help to fortify that case (not to mention further illustrate how the USG’s missions abroad are woefully inadequate in providing service and protections to their own citizens).
JT: Nineteen-year-old Scott Kang was found lying unconscious in a pool of his own blood in the early hours of Aug. 26, 2010, in the sixth-floor stairwell of Collins Building 15, an eight-story high-rise of small hostess bars and clubs located near Shinjuku City Hall in Kabuki-cho. He remained in a coma for five days before dying of his injuries, his mother by his side, at the Kokuritsu Kokusai Iryo Kenkyu Center in Shinjuku…
The Kangs and their supporters strongly reject the police finding of accidental death and want to see the case re-opened. They are also deeply unhappy with the way the Japanese police carried out the investigation and their failure to inform the family when they closed the case [in February]… But according to Mr. Kang, he received no communication from the U.S. authorities about the investigation’s closure until early July when an officer from the U.S. State Department telephoned.
Kang says that the failure of the embassy to pass on such critical information in a timely fashion shows the embassy is not taking the case seriously. “I feel the U.S. Embassy acted as if Scott was not a U.S. citizen.”…
JT: Charles Lacey’s brother died mysteriously [in 2004] in Fukuoka and he’s still trying to learn the cause. He believes police bungled the investigation, wrongly concluded the death was due to an accident and are, like prosecutors, purposely withholding key information that could suggest foul play…
The English translation of the postmortem, which was prepared by Fukuoka police and not by the doctor who performed the exam, attributed the death to an “unknown external cause” and “it is suspected the subject was hit on the head.” To the family’s surprise, foul play was ruled out.
Posted in "Pinprick Protests", Bad Social Science, Gaiatsu, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime, Problematic Foreign Treatment | 21 Comments »
Posted by Dr. ARUDOU, Debito on 4th November 2011
Here we have more reported (thanks to assiduous folks at the Community Page at the Japan Times) on the Suraj Case, a mysteriously underinvestigated case we’ve mentioned here before of police brutality and death of an African during deportation. What gets me is that even some of the veto gates at the Japan Times, according to the editor of this article on his facebook entry, took issue with the use of the word “brutal” in the headline; given what finally came to light regarding the condition of Mr. Suraj’s corpse below, “brutal” is obviously appropriate. And it would not have come to light at all had not Mr. Suraj’s widow and these reporters not pursued this case with such tenacity. Keep it up, Japan Times. Who else in a milquetoast Japanese media that is generally unsympathetic to NJ issues would give a toss?
JT: Abubakar Awudu Suraj had been in Japan for over two decades when immigration authorities detained him in May 2009. The Ghanaian was told in Yokohama of his deportation to Ghana at 9:15 a.m. on March 22 last year. Six hours later he was dead, allegedly after being excessively restrained by guards…
The 45-year-old’s case has largely been ignored in the Japanese media and no politician has answered for his death. An investigation by Chiba prosecutors appears to have stalled. There has been no explanation or apology from the authorities…
An autopsy report seen in a court document notes abrasions to his face, internal bleeding of muscles on the neck, back, abdomen and upper arm, along with leakage of blood around the eyes, blood congestion in some organs, and dark red blood in the heart. Yet the report bizarrely concluded that the cause of death is “unknown.”
Any movement in the Suraj case is largely down to his wife, who wants to remain anonymous. She won a lawsuit against the Justice Ministry, which oversees immigration issues, demanding it disclose documents related to his death. The documents were finally released in May, more than a year after he died…
Posted in Fingerprinting, Targeting, Tracking NJ, Human Rights, Immigration & Assimilation, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime | 26 Comments »
Posted by Dr. ARUDOU, Debito on 2nd November 2011
JT JBC: There is an axiom in Japanese: uso mo hōben — “lying is also a means to an end.” It sums up the general attitude in Japan of tolerance of — even justification for — not telling the truth.
First — defining “telling the truth” as divulging the truth (not a lie), the whole truth (full disclosure) and nothing but the truth (uncompounded with lies) — consider how lies are deployed in everyday personal interactions.
Let’s start with good old tatemae (charitably translated as “pretense”). By basically saying something you think the listener wants to hear, tatemae is, essentially, lying. That becomes clearer when the term is contrasted with its antonym, honne, one’s “true feelings and intentions.”
Tatemae, however, goes beyond the “little white lie,” as it is often justified less by the fact you have avoided hurting your listener’s feelings, more by what you have gained from the nondisclosure.
But what if you disclose your true feelings? That’s often seen negatively, as baka shōjiki (“stupidly honest”): imprudent, naive, even immature. Skillful lying is thus commendable — it’s what adults in society learn to do.
Now extrapolate. What becomes of a society that sees lying as a justifiably institutionalized practice? Things break down. If everyone is expected to lie, who or what can you trust?…
Posted in Articles & Publications, Cultural Issue, History, Japanese Government, Media, Unsustainable Japanese Society | 77 Comments »
Posted by Dr. ARUDOU, Debito on 1st November 2011
Letter to the Editor: Ganbatte and gaman stifle debate, hinder recovery, Nuclear debate discouraged (excerpt)
Re: “Japan needs less ganbatte, more genuine action” by Debito Arudou (Just Be Cause, Oct. 4): I was wondering when such an article would show up in the newspapers. Thank you for finally commenting on some of the finer workings of how the triple disaster is being dealt with in Japan.
Like any event on this scale, the catastrophe has brought out the best and worst in Japanese culture. While one cannot help but admire the stoicism, calmness and composure in dealing with the events in March, the lack of discussion about the future of nuclear energy, food safety and lessons learnt is shocking.
For non-Japanese it is difficult to follow the social workings in Japan. Concepts such as ganbatte and gaman, which are raised by the author, play an important part in discouraging necessary debate. Also, the Japanese social convention of considering the expectations and feelings of others suppresses discussion….
Rest of the letters at: http://www.japantimes.co.jp/text/fl20111101hs.html
Posted in Articles & Publications, Cultural Issue, Discussions | 12 Comments »