Table of Contents:
PRELUDE
1) Scholar Morris-Suzuki on the rebranding of PM Abe for foreign consumption, contrasted with his “reverse postwar political reforms” goals set out in his manifesto
2) Anti-Korean Upper House candidate Suzuki Nobuyuki wants Japan closed to immigrants and rearm it with nukes

ELECTION REPORT
3) 2013 Election Brief: The rout of Japan’s Left is complete with a crushing LDP Upper House Victory
4) Assessing outgoing MP Tsurunen Marutei’s tenure in the Diet: Disappointing

AFTERMATH
5) Japan Focus: “Japan’s Democracy at Risk: LDP’s 10 Most Dangerous Proposals for Constitutional Change” by Lawrence Repeta (UPDATED with Aso’s Nazi admiration gaffe)
6) Japan Times: Politicians silent on curbing hate speech, and post-election I see no pressure to do so
7) WSJ: Abenomics’ Missing “Third Arrow: The absence of immigration reform from Abenomics bespeaks a deeper problem”
8 ) Latest addition to Rogues’ Gallery of Exclusionary Establishments: “Japanese Speaker Only” Okinawa Moromisato Karaoke Maimu

…and finally…
9) Japan Times JUST BE CAUSE Col 65, “Police ‘foreign crime wave’ falsehoods fuel racism”, July 8, 2013

The Rogues’ Gallery of Exclusionary Establishments, an information site constructed by Debito.org and its supporters to catalog the spread of “Japanese Only” establishments nationwide, has added yet another karaoke parlor to its collection. As per the entry:
http://www.debito.org/roguesgallery.html#Uruma

Okinawa City Moromizato (Okinawa Pref)
Karaoke Hall Maimu
（沖縄市諸見里１−１−２　Ph (098) 931-9114、カラオケの店舗）
Website: http://www.top-music.co.jp/sub_30.html (which does not mention their exclusionary rules)

SIGN: “THIS PLACE IS ONLY FOR JAPANESE SPEAKER!”

Submitter Justin rightly notes: “Shop is located near Kadena US Air Force base. While these signs are a step up from completely discriminating against all NJ, it is ridiculous that they can get a sign saying people who can’t speak Japanese are not admitted, but can’t have someone translate a paper listing the ‘rules and regulations of the shop’ in English.”

Quite. Plenty of hotels (especially the pre-disaster Fukushima ones) use the same excuse. And Maimu’s English translation is quite good, so this “language barrier” feels more like an excuse just to exclude like the ones proffered by Onsen Yunohana back in 2001.

The Rogues’ Gallery Moderator also wonders how Maimu will be testing customers’ language ability, what the sufficient linguistic thresholds are to “pass”, and if it will be only be enforced on people who “look foreign”. Also, since their website also says children are welcome (and has no rules to bar deaf or blind people), I wonder if Maimu is as worried about potential communication problems during emergencies with them? No, I bet it’s just “foreigners” that cause “inconvenience to our customers”.

Another one duly recorded. Any more places like this out there, Debito.org Readers? Submissions welcome as per the parameters up at the Rogues’ Gallery

One of the things that the LDP has been good at during this election cycle has been controlling the agenda. By diverting attention away from contentious constitutional reform by talking about economic reform (or at least the promise of it), Abe and Co. have used imagery of loosing “three arrows” (monetary easing and fiscal stimulus, then eventually structural reforms). The Economist (London) on June 15 wondered if “Abenomics” had “failed before it even properly began”.

As Debito.org and others have been saying for years now, you can’t have sustained growth without a healthy and energetic workforce, especially as society ages, pensioners crowd out taxpayers, and public works continue to fill in the gaps and crowd out entrepreneurship. And if you want youth, energy, and entrepreneurialism, you cannot beat immigration and the Can-Do Make-Do Spirit of the Immigrant.

But the strong xenophobic tendencies of the LDP and the dominant fringes within the ruling side of Japan’s politics have made this currently politically untenable. And here’s the Wall Street Journal giving us their take on why a serious immigration policy should have been one of the GOJ’s “arrows”:

WSJ: If there’s one reform that’s symbolic of Prime Minister Shinzo Abe’s eponymous program to rejuvenate the Japanese economy, it’s immigration. By importing new consumers and workers, immigration is crucial to stimulating domestic capital investment by companies. By expanding the taxpaying population base, it improves the government’s fiscal position. Immigration will facilitate foreign direct investment, boosting productivity.

All of that makes immigration reform precisely the kind of bold and deep change Mr. Abe promises. But the thing that makes immigration reform most emblematic of Abenomics is that despite its importance to Japan’s future, it is almost entirely absent from the agenda…

Investors have lately panned Abenomics, rightly, for its lack of daring. Optimists hope this is a political calculation that a month before a major election is no time to introduce bold reforms, and that more and better is on the way later. But reflection on the immigration problem raises a different prospect. Any meaningful reform will be deeply disruptive—whether in terms of new immigrants let in, small farms consolidated and old farmers retired, new businesses started and old firms bankrupted. In all the hubbub about Abenomics, everyone forgot to ask whether Japan really wants the upheaval needed to restart growth. Unless and until Japanese are willing to tolerate such changes, Abenomics will be more wish than reality.

Here’s Eric Johnston surveying how last winter’s hate speech finally blew up into a social issue during the spring (enough so that even Abe had to publicly disavow it), then did not gain enough political traction to become a campaign issue during the election. It’s a shame, really, as how people voice their opinions about groups of people in public have profound effects on how those groups will be treated both in public debate and in public policy. Even with PM Abe’s Facebook record of jingoistic and revisionistic “mobilization of the otakusphere”, voters indicated last week that they didn’t care. If anything, they gave Abe a strengthened mandate to continue in this vein. So even though this article talks about events before the Upper House election, I foresee no change to how hate speech is used to continue Japan’s rightward swing in Japan’s social discussions and politics. There is simply no pressure to.

JT: Over the past six months or so, it has been the rightist group Zaitokukai that has been responsible for much of the hate speech. Arita said this was not a coincidence. “Zaitokukai was established during the “right-leaning” Abe’s first administration in 2006 and 2007, and started escalating their aggression after the resurgence of (Abe’s) Liberal Democratic Party and the advent of his second administration last year,” Arita said. Judging from Abe’s rhetoric in May, Arita doubts the prime minister in particular would be seriously inclined to sign on to any sincere legislative effort to ban such virulent talk.

“In the most recent edition of the monthly magazine Bungei Shunju, Abe was asked about hate speech. His response was ‘I leave this matter to the good conscience of the average Japanese,’ ” Arita said. “But politicians must take responsibility for trying to resolve this issue. The fact that Abe can make such a comment fills me with doubt about how seriously he’s taking it.” Nor do most Diet members seem to want to mull legal bans.

