2012 revisions to immigration and registry laws shaking down NJ for Pension & Health Insurance back payments

mytest

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Hi Blog. This entry is more of a query than a conclusive essay. I raise the question because we’re seeing the intended aftereffects of the 2012 revisions to the Immigration law (which allowed for NJ to be properly registered as residents on the Juuminhyou, but also centralized control of IC-Chipped Gaijin Cards in the national government) emerge. And allegedly more targeting of NJ in terms of social welfare schemes.

A friend of mine writes in (edited):

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

Don’t know if you’ve heard about the latest moves by the GOJ to milk foreign residents of their hard-earned cash. They are looking into NJ with the help of that new IC chip torokusho card and making people pay for the kokumin hoken health insurance AND nenkin pension they have never paid into.

I know several people who have been hit with this and it has drained their bank accounts.  They can’t even afford the plane ticket to go back home and see ailing parents. They said a lien would be put on their account/pay checks if they didn’t pay.

A teacher I know (in his 40s) has been here some 10 years and has NEVER paid into the health insurance scheme nor nenkin. He called up city hall inquring about this and they said yes indeed he is delinquent will have to pay up all those missed years! They asked his name and he said thank you and hung up the phone! 

Another friend of mine got zapped for back payments. Every month he was being charged fines/penalties for late payments. So even if he negotiated returning to a monthly fee he would still have to pay a huge amount in extra fees. So he paid it off lump-sum and has depleted all of his savings.

The health insurance is important as one needs that to ensure treatment here, but having NJ pay into the nenkin scheme if they feel they will not be here forever to pay into it is ridiculous.  Any advice on how to get around this? I’d love to hear what you think on the matter.

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

COMMENT: We talk about Japan’s social welfare systems in detail in HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS (and my eBook GUIDEBOOK FOR RELOCATION AND ASSIMILATION INTO JAPAN). Personally, I take the side of everyone paying in. I believe that everyone in a society should support the national umbrella insurance systems, because opting out by saying, for example, “I’m not sick now so I don’t need it; I’ll only sign up when I get sick,” is fair-weather freeloading, as if you’re expecting a return on an investment when you need it but you didn’t make the investment in the first place.  (National systems can’t remain solvent like that. These issues were developed and ironed out during the Obamacare debates.)   Also, saying that “I can’t see myself retiring in Japan so I shouldn’t have to pay into Japanese pension” is also bad logic, especially given Totalization Agreements Japan has arranged with a number of societies (also covered in HANDBOOK/GUIDEBOOK) for pensions to be started and completed in different countries.

That said, there are a couple of issues that affect NJ differently here.  One is that one of the reasons why some J have not paid in is because their employer (who is responsible to pay in half of their employees welfare benefits if they work 30 hours a week and up, i.e., full time) didn’t pay in their half.  This is often unbeknownst to the NJ employee and a tax dodge by the employer.  Yet the person who gets chased down for the back payments is the NJ employee.

Another issue that affects everyone is that Japan’s pension system basically requires 300 months (25 years) of work before you qualify for any pension (although I have heard that might be changing to 10 years’ minimum investment).  That’s the longest minimum pension investment for any industrialized society.  But since that affects everyone, that’s part of the price you pay to live in Japan.

The difference is that for the Japanese public you get a nicer attitude and less draconian enforcement.  Japanese just get official posters nicely cajoling them to pay into the social welfare schemes, but there is no real enforcement unless they want future pension payments (or to avoid public shame, as was seen in 2004 when Japanese politicians were caught not paying in).  But for NJ, now that all of their visa and registry issues have been consolidated behind Central Control, their very visa renewals are contingent upon paying into social welfare, and they’re being chased and shaken down for the money.  It’s a very different approach, and the newfound dragnet further encourages bureaucrats to scrutinize and treat NJ as potential social deadbeats.  It’s one more official way to treat NJ as “different”.

Anyone else out there being officially shaken down?  And for how much?  Arudou Debito

Discussion: Osaka Mayor Hashimoto and GOJ WWII Sexual Slavery System: A brave debate that is suddenly and disingenuously circumspect

mytest

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Hi Blog.  Posters on Debito.org have been champing at the bit to talk about Osaka Mayor Hashimoto’s controversial statements on the GOJ WWII sexual slavery program (which also involved NJ and colonial slaves, making this a Debito.org issue).  So let’s have at it as a Discussion in a separate blog entry.

Below are Hashimoto’s statements to foreign press shortly before he appeared at the FCCJ on May 27. While I am disinclined to comment on the historical specifics (as I haven’t studied the WWII Sexual Slavery aka Comfort Women Issue sufficiently to make informed statements), I will say this about what Hashimoto’s doing:  He’s bringing the issue to the fore for public scrutiny.

Bring this before public scrutiny in itself is a good thing.  Too many times we have had bigoted, racist, sexist, and plain ahistorical statements by Japan’s public officials downplayed by the media, resulting in predictable backpedaling and claiming that comments were “for a domestic audience only”.  This is typically followed by snap resignations without sufficient debate or correction (or, in recent years, people not resigning at all and just waiting for the next media cycle for things to blow over), undercarpet sweeping, and a renewed regional toxic aftertaste:  How Japan’s elite status in Asia under America’s hegemony allows it to remain historically unrepentant and a debate Galapagos in terms of historical accountability.  Japan’s media generally lacks the cojones to bring the xenophobic and bigoted to account for their statements (after all, Hashimoto to this day has not developed a filter for his role as public official; he still talks like the outspoken lawyer he was when appearing on Japanese TV as a pundit).  So having him show some unusual backbone before the foreign press is something more Japanese in positions of power should do.  Let’s have the debate warts and all, and let the historians debunk the ahistorical claims being made.  But the claims have to be made clearly in the first place before they can be debunked.

The bad thing going on here, in my view, is that Hashimoto is rationalizing and normalizing sexual slavery as a universal part of war — as if “blaming Japan” is wrong because everyone allegedly did it.  In his words, “It would be harmful, not only to Japan but also to the world, if Japan’s violation of the dignity of women by soldiers were reported and analyzed as an isolated and unique case, and if such reports came to be treated as common knowledge throughout the world.”  That is:  Japan did nothing all that wrong because it did nothing unusually wrong.

Hashimoto is also denying that the GOJ was “intentionally involved in the abduction and trafficking of women”.  And that is wrong both morally and factually.  It is also wrong because working backwards from a conclusion of relativism.  People (especially those of Hashimoto, Abe, and Ishihara’s political bent) have the tendency to not want to view their “beautiful country” “negatively” as the bad guy in the movie.  Therefore their countrymen’s behavior must have been within context as part of the “normal”, because to them it is inconceivable that people could possibly have acted differently in the same circumstances.

But not only is this a dishonest assessment of history (EVERY country, yes, has a history that has shameful periods; the trick is not to cover them up, as Hashimoto’s ilk seeks to do, down to Japan’s education curriculum), but it is also disingenuously circumspect:  For Hashimoto’s ilk, not only must Japan be seen ACCURATELY (as they see it), it must be seen NICELY.  That’s simply not possible for certain time periods in Japan’s history.

At least Hashimoto is willing to boldly present that side for people to shoot down.  Hopefully he will lose his political career because of it, for a man like this is unfit to hold political office.  But it is more “honest” than the alternative.

Hashimoto’s statements follow in English and Japanese, plus an AJW article on the FCCJ Q&A.  After that, let’s have some comments from Debito.org Readers.  But an advance word of warning:  Although this falls under Discussions (where I moderate comments less strictly), the sensitive and contentious nature of this subject warrants a few advance ground rules:  Comments will NOT be approved if a) they seek to justify sexual slavery or human trafficking in any form, b) they try to claim that Hashimoto was misquoted without comparing the misquote to his exact quote, or c) they claim historical inaccuracy without providing credible historical sources.  In sum, commenters who seek to justify Hashimoto’s ahistorical stances will have to do more homework to be heard on Debito.org.  Conversely, comments will more likely be approved if they a) stick to the accuracy or logic of Hashimoto’s statements, b) talk about the debate milieu within Japan regarding this topic, c) take up specific claims and address them with credible sources.  Go to it.  But make sure in the course of arguing that you don’t sound like Hashimoto and his ilk yourself.  Arudou Debito

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

Statement by Toru Hashimoto
Asahi Shimbun, Asia and Japan Watch, May 27, 2013, courtesy of JDG
http://ajw.asahi.com/article/behind_news/politics/AJ201305270012

Osaka Mayor Toru Hashimioto issues a statement ahead of his press conference at the Foreign Correspondents’ Club of Japan in Tokyo.

* * *

Ideals and values on which I stand:

Today, I want to start by talking about my basic ideals as a politician and my values as a human being.

Nothing is more regrettable than a series of media reports on my remarks with regard to the issue of so-called “comfort women.” These reports have created an image of me, both as a politician and as a human being, which is totally contrary to my real ideals and values. This has happened because only a portion of each of my remarks has been reported, cut off from the whole context.

I attach the utmost importance to the universal values of human rights, freedom, equality and democracy, whose universality human beings have come to accept in the twenty-first century. As a constitutionalist, I also believe that the essential purpose of a nation’s constitution is to bind government powers with the rule of law and to secure freedom and rights of the people. Without such legal limitations imposed by the constitution, the government powers could become arbitrary and harmful to the people.

My administrative actions, first as Governor of Osaka Prefecture and then as Mayor of Osaka City, have been based on these ideals and values. The views on political issues that I have expressed in my career so far, including my view of the Japanese constitution, testify to my commitment to the ideals and values. I am determined to continue to embody these ideals and values in my political actions and statements.

As my ideals and values clearly include respect for the dignity of women as an essential element of human rights, I find it extremely deplorable that news reports have continued to assume the contrary interpretation of my remarks and to depict me as holding women in contempt. Without doubt, I am committed to the dignity of women.

What I really meant by my remarks on so-called “comfort women”

I am totally in agreement that the use of “comfort women” by Japanese soldiers before and during the World War 2 was an inexcusable act that violated the dignity and human rights of the women in which large numbers of Korean and Japanese were included. I am totally aware that their great pain and deep hurt were beyond description.

I also strongly believe that Japan must reflect upon its past offenses with humility and express a heartfelt apology and regret to those women who suffered from the wartime atrocities as comfort women. Our nation must be determined to stop this kind of tragedy from occurring again.

I have never condoned the use of comfort women. I place the greatest importance on the dignity and human rights of women as an essential part of the universal values in today’s world. It is extremely regrettable that only the cut-off parts of my remarks have been reported worldwide and that these reports have resulted in misunderstood meanings of the remarks, which are utterly contrary to what I actually intended.

We must express our deep remorse at the violation of the human rights of these women by the Japanese soldiers in the past, and make our apology to the women. What I intended to convey in my remarks was that a not-insignificant number of other nations should also sincerely face the fact that their soldiers violated the human rights of women. It is not a fair attitude to blame only Japan, as if the violation of human rights of women by soldiers were a problem unique to the Japanese soldiers. This kind of attitude shelves the past offenses that are the very things we must face worldwide if we are truly to aim for a better world where the human rights of women are fully respected. Sexual violation in wartime was not an issue unique to the former Japanese army. The issue existed in the armed forces of the U.S.A., the UK, France, Germany and the former Soviet Union among others during World War 2. It also existed in the armed forces of the Republic of Korea during the Korean War and the Vietnam War.

Against this historical background, I stated that “the armed forces of nations in the world” seemed to have needed women “during the past wars”. Then it was wrongly reported that I myself thought it as necessary for armed forces to use women and that “I” tolerated it.

It is a hard historical fact that soldiers of some nations of the world have used women for sexual purposes in wars. From the viewpoint of respecting the human rights of women, it does not make much difference whether the suffering women are licensed or unlicensed prostitutes and whether or not the armed forces are organizationally involved in the violation of the dignity of the women. The use of women for sexual purposes itself is a violation of their dignity. It also goes without saying that rape of local citizens by soldiers in occupied territories and hot spots of military conflict are intolerable atrocities.

Please do not misunderstand, and think that I intend to relativize or justify the issue of comfort women for former Japanese soldiers. Such justification has never been my intention. Whatever soldiers of other nations did will not affect the fact that the violation of the dignity of women by the former Japanese soldiers was intolerable.

What I really meant in my remarks was that it would be harmful, not only to Japan but also to the world, if Japan’s violation of the dignity of women by soldiers were reported and analyzed as an isolated and unique case, and if such reports came to be treated as common knowledge throughout the world. It would suppress the truth that the violation of the dignity of women by soldiers not only existed in the past but also has yet to be eradicated in today’s world. Based on the premise that Japan must remorsefully face its past offenses and must never justify the offenses, I intended to argue that other nations in the world must not attempt to conclude the matter by blaming only Japan and by associating Japan alone with the simple phrase of “sex slaves” or “sex slavery.”

If only Japan is blamed, because of the widely held view that the state authority of Japan was intentionally involved in the abduction and trafficking of women, I will have to inform you that this view is incorrect.

While expecting sensible nations to voice the issue of the violation of the dignity of women by soldiers, I believe that there is no reason for inhibiting Japanese people from doing the same. Because the Japanese people are in a position to face the deplorable past of the use of comfort women by the former Japanese soldiers, to express deep remorse and to state their apology, they are obliged to combat the existing issue of the violation of the dignity of women by soldiers, and to do so in partnership with all the nations which also have their past and/or present offenses.

Today, in the twenty-first century, the dignity and human rights of women have been established as a sacred part of the universal values that nations in the world share. It is one of the greatest achievements of progress made by human beings. In the real world, however, the violation of the dignity of women by soldiers has yet to be eradicated. I hope to aim for a future world where the human rights of women will be more respected. Nevertheless, we must face the past and present in order to talk about the future. Japan and other nations in the world must face the violation of the human rights of women by their soldiers. All the nations and peoples in the world should cooperate with one another, be determined to prevent themselves from committing similar offenses again, and engage themselves in protecting the dignity of women at risk in the world’s hot spots of military conflict and in building that future world where the human rights of women are respected.

Japan must face, and thoroughly reflect upon, its past offenses. Any justification of the offenses will not be tolerated. Based on this foundation, I expect other nations in the world to face the issue of the sexual violations in the past wars as their own issue. In April this year, the G8 Foreign Ministers in London agreed upon the “Declaration on Preventing Sexual Violence in Conflict.” Based on this accomplishment, I expect that the G8 Summit to be held in this June in Lough Erne, Northern Ireland, the UK, will become an important occasion where the leaders of G8 will examine how soldiers from nations in the world, including the former Japanese soldiers, have used women for sexual purposes, face and reflect upon the past offenses with humility, solve today’s problems in partnership with one another, and aim for the ideal future.

