Tsukuba City’s resolution against NJ suffrage passed in 2010, a retrospective in the wake of alarmism

Posted on April 24, 2012April 24, 2012 by Dr. Debito Arudou

I’ve sat on this for more than a year. Now that the whole debate on “granting foreigners suffrage will mean the end of Japan” has probably died down a bit, it’s time that we look back on what happened then, and on the aftermath wrought by people losing their heads.

After the Democratic Party of Japan came to power in 2009, after decades of mostly unbroken and corrupt Liberal Democratic Party rule, there was hope for some new inclusive paradigms vis-a-vis NJ in Japan, one of their smaller party planks was granting NJ (undecided whether NJ would be Permanent Resident or Zainichi Special Permanent Resident) the right to vote in local elections (like other countries do). This, alas, occasioned much protest and alarmist doomsaying about how Japanese society would be ruined by ever enfranchising potentially disloyal foreigners (“They’d concentrate in parts of Japan and secede to China!”, “Kim Jong-Il will now have influence over Japan!”), and suddenly we had regional governments and prefectures passing petitions (seigan) stating that they formally oppose ever giving suffrage to foreigners.

The Tsukuba City Council was no exception, even though Tsukuba in itself is an exceptional city. It has a major international university, a higher-than-average concentration of NJ researchers and academics, a centrally-planned modern showcase living grid with advanced communication networks, and one of Japan’s two foreign-born naturalized citizens (Jon Heese; the other city is Inuyama’s Anthony Bianchi) elected to its city council. Yet Tsukuba, a city designed to be one of those international communities within Japan, was given in December 2010 a petition of NJ suffrage opposition to consider signing and sending off to the DPJ Cabinet. Here’s the draft:

Asahi: Tokyo District Court rules denying J citizenship to children born overseas with one J parent constitutional

Posted on March 27, 2012 by Dr. Debito Arudou

In an important decision regarding how Japanese nationality is granted, the Tokyo District Court ruled constitutional on March 23, 2012, that if a person with Japanese blood is born overseas and has another nationality, and if the parents have not registered the child with Japanese authorities within three months of birth, Japanese nationality will be denied.

This fruity ruling is in contrast to the Supreme Court’s June 2008 landmark ruling regarding Japanese-Filipina plaintiffs in a similar situation, where their Japanese nationality would be recognized despite similar bureaucratic registry snafus (as in, Japanese paternity not being recognized within a certain time frame, and if the child was born out of wedlock). That ruling was justified in part by the judges candidly admitting that lack of Japanese nationality would mean clear and present discrimination in Japan towards these people. (In a related note, the GOJ months later declared a “false paternity” panic, and declared countermeasures were necessary; wheels turn slowly within the Japanese judiciary — perhaps this ruling is a countermeasure to keep the Half riffraff out.)

The possibility of discrimination seemed to make no difference in this ruling, as paternity and wedlock don’t seem to be an issue. Place of birth is, meaning this ruling erodes the primacy of Japan’s jus sanguinis (citizenship by blood) conceits in favor somehow of jus soli (citizenship by birthplace).

Granted, Japanese judges are a fruity lot, and District Court rulings are often overturned for their fruitiness (see the McGowan Case, where an African-American plaintiff was refused entry to an eyeglass store by a manager who expressly disliked black people, and the judge said it was unclear that refusal was due to him being black; and the Oita Zainichi Chinese Welfare Case, which tried to rule that foreigners were not eligible for social welfare, despite it being made legal by the Japanese Diet since 1981! — see here also under item six). Let’s hope there is an appeal and this gets taken before a less fruity court.

Congratulations Donald Keene on getting Japanese citizenship. Now stop making yourself out to be somehow morally superior to NJ.

Posted on March 9, 2012March 12, 2012 by Dr. Debito Arudou

Good news. Congratulations to The Don for getting his Japanese citizenship, and on what looks to be an expedited schedule (of course; the guy is in his ninetieth year!). I think it’s good that an old man can realize his twilight dreams, and take advantage of opportunities that he has clearly earned as a contributor to Japan in the world.

That said, I don’t believe that gives him license to continuously bad-mouth other NJ, whom he yet again essentially accuses of desertion, according to the Asahi article trumpeting the news of his successful application below (translation mine):

“…[Keene] received Japanese Permanent Residency, but after the Great East Japan Earthquake, knowing about the large numbers of foreigners that distanced themselves from Japan, he said, ‘I came to Japan, where I will always stay. I believe in Japan, is what I wanted to broadcast.'”

The Yomiuri adds: Worried over the news that an increasing number of foreigners were leaving the country, Keene made up his mind to permanently live in Japan. “I wanted to endure the hardships with the Japanese, who had taken good care of me, at a difficult time like this,” he said… Starting next month, he will travel by ship to India and Africa for vacation.

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

Posted on February 20, 2012February 20, 2012 by Dr. Debito Arudou

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

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

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

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

Posted on February 17, 2012February 17, 2012 by Dr. Debito Arudou

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

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

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

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

Nepalese beaten to death in Osaka, 4 assailants arrested in apparent hate crime

Posted on January 24, 2012January 25, 2012 by Dr. Debito Arudou

JT: A Nepalese man died Monday after being assaulted on a street in Osaka early Monday by two men and two women, police said Tuesday. Bishnu Prasad Dhamala, 42, died at a hospital after being attacked in Abeno Ward.

The police said they arrested Hiroki Shiraishi, 21, a tattoo artist, and his acquaintance, Miyoko Shiraishi, 22, at the scene after receiving a report about the assault. The police are looking into the whereabouts of the other two assailants. [who were later arrested in Tokyo] The four and Dhamala are not believed to be acquainted and the police are trying to identify the cause of the incident.

COMMENT: This is clearly a hate crime. It is reportedly a random singling out of a NJ by a group of four J youths who beat him senseless — even dropped a bicycle on his head, smashing his skull on the pavement. Fortunately (after a chase), they have all been arrested, no doubt after the security camera footage (below) made any plausible deniability of the event impossible. (In statements to the police, according to the Japanese media below, one assailant even insinuated that he couldn’t believe he had actually killed a foreigner. Come again? That’s the ultimate in kubetsu plus denial.)

There is little more to be said except that this is hardly an isolated incident. We’ve already mentioned the Scott Kang and Matthew Lacey probable homicides (“probable” only because the NPA essentially refuses to acknowledge that they were outright murders, and stonewalls attempts to release further data that would probably prove things conclusively). But go back a bit, and you’ll find the Herculano Case, where a 14-year-old Brazilian boy named Herculano Reiko Lukocevicius was similarly beaten to death on October 6, 1997 by a Japanese gang in Komaki, Aichi (information about a book on his case is here); he was afforded much less press coverage (I’m glad the Japanese media is on the ball this time, with far more coverage in Japanese than in English). And of course we cannot leave out the Suraj Case, which is even more insidious since his brutal death was at the hands of officialdom (and may be but the tip of the iceberg, given Immigration’s history of ill-treatment of NJ while in detention). And if we stretch the issue even further, how about that recent curious “suicide” of a NJ suspect, accused of murdering two other Taiwanese students, who was somehow allowed to have a knife and sufficient mobility while in NPA custody presumably despite searches? All curious lapses in standard procedure when a NJ is involved.

In sum, I think it is time to retire the myth that Japan is preternaturally “safe”. After all, public maintenance of this myth not only gets in the way of honest accounting, but also makes nationality an issue, as officialdom publicly states that foreigners commit more crime (and therefore, the logic eventually ensues, shouldn’t be here in the first place). Let’s face it: When properly accounted for, reported, and considered without the bias of nationality either of victim or perp, Japan has its fair share of criminal behavior. Therefore people should be careful of being the target of basic covetousness, wanton prejudice and scapegoating, or even just random hatred. After all, Japan has no effective laws to punish the last two (see here and here) if you have the misfortune to be existing while foreign here.

J on how Japan’s Immigration Bureau uses unlegislated bureaucratic guidelines to trump the letter of the law, in this case re obtaining Permanent Residency

Posted on December 18, 2011 by Dr. Debito Arudou

J: I think I have an undeniable open-and-shut appeal case in which the courts will most likely overturn an immigration officer’s illegal decline of Permanent Residency. What makes [my] PR decline obviously “illegal” is that the following Law was ignored:
#1 reason for declination is: having committed a crime.
#2 reason for declination is: being financially too poor.
#3 reason for declination is: not being a profit to Japan.
The Law then nicely goes on to state that reason #1 and reason #2 can NOT be used to decline spouses of Japanese citizens. So, this means that if an immigration officer wants to legally decline Permanent Residency to a spouse of a Japanese citizen, he is REQUIRED to claim reason #3. My case is: I’m married to a Japanese citizen (7 years) and yet the immigration officer declined my Permanent Residence using reason #1, “previous conviction” [for a traffic accident].