Meiji University law professor Lawrence Repeta has written up an important article about the probable outcomes and motivations of the specific texts (and subtexts) behind the LDP’s proposed constitutional revisions. Frightening stuff, especially from a human-rights perspective. And it looks to me like it may come true with PM Abe’s Upper House win last weekend.

Repeta: 2. Elevating maintenance of “public order” over all individual rights

The LDP would revise key language of Article 12 of the Constitution to read that the people “shall be aware that duties and obligations accompany freedoms and rights and shall never violate the public interest and public order.…”

What are these “duties and obligations”? The LDP doesn’t say. Such open-ended language would serve as an invitation to zealous officials eager to identify duties and obligations that may limit or even override individual rights. The most disturbing aspect of this text, however, is that “freedoms and rights” would be subordinated to “public interest and public order.” “Freedoms and rights” are specified in the present text of the constitution, but the new expression “public interest and public order” is undefined. In their Q&A pamphlet, LDP authors explain,

“Public order” here is “social order” (shakai chitsujo); it means peaceful social life (heibon na shakai seikatsu). There is no question that individuals who assert human rights should not cause nuisances to others.

So the LDP target appears to be individuals who “assert human rights” and thereby “cause nuisances to others.” Although the public order limitation would apply to all constitutional rights, we can expect that it would have an especially powerful chilling effect on speech rights and other forms of protest. Every public march or other political demonstration slows traffic and causes “nuisances” to others. Most democratic societies accept such inconveniences as a necessary cost of freedom, especially for protection of the right to speak out. Japan’s courts have shown little respect for such rights, however, repeatedly ruling in favor of police action to manage public demonstrations and otherwise restrict public speech.

As people have written to me several times over the past few days (thanks for the concern!), Debito.org was down for more than a day. This was not due to cyberattack, but rather my server host migrating things over to some new hardware, I’ve been told. While I find this explanation quite unsatisfactory (taking a day of downtime with no warning?), Debito.org is back up and seems to be running fine.

That said, it’s running on backup files they created that happen to be about six months old (boy, that’s ludicrous). This means that a lot of images that were evidentiary are now missing (such as the first two book link images above). I have reuploaded successfully those images on the not-blog parts of Debito.org, but when it comes to the Debito.org Blog, even after I have reuploaded images from the past six months into the Wordpress folder, they aren’t displaying correctly for reasons unknown.

Needless to say, I have contacted my server and asked them to fix things. But if you find missing images on pages, please let us know below in the Comments Section with a link and we’ll get the server host on it. Thanks very much for the support, and sorry for the downtime.

It’s as predicted (if not encouraged) by Japan’s media: The rightist Liberal Democratic Party (LDP), along with its coalition partner “Buddhist Party” Kōmeitō (KMT), won an outright majority in Japan’s Upper House.

Yesterday’s election was to be a referendum on the past six months of Prime Minister Abe, who was previously PM last decade in a spectacularly inept LDP administration that went down in flames in less than a year. Although political Pollyannas said Abe would be restrained between January and July due to this election (indeed, he vacillated somewhat on his stance towards historical revisionism, such as Japan being involved in wars of aggression and wartime sexual slavery), Abe still made the election more about temporary economic upturns with a hint of constitutional reform — asking for a mandate to resolve the gridlocked Diet (gridlock he had caused, it should have been noted), while occasionally raising alarmist fears about outsiders and Japan’s sovereignty. Meanwhile, the DPJ could not make the main issue of the election how the LDP’s proposed constitutional reforms would abrogate everyone’s constitutional rights. The LDP’s campaign slogan was in fact “Take back and return Japan” (Nihon o tori modosu); readings by scholars noted that this meant taking Japan back not from the DPJ, but from a Postwar constitution back to something Prewar. So much for restraint.

Let’s crunch some election statistics, with charts, and make some conclusions: Here’s the makeup of how the seats went by prefectural electoral district: Almost every prefecture went LDP. Japan’s rightward shift is especially clear when you compare it to the distribution in the 2010 and 2007 Upper House elections (see charts).

Now, as for assembly seat distributions: As denoted in the larger horizontal bar chart above, a 2/3 majority has been reached in the Upper House if one coalitions the LDP (at 115), KMT (at 20), JRP (at 9) and the Minna no Tō (at 18). This means a reform of Japan’s Constitution is now very possible if not probable.

Next, to see how much of a rout this election was for the DPJ, consider this bar chart for this election alone, not including seats that were not up for election this time: The biggest seat getters were the LDP/KMT coalition at 76. They had 44 before this election. The other fringe parties, Minna no Tō (politically wild-card) went from 3 to 8, JRP (ultra rightist) went from 2 to 8, and JCP (leftist communist) went from 3 to 8. Clearly the biggest loser was the DPJ, which dropped from 44 to 17. The Right is now clearly in control of the Upper House. That same conclusion is even more easily drawn if you look at the Proportional Representation vote…

Now, regarding for two elections that were of note to Debito.org: Two candidates were notable a) for their underwhelmingness (Japan’s first European-born MP Tsurunen Marutei) and b) for their rabid xenophobia (the anti-Korean candidate Suzuki Nobuyuki). Headlines:
1) XENOPHOBE SUZUKI NOBUYUKI GETS MORE THAN 1% OF TOKYO ELECTORATE
2) TSURUNEN LOSES HIS SEAT. NOT EVEN CLOSE
In fact, Tsurunen (who was running nationally under PR) got close to the same number of votes as Suzuki (who was running in Tokyo only), which I find decidedly scary.

CONCLUSION: I think Abe will now see this as vindication of his mandate, and we’ll see even more pushing of his rightest agenda to undo as many Postwar reforms as possible. Those will become very visible in the coming weeks. Vigilance.

Morris-Suzuki: The current popularity of the Abe administration in no way reflects public enthusiasm for these grand political designs. It is, instead, a response to the government’s economic stimulus package, and to Abe’s skill in making optimistic statements, which convey a sense of leadership to a population weary of political uncertainty and economic malaise. In the end, the Abe government’s performance should and will be judged, not on any political labels, but on the impact that it has on Japanese society and on Japan’s relations with its region and the world. It is possible that Abe may yet choose to focus on the vital tasks of creating a basis for a strong Japanese economic future and improving relations with Japan’s neighbours, rather than pursuing the ideological agendas of anti-liberalism and “escape from the postwar regime”.

In the meanwhile, though, those who care about the future of Japanese society should not allow the dazzle of verbal juggling to induce a political version of the Gruen Transfer. The prime minister’s ideology may be re-branded for the global market, but the old adage remains: buyer beware.