With regard to my remark in the discussion with the U.S. commander in Okinawa

There was a news report that, while visiting a U.S. military base in Okinawa, I recommended to the U.S. commander there that he make use of the adult entertainment industry to prevent U.S. soldiers from committing sexual crimes. That was not what I meant. My real intention was to prevent a mere handful of U.S. soldiers from committing crimes and strengthen the Japan-U.S. Alliance and the relations of trust between the two nations. In attempting to act on my strong commitment to solving the problem in Okinawa stemming from crimes committed by a minority of U.S. soldiers, I made an inappropriate remark. I will elaborate my real intention as follows.

For the national security of Japan, the Japan-U.S. Alliance is the most important asset, and I am truly grateful to contributions made by the United States Forces Japan.

However, in Okinawa, where many U.S. military bases are located, a small number of U.S. soldiers have repeatedly committed serious crimes, including sexual crimes, against Japanese women and children. Every time a crime has occurred, the U.S. Forces have advocated maintaining and tightening official discipline and have promised to the Japanese people that they would take measures to stop such crimes from occurring again. Nevertheless, these crimes have not stopped. The same pattern has been repeating itself.

I emphasize the importance of the Japan-U.S. Alliance and greatly appreciate the U.S. Forces’ contribution to Japan. Nonetheless, the anger of the Okinawan people, whose human rights have continued to be violated, has reached its boiling point. I have a strong wish to request that the U.S.A. face the present situation of Okinawa’s suffering from crimes committed by U.S. soldiers, and take necessary measures to alleviate the problem.

It is a big issue that incidents of sexual violence have frequently happened without effective control within the U.S. military forces worldwide. It has been reported that President Obama has shown a good deal of concern over the forces’ frequent reports of military misconduct and has instructed the commanders to thoroughly tighten their official discipline, as measures taken so far have had no immediate effect.

With all the above-mentioned situations, I felt a strong sense of crisis and said to the U.S. commander that the use of “the legally accepted adult entertainment industry in Japan” should be considered as one of all the possible measures. Even if there is no measure with an immediate effect, the current state of Okinawa should not be neglected. From my strong sense of crisis, I strongly hope that the U.S. army will use all possible measures to bring a heartless minority of soldiers under control. When expressing this strong hope, I used the phrase “the legally accepted adult entertainment industry in Japan.” When this phrase was translated into English, it led to the false report that I recommended prostitution–which is illegal under Japanese law. Furthermore, my remark was misunderstood to mean that something legally acceptable is also morally acceptable. Although the adult entertainment industry is legally accepted, it can insult the dignity of women. In that case, of course, some measures should be taken to prevent such insults.

However, I understand that my remark could be construed as an insult to the U.S. Forces and to the American people, and therefore was inappropriate. I retract this remark and express an apology. In conclusion, I retract my inappropriate remarks to the U.S. Army and the American people and sincerely apologize to them. I wish that my apologies to them will be accepted and that Japan and the United States of America continue to consolidate their relationship of alliance in full trust.

My real intention was to further enhance the security relationship between Japan and the United States, which most U.S. soldiers’ sincere hard work has consolidated, and to humbly and respectfully ask the U.S. Forces to prevent crimes committed by a mere handful of U.S. soldiers. My strong sense of crisis led to the use of this inappropriate expression.

In the area of human rights, the U.S.A. is one of the most conscientious nations. Human rights are among those values accepted throughout the world as universal. In order for human rights of the Okinawan people to be respected in the same way as those of American people are respected, I sincerely hope that the U.S. Forces will start taking effective measures in earnest to stop crimes in Okinawa from continuing.

About the Japan-Korea Relationship

The Japan-Korea relationship has recently gone through some difficult times. Underlying the difficulty are the issue of comfort women and the territorial dispute over the Takeshima Islands. Ideally, Japan and South Korea should be important partners in East Asia, as they share the same values of freedom, democracy, human rights, and the rule of law. I believe that a closer relationship based on greater trust between Japan and South Korea would contribute to the stability and prosperity of not only East Asia but also the world.

One of the points of tension is that concerning wartime comfort women. Some former comfort women in Korea are currently demanding state compensation from the Japanese government.

However, the Treaty on Basic Relations between Japan and the Republic of Korea and the Agreement on the Settlement of Problems Concerning Property and Claims and on Economic Co-operation between Japan and the Republic of Korea, both signed in 1965, have officially and decisively resolved any issues of claims arising from the war, including the right of individual persons to claim compensation. Japan has also performed its moral responsibility with the establishment of the Asian Women’s Fund, and it paid atonement money to former comfort women even after the resolution of the legal contention with the treaties.

The international community has welcomed the Asian Women’s Fund. A report to the Human Rights Committee of the United Nations welcomed Japan’s moral responsibility project of the Asian Women’s Fund. Mary Robinson, the second United Nations High Commissioner for Human Rights, gave the Fund a favorable evaluation. Unfortunately, however, some former comfort women have refused to accept the atonement money from the Asian Women’s Fund.

Japan has given significant importance to the Treaty on Basic Relations and the Agreement on the Settlement, both of which made final resolution of any legal contention in 1965, and Japan also sincerely faces, reflects on, and apologizes for its own wartime wrongdoings with feelings of deep remorse.

The whole situation poses a rending dilemma for us: how to make such a compensation that former comfort women would accept as our sincere remorse and apology, while also maintaining the integrity of the legal bilateral agreements between Japan and Korea.

The Korean government has recently claimed that interpretive disputes over the individual right of compensation for former comfort women in the Agreement on the Settlement still remain. I hope that the Republic of Korea, as a state governed by the rule of law, recognizes the legal importance of the above-mentioned agreements. If the Republic of Korea still believes that there exist interpretive contentions in the agreements, I think that only the International Court of Justice can resolve them.

One can hope that the same legal/rule-of-law stance is also observed in the resolution of the territorial dispute over the Takeshima Islands.

I firmly believe that neither hatred nor anger can resolve the problems between Japan and Korea. I firmly believe in the importance of legal solution at the International Court of Justice, which arena would allow both sides to maintain rational and legal argument while both maintain both respect for each other and deep sympathy to former comfort women.

I wish to express sincerely my willingness to devote myself to the true improvement of the Japan-Korea relationship through the rule of law.

================================
Japanese version:
橋下徹氏:「私の認識と見解」 日本語版全文
毎日新聞 2013年05月26日
http://mainichi.jp/select/news/20130526mog00m010012000c.html

2013年5月27日

橋下徹

■私の拠(よ)って立つ理念と価値観について

まず、私の政治家としての基本的な理念、そして一人の人間としての価値観について、お話ししたいと思います。

いわゆる「慰安婦」問題に関する私の発言をめぐってなされた一連の報道において、発言の一部が文脈から切り離され、断片のみが伝えられることによって、本来の私の理念や価値観とは正反対の人物像・政治家像が流布してしまっていることが、この上なく残念です。

私は、21世紀の人類が到達した普遍的価値、すなわち、基本的人権、自由と平等、民主主義の理念を最も重視しています。また、憲法の本質は、恣意(しい)に流れがちな国家権力を拘束する法の支配によって、国民の自由と権利を保障することに眼目があると考えており、極めてオーソドックスな立憲主義の立場を採(と)る者です。

大阪府知事及び大阪市長としての行政の実績は、こうした理念と価値観に支えられています。また、私の政治活動に伴って憲法をはじめとする様々(さまざま)なイシューについて公にしてきた私の見解を確認いただければ、今私の申し上げていることを裏付けるものであることをご理解いただけると信じております。今後も、政治家としての行動と発言を通じて、以上のような理念と価値観を体現し続けていくつもりです。

こうした私の思想信条において、女性の尊厳は、基本的人権において欠くべからざる要素であり、これについて私の本意とは正反対の受け止め方、すなわち女性蔑視である等の報道が続いたことは、痛恨の極みであります。私は、疑問の余地なく、女性の尊厳を大切にしています。

■いわゆる「慰安婦」問題に関する発言について

以上の私の理念に照らせば、第二次世界大戦前から大戦中にかけて、日本兵が「慰安婦」を利用したことは、女性の尊厳と人権を蹂躙(じゅうりん)する、決して許されないものであることはいうまでもありません。かつての日本兵が利用した慰安婦には、韓国・朝鮮の方々のみならず、多くの日本人も含まれていました。慰安婦の方々が被った苦痛、そして深く傷つけられた慰安婦の方々のお気持ちは、筆舌につくしがたいものであることを私は認識しております。

日本は過去の過ちを真摯(しんし)に反省し、慰安婦の方々には誠実な謝罪とお詫(わ)びを行うとともに、未来においてこのような悲劇を二度と繰り返さない決意をしなければなりません。

私は、女性の尊厳と人権を今日の世界の普遍的価値の一つとして重視しており、慰安婦の利用を容認したことはこれまで一度もありません。私の発言の一部が切り取られ、私の真意と正反対の意味を持った発言とする報道が世界中を駆け巡ったことは、極めて遺憾です。以下に、私の真意を改めて説明いたします。

かつて日本兵が女性の人権を蹂躙したことについては痛切に反省し、慰安婦の方々には謝罪しなければなりません。同様に、日本以外の少なからぬ国々の兵士も女性の人権を蹂躙した事実について、各国もまた真摯に向き合わなければならないと訴えたかったのです。あたかも日本だけに特有の問題であったかのように日本だけを非難し、日本以外の国々の兵士による女性の尊厳の蹂躙について口を閉ざすのはフェアな態度ではありませんし、女性の人権を尊重する世界をめざすために世界が直視しなければならない過去の過ちを葬り去ることになります。戦場の性の問題は、旧日本軍だけが抱えた問題ではありません。第二次世界大戦中のアメリカ軍、イギリス軍、フランス軍、ドイツ軍、旧ソ連軍その他の軍においても、そして朝鮮戦争やベトナム戦争における韓国軍においても、この問題は存在しました。

このような歴史的文脈において、「戦時においては」「世界各国の軍が」女性を必要としていたのではないかと発言したところ、「私自身が」必要と考える、「私が」容認していると誤報されてしまいました。

戦場において、世界各国の兵士が女性を性の対象として利用してきたことは厳然たる歴史的事実です。女性の人権を尊重する視点では公娼(こうしょう)、私娼(ししょう)、軍の関与の有無は関係ありません。性の対象として女性を利用する行為そのものが女性の尊厳を蹂躙する行為です。また、占領地や紛争地域における兵士による市民に対する強姦(ごうかん)が許されざる蛮行であることは言うまでもありません。

誤解しないで頂きたいのは、旧日本兵の慰安婦問題を相対化しようとか、ましてや正当化しようという意図は毛頭ありません。他国の兵士がどうであろうとも、旧日本兵による女性の尊厳の蹂躙が決して許されるものではないことに変わりありません。

私の発言の真意は、兵士による女性の尊厳の蹂躙の問題が旧日本軍のみに特有の問題であったかのように世界で報じられ、それが世界の常識と化すことによって、過去の歴史のみならず今日においても根絶されていない兵士による女性の尊厳の蹂躙の問題の真実に光が当たらないことは、日本のみならず世界にとってプラスにならない、という一点であります。私が言いたかったことは、日本は自らの過去の過ちを直視し、決して正当化してはならないことを大前提としつつ、世界各国もsex slaves、sex slaveryというレッテルを貼って日本だけを非難することで終わってはならないということです。

もし、日本だけが非難される理由が、戦時中、国家の意思として女性を拉致した、国家の意思として女性を売買したということにあるのであれば、それは事実と異なります。

過去、そして現在の兵士による女性の尊厳の蹂躙について、良識ある諸国民の中から声が挙がることを期待するものでありますが、日本人が声を挙げてはいけない理由はないと思います。日本人は、旧日本兵が慰安婦を利用したことを直視し、真摯に反省、謝罪すべき立場にあるがゆえに、今日も根絶されていない兵士による女性の尊厳の蹂躙の問題に立ち向かう責務があり、同じ問題を抱える諸国民と共により良い未来に向かわなければなりません。

21世紀の今日、女性の尊厳と人権は、世界各国が共有する普遍的価値の一つとして、確固たる位置を得るに至っています。これは、人類が達成した大きな進歩であります。しかし、現実の世界において、兵士による女性の尊厳の蹂躙が根絶されたわけではありません。私は、未来に向けて、女性の人権を尊重する世界をめざしていきたい。しかし、未来を語るには、過去そして現在を直視しなければなりません。日本を含む世界各国は、過去の戦地において自国兵士が行った女性に対する人権蹂躙行為を直視し、世界の諸国と諸国民が共に手を携え、二度と同じ過ちを繰り返さぬよう決意するとともに、今日の世界各地の紛争地域において危機に瀕(ひん)する女性の尊厳を守るために取り組み、未来に向けて女性の人権が尊重される世界を作っていくべきだと考えます。

日本は過去の過ちを直視し、徹底して反省しなければなりません。正当化は許されません。それを大前提とした上で、世界各国も、戦場の性の問題について、自らの問題として過去を直視してもらいたいのです。本年4月にはロンドンにおいてG8外相会合が「紛争下の性的暴力防止に関する閣僚宣言」に合意しました。この成果を基盤として、6月に英国北アイルランドのロック・アーンで開催予定のG8サミットが、旧日本兵を含む世界各国の兵士が性の対象として女性をどのように利用していたのかを検証し、過去の過ちを直視し反省するとともに、理想の未来をめざして、今日の問題解決に協働して取り組む場となることを期待します。

■在日アメリカ軍司令官に対する発言について

また、沖縄にある在日アメリカ軍基地を訪問した際、司令官に対し、在日アメリカ軍兵士の性犯罪を抑止するために風俗営業の利用を進言したという報道もありました。これは私の真意ではありません。私の真意は、一部の在日アメリカ軍兵士による犯罪を抑止し、より強固な日米同盟と日米の信頼関係を築くことです。一部の在日アメリカ軍兵士による犯罪被害に苦しむ沖縄の問題を解決したいとの思いが強すぎて、誤解を招く不適切な発言をしてしまいましたが、私の真意を、以下に説明いたします。

日本の安全保障にとって、米国との同盟関係は最も重要な基盤であり、在日アメリカ軍の多大な貢献には、本当に感謝しています。

しかしながら、多くの在日アメリカ軍基地がある沖縄では、一部の心無いアメリカ軍兵士によって、日本人の女性や子どもに対する性犯罪など重大な犯罪が繰り返されています。こうした事件が起きる度に、在日アメリカ軍では、規律の保持と綱紀粛正が叫ばれ、再発防止策をとることを日本国民に誓いますが、在日アメリカ軍兵士による犯罪は絶えることがありません。同じことの繰り返しです。