Followup from J: Whoever wrote the original Law saying that reason #1 and reason #2 can NOT be used to decline spouses of Japanese citizens, their goal was clear: to let foreigners married to Japanese citizens become Permanent Residents, regardless of whether they were convicted criminals, or poor, or both. But then, some bureaucrats within immigration with the opposite goal (limiting PRs) decided to write some new “Guidelines” which say the exact opposite.

These new “Guidelines” (which the Unelected bureaucrats proclaim “trumps” the Laws written by Elected Lawmakers) say that reason #3 includes convictions… Guidelines written by Unelected bureaucrats are REVERSING and TRUMPING the Laws written by Elected Lawmakers, plus let’s remember that these Guidelines are usually secret.

Do the Elected Lawmakers know that their will has been reversed and trumped? Do the Elected Lawmakers know that these new guidelines are in direct conflict with national Laws?

My conversation recently with an immigration official summed it up perfectly, when I read him the Law stating that reason #1 can’t be used against me, he said, “That’s just a law!”

I couldn’t believe it, this officer actually said, in front of his co-workers, “それはただの法律だけ！” His tone was perfectly clear, “WE make the decisions around here, not laws.”

Movie about Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, already in the works — based upon his book. Ick.

Posted on November 30, 2011December 1, 2011 by Dr. Debito Arudou

Here’s some ghoulish news. According to Yahoo News below in Japanese, there is a biopic in the works on Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, coming out next year based upon his book (which we lambasted here on Debito.org last January as publisher profiteering) about his 2 1/2 years on the lam as a fugitive from justice.

Now, movies about killers are nothing new (including ones with overtones of hero worship; consider NATURAL BORN KILLERS), and biopics about Japanese killers (the very good VENGEANCE IS MINE, starring a lean and mean Ogata Ken, I saw back in college) are also out there (even though VENGEANCE, although it tries to analyze the killer’s motivations and mother complex, did not spare the audience of the horrific detail of his murderous activity). Maybe this movie will do the same (even though many of the details of what Ichihashi did to Hawker’s corpse have not been made public). But the article below says that the contents will focus on his life as a fugitive and offer insights into Japan’s low life (such as the day laborer sector of Airin Chiku; cue sympathy for the killer’s hardships?). In any case, I for one see this as just more profiteering. It looks as though this story will be depicted through Ichihashi’s eyes, and there is apparently already quite an online hero cult out there for this creep that the studios would love to cash in upon.

Again, this sort of media event has happened before, but this is altogether too soon — still seems like moviemakers trying to make a fast yen (and an unknown actor trying to make a directorial debut; he talks briefly below about his “feeling of responsibility” towards the victims, but mostly about how the killer’s account fascinates him, so methinks that’s what the flick will focus upon) before Ichihashi fades from public memory. Ick.

MOFA offers public comments on signing Hague Convention on Child Abductions; not much there

Posted on November 27, 2011 by Dr. Debito Arudou

Related to Japan’s future signing of the Hague Convention on Child Abductions, here we have an official report about a public forum held on November 22, 2011 at the Ministry of Foreign Affairs (something I attended before and incidentally considered a very flawed and biased format). Present were academics, lawyers, the Ministries of Justice, Health and Welfare, Education, Internal Affairs, plus the Cabinet and the National Police Agency.

In the course of discussions about setting up a central agency to handle the enforcement of the Hague, 168 public comments were collected since the end of September and were brought up at this meeting. That report follows in full below, courtesy of TS. A few things I found noteworthy within it:

1) The term LBP (Left-Behind Parent) is now part of the Japanese lexicon.

2) In discussions about the right of both parents to have information about (if not access to) their children, the same old saws about DV (domestic violence, however unclearly defined, and in Japan that matters) came up, and the GOJ is as usual being called in to do something about it (apparently more than just mediate, which the GOJ gets all control-freaky and nanny-state about) — seesawing between the LBP’s right to know about their children and the custodian’s right to be safe from the violent boogeyman ex-spouse. This seesawing was also visible in an even more vague discussion about the GOJ holding onto passports of potential abductors and abductees, except under exceptional circumstances that were mentioned but left undeveloped.

3) The GOJ, regarding contact between LBP and child, plans to “support the respect of visitation rights”, but it also leaves measures vague and expresses caution about doing much of anything, really.

All told, this level of discussion was pretty low. I found little concrete here to sink one’s teeth into regarding advising toward future policies guaranteeing the lynchpins to this discussion: joint custody and guaranteed visitation that goes beyond an hour a two a month. Not to mention return of internationally abducted children to their habitual residence as per the Hague. Others are welcome to read the text below and squeeze out whatever interpretations I may have missed. But given how much duplicity has taken place regarding the rights of LBPs in Japan up until now, I sadly remain unhopeful.

The tug of war continues: Fukuoka High Court overrules Oita District Court that doubted, then affirmed, Oita Prefectural Govt’s denial of welfare benefits to superannuated NJ Permanent Resident

Posted on November 18, 2011November 18, 2011 by Dr. Debito Arudou

Yomiuri: The Fukuoka High Court ruled Tuesday that permanent residents in in Japan with foreign nationalities are eligible to receive public welfare assistance, overturning a lower court ruling. The high court accepted an appeal by a 79-year-old woman who is a permanent resident in Japan with Chinese nationality. She filed the lawsuit, claiming that the Oita city government illegally rejected her request for public welfare assistance.

Presiding Judge Hiroshi Koga said in the ruling, “Foreign citizens with permanent residency [in Japan] are legally guaranteed the same status as Japanese citizens who receive the same treatment.” The high court overturned the Oita District Court’s ruling and nullified the Oita city government’s decision not to grant the woman public welfare benefits. According to a lawyer for the plaintiff, it is the nation’s first court ruling to present a legal basis for foreign permanent residents in Japan to receive public welfare benefits.

COMMENT: Okay, that’s good news and a good precedent. Glad they took it away from the denizens of Oita, who as I noted back on Debito.org last November clearly started saying “Chotto…” to the petty bureaucrats, then backtracked within two weeks as the wagons encircled to rule against the alleged foreigner (I would like to hear more about her, i.e., if she is in fact a Zainichi or not — there is a difference between ippan eijuusha and tokubetsu eijuusha, after all, and that will be noted by any legal exceptionalists who want to stop further positive precedent building). But the fact that she’s born here, raised here, speaks Japanese as her native language, and is approaching eighty years of age, yet STILL was denied benefits by heartless bureaucrats, backed up by the judiciary, is more than a bit scary. If this gets appealed to the Supreme Court (after all, the GOJ is a sore loser in court), I hope the judges are in a good mood when they start deliberating. Maybe we should send them sweets.

Mainichi & Yomiuri: Japanese ex-wife arrested in Hawaii on suspicion of abducting child from custodial father

Posted on October 28, 2011October 28, 2011 by Dr. Debito Arudou

Here’s some good news for Left-Behind Parents. The Americans are (unusually, according to the Mainichi and Yomiuri below) enforcing their arrest warrants against Japanese child abductors. In this case, against a Japanese woman who reportedly absconded with the kid off to Japan and, despite a US court awarding the father custody, then used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap). Then she carelessly decided to have her cake and eat it too, by coming back to the US to renew her Green Card, whereupon the authorities honored the arrest warrant against her, leaving the kid in limbo with the grandparents in Japan.

Not an unusual story (especially since the Japanese media once again refuses to use the word “abduction” in conjunction with any of this — just “taking without permission”; sounds much better), except that the Americans are now finally taking action regarding child abductions to Japan, honoring court decisions despite Japan’s vehemently guarding its safe-haven status for international child abduction.

Let’s see how the Japanese media further spins this; I doubt it’ll run against Team-Japanism. But already the editorial slant in the articles below is that signing the Hague Treaty will (somehow) prevent this, in defiance of all the Japanese safe-haveners that want to either not sign it, or caveat it with DV provisions into meaninglessness. Anyway, throw the book at her. This sort of thing has gone on long enough.

GOJ Ministry of Environment is dispersing Tohoku debris, including Fukushima nuclear debris, around Japan despite objections of prefectural govts

Posted on October 20, 2011October 20, 2011 by Dr. Debito Arudou

Here we have some more GOJ mischief in the works regarding the Fukushima debacle. What follows is a primary-source document from the Minister of the Environment, Division of Waste and Recycle Policy, dated October 7, 2011, addressed to all prefectural waste management department heads.

It concerns disposing of debris from the Tohoku disaster areas in other prefectures, as a follow-up to their communication/”survey” of April 8, 2011, where they asked regional governments to pitch in in dispersing the rubble nationwide. The Education Ministry acknowledges that several prefectures expressed trepidation at spreading radioactive refuse all over the country. Nevertheless, as Tokyo has started undertaking the disposal of the debris, it’s clear the GOJ considers it high time that others did their part (as per the “close cooperation” (genmitsu ni rentai shi) between the Minstry and the regional environmental agencies) to match that effort. It is clear that by the fourth paragraph of the directive below, the Ministry will be moving forward with this policy full steam regardless of regional objections.

