Michael Moore lambastes GOJ for being fingerprinted at border during his first Japan trip

Michael Moore: I landed at the airport and the customs people asked me for my fingerprints. I’m 55 years old and I’ve never been fingerprinted in my life, partly because I’ve never figured out the right kind of crime to commit, and partly because there’s no reason to fingerprint me. So I stepped up to the counter and they said please put your fingers here. And I said, Why? I didn’t refuse, I just asked why. And they immediately called in a supervisor and took me away. They told me, You have to be fingerprinted. And I said, I’ve never been fingerprinted. I have privacy rights, this is a democracy, right? They said, OK, so you want to be deported to the United States. I said, No, so they took me into a room and brought in another supervisor, even higher, and he said I could either voluntarily give my fingerprints and enter the country or they would forceably put me back on a plane back the US. So it’s a lose-lose situation, I said, and he said, But you do this in the United States, when we visit the United States. And I said, Well, that’s wrong. You have a passport, you took my picture, you X-rayed me. I don’t understand the fingerprint. It’s like, if no one stands up and says every now and then, we have rights as individuals. This is a privacy issue. I’ve not committed any crime, so therefore you’re not deserving of my fingerprints. So we went back and forth and they read me my rights, which I brought along. They had me read in English. I read that. My wife had already gone through the line and my friends were waiting, so I reluctantly gave in, but I gave them a different finger than my index one. I was allowed in the country at that point.

Post #1500!: Japan Times JUST BE CAUSE column Dec 1 2009 on making Japan more attractive to immigrants (with links to sources)

Japan Times: We are about to start a new decade. This past one has been pretty rotten for NJ residents. Recall the campaigns: Kicked off by Tokyo Gov. Shintaro Ishihara’s “Sankokujin Speech” in 2000, where he called upon the Self-Defense Forces to round up foreigners in the event of a natural disaster, we have had periodic public panics (al-Qaida, SARS, H1N1, the G8 Summits and the World Cup), politicians, police and media bashing foreigners as criminals and terrorists, the reinstitution of fingerprinting, and increased NJ tracking through hotels, workplaces and RFID (radio-frequency identification) “gaijin cards”. In other words, the 2000s saw the public image of NJ converted from “misunderstood outsider” to “social destabilizer”; government surveys even showed that an increasing majority of Japanese think NJ deserve fewer human rights!

Let’s change course. If Hatoyama is as serious as he says he is about putting legislation back in the hands of elected officials, it’s high time to countermand the elite bureaucratic xenophobes that pass for policymakers in Japan. Grant some concessions to non-citizens to make immigration to Japan more attractive.

Otherwise, potential immigrants will just go someplace else. Japan, which will soon drop to third place in the ranking of world economies, will be all the poorer for it.

Get Japan Times tomorrow, full-page JUST BE CAUSE column with my suggestions to DPJ on immigration policies

My next Japan Times JUST BE CAUSE column is coming out on Tuesday, December 1, 2009 (Wednesday in the provinces).

Topic: 1300 words on what PM Hatoyama and the DPJ should be doing to make life easier for everyone in Japan, regardless of nationality, by devising immigration policies that focus more on assimilation, less on policing, for a change. Have a read!

Advice re Japan Law Society, Tokyo/Osaka association of NJ lawyers: they really won’t pay you if they invite you to speak

I gave a seminar for the Japan Law Society in Osaka a year ago, something that was even applied for legal profession education credit overseas. Checking my records recently I realized I never got paid anything for it. Contacted, they replied that they never were going to pay me anyway (not even the general minimum standard in Japan of 5000 yen for travel expenses).

More fool me, you might say, for accepting the invitation. I guess the lesson to be learned here is that when the Japan Law Society invites you as a speaker and then says it will not pay you, take it seriously. It won’t. But that’s in my opinion quite unprofessional and deserves to be known about. Professionals who want related professional assistance should be willing to compensate the provider for the service. That’s how the system works when professionals are involved.

AFP: PM Hatoyama strongly hints he wants immigration to Japan (bonus: PM Hatoyama Newsletter Nov 4)

AFP – Japan’s Prime Minister Yukio Hatoyama said Nov 14 that his country, which is battling low birth rates and an ageing population, should make itself more attractive to migrants.

Japan has some of the world’s strictest controls on immigration, and Hatoyama admitted that he was broaching a “sensitive issue”.

But he said that as well as introducing pro-family policies, Japan should attempt to encourage migrants to live and work there…

“I am not sure if I can call this ‘immigration policy’, but what’s important is to create an environment that is friendly to people all around the world so that they voluntarily live in Japan,” he said.

COMMENT: Again, wait and see, but I still find it disappointing that very little that would protect NJ rights in Japan is even on the drawing board. So we should be demanding it wherever possible. We’ve tried bringing a million or so NJ here since 1990 without protecting their rights and lifestyles from discrimination. Look where it got us. Let’s learn from that already, shall we?