私は、日本の外交において日米同盟を重視し、在日アメリカ軍の日本への貢献を大いに評価しています。しかし、人権を蹂躙され続ける沖縄県民の怒りは沸点に達しているのです。在日アメリカ軍兵士による犯罪被害に苦しむ沖縄の現状をアメリカに訴え、何としてでも改善してもらいたい、という強い思いを持っております。

アメリカ軍内部において性暴力が多発し、その統制がとれていないことが最近、アメリカで話題となっています。オバマ大統領もアメリカ軍の自己統制の弱さに相当な危機感を抱き、すぐに効果の出る策はないとしつつ、アメリカ軍に綱紀粛正を徹底するよう指示したとの報道がありました。

このような状況において、私は強い危機感から、在日アメリカ軍司令官に対して、あらゆる対応策の一つとして、「日本で法律上認められている風俗営業」を利用するということも考えるべきではないかと発言しました。すぐに効果の出る策はないとしても、それでも沖縄の現状を放置するわけにはいきません。私の強い危機感から、ありとあらゆる手段を使ってでも、一部の心無い在日アメリカ軍兵士をしっかりとコントロールして欲しい、そのような強い思いを述べる際、「日本で法律上認められている風俗営業」という言葉を使ってしまいました。この表現が翻訳されて、日本の法律で認められていない売春・買春を勧めたとの誤報につながりました。さらに合法であれば道徳的には問題がないというようにも誤解をされました。合法であっても、女性の尊厳を貶(おとし)める可能性もあり、その点については予防しなければならないことはもちろんのことです。

今回の私の発言は、アメリカ軍のみならずアメリカ国民を侮辱することにも繋(つな)がる不適切な表現でしたので、この表現は撤回するとともにお詫び申し上げます。この謝罪をアメリカ軍とアメリカ国民の皆様が受け入れて下さいます事、そして日本とアメリカが今後とも強い信頼関係を築いていけることを願います。

私の真意は、多くの在日アメリカ軍兵士は一生懸命誠実に職務を遂行してくれていますが、一部の心無い兵士の犯罪によって、日米の信頼関係が崩れることのないよう、在日アメリカ軍の綱紀粛正を徹底してもらいたい、という点にあります。その思いが強すぎて、不適切な表現を使ってしまいました。

アメリカは、世界で最も人権意識の高い国の一つです。そして、人権は世界普遍の価値です。アメリカ国民の人権と同じように、沖縄県民の基本的人権が尊重されるよう、アメリカ軍が本気になって沖縄での犯罪抑止のための実効性ある取り組みを開始することを切に望みます。

■日韓関係について

日本と韓国の関係は現在厳しい状況にあると言われています。その根底には、慰安婦問題と竹島をめぐる領土問題があります。

日本と韓国は、自由、民主主義、人権、法の支配などの価値観を共有する隣国として、重要なパートナー関係にあります。日韓の緊密な関係は、東アジアの安定と繁栄のためだけでなく、世界の安定と繁栄のためにも寄与するものと信じています。

現在、元慰安婦の一部の方は、日本政府に対して、国家補償を求めています。

しかし、1965年の日韓基本条約と「日韓請求権並びに経済協力協定」において、日本と韓国の間の法的な請求権(個人的請求権も含めて)の問題は完全かつ最終的に解決されました。

日本は、韓国との間の法的請求権問題が最終解決した後においても、元慰安婦の方々へ責任を果たすために、国民からの寄付を募り1995年に「女性のためのアジア平和国民基金(略称アジア女性基金)」を設立し、元慰安婦の方々に償い金をお渡ししました。

このアジア女性基金を通じた日本の責任を果たす行為は、国際社会でも評価を受けております。国連人権委員会へ提出されたレポートもアジア女性基金を通じての日本の道義的責任を歓迎しています。また国連人権高等弁務官であったメアリーロビンソンさんも基金を評価しています。

しかし、残念ながら、元慰安婦の一部の方は、このアジア女性基金による償い金の受領を拒んでおります。

日本は過去の過ちを直視し、反省とお詫びをしつつも、1965年に請求権問題を最終解決した日韓基本条約と日韓請求権並びに経済協力協定も重視しております。

日韓基本条約と日韓請求権並びに経済協力協定を前提としつつ、元慰安婦の方々の心に響く償いをするにはどのようにすればいいのかは大変難しい問題です。韓国政府は最近、日韓基本条約とともに締結された「日韓請求権並びに経済協力協定」における元慰安婦の日本政府への請求権の存否の解釈が未解決だと主張しております。韓国も法の支配を重んじる国でしょうから、日韓基本条約と日韓請求権並びに経済協力協定という国際ルールの重さを十分に認識して頂いて、それでも納得できないというのであれば、韓国政府自身が日韓請求権並びに経済協力協定の解釈について国際司法裁判所等に訴え出るしかないのではないでしょうか? その際には、竹島をめぐる領土問題も含めて、法の支配に基づき、国際司法裁判所等での解決を望みます。

私は、憎しみと怒りをぶつけ合うだけでは何も解決することはできないと思います。元慰安婦の方の苦しみを理解しつつ、日韓お互いに尊敬と敬意の念を持ちながら、法に基づいた冷静な議論を踏まえ、国際司法裁判所等の法に基づいた解決に委ねるしかないと考えております。

法の支配によって、真に日韓関係が改善されるよう、私も微力を尽くしていきたいと思います。
ENDS

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

Hashimoto explains remarks in Q&A session at Tokyo news conference
Hashimoto denies ‘will of state’ in comfort women system
May 27, 2013
http://ajw.asahi.com/article/behind_news/politics/AJ201305270124

AJW
Osaka Mayor Toru Hashimoto on May 27 explained his views on “comfort women” and other issues during a news conference at the Foreign Correspondents’ Club of Japan. Excerpts from the question and answer session follow:

***

Question: Are you trying to suggest that other nations were also somehow involved in the managing of wartime brothels like the Japanese military?

Hashimoto: I have absolutely no intention of justifying the wrongs committed by Japan in the past. We have to always carry within our hearts the terrible suffering experienced by the comfort women.

We should also put an end to unreasonable debate on this issue.

Japan should not take the position of trying to avoid its responsibility. That is what causes the greatest anger among the South Korean people.

I want to bring up the issue of sex in the battlefield. I don’t think that the nations of the world have faced their pasts squarely. That obviously includes Japan.

Unless we squarely face the past, we will not be able to talk about the future. Sex in the battlefield has been a taboo subject that has not been discussed openly.

Japan was wrong to use comfort women. But does that mean that it is alright to use private-sector businesses for such services?

Because of the influence of Puritanism, the United States and Britain did not allow the respective governments and militaries to become involved in such facilities. However, it is a historical fact that those two nations used local women for sexual services.

When the United States occupied Japan, the U.S. military used the facilities established by the Japanese government. This is also a historical fact backed by actual evidence.

What I want to say is that it does not matter if the military was involved or if the facilities were operated by the private sector.

There is no doubt that the Japanese military was involved in the comfort stations. There are various reasons, but this is an issue that should be left up to historians.

What occurred in those facilities was very tragic and unfortunate, regardless of whether the military was involved in the facilities or they were operated by private businesses.

Germany had similar facilities as those used by Japan where comfort women worked. Evidence has also emerged that South Korea also had such facilities during the Korean War.

The world is trying to put a lid on all of these facts.

It might be necessary to criticize Japan, but the matter should not be left at that. Today, the rights of women continue to be violated in areas of military conflict. The issue of sex in the battlefield continues to be a taboo.

It is now time to begin discussing this issue.

I have no intention of saying that because the world did it, it was alright for Japan.

Japan did commit wrong, but I hope other nations will also face their pasts squarely.

The past has to be faced squarely in order to protect the rights of women in conflict areas as well as prevent the violation of the rights of women by a handful of heartless soldiers.

Q: Do you feel there is a need to revise or retract the Kono statement on comfort women since there is wording that “the then Japanese military was, directly or indirectly, involved in the establishment and management of the comfort stations and the transfer of comfort women,” which indicates trafficking was involved?

A: I have absolutely no intention of denying the Kono statement. I feel that what is written in the statement is generally based on fact.

However, it is ambiguous about a core issue.

You brought up the issue of military involvement in the transport of women. Historical evidence shows that private businesses used military ships to transport the women. Most of the employers at the comfort stations were private businesses. There was military involvement in the form of health checks to prevent the spread of sexually transmitted diseases.

Because a war was going on, military vehicles were used in the transport of the women.

The argument of many Japanese historians is that there is no evidence to show that the will of the state was used to systematically abduct or traffic the women. A 2007 government statement, approved by the Cabinet, also concluded there was no evidence to show the will of the state was used for the systematic abduction and trafficking of the women.

The Kono statement avoided taking a stance on the issue that was of the greatest interest of South Koreans. This is the primary reason relations between the two nations have not improved.

The Kono statement should be made clearer.

Historians of the two nations should work together to clarify the details on this point.

The South Korean argument is that Japan used the will of the state for the systematic abduction and trafficking of the women, while the Japanese position is that there is no evidence for such an argument. This point has to be clarified.

Separately from what I just said, there is no doubt that an apology has to be made to the comfort women.

The core argument that the will of state was used for the systematic abducting and trafficking of women is likely behind the criticism from around the world that the Japanese system was unique.

It was wrong for Japanese soldiers to use comfort women in the past. However, facts have to be clarified as facts. If arguments different from the truth are being spread around the world, then we have to point out the error of those arguments.

Q: Do you agree with the argument by Shintaro Ishihara (co-leader of the Japan Restoration Party) that Japan should not have to apologize for the war because it was forced to fight by the economic sanctions and other measures imposed by the United States?

A: Politicians have discussed whether there was military aggression on the part of Japan or colonial domination of the Korean Peninsula. This is an issue that should be discussed by historians.

Politicians who represent the nation must acknowledge the military aggression and the unforgivable colonial domination of the Korean Peninsula.

Denying those aspects will never convince the victorious nations in the war because of the terrible loss of life that was involved in achieving that end.

Politicians who represent the nation have to acknowledge the responsibility for the nation’s actions during World War II. They have to also reflect on and apologize to neighboring nations for causing terrible damage.

Ishihara does have a different view of the past.

That is likely a generational difference between those who lived through the war and those of my generation who were born after the war. This is a very difficult issue for nations defeated in the war.

Those who lived through the war believed that what their government was doing was the right thing.

The vast majority of Japanese acknowledge the military aggression and colonial domination of the war. However, it is very difficult to have all 120 million Japanese agree on this point since Japan is a democracy.

Politicians of my generation should not stir up questions of Japan’s responsibility in the war. The duty of politicians of my generation should not be to justify what happened in the war, but work toward creating a better future. Politicians of my generation should face the past squarely and use their political energy for the future.

However, that does not mean that we have to remain silent about any wrong understanding of the facts of the war just because Japan was a defeated nation.

Q: Is it your view that what the Japanese military of that time was involved in does not constitute human trafficking in light of the international understanding that any involvement by any individual or organization in any part of the process is defined as human trafficking? Separately, is it your view that the testimony given by women who were forcibly taken by the Japanese military is not credible?

A: I am not denying Japan’s responsibility. Under current international value standards, it is clear that the use of women by the military is not condoned. So, Japan must reflect on that past.

I am not arguing about responsibility, but about historical facts.

I feel the most important aspect of the human trafficking issue is whether there was the will of the state involved. Women were deceived about what kind of work they would do. The poverty situation at that time meant some women had to work there because of the debt they had to shoulder.

However, such things also occurred at private businesses.

I think similar human trafficking occurred at the private businesses that were used by the U.S. and British militaries.

Japan did do something wrong, but human trafficking also occurred at such private businesses.

I feel the human trafficking that occurred at both places was wrong.

I want the world to also focus on that issue that involves other nations.

I am aware that comfort women have given their accounts of what happened. However, there is also historical debate over the credibility of those accounts.

Q: If the government was aware of what was happening at the comfort stations and did nothing, isn’t that a form of government and military involvement; and who should bear responsibility for that?

A: Under the present value system, the state must stop human trafficking.

In that sense, Japan cannot evade responsibility by any means.

We must think now of what the government should do when confronted by such a situation.

***
ENDS

Good news: GOJ signs Hague Child Abductions Treaty. Bad news: GOJ will probably caveat its way out of ever following it

mytest

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Hi Blog.  I have some good news to report.  After years of pressure on the GOJ to act like its fellow advanced societies in terms of divorce and child custody, Japan earlier this week signed the Hague Convention on Child Abductions.  Good.  I will comment more after the BBC article:

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

Japan votes to adopt child abduction treaty

22 May 2013 BBC News

Japan's Upper House members approve the international treaty Hague Convention after an unanimous vote at the National Diet in Tokyo on 22 May 2013
Japan’s parliament voted unanimously to approve the treaty

Japan’s parliament has voted to adopt an international treaty on child abductions, after years of pressure from Western countries.

The 1980 Hague Convention sets out procedures for handling cross-border child custody disputes.

Japan is the only country out of the Group of Eight industrialised nations (G8) yet to ratify the convention.

Its policies have been blamed for making it easy for Japanese mothers to remove children from foreign fathers.

Parents who have had their children abducted and taken to Japan by ex-spouses have describe the country as a “legal black hole” into which their children disappear, the BBC’s Rupert Wingfield-Hayes reports from Tokyo.

In February, Japanese Prime Minister Shinzo Abe expressed his support for the treaty after meeting US President Barack Obama.

The upper house of parliament voted to join the treaty on Wednesday. The lower house, which is more powerful, approved the treaty last month.

The government will ratify the treaty after finalising domestic procedures, including setting up a central authority responsible for locating abducted children and helping parents settle out of court where possible.

Japan says it aims to ratify the treaty by March 2014.

Divorced abroad

The 1980 Hague Convention on the Civil Aspects of International Child Abduction aims to protect the rights of both parents in custody cases.

“When I said I wanted to see [my daughter] on weekends, the judge and the attorneys in the room laughed” — Paul Toland, US Navy Commander

It seeks to ensure that custody decisions are made according to the laws of the country which provided the first residence for the children.

Under the convention, children who are taken away by a parent following a marriage breakdown must be returned to the country where they normally reside, if requested by the other parent.

However, campaigners say little will change until Japan reforms its own archaic divorce laws, our correspondent reports.

Japan’s family courts normally grant custody to one parent – traditionally the mother – after a divorce.

That parent is under no obligation to give the other parent access to the child, and it is not unusual for one parent to be cut out of their children’s lives forever.

There have been more than 200 international custody cases involving Japan. Many involve cases of Japanese nationals – married to non-Japanese nationals – who were divorced abroad taking their children back to Japan, despite joint custody rulings.

One high-profile case is that of US Navy Commander Paul Toland, who lost custody of his daughter Erika after his marriage with his Japanese wife broke down.

