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  • DEBITO.ORG NEWSLETTER MARCH 5, 2012

    Posted by Dr. ARUDOU, Debito on March 6th, 2012

    IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito

    New novel IN APPROPRIATE by ARUDOU Debito

    Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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    DEBITO.ORG NEWSLETTER MARCH 5, 2012

    Hi Newsletter Readers. Before I begin, let me give you as always a sneak preview of my next Japan Times JUST BE CAUSE column 49, coming out March 6, 2012 (tomorrow), on how the GOJ’s visa regimes in fact constitute an anti-immigration policy:

    ======== PREVIEW BEGINS ============
    WHAT’S THE POINT OF A VISA “POINTS SYSTEM”? (tentative title)

    Last December, the Japanese government announced that a new visa regime with a “points system” would be introduced this spring.

    It is designed to attract 2,000 non-Japanese (NJ) with a “high degree of capability” (koudo jinzai), meaning people with high salaries, impeccable educational and vocational pedigrees, specialized technical knowledge and excellent managerial/administrative skills […]

    Sweet. But then comes the fine print. You must get 70 points on the Justice Ministry’s qualifying scale (see http://www.moj.go.jp/content/000083223.pdf). And it’s tough, really tough. […]

    Interesting is how low Japanese language ability is weighted: only 10 points — in a “bonus” category. One would have assumed that people communicative in Japan’s lingua franca would be highly prized.

    However, I would argue the opposite: Crowds of NJ completely fluent in Japanese are exactly what the government does NOT want. Visa regimes with illiterate foreigners facing insurmountable hurdles are what maintain Japan’s revolving-door labor market.

    For example, consider 2008’s visa program to import elderly-care nurses from the Philippines and Indonesia…
    ========== PREVIEW ENDS ============

    Read the rest tomorrow in the Japan Times! Now on with the Newsletter:

    Table of Contents:
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    HISTORICAL WRONGS, ABERRATIONS, AND AMNESIA
    1) Levin: J citizens of empire stripped of Japanese nationality in 1952, made into Zainichi by bureaucratic fiat — by a simple MOJ office circular (kairan)!
    2) Mainichi and JT: Nagoya mayor Kawamura repeatedly denies Nanjing Massacre, joins ranks of revisionist J politicians
    3) Mainichi/Kyodo: NJ crime down again, but once again only reported in English and apparently not in J Mainichi, Asahi, Yomiuri, or Sankei
    4) Mainichi: NHK Press publishes book about NJ “underground reality” (e.g., prostitution, fake marriages and citizenships, profiteering). Contrast with interview with freewheeling cannibal Sagawa Issei.

    BLOWBACK
    5) Yomiuri: Language hurdle trips up Indonesian nurses in 4-year-old GOJ EPA program, and they’re leaving. By design, methinks.
    6) Asahi: Registered NJ population drops again in 2010, GOJ to institute policy of “points system” for future NJ visas this Spring
    7) Mainichi: NJ held by immigration sharply down after reviewing rules
    8 ) Jeff Smith on Yahoo Japan auctioneer denying foreign bidders, and what he did about it

    … and finally…
    9) My Japan Times JUST BE CAUSE Column #48: “These are a few of my favorite things about Japan”, Feb. 7, 2012
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    By Arudou Debito (debito@debito.org)
    RSS and biweekly blog updates at www.debito.org, Twitter arudoudebito
    Freely Forwardable

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    HISTORICAL WRONGS, ABERRATIONS, AND AMNESIA

    1) Levin: J citizens of empire stripped of Japanese nationality in 1952, made into Zainichi by bureaucratic fiat — by a simple MOJ office circular (kairan)!

    While doing research two days ago, I ran across this curious footnote in journal article (Levin, Mark, “Essential Commodities and Racial Justice”; Journal of International Law and Politics (NYU, Winter 2001) 33:419, at 500, footnote 288), which tells us a lot of something quite remarkable about how much extra-parliamentary legislative power is invested in Japan’s bureaucracy: The power to strip entire peoples of their Japanese citizenship (despite their colonial contributions and experience, including fighting and dying in the Imperial Army) by fiat. By kairan, even.

    Levin: The involuntary de-naturalization [of hundreds of thousands of Koreans and Taiwanese persons resident in Japan] was accomplished by administrative fiat, interpreting the Nationality Lw under an implicit association with the 1951 Peace Treaty between Japan and the Allied Powers. “In 1952, nine days before the Peace Treaty came into force, the Director-General of the Civil Affairs Bureau in the Ministry of Justice issued a Circular Notice [an internal government document] to the officials concerned, announcing that all Koreans, including those residing in Japan, were to lose their Japanese nationality.” … Although Japanese courts, including the Supreme Court, have consistently upheld the legality of this act, Iwasawa persuasively argues that the court rulings were analytically unsound, that Japan’s action violated international standards regarding nationality, and that the action was unconstitutional because the act “runs counter to Article 10 of the Constitution, which provides, ‘The conditions necessary for being a Japanese national shall be determined by hōritsu [statutes].’ The question should have been settled by a statute enacted by the Diet.”

