Asahi: Supreme Court backs stripping children of Japanese nationality if parents lapse in registering their births abroad

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Hi Blog.  I just found this in my “drafts” folder, and I apologize for not getting to it sooner.

Debito.org has mentioned before how creative judicial interpretations of Japan’s Nationality Law Article 12

(which states, in toto: “A Japanese national who was born in a foreign country and has acquired a foreign nationality by birth shall lose Japanese nationality retroactively as from the time of birth, unless the Japanese national clearly indicates his or her volition to reserve Japanese nationality according to the provisions of the Family Registration Law (Law No.224 of 1947))

are a) systematically stripping children born to mixed-nationality couples of their Japanese citizenship simply for bureaucratic expedience (for if both parents were Japanese nationals, Article 12 did not apply); and b) effectively absolving Japanese men from taking responsibility for sowing their wild oats abroad (item 8).

Now according to the ruling reported to below, it looks like Article 12 now does apply even if both parents are Japanese nationals — you have three whole months to get registered, otherwise you clearly aren’t a real Japanese.  Except that in the case cited, the exclusionism is again being enforced on mudblood kids simply because their parents slipped up with proper procedure.

It remains unclear if a Japanese mother who gives birth overseas (and would hitherto automatically retain Japanese nationality for her child) and does not register her child would void the Japanese citizenship, but the intent of the interpretation below is basically to prevent dual nationality, not honor jus sanguinis ties under the law.  So this looks to be an affirmation and expansion of the 2012 Tokyo District Court case, a reversal of the 2008 Supreme Court case, moreover expanded to both parents regardless of nationality.

This is what can happen if you dare give birth outside of the motherland and legally acquire a suspicious second passport.  Dr. ARUDOU, Debito

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Top court backs repeal of Japanese nationality due to parents’ lapse abroad
Asahi Shinbun March 11, 2015 By TAKAAKI NISHIYAMA/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201503110080

The Supreme Court confirmed that authorities can revoke the Japanese nationality of children born outside Japan whose parents fail to submit the proper paperwork within three months of their babies’ births.

The top court’s ruling on March 10 said Article 12 of the Nationality Law, which defines the procedures to maintain Japanese nationality, does not violate the Constitution.

As a result of the ruling, 15 female and male children born in the Philippines to Japanese fathers married to Filipino mothers have lost their Japanese nationality. They had argued that the article was irrational and discriminatory against Japanese born abroad.

The Nationality Law stipulates that if either parent of a baby born outside Japan is a Japanese national, the child will automatically acquire Japanese nationality and can also obtain the nationality of the country of birth.

But the parents must submit a notification to a Japanese administrative institution within three months of the baby’s birth to maintain the Japanese nationality, according to Article 12 of the law.

In the top court’s first ruling on the constitutionality of the provision, Takehiko Otani, presiding justice of the court’s Third Petty Bench, said, “The legislative purpose (of Article 12) designed to avoid dual nationality is rational and constitutional.”

According to the plaintiffs, their Japanese nationality was revoked because their parents did not know about the provision and failed to submit the documents to Japanese authorities within the designated three-month period.

The Supreme Court said Article 12 is “not irrational nor discriminatory against people born overseas” because it gives the parents three months to submit the notification.

The top court also noted another provision in the law, which allows such children to obtain Japanese nationality before they reach 20 years old if they notify authorities that have a permanent address in Japan.

ENDS

More public-policy bullying of NJ: LDP Bill to fine, imprison, and deport NJ for “fraud visas” (gizou taizai), e.g., visa “irregularities” from job changes or divorces

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Hi Blog. Some more wicked policy is in the pipeline, giving the government (and the general public) even more discretion to target NJ for criminal penalty.

Consider the policy below in the Japan Times article, creating a new form of criminal called “gizou taizaisha” (“bogus visa holder” in the translation, but more in the spirit would be “fraudulent visa holder”).  This has been discussed on Debito.org before in the context of fabricating a foreign crime wave (where despite statistically plummeting for many years now, the police can still claim foreign crime is rising because in Japan it allegedly “cannot be grasped through statistics”).

Naturally, this issue only applies to NJ, and this means more racial profiling.  But for those of you who think you’re somehow exempt because you’re engaged in white-collar professions, think again.

Immigration and the NPA are going beyond ways to merely “reset your visa clock” and make your visa more temporary based on mere bureaucratic technicalities.  This time they’re going to criminalize your mistakes, and even your lifestyle choices.

Read the article below and consider the permutations that are not fully covered within it:

Which means you’re more likely stuck in whatever dead-end profession or relationship (and at their whim and mercy).  For if you dare change something, under this new Bill you might wind up arrested, interrogated in a police cell for weeks, convicted, fined, thrown in jail, and then deported in the end (because you can’t renew your visa while in jail).  Overnight, your life can change and all your investments lost in Japan — simply because of an oversight or subterfuge.

Source for these issues at Higuchi & Arudou’s bilingual HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS TO JAPAN.  NJ in Japan already have very few protected human or constitutional rights as it is.  This law proposes taking away even more of them, and empowering the Japanese police and general public to target and bully them even further.  Dr. ARUDOU, Debito

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Immigration crackdown seen as paving the way for state to expel valid visa-holders
The Japan Times, August 19, 2015 (excerpt), courtesy lots of people

[…] Prime Minister Shinzo Abe’s government has submitted a bill to revise the immigration control law that will stiffen the crackdown on individuals it views as an emerging threat to public safety.

While it is unclear whether the bill will be passed during the current Diet session that ends in late September, lawyers and activists warn it is intended to give authorities leeway to weed out foreigners they consider “undesirable.”

Not only that, the envisaged law is so broadly defined that its impact could in reality extend to any foreigners who have mishandled their paperwork in applying for visas, they said, adding it even risks stoking xenophobia among the Japanese public.

The revision takes aim at what the government tentatively calls bogus visa holders, or giso taizai-sha (those staying under false visa status). The government has no official definition for them, but the term typically refers to foreigners whose activity is out of keeping with their visa status.

“The tricky thing about them is that they are outwardly legal,” immigration official Tomoatsu Koarai said, adding they possess a legitimate visa status and therefore are registered on a government database as legal non-Japanese residents.

Examples include “spouses” of Japanese nationals married under sham marriages, “engineers” whose job has nothing to do with engineering, and “exchange students” who no longer engage in academic activities after facing expulsion, the Justice Ministry said. Unlike visa overstayers, whose illegal status is clear-cut, these bogus visa holders theoretically remain legal until they are apprehended and have their visas revoked.[…]

Under the current framework, bogus immigrants are stripped of their visa if apprehended, but they face no criminal penalty, although they will either be deported immediately or instructed to return home within a month, depending on the circumstances.

The law, if enacted, will subject those who obtained or renewed visas through “forgery and other unjust measures” to criminal penalties, including up to three years’ imprisonment and/or a maximum fine of ¥3 million. The ministry believes imposing criminal penalties will serve as a deterrent.

The envisaged law will also expand the scope of foreigners subject to visa revocation.

Currently, foreign residents are allowed to retain their visa for three months after stopping their permitted activities. The bill calls for scrapping this three-month rule and ensuring that foreigners who discontinue their activities forfeit their residency status the instant they are caught engaging in something different or “planning to do so.” […]

Lawyer Koji Yamawaki, for one, pointed out that requirements for criminal penalties were too broad.

Similar court rulings in the past suggest the phrase “forgery and other unjust measures” does not just refer to cases involving obvious deception and mendacity, he said. It could also include simple missteps on the part of foreigners in filling out application forms, such as failing to notify immigration beforehand of some minor facts concerning their life in Japan, he said.

“For example, it’s often the case foreigners applying for a working visa don’t inform immigration of the fact they live together with someone they are not legally married to, because they thought the information was not relevant. But the reality is many of these omissions have been deemed by immigration serious enough to revoke one’s visa,” Yamawaki said.

What’s worse, after the law’s enactment, these minor lapses could not only cost foreigners their residency status, but hold them criminally liable.

“The point is, under the intended law, even if you’re not being actively deceitful, you could still be prosecuted for simply not mentioning facts that immigration wanted to be aware of — no matter how irrelevant and trivial they may be. The law is that broad,” the lawyer said. […]

One such example is technical interns who work under a state-backed foreign traineeship program called the Technical Intern Training Program.

Under the discredited initiative, allegations are rife that interns have been underpaid, forcedly overworked and abused sexually and verbally by unscrupulous employers. Fed up with subpar wage standards, a record 4,851 interns fled their workplaces in 2014, according to Justice Ministry data.

As the ministry acknowledges, these “runaways” will be considered in violation of the envisaged law once it takes effect, too, because — technically speaking — they no longer are fulfilling their duties as “technical interns” as per their visas.