The results of the abovementioned April communication/”survey” where local governments balked will not be made public. That is to say, those prefectures who balked at taking radiation into their area will not be named [after all, we don’t want NIMBY citizens rallying behind their local representatives that are clearly antipathetic towards GOJ policy].

COMMENT FROM DEBITO: I had heard about this months ago (a rumor that toxic waste from Fukushima was being delivered to my nearby garbage incinerator in Hassamu, Sapporo), but lacked enough evidence to say much at the time. Now we have documented proof that the Japanese government (the Environment Ministry, no less) is taking steps to pressure local governments nationwide into swallowing their fair share of the radiation. Why does this debris have to be carted around the country? Not only could it contaminate the entire nation, it will also shield the nuclear power industry from criticism and responsibility — as it will make it harder to link radiation to the cause of any future sickness or death if casualties are not limited to the Fukushima area. Having the national government shove this down the local governments’ throats is one thing, but the sheer venality, nay, flat-out evil of this kind of policy is staggering.

Just in case you think this may be a hoax, see the Chunichi Shinbun of October 15, 2011 (reprinted below) acknowledging this dispersal is exactly what’s happening, with the local governments (in this case, Aichi-ken) refusing to make public how much debris they’re disposing of.

Health and Education Ministries issue directive to place controls on research going on in Tohoku tsunami disaster zones

Posted on October 18, 2011October 18, 2011 by Dr. Debito Arudou

The Ministry of Health, Labour, and Welfare Ministry has issued a directive, written by the Education Ministry’s Department of Life Sciences, Bureau for the Promotion of Research, to all related research industries, universities, and tertiary-education associations regarding health surveys and research conducted within the Tohoku disaster area.

Dated May 15, 2011, a little more than two months after the tsunami, the directive (full Japanese text below) essentially tells academic researchers 1) there are “ethical guidelines” (rinri shishin) for epidemiologists to follow, and that research guidelines must be passed by ethics committees and approved by their research institution’s head; 2) these health surveys and research must also sufficiently (juubun) be run by the local governments (jichitai) in the disaster areas beforehand, and afterwards the results of the research (if I’m reading this odd and rather vague sentence right) must “take into due consideration” (hairyo) the disaster victims and the appropriate systems providing them health and welfare (better translations welcome); 3) in order to not to cause any undue stress to the disaster victims, health surveys and research must avoid repetition by “not surveying and researching in more detail than necessary”, and with sufficient understanding of the situation on the ground.

Well, it might sound sensible at first read. But given the history of lack of accurate and timely information being issued by the Japanese authorities concerning the whole Fukushima debacle, there is another way to read this ministerial directive: 1) All research must be tracked and approved by somebody above you in the research workplace, 2) All research must be tracked by the local governments and health departments before and after, and 3) All research must not ask too many questions.

The point is, in the name of “ethics”, the government is inserting veto gates into what might become research independent of the GOJ, and making sure that information tracked before and afterwards stays under central control. Which means, in practice, that if there are research lines or inquiries or results unpalatable to the GOJ, they might not be seen by the public.

My read of this document is that this is primary-source evidence of GOJ central control over the scientific method regarding a politically-sensitive issue. And this will control the information flow out to the world regarding the effects and aftermath of Fukushima.

NJ topic du jour: Yomiuri, Mainichi, Nikkei pile on re free papers ads encouraging NJ “criminal behavior”, deemed “criminal infrastructure”

Posted on September 18, 2011September 19, 2011 by Dr. Debito Arudou

Related to my FCCJ article posted here a couple of days ago, we have the J-media now piling on about “harmful ads in the free newspapers aimed at foreigners”, encouraging criminal behavior. This is a national issue of course (as I argued before, articles/campaigns about foreign crime take priority, even drown out good news (or any news) about NJ residents in Japan), and essentially the same article becomes common to the major papers (submitter JK sends the Yomiuri, Mainichi, and Nikkei).

JK comments: I find it odd that on the one hand, the NPA is focused on ads in free papers enticing foreigners to perform criminal acts, whereas on the other hand, the NPA has, to my knowledge, yet to report on the number of pachinko parlors that paid out tokens / goods to players which were converted into cash (read: gambling, a criminal act!). To me, it’s obvious that the NPA is being selective in investigating potential criminal acts because in the case of the ads in the free papers, NJ are specifically involved.”

Yomiuri: Many ads encouraging criminal behavior such as working illegally and entering into fake marriages have been carried by free newspapers aimed at foreigners, according to a police survey.

The survey, conducted by the National Police Agency in May and June, said 736 harmful ads were found in papers distributed in commercial and entertainment districts around the nation.

The NPA will ask publishers of free papers not to run ads encouraging criminal activity. It also may pursue criminal charges against publishers allowing such ads to appear in their papers.

Mainichi adds: The NPA has named the services and means of communication that promote crimes as “crime infrastructure.”

Child Abductions Issue: How Japan’s debate on defining “Domestic Violence”, the loophole in enforcing the Hague Treaty, is heading in the wrong direction

Posted on June 18, 2011June 18, 2011 by Dr. Debito Arudou

Here is a report from a Debito.org reader who translates how the debate on Domestic Violence in Japan (being cited as a reason to create loopholes in Japan’s enforcement of the upcoming signatory status with the Hague Treaty on Child Abductions) is being stretched to justify just about any negative behavior (including non-tactile acts) as “violent”. And note how the checklist of “violent” acts below approaches the issue with the woman as perpetual victim and the man as perpetrator. If accepted as the standard definition, imagine just how much further this will weaken the fathers’ position in any Japanese divorce negotiation.

NGO Sayasaya: Checklist for Women
Please check any of these if you have experienced them:

He sulks if I deviate in any way from what he has requested of me.
He quickly blames me whenever something goes wrong.
When I go out alone, he calls my cell phone regularly.
He is reluctant to associate with my friends and parents.
He is angry if I come home late…

Checklist for Men
Please check any of these if you have experienced them:

I have yelled at her.
I wish that she would only have eyes for me.
Sometimes I don’t answer her when she wants to talk to me.
While speaking with her, I have stood up and got close to her.
She has thought that I made fun of her…

Source: Dr. Numazaki Ichirou “Why Do men choose violence?”

According to Professor Numazaki, the producer of this list, a check mark next to even ONE item indicates a DV event. (For women who checked off one item, they have been a victim of DV and, for men, any checks indicate that that man was a perpetrator of DV.)

Mainichi: “American teacher in Sendai stays in Japan to help with volunteer efforts”

Posted on June 5, 2011 by Dr. Debito Arudou

Mainichi: With the nuclear plant crisis and continuing aftershocks, many foreign assistant English teachers have left Japan to return to their home countries, but one assistant language teacher (ALT) here chose to stay behind and do what he could for volunteer efforts.

Greg Lekich, 31, is an American ALT who teaches English at a high school in Sendai. Together with around 10 others, he has been doing volunteer work such as shoveling mud and helping clean people’s debris-filled houses. He says that he has many friends and students he has taught in Japan, and has grown used to where he lives now. He says he does not have plans to leave the country any time soon.

Lekich was born in Philadelphia. He spent a year of college learning Japanese and came to the country in 2004. After teaching English in Numazu, Shizuoka Prefecture, and other locations, he started work as an ALT at Miyagi Hirose High School and Miyagiken Technical High School from 2007.

When the earthquake struck on March 11, Lekich was in the teacher’s room at Miyagi Hirose High School. It was his first experience of a large earthquake. Following the instructions of the school staff, he evacuated to the athletic field outside. After walking for three hours to return home, he used the Internet to check on the safety of his foreign friends.

As the crisis at the Fukushima No. 1 Nuclear Power Plant was added to the list of disasters, many foreigners in Japan began leaving the country. However, Lekich stayed in Sendai. His father, a former nuclear plant safety engineer, told him that under the circumstances, he didn’t think his son needed to worry so much about the radiation. His mother said she was worried, but asked him to do what he thought was right.

Lekich decided to volunteer. Together with other teachers in the prefecture, he made the website “Teachers for Japan,” through which he and the others have posted English videos of the disaster-hit areas and collected money for those orphaned by the quake or tsunami. He also helps with relief work such as cleaning debris in houses three or four days a week in Wakabayashi Ward in Sendai and the cities of Ishinomaki and Tagajo…

Sankei: MOJ proposes easier visas for importing “higher quality” NJ labor; neglects to offer NJ stronger civil or labor rights

Posted on May 31, 2011June 1, 2011 by Dr. Debito Arudou

The Sankei reports on May 25 that the Ministry of Justice will be loosening some of its strictures on NJ visas (the Sankei uses the word nohouzu in its headline; I’m not 100% sure of the nuance but it sounds like “a wild and endless expansion of favorable treatment regarding NJ entry visas”; rather snotty, but that’s the Sankei for ya).