“The [family] court completely avoided any discussion regarding visitation with Erika,” he said in a statement in 2009.

“When I said I wanted to see Erika on weekends, the judge and the attorneys in the room laughed.”

He was unable to regain custody after his ex-wife killed herself – instead, his daughter now lives with her maternal grandmother, who Cdr Toland said in his 2009 statement had refused to allow access.

In 2010, the ambassadors of 12 countries, including the US, UK, Australia and Germany, signed a joint statement urging Japan to adopt the 1980 Hague Convention.

However, critics of the convention have previously argued that it could make it harder for Japanese women to flee abusive relationships abroad.

ENDS

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

COMMENT:  I don’t want to dismiss this development out of hand, because Japan doing this is a step in the right direction (after all, if even after this I had nothing good to say, then what would EVER count as good news on Debito.org?)  But as I have argued before, I think it’s been signed because enough time has passed for caveats to be put in place — so that the home team will rarely lose a custody case in Japan (furthermore, part of the argument for signing has been that Japanese would have a stronger footing overseas to pursue custody cases in Hague signatory countries — again, benefiting the home team in either case).  After all, the normalized portrayal in Japanese media of NJ as violent spouses, and Japanese as victims (particularly wives, even though they are the great minority in international marriages) has expanded Japan’s definition of “Domestic Violence” to even simple heated arguments.  Fight with your J-wife anytime and lose your kids. The deck is stacked.

Let me quote one submitter:  “From May 13’s Japan Times.  A series of articles hammering home what will evidently be Japan’s final word on the subject, that Japanese fleeing countries abroad are doing so to protect their kids and themselves from angry, violent, abusive foreign husbands.  Cue standardized quotes from proclaimed “expert on the issue” Kensuke Onuki as well as lawyer Mikiko “I was for the convention but now I see it conflicts with Japanese culture” Otani and a slew of heart-wrenching stories of Japanese wives fleeing abusive marriages (one claiming that had Japan been party to the Hague Convention at the time of her escape she would have chosen killing her child and herself than risk a return to her husband.  Whether these individual stories have merit of not, it’s pure one-sided sensationalism.  Where are the Murray Wood stories of wife abuse and neglect?
http://search.japantimes.co.jp/cgi-bin/nn20100514f1.html
http://search.japantimes.co.jp/cgi-bin/nn20100514f3.html
“Only Minoru Matsutani’s article sandwiched between offers any sense of balance.”
http://search.japantimes.co.jp/cgi-bin/nn20100514f2.html

And to quote another anonymous legally-trained friend:  “How to address DV is an issue in all Hague countries. In addition to allegations of DV, the Japanese legislation will also allow a judge to consider whether it would be difficult for EITHER the taking parent OR the parent requesting return to raise the child in the country of origin.  This sounds awfully close to a full-blown custody determination, which is sort of what courts are NOT supposed to do in Hague cases.”

As for future prospects, I shall defer to the better-informed judgment of a specialist international lawyer in this field, who wrote the following shortly before the Hague was signed:

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

Friday, March 15, 2013

Japan’s Potential Ratification of the Hague Convention: An Update
Jeremy D. Morley

http://www.internationalfamilylawfirm.com/2013/03/japans-potential-ratification-of-hague.html

Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament).

The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly opposed to the treaty on the ground that it will lead to the imposition of “Western thinking” on family relationships in Japan, i.e. that it might lead to the intervention of the courts into the private life of families, to the issuance of judicial orders concerning family matters that can be enforced by the power of the state, and to both parents having meaningful rights to their children after a divorce or separation.

Accordingly, newspaper editorials in Japan have demanded that, when Japanese wives “flee” foreign countries because of alleged domestic violence abroad, they must not be forced to return to the country where such abuse has occurred.

Such concerns have already led to inclusion of a provision in the draft legislation that is most likely to lead to an unnecessarily broad interpretation of the “grave risk” exception in Article 13(b) of the Convention. Indeed, that is the intended result.

The result of such an exception would be to shield abductors who are able to claim domestic abuse even though:

  • (a) The legal system in the (American) habitual residence would provide an abuse victim and child with very substantial protection;
  • (b) No change is being made in Japan to the lack of any meaningful provisions in Japanese law for the other parent to have any access to the child or any decision-making role in the life of the child, so that in reality the foreign left-behind parent would still be without any meaningful rights to the child; and
  • (c) There is no meaningful system within Japan to effectively determine the merits of such claims of abuse.

In addition, there is a serious concern that petitioning parents will be forced into mediation before being allowed to proceed with or complete their judicial case. There are special provisions in the draft legislation promoting mediation. If the mediation process works similarly to the current Family Court mediation process it will lead to lengthy delays and extreme unfairness to petitioning parents.

Mediation is generally an extremely unhelpful forum for foreigners in family law cases in Japan, since (i) foreign parties must appear in person regardless of their place of residency, (ii) the sessions are usually short and are repeatedly adjourned for lengthy periods of time, necessitating multiple inconvenient and expensive visits to Japan, (iii) the foreigners’ views are generally misunderstood for language and cultural reasons, and (iv) the foreigners are pressured to accept unfair terms since there is no enforcement of court decisions in family law matters in Japan and because they are told that their refusal to accept the mediators’ recommendations will be held against them in a trial.

When most other countries have joined the Convention the United States could choose whether or not to accept the accession. If a country has not enacted satisfactory legislation designed to effectively enforce the terms of the Convention other countries need not accept the accession. Such is the case with Thailand, which acceded to the Convention in 2002 but has not yet enacted implementing legislation satisfactory to the United States or several other countries. By contrast, as an original member of the Hague Conference, Japan will not be acceding to the Convention, but will ratify it which will trigger its immediate entry into force without any place for international review.

Meanwhile, the Japanese public is being told that even if Japan signs the Convention, “The return of a child can be denied if the parent seeking it is believed to abuse the child or have difficulties raising him or her.” Daily Yomiuri, Mar. 16, 2013. If that is the gloss that Japan intends to put on the Hague Convention – even though the Convention is expressly designed to secure the expeditious return of all abducted children except in extremely unusual cases – there is little or no point in Japan’s purported ratification of the treaty.

The result of Japan’s ratification of the Convention will likely be to create the appearance of Japan’s compliance with international norms but without any of the substance.

ENDS

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

CONCLUSION:  Same as other treaties that Japan has signed but doesn’t enforce, I think the Hague will wind up as a historical footnote as another treaty Japan chooses to ignore.  When we see the highly unlikely prospect of children of international marriages abducted to Japan sent back overseas by a Japanese court (in contrast to other judiciaries that DO repatriate children, see for example here and here) then I’ll think progress has been made.  But it’s pretty inconceivable to me, since child abduction happens between Japanese couples too thanks to Japan’s insane marriage system, and it’s hard to imagine foreigners suddenly being granted more rights in Japanese marriages than fellow Japanese.  Arudou Debito

Asahi on arrest of Zaitokukai participant in anti-Korean demo; J-Cast on anti-Korean stuff being sold at Dietmember kaikan; Osaka sign saying “Stop Scrawling Discriminatory Graffiti”

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Hi Blog.  We have some positive movements regarding the treatment of hate speech in Japan, particularly regarding that “Kill all Koreans” hate demo that took place last February (god bless the ensuing gaiatsu of international attention for making the GOJ finally take some action to deal with this deservedly embarrassing incident).  First, the Asahi reports that one of the participants in the Zaitokukai hate demo named Akai Hiroshi was arrested by the police, for violent bodily contact with a person protesting Zaitokukai activities.

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

新大久保の反韓デモ、初の逮捕 対立グループに暴行容疑
朝日新聞 2013年5月20日, courtesy of MS
http://www.asahi.com/national/update/0520/TKY201305200108.html

在日韓国・朝鮮人を非難する東京・新大久保でのデモで対立するグループの男性に体当たりしたとして、警視庁は、自称・埼玉県熊谷市拾六間、無職赤井洋容疑者(47)を暴行の疑いで逮捕し、20日発表した。「つまずいて相手にぶつかっただけだ」と容疑を否認しているという。新大久保でのデモで逮捕者が出たのは初めて。

新宿署によると、赤井容疑者は19日午後6時40分ごろ、東京都新宿区の路上で、会社員男性(51)の胸などに体当たりした疑いがある。

赤井容疑者は「在日特権を許さない市民の会」のメンバーらとともにデモに参加。被害男性は、デモをやめるよう抗議する集団に加わっていた。両集団はそれぞれ約200人規模で、警視庁機動隊を挟み、緊迫した状況だったという。

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

Japan Times reports from Kyodo:

==============================
NATIONAL
Man held during anti-Korean rally
KYODO MAY 22, 2013

http://www.japantimes.co.jp/news/2013/05/22/national/man-held-during-anti-korean-rally

Police have arrested a 47-year-old man who took part in a regularly held anti-Korean demonstration in Shinjuku Ward, Tokyo, for allegedly assaulting another man protesting the rally.

The man arrested Monday identified himself as Hiroshi Akai, an unemployed former Self-Defense Force member from Kumagaya, Saitama Prefecture. Akai said he had “accidentally bumped into” the other man, according to the Metropolitan Police Department.

Police allege Akai hurled himself at the 51-year-old company employee Sunday evening after the protest in Shinjuku. He was held by riot police who were guarding the demonstration.

Rightwing groups, including one claiming to be “citizens who do not condone privileges given to Koreans in Japan,” have been staging demonstrations several times a month in Shinjuku and nearby Shin-Okubo, home to a large ethnic Korean population.
==============================

Okay, good start, and glad that there are protests regarding the hateful, xenophobic protesters (usually their activities get ignored even if they involve violence against counter-demonstrators).  Except for the fact that this sort of hate speech has by now reached the highest and lowest levels of society, as in anti-Korean stickers being sold in Diet buildings, and anti-Korean graffiti being scrawled on public transportation:

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

韓国人差別ステッカーを議員会館で販売 自民議員側は関係否定して困惑顔
2013/5/14 J-Cast News, courtesy of MS
http://www.j-cast.com/2013/05/14175063.html

「チョンキール」と書かれた韓国人差別のステッカーが衆院議員会館で売られていた――。朝日新聞記者がこうツイートし、ネット上でステッカー販売に批判が相次いでいる。市民団体の会議室利用に協力した自民党議員側は、販売との関係を否定しており、困惑している様子だ。
ステッカーには、ゴキブリのような絵とともに、「ヨクキク 強力除鮮液」「チョンキール」と字が入っていた。朝日新聞社会部の石橋英昭記者が、2013年5月13日のツイートで、会議室でこんなものなどが売られていたと写真付きで紹介している。「日韓断交」というステッカーなども写っている。
朝日新聞記者のツイートがきっかけ
jcast051413
ツイートが物議
この日の会議室は、沖縄復帰をめぐる学習会に使われており、石橋記者は、自民党の西銘(にしめ)恒三郎衆院議員が主催者で、日本維新の会の西村眞悟衆院議員が講演していたと書いた。ただ、続くツイートでは、「国会議員が窓口になって議員会館で学習会を開いた民間団体の関係者が、販売していたということです。議員は直接には関わってないと思います」と補足している。
しかし、ツイートは波紋を呼び、ネット上では、「主催議員は責任をとらなければならない」「知らなかったでは済まされないぞ」などと批判が相次いだ。小説家の深町秋生さんも、「首相のヘイトスピーチ批判とはなんだったんだろう」とツイッターで疑問を呈すほどだった。
これに対し、学習会実行委員会の中心メンバーで市民団体の沖縄対策本部では、「この写真は昨日の学習会とも主催者とも関係ありません」とツイッターなどで弁明を始めた。石橋記者もこのことをツイッターで紹介し、「主催者と無関係な人が会議室に入り、台を設け販売していたとのことのようです」と前言を変えた。
沖縄対策本部代表の仲村覚さんは、フェイスブックでさらに事情を説明している。それによると、ボランティアを依頼した人の友人が、一緒に参加して勝手に展示したものだという。西銘・西村両議員側には、報告とお詫びをしたとしている。
「記者は事実関係確認してほしかった」
とはいえ、西銘恒三郎議員が、差別ステッカーなどの展示・販売について知っていたことはないのか。
沖縄対策本部代表の仲村覚さんは、取材に対し、そのことを否定し、展示の経緯について説明した。それによると、ボランティアをしていた人の友人は、前日の別の集会にも来ており、そこでステッカーなどを販売していた。友人は、学習会でボランティアをするので、そこでも販売させてほしいと仲村さんに申し出たが、仲村さんは、会議室での物品販売はできないと説明を受けているとして申し出を拒否した。
ところが、この友人は当日、会議室のテーブルでステッカーなどを勝手に展示し始めた。これを仲村さんの仲間が見つけ、展示を止めさせたそうだ。ステッカーの販売までしたとは、聞いていないという。
ステッカーなどは、日韓断交共闘委員会という市民団体がサイト上で売っていたが、仲村さんは、この団体のことは知らないとした。販売の意図もナゾのままで、「今後は身元チェックを厳しくするなど、注意していきます」と言っている。
学習会の主催は、形式的に西銘議員になっているが、実際は実行委がしていたという。西銘議員は、企画・運営にはタッチしておらず、学習会にも来ていないとした。
西銘議員の事務所では、取材に対し、スタッフがこう説明した。
「同じ沖縄の人が祖国復帰の勉強会をしたいので会議室利用の窓口になってほしいと依頼があり、こちらで借りられるようにお手伝いはしました。しかし、実行委員会からステッカーのことについて報告などがあり、どういうことなのかとびっくりしています。差別的な思想自体が困りますし、とても残念なことだと思っています。朝日新聞の方も、ツイッターで発言する前に、事実関係を確認してほしかったですね」
ENDS
==============================

The good news, however, is that we’re hearing about these events at all (discrimination often goes ignored in the J-media if its against NJ). Also good news is that the authorities are taking measures against them, as seen in this sign sent to me yesterday by AP:

antirakugakisignmay2013

(Taken in Sekime-Seiiku Station in the Osaka area, May 20, 2013.)

The sign reads: A bright society where people respect each others’ human rights.  Let’s stop scrawling discriminatory GRAFFITI that will hurt people’s hearts.  If you notice any discriminatory graffiti, let us know (addendum:  let a station attendant know).  Signed, Osaka City Citizens’ Bureau.  

Submitter AP writes:  “I talked to the 駅長 as well. I said I don’t know what lead to posting that message, but as a foreigner in Japan I sometimes face 差別 and understand why this kind of thing is important to address, and thanked him. He seemed appreciative as well.”