Full article at
http://www.japantimes.co.jp/news/2015/08/19/national/crime-legal/immigration-crackdown-seen-paving-way-state-expel-valid-visa-holders/
ENDS

Morris-Suzuki in East Asia Forum: “Abe’s WWII statement fails history 101”. Required reading on GOJ’s subtle attempts at rewriting East Asian history incorrectly

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Hi Blog. I had a couple of other topics to bring up (for example, this one), but this essay was too timely and important to pass up. Required reading. First the analysis, then the full original statement by PM Abe being analyzed.  Dr. ARUDOU, Debito

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Abe’s WWII statement fails history 101
East Asia Forum, 18 August 2015
Author: Professor Tessa Morris-Suzuki, ANU
Version with links to sources at http://www.eastasiaforum.org/2015/08/18/abes-wwii-statement-fails-history-101/

As the clock ticked down to the 70th anniversary of the end of the Asia Pacific War, Japanese Prime Minister Shinzo Abe faced a dilemma. His right-wing supporters were pushing him to produce a commemorative statement that would move away from the apologetic approach of his predecessors and ‘restore Japan’s pride’. Moderates, Asian neighbours and (most importantly) the US government were pushing him to uphold the earlier apologies issued by former prime ministers Tomiichi Murayama and Junichiro Koizumi. Most of the media anticipation centred around the wording of the forthcoming Abe statement. Would it, like the Murayama Statement of 1995 and the Koizumi Statement of 2005, include the words ‘apology’ (owabi) and aggression (shinryaku)?

Abe’s response to this dilemma was clever. First, he established a committee of hand-picked ‘experts’ to provide a report locating Japan’s wartime past in the broad sweep of 20th-century history. Then, drawing heavily on their report, he produced a statement that was more than twice the length of those issued by his predecessors. His statement, to the relief of many observers, did use the words ‘apology’ and ‘aggression’. In fact, it is almost overladen with all the right words: ‘we must learn from the lessons of history’; ‘our country inflict immeasurable damage and suffering’; ‘deep repentance’; ‘deep remorse and heartfelt apology’; ‘we will engrave in our hearts the past’.

But, focusing on the vocabulary, some observers failed to notice that Abe had embedded these words in a narrative of Japanese history that was entirely different from the one that underpinned previous prime ministerial statements. That is why his statement is so much longer than theirs. So which past is the Abe statement engraving in the hearts of Japanese citizens?

The story presented in Abe’s statement goes like this. Western colonial expansionism forced Japan to modernise, which it did with remarkable success. Japan’s victory in the Russo–Japanese War gave hope to the colonised peoples of the world. After World War I, there was a move to create a peaceful world order. Japan actively participated, but following the Great Depression, the Western powers created economic blocs based on their colonial empires. This dealt a ‘major blow’ to Japan. Forced into a corner, Japan ‘attempted to overcome its diplomatic and economic deadlock through the use of force’. The result was the 1931 Manchurian Incident, Japan’s withdrawal from the League of Nations, and everything that followed. ‘Japan took the wrong course and advanced along the road to war’.

The narrative of war that Abe presents leads naturally to the lessons that he derives from history. Nations should avoid the use of force to break ‘deadlock’. They should promote free trade so that economic blocs will never again become a cause of war. And they should avoid challenging the international order.

The problem with Abe’s new narrative is that it is historically wrong. This is perhaps not surprising, since the committee of experts on whom he relied included only four historians in its 16 members. And its report, running to some 31 pages, contains less than a page about the causes and events of the Asia Pacific War.

In effect, the Abe narrative of history looks like an exam script where the student has accidentally misread the question. He has answered the question about the reasons for Japan’s invasion of Manchuria with an answer that should go with the question about the reasons for the attack on Pearl Harbor.

There is widespread consensus that the immediate cause for Japan’s attack on Pearl Harbor was the stranglehold on Japan created by imperial protectionism and economic blockade by the Western powers. But there is equal consensus that the reasons for the Japanese invasion of Manchuria in 1931, and for the outbreak of full-scale war in China in 1937, were different and much more complex.

Key factors at work in 1931 were the troubled relationship between the Japanese military and the civilian government; Japan’s desire for resources, transport routes and living space; rising nationalism in an economically and socially troubled Japan; and corruption and instability in Northeastern China. By the time Japan launched its full scale invasion of China in 1937, global protectionism was becoming a larger issue. But even then, other issues like Japan’s desire to protect its massive investments in China from the rising forces of Chinese nationalism were paramount.

Economic historians note that the Japanese empire was the first to take serious steps towards imperial protectionism. The slide into global protectionism had barely started at the time of the Manchurian Incident. Britain did not create its imperial preference system until 1932. The economic blockade that strangled the Japanese economy in 1940–41 was the response to Japan’s invasion of China, not its cause.

This is not academic quibbling. These things really matter, and vividly illustrate why historical knowledge is vital to any understanding of contemporary international affairs.

The Abe narrative of history fails to address the causes and nature of Japan’s colonisation of Taiwan (in 1895) and Korea (in 1910), and ignores the large presence of Japanese troops in China long before 1931. It says to China: ‘Sorry we invaded you, but those other guys painted us into a corner’. It offers an untenable explanation for Japan’s actions, and blurs the distinction between aggressive and defensive behaviour. Western media commentators who haven’t studied Japanese history may not pick up these flaws in the narrative, but Chinese and South Korean observers (who have their own, sometimes profoundly problematic, versions of this history) will instantly see them and rightly object.

Engraving a factually flawed story of the past in people’s hearts is not going to solve East Asia’s problems, and risks making them worse. Worse still, the Abe statement is generating deeply divergent responses in the countries where East Asian history is not widely taught (most notably the United States) and those where it is (South Korea, China and Japan itself), thus creating even deeper divisions in our already too divided world.

Professor Tessa Morris-Suzuki is an ARC Laureate Fellow based at the School of Culture, History and Language, at the College of Asia and the Pacific at The Australian National University.
ENDS
=======================================

OFFICIAL TRANSLATION OF ABE SHINZO’S STATEMENT

Statement by Prime Minister Shinzo Abe
Friday, August 14, 2015
http://japan.kantei.go.jp/97_abe/statement/201508/0814statement.html

On the 70th anniversary of the end of the war, we must calmly reflect upon the road to war, the path we have taken since it ended, and the era of the 20th century. We must learn from the lessons of history the wisdom for our future.

More than one hundred years ago, vast colonies possessed mainly by the Western powers stretched out across the world. With their overwhelming supremacy in technology, waves of colonial rule surged toward Asia in the 19th century. There is no doubt that the resultant sense of crisis drove Japan forward to achieve modernization. Japan built a constitutional government earlier than any other nation in Asia. The country preserved its independence throughout. The Japan-Russia War gave encouragement to many people under colonial rule from Asia to Africa.

After World War I, which embroiled the world, the movement for self-determination gained momentum and put brakes on colonization that had been underway. It was a horrible war that claimed as many as ten million lives. With a strong desire for peace stirred in them, people founded the League of Nations and brought forth the General Treaty for Renunciation of War. There emerged in the international community a new tide of outlawing war itself.

At the beginning, Japan, too, kept steps with other nations. However, with the Great Depression setting in and the Western countries launching economic blocs by involving colonial economies, Japan’s economy suffered a major blow. In such circumstances, Japan’s sense of isolation deepened and it attempted to overcome its diplomatic and economic deadlock through the use of force. Its domestic political system could not serve as a brake to stop such attempts. In this way, Japan lost sight of the overall trends in the world.

With the Manchurian Incident, followed by the withdrawal from the League of Nations, Japan gradually transformed itself into a challenger to the new international order that the international community sought to establish after tremendous sacrifices. Japan took the wrong course and advanced along the road to war.

And, seventy years ago, Japan was defeated.

On the 70th anniversary of the end of the war, I bow my head deeply before the souls of all those who perished both at home and abroad. I express my feelings of profound grief and my eternal, sincere condolences.

More than three million of our compatriots lost their lives during the war: on the battlefields worrying about the future of their homeland and wishing for the happiness of their families; in remote foreign countries after the war, in extreme cold or heat, suffering from starvation and disease. The atomic bombings of Hiroshima and Nagasaki, the air raids on Tokyo and other cities, and the ground battles in Okinawa, among others, took a heavy toll among ordinary citizens without mercy.

Also in countries that fought against Japan, countless lives were lost among young people with promising futures. In China, Southeast Asia, the Pacific islands and elsewhere that became the battlefields, numerous innocent citizens suffered and fell victim to battles as well as hardships such as severe deprivation of food. We must never forget that there were women behind the battlefields whose honour and dignity were severely injured.

Upon the innocent people did our country inflict immeasurable damage and suffering. History is harsh. What is done cannot be undone. Each and every one of them had his or her life, dream, and beloved family. When I squarely contemplate this obvious fact, even now, I find myself speechless and my heart is rent with the utmost grief.

The peace we enjoy today exists only upon such precious sacrifices. And therein lies the origin of postwar Japan.

We must never again repeat the devastation of war.

Incident, aggression, war — we shall never again resort to any form of the threat or use of force as a means of settling international disputes. We shall abandon colonial rule forever and respect the right of self-determination of all peoples throughout the world.

With deep repentance for the war, Japan made that pledge. Upon it, we have created a free and democratic country, abided by the rule of law, and consistently upheld that pledge never to wage a war again. While taking silent pride in the path we have walked as a peace-loving nation for as long as seventy years, we remain determined never to deviate from this steadfast course.

Japan has repeatedly expressed the feelings of deep remorse and heartfelt apology for its actions during the war. In order to manifest such feelings through concrete actions, we have engraved in our hearts the histories of suffering of the people in Asia as our neighbours: those in Southeast Asian countries such as Indonesia and the Philippines, and Taiwan, the Republic of Korea and China, among others; and we have consistently devoted ourselves to the peace and prosperity of the region since the end of the war.