The new Immigration policy is directed at NJ with very high skills (koudo jinzai — a good idea) and their families (who will also be allowed to work; wow, that’s a change!), will have a points system for evaluation (another good idea), will offer longer visa periods (5 years), and will loosen the specificity between work visas. It’s being touted as a means to make Japan more appealing to NJ labor (you had better!).

Sounds like a step in the right direction. But it’s still 中途半端. What’s missing is GOJ guaranteeing some degree of protection of labor and civil rights after NJ get here. And what about qualifications? Just try practicing law, medicine, or most other licensed skills in Japan now without going through the rigmarole of domestic certification, with walls so high (cf. the NJ nurses from Indonesia and The Philippines over the past few years) that almost all NJ applicants fail (and, magically, have to return home as usual after three years, just like any other revolving-door “Trainee” or “Researcher” NJ laborer).

This isn’t the first time a points system etc. has been floated (only to die the death of a thousand meddling bureaucrats) either. I guess the mandarins are realizing what a fix Japan is in without NJ labor. But if this kind of policy is going to happen at all, the almighty MOJ has to be the one proposing it. Then perhaps the waters will part for Moses. Let’s wait and see.

But this is on balance “good” news. But not “great” news unless the GOJ also does something to force domestic actors to treat NJ nicely. Which is doubtful.

NCN: Stunning revelation from former prosecutor on the real situation of initial training, “We were taught that yakuza and foreigners have no rights”

Posted on May 26, 2011May 31, 2011 by Dr. Debito Arudou

The chief prosecutor in the Saga City Agricultural Co-op case, now known to be a frame-up, spoke at a symposium held in Tokyo on May 23, 2011, offering a revealing discussion of the surprising reality of the training he received when he joined his department. “We were taught that yakuza and foreigners have no human rights,” he disclosed, and “public prosecutors were taught to make up confessions and then have suspects sign them.” Describing how terrifying this warped training system is, he added that “after being trained in that way, [he] began to almost believe that this was natural.” The person making the statements about his erstwhile workplace was former public prosecutor Hiroshi Ichikawa…

Mr. Ichikawa was appointed to the Yokohama District Public Prosecutor’s Office in 1993. He said that in his first year, a superior prosecutor taught him that “yakuza and foreigners have no human rights.” Describing his experiences, he mentioned that that superior said, “Foreigners don’t understand Japanese, so you can use whatever threatening language you like if it’s in Japanese.” The same superior also said that when investigating one foreign suspect, he held a pointed awl in front of the suspect’s face and shouted abuse at the suspect in Japanese. “‘That’s how you get them to confess,’ the superior said.”

In his third year, a superior taught him how to obtain a confession; this consisted of the prosecutor taking a document filled with whatever the prosecutor chose to say, threatening the suspect with it, and obtaining the suspect’s signature. What if the suspect refused to sign? “If the suspect resisted, my boss said, I should say that the document was my [investigation], not his [confession form],” said Mr. Ichikawa.

COMMENT FROM MARK IN YAYOI: The Twitter comments that follow [this article] are dispiriting — nobody seems to notice the fundamental incongruousness of discussing members of a criminal organization and people who happen to have different nationalities in the same breath. And then there are the other commenters who support the idea of certain people not having human rights. Others claim that foreign embassies should be the ones to guarantee the rights of immigrants. They miss the fundamental meaning of ‘human’ rights: rights are inherent aren’t handed down by the government! The government can restrict certain people’s rights, but the default state is not ‘zero rights’.”

Mainichi: “Industries left short-handed after NJ workers flee Japan following nuke accident”

Posted on April 27, 2011July 12, 2012 by Dr. Debito Arudou

Here’s another article tying together more pinpoint data of NJ leaving Japan, with a focus on Chinese. Spare a tear for those poor, poor Japanese industries who took advantage of so many cheap temporary NJ workers, and are now crying because the NJ aren’t sticking around to be potentially irradiated as well as exploited:

Mainichi: Tens of thousands of worried foreign workers left Japan shortly after a crisis at the nuclear power plant that was crippled by the March 11 earthquake and tsunami, causing serious labor shortages in some industries.

After foreign governments lifted their temporary evacuation advisories issued in the wake of the nuclear crisis at the Fukushima No. 1 Nuclear Power Plant, many Americans and Europeans started coming back to Japan, albeit gradually. But workers from neighboring countries such as China have yet to do so.

Chinese people in particular — mostly students and trainees — had occupied key parts of the workforce in many Japanese industries, and therefore if they continue to stay out of Japan for an extended period of time, they could have a grave impact on the industries and force firms to review their business strategies or cut production.

Nikkei reports on the effect of “nihon saru gaikokujin”, aka Fly-jin, with some pretty shaky journalistic practices

Posted on April 25, 2011April 25, 2011 by Dr. Debito Arudou

Here’s yet another article from a more reputable source, the Nihon Keizai Shinbun, talking about the phenomenon of NJ allegedly leaving Japan behind and having an adverse effect on Japan’s economy.

For the record, I don’t doubt that NJ have left Japan due to the Tohoku Disasters. I just have my doubts that a) it’s any more significant than the Japanese who also left, yet get less nasty media coverage (I have yet to see an article comparing both J and NJ “flight” in terms of numbers), b) it’s worth blaming NJ for leaving, since Japanese overseas would probably do much the same if advised to do so by their government in the face of a disaster, and c) the media is actually doing their job investigating sources to nail down the exact statistics. Let’s see how the Nikkei does below: Some bogus journalistic practices unbecoming of something as trusted as the Nikkei, to wit:

Providing a generic photo of people drinking at a Tokyo izakaya and claiming that they’re talking about repatriating NJ (that’s quite simply yarase).

Providing a chart of annual numbers (where the total numbers of NJ dropped in 2009 in part due to the GOJ bribing unemployed Brazilian workers to leave), which is unrelated to the Tohoku Disasters.

Relying on piecemeal sources (cobbling numbers together from Xinhua, some part-timer food chains, an eikaiwa, a prefectural employment agency for “Trainee” slave labor, and other pinpoint sources) that do not necessarily add up to a trend or a total.

Finishing their sentences with the great linguistic hedgers, extrapolators, and speculators (in place of harder sources), including “…to mirareru”, “… sou da”, “there are cases of…” etc. All are great indicators that the article is running on fumes in terms of data.

Portraying Japanese companies as victimized by deserting NJ workers, rather than observing that NJ thus far, to say the least, have helped Japan avoid its labor shortage (how about a more positive, grateful tone towards NJ labor?, is what I’m asking for).

And as always, not comparing their numbers with numbers of Japanese exiting. Although the article avoids the more hectoring tone of other sources I’ve listed on Debito.org, it still makes it seems like the putative Great Flyjin Exodus is leaving Japan high and dry. No mention of course in the article of how many of these NJ might also be leaving Japan because they have no stake in it, i.e. are stuck in a dead-end or part-time job with no hope of promotion, advancement, or leadership within their corporate sector.

Once again, it’s pretty flawed social science. The Nikkei could, and should, do better, and if even the Nikkei of all media venues can’t, that says something bad about Japanese journalism when dealing with ethnic issues. Read the article for yourself.

Fukushima Japanese refused service at hotels etc., plus famous excluder/embezzler Toyoko Inn up to old tricks; requires guests unlawfully sign waivers just to stay

Posted on April 19, 2011April 19, 2011 by Dr. Debito Arudou

Two articles of note for today. One is from the Yomiuri about the Toyoko Inn, that hotel with a history of not only embezzling monies earmarked for Barrier-Free facilities for handicapped clients, but also wantonly racially profiling and unlawfully refusing entry to NJ clients. Less than a week after the Tohoku Disasters, the Yomiuri reports, Toyoko Inns in Iwate, Miyagi, Fukushima, and Ibaraki Prefectures were requiring customers to sign waiver contracts, absolving Toyoko of any responsibility should disaster strike. No signature means you couldn’t get accommodation, which is under the Hotel Management Law (and the Consumer Contract Law, mentioned below), unlawful. What a piece of work Toyoko Inn is. Again, hotels doing things like this deserve to be boycotted for bad business practices.

Then there are the knee-jerk hotels in Japan who go into spasm to deny service whenever possible. If it’s the case of NJ guests (27% of Japanese hotels surveyed, according to a 2008 GOJ survey, indicated they want no NJ guests at all), things get even more spastic: Either a) they Japanese hotels get deputized by the NPA to racially profile their clients, refusing foreign-looking people entry if they don’t show legally-unnecessary ID, or b) they put signs up to refuse NJ clients entry because they feel they “can’t offer sufficient service” (seriously), or c) they refuse NJ because of whatever “safety issue” they can dredge up, including the threat of theft and terrorism, or even d) they get promoted by government tourist agencies despite unlawfully having exclusionary policies. What a mess Japan’s hotel industry is.