Suzuki Nobuyuki, a candiate for Tokyo in the Upper House for the far-right Restoration Party Shinpuu (New Winds, not to be (easily) confused with Ishihara’s Restoration party), calls for the end of relations with Korea, and an end to immigration (imin). Oh, and he also wants Japan to rearm itself with nuclear weapons (kakubusou) — now that’s even fodder for Japan’s increasingly isolationist future.

Here’s his newspaper blurb (click on image to expand in your browser): It has the typical right-wing tropes about a strong country with sufficient autonomy to defend itself from Chinese invasion, defending Japan’s honor by weeding out “masochistic” (jigyaku) history from education and reestablishing the family unit along traditional lines (no doubt meaning bringing back the Ie Seido), returning Japan to its status as the “world’s safest country” by bringing back the “world’s safest energy source,” nuclear power, and kicking out immigrants so they don’t take jobs away from Japanese (even though NJ were brought in as official policy during Japan’s labor shortage to do the dirty jobs Japanese don’t want in the 3K sector; oh, never mind — facts don’t matter to these people). Nasty ideology seeing the light of day these days in Japan. Are there still people not becoming alarmed yet? The stuff coming out of the mainstream involving constitutional revisions is even scarier.

In keeping with the upcoming Upper House Election in Japan in less than one week (July 21), one member whose seat is up for renewal is Tsurunen Marutei, the septagenarian Finland-born naturalized Japanese. He has spent a great proportion of his life in Japan running for elections in local positions (successfully), then nationally (not so successfully, but finally squeaking in on the last rung of Proportional Representation seats by “kuri-age”, when the person who got in instead, Ōhashi Kyosen, gave up his seat in disgust with Japan’s political system). Tsurunen then won his second six-year term in 2007. This was significant, since it could be argued that Tsurunen now had a more secure mandate thanks to his works.

However, next week Tsurunen looks likely to lose his Diet seat. And in Debito.org’s opinion, so be it. On the eve of this rather ignominious end to what should have been a noteworthy political career, let’s assess here what Tsurunen accomplished: As far as Debito.org is concerned, very little….

Now that the DPJ has gone down in flames, so will he; Tsurunen as the election looms clearly has little he can use to recommend himself for his job except the color of his eyes. This unremarkable politician, who once said he’d fight for the “outsiders”, in the end did little of that. In fact, it seems Tsurunen fought only for himself, wanting a Diet seat only as a matter of personal ambition and status — to be Japan’s first at something. Even if it was to occupy what he seems to have made into a sinecure. Same as any politician, people might argue. But Tsurunen, with all the visibility and potential of Japan’s first foreign-born and Visible-Minority Japanese MP, squandered a prime opportunity to show what Visible Minorities in Japan can do.

JBC: These Community pages have reported many times on how the National Police Agency (NPA) has manufactured the illusion of a “foreign crime wave,” depicting non-Japanese (NJ) as a threat to Japan’s public safety (see “Upping the fear factor,” Zeit Gist, Feb. 20, 2007; “Time to come clean on foreign crime,” ZG, Oct. 7, 2003; “Foreigner crime stats cover up a real cop-out,” ZG, Oct. 4, 2002, for just a few examples).

A decade ago, the NPA could make a stronger case because NJ crimes were going up. However, as we pointed out then, Japanese crimes were going up too. And, in terms of absolute numbers and proportion of population, NJ crimes were miniscule. Then bust followed boom. According to the NPA (see www.npa.go.jp/sosikihanzai/kokusaisousa/kokusai/H23_rainichi.pdf, or the images accompanying this article), “foreign crime” has fallen below 1993 levels (see H5 column, representing the year Heisei 5)! That’s why the NPA has found it increasingly difficult to maintain its claims of a foreign crime wave. So, to keep up appearances, the agency has resorted to statistical jiggery-pokery.

For example, look again at the NPA chart. The time frame has been expanded to 30 years; in previous annual reports, it covered just a decade. By stretching the parameters, the overall chart depicts a comparative rise rather than a small peak before a precipitous drop. Not accounted for, however, is the fact that the NJ population has also risen — more than doubling since 1993.

Another method of manipulation has been to focus on partial rises in certain types of NJ crime, despite the overall fall. And I bet you can guess which got more media attention. The most creative NPA rejig is arguing that NJ crime has been “stopped at a high plateau” (takadomari no jōtai) — even if that “plateau” is downward-sloping.

Every NPA argument leads to the same predictable conclusion: Further crackdowns on “foreign crime” are necessary, because NJ are importing criminality into a once-peaceful Japan. Yet neither the NPA, nor the Japanese media parroting their semiannual reports, have ever compared Japanese and NJ crime, or put them on the same chart for a sense of scale. If they had, they would see something resembling the 3-D graph that accompanies this column (courtesy of Japan Times)…

Table of Contents:
MORE DARK CLOUDS ON THE HORIZON
1) Meidai’s Lawrence Repeta lecture May 23 on LDP’s likely constitutional reforms: Deletes fundamental guarantee of human rights, shifts from “rights” to “duties” & prioritizes “public order”
2) FGU on how Japan’s employers are circumventing new contract law protections: poison pills in contracts
3) Tangent: Julian Ryall on how Japanese employees educated abroad are denied opportunities by Japanese companies

MORE RACIALIZED HUCKSTERISM
4) Racist 2013 Toshiba commercial for product APB-R100X, SuiPanDa combination ricecooker/breadmaker
5) KAJ and Debito.org on foreign crime and racial profiling in Japan: statistical hocus-pocus
6) NPA “Crime Infrastructure Countermeasures” campaign also targets “foreign crime” anew. Justifies more anonymous anti-NJ signs
7) Ueda Hideaki, GOJ rep at UN Committee Against Torture, repeatedly tells people to “shut up” for audibly laughing at Japan’s human rights record

… and finally…
8 ) My Japan Times JUST BE CAUSE Col 64 Jun 4, 2013: “By opening up the debate to the real experts, Hashimoto did history a favor”

We are mere weeks away from the next Diet Upper House election (July 23, to be exact), where half the seats are up for grabs, and at this point it looks like Japan’s rightward swing will be successful and complete. According to current opinion polls (and they do matter a priori, as Japan’s voting culture rarely supports underdogs), the LDP is far and away in the lead (so far so that the opposition DPJ won’t even bother to field more than one candidate in the Tokyo constituency), meaning they will probably add the Upper House to its collection of majorities in the more-powerful Lower House as well.