Such position articulated by the previous cabinets will remain unshakable into the future.

However, no matter what kind of efforts we may make, the sorrows of those who lost their family members and the painful memories of those who underwent immense sufferings by the destruction of war will never be healed.

Thus, we must take to heart the following.

The fact that more than six million Japanese repatriates managed to come home safely after the war from various parts of the Asia-Pacific and became the driving force behind Japan’s postwar reconstruction; the fact that nearly three thousand Japanese children left behind in China were able to grow up there and set foot on the soil of their homeland again; and the fact that former POWs of the United States, the United Kingdom, the Netherlands, Australia and other nations have visited Japan for many years to continue praying for the souls of the war dead on both sides.

How much emotional struggle must have existed and what great efforts must have been necessary for the Chinese people who underwent all the sufferings of the war and for the former POWs who experienced unbearable sufferings caused by the Japanese military in order for them to be so tolerant nevertheless?

That is what we must turn our thoughts to reflect upon.

Thanks to such manifestation of tolerance, Japan was able to return to the international community in the postwar era. Taking this opportunity of the 70th anniversary of the end of the war, Japan would like to express its heartfelt gratitude to all the nations and all the people who made every effort for reconciliation.

In Japan, the postwar generations now exceed eighty per cent of its population. We must not let our children, grandchildren, and even further generations to come, who have nothing to do with that war, be predestined to apologize. Still, even so, we Japanese, across generations, must squarely face the history of the past. We have the responsibility to inherit the past, in all humbleness, and pass it on to the future.

Our parents’ and grandparents’ generations were able to survive in a devastated land in sheer poverty after the war. The future they brought about is the one our current generation inherited and the one we will hand down to the next generation. Together with the tireless efforts of our predecessors, this has only been possible through the goodwill and assistance extended to us that transcended hatred by a truly large number of countries, such as the United States, Australia, and European nations, which Japan had fiercely fought against as enemies.

We must pass this down from generation to generation into the future. We have the great responsibility to take the lessons of history deeply into our hearts, to carve out a better future, and to make all possible efforts for the peace and prosperity of Asia and the world.

We will engrave in our hearts the past, when Japan attempted to break its deadlock with force. Upon this reflection, Japan will continue to firmly uphold the principle that any disputes must be settled peacefully and diplomatically based on the respect for the rule of law and not through the use of force, and to reach out to other countries in the world to do the same. As the only country to have ever suffered the devastation of atomic bombings during war, Japan will fulfil its responsibility in the international community, aiming at the non-proliferation and ultimate abolition of nuclear weapons.

We will engrave in our hearts the past, when the dignity and honour of many women were severely injured during wars in the 20th century. Upon this reflection, Japan wishes to be a country always at the side of such women’s injured hearts. Japan will lead the world in making the 21st century an era in which women’s human rights are not infringed upon.

We will engrave in our hearts the past, when forming economic blocs made the seeds of conflict thrive. Upon this reflection, Japan will continue to develop a free, fair and open international economic system that will not be influenced by the arbitrary intentions of any nation. We will strengthen assistance for developing countries, and lead the world toward further prosperity. Prosperity is the very foundation for peace. Japan will make even greater efforts to fight against poverty, which also serves as a hotbed of violence, and to provide opportunities for medical services, education, and self-reliance to all the people in the world.

We will engrave in our hearts the past, when Japan ended up becoming a challenger to the international order. Upon this reflection, Japan will firmly uphold basic values such as freedom, democracy, and human rights as unyielding values and, by working hand in hand with countries that share such values, hoist the flag of “Proactive Contribution to Peace,” and contribute to the peace and prosperity of the world more than ever before.

Heading toward the 80th, the 90th and the centennial anniversary of the end of the war, we are determined to create such a Japan together with the Japanese people.

August 14, 2015
Shinzo Abe, Prime Minister of Japan
ENDS

Thoughts: How does a society eliminate bigotry? Through courts and media, for example. Not waiting for it to “happen naturally”. Two case studies.

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Hi Blog. One of the age-old debates about how to eliminate racial discrimination in Japan is a matter of process. Do you wait for society to soften up to the idea of people who are (and/or look) “foreign” being “Japanese”, or do you legislate and force people to stop being discriminatory? Critics of anti-discrimination activists often recommend that the latter apply the brakes on their social movement and wait for society in general to catch up — as in, “You can’t force people by law to be tolerant.”

Well, yes you can. History has shown that without a law (be it a US Civil Rights Act, a UK Race Relations Act, etc.)  and active media campaigns to force and foment tolerance, it doesn’t necessarily occur naturally. As we have seen in the Japanese example, which is approaching the 20th Anniversary of its signing the UN Convention on the Elimination of Racial Discrimination without keeping its promise to pass a law against racial discrimination.

I submit to Debito.org Readers two interesting case studies of how tolerance towards a) same-sex marriage, and b) transgender issues have been promoted in the American example. The speed at which LGBT tolerance and legal equality in many areas of American society has been breathtaking. Why have walls come tumbling down so fast? One case is with the US Supreme Court, which earlier this year found itself in a position to rule same-sex marriage constitutional because any other position would have been bigotry. Excerpt from a National Public Radio interview, dated July 2, 2015, on Fresh Air with Terry Gross:

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

Was This Past Supreme Court Session ‘A Liberal Term For The Ages’?
NPR Fresh Air July 02, 2015

Full transcript at http://www.npr.org/templates/transcript/transcript.php?storyId=419468563
[…]
GROSS: This is FRESH AIR. And if you’re just joining us, my guest is Adam Liptak, the Supreme Court correspondent for The New York Times. And we’re talking about the term that just wrapped up. Now, we’ve been talking about the marriage equality decision. And something that you wrote I found so interesting about this, which is that a lot of law firms wouldn’t touch the anti-marriage equality side. Why not?

LIPTAK: Among a large number of Americans, and certainly Americans on the coast and certainly Americans who come from, call it elite backgrounds – you know, from the fancy colleges and law schools – and certainly what Justice Scalia in a memorable phrase called lawyers who work in high-rise buildings, this issue is done. There’s only one side to it, and the other side is pure bigotry. So that told you something about where at least the legal culture – the mainstream legal culture – was on this question. And, you know, that’s a contrast to, say, Brown V Board of Education, where the leading appellate lawyer of his day, John Davis, one of the founders of the prominent New York firm Davis Polk, argued in favor of segregated schools – or at least that the court should not stop them. So that was a change in the culture that was yet another indication that the court was going to come out the way it did.

GROSS: And it sounds like it was a business decision too – because you write that a lot of law firms were afraid if they took the position against marriage equality that they would lose clients, and they would have a difficult time attracting good lawyers to their firm. Those are business decisions.

LIPTAK: So that is absolutely true as a factual matter. The firms would say this is a matter of principle for them, and they didn’t take account of business realities. But we do have, you know, one example from just a few years ago, where quite possibly the best Supreme Court advocate of our day, Paul Clement, agreed to represent Congress – shouldn’t be a particularly controversial client – in defending the Defense of Marriage Act, which denied federal benefits to married same-sex couples. His firm essentially fired him for agreeing to represent Congress in trying to persuade the court to uphold a duly enacted law signed by President Clinton. So that tells you that this is – this is something where the firms were not inclined to take these cases.

GROSS: So do you think that the marriage equality decision lays the groundwork to opening up gay rights in other areas where it is still in question?

LIPTAK: It’s a huge and important and transformative victory. But in some ways, it’s symbolic and partial because much of the nation still doesn’t have laws against discriminating against gay and lesbian people. So in much of the nation, you can get married in the morning and fired in the afternoon from your job for being gay – and then denied housing because you’re gay. So the court decision only does so much and is limited to marriage. And unless legislatures act to impose general laws against sexual orientation discrimination, the work of the gay rights movement is not yet done. It’s a funny thing, that you get to marriage first and job discrimination later. […]

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COMMENT: The point is that the proponents of marriage equality (sic — note the terminology) managed to frame the debate in such a way that eventually there was no choice but to support one side (people arguing formerly-normal positions even lost their job), and nobody COULD support the other side without looking bigoted. And that came through in the formal interpretation of the law.  In Japan, however, as proven time and time again by the bigots who cloak their bigotry in nationalism and “culture” (see here and here for example), bigotry is still a tenable position.

The other item of interest is from Entertainment Weekly (which may seem to some a laughable source, but they write very good articles on the power and flow of media). Consider the process they describe in their special LGBT issue that came out last June:

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

The transition will be televised
Subtitle: In an era of increasing inclusiveness, TV proves once again to be media’s most effective agent of social change, this time by sharing rich stories about the transgender community
By Mark Harris
Entertainment Weekly Magazine, June 12 2015 (excerpt)
Full article at http://www.ew.com/article/2015/06/12/transition-will-be-televised

A sports figure comes out as transgender, and the general public is riveted by her story, which is met with everything from bigotry to curiosity to empathy. All at once, the subject seems to be everywhere from op-ed pages to dinner-table conversations. Transgender stories – this time fictional – start to gain a toehold in popular culture. The highest-rated sitcom on network TV takes some tentative steps toward exploring the fluidity of gender identity by having a gay cross-dressing performer as a recurring character. A popular medical drama wins an Emmy nomination for a two-part episode about a doctor who undergoes gender-reassignment surgery.