As for Japanese guests? Not always better. Here’s the latest mutation: The Yomiuri reports places are refusing Japanese people too from irradiated Fukushima Prefecture because they think they might be glowing:

As the article lays out, it’s not just a hotel (although hotels have a particular responsibility, even under the law, to offer refuge and rest to the paying public). A gas station reportedly had a sign up refusing Fukushima Kenmin (they must think Fukushimans spark!), while complaints came in to official soudan madoguchi that a restaurant refused Fukushimans entry and someone had his car defaced. In all, 162 complaints reportedly came in regarding fuhyou higai, or roughly “damages due to disreputation” of being tarred by the disasters. Now that’s an interesting word for a nasty phenomenon.

Good news is that these problems are at least being reported in the media as a social problem, and Fukushima Prefecture is asking the national government to address them. Let’s hope the GOJ takes measures to protect Fukushima et.al. from further exposure to “fuhyou” and discrimination. Might be a template for getting the same for NJ. (Okay, probably not, but it’s still the right thing to do.)

More J media regarding NJ within earthquake-stricken Japan: Rumors of “Foreign Crime Gangs”; rapes and muggings, while tabloids headline “all NJ have flown Japan” etc.

Posted on April 13, 2011April 15, 2011 by Dr. Debito Arudou

As promised, here we have a record of how domestic media is either reporting on nasty rumors denigrating NJ, or circulating those nasty rumors themselves. The GOJ is taking measures to quell the clacking keyboards, but the tabloids (roundly decried for spreading exaggerated information overseas about the state of radioactivity from Fukushima) are still selling papers by targeting NJ regardless. (There’s a lot of text in Japanese below; keep paging down. Brief comments in English sandwiched between.)

First, the Asahi and Sankei report “dema” swirling about saying that foreigners are forming criminal gangs (echoes of 1923’s rumored Korean well poisonings, which lead to massacres) and carrying out muggings and rapes. Yet Sankei (yes, even the Sankei) publishes that there hasn’t been a single reported case (glad they’re setting the record straight):

The GOJ is also playing a part in quelling and deleting internet rumors, thank goodness: Still, that doesn’t stop other media from headlining other (and still nasty) rumors about how (bad) NJ are heading south towards Tokyo (soon rendering Ueno into a lawless zone). Or that NJ are all just getting the hell out:

Fellow Blogger Hoofin has made an attempt to mathematically debunk this alleged phenomenon of “Fly-Jin”, noting that the person to coin this phrase has since commented with a bit of regret at being the butterfly flapping his wings and setting this rhetorical shitstorm in motion (much like GOJ shill Robert Angel regretting ever coining the word “Japan bashing”). We have enough anti-NJ rhetorical tendencies in Japan without the NJ community contributing, thank you very much.

Besides (as other Debito.org Readers have pointed out), if the shoe was on the other foot, do you think Japanese citizens living overseas would refuse to consider repatriating themselves out of a stricken disaster area (and do you think the media of that stricken country would zero in on them with the same nasty verve?).

Meanwhile, xenophobic websites continue to rail and rant against NJ, since hate speech in Japan is not an illegal activity: Here’s but one example (which has escaped the notice of the GOJ as yet, calling for the execution of foreign criminals and throwing their bodies into the sea); I’m sure readers can find more and post them in the Comments Section below:

People always need someone to blame or speak ill of, I guess. I’ll talk more soon about how Japanese from Fukushima are also being targeted for exclusion. However, it seems that hate speech directed towards NJ is less “discriminate”, so to speak — in that it doesn’t matter where you came from, how long you’ve been here, or what you’re doing or have done for Japan; as long as you’re foreign in Japan, you’re suspect and potentially subversive. Just as long as one can anonymously bad-mouth other people in billets and online, one can get away with it. Again, this is why we have laws against hate speech in other countries — to stem these nasty tendencies found in every society.

Weekend Tangent: BBC show QI gets scolded by J media and embassy for insensitivity re atomic bombings

Posted on January 22, 2011January 22, 2011 by Dr. Debito Arudou

As a Weekend Tangent (for the record, I have no particular stance on this issue), here’s another bit following yesterday’s about official GOJ reactions to overseas media: The BBC One show QI and its segment on the “unluckiest (or luckiest, depending on how you look at it) man in the world”: a survivor of two atomic bombings who died recently at the age of 93. It has engendered much criticism from the J media and cyberspace. Here’s a comment from Debito.org Reader JS:

“For the record, QI is a general knowledge quiz show with liberal doses of humour (points are awarded not for being correct, but for being “quite interesting”). They were actually quite complimentary about Yamaguchi and the Japanese resolve in the face of adversity, but apparently it was enough to merit a formal complaint and prime-time news coverage. Oh, and apparently Yamaguchi used to call himself “the unluckiest man in the world”, and he and his family laughed about it. I would say, as a Brit, that they’re laughing at the irony of the situation, not at Yamaguchi personally.”

FCCJ No.1 Shimbun: A killing separation: Two French fathers suicide 2010 after marital separation and child abduction

Posted on January 11, 2011 by Dr. Debito Arudou

Amid rumblings that Japan will sign the Hague Convention on Child Abductions this year (the Yomiuri says it’s currently being “mulled”), here’s another reason why it should be signed — child abductions after separation or divorce are driving parents to suicide. Read on. The Yomiuri articles follow.

FCCJ: The life and career of Arnaud Simon once could have exemplified the excellent relationship between Japan and France. A young French historian teaching in Tokyo, Simon was preparing a thesis on the history of thought during the Edo Period. He was married to a Japanese woman. They had one son.

But on Nov. 20, Arnaud Simon took his own life. He hanged himself. He did not need to leave an explanatory note; his closest friends knew he had lost the appetite for living because his wife would not allow Simon to see his son after their marriage broke up. Simon apparently tried on multiple occasions to take his boy home from school, but the police blocked the young father each time.

“The lawyers he met were trying to appease him, not help him,” one of his former colleagues remembers.

Another Frenchman in the same situation, Christophe Guillermin, committed suicide in June. These two deaths are terrible reminders of the hell some foreign parents inhabit in Japan – and because of Japan. When a couple separates here, custody of any children is traditionally awarded to the mother. After that, the children rarely have contact with the “other side”; they are supposed to delete the losing parent from their lives…

Japan Times et.al: Suraj Case of death during deportation sent to prosecutors

Posted on January 6, 2011 by Dr. Debito Arudou

Japan Times: Chiba police have turned over to prosecutors their case against 10 immigration officers suspected of being involved in the death of a Ghanaian deportee they had restrained and physically placed aboard a jetliner last March at Narita International Airport.

The action Monday came six months after the man’s Japanese widow and her lawyers filed a criminal complaint demanding that prosecutors take action against the airport immigration officers who overpowered Abubakar Awudu Suraj to get him on the jet, where he subsequently died of unknown causes while handcuffed in his seat.

The police turned their case against the 10 men, aged 24 to 48, who are still working, over to the Chiba District Public Prosecutor’s Office. They could face charges of violence and cruelty by special public officers resulting in death, a Chiba police officer said… Handcuffed and his mouth covered with a towel, Suraj was found unconscious in the aircraft and confirmed dead at a hospital, Yoshida had quoted the officer as saying. The police were unable to pinpoint the cause of death…

Fukui City now requiring J language ability for NJ taxpayer access to public housing. Despite being ruled impermissible by Shiga Guv in 2002.

Posted on December 21, 2010December 21, 2010 by Dr. Debito Arudou

Blogger: Last April the city of Fukui adopted a “guideline” in its municipal public housing regulations that stated non-Japanese who applied for low-income housing must be able to “communicate in Japanese.” Applications for those who cannot will not be accepted. Since then various groups that work with foreigners in Japan have protested the guideline, but it still stands. Some of these groups have said that they are aware that some non-Japanese applicants, though they qualify for public housing otherwise, have been prevented from applying for housing due to the new guideline.

There are nine cities in Fukui Prefecture, but only Fukui City has such a rule. The city official in charge of public housing told a local newspaper that his office had received complaints from community associations (jichikai) of individual public housing complexes. These associations said that some non-Japanese residents were unable to communicate “very well” in Japanese, and thus it was difficult for them to understand and follow association rules regarding the “sorting of refuse” and “noise.” For that reason, the city government adopted this new guideline.

COMMENT: I’ve heard of this sort of thing happening before. Shiga Prefecture also banned NJ who do not “speak Japanese” from its public housing back in 2002. However, the Shiga Governor directly intervened literally hours after this was made public by the Mainichi Shinbun and rescinded this, as public facilities (and that includes housing, of course) cannot ban taxpayers (and that includes NJ, of course). Whether or not the Fukui Governor will show the same degree of enlightenment remains to be seen. Maybe some media exposure might help this time too.