With this comes the likelihood of first changes in the Postwar Constitution. Legal scholar Colin P.A. Jones of Doshisha University has already come out with articles in the Japan Times discussing the LDP’s proposed changes (see here and here). What I will do in this blog entry is scan and paste in the lecture notes (ten pages) from another legal scholar, Lawrence Repeta of Meiji University, who gave his analysis in a lecture at Temple University in Tokyo on May 23, 2013. It is less accessible than Colin’s newspaper articles but no less authoritative, so here it is, courtesy of CP (notes in the margins probably also by CP). Repeta similarly holds that we will see a shift in focus towards strengthening The State in the name of “public order”, and prioritizing the duties and obligations of the Japanese public rather than guaranteeing their rights as individuals.

In sum, we are seeing the return of Japanese as Imperial subjects rather than citizens, where rights and duties are granted from above rather than secured and guaranteed from below. This is what’s coming, folks. Be prepared.

World-class company Toshiba seems to think that domestic commercials will only be seen within the putatively hermetic Japanese domestic market. And that there are no people in Japan who might take offense at being racially caricatured. The advertised product in question: A rice cooker that can also double as a bread maker — Toshiba SuiPanDa Model APB-R100X. The issue: Gaijinizing the user to promote bread consumption. Some stills from the CM enclosed. Note the accented speech rendered in katakana subtitle for the Gaijinized Japanese actress, complete with blond hair, appended big nose, and overexuberant gestures and speech patterns. Not to mention the dichotomous stereotype that people who eat bread (as opposed to potatoes or some other kind of starch) are automatically “Western” (youfuu).

Debito.org has added this to its collection of Japanese commercials and product lines that use biological memes of racism to hawk product. Here are some stills of those, some of which were taken off the air when people protested. Of course, you are welcome to protest this as well. Here’s the Toshiba website with the product in question and some links to feedback sites. Many Japanese advertisers just never seem to learn. It’s up to us to tell them.

UPDATE JUNE 29: Here are two other commercial spots for other Toshiba products, featuring the same businesswomen actresses in the same vein, but without the racialization. As a friend pointed out elsewhere, “Toshiba could have communicated the same message more effectively by interviewing a master baker or some other expert.” Courtesy of Kotaku. Note that in these videos, these people are co-workers who know each other. Gaijinized in the breadmaker commercial, she’s an unknown stranger. Once again, Gaijin are the perpetual “Other” who don’t belong, even with all the NJ working for Japanese corporations.

UPDATE TWO: Toshiba is clearly aware that this commercial is problematic because they immediately removed it from their website. http://www.toshiba.co.jp/eco/ch/homebakery/index_j.htm
That’s kinda funny. A world-class electronics company thinking that it can just remove their racist advert without comment, retraction, or apology, and that would be it? Not very media- or tech-savvy, are they? Download your own copy from Debito.org in mp4 format, for posterity. http://www.debito.org/Toshibasuipanda.mp4

UPDATE THREE: Even funnier, this racist advertisement goes against its own Corporate Standards of Conduct!

14. Advertising
1. Toshiba Group Corporate Policy
Directors and Employees shall: “not make reference to politics or religion in advertising, cause offense or show disrespect by implying discrimination based on race, religion, sex, national origin, physical disability or age.
http://www.toshiba.co.jp/csr/en/policy/soc.htm#SOC01_14
14. 広告活動
2. 東芝グループ役員・従業員の行動基準
3. 政治、宗教等については広告表現の対象とせず、また、人種差別、心身障害者差別等を想起させ、人間の尊厳を傷つけるような表現を用いません。
http://www.toshiba.co.jp/csr/jp/policy/soc.htm#SOC01_14

We’ve talked about Japan’s Academic Apartheid at the university level (i.e., NJ on perpetual contracts, J on permanent tenure) for decades now on Debito.org (especially since employment standards of NJ in academia set precedents for employment everywhere). And thanks to decades of pressure, as of April 2013 the GOJ built in safeguards to stop perpetual contracting — where working five years continuously on fixed-term contracts now gives the contractee the option for more stable contract work. But employers are now getting around that by capping their contracts at five years with a “non-renewal clause”, building in a poison pill for employees no matter how hard they work or contribute to the company.

It’s one more reason to reconsider ever working in Japan. For those who have no choice, keep an eye out for the poison pill and don’t sign a contract with one.

Last blog entry we talked about how the National Police Agency exaggerates and falsifies data to whip up media panic about “foreign crime”. We’ve also talked for many years on Debito.org about how the NPA has been putting out racist public notices about NJ criminals (including, in my opinion, assisting the seedier J-media to publish some examples of hate speech). Well, anonymous postermakers are now getting into the act, what with the NPA’s most recent anti-crime campaign:

The poster at right calls upon Tokyo Immigration Bureau to do something about fake international marriages, claiming they’re “rising rapidly” (kyuuzouchuu), and says (with the obligatory plural exclamation points that are characteristic of the alarmist far-right) that we cannot permit illegal foreign labor or overstayers!!

The poster at left calls for the expulsion of foreign crime (!!), with murder, mugging, arson, rape, and theft listed at 25,730 cases! (Again, no comparison with Japanese crime, which is far, far higher — especially if you look at theft.) The bottom boxes are not to me fully legible, but the blue one asks the authorities not to give up in the face of fake applications for visas, Permanent Residency, and naturalizations!

Here’s is a poster from the Kanagawa Prefectural Police site (a proud sponsor of the door-to-door neighborhood resident checks and forked-tongue friendly cops who produce racist posters). It warns people in four languages that what they’re doing is criminal activity, including forgery, “bogus marriage” (wow, the language level is getting better), “false affiliation” (gizou ninchi, meaning a J male falsely acknowledges paternity of an NJ child to get that child Japanese citizenship), and false adoption (I hope this won’t now target Japan’s Douseiaisha). Although not mentioning NJ in specific, the poster’s multilinguality means it’s meant for an international audience (Japanese, Chinese, Korean, English, and I think either Tagalog or Bahasa Indonesia).

The interesting bit is in the bottom green section, where it talks about the Hanzai Infura [illegible] Taisaku (Crime Infrastructure Countermeasures). What’s meant by “crime infura”? It’s a new enough concept to warrant an explanation from the Kanagawa Prefectural Police Site: “Infrastructure” is the things and organizations that are the basic foundation of a society, meaning roads, rails, plumbing, etc. By “Crime Infrastructure”, this is meant to be the the same thing to undergird crime, such as cellphones under false names, fake websites, false marriages, false adoptions, and false IDs. The Ibaraki Prefectural Police have a more elaborate explanation, with helpful illustrations of eight cases (five of which racialize the issue by pinning it to “foreign crime”).