    This degree of extralegal power — to the point of a simple office memo to disenfranchise for generations an entire minority in Japan — shows just how abusive and capricious Japan’s mandarins can be — and the judiciary will back them up.

    http://www.debito.org/?p=9991

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    2) Mainichi and JT: Nagoya mayor Kawamura repeatedly denies Nanjing Massacre, joins ranks of revisionist J politicians

    Here’s another Japanese politician, Nagoya Mayor Kawamura Takashi, playing to type (as in, playing to a Rightist historical revisionist base) by reportedly denying that the Nanjing Massacre in WWII China ever took place. He’s not alone. The Japan Times article below is particularly good, as it includes other deniers and their dates in Japan’s political discourse, showing there is a longstanding arc to this discourse.

    There may be a political dimension. As a commenter mailed me, “Because I have lived in Nagoya for over 20 years, Mayor Kawamura’s atrocious lack of tact really makes me cringe. We’ve seen it before with these old boys. They reach a certain age and feel they can afford to throw caution to the wind. However, there may be some background here that isn’t being aired. The Chinese apparently had their sites on a prime piece of land near Nagoya Castle and wanted to build a consulate or trade related facility of some kind. There is local opposition. So it’s possible that the Mayor deliberately wanted to piss them off.” Interesting if true. Let’s have that investigated.

    A little academic expostulating, if I may: One of the things that Japan has never undergone (as opposed to, say, Germany) is a postwar examination of its colonialist/imperialist past, as Postcolonialism as an analytical paradigm seems to have passed Japanese academia by (as have many rigorous intellectual disciplines, in favor of, say, the unscientific pseudo-religion that is Nihonjinron). Even proponent Edward Said was blind to it, by binding us to an East-West divide when encapsulating his theory of lack of minority voices in the world’s historical discourse as “Orientalism”, meaning Japan became an “Oriental” country (as opposed to a fellow colonial empire builder) and thus immune to the analysis. Partially because of this, Japan lacks the historical conversation (and is ignored overseas for not undertaking it) that would include and incorporate the minority voices of “sangokujin” (i.e., the former peoples of empire) et.al as part of the domestic discourse.

    And this is one reason why fatheads like Kawamura are able to keep on reopening old wounds and refuse to face the dark side of Japan’s history — a history which, if an honest accounting of history is done everywhere, every country has.

    http://www.debito.org/?p=9977

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    3) Mainichi/Kyodo: NJ crime down again, but once again only reported in English and apparently not in J Mainichi, Asahi, Yomiuri, or Sankei

    Here we have the biannual report on NJ crime, as always used to justify further prevention and crackdowns on NJ as potential criminals (justifying all manner of NPA budgets and racial profiling). But the news this time is good, in that NJ crime is down. Significantly so.

    Good. But here’s the thing: If it’s bad news (i.e., foreign crime goes up), then it gets splashed all over the place and a media panic ensues about a reemergent foreign crime wave. However, when is good news (i.e., foreign crime goes down), one of three things happen:

    1) The Japanese police find some way to portray it as a rise,
    2) The Japanese media find some way to headline it as a rise (while even, famously, depicting it as a fall in the English headline),
    3) They ignore it completely. Foreigners can only ever be news if they’re criminals.

    To support this last assertion, look how the above article was featured in the Mainichi online only in English, as a copy of a Kyodo wire. And doing a Google news search in Japanese, (search terms gaikokujin hanzai and the newspaper title), I could not find a similar article on this news on the Mainichi, Asahi, Yomiuri, or Sankei Shimbun sites (search as of February 23, 2012).

    Instead, you get Japanese sites, for example Zakzak News below, concurrently and ironically talking about how dangerous Japanese society has become due to foreign crime (despite it going down), and saying how having a “kokumin bangou” to identify all citizens by number is now indispensable (since, as Zakzak says below, foreigners now speak Japanese!!). Fine, have that conversation if you want, but don’t blame it on foreign crime.

    This perpetual criminalization of foreigners in Japan is nothing short of hate speech. On an official scale. And you get a regular fit of it twice a year regardless of what NJ residents do (or don’t do).

    http://www.debito.org/?p=9979

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    4) Mainichi: NHK Press publishes book about NJ “underground reality” (e.g., prostitution, fake marriages and citizenships, profiteering). Contrast with interview with freewheeling cannibal Sagawa Issei.