French Embassy reports French father of abducted child in Japan commits suicide

Posted on November 26, 2010November 26, 2010 by Dr. Debito Arudou

The latest in a series of tragedies through child abductions by Japanese because Japan’s laws and Family Court do not prevent them (more at crnjapan.net): The tragedy is clearly not only that of children being deprived of a parent. On November 19, a Left-Behind Parent deprived himself of his life. As reports the French Embassy in French and Japanese on November 24. English translation first, then official texts from the Embassy. We’ve had government after government denouncing this practice, GOJ, as the French Embassy puts it so eruditely below. How much longer must it go on?

French Embassy: Our compatriot Arnaud Simon killed himself Friday, November 19. The French teacher in Tokyo, he was 35 years old and lived in Japan since 2006.

Separated from his wife since last March, he was the father of a boy of 20 months he had sought unsuccessfully to gain custody. Our community is in mourning and I present on behalf of all our condolences to his family and loved ones.

Nobody can speak with certainty about the reasons why a man so young to commit an act so terrible. Mr. Simon, however, had recently expressed to the consular section of our embassy in Tokyo of its difficulties to meet his son and it is very likely that the separation from her child was a determining factor. This reminds us all if need be suffering fathers of the 32 French and two hundred other cases identified by consular authorities as being deprived of because of their parental rights.

It is clear that our words and deeds are little face a dramatic situation, but I wanted to remind the determined action of the French authorities and the Embassy in connection with its German partners, American, Australian, Belgian, British, Canadian, Colombian, Spanish, Hungarian, Italian and New Zealand calling on Japan to ratify the Hague Convention on Civil Aspects of International Child Abduction and expedite a review of individual records to find appropriate solutions where they are possible, depending on circumstances.

It is the interests of children, that nobody has the right to deprive one of their parents. It is also to take into account the suffering of the fathers we have today is a tragic event.

Mainichi: Bullying of Filipina-Japanese grade schooler in Gunma leads to suicide: NHK ignores ethnicity issue in reports

Posted on November 8, 2010November 9, 2010 by Dr. Debito Arudou

For the record, here are some of the Mainichi’s articles on a recent suicide of a multiethnic Japanese due to classroom bullying. Uemura Akiko, a Filipina-Japanese grade schooler, was found dead by hanging three weeks ago in an apparent suicide, and evidence suggests that this was after being bullied for her Philippine ethnicity. Given the number of international marriages in Japan, I think we’re going to see quite a few more cases like this unless people start realizing that a multicultural, multiethnic Japan is not just something theoretical, but here and now. We need an official, MEXT and board-of-education approach of zero tolerance towards kids (who are, of course, going to tease each other no matter what) who choose to single people out due to their race or ethnic background.

As submitter JK puts it, “This is why IMO, having a law against racial discrimination on the books is only part of the solution — what is really needed is a mental shift towards creating a culture of racial inclusion. There is no future for a Japan whose modus operandi is ‘The nail that sticks out…'”

Mainichi & Asahi: “4 arrested for helping Cambodian men work illegally”. Odd, given shysterism of Trainee Visa program

Posted on October 21, 2010October 21, 2010 by Dr. Debito Arudou

Three articles here describing police actually arresting people (Japanese employers, too) for NJ employment visa violations. Interesting, given all the shysterism that goes on under the Trainee Visa etc. programs that necessitate civil (not criminal) court cases for redress, and involve few arrests. I guess it’s more important to employ people on proper visas than to employ them humanely. Get the visa right, and you can do whatever you want to your NJ workers. Perhaps that’s precisely what the Trainee Visa was designed to enable: Cheap exploitable NJ labor for companies in trouble.

Mainichi: The president of an information technology (IT)-related company and three others were arrested on Oct. 18 for helping three Cambodian men come to Japan under the guise of IT engineers and illegally work at a supermarket, police said.

Arrested for violating the Immigration Control and Refugee Recognition Law were Lim Wee Yee, 39, president of the IT company in Iizuka who is a Malaysian national; Takashi Miyazaki, 40, president of the Kurume Chimakiya supermarket chain; his younger brother and board member Yoji Miyazaki, 36; and Masaru Sakai, 30, the operator of another supermarket.

Fukuoka General Union info site on how BOEs are outsourcing ALTs through dispatch companies, not through JET Programme

Posted on October 14, 2010 by Dr. Debito Arudou

FGU: Throughout Japan Boards of Education have been moving away from the JET program in favour of outsourcing ALT jobs to dispatch companies. In Fukuoka it has come to the point that most BOEs subcontract out their work.

This page is aimed to shed some light on the current systems that operate to the detriment of ALTs – who are practically all non-Japanese (NJ).

– Why do BOEs outsource ALT teaching jobs.
– The difference between direct employ, sub-contract and dispatch contracts.
– What is illegal about a sub-contract ALT working at a public school.
– The tender bid process.
– How much money do dispatch companies make from ALTs?
– Dispatch company ALT and health insurance.
– How dispatch companies and BOEs get rid of ALTs they don’t like.
– Ministry of Education tells BOEs to directly employ ALTs – BOEs ignore directive.
– Labour Standards Office issue reprimand, BOE has head in the sand.
– How the sub-contracting system damages other teachers in the industry.
– Why the Fukuoka General Union is fighting for direct employment.
– Reference materials
– You Tube news reports on the ALT sub-contracting issue (Helps explain the situation to Japanese teachers)

Why do BOEs outsource ALT teaching jobs.
Up until a few years ago most local governments procured their Assistant Language Teachers (ALTs) through the JET program. However, with local government budgets tightening, they began looking for ways to cut expenditure. The cost of keeping a JET was about 6 million yen per year, so when they were approached by dispatch companies which offered to do it for less they jumped on the bandwagon. But not only did they save money, they outsourced the management of the ALTs, getting the dispatch company to take on the troublesome chore of getting the ALT accommodation, assimilating them into Japanese society and taking care of any trouble that arises. Like a cancer the number of non-JET ALTs at public schools increased to a point where they make up the bulk of ALTs in Fukuoka (and other) Prefectures. To outsource the ALT teaching jobs, they have determined that it is a “service” (業務 gyomu)…

Asahi: Zaitokukai arrests: Rightist adult bullies of Zainichi schoolchildren being investigated

Posted on August 14, 2010August 14, 2010 by Dr. Debito Arudou

We’ve seen plenty of cases where Far-Right protesters who harass and even use violence towards people and counter-demonstrators doing so with impunity from the Japanese police (examples here, here, here, and within the movie Yasukuni). However, it looks as though they went too far when this case below was brought up before a United Nations representative visiting Japan last March, and now arrests and investigations of the bullies are taking place (youtube video of that event here, from part two). Good.

Asahi: Senior members of a group of “Net rightists” who hurled abuse at elementary schoolchildren attending a pro-Pyongyang Korean school were arrested by police on Tuesday.

The group, part of a new wave of extreme nationalist groups that use video-sharing websites to promote their activities, targeted children at Kyoto Chosen Daiichi Elementary School in the city’s Minami Ward with taunts including “Leave Japan, children of spies” and “This school is nurturing North Korean spies.”

A janitor, a snack bar operator, an electrician and a company employee, all men in their 30s and 40s, are suspected of playing leading roles in the demonstration near the school on Dec. 4 last year.

On Tuesday, police began questioning four people, including Dairyo Kawahigashi, 39, an executive of Zainichi Tokken o Yurusanai Shimin no Kai, which literally means, “a citizens group that does not approve of privileges for Korean residents in Japan,” and is known as Zaitokukai for short.

Police also searched the Tokyo home of the group’s chairman, Makoto Sakurai, 38…

Asahi: South Korea, China overtaking Japan in ‘cool’ culture battle, whatever that means

Posted on July 30, 2010July 30, 2010 by Dr. Debito Arudou

Here are two articles about an economic phenom I’ve never quite gotten the hang of: the “coolness” of a country. The Asahi frets that Japan is losing out to other Asian countries in “coolness”, whatever that means. There is an actual department within METI dealing with “cool”, BTW, and an article below talks about “Japan’s Gross National Cool”, again, whatever that means. Sounds like a means for former PMs like Aso to create manga museums and bureaucrats to get a line-item budget for officially studying “soft power”. Ka-ching.

But in all fairness, it’s not only Japan. Brazil is doing something similar with its quest for “soft power” (but more as an understated tangent to its economic growth, according to The Economist London). And of course, PM Blair had “Cool Brittania”. So this may be just an extension of trying to measure the value of services as well as hard material goods, or a hybrid thereof. It’s just that with “soft power” comes the potential for some equally soft-focus science — how can you be “losing” to other countries in something so hard to measure?

Kyodo: NJ crime down once again, but NPA spin says NJ crime gangs “increasingly” targeting Japan, whines about difficulty in statistically measuring NJ crime

Posted on July 24, 2010July 24, 2010 by Dr. Debito Arudou

Kyodo reports the semiannual NPA NJ crime propaganda campaign, claiming once again some kind of “increase”. Before, we had decreases in crime depicted as an increase, depending on what crime you looked at or what language the article was in. Now it’s the NPA, in the face of a 40% admitted drop in “NJ criminals rounded up” since 2004, giving the spin of doubting its own statistics. What’s next, saying NJ are more likely to commit crime because of their criminal DNA? (Actually, Tokyo Gov Ishihara beat them to that nearly a decade ago.)