The year is 1976. Transgender Americans are, for the first time, having a moment. And then interest subsides. The caravan moves on. And the moment is over. How did it take 39 years for us to get all the way back to the starting line?

[…]
Minority representation on TV has always come in phases. Phase 1 is absence – or worse, stereotype. In Phase 2, minorities appear briefly, usually to teach majority characters life lessons or allow them to demonstrate tolerance, and then recede again. In Phase 3 – where we are now – they finally start to get their own stories told. Phase 4 – the characters stick around just because we’re interested in them – is on the near horizon. Phase 5 – we don’t have to write stories like this anymore – is farther off.

It’s not a shock that most of the trans narratives we’re seeing in 2015 are filtered through (or at least share screen time with) the perspective of non-transgender characters. Transparent and Becoming Us are as much about the kids as the parents, and as refreshing as it is to see trans characters woven into the ensembles of Orange Is the New Black and Sense8, there’s no escaping the fact that a large part of why they’re there is specifically to promote understanding – they’re a vehicle for communicating. That’s great, and essential, but it shouldn’t be confused with the finish line—which would be a pop cultural world in which trans people are simply part of the fabric and not used as devices. If you doubt how hard that goal is to reach on TV, consider that gay people, who outnumber trans people by roughly 10 to 1 in the national population, are still struggling for that kind of representation, and that a host of ethnic minorities (particularly Asians and Latinos) continue to fight for the day when they can turn on the TV and routinely see people who look like them.

In that regard, who’s behind the camera may matter at least as much as who’s in front of it. It’s not a coincidence that the most racially diverse prime-time lineup on any network – ABC’s Thursday-night roster of Grey’s Anatomy, Scandal, and How to Get Away With Murder – is overseen by a black woman, or that Will & Grace was co-created by a gay man, or that fictional Ellen’s coming-out was tied to real Ellen’s desire to tell her own truth. There’s no substitute for having someone in the room to whom the subject matters – it’s a corrective, it’s an incentive, and it’s a truth detector.

The 1976 flicker of interest in trans issues didn’t last because it was, though well-intentioned, not strong enough to combat an immense set of prevailing prejudices. This time, it might take root, not just because attitudes have changed, but because the current approach is less touristic and more firsthand. One of the creators of Sense8, Lana Wachowski, is trans. Transparent’s writer-director-creator Jill Soloway has a trans father. If Sophia seems like an exceptionally multidimensional trans character, that’s in part because Laverne Cox is on the scene. As she has noted, “It’s really important that trans folks are in positions of power in terms of creating our stories. I think that’s vital.” Orange Is the New Black creator Jenji Kohan has argued that a good writer should be able to write any character with truth and depth, and she’s right. But it’s an important breakthrough that there are now a handful of people in positions of power with a deep and personal investment in making sure TV gets this right. Four decades ago, we got off to a false start. Now, better late than never, we’re off to a good one. ENDS

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COMMENT:  The lesson here is that there are stages of “softening up a society”, but what’s crucial is that people who can best promote the tolerance, as in those affected by the intolerance, must be in a position of power within the media structures in order to get their message out.  As I have argued elsewhere, NJ and Visible Minorities are so shut out of Japanese media that they simply cannot do that.  They are seen as basically nonexistent entities in Japanese society both within and without (including outside scholarship on Japan).

All of these things will be discussed in greater detail in my forthcoming book, Embedded Racism:  Japan’s Visible Minorities and Racial Discrimination in Japan, out November.  Stay tuned.  Dr. ARUDOU, Debito

Mainichi: Unequal treatment for foreign and/or foreign-residing A-bomb victims? Supreme Court decision due Sept. 8

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Hi Blog. Continuing with historical reflection on the 70th anniversary of the end of WWII-Pacific and the dropping of the atomic bombs, let me turn the keyboard over to Debito.org Reader JK for an interesting insight, this time quite germane to the aims of Debito.org.  Let’s see what ruling gets handed down next month.  Dr. ARUDOU, Debito

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

August 11, 2015
JK: Hi Debito. Here’s something you may not have considered — unequal treatment for foreign and/or foreign-residing A-bomb victims.  From the article below:

“But separate from the law, the government sets an upper limit on financial medical aid to foreign atomic bomb sufferers.”

And this:

“Similar lawsuits were filed with district courts in Hiroshima and Nagasaki, but the two courts rejected the demands from A-bomb sufferers living outside Japan.”

Finally:

“I want them (Japanese authorities) to treat us the same way as they do to A-bomb sufferers in Japan no matter where we live.”

There’s obviously plenty of fodder here for a blog entry on debito.org, but putting that aside for the moment, there’s something subtle I noticed when reading the article, specifically, this:

2014年6月の大阪高裁判決は、援護法について「国の責任で被爆者の救済を 図る国家補償の性格がある。国外での医療費を支給対象から除外するこ とは合 理的ではない」などと認定。

In its June 2014 ruling, the Osaka High Court said that the Atomic Bomb Survivors’ Support Law “has an attribute of state reparations in which the state is required to take responsibility to give aid to A-bomb survivors. It is not reasonable to exclude medical expenses incurred abroad from the list of medical costs to be covered by the state.”

Did you catch it?

It’s this: reasonableness / unreasonableness as the basis for legal opinion (i.e. unreasonable exclusion of foreign medical expenses).

Does this ring a bell for you? I sure hope so!

If not, you may recall the legal opinion of a one Mr. Keiichi Sakamoto with regard to unreasonable discrimination

Now, I am no lawyer, but the problem I see with using the notion of reasonableness / unreasonableness in this way is that it leaves the door open to abuse (e.g. there may be a scenario where excluding medical expenses incurred abroad by foreign A-bomb victims is, in the opinion of the court, reasonable, or discrimination by an onsen refusing to admit NJ *is* reasonable, etc.)

At any rate, here are the references. Regards, JK

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

http://mainichi.jp/english/english/newsselect/news/20150811p2a00m0na005000c.html
Supreme Court likely to rule in favor of Korean A-bomb sufferers over medical costs
The Mainichi Shinbun, August 11, 2015

The Supreme Court has decided to rule Sept. 8 on a lower court decision revoking the 2011 Osaka Prefectural Government’s decision not to cover the medical costs of South Korean survivors of the Hiroshima atomic bombing who received medical treatment in South Korea.

The Third Petty Bench of the Supreme Court is likely to uphold the Osaka High Court’s decision on the case as it has not held any hearings necessary to review the high court’s ruling that Japanese authorities must cover all medical expenses for A-bomb sufferers residing abroad.

The plaintiffs are a Korean who returned to South Korea after surviving the Hiroshima atomic bombing and relatives of two other now-deceased Korean A-bomb sufferers. Although the South Korean A-bomb survivors had received an Atomic Bomb Survivor’s Handbook, the Osaka Prefectural Government turned down their applications for provision of medical expenses incurred in South Korea. The plaintiffs have demanded that the Osaka Prefectural Government scrap its decision to refuse to pay them the medical costs, among other requests.

In its June 2014 ruling, the Osaka High Court said that the Atomic Bomb Survivors’ Support Law “has an attribute of state reparations in which the state is required to take responsibility to give aid to A-bomb survivors. It is not reasonable to exclude medical expenses incurred abroad from the list of medical costs to be covered by the state.” The Osaka High Court upheld the October 2013 Osaka District Court’s decision that called for payment of all medical costs and turned down an appeal from the Osaka Prefectural Government.

The state has been covering all medical expenses for A-bomb sufferers residing in Japan under the Atomic Bomb Survivors’ Support Law. But separate from the law, the government sets an upper limit on financial medical aid to foreign atomic bomb sufferers. Such being the case, A-bomb sufferers living abroad have argued that the government’s support for them is not enough.

According to the Ministry of Health, Labor and Welfare, there were about 4,300 A-bomb sufferers living abroad who had an Atomic Bomb Survivor’s Handbook as of the end of March 2015. Similar lawsuits were filed with district courts in Hiroshima and Nagasaki, but the two courts rejected the demands from A-bomb sufferers living outside Japan.

The South Korean plaintiffs are likely to win the lawsuit being fought in Osaka over whether the provision for medical expense coverage stipulated in the Atomic Bomb Survivors’ Support Law applies to A-bomb sufferers living abroad. Supporters for A-bomb sufferers abroad said A-bomb victims and their bereaved families overseas had felt relieved after hearing the news. But because the district courts in Hiroshima and Nagasaki handed down opposite rulings over similar lawsuits, supporters for foreign A-bomb victims are calling for quickly removing the disparity in medical support between the victims in Japan and those abroad considering the years passed since the atomic bombings.

The plaintiffs in the lawsuit filed in Osaka are Lee Hong-hyon, a 69-year-old South Korean man, and relatives of two other South Korean A-bomb sufferers who already passed away. They filed applications with the Osaka Prefectural Government to receive medical expenses incurred in South Korea. But the prefectural government turned down their applications, saying that medical expenses incurred overseas cannot be covered. Therefore, the South Koreans decided to file the lawsuit.

Junko Ichiba, 59-year-old chair of the Association of Citizens for the Support of South Korean Atomic Bomb Victims, conveyed the latest development to the South Korean plaintiffs on the evening of Aug. 10. Ichiba quoted Lee Hong-hyon as saying, “I want them (Japanese authorities) to treat us the same way as they do to A-bomb sufferers in Japan no matter where we live.”