A few days ago KAJ, the editor of MRbloggen, a Norwegian human rights blog, sent me a very insightful article on racial profiling and foreign crime reportage in Japan. Let me excerpt from KAJ and from some writing I’m doing:

KAJ: On 26 May 2013, a large mass demonstration demanding the eradication of foreign crimes and the expulsion of illegal immigrants was commenced in Tokyo. The demonstration ran for approximately two hours (between 11:00 – 13:00) starting from Shinjuku Park. In a statement calling for participation of the Japanese public, it was noted that “this demonstration is not a demonstration against foreign crime specific. It is a demonstration for the expulsion of all bad foreigners” [translated]. The procession of the demonstration can be viewed here. This is not the first time such mass distress against foreign crimes occured. So the question that should be asked is, is foreign crimes really a problem in Japan? What may have caused Japanese to fear foreign criminals?

COMMENT: The NPA’s annual White Papers on crime illustrate how crime reportage in Japan is differentiated into “kokumin versus gaikokujin”, with no comparison between them in scope or scale: Note the difference. Comparing a base year of 2009 (H.21), there were a total of 30,569 total cleared cases of crime committed by all foreign nationals (blue plus red bars). For kokumin, corresponding thefts and regular penal offenses not including traffic violations (purple bar, on a scale of 万件) total to over 1.5 million cases, or a difference of about a factor of 49. If put on the same chart with the same scale, foreign crime numbers would thus be practically invisible compared to kokumin crime numbers. However, the NPA has chosen to avoid this comparison, focusing instead on the rise and fall – mostly the purported rise – of foreign crime…

UPDATE June 24 2013: A Reader sends in “Gaijin Crime” [sic] stats from the Shizuoka Pref. Police website that similarly try to visually accentuate any rises they can. This is the group that put out the racist “Characteristics of Foreign Crime” pamphlet back in 2000. Still up to their old tricks.

JAPAN TIMES: Japan’s human rights envoy to the United Nations faced calls to quit Wednesday over a video that showed him shouting at fellow diplomats to “shut up.” YouTube footage of the incident at the [UN Committee Against Torture held 5/21-5/22] provoked a storm of criticism on the Internet, with demands that Ambassador Hideaki Ueda be recalled to Japan. Blogging Japanese lawyer Shinichiro Koike, who said he was at the session, explained that a representative from Mauritius had criticized Japan’s justice system for not allowing defense lawyers to be present during interrogations of criminal suspects…

JDG: It says so much about what is wrong with Japan, and the way Japan views both international relations and human rights (the human rights representative shouting at other diplomats?)… Of course, we must cut the guy some slack, after all, he is forced to try and uphold the tatemae that ‘Japan is a modern nation’ in a room full of people who clearly know the truth about Japan’s human rights record.

DEBITO: Well, I’m not going to cut this character any slack. Ueda is a very embedded elite. Here’s his resume at the MOFA. And he is living in the culture of constant denial of reality that Japan’s elites excel at (get this bit where he’s officially claiming in 2005 as Japan Ambassador to Australia that Japanese don’t eat whales). If I were listening to Ueda say these things on any occasion, I would laugh out loud too. The UN Committee Against Torture has commented previously (2007) on Japan’s criminal justice system, where treatment of suspects, quote, “could amount to torture”. Ueda is part of the fiction writers maintaining the GOJ’s constant lying to the UN about the state of human rights in Japan.

Consider his statement on February 24, 2010 to the ICERD regarding Japan’s progress in promoting measures against racial discrimination: Paragraph after paragraph about the Ainu (fine, but they are not the only minority in Japan covered by the ICERD), then citing a dead law proposal that failed to pass about ten years ago as some sort of progress, the absolutely useless MOJ Bureau of Human Rights, a proposal targeting a sliver of the international refugee community (who refused the hospitality anyway because they knew how unsupported it is once they get to Japan), and alleged cooperation with NGOs (which I know from personal experience is an outright lie — they are constantly ignored.) Meanwhile all sorts of things banned under the ICERD (including “Japanese Only” signs) also go completely ignored. It is, in the end, a joke.

So world, don’t shut up. Laugh aloud, laugh long. International awareness to the point of derision is the only thing that really shatters the veneer of politeness these officious elites keep taking advantage of in the diplomatic community.

Ryall: Many young Japanese students go abroad to study with high hopes. They return home with foreign degrees and even higher hopes, only to be shot down by conservative company ideals.

On the very first day in her first job after graduation, Tomoko Tanaka says her dominant emotion was of disappointment. Tanaka, who does not want her real name or the name of her company used in this article because it could affect her career, began work in April of this year and had high hopes that the years she spent studying overseas would make her a popular candidate with Japanese employers.

Instead, it seems, the effort and money that went into perfecting her English skills in the UK may have been wasted as Japanese firms do not always welcome potential recruits who have been exposed to foreign ways of thinking and behaving…

A survey conducted in March 2012 by Disco, a Tokyo-based recruitment company, determined that less than one in four firms planned to hire Japanese applicants who had studied abroad. Even among major, blue-chip companies, less than 40 percent said they would employ Japanese who had attended a foreign university. Aware of the problems they face if they have invested their time and funds on an education overseas, more are staying closer to home.

JT JBC 64: Osaka Mayor Toru Hashimoto has been busy making headlines around the world with his controversial views on Japan’s wartime sex slaves (or “comfort women,” for those who like euphemisms with their history). Among other things, he claimed there is no evidence that the Japanese government sponsored the program, and suggested these exploited women were (and still are) a “necessary” outlet for a military’s primal urges.

I will say something for this idiot’s provocative behavior: He brought this issue out for long-overdue public scrutiny. He has also presented us with a case study of how to keep people like him in check….

Table of Contents:
1) Aichi Police online announcement about Junkai Renraku door-to-door cop visits. Happening in your neighborhood?
2) 2012 revisions to immigration and registry laws shaking down NJ for Pension & Health Insurance back payments
3) Asahi on arrest of Zaitokukai participant in anti-Korean demo; J-Cast on anti-Korean stuff being sold at Dietmember kaikan; Osaka sign saying “Stop Scrawling Discriminatory Graffiti”
4) Good news: GOJ signs Hague Child Abductions Treaty. Bad news: GOJ will probably caveat its way out of ever following it
5) Discussion: Osaka Mayor Hashimoto and GOJ WWII Sexual Slavery System: A brave debate that is suddenly and disingenuously circumspect
… and finally…
6) Japan Times JUST BE CAUSE Column 63, May 14, 2013: “Police, media must consider plight of those caught in linguistic dragnet”

Debito.org Reader: Don’t know if you’ve heard about the latest moves by the GOJ to milk foreign residents of their hard-earned cash. They are looking into NJ with the help of that new IC chip torokusho card and making people pay for the kokumin hoken health insurance AND nenkin pension they have never paid into. I know several people who have been hit with this and it has drained their bank accounts. They can’t even afford the plane ticket to go back home and see ailing parents. They said a lien would be put on their account/pay checks if they didn’t pay.