Good.  Then maybe people are realizing that this sort of thing affects everyone in society, not just some guest foreigners whose lives and feelings have no connection with ours.  These are positive developments.  Arudou Debito

Aichi Police online announcement about Junkai Renraku door-to-door cop visits. Happening in your neighborhood?

mytest

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Hello Blog. This post comes to you as a query. Are any Debito.org Readers noticing that the Japanese police are keeping closer tabs on people by going door-to-door to survey occupants (junkai renraku), asking them to fill out Junkai Renraku Cards?

(To see what information is required for the Junkai Renraku, especially for NJ residents, here’s one translated into English by the NPA).

We’ve talked about this before on Debito.org, where we have seen the police doing door-to-door surveys of residents, with a special emphasis on how that involves Gaijin Carding for people living in Gaijin Houses.  Some people have said that this has never happened to them (for example, it never happened to me despite living in various places in Hokkaido over the course of 25 years), others it has (they think it’s cop SOP).

But the interesting thing is that at a prefectural level, Aichi, for example, is making public announcements to their residents that they will be making the rounds to households (katei).  (If this was all that normal a SOP, why the need for a public service announcement?)  This will be in order to:

  • Give advice on how not to become victims of crime,
  • Take measures for people who have been victims of crime,
  • Contact neighborhoods that have recently been victims of crime (such as sneak thievery and car break-ins) and advise them how to take measures against crime in the future,
  • Prevent youth crime (shounen no hankou boushi),
  • Have lists of occupants (renraku hyou) on hand and phone numbers in case of disasters,

and more. See http://www.pref.aichi.jp/police/safety/houmon/

We are seeing these PSAs in other prefectures, such as Kanagawa (http://www.police.pref.kanagawa.jp/mes/mesg1001.htm), and door to door checks apparently elsewhere.

A couple of funny things going on here. First, information about neighborhood occupancy should be available through the juuminhyou system in the first place.  Much of this information is also surveyed by the National Census (kokusei chousa), where, I might add, providing any information is optional (note how the optionality of providing personal information is not mentioned in the Aichi Police website). Why do the police feel the need to compile their own data set?

Well, because police are control freaks, and given the degree of power the Japanese police have in Japan, privacy issues are of less importance than maintaining order.  And you just know that if they catch a NJ at his or her home, there’s going to be much more intrusive questioning than just phone numbers and occupants — they will demand to see your Gaijin Card and ascertain that your visa is current, all on your front doorstep.  Have a nice day.  It’s not just on the street at random anymore, meaning they’ll intrude upon where you live.  Moreover I doubt that for NJ targeted, answering questions will be optional (plead the Fifth (mokuhiken) and arouse suspicion — something that leads to more thorough investigations downtown).

Of course, the Aichi Police offer themselves and their questioning as all sweetness, with benign photos of the police at work in their communities:

aichiprefjunkairenraku4

Subtext:  “Like you, even [female] cops have maternal instincts…”

aichiprefjunkairenraku3

“Now now, you needn’t be afraid of this man in uniform who has approached us for some unknown reason during our very traditional daily constitutional.  Especially since he’s even gotten down on his knees for you…”

aichprefjunkairenraku2

“This is how we will approach you to demand personal information” (outside a place that is clearly not a household).  We can only hope that our boys in blue will be so smiley and unaggressive.

Here’s the best one:

aichijunkairenraku042713

“OMG!  I’m so glad to see a cop knocking at my door.  I just love a man in uniform!  Come inside!”

Now, you might think I’m making too much of this.  But naturally I would argue not.  Especially since we have had cases of police agencies doing one thing (like putting out racist anti-NJ flyers) while offering sweetness and light on their official English website.  There’s a lot of tatemae here, and you only have to be a minority in Japan before you understand just how much intent and enforcement differ from the sloganeering.

My advice:  If you get an unexpected knock one day and see (through the peep sight) a cop at your front door, don’t answer.  Because if they visually identify you in any way as NJ, you are automatically suspicious and you’ll get the Third Degree.

Anyone else noticing their local police becoming more intrusive these days?  Arudou Debito

Japan Times JUST BE CAUSE Column 63, May 14, 2013: “Police, media must consider plight of those caught in linguistic dragnet”

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Police, media must consider plight of those caught in linguistic dragnet
Racialized terms thrown about by cops and parroted by news outlets have consequences

The Japan Times, JUST BE CAUSE Column 63, May 14, 2013
By ARUDOU Debito
http://www.japantimes.co.jp/community/2013/05/14/issues/police-media-must-consider-plight-of-those-caught-in-linguistic-dragnet
Version with links to sources

A national media exerts a powerful influence over the lives of members of its society. For example, rumors or untruths disseminated through print or broadcast can destroy livelihoods and leave reputations in ruins.

This is why judiciaries provide mechanisms to keep media accountable. In Japan, laws against libel and slander exist to punish those who put out misleading or false information about individuals.

But what about broadcasting misleading or false information about groups? That’s a different issue, because Japan has no laws against “hate speech” (ken’o hatsugen). Consequently, Japanese media get away with routine pigeonholing and stereotyping of people by nationality and social origin.

An example? The best ones can be found in Japan’s crime reportage. If there is a crime where the perpetrator might be a non-Japanese (NJ), the National Police Agency (and by extension the media, which often parrots police reports without analysis) tends to use racialized typology in its search for suspects.

The NPA’s labels include hakujin for Caucasians (often with Hispanics lumped in), kokujin for Africans or the African diaspora, burajirujin-kei for all South Americans, and ajia-kei for garden-variety “Asians” (who must somehow not look sufficiently “Japanese,” although it’s unclear clear how that limits the search: aren’t Japanese technically “Asian” too?).

Typology such as this has long been criticized by scholars of racism for lacking objectivity and scientific rigor. Social scientist Paul R. Spickard puts it succinctly: “Races are not types.”

Even hard scientists such as geneticist J.C. King agree: “Both what constitutes a race and how one recognizes a racial difference are culturally determined. Whether two individuals regard themselves as of the same or of different races depends not on the degree of similarity of their genetic material but on whether history, tradition, and personal training and experiences have brought them to regard themselves as belonging to the same groups or to different groups . . . there are no objective boundaries to set off one subspecies from another.”

The NPA has in recent years gotten more sophisticated with its descriptors. One might see tōnan ajia-jin fū for Southeast Asians, chūtō-kei for Middle Easterners, indo-kei for all peoples from the Indian subcontinent or thereabouts, or the occasional chūgokujin-kei, firipin-kei, etc., for suspects involved in organized crime or the “water trade.”

But when the suspect is of uncertain ethnic origin but somehow clearly “not Japanese,” the media’s default term is gaikokujin-fū (foreign-looking).

[For example, do a search for 外国人風 at http://sitesearch.asahi.com/.cgi/sitesearch/sitesearch.pl]

Lumping suspects into a “Japanese” or “not Japanese” binary is in fact extremely unhelpful during a search for a suspected criminal, because it puts any NJ, or visible minority in Japan (including many Japanese citizens), under the dragnet.

Not only does this normalize racial profiling; it also encourages the normalization and copycatting of stereotypes. I have seen cases where people assumed that “foreigners” were involved in a crime just because they saw people who “looked different” or “acted different” (which has in the past encouraged criminals to adopt accented speech, or blame fictitious foreign perps to throw cops off their trail).

[See for example https://www.debito.org/aichibikergangpatsy.htmlhttps://www.debito.org/?p=841https://www.debito.org/?p=3060]

There are two other bad habits reinforced by publicly racializing criminality. One is the creation of a public discourse (discussed many times on these pages) on how “foreigners” in particular are a source of crime, and thus destabilizing to Japanese society.

The other is that any careless typology winds up associating nationality/phenotype/social origin with criminal behavior, as in, “He’s a criminal because he’s Chinese.”

Both habits must be stopped because they are, statistically, damned incorrect.

How should the NPA remedy this?

Easy, really. They should amend, if not outright abandon, any race-based typology when reporting crime to the media. The police and the media should try this instead:

1) When there is a suspect on the run, and the public is being alerted to be on the lookout, then give phenotypical details (e.g., gender, height, hair color) — the same as you would for any Japanese fugitive. Do not reveal any nationality (or use the generic word “foreign”). Why? Because nationality is not a matter of phenotype.

2) When there is a suspect in custody for interrogation (as in, not yet charged for prosecution), then it is not necessary to give phenotypical or nationality details. Why? Because an accusation without charge is not yet a crime statistic, so those details are irrelevant to the case. It is also not yet a fact of the case that this particular crime has been committed by this particular person — innocent before proven guilty, remember.

3) When there is an arrest, giving out details on specific nationality is permissible, as it is now a fact of the case. Pointing out phenotypical details, however, is unnecessary, as it may draw undue attention to how criminals supposedly “look.” (Readers will have their curiosity sated by seeing the inevitable photograph, now also a fact of the case.)

4) When there is a conviction, refer to 3 above. But when there is an acquittal, the police and media should mention the nationality of the former suspect in a public statement, to counteract the social damage caused by any media coverage that may have inadvertently linked criminality to a nationality.

Remember that at any time during criminal procedure, it is never necessary to use the generic word “foreign,” what with all the potential for overgeneralization and stereotyping. In addition, the police should repeatedly caution the media against any tone associating nationality with criminality.

Now, why am I devoting a column to this? Because the media must not only watch the watchers; it must watch itself. I also know that policymakers read the Japan Times Community pages and this column, because they have changed their policies after withering criticisms here.

Remedial actions inspired by this space include the Takamadonomiya All Japan Junior High School English Speech Contests amending their rules to disqualify “native English speakers” instead of just “all foreigners” (Zeit Gist, Jan. 6, 2004), NTT DoCoMo repealing their “security deposit” for all foreigners only (ZG, Aug. 29, 2002), the Cabinet’s human rights survey rewriting questions that once made human rights “optional” for foreign humans (ZG, Oct. 23, 2007) and, most significantly, the National Research Institute of Police Science discontinuing its racist “foreigner DNA” research scheme for crime scenes (ZG, Jan. 13, 2004).

Here’s hoping that the police and media realize what careless reportage does to NJ residents, and start monitoring themselves better. It’s time to make amends for all the social damage done thus far.

After all, both are generally more careful if the suspects are Japanese. Anyone ready to say in public “He’s a criminal because he’s from Osaka”? Thought not. Consistency regardless of nationality or social origin, please.

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

Arudou Debito’s “Japanese Only: The Otaru Onsens Case and Racial Discrimination in Japan” is now on sale as a 10th anniversary e-book on Amazon for ¥975. See www.debito.org/japaneseonly.html. Twitter @arudoudebito. Just Be Cause appears on the first Community pages of the month. Send comments and ideas to community@japantimes.co.jp.
ENDS

DEBITO.ORG NEWSLETTER MAY 13, 2013 PART 2: New eBooks by Debito on sale now

mytest

eBooks, Books, and more from ARUDOU Debito (click on icon):
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DEBITO.ORG NEWSLETTER MAY 13, 2013 PART TWO

Hello Newsletter Readers. This month’s Newsletter is a little late due to a press holiday on May 7, the date my Japan Times column was originally to come out. So this month you get two editions that are chock full of important announcements. As a supplement, here is information about three new books of mine that are now out in downloadable eBook form:

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1) Debito’s eBook “GUIDEBOOK FOR RELOCATION AND ASSIMILATION INTO JAPAN” now available on Amazon and NOOK for download. USD $19.99

rsz_finished_book_coverB&N

Following December’s publication of the revised 2nd Edition of long-selling HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS comes a companion eBook for those who want to save paper (and money). A handy reference book for securing stable jobs, visas, and lifestyles in Japan, GUIDEBOOK has been fully revised and is on sale for $19.99 USD (or your currency equivalent, pegged to the USD on Amazons worldwide).

See contents, reviews, a sample chapter, and links to online purchasing outlets at https://www.debito.org/handbook.html

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2) Debito’s eBook “JAPANESE ONLY: THE OTARU ONSENS CASE AND RACIAL DISCRIMINATION IN JAPAN” now available in a 10TH ANNIVERSARY EDITION on Amazon and NOOK for download. USD $9.99

japaneseonlyebookcovertext

It has been more than ten years since bathhouses in Otaru, Hokkaido, put up “NO FOREIGNERS” signs at their front doors, and a full decade since the critically-acclaimed book about the landmark anti-discrimination lawsuit came out. Now with a new Introduction and Postscript updating what has and hasn’t changed in the interim, JAPANESE ONLY remains the definitive work about how discrimination by race remains a part of the Japanese social landscape.

See contents, reviews, a sample chapter, and links to online purchasing outlets at https://www.debito.org/japaneseonly.html

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3) Debito’s eBook “IN APPROPRIATE: A NOVEL OF CULTURE, KIDNAPPING, AND REVENGE IN MODERN JAPAN” now available on Amazon and NOOK for download. USD $9.99

In Appropriate cover

My first nonfiction novel that came out two years ago, IN APPROPRIATE is the story of a person who emigrates to Japan, finds his niche during the closing days of the Bubble Years, and realizes that he has married into a locally-prominent family whose interests conflict with his. The story is an amalgam of several true stories of divorce and child abduction in Japan, and has received great praise from Left-Behind Parents for its sincerity and authenticity.

See contents, reviews, a sample chapter, and links to online purchasing outlets at https://www.debito.org/inappropriate.html

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

Thanks for reading and perhaps purchasing!  Arudou Debito

ENDS

DEBITO.ORG NEWSLETTER MAY 13, 2013

mytest

eBooks, Books, and more from ARUDOU Debito (click on icon):
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DEBITO.ORG NEWSLETTER MAY 13, 2013

Table of Contents:

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DISINGENUOUSNESS, AS USUAL

1) NYT Editorial: Japan’s “Unnecessary Nationalism”, re the trappings of GOJ’s rightward swing

2) BBC, Yomiuri etc.: LDP now pushing revisionistic, jingoistic and militaristic agenda from above and below, with “Return of Sovereignty Day”, booths at Niconico Douga geek festival

3) JDP: Abe criticizes rise of hate speech in Japan, calls it “dishonorable” and counter to “The Japanese Way of thinking”. My, how disingenuous.

4) NYT: Violating IOC rules, Tokyo Gov Inose bad-mouths other 2020 Olympic bidders, particularly Istanbul for being “Islamic”

5) Tangent on Sexual Minorities: Gay marriage trends worldwide, and how Japan’s Douseiaisha do it: Donald Keene’s marriage by Koseki adoption

MORE STRAWS FOR THE CAMEL’S BACK

6) JT: Japan’s minimum retirement age to increase to 65 by 2025

7) Japan Times: “Student seeking Kyoto flat told: No foreigners allowed”, and how NJ tie themselves in mental knots

8 ) RocketNews: Automatic PR Status awarded to grads of Kyoto universities? Positive proposal by Kyoto Governor that will come to naught

9) Harbingers of further insularity: J international marriages way down, as are J students studying abroad

10) TV Tokyo bangumi: “Why did you come to Japan?” interviews NJ arrivals at Narita, reifies mainstream media discourse of NJ as tourists, not residents

11) Discussion: “Bignose” on Cute “Kobito-zukan” comic characters for kids and NJ control fantasies?