People concerned with the lawsuits in Hiroshima and Nagasaki expressed hope that the Osaka case would have a positive effect on the cases in Hiroshima and Nagasaki. Keizaburo Toyonaga, a 79-year-old A-bomb sufferer who heads the Hiroshima branch of the “Citizens’ Association for Helping Korean A-bomb Survivors,” said, “I am very pleased. The Atomic Bomb Survivors’ Support Law should be revised as soon as possible.” Nobuto Hirano, co-representative of a Nagasaki-based liaison support group for A-bomb victims overseas, said, “It is good news. The state should revise the system promptly.” The group provides support to plaintiffs in the Nagasaki case.
ENDS

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在外被爆者医療費:「全額支給」確定へ9月8日最高裁判決
http://mainichi.jp/select/news/20150811k0000m040074000c.html

被爆者援護法の医療費支給規定が海外に住む被爆者に適用されるかが争われた訴訟の上告審で、最高裁第3小法廷(岡部喜代子裁判長)は判決期日を9月8日に指定した。高裁の判断を見直す際に必要な弁論を開いておらず、在外被爆者の医療費の全額支給を認めた大阪高裁判決が確定する見通しとなった。

原告は、広島で被爆し韓国に帰国した被爆者や死亡した被爆者の遺族ら。被爆者健康手帳の交付を受けたが、韓国での医療費の支給申請を大阪府に却下され、処分の取り消しなどを求めていた。

2014年6月の大阪高裁判決は、援護法について「国の責任で被爆者の救済を図る国家補償の性格がある。国外での医療費を支給対象から除外することは合理的ではない」などと認定。医療費の全額支給を認めた1審・大阪地裁判決(13年10月)を支持し、府側の控訴を棄却していた。

国は援護法に基づいて、国内の被爆者に医療費を全額支給している。しかし在外被爆者については援護法とは別枠で上限を設けて医療費を助成し、在外被爆者らは「不十分だ」と訴えていた。

厚生労働省によると被爆者健康手帳を持つ在外被爆者は3月末現在で約4300人。広島、長崎両地裁でも同種の訴訟が起こされていたが、在外被爆者側の請求を棄却(いずれも控訴)しており、司法判断が分かれていた。【山本将克】

mainichi081015

ENDS

==========================================
— UPDATE: GOOD NEWS. DEBITO

Supreme Court rules hibakusha overseas are entitled to full medical expenses
BY TOMOHIRO OSAKI STAFF WRITER
THE JAPAN TIMES, SEP 8, 2015
http://www.japantimes.co.jp/news/2015/09/08/national/crime-legal/supreme-court-rules-hibakusha-overseas-entitled-full-medical-expenses/

Tangent: Japan Imperial Rescripts declaring war and surrendering: Interesting (and scary) documents in terms of narrative

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Hi Blog. On the eve of the 70th Anniversary of the end of WWII-Pacific, a little tangent:

On display at Hamilton Library at the University of Hawaii at Manoa are original copies of Japan’s Imperial Rescripts declaring war and surrendering. I think they make interesting reading in terms of the narrative they embed themselves within. Have a look:

Imperial Rescript Declaring War on The United States and Great Britain, December 8, 1941 (photo of document):
ImperialRescriptDeclareWar1941

Text (courtesy Wikipedia):

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

IMPERIAL RESCRIPT

By the grace of Heaven, Emperor of Japan [Emperor Shōwa], seated on the throne occupied by the same dynasty from time immemorial, enjoin upon ye, Our loyal and brave subjects:

We hereby declare War on the United States of America and the British Empire. The men and officers of Our Army and Navy shall do their utmost in prosecuting the war. Our public servants of various departments shall perform faithfully and diligently their respective duties; the entire nation with a united will shall mobilize their total strength so that nothing will miscarry in the attainment of Our war aims.

To ensure the stability of East Asia and to contribute to world peace is the far-sighted policy which was formulated by Our Great Illustrious Imperial Grandsire [Emperor Meiji] and Our Great Imperial Sire succeeding Him [Emperor Taishō], and which We lay constantly to heart. To cultivate friendship among nations and to enjoy prosperity in common with all nations, has always been the guiding principle of Our Empire’s foreign policy. It has been truly unavoidable and far from Our wishes that Our Empire has been brought to cross swords with America and Britain. More than four years have passed since China, failing to comprehend the true intentions of Our Empire, and recklessly courting trouble, disturbed the peace of East Asia and compelled Our Empire to take up arms. Although there has been reestablished the National Government of China, with which Japan had effected neighborly intercourse and cooperation, the regime which has survived in Chungking, relying upon American and British protection, still continues its fratricidal opposition. Eager for the realization of their inordinate ambition to dominate the Orient, both America and Britain, giving support to the Chungking regime, have aggravated the disturbances in East Asia. Moreover these two Powers, inducing other countries to follow suit, increased military preparations on all sides of Our Empire to challenge Us. They have obstructed by every means Our peaceful commerce and finally resorted to a direct severance of economic relations, menacing gravely the existence of Our Empire. Patiently have We waited and long have We endured, in the hope that Our government might retrieve the situation in peace. But Our adversaries, showing not the least spirit of conciliation, have unduly delayed a settlement; and in the meantime they have intensified the economic and political pressure to compel thereby Our Empire to submission. This trend of affairs, would, if left unchecked, not only nullify Our Empire’s efforts of many years for the sake of the stabilization of East Asia, but also endanger the very existence of Our nation. The situation being such as it is, Our Empire, for its existence and self-defense has no other recourse but to appeal to arms and to crush every obstacle in its path.

The hallowed spirits of Our Imperial Ancestors guarding Us from above, We rely upon the loyalty and courage of Our subjects in Our confident expectation that the task bequeathed by Our forefathers will be carried forward and that the sources of evil will be speedily eradicated and an enduring peace immutably established in East Asia, preserving thereby the glory of Our Empire.

[Added to Wikipedia entry, with different date:  “In witness whereof, we have hereunto set our hand and caused the Grand Seal of the Empire to be affixed at the Imperial Palace, Tokyo, this seventh day of the 12th month of the 15th year of Shōwa, corresponding to the 2,602nd year from the accession to the throne of Emperor Jimmu.”  (Released by the Board of Information, December 8, 1941. Japan Times & Advertiser)]

Japanese original in thumbnail (click to see full size):

ImperialRescriptDeclareWarJ

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COMMENT:  I’m always intrigued by the formality of documents like these.  One would have thought that a declaration of war would simply state, in essence, “We declare war on you, so kindly get your citizens and diplomatic missions out of our lands and prepare yourself for the loss of life, territory, and resources.”  It’s interesting that they have to offer a series of justifications, as if persuasion is necessary (aren’t declarations of war unilateral, regardless of whether the other side understands why they’re about to be attacked?).  It’s also interesting that the justifications being offered are,  a) we had no choice because we were victims of Allied subterfuge all around us, b) we are victims of machinations to stop us from doing what we wanted to do abroad, and c) we were the peaceniks here, not you unconciliatory jerks.  Declaring war is the only means left for Japan’s survival.  Now, nearly three-quarters of a century later, undercurrents of Japan’s current narrative about WWII still reflect these tenets (e.g., herehere, and here).

And one more thing:  Look at the photo and note who’s signing it.  Aside from the usual suspects, there’s KISHI Nobusuke, a Class-A War Criminal.  How the hell did he escape execution for doing something this public and then go on to be a Postwar Prime Minister?

Now let’s consider the Imperial Rescript signaling Japan’s surrender in 1945 (the Gyokuon Housou, read in part by the Emperor and broadcast on August 15, 1945; photo of document:)

ImperialRescriptSurrender2

 

Text (courtesy Wikipedia):

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

To Our Good and loyal subjects:

After pondering deeply the general trends of the world and the actual conditions obtaining in Our Empire today, We have decided to effect a settlement of the present situation by resorting to an extraordinary measure.

We have ordered Our Government to communicate to the Governments of the United States, Great Britain, China and the Soviet Union that Our Empire accepts the provisions of their Joint Declaration.

To strive for the common prosperity and happiness of all nations as well as the security and well-being of Our subjects is the solemn obligation which has been handed down by Our Imperial Ancestors, and which We lay close to heart. Indeed, We declared war on America and Britain out of Our sincere desire to secure Japan’s self-preservation and the stabilization of East Asia, it being far from Our thought either to infringe upon the sovereignty of other nations or to embark upon territorial aggrandisement. But now the war has lasted for nearly four years. Despite the best that has been done by every one — the gallant fighting of military and naval forces, the diligence and assiduity of Our servants of the State and the devoted service of Our one hundred million people, the war situation has developed not necessarily to Japan’s advantage, while the general trends of the world have all turned against her interest. Moreover, the enemy has begun to employ a new and most cruel bomb, the power of which to do damage is indeed incalculable, taking the toll of many innocent lives. Should we continue to fight, it would not only result in an ultimate collapse and obliteration of the Japanese nation, but also it would lead to the total extinction of human civilization. Such being the case, how are We to save the millions of Our subjects; or to atone Ourselves before the hallowed spirits of Our Imperial Ancestors? This is the reason why We have ordered the acceptance of the provisions of the Joint Declaration of the Powers.