    Speaking of Japanese media profiteering off NJ by peddling images of them to the public (after in some cases killing them first, e.g., Ichihashi Tatsuya, Sagawa Issei), here we have a quick book review of some author depicting NJ adding to the undercurrent of Japan’s crimes and misdemeanors (N.B., in two articles that are quite different in English and Japanese, as the Mainichi is quite prone to doing). While I haven’t read the book to see if there is any element of, “If these guys had better opportunities in Japan, they might not resort to these trades” (i.e., it’s not because NJ are intrinsically predisposed to criminality, despite what other Japanese media has nakedly asserted), it still panders to the latent NPA-promoted public prejudices of “foreigner as criminal”, sensationalizing the lives of NJ residents in Japan. Pity. There is significantly less media about the regular lawful contributions NJ make to Japanese society. But I guess a book about someone who does his or her day job, brings home the paycheck to put food on the table, spends the weekends playing with the kids, pays taxes on time, and takes on neighborhood association duties, isn’t fodder for selling scads of sensationalism. But I betcha that’s much closer to the “reality” for far more NJ in Japan.

    Mainichi: How much do we know about the real lives of Japan’s foreigners? This is the question that Kota Ishii, a spirited non-fiction writer, raises in his new book, “Nippon ikoku kiko — zainichi gaikokujin no kane, seiai, shi” (Journey through foreign Japan: The money, love, sex and death of foreigners in Japan)… Ishii, who has published several books on prostitution, slums and underground businesses in Asia, sheds light this time on different foreign communities in Japan.

    The book introduces a South Korean who has conquered the Japanese sex industry by undercutting prices; an Israeli man with an expired visa who pays a Japanese woman to marry him to obtain Japanese nationality; Chinese who flee from the country after obtaining citizenship, and many other examples that portray the reality of “underground” foreign communities in Japan. Because there are so many fake marriages initiated by foreigners in Japan, some international matchmaking companies even provide compensation to victims, Ishii writes.

    http://www.debito.org/?p=9938

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    BLOWBACK

    5) Yomiuri: Language hurdle trips up Indonesian nurses in 4-year-old GOJ EPA program, and they’re leaving. By design, methinks.

    Speaking of GOJ visa statuses with high to insurmountable hurdles, here’s how the years-long (started in 2008) bilateral program to bring over nurses from The Philippines and Indonesia to work in Japan’s medical system is doing: As predicted. Precisely due to “language barriers”, NJ are being relegated to lower-skilled labor and then sent home (or else, as you can also see below, going home by themselves after having enough of it all). Again, this is the point of Japan’s visa regimes — make sure migrants never become immigrants, siphon off the best working years of their lives, send them back for whatever excuse or shortcoming you can come up with, then bring in a new batch of dupes filled with false hopes. That way you keep the revolving-door labor market revolving, and never let NJ settle down here and get their due for their tax and pension payments. How nice. But as I’ve written before, it’s been the perpetual SOP for the GOJ.

    Yomiuri: More than half of 104 Indonesian nurses who came to Japan in 2008 through a bilateral economic partnership agreement to obtain nursing licenses have returned home, due mainly to difficulties meeting Japanese language requirements, it has been learned.

    Through the EPA program, Indonesian nurses have been allowed to work in Japanese hospitals for three years as assistant nurses who take care of inpatients. They are all licensed nurses in Indonesia. The program requires they pass an annual national nursing certification test during their three-year stay.

    However, only 15 of the first group of 104 nurses who came to Japan from Indonesia passed the national exam. Among the 89 who failed the exam, 27 were granted special permission to extend their stay if they wished to because they managed to score a certain number of points on the previous exam. These nurses will take the national exam again in February.

    The remaining 62 returned to Indonesia by the end of August, though they were still eligible to take the national exam. Only four of them will return to Japan to take the February exam, meaning the remaining 58 have likely given up working in Japan.

    http://www.debito.org/?p=9848

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    6) Asahi: Registered NJ population drops again in 2010, GOJ to institute policy of “points system” for future NJ visas this Spring

    To continue a salvo of blog entries on NJ migration/immigration to Japan, here are two articles from the vernacular press. The first one talks about the MOJ’s institution of a “points system” for future NJ visas, in order to encourage “foreign researchers, doctors, managers and people with specialized knowledge or skills” to come to Japan — with higher value accruing to those with good educational pedigrees, higher salaries, etc. “People with more than 70 points” will be considered “higher-degree people with capabilities” (koudo jinzai), with an annual quota of about 2000 souls. They’ll get special benefits like easier visa conditions for wives and children (something currently reserved for those here on foreign expat packages in the financial markets), and five-year waits for Permanent Residency (instead of the usual ten for those not married to Japanese), and no doubt more. It’s scheduled to start from this Spring.