… and finally…

12) Japan Times JUST BE CAUSE Col 62, Apr 2, 2013: “Tweak the immigration debate and demand an upgrade to denizen class”

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By ARUDOU Debito (debito@debito.org, www.debito.org, Twitter arudoudebito)
Freely Forwardable

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DISINGENUOUSNESS, AS USUAL

1) NYT Editorial: Japan’s “Unnecessary Nationalism”, re the trappings of GOJ’s rightward swing

NYT: Since taking over as Japan’s prime minister in December, Shinzo Abe and his conservative Liberal Democratic Party have been juggling a packed agenda of complicated issues, including reviving the country’s economy, coping with the aftermath of the 2011 earthquake and tsunami and managing prickly relations with neighbors like North Korea. Stirring up extraneous controversy is counterproductive, but that’s exactly what he and his nationalist allies in Parliament have done. On Tuesday, a group of 168 mostly low-ranking conservative lawmakers visited the Yasukuni Shrine in central Tokyo, which honors Japan’s war dead, including several who were executed as war criminals after World War II. It was the largest mass visit by Parliament in recent memory…

Japan and China both need to work on a peaceful solution to their territorial issues. But it seems especially foolhardy for Japan to inflame hostilities with China and South Korea when all countries need to be working cooperatively to resolve the problems with North Korea and its nuclear program. Instead of exacerbating historical wounds, Mr. Abe should focus on writing Japan’s future, with an emphasis on improving its long-stagnant economy and enhancing its role as a leading democracy in Asia and beyond.

https://www.debito.org/?p=11408

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2) BBC, Yomiuri etc.: LDP now pushing revisionistic, jingoistic and militaristic agenda from above and below, with “Return of Sovereignty Day”, booths at Niconico Douga geek festival

You have to hand it to zealots in political power for their singlemindedness and clarity of message. The extreme-right leaders of the LDP are pursuing their agenda with messianistic fervor from both above and below, opening booths and putting in Prime Ministerial appearances at online geek festivals, and even enlisting the Emperor to push an overtly-politicized agenda of historical revisionism.

BBC: Japan has for the first time marked the anniversary of the end of the allied occupation, which followed its defeat in World War II. Prime Minister Shinzo Abe said the “restoration of sovereignty day” would give Japan hope for the future and help it become “strong and resolute”. The event is seen as part of Mr Abe’s nationalist campaign. He is also pushing for a revision of Japan’s pacifist constitution to ease tight restrictions on the armed forces… “I want to make this a day when we can renew our sense of hope and determination for the future,” the 58-year-old said in front of officials gathered in Tokyo. “We have a responsibility to make Japan a strong and resolute country that others across the world can rely on,” he said.

Yomiuri: Also behind the government’s decision to sponsor the ceremony is the perceived threat to the nation’s sovereignty, as well as Prime Minister Shinzo Abe’s pursuit of constitutional revision, observers said. Takeshi Noda, chairman of the LDP Research Commission on the Tax System… He believes it is necessary to give the people an opportunity to ponder why the nation lost its sovereignty by considering as a set the April 28 anniversary of the restoration of independence and the Aug. 15 anniversary of Japan’s surrender in World War II, the day the nation announced its acceptance of the Potsdam Declaration. He calls the Aug. 15 anniversary “the day of humiliation for losing [the nation’s] sovereignty.”… Abe … delivered a video message, saying: “[The nation’s] failure to thoroughly review the Occupation period right after sovereignty was restored has left serious problems. The next [task for us] is [to revise] the Constitution.”

Yomiuri then suddenly opines: Yet the nation’s territory and sovereign power have been threatened daily. China’s maritime surveillance ships have repeatedly intruded into Japanese territorial waters near the Senkaku Islands in Okinawa Prefecture. Meanwhile, the Takeshima islands have been illegally occupied by South Korea, and Russia has been intensifying its effective control over the northern territories off Hokkaido. The current situation, in which the nation’s sovereignty is in unprecedented danger, also appears to have fueled Abe’s desire to hold the latest ceremony.

Comment: An even bigger surprise was that PM Abe found the time to put in an appearance at a local geek festival, sponsored by Internet snakepit of bullies and right-winger refuge 2-Channel’s corporate body, Niconico Douga a few days ago! Submitter JJS comments: “Wanted to point your attention to this as it seems like one of those things that will be passed up, glossed over, or completely go unseen by most people. I guess NicoNico video held some type of ‘Big Conference’ called 「niconico choukaigi 2」. It appears at first to be some gathering for tech-heads and geek culture of all kinds. But scroll down a bit to the section “jieitai ya zainichi beigun, kakuseito mo sanka” (SDF and American Military, and participation from each political party)and you’ll see that Abe came to participate…essentially campaigning at the event. Nico Nico played a big role in one of the debates he proposed be put online, live. But to outright be campaigning at this event seems out of the norm and certainly a bending of the rules. Even more disturbing is the show of military hardware with tie-ins to cute “moe” characters, etc. There is something rotten in Nagatacho and it all seems to be going ‘according to plan.’”

Quite. The zealots leading the LDP have melded nationalism, militarism, and naked political ambition. Something wicked is not only this way coming, it is already here. If the LDP gets its way and converts this tone of agenda into real public policy, Japan is heading for remilitarization all over again.

https://www.debito.org/?p=11421

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3) JDP: Abe criticizes rise of hate speech in Japan, calls it “dishonorable” and counter to “The Japanese Way of thinking”. My, how disingenuous.

We now have the xenophobic public demonstrations talked about previously on Debito.org, which had slogans such as “Kill the Koreans!” in Tokyo and “start a Tsuruhashi Massacre like the Nanking Massacre!” in Osaka, being debated and decried in Japan’s political circles. Witness this article fresh from the Asahi (translation mine):

Asahi: On May 9, the issue of the Zaitokukai’s repeated demos containing hate speech, calling for people to “Kill the Koreans”, was taken up in the Upper House’s Judicial Committee. Justice Minister Tanigaki Sadakazu said, “I am filled with concern. This runs directly counter to the course of a civilized nation.”… In regards to next steps, Tanigaki limited his statement to, “This is extremely worrisome because it is related to freedom of expression. I wish to observe most carefully to see whether it leads to sentiments of racial discrimination.”

Comments have also come from the top.

Japan Daily Press: Japanese Prime Minister Shinzo Abe expressed his concern on the increase of hate speech in the country in an Upper House Budget Committee session on May 7. The premier criticized the hate-mongering that has become rampant on the internet and in specific areas around the nation, adding that the hate these people show is dishonoring Japan… Abe concluded that those who are spreading hate speech – online or offline – do not represent the Japanese people. He also specifically said that it was his intention to restrict hateful comments posted on his official Facebook page. “It’s completely wrong to put others down and feel as if we are superior,” he said. “Such acts dishonor ourselves.”

COMMENT FROM DEBITO: Although I am happy that the LDP is saying that these hateful tendencies are a bad thing, there are two tendencies that should be noted. One is that these are reactive, not active, stances by the governing parties. These clear and powerful acts of hate speech happened months ago, and now we’re just getting to them during question time, in response to opposition questions? Far too slow. The LDP should have denounced this behavior immediately if it ran so counter to what PM Abe can so cocksurely say is not “The Japanese Way of Thinking”. (And given that these people are legislators, where is the proposal for a law against it?)

The other is Abe’s disingenuousness. Abe might now say that those who are disseminating this kind of hate speech “do not represent the Japanese people”. Yet these right-wing haters are precisely Abe’s support base. As I discussed in my articles in the Japan Times (“Keep Abe’s hawks in check or Japan will suffer”, February 4, 2013) and on Japan Focus (“Japan’s Rightward Swing and the Tottori Prefecture Human Rights Ordinance.” Asia-Pacific Journal, Vol. 11, Issue 9, No. 3. March 4, 2013), Abe has been intimately involved with the Sakura TV crowd, for years now advocating all manner of hateful invective towards NJ, particularly Japan’s neighbors and domestic NJ residents. Abe is thus talking out of both sides of his mouth here.

In sum, if Abe wants to keep harping on about “honor” (whatever that means), I think he should be looking at himself and his political activities in the mirror. These hate-speech activities are a direct result of the political machinations of his political ilk, if not him personally. That a man could exist in such a powerful position in government not once, but twice, says indicative things about Japan’s view of “honor”, and about the Japanese public’s tolerance of disingenuousness.

https://www.debito.org/?p=11443

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4) NYT: Violating IOC rules, Tokyo Gov Inose bad-mouths other 2020 Olympic bidders, particularly Istanbul for being “Islamic”

We’ve talked about Tokyo’s Olympic bids for 2016 and 2020 before on Debito.org (I see them as basically a vanity project for Japan’s elite ruling class to convince themselves that the outside world is still paying attention to them, especially after successful bids in Beijing 2008 and Pyeongchang (South Korea) 2018). But here’s an interesting development: According to the New York Times, Tokyo Governor Inose Naoki (a good writer and analyst before he became Vice-Governor then Governor, and from whom I expected more intelligence and sophistication) is taking cheap shots at other Olympic bidders, violating IOC rules.

Particularly at Istanbul for its religious and ethnic/economic composition, Inose has said, “Islamic countries, the only thing they share in common is Allah and they are fighting with each other, and they have classes”. He also said that other countries lack “Tokyo’s excellent sense of hospitality”. Funny, that. As if Japan does not have classes of its own based upon economic clout or connections to a ruling elite.

And of course, there’s the frequent claim by Japan’s promoters of lack of infrastructure and development elsewhere. Never mind how that infrastructure doesn’t seem to be taking care of its hundreds of thousands of victims and homeless after the Tohoku Disasters more than two years afterwards. But you see, we’re not holding the Olympics in Fukushima. And we’ll take advantage of Fukushima by trying to claim a sympathy vote for Tokyo in their stead. Also never mind that unfettered discrimination against domestic minorities in a society also violates the Olympic Charter. So much to see when you scratch the surface.

There were some subsidiary arguments about Japan’s aging society, which Inose turned on their head to say that healthy seniors are the sign of a healthier society. That’s fine — that’s just boosterism. But then he violates IOC rules again by denigrating: “I’m sure people in Turkey want to live long. And if they want to live long, they should create a culture like what we have in Japan. There might be a lot of young people, but if they die young, it doesn’t mean much.”

See what I mean about a lack of sophistication? I guess the acorn doesn’t fall far from the tree (as Inose is an Ishihara Shintaro protege, and Ishihara is a bonafide bigot). Or else Inose has been so steeped in the dominant discourse of Japan being a unique and peerlessly rich, homogeneous, developed society, that he actually has come to believe it himself. Hence the blind spots cluttering his analysis. Put it down to the effects of being steeped in affluence and power.

As submitter MH notes about what he calls Inose’s “idiotic, xenophobic and downright racist comments”, “One doesn’t have to extrapolate too far to see how a racist landlord or real estate agency might feel a certain (ingrained) justification for banning foreigners.” Quite. So much for Japan’s “excellent sense of hospitality”.

https://www.debito.org/?p=11412

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5) Tangent on Sexual Minorities: Gay marriage trends worldwide, and how Japan’s Douseiaisha do it: Donald Keene’s marriage by Koseki adoption

Economist: On April 17th New Zealand became the 12th country to legalise gay marriage, though the law will not come into effect until August. Uruguay, too, has passed a similar bill that awaits the signature of the president before it becomes law. And in late March the American Supreme Court began hearing arguments in a case on the constitutionality of the Defence of Marriage Act, which restricts marriage to a man and a woman. In all these countries—and indeed in much of the West—opinion polls show public support for same-sex marriages.

Debito.org applauds this trend of legalizing gay marriage. Meanwhile Japan, as you can see above, to its credit has no law criminalizing homosexuality. It, however, does not permit gay marriages due to the vagaries of the Family Registry (Koseki) System. In short, only a wife and a husband by gender can create a married family unit. But as has been pointed out here on Debito.org before, people find ways to get around this. Gay couples, in order to pass on inheritance rights, adopt each other into the same family unit on the Koseki. The problem is for international couples that non-citizens cannot be listed on a Koseki as husband or wife.

So here is how LGBT foreigners can get around it: Naturalize and adopt. As Debito.org previously suggested might be the case, famous naturalized Japanese Donald Keene has done it, and recently gone public about it. Congratulations. He provides the template: Gay NJ who wish to marry Japanese and get the same inheritance rights should naturalize and adopt one another. Or else, barring naturalization, go overseas to a society more enlightened about Same-Sex Marriage and get married.

https://www.debito.org/?p=11433

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MORE STRAWS FOR THE CAMEL’S BACK

6) JT: Japan’s minimum retirement age to increase to 65 by 2025

Here’s something interesting for those of you working in Japan and intending to stay on until retirement. Those of you who have done the research (see also our HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS TO JAPAN) will know that (aside from a quickie lump-sum you can withdraw if you’ve only paid in for a few years and are leaving Japan) you have to pay into Japan’s mandatory pension system for 300 months (i.e., 25 years) or you don’t get anything back. Further, you can’t collect it until the mandatory retirement age, which was 60, but now has been raised to 61 and soon will be raised to 65, according to the Japan Times. So that means that even if you want to stop work early even after paying in for 300 months, you simply cannot collect. This is also assuming that, given the decreasing population and increasing pensioners, Japan’s pension system will even be solvent by the time you reach retirement age. Something to think about.

JT: From next month, when the 2013 fiscal year begins, the revised Law Concerning Stabilization of Employment of Older Persons takes effect, and the mandatory retirement age, defined as the minimum age for payout of social security pensions — last raised from 55 to 60 years in 1998 — will go up to 61, and then increase incrementally at the rate of one year of age every three years, until 2025, when the mandatory retirement age reaches 65.

https://www.debito.org/?p=11312

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7) Japan Times: “Student seeking Kyoto flat told: No foreigners allowed”, and how NJ tie themselves in mental knots

This JT article has been sent to me by lots of people and has stirred up quite a bit of debate in cyberspace. Frankly, I’m a little surprised (albeit happily) that this was in any way treated as news. I thought that this sort of thing was so normalized a practice that people largely ignored it, treated it as part of the background noise/inconvenience of living in a place like Japan. Kudos to the reporter and the Ryuugaku student for taking it up afresh.