COMMENT: We talk about Japan’s social welfare systems in detail in HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS (and my eBook GUIDEBOOK FOR RELOCATION AND ASSIMILATION INTO JAPAN). Personally, I take the side of everyone paying in. I believe that everyone in a society should support the national umbrella insurance systems, because opting out by saying, for example, “I’m not sick now so I don’t need it; I’ll only sign up when I get sick,” is fair-weather freeloading, as if you’re expecting a return on an investment when you need it but you didn’t make the investment in the first place.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jeremy D. Morley: “The Japanese public is being told that even if Japan signs the Convention, “The return of a child can be denied if the parent seeking it is believed to abuse the child or have difficulties raising him or her.” Daily Yomiuri, Mar. 16, 2013. If that is the gloss that Japan intends to put on the Hague Convention – even though the Convention is expressly designed to secure the expeditious return of all abducted children except in extremely unusual cases – there is little or no point in Japan’s purported ratification of the treaty. The result of Japan’s ratification of the Convention will likely be to create the appearance of Japan’s compliance with international norms but without any of the substance.”

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

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

It’s a good start, and I’m glad that there are protests regarding the hateful, xenophobic protesters (usually their activities get ignored even if they involve violence against counter-demonstrators).. Except for the fact that this sort of hate speech has by now reached the highest and lowest levels of society, as in anti-Korean stickers being sold in Diet buildings, and anti-Korean graffiti being scrawled on public transportation, according to J-Cast. The good news, however, is that we’re hearing about these events at all (discrimination often goes ignored in the J-media if its against NJ).

Also good news is that the authorities are taking measures against them, as seen in this sign sent to me yesterday by AP: Taken in Sekime-Seiiku Station in the Osaka area, May 20, 2013. The sign reads: A bright society where people respect each others’ human rights. Let’s stop scrawling discriminatory GRAFFITI that will hurt people’s hearts. If you notice any discriminatory graffiti, let us know (addendum: let a station attendant know). Signed, Osaka City Citizens’ Bureau.

Submitter AP writes: “I talked to the 駅長 as well. I said I don’t know what lead to posting that message, but as a foreigner in Japan I sometimes face 差別 and understand why this kind of thing is important to address, and thanked him. He seemed appreciative as well.” Good. Then maybe people are realizing that this sort of thing affects everyone in society, not just some guest foreigners whose lives and feelings have no connection with ours. These are positive developments.

This post comes to you as a query. Are any Debito.org Readers noticing that the Japanese police are keeping closer tabs on people by going door-to-door to survey occupants (junkai renraku), asking them to fill out Junkai Renraku Cards? (To see what information is required for the Junkai Renraku, especially for NJ residents, here’s one translated into English by the NPA).

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

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

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

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

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

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

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

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

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

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

New information about three new books of mine that are now out in downloadable eBook form:

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

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

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

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

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

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

Table of Contents:

DISINGENUOUSNESS, AS USUAL
1) NYT Editorial: Japan’s “Unnecessary Nationalism”, re the trappings of GOJ’s rightward swing
2) BBC, Yomiuri etc.: LDP now pushing revisionistic, jingoistic and militaristic agenda from above and below, with “Return of Sovereignty Day”, booths at Niconico Douga geek festival
3) JDP: Abe criticizes rise of hate speech in Japan, calls it “dishonorable” and counter to “The Japanese Way of thinking”. My, how disingenuous.
4) NYT: Violating IOC rules, Tokyo Gov Inose bad-mouths other 2020 Olympic bidders, particularly Istanbul for being “Islamic”
5) Tangent on Sexual Minorities: Gay marriage trends worldwide, and how Japan’s Douseiaisha do it: Donald Keene’s marriage by Koseki adoption

MORE STRAWS FOR THE CAMEL’S BACK
6) JT: Japan’s minimum retirement age to increase to 65 by 2025
7) Japan Times: “Student seeking Kyoto flat told: No foreigners allowed”, and how NJ tie themselves in mental knots
8 ) RocketNews: Automatic PR Status awarded to grads of Kyoto universities? Positive proposal by Kyoto Governor that will come to naught
9) Harbingers of further insularity: J international marriages way down, as are J students studying abroad
10) TV Tokyo bangumi: “Why did you come to Japan?” interviews NJ arrivals at Narita, reifies mainstream media discourse of NJ as tourists, not residents
11) Discussion: “Bignose” on Cute “Kobito-zukan” comic characters for kids and NJ control fantasies?

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

I’m very pleased to announce the publication of my latest downloadable eBook: Arudou Debito’s GUIDEBOOK for RELOCATION and ASSIMILATION into JAPAN (eBook for Amazon and NOOK, 2013) Price: $19.99 or local currency equivalent at Amazons worldwide (available also from Amazon Japan here currently for JPY 1979). Also at Barnes & Noble for NOOK.

Book synopsis: Are you interested in living in Japan? Not visiting as a tourist — actually living in Japan with a secure visa and a stable job.

Would you like to set up your own business and found your own corporation? Or understand how Japan’s salary system or health insurance works? What Japan’s minimum labor standards are, and the legal differences between part-time and full-time employment? How to write a Last Will and Testament in Japan, or hold a culturally-sensitive funeral? Or would you like to give something back to Japan’s civil society by founding your own non-profits or NGOs?

How about getting some advice on how to deal with some unexpected problems, such as handling workplace disputes, dealing with police, going to court, even going through a divorce?

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

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

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

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

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

Comments have also come from the top.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Japan Times: After spending 2½ years living the quiet life in buttoned-down Shiga Prefecture, Ryukoku University student Victor Rosenhoj was looking forward to moving into bustling central Kyoto, where things promised to be more lively and international. First, though, he needed to find a suitable apartment, so he picked up a copy of the student magazine, Ryudaisei No Sumai, from the cooperative store on campus… When he pointed to the apartment he was interested in, the shop manager told him that no foreigners were allowed to rent the place…

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

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

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

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

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

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

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

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

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

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

Human Trafficking Around the World: Hidden in Plain Sight
By Stephanie Hepburn and Rita J. Simon

Published by Columbia University Press, this unprecedented study of sex trafficking, forced labor, organ trafficking, and sex tourism across twenty-four nations highlights the experiences of the victims, perpetrators, and anti-traffickers involved in this brutal trade. Combining statistical data with intimate accounts and interviews, journalist Stephanie Hepburn and justice scholar Rita J. Simon create a dynamic volume sure to educate and spur action.