We cannot but express the deepest sense of regret to Our Allied nations of East Asia, who have consistently cooperated with the Empire towards the emancipation of East Asia. The thought of those officers and men as well as others who have fallen in the fields of battle, those who died at their posts of duty, or those who met with untimely death and all their bereaved families, pains Our heart night and day. The welfare of the wounded and the war-sufferers, and of those who have lost their home and livelihood, are the objects of Our profound solicitude. The hardships and sufferings to which Our nation is to be subjected hereafter will be certainly great. We are keenly aware of the inmost feelings of all ye, Our subjects. However, it is according to the dictate of time and fate that We have resolved to pave the way for grand peace for all the generations to come by enduring the unendurable and suffering what is insufferable.

Having been able to safeguard and maintain the structure of the Imperial State, We are always with ye, Our good and loyal subjects, relying upon your sincerity and integrity. Beware most strictly of any outbursts of emotion which may endanger needless complications, or any fraternal contention and strife which may create confusion, lead ye astray and cause ye to lose the confidence of the world. Let the entire nation continue as one family from generation to generation, ever firm in its faith of the imperishableness of its divine land and mindful of its heavy burden of responsibilities, and the long road before it. Unite your total strength to be devoted to the construction for the future. Cultivate the ways of rectitudes; foster nobility of spirit; and work with resolution so as ye may enhance the innate glory of the Imperial State and keep place which the progress of the world.

Japanese original in thumbnail (click to see full size):

ImperialRescriptSurrenderJ

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

COMMENT:  Even more intrigue, as the word “surrender” was never used in the document.  Just a capitulation that Japan will do what their enemies told them to do.  But then we go on to the boilerplate justifications all over again that Japan engaged in war for self defense, not because of any territorial ambitions, but rather because we subjects emancipated ourselves with Japan’s assistance.   Only now we have the new spin of victimhood as “general trends of the world” turned against Japan and somebody dropped “a new and most cruel bomb”.  So out of respect for our dead and our ancestors, and for the greater peace (not to mention the safety and maintenance of the Imperial State), we leaders of Japan have decided that you subjects should stop fighting.  Not that we did anything wrong, of course.  Or even surrendered.  So, all ye survivors, put all that behind you and work towards, again, enhancing the innate glory of the Imperial State.  Therein lies the roots of the “Japan as postwar victim” narrative, only now with The Bomb woven in.

Fast forward to the present day:  The Showa Emperor goes on to live a long and unquestioned life, many of the ancestors of the ruling elite are still in power (as you know, current PM Abe is Kishi’s grandson), and resurgent are Japan’s rightist revisionist views as the last remaining surviving Imperial Subjects of that era wink out due to old age.

The point is, the designers of these documents have managed to keep their legacy alive to the present day.  That’s why they are interesting:  Upon reading, the Rescripts don’t resonate as the “What the hell were they thinking?” sort of thing when horrible ideas are consigned to the ash-heap of history.   In fact, they don’t seem all that out of place at all.  “The past is a foreign country: they do things differently there” doesn’t seem to apply here.  Which is, quite frankly, scary.  Dr. ARUDOU, Debito

Japan Times: Debate on anti-discrimination bill begins in Diet; sadly, doomed to failure

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Hi Blog.  Something important is going on here.  Comment follows article excerpt:

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

Debate on anti-discrimination bill begins in Diet
BY REIJI YOSHIDA
THE JAPAN TIMES, AUG 4, 2015

The Diet started deliberations Tuesday on a bill that would ban racial discrimination, including harassment and hate speech, and oblige the government to draw up anti-discrimination programs that report every year to lawmakers.

The bill, submitted to the Upper House by opposition lawmakers, was crafted to cope with a recent rise in discrimination against non-Japanese, in particular ethnic Koreans.

However, it does not have punitive provisions and whether it will ever be enacted remains unclear, as lawmakers of the ruling Liberal Democratic Party reportedly remain reluctant to support the proposal.

The Democratic Party of Japan, the Social Democratic Party and independent Upper House member Keiko Itokazu jointly submitted the bill.

Speaking in the Lower House in February, Prime Minister Shinzo Abe emphasized that racial discrimination, including hate speech, should never be tolerated in Japan.

But at the same time, he indicated he is reluctant to push for a new law, saying the government instead will use existing laws to deal with discrimination and promote enlightenment and educational activities.

“First, the government will properly apply existing laws to eradicate hate speech and racial discrimination,” Abe told the Lower House Budget Committee.

However, as Komeito lawmaker Toru Kunishige pointed out during that committee session, current laws apply only to defamation and insults against specific individuals, and not to hate speech against unspecified people of a racial group.

In August last year, the U.N. Committee on the Elimination of Racial Discrimination urged the Japanese government to regulate hate speech by law, following a rise in racist demonstrations mainly targeting Korean residents.

The Upper House bill would ban:

Unjustifiable discrimination based on race.

Insults and harassment because of the race of a person.

Use of discriminatory and abusive language and activities in public against unspecified people of a certain race. […]

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Rest of the article at http://www.japantimes.co.jp/news/2015/08/04/national/politics-diplomacy/debate-anti-discrimination-bill-begins-diet/

COMMENT FROM DEBITO:  Well, I’m heartened that somebody in Japanese politics these days still cares about the plight of Japan’s minorities, particularly its Visible Minorities in particular, who will be affected by, as the opposition Democratic Party of Japan put it, “racial discrimination” (jinshu sabetsu).  Good to see that term resurfacing in the letter of the law.

(Here’s the proposal from the DPJ website, in Japanese.)

Sadly,

  1. The DPJ hasn’t a snowball’s chance of getting this passed.  The numbers simply aren’t there given the Liberal Democratic Party coalition’s overwhelming majority in both houses of the Diet.  And,
  2. It’s already front-loaded for failure, what with:
  3. a) the caveats of “unjustifiable discrimination based upon race” (ah, it’s so sad that there are concessions made for the obviously “justifiable” examples of racial discrimination in Japanese society), and
  4. b) the lack of any punitive measures for offenders.  In other words, the same old law that has no enforcement power, such as the Equal Employment Opportunities Law that has not affected the equal employment of women (in terms of equalizing salaries) one jot in Japan.

Anyway, I’ve tried doing something like this in the past (now over a decade ago; how time flies).  I think it’ll probably end up just as ignored.  Nice try DPJ, and I salute you for it.  It’s a pity you’ve already added the caveats that will void the bill even before it’s killed in debate.  Dr. ARUDOU, Debito

Japan Times JBC 90: “Claiming the right to be Japanese AND more”, Aug 3, 2015

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Hi Blog.  Thanks to everyone for reading and commenting to my next Japan Times JBC Column 90, disputing the discourse that people 1) have to “look Japanese” in order to be “Japanese”, and 2) cannot be Japanese AND something else (such as a different nationality, “race”, or ethnicity).  I make the case that many things such as these, once ascribed from birth, are now a matter of personal choice — and that person must claim it (in the face of constant identity policing) in order to own it.

As noted in the column, this think piece is grounded in a debate I had earlier this month regarding an incident with a bank teller in Canada who expressed incredulity at me having a Japanese passport.  Thanks for making it the most-read article on the JT Online for two days again this month.  Dr. ARUDOU, Debito

PS:  Sneak preview of the article’s illustration, by Adam Pasion:

DebitoJT0803151

JUST BE CAUSE
justbecauseicon.jpg

Claiming the right to be Japanese AND more

By Dr. ARUDOU, Debito
JUST BE CAUSE column 90 for the Japan Times Community Page
August 3, 2015
http://www.japantimes.co.jp/community/2015/08/02/issues/claiming-right-japanese/ 

“A Japanese passport? You don’t look Japanese.”

I get this all the time. Understandably: Most people don’t expect a Caucasian to have Japanese citizenship.

It’s just a shame they so carelessly articulate their surprise. No matter where I go, a natural curiosity about my background soon turns into vocalized judgment.

“What an unusual name. Where are you from?”
Me: “Japan” (or, “Born in the U.S., lived in Japan,” if I’m feeling chatty).
Their most common response: “But you don’t look Japanese.”

Or Customs and Immigration at any border: “What’s with the Japanese passport?”
“I’m a naturalized Japanese citizen.”
Again, “You don’t look Japanese.” (That’s the milder reaction. In Jamaica, officials took my passport around the office for a laugh. In the U.S., they rendered me to secondary for a few hours of waiting and inquisition until I missed my next flight. Seriously.)

Trying to dodge these questions by saying “It’s a long story” often doesn’t cut it. (American official: “Oh? We’ve got time.”) Having to school everyone about my background on a daily basis gets tiring, and biting my lip through many an intrusive and sometimes humiliating experience leaves psychological “triggers” after a while.

I realized that last month on vacation in Canada, when a bank teller asked for my ID. Passport presented, out it popped: “It’s funny you have a Japanese passport. You don’t look Japanese.” I snapped back: “Let’s not go there. Lose the racism and complete the transaction.”

Afterwards, I asked the teller (an Asian gentleman), “How would you like it if you produced a Canadian passport and I said, ‘That’s funny; you don’t look Canadian’?” He said, not much, and apologized.

There are a few important details to this story I don’t have space for (see www.debito.org/?p=13381), but the conclusion was that the manager sent the teller home for the day (a surprise to me, as I never asked for any sanction) and then invited me to his office for a chat.