It has always been to Debito.org’s great chagrin that we have no page (aside from some “pinprick protest” posts and solutions here, here, here, here, here, and here) dedicated to exclusionary businesses within the rental market. Partially because landlords don’t hang up a shingle saying “Japanese Only” that we can take a picture of to name and shame (like we can and have done for exclusionary businesses open to the public). Racist landlords can instead launder their discrimination through third parties like realtors, keeping incidents scattered and individualized and more or less on the downlow, and making Japan’s rental market a racialized minefield for NJ residents.

One thing that can be done (in the Ryuukoku University case mentioned in the JT article below) is for the university co-op to simply refuse to do business with or advertise apartments to anyone on campus for places with exclusionary practices or landlords. Deny them the lucrative student market. This has to be done systematically back to combat the systematic practices in place. This should be standard practice at all universities, and it is something students (Japanese and NJ) should push for. I know of one place that is considering doing so (more later). I look forward to Debito.org Readers sharing their stories of exclusionary landlords and realtors in the Comments Section. Do try to give names, places, and dates if you can. And if you have any visuals of clear exclusionary rules, please send them to me at debito@debito.org and I’ll find ways to include them with your comment.

Japan Times: After spending 2.5 years living the quiet life in buttoned-down Shiga Prefecture, Ryukoku University student Victor Rosenhoj was looking forward to moving into bustling central Kyoto, where things promised to be more lively and international. First, though, he needed to find a suitable apartment, so he picked up a copy of the student magazine, Ryudaisei No Sumai, from the cooperative store on campus… When he pointed to the apartment he was interested in, the shop manager told him that no foreigners were allowed to rent the place…

Rosenhoj said one of the things that surprised him the most was the “matter-of-fact way” the manager informed him that the apartment was off-limits to foreigners. After Rosehoj confronted the manager about the issue, he says he was somewhat apologetic about it, but at the same time dismissive of the idea that it could be construed as racial discrimination by a foreign customer.

https://www.debito.org/?p=11404

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8 ) RocketNews: Automatic PR Status awarded to grads of Kyoto universities? Positive proposal by Kyoto Governor that will come to naught

Kyoto Shimbun: On April 10, the [Governor] of Kyoto Keiji Yamada made public his intentions to appeal to the government to award overseas students who graduate from Kyoto [universities] with the right to permanent residence. It is a proposal entitled ‘Kyoto University Special Ward’ and also incorporates other supportive measures for foreign students. With a decrease in student intake within Japan in recent years, it is hoped that by providing incentives for academically skilled overseas students, Kyoto will not only be able to compete with other cities like Tokyo but will also be able to add a new lease of life to its cultural city….

With air of conviction, Kyoto’s [Governor] put his proposition to the panel: “What I’d like to ask you to consider is whether overseas students who graduate from Kyoto [universities] and take part in the city’s job training program can be given permanent resident status. I’d like to work with everyone in producing an effective policy.”

COMMENT: Interesting and very positive proposal, but it will come to naught, of course. Still, it shows how local governments are much more responsive to the needs of NJ than the central government (which is dominated by the control-the-borders-and-police-foreigners-only mindset of the Ministry of Justice). Although the central government occasionally deigns to listen to the locals (especially when they band together and say, “Our NJ residents need this!” as per the Hamamatsu Sengen of 2001), ultimately the regular blind spots prevail, and I think they will in this case too (as awarding PR is the job of the MOJ, not local governments).

https://www.debito.org/?p=11371

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9) Harbingers of further insularity: J international marriages way down, as are J students studying abroad

We have some more harbingers of Japan’s retreat into itself. International marriages are way down, and so are Japanese students studying abroad. First, check out this significant stat about international marriage: At last measurement, international marriage figures (in blue) have dropped by about 25% since their peak in 2006! (International divorce figures, in yellow, have crept up too.) I call it significant because it removes one of the fundamental means to Japan’s increased diversity. If Japan’s perennially low birthrate means fewer children, having fewer international marriages means probably fewer international Japanese children. And this will quite possibly lead to further marginalization of the “half” population as a temporary “blip” in international coupling (last seen as a “social problem” with the Postwar konketsuji mixed-blood children, publicly stigmatized for being “bastard children of prostitutes”; see Fish, Robert A. 2009. “‘Mixed-blood’ Japanese: A Reconsideration of Race and Purity in Japan.” Pp. 40-58 in Weiner, ed., Japan’s Minorities: The Illusion of Homogeneity. 2nd ed. Sheffield: Routledge.)

Next up, consider how Japanese students are not going overseas much (according to the Japan Times, they are being significantly outdistanced by, for example, the South Koreans and Chinese): That said, I’m a bit skeptical about whether this trend means a great deal, as I don’t think people who study abroad necessarily become more broad-minded or open to outside ideas (and Japanese society has structural mechanisms for marginalizing students who leave the system anyway). Moreover, the domestic discourse nowadays is finding ways to rationalize away the need, for example, to study a foreign language at all. Nevertheless, I would argue that these trends are not particularly good for Japan, as they are not only harbingers of insularity, but also encouraging even further insularity in addition to recent trends I have written about before.

https://www.debito.org/?p=11305

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10) TV Tokyo bangumi: “Why did you come to Japan?” interviews NJ arrivals at Narita, reifies mainstream media discourse of NJ as tourists, not residents

JDG: “Saw this story on Japan Today (link): It’s a story about a poster campaign to advertise a TV show where NJ straight off the plane are asked why they came to Japan. In the poster, ‘talent(less)’ J-celebs, and a variety of caricatured NJ are proffering answers (‘maid’ cafes, lolitas, etc). I think that there are two ways of looking at this: The first is that they are proceeding from the false assumption that all NJ in Japan are visitors who must be here for some uniquely crazy ‘Japanese’ experience that they can’t get at home, and plays into the myth that there are no NJ long term residents who are here because of their jobs, or family connections. Whilst ignorant and not very helpful for understanding the wide variety of NJ identities, it is a common enough mistake for the Japanese to make.

“However, my second thought is that this poster is an inadvertent and unintended insight into a darker aspect of Japanese psychology on the NJ issue. What if we suppose that this poster is not the product of some ignoramus who genuinely knows nothing of NJ realities in Japan, and believes the myth totally? What if this poster simply reflects a more widespread and deep rooted opinion that NJ shouldn’t be living in Japan because they have families or business here? What if the poster is deliberately not offering reasons such as ‘I’m here because I’m on the board or directors of (insert J-company here)’, or ‘I’m here to get my children back’, or ‘I’m here with the IAEA to inspect your reactors’? These are exaggerations, of course, but the point that I am making is that this poster in itself is a tool of devision, disenfranchisement, exclusion, subjugation, and othering. All that, and created with a lack of self-awareness in the process? A frightening indicator of the extent to which discrimination is normalized in japanese society.”

COMMENT: I would concur in particular with the aspect of maintaining the dominant discourse in Japan of NJ as “guests”, i.e., “temporary visitors, not residents”, mixed in with the shades of “Cool Japan” that helps Japanese society revalidate and even fetishize itself through foreigners. But when you look back a bit historically, there’s more editorial subterfuge here…

https://www.debito.org/?p=11353

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

11) Discussion: “Bignose” on Cute “Kobito-zukan” comic characters for kids and NJ control fantasies?

Bignose: …So the three of us were round our friend’s place where she cooked a lovely dinner and then she introduced us to a “must watch” waraibangumi called “Kobito-zukan”. I was very interested because as a father I monitor Japanese kids programs my wife wants to show our child quite closely, avoiding programs that I think are problematical (too cute, squealing, gender stereotypes and having very young performers, especially young girls, performing adult routines…and it’s not only my wife and I that find groups such as AKB48 extremely disturbing and problematic on many, many levels). I always try to balance out any media experiences my child has with Japanese media with alternatives in English, either from the U.S. or the UK, for example. As I watched it, I thought fine, fine, it looks like a decent story, very entertaining. But I wondered, why is this kiddies program so entertaining for adults? Why is it such a hit? My friend’s eye were glowing, and she was clearly getting very excited.

By the second minute I started to find the patronizing tone grating, largely because it reminds me of how I am still sometimes treated by Japanese people dealing with gaijin, you know as if we are some sort of stupid alien pets. Before I go any further, I’d like readers to look at the other pictures from the set of characters for this series: Notice anything?

Bignoses! They all look like that older grumpy University English teacher you had that you didn’t really like and had to put up with, with his strange alien ideas and his attitude problem at not playing the game and being “yasashii,” i.e. entertainment. They even have blackfaced “kokujin” characters with even bigger flatter noses and big lips. Where are the Asian characters? There are none.

As I watched further, more things fell into place. The lovable western looking kobito is lured into a world thinking he’s going to get his nice juicy peach, not knowing in fact that he’s going to be completely controlled as a lovable pet that is going to be patted and taken care of until his part is played… this to me seems all about appealing to the control fantasies of othering gaijin. Controllable kobito lovingly lured into traps by their own stupidity to be cared for and controlled and as entertainment for Japanese.

https://www.debito.org/?p=11003

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

… and finally…

12) Japan Times JUST BE CAUSE Col 62, Apr 2, 2013: “Tweak the immigration debate and demand an upgrade to denizen class” 

Tweak the immigration debate and demand an upgrade to denizen class
BY ARUDOU Debito
The Japan Times, Just Be Cause Column 62, published April 2, 2013
Courtesy http://www.japantimes.co.jp/community/2013/04/02/issues/tweak-the-immigration-debate-and-demand-an-upgrade-to-denizen-class/
Version with comments and links to sources at https://www.debito.org/?p=11327

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

That’s all for this month! Thanks as always for reading!

ARUDOU Debito
debito@debito.org, www.debito.org, Twitter arudoudebito
DEBITO.ORG NEWSLETTER MAY 13, 2013 ENDS

eBook GUIDEBOOK for RELOCATION and ASSIMILATION to JAPAN now on sale, US $19.99 or local currency equivalent

mytest

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Hello Blog.  I’m very pleased to announce the publication of my latest downloadable eBook:

Arudou Debito’s GUIDEBOOK for RELOCATION and ASSIMILATION into JAPAN (eBook for Amazon and NOOK, 2013)

rsz_finished_book_coverB&N

Price: $19.99 or local currency equivalent at Amazons worldwide (available also from Amazon Japan here currently for JPY 1979).  Also at Barnes & Noble for NOOK.

Here’s GUIDEBOOK’s synopsis:
=======================================
Are you interested in living in Japan? Not visiting as a tourist — actually living in Japan with a secure visa and a stable job. Would you like to set up your own business and found your own corporation? Or understand how Japan’s salary system or health insurance works? What Japan’s minimum labor standards are, and the legal differences between part-time and full-time employment? How to write a Last Will and Testament in Japan, or hold a culturally-sensitive funeral? Or would you like to give something back to Japan’s civil society by founding your own non-profits or NGOs?How about getting some advice on how to deal with some unexpected problems, such as handling workplace disputes, dealing with police, going to court, even going through a divorce? 

Would you like to become a Permanent Resident or even a Japanese citizen?

GUIDEBOOK will offer information on all this and more. Written by 25-year resident and naturalized Japanese citizen Arudou Debito, GUIDEBOOK’s information has been called “the fullest and consequently the best” by Japan Times Book Reviewer Donald Richie, and garnered praise from other Japan specialists such as John Lie, Jeff Kingston, and Alex Kerr.

GUIDEBOOK has been newly updated for 2013, to include the 2012 reforms to Japan’s Immigration Laws. Now for the first time in eBook format, GUIDEBOOK is here to help you with nuts-and-bolts advice to establish a good life in this wonderful country, Japan!
=======================================

GUIDEBOOK has been completely updated for 2013.  Similar information is available in English and Japanese at https://www.debito.org/handbook.html

Get a copy if you’re interested! On sale from yesterday, it’s already at this writing #9 on Kindle nonfiction eBooks on Japan.  Thanks everyone!  ARUDOU Debito

JDP: Abe criticizes rise of hate speech in Japan, calls it “dishonorable” and counter to “The Japanese Way of thinking”. My, how disingenuous.

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Hi Blog. We now have the xenophobic public demonstrations talked about previously on Debito.org, which had slogans such as “Kill the Koreans!” in Tokyo and “start a Tsuruhashi Massacre like the Nanking Massacre!” in Osaka, being debated and decried in Japan’s political circles. Witness this article fresh from the Asahi (translation mine):

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

Justice Minister Tanigaki “Filled with Concern” over Hate Speech
The Asahi Shimbun, May 9, 2013, courtesy of MS

On May 9, the issue of the Zaitokukai’s repeated demos containing hate speech, calling for people to “Kill the Koreans”, was taken up in the Upper House’s Judicial Committee. The Zaitokukai are a citizens’ group seeking to deny “special privileges” to Zainichi lifetime NJ residents of Japan. Justice Minister Tanigaki Sadakazu said, “I am filled with concern. This runs directly counter to the course of a civilized nation.”

The answer was in response to a question by PM Arita Yoshifu of the opposition DPJ.  In regards to next steps, Tanigaki limited his statement to, “This is extremely worrisome because it is related to freedom of expression.  I wish to observe most carefully to see whether it leads to sentiments of racial discrimination.”

As for those who gave permission to a discriminatory demo, the National Police Agency said, “According to the Public Safety Ordinance, we cannot deny permission because demo’s slogans become coarse/vulgar (soya) or rough (ranbou).  If there is something concretely illegal under the law, we can take measures.”

ENDS

2013年5月9日 朝日新聞
ヘイトスピーチ「憂慮に堪えない」 谷垣法相
http://www.asahi.com/national/update/0509/TKY201305090289.html

「在日特権を許さない市民の会」(在特会)などの団体が「朝鮮人を殺せ」と連呼するヘイトスピーチ(憎悪表現)デモを繰り返している問題が、9日の参院法務委員会でとり上げられた。谷垣禎一法相は「憂慮に堪えない。品格ある国家という方向に真っ向から反する」と語った。

民主党の有田芳生氏の質問に答えた。今後の対応については「表現の自由との関係で、誠に悩ましい。人種差別感情をあおるものになるのか、注視してゆきたい」と述べるにとどめた。

差別的なデモが許可されていることについて、警察庁は「公安条例では、デモの主張が粗野、乱暴だという理由では不許可にできない。具体的な違法行為があれば対処する」とした。
ENDS

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

Comments have also come from the top:

==========================================
Japan’s PM Abe criticizes rise of hate speech in country
Japan Daily Press, posted on MAY 8, 2013 by JOHN HOFILENA, courtesy of JK
http://japandailypress.com/japans-pm-abe-criticizes-rise-of-hate-speech-in-country-0828468

Japanese Prime Minister Shinzo Abe expressed his concern on the increase of hate speech in the country in an Upper House Budget Committee session on May 7. The premier criticized the hate-mongering that has become rampant on the internet and in specific areas around the nation, adding that the hate these people show is dishonoring Japan.