Here’s the report being referred to in pdf format:
http://www.npa.go.jp/sosikihanzai/kokusaisousa/kokusai6/rainichi.pdf

Note how on the bottom of page two, they give a definition that the “gaikokujin” they’re referring to do not mean those here with PR status, the Zainichi, the US military, or “those with unclear Statuses of Residence” (what, refugees? certainly not visa overstayers). Okay. Pity the media doesn’t mention that. Nor is it mentioned that although this report is supposed to deal with “international crime”, it is just titled “Rainichi Gaikokujin Hanzai no Kenkyo Joukyou” (lit. The Situation of Cases of Crimes by Foreigners Coming to Japan). I guess just talking about garden-variety crime by NJ (back in the day when it was allegedly going up) isn’t convenient anymore. You have to narrow the focus to find the crime and shoot the fish in the proverbial barrel — it gets the headlines that attribute crime to nationality, even somehow allows you to doubt your own statistics. Moreover enables you to claim a budget to “establish a system in which investigators across the nation would be able to work in an integrated manner to counter crimes committed by foreigners” (as opposed to an integrated manner to counter crimes in general).

Let’s see what the NPA spin is next time. Fascinatingly bad science.

Yet another story of child-custody misery thanks to Japan’s insane family laws and enforcement

Posted on July 17, 2010July 17, 2010 by Dr. Debito Arudou

Forwarding the below from a friend. This is just another case of many where we have people (regardless of nationality, but thanks to the Koseki System NJ are in a particularly weak situation, particularly regarding international child abduction) doing awful things to their children after divorce simply because they can, and the authorities will do little or nothing to stop it. I have of course written on the subject of divorce and post-divorce before (here and here, for example), but let me say at this juncture that for me it has gotten much, much worse over the past few years. (I still myself have seen my kids maybe six times over the past six years, but now there is a development that someday I’ll tell you about, when I have drawn some conclusions and have some lessons from it.)

Meanwhile, I’ve said it before and I’ll say it again because it is a harsh reality:

As Japan’s Family Laws stand now, nobody — regardless of nationality — should get married to a Japanese and have kids. Because if you divorce — or even separate — somebody will quite likely lose them completely.

Read on for yet another example of that. Even more examples and case studies at the Japan Children’s Rights Network here.

Asahi editorial supports NJ PR Suffrage, published during election-period debates

Posted on July 13, 2010 by Dr. Debito Arudou

In the middle of the election period, here’s a surprising editorial from the Asahi — in support of NJ PR Suffrage! The ruling DPJ dropped it from their manifesto, and most parties that took it up as an issue (LDP, Kokumin Shintou (rendered below as People’s New Party) and Tachiagare Nippon (i.e. Sunrise Party, hah)) used it to bash NJ and try to gain votes from xenophobia (didn’t matter; the latter two still did not gain seats from it). Anyway, here’s the strongest argument made by mainstream Japanese media in support of it. And it’s a doozy. Thanks Asahi for injecting some tolerance into the debate. Maybe it made a difference in voting patterns.

Asahi: More than 2.2 million foreign residents are registered in Japan, and 910,000 of them have been granted permanent resident status. Japan is already a country comprising people with various backgrounds. It is appropriate to have those people rooted in their local communities to share the responsibility in solving problems and developing their communities.

It is also appropriate to allow their participation in local elections as residents, while respecting their bonds to their home nations.

In its new strategy for economic growth, the government says it will consider a framework for taking in foreigners to supplement the work force. To become an open country, Japan must create an environment that foreigners find easy to live in.

An Asahi Shimbun survey in late April and May showed that 49 percent of the respondents were in favor of foreign suffrage while 43 percent were against it.

Since public opinion is divided, the DPJ, which put the issue on the public agenda, should not waffle but should give steady and persuasive arguments to the public.

Sunday Tangent: excellent Mark Schreiber article on crime terms in J media

Posted on June 20, 2010 by Dr. Debito Arudou

As a Sunday Tangent, here’s a lovely little lesson in Japanese from a person who’s collated all this information the hardscrabble way — through years of experience in Japan. Mark Schreiber has been here about as long as I’ve been alive (he came to Japan in 1965 shortly after I was born; no connection, of course), and I love it when we have shortcuts like this to useful linguistic knowledge.

Excerpt: “If nabbed by police in 現行犯 (genkōhan, the act of committing a crime), a culprit might warn his cohorts by saying, おい、逃げろ！サツだ！ (Oi, nigero! Satsu da!, Beat it! It’s the cops!).

To obtain witness testimony at 犯行現場 (hankō genba, the scene of the crime), police will engage in 聞き込み (kikikomi, door-to-door canvassing). In serious cases, a 逃亡者（tōbōsha, fugitive) might be the subject of a 全国指名手配 (zenkoku shimei tehai, nationwide dragnet).

Of course, 前科者 (zenkamono, people with a previous criminal record) facing a prison sentence are likely to 無罪を主張する (muzai wo shuchō suru, proclaim innocence), using such expressions as 僕は絶対にやってない (Boku wa zettai ni yatte nai, I absolutely didn’t do it), 僕は白だ (Boku wa shiro da, I’m “white,” i.e., “clean” or innocent), or even 濡れ衣を着せられた (Nureginu wo kiserareta, I was made to wear wet silk, i.e., framed).

To avoid the possibility of 冤罪裁判 (enzai saiban, a miscarriage of justice), police must follow procedure while bearing in mind that 疑わしきは罰せず (utagawashiki wa bassezu, suspicion does not equal guilt, i.e., the suspect is innocent until proved guilty).”

Asahi poll: Japan would rather be poorer as a nation than accept immigration

Posted on June 14, 2010June 14, 2010 by Dr. Debito Arudou

This was brought up as a blog comment a few days ago, but let’s talk about it as its own blog entry. The Asahi did an extensive poll on what people see as Japan’s future in relative economic decline. Results indicate that people are distressed about China overtaking Japan, but they apparently aren’t ready to change much to change that. Most germane to Debito.org is the question:

“On accepting immigrants to maintain economic vitality, only 26 percent supported such a move, while 65 percent opposed.”

Meaning that people polled apparently would rather be poorer as a nation than accept immigrants.

Of course, no immigrant without citizenship was polled (if even then), so ah well.

That said, we had the good point, raised within the blog comments on this the other day, that it just might be better for organic acceptance of immigrants over time than to bring in huge numbers and force them on the populace (although I don’t see events over this past decade helping matters much, including the unfettered hate speech towards NJ during the PR Suffrage debates, political leaders publicly doubting the “true Japaneseness” of naturalized Japanese or Japanese with NJ roots, and other elements of officialdom blaming NJ for social problems such as crime, terrorism, and infectious diseases).

Then again, a friend of mine also raised an even more pertinent point: “What’s the point of asking that question at all? We still haven’t had a good debate on immigration and why Japan needs it. Nobody’s explained the merits of immigration to the Japanese public all that well. [In fact, discussion of it is even taboo.]. So no wonder people are negatively predisposed. Why change things when we don’t understand why?” Touche.

Toyoko Inn opens “exclusively Chinese” hotel in Susukino Sapporo, refuses Japanese and other NJ; media ignores questionable legality

Posted on June 10, 2010June 10, 2010 by Dr. Debito Arudou

Dovetailing with the recent Debito.org posts showing China’s increasing domestic influence over Japan’s economics (here and here), below we have some newspaper articles (Japanese, couldn’t find English anywhere) noting that Toyoko Inn has opened a new hotel complex in Sapporo Susukino that caters exclusively to Chinese. The Nikkei and the Yomiuri call it “Chuugokujin sen’you hoteru” below, smacking of the “Nihonjin Sen’you Ten” wording used for signs in Russian excluding all foreigners entry from businesses in Monbetsu, Hokkaido (i.e. only Chinese are allowed to stay in this hotel). Local Doshin only mildly mentions they are “Chuugokujin muke” (catering to Chinese).

I’m pretty torn by this development. On one hand, here is an unusually progressive business initiative in hiring and catering to NJ (with nary a mention of all the “different culture resulting in the inevitable frictions” that was a undercurrent of much domestic reporting about, say, Australians investing in Niseko). Supply and demand, you might say, who cares if the money is from Chinese. Fine.

On the other hand, however, we have the Balkanization of the hotel industry, with NJ being assigned their own special gated community (in violation of Japanese law; choosing customers by nationality is unlawful under the Hotel Management Law), with again nary a question about the legality.

And again, this is the Toyoko Inn, with its history of special policies for racial profiling and declining hotel rooms (or threatening to) to “foreigners”, including residents and naturalized citizens, who do not show their Gaijin Cards. Not to mention embezzling GOJ funds earmarked for handicapped facilities.