“I understand your frustration,” said the manager, “because I am Metis.” He was referring to his official minority status in Canada as a descendent of First Nation aboriginals and colonial settlers.

“I hate it when people I’m doing business with tell me that I don’t ‘look Metis,’ even after I show my status card.” He said that this kind of behavior was unacceptable at his bank, and in Canada.

Refreshed by this experience, I blogged and Facebooked about this no-nonsense zero tolerance. And then the topic blew up in my face.

Some readers wrote in to say I had overreacted. Instead of jumping straight to “racism,” I could have defused things with a quick explanation of my background or a joke.

Others said that I was defying common sense. A white guy with a Japanese passport expecting no surprise? Unreasonable. (Surprise I do expect. Vocalizing that surprise in a professional setting and calling a customer’s identity “funny” is problematic.)

The critics that really got my goat were those that expressed disgust at my acting so “un-Japanese” (as in, not avoiding conflict) and went on say that, to them, I no longer qualified as a Japanese. (I unfriended them because that’s pretty thoughtless. By their logic, I could murder somebody and still qualify, since some Japanese do murder.)

The most interesting argument accused me of exercising my “white privilege”: “You get to be white and Japanese? You’ve taken this too far!” I had victimized the Asian teller because I had the power in this relationship as a white in Canada’s white-dominated society. (The critic’s thoughtful essay and my answer are archived at www.debito.org/?p=13404.)

For the record, I don’t doubt the existence of white privilege. (You can even find an example on our Community pages: Gregory Clark’s Dec. 4, 2014 “Kick out the touts who rule Roppongi” Foreign Agenda column.) I acknowledge that I have received advantageous treatment worldwide due to my lighter skin color and white background.

But the two of us parted paths at the point where the critic said I could not be “white and Japanese.” I do not believe that they are mutually exclusive. (Neither does Japan: In apartheid South Africa, Japan successfully lobbied to be Japanese and “honorary whites”.)

I’m Japanese and white because I earned it — through decades of study and self-education, acculturation, living and contributing to Japanese society, dedication and sacrifice (including my American citizenship and even my very name), and close scrutiny by the Japanese government of my “Japaneseness” in ways not seen in other countries’ naturalization processes.

I am certifiably Japanese because the Japanese government says I am, and they gave me a tough test to prove it. I am not Japanese but white. I’m claiming the “and.”

So why write a column about this? After all, I got myself onto this sticky wicket by naturalizing into a country with few “non-Asian-looking” citizens.

Because this goes beyond me. What about the people who didn’t have a choice — like our Japanese kids?

It shouldn’t be an issue. They are Japanese children, full stop. And they can be something else yet 100 percent Japanese. It’s not a zero-sum game. (That’s why I am not a fan of the term hāfu.) I say claim the “and.” For them.

Mountains out of molehills? OK, how will you react the 100th time (or the fifth time in a day) that you hear, “Oh, what cute gaijin kids!” Will you stand idly by when people openly doubt your kids’ identity as they grow up and risk being denied equal opportunities in society?

We’re fully formed adults — we can take these sucker punches — but kids need someone in their corner, pushing for their right to be diverse yet belong.

The push must happen until the point where the surprise is switched around — into shock at someone daring to imply that a citizen or resident with a surprising background is not a “real” or “normal” member of society.

Admittedly, careless comments from individuals are not something you can immediately fix, but alienating attitudes about people’s identities should not be expressed in a corporate or official capacity. To anyone. Anywhere. That’s where the push starts.

Don’t get me wrong: People can think what they like. But if they articulate thoughts inaccurate, unkind or alienating about us or the people we care for, we should reserve the right to push back accordingly — and not succumb to the majoritarian identity policing that goes on everywhere.

But let’s come down from ideals and return to the bank counter. The main issue there was not the law of averages determining “normal” or “triggers” or “privilege.” It was one of self-identification.

Pause for a second and take stock of where things are going these days: Somebody can self-identify as Japanese and African-American, and represent Japan at the Miss Universe contest (like Ariana Miyamoto). Or be male and then female or vice versa (like Caitlyn Jenner, Chaz Bono, Laverne Cox and Lana Wachowsky). Or be LGBT and married. Or, like Rachel Dolezal, be white and “culturally black” enough to head a chapter of America’s National Association for the Advancement of Colored People.

A future is emerging where the major social statuses assigned us from birth — e.g., gender, “race,” nationality, even ethnicity — are breaking down. They can be a matter of personal choice.

That’s a good thing. With the unprecedented porosity of international borders nowadays, the notion of a “normal” person is ever eroding. That’s why I believe that anyone should be allowed to shape, control and, yes, claim their own identity.

Now, you might think that Japan, the island society, is unaffected by these trends. I would disagree. As I describe in my forthcoming book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination,” the pressure of Japan’s aging demographics is unrelenting. If Japan cannot get over the conceit of having to “look Japanese” to be treated as one, then it cannot make “new Japanese,” and the country will continue to sink into an insolvent economic abyss.

Thus, if our Japanese kids cannot self-identify, hundreds of thousands of them (eventually millions, as people continue mixing) will spend their lives having their identities policed back into being “foreign,” not fitting in when they should be welcomed for all their potential as individuals with more worldly insights.

Let’s knock off the identity policing. Stop telling people who they are. Let them tell us. Let them claim the “and.”

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

Debito’s 20-year-old historical archive of life and human rights in Japan is at www.debito.org. Twitter @arudoudebito. Just Be Cause appears in print on the first Monday Community Page of the month. Your comments and story ideas: community@japantimes.co.jp

ENDS

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DEBITO.ORG NEWSLETTER AUGUST 2, 2015

Table of Contents:

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THINKING ABOUT THE FUTURE FOR NJ WITH THE REACTIONARY-NATIONALIST ABE ADMINISTRATION

2) Discussion: Abe rams through Japan’s new security guidelines: How will this affect NJ and Visible Minorities in Japan?
3) Japan Times: Govt “Snitch Sites” being used to target Zainichi Koreans for harassment
4) Kyodo: “Overseas work, study seen as negative point for hiring anyone handling state secrets” Such as multiethnic Japanese?
5) Mainichi: “Not Japanese Enough?” Bog-standard article about Miss Japan Miyamoto Ariana’s fight against racial discrim in Japan, not in Japanese for J-audience

MISCELLANY

6) Update to Canada bank racism issue: Fascinating FB conversation gets me to capitulate
7) “Gaikokujin ja arimasen: An Analysis of the Interactive Construction and Contestation of Being a Foreigner in Japan”, an academic paper by Dr. Cade Bushnell analyzing the conversation I had with Yunohana management during Otaru Onsen Case

… and finally …

8 ) Japan Times Just Be Cause 89, “Media redraw battle lines in bid for reach”, on Fuji network’s acquisition of Japan Today.com, July 6, 2015
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By Dr. ARUDOU, Debito (debito@debito.org, www.debito.org, Twitter @arudoudebito)
Freely Forwardable

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THINKING ABOUT THE FUTURE FOR NJ WITH THE REACTIONARY-NATIONALIST ABE ADMINISTRATION

2) Discussion: Abe rams through Japan’s new security guidelines: How will this affect NJ and Visible Minorities in Japan?

What’s happening these days in Japan under PM Abe, i.e., the ramming of new security guidelines through the Diet, will have ripple effects for years, particularly in terms of Japan’s legislative practices and constitutional jurisprudence. Not since the days of Abe’s grandfather doing much the same thing, ramming through the US-Japan Security Treaty more than five decades ago (which also did remarkable damage to Japan as a civil society), have recent policy measures been given the potential to undermine the rule of law in Japan. And I say this with all the disappointment of a Japanese citizen, voter, and Japanophile. The Japanese Government has truly shamed itself as a proponent of its own civilization, and its short-sighted voting public has done too little too late to prevent a self-entitled single-minded person as awful as Abe being given a second crack at governance (this time with a majority in both parliamentary houses, no less).

Debito.org, with its focus on life and human rights in Japan as relates to NJ and Visible Minorities, isn’t really in a position to comment on this until it becomes clear how these policy outcomes will affect them. Right now, all can say is that I told you this would happen. Consider my record in real time in my previous Japan Times columns on the rise of Abe and Japan’s looming remilitarization (here, here, here, here, here, here, here, here, and here). Meanwhile, I’m not one to speculate further without more concrete evidence.

Speculation, however, can be your job. What do Debito.org Readers think the future is for NJ and Visible Minorities under this new Japan where fundamentally-pacifist policy underpinnings are being undermined and circumvented? (We can see the forthcoming attitudes within LDP propaganda very sharply critiqued by Colin P.A. Jones recently in The Japan Times.) Your turn to crystal-ball. Opening this up for discussion:

http://www.debito.org/?p=13416

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3) Japan Times: Govt “Snitch Sites” being used to target Zainichi Koreans for harassment

In the previous blog entry, I pondered aloud a future Japan after the rule of law and the Japanese Constitution is further eroded for the sake of reactionary nationalism. Under Debito.org’s purview, without clearer evidence I wasn’t able to speculate how this would affect NJ residents of Japan. Now there is some evidence (which was brought up elsewhere on Debito.org within Comments starting from here) within a Japan Times article excerpted below.