“It is truly regrettable that there are words and actions that target certain countries and races,” Abe was quoted as saying. This was the prime minister’s response to a question from Democratic Party of Japan lawmaker Kan Suzuki, who pointed out that demonstrations in the Koreatowns of Tokyo’s Shin-Okubo district and Osaka’s Tsuruhashi district have been marred by such vitriol and race-specific hate. Protesters have been shouting, “Kill the Koreans”, or that “Koreans are cockroaches”, and “Koreans go home, you do not belong here!” Abe called on the Japanese people to show the courtesy that has been the trademark of the nation. “I believe that the Japanese respect harmony and should not be people who exclude others,” Abe said. “The Japanese way of thinking is to behave politely and to be generous and modest at any time,” he added.

Abe himself has been caught in recent issues where his specific words have caused angry reactions from South Korea and China. This is with regards to his views about Japan’s role in World War II, saying that the term “aggressor” can be defined in different ways from different points of view. South Korea has specifically made strong diplomatic reactions, asking Japan to apologize and the international community to exert pressure for Abe to retract what he said.

Abe concluded that those who are spreading hate speech – online or offline – do not represent the Japanese people. He also specifically said that it was his intention to restrict hateful comments posted on his official Facebook page. “It’s completely wrong to put others down and feel as if we are superior,” he said. “Such acts dishonor ourselves.”

ENDS

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

COMMENT FROM DEBITO:  Although I am happy that the LDP is saying that these hateful tendencies are a bad thing, there are two tendencies that should be noted.  One is that these are reactive, not active, stances by the governing parties.  These clear and powerful acts of hate speech happened months ago, and now we’re just getting to them during question time, in response to opposition questions?  Far too slow.  The LDP should have denounced this behavior immediately if it ran so counter to what PM Abe can so cocksurely say is not “The Japanese Way of Thinking”.  (And given that these people are legislators, where is the proposal for a law against it?)

The other is Abe’s disingenuousness.  Abe might now say that those who are disseminating this kind of hate speech “do not represent the Japanese people”.  Yet these right-wing haters are precisely Abe’s support base.  As I discussed in my articles in the Japan Times (“Keep Abe’s hawks in check or Japan will suffer“, February 4, 2013) and on Japan Focus (“Japan’s Rightward Swing and the Tottori Prefecture Human Rights Ordinance.” Asia-Pacific Journal, Vol. 11, Issue 9, No. 3. March 4, 2013), Abe has been intimately involved with the Sakura TV crowd, for years now advocating all manner of hateful invective towards NJ, particularly Japan’s neighbors and domestic NJ residents.  Abe is thus talking out of both sides of his mouth here.

Especially in regards to issues of his Facebook page mentioned above, which exists to help rally support amongst the Internet Neto Uyo Rightist crowd.  Consider this academic treatment by scholar Tessa Morris-Suzuki in Japan Focus, excerpted:

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

The Asia-Pacific Journal, Volume 11, Issue 8, No. 1, February 25, 2013.

FREEDOM OF HATE SPEECH; ABE SHINZO AND JAPAN’S PUBLIC SPHERE  ヘイトスピーチ(憎悪発言)の自由ー安倍晋三と日本の公共空間

Tessa Morris-Suzuki

Facebook Friends to the Rescue: Mobilizing the Otakusphere

After a rather slow start, a number of Japanese politicians have taken to social media with great enthusiasm. Among them is the nationalistic mayor of Osaka, Hashimoto Toru, who issues an unending series of tweets on his policies and general view of the world, and caused particular controversy last year with a series of rambling tweets on the “comfort women” issue, in which he denounced the 1993 Kono apology and expressed support for Abe Shinzo’s position on the “comfort women”. 7 Abe himself has also responded most enthusiastically to the political opportunities created by the Internet age. He was quick to create a personal website, and has maintained a Facebook page since well before his recent election. He or his personal secretary post comments on the page almost every day, and it boasts over 4,800 Facebook friends and more than 230,000 followers.

On 22 December 2012, six days after the election which returned Abe to the prime ministership, NHK devoted its evening prime time to a discussion program about the election results and the implications of the new government for Japan. The participants in the program were the Secretary-General of Abe’s ruling party, Ishiba Shigeru, the head of the government’s coalition partner, Yamaguchi Natsuo, three university professors and an economist from the influential think tank the Japan Research Institute. NHK invited viewers to send in questions that they would like to have raised during the discussion.

About two hours before the program went to air, Abe’s secretary posted a message on the prime minister’s Facebook page mobilizing its friends and followers to action. The secretary slammed the “bias” of NHK and warned readers that the forthcoming program would be a “clean sweep of Abe bashing”. The web link, email address and fax number of the program were included in the post, and Abe’s friends and followers were urged to bombard the program with messages. The secretary’s message also made derogatory comments about the discussion program’s panelists, describing one (University of Tokyo political scientist Fujiwara Kiichi) as being “famous for saying that ‘the five abductees who came home to Japan should be sent straight back to North Korea”‘. 8 (8 See here, post dated 22 December 2012 (accessed 15 January 2013).)

 

Very far from being a “clean sweep of Abe bashing”, the program proved to be very much like most other political discussions on the public broadcaster. The early questions were directed to the two government-party politicians, who were allowed a substantial share of the air time, and much of the discussion centred around positive suggestions on the need (for example) to listen to the voices of the young and to address the problems of Japan’s aging population. Questions were raised, among other things, about the content of the government’s proposed large-scale public work’s programs, but the criticism was so calm and reasoned that it would require an unusually thin skin to be offended by it.

Later the same evening, after the program had gone to air, the Prime Minister added his own comment to his secretary’s post, describing the program’s participants (other, presumably than Ishiba and Yamaguchi) as “too low-level” (osomatsu sugi). One panelist was described as being “beyond the pale”, and of two others, the Prime Minister wrote that they should be “ashamed to show their faces in public”. 9 (9 See here, comment by Abe Shinzo, 21.59, 22 December 2012 (accessed 15 January 2013).)

Shortly afterwards, Professor Fujiwara posted a mildly worded response on Twitter, pointing out that he has never said or written that Japanese abductees should be returned to North Korea. Energetic efforts by at least one pro-Abe website to prove him wrong ended in failure 10 (10 See here (accessed 20 January 2013)), but meanwhile his supposed “statement” on the abduction issue (which in the Japanese context is roughly the equivalent of an American politics professor expressing support for Al Qaida) was circulating like wildfire through Japan’s right wing blogosphere.

Neither Abe nor his secretary has apologized for or revised the comment about Fujiwara, which still remains on the Prime Minister’s Facebook page. No opposition politician and no national newspaper or TV station in Japan has questioned the Prime Minister’s use of Facebook to libel an academic public commentator. Nor did any of them discuss the propriety of the Prime Minister’s Facebook page being used to post a misleading description of a TV discussion program, with the intention of inciting readers to inundate the program with pro-government comments.

The Abe Facebook message can be read as a calculated warning to any Japanese media outlet or commentator proposing to express doubts at government policy that they are likely face officially sanctioned harassment and vilification. In the Internet age, direct intervention by politicians in the media is no longer needed; they can get their Facebook friends to do it for them.

Full article at http://www.japanfocus.org/-Tessa-Morris_Suzuki/3902

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

In sum, if Abe wants to keep harping on about “honor” (whatever that means), I think he should be looking at himself and his political activities in the mirror.  These hate-speech activities are a direct result of the political machinations of his political ilk, if not him personally.  That a man could exist in such a powerful position in government not once, but twice, says indicative things about Japan’s view of “honor”, and about the Japanese public’s tolerance of disingenuousness.  Arudou Debito

Tangent on Sexual Minorities: Gay marriage trends worldwide, and how Japan’s Douseiaisha do it: Donald Keene’s marriage by Koseki adoption

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Hi Blog.  Today I’d like to take readers on a bit of a tangent, as this blog tends to focus on minorities in Japan in terms of “race”, social, or national origin.  We don’t talk much about Sexual Minorities, such as the LGBT communities in Japan (particularly the Douseiaisha, Japanese for Homosexuals), and how they are missing out on the wave of legalized gay marriage worldwide.  Consider this from The Economist:

====================================
economistgaymarriage042213

Daily chart
Altared states
Apr 22nd 2013, 14:40 by Economist.com
http://www.economist.com/blogs/graphicdetail/2013/04/daily-chart-14?fsrc=scn/fb/wl/dc/altaredstate
More countries legalise gay marriage

TENS of thousands of people thronged the streets of Paris at the weekend to protest against a gay-marriage bill that is set for a second reading in the National Assembly on April 23rd. They are unlikely to stop its passage. The bill, which is an election pledge by the Socialist president, François Hollande, was passed by a large majority at its first reading in February despite fierce opposition organised by conservative and Catholic groups. France is not the only country where gay marriage has been on the legislative or judicial agenda in recent weeks. On April 17th New Zealand became the 12th country to legalise gay marriage, though the law will not come into effect until August. Uruguay, too, has passed a similar bill that awaits the signature of the president before it becomes law. And in late March the American Supreme Court began hearing arguments in a case on the constitutionality of the Defence of Marriage Act, which restricts marriage to a man and a woman. In all these countries—and indeed in much of the West—opinion polls show public support for same-sex marriages.
ENDS
====================================

Debito.org applauds this trend of legalizing gay marriage.  Meanwhile Japan, as you can see above, to its credit has no law criminalizing homosexuality.  It, however, does not permit gay marriages due to the vagaries of the Family Registry (Koseki) System.  In short, only a wife and a husband by gender can create a married family unit.

But as has been pointed out here on Debito.org before, people find ways to get around this.  Gay couples, in order to pass on inheritance rights, adopt each other into the same family unit on the Koseki.  The problem is for international couples that non-citizens cannot be listed on a Koseki as husband or wife.

So here is how LGBT foreigners can get around it:  Naturalize and adopt.  As Debito.org previously suggested might be the case, famous naturalized Japanese Donald Keene has done it, and recently gone public about it:

====================================
ドナルド・キーンさんが養子縁組 三味線奏者の上原さんと
Sports Nippon, April 30, 2013, courtesy of Mumei
http://www.sponichi.co.jp/society/news/2013/04/30/kiji/K20130430005714360.html

日本文学研究者のドナルド・キーンさん(90)が、浄瑠璃三味線の奏者、上原誠己さん(62)と養子縁組したことが30日、分かった。キーンさんが29日、新潟市内で行った講演で明らかにした。

誠己さんによると、キーンさんが日本国籍取得を表明した2011年春ごろから養子縁組の話が持ち上がり、昨年3月に正式に「キーン誠己」となった。

06年11月、誠己さんが古浄瑠璃について教えを請うためにキーンさんを訪問して交流が始まった。大英博物館で台本が発掘された人形浄瑠璃「弘知法印御伝記」を09年、約300年ぶりに復活上演した際も、キーンさんの助言を受けた。

誠己さんは「五世鶴沢浅造」として長年公演に出演。1997年に故郷の新潟市に戻り、家業の酒造会社を手伝いながら、三味線の指導や奏者の活動を続けた。

現在は東京都内でキーンさんと同居し、スケジュール管理や食事作りなどに携わる。誠己さんは「健康管理をしっかりやり、多忙な先生を支えたい」と話している。
ENDS
====================================

Congratuations, Don.  Seriously.  May you accomplish all the goals that remain before you in the years left to you.  My only requests, as I have made several times before, are that 1) you do not make a pandering show of it as some kind of “solidarity with the Japanese” kinda thing; and 2) you do not denigrate others (i.e., NJ, by insinuating statistically incorrectly that NJ are less likely to be loyal to Japan (as “Flyjin”) or more likely to be criminals).  Clearly the real reason you naturalized was a lot less selfless than you portray (which is fine, but let’s have a bit less public self-aggrandizing and self-hugging, please).  It is unbecoming of a person of your stature in Japan-related academia.

Anyway, that’s the template for how you do it.  Gay NJ who wish to marry Japanese and get the same inheritance rights should naturalize and adopt one another.  Or else, barring naturalization, go overseas to a society more enlightened about Same-Sex Marriage and get married.  Bonne chance.  Arudou Debito

NYT Editorial: Japan’s “Unnecessary Nationalism”, re the trappings of GOJ’s rightward swing

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Hi Blog.  Here’s a tight little editorial from the NYT, focusing on Japan’s “unnecessary” geopolitical disputes.  This is before the issue of the LDP’s constitutional reform proposals have come up, injecting an even more insidious and invidious degree of nationalism.  No doubt we’ll get a good treatment of the latter issue by constitutional scholars on places like Japan Focus, so I’ll save blog space for then.  I’m just glad that the dangers Debito.org has been advising the media about are sinking in overseas — which is good, as it’s the only way that Japan’s unaccountable ruling elite will possibly be deterred from their path away from excoriating “Western democracy” as something anathema to “Japanese values”.  Arudou Debito

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EDITORIAL
Japan’s Unnecessary Nationalism
By THE EDITORIAL BOARD, New York Times
Published: April 23, 2013, Courtesy of AS
http://www.nytimes.com/2013/04/24/opinion/japans-unnecessary-nationalism.html

Since taking over as Japan’s prime minister in December, Shinzo Abe and his conservative Liberal Democratic Party have been juggling a packed agenda of complicated issues, including reviving the country’s economy, coping with the aftermath of the 2011 earthquake and tsunami and managing prickly relations with neighbors like North Korea. Stirring up extraneous controversy is counterproductive, but that’s exactly what he and his nationalist allies in Parliament have done.

On Tuesday, a group of 168 mostly low-ranking conservative lawmakers visited the Yasukuni Shrine in central Tokyo, which honors Japan’s war dead, including several who were executed as war criminals after World War II. It was the largest mass visit by Parliament in recent memory. The Japanese news media said that Mr. Abe didn’t visit the shrine, instead sending a ritual offering, but his deputy prime minister and two other ministers made a pilgrimage there over the weekend. He has a record of defending Japan’s conduct during World War II.

Mr. Abe and his allies know well what a deeply sensitive issue this is for China and South Korea, which suffered under Japan’s 20th-century empire-building and militarism, and the reaction was predictable. On Monday, South Korea canceled a visit to Japan by its foreign minister and China publicly chastised Japan. On Tuesday, tensions were further fueled when Chinese and Japanese boats converged on disputed islands in the East China Sea.

Japan and China both need to work on a peaceful solution to their territorial issues. But it seems especially foolhardy for Japan to inflame hostilities with China and South Korea when all countries need to be working cooperatively to resolve the problems with North Korea and its nuclear program.

Instead of exacerbating historical wounds, Mr. Abe should focus on writing Japan’s future, with an emphasis on improving its long-stagnant economy and enhancing its role as a leading democracy in Asia and beyond.

ENDS