In short, I smell a rat. Yet more opportunism and questionable legal practices by Toyoko Inn. I’d recommend you not patronize them, but then again, unless you’re a Chinese reading this, you probably can’t stay at the hotel in question anyway.

UPDATE: Called Toyoko Inn. Yes, they accept only Chinese guests. All other NJ and Japanese (yes, Japanese) are refused lodging.

Kyodo: MOFA conducts online survey on parental child abductions and signing Hague Convention (in Japanese only)

Posted on May 27, 2010May 27, 2010 by Dr. Debito Arudou

The Ministry of Foreign Affairs has just started asking for opinions from the public regarding Japan’s ascension to the Hague Convention on the Civil Aspects of International Child Abduction (which provides guidelines for dealing with cases of children being taken across borders without the consent of both parents, as well as establishing custody and visitation).

Sounds good until you consider the contexts. We’ve already had a lot of Japanese media portraying the Japanese side of an international marriage as victims, fleeing an abusive NJ. Even the odd crackpot lawyer gets airtime saying that signing the Hague will only empower the wrong side of the divorce (i.e. the allegedly violent and-by-the-way foreign side), justifying Japan keeping its status as a safe haven. Even the Kyodo article below shies away from calling this activity “abduction” by adding “so-called” inverted quotes (good thing the Convention says it plainly).

But now we have the MOFA officially asking for public opinions from the goldfish bowl. Despite the issue being one of international marriage and abduction, the survey is in Japanese only. Fine for those NJ who can read and comment in the language. But it still gives an undeniable advantage to the GOJ basically hearing only the “Japanese side” of the divorce. Let’s at least have it in English as well, shall we?

Kyodo article below, along with the text of the survey in Japanese and unofficial English translation. Is it just me, or do the questions feel just a tad leading, asking you to give reasons why Japan shouldn’t sign? In any case, I find it hard to imagine an aggrieved J parent holding all the aces (not to mention the kids) saying, “Sure, sign the Hague, eliminate our safe haven and take away my power of custody and revenge.” That’s why we need both sides of the story, with I don’t believe this survey is earnestly trying to get.

Former J employees sue Prada for sexual and power harassment, TV claims “racial discrimination”

Posted on May 19, 2010May 19, 2010 by Dr. Debito Arudou

In an interesting twist to the whole “racial discrimination” issue in Japan, we have Japanese managers suing their former employer, world-famous luxury brand maker Prada, for alleged workplace sexual and power harassment, and “lookism” (i.e. treating people adversely based upon their “looks”).

Good, in the sense that people who are treated badly by employers don’t just take it on the chin as usual. But what makes this a Debito.org issue is the allegation, made by at least one morning Wide Show (“Sukkiri” last Monday, May 17), is that the companies are practicing “racial discrimination” (jinshu sabetsu).

Funny thing, that. If this were a Japanese company being sued for harassment, there would be no claim of racial discrimination (as race would not be a factor). But this time it’s not a Japanese company — it’s Prada. Yet when NJ or naturalized Japanese sue for racial discrimination (as they did in the Otaru Onsen Case), the media would NEVER call it “racial discrimination”, merely “cultural misunderstandings” and the like.

Another example of the Japanese media saying racism is only something done TO Japanese, never BY Japanese?

Asahi: J companies abandoning old hiring and promotion practices, offering NJ employees equitable positions (seriously, that’s what they say!). Come again?

Posted on April 12, 2010April 12, 2010 by Dr. Debito Arudou

Here’s something that goes against common experience and common sense: The Asahi claiming that more major Japanese companies are hiring NJ more equitably. As in, they’ll be leaders in a quarter-century or so. Yeah, I heard that back in the Eighties during the “Kokusaika Boom”, when I too was hired at Japanese companies to help with companies “internationalization”, and got out real quick when I realized it was fallacious. What do others think? Have things changed? I have included some posts below from The Commnity talking about this, and they seem to disagree with the Asahi.

Asahi: With overseas markets increasingly seen as the key to their survival, Japanese companies are adopting a more “international” look at home involving changes that would have been unheard of years ago.

Long-held practices in hiring have been scrapped, as have limits on positions available to non-Japanese at the companies’ head offices in Tokyo and other Japanese cities.

Methods of communication have shifted as foreigners take on increasingly important roles in devising strategy for overseas sales.

The employment of Lee Guanglin Samson, a 29-year-old Singaporean, is one example of how electronic appliance maker Toshiba Corp. is evolving.

“Judging that a more global use of human personnel is necessary, we decided not to use Japanese-language abilities as a requirement for employment,” said Seiichiro Suzuki, head of Toshiba’s personnel center. “Those whom we want are people who will be able to become leaders of business divisions 25 years later.”

Comment from a job interviewee: Had two interviews at two major Japanese companies about two months ago (Nitori, the “home fashion” store found throughout Japan, and Zensho, the company behind Sukiya and family restaurants, 3rd largest food company behind McDonalds and Skylark). I got “we don’t think a foreigner can handle the intense Japanese work environment” from both, Nitori in particular narrowed it down from “foreigner” to “Americans,” saying that it’s not likely I’d be able to keep up, and even if I did, I would just get burned out, because that’s just how Americans are.

More Juuminhyou idiocies: Dogs now allowed Residency Certificates in Tokyo Itabashi-ku. But not NJ residents, of course.

Posted on April 8, 2010April 8, 2010 by Dr. Debito Arudou

Debito.org Reader KC just submitted two articles (I had heard about this, but was busy with other stuff and neglected to blog it, sorry) about Tokyo Itabashi-ku giving Residency Certificates (juuminhyou) to dogs. Fine, but how about foreigners? They are still not allowed to get their own.

For those who came in late, brief background on the issue: NJ get a different registry certificate, are not automatically listed on their families’ Residency Certificates unless they request it and only if the bureaucrat in charge believes they are “effective head of household”, and are not counted as “residents” anyway in some population tallies despite paying residency taxes). Japan is the only country I know of (and definitely the only developed country) requiring citizenship for residency. This is said to be changing by 2012. But I won’t cheer this legal “vaporware” until after it happens, and it still comes after the humiliation of long allowing sea mammals and cartoon characters their own residency certificates overnight. To wit: 自治体は動物や架空の存在に住民票を発行する（『たまちゃん』横浜（2003）、『鉄腕アトム』新座市（2003）、『クレヨンしんちゃん』日下部市（2004）、『クーちゃん』釧路市（2009）など。More on the issue here.

Mainichi: Supreme Court defamation ruling sounds warning bell over online responsibility

Posted on April 3, 2010 by Dr. Debito Arudou

Take that, 2-Channel. Mainichi: Just because a piece of information is published on the Internet, viewers do not necessarily deem it to be of low credibility. So ruled the Supreme Court recently in a defamation suit in which a man was accused of slandering a restaurant operator on his own Web site, saying that the company was affiliated with a cult.

The top’s court’s ruling secures a guilty verdict that ordered the man to pay 300,000 yen in compensation. It was the first ruling to confirm that the conditions for establishing defamation were not relaxed on the Internet.

Considering that people are often slandered, have their privacy violated, and sometimes even suffer human rights violations on the Internet — where users can post comments anonymously — the Supreme Court’s decision can be deemed appropriate.

Mar 31 UN Rep Bustamante’s Full Press Release on Japan’s Human Rights Record

Posted on March 31, 2010April 6, 2010 by Dr. Debito Arudou

PRESS RELEASE MARCH 31, 2010: UN MIGRANTS RIGHTS EXPERT URGES JAPAN TO INCREASE PROTECTION OF MIGRANTS (excerpt)

TOKYO – The UN expert on migrants’ human rights on Wednesday praised Japan for some of the measures it has taken to alleviate the impact of the economic crisis on migrants, but, based on information provided by civil society, he noted that it is still facing a range of challenges, including racism and discrimination, exploitation, a tendency by the judiciary and police to ignore their rights and the overall lack of a comprehensive immigration policy that incorporates human rights protection…

The Special Rapporteur said, many challenges still need to be addressed by the Government in order to protect the human rights of migrants and their children. He listed some of the most important, along with some preliminary recommendations on how to improve the situation:

Kyodo: NJ “Trainees” win ¥17 million for trainee abuses by employer and “broker”

Posted on February 17, 2010February 17, 2010 by Dr. Debito Arudou

Kyodo: The Kumamoto District Court awarded more than ¥17 million in damages Friday to four Chinese interns who were forced to work long hours for low wages in Kumamoto Prefecture.

The court ordered that the union Plaspa Apparel, which arranged the trainee work for the four, to pay ¥4.4 million and that the actual employer, a sewing agency, pay ¥12.8 million in unpaid wages.

It is the first ruling that held a job broker for foreign trainees liable for their hardships, according to lawyers representing the four interns.

debito.org

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