Not all that long ago, NJ residents of Japan were basically seen as misunderstood guests. As I describe in great detail in my upcoming book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (out in November), thanks to GOJ campaigns in the 2000s the narrative officially shifted to seeing NJ as a source of crime, illegal overstaying, infectious diseases, and terrorism.

As can be seen in the JT article, this attitude has percolated down to the interpersonal level. Again, not that long ago, Japanese in general were quite unaware that NJ had to carry “Gaijin Cards” 24-7 or face arrest, detention, and financial penalty (many I talked to were even more flabbergasted when they realized that NJ fingerprinting — the hallmark of criminal tracking in Japan — was once involved).

This has clearly changed: anonymous xenophobes-cum-bullies empowered by the Internet are now aware enough of NJs’ vulnerable status as something trackable by Gaijin Cards (thanks to official NJ-targeting campaigns such as this one, found in places like subway stations back in 2011) that they are now spreading false rumors about Gaijin Card conversion (from the ARC to the remotely-trackable Zairyuu Card) and visa overstaying (in this case targeting the Zainichi Korean “generational foreigners” ethnic minority in Japan). They are now “overwhelming Immigration” with “tips from bounty seekers”.

The kicker to this incident is that the internet bullies have been empowered by a system of “snitch sites” that the Japanese Government set up long ago (and Debito.org has long decried as incredibly open to abuse: see also here) to anonymously rat on any NJ based upon any reason whatsoever. Did the fools who set up this system really think that sooner or later this wouldn’t happen? What’s next, as Japan’s general public starts to get involved in this GOJ-sponsored “Gaijin Hunt”?

http://www.debito.org/?p=13421

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4) Kyodo: “Overseas work, study seen as negative point for hiring anyone handling state secrets” Such as multiethnic Japanese?

Continuing with this month’s theme of how a reactionary-nationalist Japan will treat its NJ and Visible Minorities in future, the article below is very indicative. Although I did refer to it in my end-year JT roundup of Japan’s Top Ten Human Rights Issues for 2014, somehow it escaped being properly archived on Debito.org as a single blog entry. So here it is: people with connections abroad will be considered a security risk and potentially be excluded from pubic service. No doubt that will include Japanese citizens with NJ roots. This is, in a word, odious.

Kyodo: The Cabinet Intelligence and Research Office has warned government offices before the new state secrecy law takes effect Wednesday that people who have studied or worked abroad have a higher risk of leaking secrets. […]

The documents presented by the intelligence and research office at a meeting with other government bodies in November 2011 state that the experience of attending schools overseas or foreign schools in Japan as well as working abroad or working for foreign companies “could be an opportunity to nurture a special feeling about foreign countries.”

The papers said such people “tend to be influenced by” approaches from foreign countries and there is a “risk” that they “prioritize the benefits of foreign countries and voluntarily leak secrets.”

http://www.debito.org/?p=13431

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5) Mainichi: “Not Japanese Enough?” Bog-standard article about Miss Japan Miyamoto Ariana’s fight against racial discrim in Japan, not in Japanese for J-audience

I’ve been withholding comment on the very good news about Miyamoto Ariana’s ascension to the role of Miss Japan, and for the role that she is taking on of her own volition to fight “racial discrimination” (yes, explicitly jinshu sabetsu — something that the J-media generally refuses to even acknowledge exists in Japan). What I’ve been waiting for is how the J-media (as opposed to the predictable reaction from the J-xenophobes) would react to her activism. And here’s a good example from the Mainichi Shinbun: (A few comments follow the article.)

Mainichi: At first glance, Ariana Miyamoto does not look like an ordinary Japanese woman. But the 21-year-old model and former bartender speaks the language like a native and thinks and acts like a typical Japanese her age. In March, she became the first mixed race contestant to be crowned “Miss Universe Japan,” but not everyone cheered the result…

Debito: Okay, a few points: 1) The opening paragraph, where the article says, “But the 21-year-old model and former bartender speaks the language like a native and thinks and acts like a typical Japanese her age.” Well, she IS a native speaker of Japanese, and she IS a typical Japanese her age. Because she IS a Japanese. 100%. Even she says so. Front-loading the articles to reinforce the narrative that she isn’t a Japanese because she has mixed roots is one major problem in this unnecessary debate about Miyamoto-san’s identity…

http://www.debito.org/?p=13425

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MISCELLANY

6) Update to Canada bank racism issue: Fascinating FB conversation gets me to capitulate

A couple of weeks ago, shortly before bedtime when I was tired and on vacation, I tossed off a blog entry on Debito.org about my recent experience with what I considered to be racism towards me at a Canadian bank for not having a passport that matched the bank teller’s expectation of phenotype. In other words, the teller said my having a Japanese passport was “funny” to him, as I didn’t “look Japanese”.

This was quickly dealt with in a way that I had never seen done in, for example, Japan (where this behavior would in my experience be explained away as a cultural misunderstanding, oversensitivity on my part, etc.). In Canada, the manager intervened, and (unbeknownst to us at the time) sent the teller home. The manager, who happened to be a minority in Canada, then said he well understood my distaste for identity policing of this ilk. In sum, the blog post was to give kudos to Canadian society for stopping this sort of thing in its tracks.

I had thought this was a pretty summary case, and wrote it up as such. However, I had no idea that it would blow up in my face. So much so that I had to add an addendum to the post from a person accompanying me to that bank, filling in a number of things I hadn’t bothered to mention — such as the fact that we called the manager because we had a separate issue of business that needed a manager’s attention, and the teller in fact interfered with that request, and more. This blog post is to archive the essence of a very informative discussion on my Facebook that was occasioned by that blog entry. The discussion cleaved into several quite distinct camps, essentially:

http://www.debito.org/?p=13404

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7) “Gaikokujin ja arimasen: An Analysis of the Interactive Construction and Contestation of Being a Foreigner in Japan”, an academic paper by Dr. Cade Bushnell analyzing the conversation I had with Yunohana management during Otaru Onsen Case

The landmark Otaru Onsens Case of “Japanese Only” signs continues to reverberate more than a decade later. Dr. Cade Bushnell of the University of Tsukuba kindly sent me the following notification of a research article he wrote, based upon a taped conversation I had with exclusionary management at Onsen Yunohana back in 2000, which precipitated the famous lawsuit. Please have a read, especially if you are interested in the field of Conversation Analysis.

Gaikokujin ja Arimasen (I’m Not a Foreigner):
An Analysis of the Interactive Construction and Contestation of Being a Foreigner in Japan
Cade BUSHNELL University of Tsukuba, Faculty of Humanities and Social Sciences, Associate professor
Journal of International and Advanced Japanese Studies, University of Tsukuba, Vol. 7, March 2015

Abstract (excerpt): In the present research, I examine a service encounter between a Caucasian Japanese national, his two friends, and the racially Japanese staff of a public bath house in Japan. In the analysis, I use conversation analysis and membership categorization analysis to examine the specific ways in which the participants co-construct the categories of Japanese and foreigner, how they constitute the category Japanese as being bound to differential sets of attributes, rights, legal statuses, and so forth, and how they treat these mutually different categorical constitutions as being problematic for assembling the real-world activity of using the bath house facilities. I also consider how the sequential and categorial aspects of the talk jointly work to make the interaction visible as being a dispute as the participants align to or contest categories in their interaction.

Link to full text follows:

http://www.debito.org/?p=13397

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

… and finally …

8 ) Japan Times Just Be Cause 89, “Media redraw battle lines in bid for reach”, on Fuji network’s acquisition of Japan Today.com, July 6, 2015

Opening paragraphs: Something significant happened in April that attracted only desultory press coverage, so let’s give it some more. GPlus Media Co., which operates English-language websites Japan Today and GaijinPot, was sold to Fuji TV-Lab, a subsidiary of Fuji Media Holdings Inc. The Fuji Media group has the Fuji Television Network under its wing, as well as the conservative daily Sankei Shimbun as an affiliate.

This matters to Japan’s resident non-Japanese (NJ) communities. Fuji TV was recently caught fabricating subtitles falsely quoting South Korean commenters as “hating Japan” (Japan Times, June 29). That’s an incredibly dishonest thing for a nationwide broadcaster to do, especially when it may have a nasty impact on Japan’s Korean minorities.

However, the Sankei Shimbun as a newspaper I believe is no less nasty. Over the past 15 years, for example, they have run articles grossly exaggerating foreign crime (see “Generating The Foreigner Crime Wave”, Japan Times, Oct. 4, 2002), a column claiming that Chinese had criminal “ethnic DNA” (May 8, 2001, written by regular columnist and former Tokyo Gov. Shintaro “let’s fight a war with China” Ishihara) and an opinion piece by Ayako Sono on Feb. 11 that praised the racial segregation of South African apartheid as a model for Japanese immigration policy. The Fuji-Sankei group offers pretty much unwavering support to the country’s right-wing causes and talking points. They are further right than the Yomiuri — and that’s saying something. Before I get to why we should care, let’s look briefly at the existing landscape of the nation’s English-language media…

http://www.debito.org/?p=13389

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That’s all for this month. Thanks for reading!
Dr. ARUDOU, Debito (debito@debito.org, www.debito.org, Twitter @arudoudebito)
DEBITO.ORG NEWSLETTER AUGUST 2, 2015 ENDS