    Fine, let’s have an objective and reviewable system for immigration (or in Japan’s case, just plain old inward migration), but there are two assumptions here, 1) that people are still simply beating a path to Japan now as a matter of course (when by now there are plenty of other rich countries in the region that are better at, say, foreign languages and import infrastructure, not to mention without an irradiated food chain), and 2) a guarantee of things that are fundamental to making a life here without harassment for being different (such as, say, oh, a law against racial discrimination, and checks and balances against a police force that sees racial profiling, street harassment, and even home invasion as part of its mandate). Japan has had plenty of opportunity to take some safeguards against this, and the fact that it won’t yet still wants to get people to live here anyway to offset its demographic crisis is just plain ignorant of reality.

    The second article talks about the effects of a society with institutions that aren’t all that friendly or accountable for its excesses — the second drop of the registered NJ population in two years, after a rise over 48 straight years. I talked about this briefly in my January Japan Times column (as one of the Top Ten Human Rights Events for 2011), so for the record, here is a vernacular source. I think, sadly, that people are starting to wise up, and realize that Japan isn’t all that open a place to settle.

    http://www.debito.org/?p=9809

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    7) Mainichi: NJ held by immigration sharply down after reviewing rules

    Speaking of incarceration of NJ under unreviewed circumstances (start here), here is what happens when the GOJ suddenly starts, as encouraged by the United Nations and even domestic think tanks such as JIPI, to actually REVIEW its own rules: They discover that not as many NJ need to be incarcerated. Quite a few of not as many. Very high percentages, even.

    Well, how about that. Glad this happened, and got some press too. May it happen more often, so that the NPA and Immigration realize that there are some boundaries to their power of interrogation and incarceration, even if (and especially if) the incarcerated happen to be NJ (who are even, according to here as well as the article below, committing suicide rather than take any more of this inhumane treatment).

    Mainichi/Kyodo: The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed… The Japanese government came under fire for its long-term detentions in 2007 by the United Nations, which recommended that detention periods should be limited…

    Those who were held for at least one year totaled 47, down sharply from 115 at the end of 2009. The Justice Ministry said it has been actively releasing those who are subject to deportation but it sees no need for holding in custody since July 2010… The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed.

    http://www.debito.org/?p=9936

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    8 ) Jeff Smith on Yahoo Japan auctioneer denying foreign bidders, and what he did about it

    Here we have some naked xenophobia and related intolerance in interpersonal internet auctions. I have heard of numerous cases like these on Japanese internet outlets, where sellers simply refuse to sell to somebody with money if the buyer happens to be bearing money while foreign (and nothing would come of it from moderators). But here’s a report of what one person, Jeff Smith, decided to do about it. As he says, auction forums in Japan need to step up with rules to honor bona fide transactions, because that’s the entire point of money as a means of transaction — it is not foreign currency even if the buyer is foreign. Let’s wait and see what Yahoo Japan decides to do about it, if anything.

    Jeff Smith: Something I came upon last night while looking for guitars on Yahoo Auctions, Japan. This individual ignoramus had the nerve to actually write in his or her auction that foreigners would be denied the right to buy said item once found to be foreign, NJ or otherwise: The statement here is as follows in English:

    “Winners please be aware of the message I send upon auction close. I will not accept new bidders who do not reply, or people with bad manners. New bidders are to respond within 48 hours, and those that do so will be allowed to pay for the item. In addition, due to troubles that have occurred, I am not accepting any foreign bidders with a score under 30 rating. [This was actually changed this morning, Feb. 15, 2012: originally it said I will accept NO FOREIGN WINNERS, period.] If I find that the winner is a foreigner after the auction ends, I shall void the auction at my convenience.”

    Amazed that this person could even have the gall to write in such a manner, I contacted the seller with a message as follows…

    http://www.debito.org/?p=9958

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    … and finally…

    9) My Japan Times JUST BE CAUSE Column #48: “These are a few of my favorite things about Japan”, Feb. 7, 2012

    Courtesy http://www.japantimes.co.jp/text/fl20120207ad.html
    (with as-always outstanding illustrations by Chris Mackenzie)
    Version with commentary and links to sources at
    http://www.debito.org/?p=9947

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    All for this month! Thanks for reading! Arudou Debito
    DEBITO.ORG NEWSLETTER MARCH 5, 2012 ENDS

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