Among the nations examined is Japan, which has not elaborated a comprehensive anti-trafficking law. Although the government took a strong step forward in its 2009 Action Plan to Combat Trafficking in Persons by acknowledging that sex trafficking is not the only form of human trafficking, forced-labor victims continue to be marginalized. As a result of ethnocentric policies, the government prohibits foreign unskilled laborers from working in Japan. But the disparity between the nation’s immigration posture and its labor needs has created a quandary. With a demand for inexpensive labor but without an adequate low wage labor force, Japan uses the government-run Industrial Training Program and Technical Internship Program to create a temporary and low-cost migrant workforce for employers. The stated purpose of the program is to transfer skill, technology, and knowledge to persons of other nations and thereby play a central role in the economic growth of developing nations, specifically those in East Asia. Instead, it has created opportunities for exploitation and human trafficking.

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

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

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

Following up on my last blog post about JAPANESE ONLY: Otaru Onsens Case coming out as a special edition eBook, I am pleased to announce that my nonfiction novel, “IN APPROPRIATE: A Novel of Culture, Kidnapping, and Revenge in Modern Japan”, is now downloadable from Amazons worldwide and Barnes & Noble as a Kindle or NOOK eBook. Price: $9.99.

My first published foray into fiction, IN APPROPRIATE is a thriller about child abductions in Japan after divorce — where one parent loses all custody and access in Japan regardless of nationality. It is an amalgam of several actual cases of child abduction framed on a fictional character, Gary, an American who falls for a Japanese girl in college, then follows her back to Japan during its Bubble Era aftermath. Not only does IN APPROPRIATE chart the progress of Gary’s assimilation into Japanese society, it also marks the slow but steady decline of fortunes for everyone in Japan as the economy sours and opportunities shrink. Gary also realizes that he has married into an elite Japanese family whose priorities regarding his children’s future do not match his, and he eventually realizes that he will have to do something drastic to save them. Praise from readers of IN APPROPRIATE has been very positive…

I am pleased to announce the eBook release of my book “JAPANESE ONLY: The Otaru Hot Springs Case and Racial Discrimination in Japan” Tenth Anniversary Edition, available for immediate download for Amazon Kindle and Barnes & Noble NOOK.

The definitive book on one of Japan’s most important public debates and lawsuits on racial discrimination, this new edition has a new Introduction and Postscript that updates the reader on what has happened in the decade since JO’s first publication by Akashi Shoten Inc. A synopsis of the new book is below.

You can read a sample of the first fifteen or so pages (including the new Introduction), and download the ebook at either link:
http://www.amazon.com/JAPANESE-ONLY-Springs-Discrimination-ebook/dp/B00C8UB6U8
http://www.barnesandnoble.com/w/japanese-only-debito-arudou/1115061298
Price: $9.99

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

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

Crucial to any public discussion is defining the terms of debate. However, often those terms must be redefined later because they don’t reflect reality.

One example is Japan’s concept of “foreigner,” because the related terminology is confusing and provides pretenses for exclusionism.

In terms of strict legal status, if you’re not a citizen you’re a “foreigner” (gaikokujin), right? But not all gaikokujin are the same in terms of acculturation or length of stay in Japan. A tourist “fresh off the boat” has little in common with a noncitizen with a Japanese family, property and permanent residency. Yet into the gaikokujin box they all go.

The lack of terms that properly differentiate or allow for upgrades has negative consequences. A long-termer frequently gets depicted in public discourse as a sojourner, not “at home” in Japan.

Granted, there are specialized terms for visa statuses, such as eijuusha (permanent resident) and tokubetsu eijuusha (special permanent resident, for the Zainichi Korean and Chinese generational “foreigners”). But they rarely appear in common parlance, since the public is generally unaware of visa regimes (many people don’t even know foreigners must carry “gaijin cards”!).

Public debate about Japan’s foreign population must take into account their degree of assimilation. So this column will try to popularize a concept introduced in the 1990s that remains mired in migration studies jargon: denizen…

Table of Contents:
THE UGLY SIDE OF JAPAN’S RIGHTWARD SHIFT (1): BIGOTRY AND HATRED

1) Feb 9 2013 Tokyo Shin-Ohkubo Anti-Korean demonstrator slogans: “Good or Bad, Kill All Koreans” etc.
2) Letters from J human rights groups to the visiting Olympic Committee re Tokyo 2020: Discrimination in Japan violates IOC Charter
3) My latest academic paper on Asia-Pacific Journal: Japan Focus: “Japan’s Rightward Swing and the Tottori Prefecture Human Rights Ordinance”

4) Interesting cases: naturalized Japanese sues city councilor fiance who jilted her for Korean ethnicity, Pakistani parents file criminal complaint for injurious school bullying, Hatoyama Yukio officially called “traitor” for not toeing official party line on Senkaku/Nanjing issues

THE UGLY SIDE OF JAPAN’S RIGHTWARD SHIFT (2): ELITE DOMINANCE AND INSULARITY

5) Prof. Kashiwazaki Chikako: Japan’s Nationality Law and immigration policy deviates from current international legal norm
6) SITYS: GOJ’s new “Points System” to attract “higher-skilled” NJ being reviewed due to dearth of applications, impossibly high hurdles
7) JT/Kyodo: Record high applicants for J refugee status. Why media fixation on refugees? Because they are a bellwether of Japan’s “legitimacy as a competent, advanced, Western democracy”
8 ) Asahi: Business leaders call for law to allow firing of workers without justification: i.e., the gaijinization of all workplaces
9) JT on “Kyakkan Setsu vs. Nibun Setsu”: Grey zones in compensation for “work hours” in Japan

… and finally…
10) Japan Times JUST BE CAUSE Col 61 March 5, 2013: “Child’s quibble with U.S. ‘poverty superpower’ propaganda unravels a sobering story about insular Japan”

PLUS bonus follow-up:
11) Tangent: Tsutsumi Mika’s crooked Jewish character “Goldberg” in her “USA Poverty Superpower” manga.

As our last post talked about labor law issues (and the proposal to abridge Labor Standards in favor of greater “flexibility” to dismiss labor without reasons), here’s an important article that came out in the Japan Times last December that I was waiting to get to, discussing issues once again of employer power over employees: When is a person under the authority of his or her employer, deserving compensation as “work time”? Okunuki talks about important cases in a very enlightening article about just how grey “work hours” are, and underscoring how powerless Japanese employees are regarding all that overtime going unpaid — how many people take things to court or to labor unions to fight under this precedent, or are even aware of “kyakkan setsu vs. nibun setsu”?. And the proposal we discussed last blog entry is to give even more power to employers?

JT: The Labor Standards Law sidesteps a proper definition, and labor law scholars fall into two camps over how a work hour should be defined. One subscribes to what is known as kyakkan-setsu, roughly translating as “objective theory.” This camp argues that work hours are the entire time during which the employee can objectively be considered to be under the authority of her or his employer.

The nibun-setsu (two-part theory) camp, on the other hand, splits work hours into “core” and “peripheral” work hours, with the status of the latter gray area between strictly defined work hours and break time to be determined through agreement between the employer and employed.

The gold standard in case law regarding work hours is the Mitsubishi Heavy Industries Nagasaki Shipyard case. The Supreme Court’s Petty Bench on March 9, 2000, rejected outright the nibun-setsu approach and backed the kyakkan-setsu interpretation. Let’s examine the case.

Asahi: Business leaders at a government panel have proposed that employers in Japan be allowed to fire workers at their discretion as a way to improve the nation’s economic growth. Members of the Industrial Competitiveness Council called March 15 for rules that will, in principle, allow employers to dismiss regular employees freely if the workers are compensated with “re-employment support.” The council is chaired by Prime Minister Shinzo Abe.

COMMENT: Debito.org has previously discussed the curious phenomenon of “Gaijin as Guinea Pig”, where future reforms that put the general public at a disadvantage to the elite are first tested out and normalized through application on Japan’s foreigners. For example, “Academic Apartheid” (the practice of contracting all NJ educators while granting Japanese educators tenure from day one in Japan’s higher education system) gave way to contract employment for every educator in 1997. More examples here. Now according to the Asahi we have the previous legally-enshrined practice of making all workers (roudousha) protected by Japan’s labor laws being chipped away at. Previously seen in the labor-law exemption given NJ workers under “Trainee” Visas (e.g., foreign factory workers, farm laborers, caregivers), we are now seeing a similar push to exempt all Japanese workers from labor law protections. Japan hopes to make themselves more attractive to international labor migration when they’re in process of making an exploitative labor market even more so, for everybody? Again, deserves to be known about.

Asahi: A policy initiative designed to encourage highly skilled foreign professionals to come and stay in Japan is not working out as the Justice Ministry had envisioned. In fact, the point-based system has proved so unpopular that it is being reviewed only a year after it was introduced. [...] According to the Justice Ministry, less than 1,000 will likely be certified in the initial year, compared with 2,000 that officials had expected.

COMMENT: We’ve talked about Japan’s “Points System” before on Debito.org, where I took a dim view of it as just another “revolving door” labor visa regime to bring people over, leech off their prime working lives, and then boot them back home without letting them settle and reap the rewards for contributing to Japanese society (cf. the “Trainees”, the “Nikkei Returnees”, and the “foreign caregivers“, all of whom I have written about for the Japan Times). Well, now, in yet another episode of SITYS (“See I Told You So”), Asahi reports the “Points System” is going through similar “revisions” as the visa scams above due to a dearth of applications. As I thought would happen — the PS’s qualifying hurdles are simply too high. Even if one assumes good faith in Japan’s policymakers (some of whom do see the slow-motion demographic disaster in progress due to crushing public debt unsupportable by a society that is shrinking and aging) who might want to treat “foreign laborers” as people, Japan’s bureaucrats are so paranoid about NJ somehow “abusing” the system that they make it practically impossible for anyone to ever “use” the system to their benefit. Again, the GOJ keep wanting “workers” and discover to their surprise later that they imported “people”, with livelihood needs beyond mere work hours converted into “the privilege of living in Japan”. These policy failures will keep happening again and again until NJ are treated as “people”, and given a fair chance by the GOJ at becoming “Japanese” (with transfers of political, economic, and social power — and that includes input at the policymaking stage too). But I still don’t see that happening anytime soon.

Making national news whenever statistics come out is how Japan deals with (i.e., mostly rejects) refugees. I was always curious about why refugee numbers have always been considered newsworthy (when there are many other significant NJ-related statistics that merit more fanfare but don’t, such as the number of “Newcomers” with Permanent Residency overtaking the “Oldcomer” Zainichis with Special Permanent Residency in 2007, representing a sea change in the composition of permanent immigrant NJs in Japan). But then I found something in an academic writing that put things in perspective: Acceptance of refugees are one bellwether of Japan’s acceptance of international norms, as part of its “greater role in international cooperation” and an attempt “to increase its legitimacy as a competent, advanced Western democracy”. First the most recent news article, then the academic article to put it in perspective:

Kyodo: In 2011, there were 21 foreigners recognized as refugees, but for 2012, the number fell to 18. Since Japan began its refugee recognition system in 1982, there have been 14,299 people who applied and 616 who were recognized as refugees.

Kashiwazaki: Since the mid-1970s, Japan has come into prominence in the international arena as a major player in the world economy. Internationalization became a slogan for the new direction of the country, with demands from both within and abroad to open, to take a leadership role, and to assume international responsibility. For the Japanese government, successful economic development provided the opportunity to assume a greater role in international cooperation and to increase its legitimacy as a competent, advanced Western democracy. To do so would require accepting an emerging set of international legal norms, including those in the area of citizenship…

The end of the Vietnam War in 1975 generated refugees from Indochina. In the same year, the G7 Summit meeting was established. As the only Asian country admitted to membership in the G7 Summit, Japan was obliged to take some steps to accommodate refugees… With the acceptance of refugees, the Japanese government was compelled to join relevant international conventions. Japan acceded to the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social, and Cultural, Rights in 1979, and then ratified the Convention relating to the Status of Refugees in 1981.

COMMENT: Japan basically only acceded to these international norms and agreements as a vanity project — a matter of “not looking like an outlier” in the international community. Not because policymakers had any good-faith interest in helping NJ or outsiders in need come to Japan and settle. That’s why we see honne hiccoughs from time to time (like the one in 2010 when a 78-year-old Zainichi granny was denied social welfare by Oita Prefectural Government — where a court ruled that “Welfare payments to non-citizens would be a form of charity”. So much for those international treaties guaranteeing equal treatment being respected by Japan’s judiciary!). We’ve also seen how Japan simply will not pass a law against racial discrimination (despite signing another international agreement, the UN CERD, in 1995) — and will in fact counteract anyone who does. So in this context, Kyodo’s reporting that “since Japan began its refugee recognition system in 1982, there have been 14,299 people who applied and 616 who were recognized as refugees,” should come as no surprise. The GOJ has no intention of keeping its international treaty promises. They are merely national self-esteem boosters, not real guidelines or goals.