NPR interview with Jake Adelstein, author “Tokyo Vice”, on how police and laws do not stop NJ human trafficking in Japan

Jake Adelstein, whose new book TOKYO VICE just came out, was interviewed on America’s National Public Radio program “FRESH AIR” on November 10, 2009. What follows is an excerpt from their podcast, minute 23:45 onwards, which talks about how domestic laws hamstring the NPA from actually cracking down on human trafficking and exploiting NJ for Japan’s sex trades. Jake’s work in part enabled the US State Department to list Japan as a Tier-Two Human Trafficker, and got Japan to pass more effective domestic laws against it.

Read on to see how the process works in particular against NJ, given their especially weak position (both legally and languagewise). If NJ go to the police to report their exploitation, it’s the NJ who get arrested (and deported), not the trafficker. And then the trafficker goes after the NJ’s family overseas. Glad people like Jake are out there exposing this sort of thing.

UPDATE: Kyoto Tourist Association replies, tells Kyoto hotel “Kyou no Yado” to stop “Japanese speakers only” rules

Regarding an issue I blogged here about earlier this week, about a hotel named “Kyou no Yado” that advertised on its Rakuten Travel listing that it would refuse any customer who did not speak Japanese, an update:

I contacted the Kyoto Tourist Association, the Kyoto City Tourism Board, and the National Tourism Agency in Tokyo about this issue with handwritten letters last Monday. I received a letter yesterday sokutatsu (included below) from the Kyoto Tourist Association, as well as a personal phone call yesterday afternoon from a Mr Sunagawa there, who told me the following:

The hotel was indeed violating the Hotel Management Law (which holds that people may only be refused lodgings if all rooms were booked, there was threat of contagious disease, or endangerment of “public morals”) by refusing people who could not speak Japanese,

The hotel was hereby advised by KTA to change its rules and open its doors to people regardless of language ability,

The hotel did not protest, and in fact would “fix” (naosu) its writeup on its Rakuten Travel entry,
The hotel hasn’t gotten to it yet, but assuredly would. (It still hasn’t as of this writing.)

I asked what was meant by “fix”, and whether the language would just be shifted to find another way to refuse people again in violation of the Hotel Management Law. Mr Sunagawa wasn’t sure what would be done, but they would keep an eye on it, he said.

Mr Sunagawa was very apologetic about my treatment, especially given the rudeness of Kyou no Yado’s written reply, and hoped that I would consider coming back to Kyoto soon and not have an unfavorable impression of it.

Brief bit on tonight’s Hatoyama-Obama press conference; discussion of Obama’s Japan visit

Just a quick word, having watched the the 8:30-9:05 joint press conference tonight between PM Hatoyama and Pres Obama.

For those who did not see it, they focussed on issues that were of a larger geopolitical nature, including Afghanistan, nuclear weapons, North Korea, global warming, moving Guantanamo trials to the US, and, foremost, the need for maintaining the strength of the Japan-US Alliance and its positive effects on the wealth, security, and stability of East Asia as a region.

They took only one question each from the press corps (so each of them asked lots of questions). The child abductions, the point most germane to Debito.org at this time, did not come up.

I open this blog entry so that others can discuss what they thought about the press conference, as well as Obama’s Japan visit this time around in general. Go for it.

Watch Obama in Japan tonight (speech schedule enclosed)

Paul Toland: By the way, For those of you who are following President Obama’s trip to Japan, here are the two most important times to be watching:

1. 13 November, 7 PM (Japan Time), 5 AM (Eastern Standard Time) – President Obama’s meeting with Prime Minister Hatoyama, to be followed by a Joint Press Conference. I don’t know the exact time of the press conference, but I’m assuming it will be about an hour or so after their meeting. I’ll be watching for that tomorrow morning.

2. 14 November, 10 AM (Japan Time), 13 Nov 8 PM (Eastern Standard Time) – President Obama will be making a speech at Suntory Hall in Tokyo, in which he will discuss his view of U.S. engagement in Asia and reaffirm the strength of Washington’s alliance with Japan.

While I doubt he will address the child abduction issue at the Speech at Suntory Hall, I am hoping he does mention the issue at the Joint Press Conference, or if he does not mention it, I am hoping the press will ask about it during the Q&A. Unfortunately, the Q&A is usually only about 3 questions from each country’s press (3 Questions from Japanese press, 3 questions from American Press). There’s almost no chance that the Japanese press will raise it, so let’s hope the US press will raise it within the context of their 3 allowed questions.

Mutantfrog’s Joe Jones’s excellent discussion of rights and wrongs of divorce in Japan; causes stark conclusions for me

I often stop by an excellent website run by some young-Turk commentators on Japan called Mutantfrog. Full of insight and well-thought-out essays, one caught my eye a few weeks ago regarding what the Savoie Child Abduction Case has brought to the fore about divorce in Japan. It made me draw some harsh conclusions. Here they are:

NOBODY SHOULD GET MARRIED AND HAVE CHILDREN UNDER THE CURRENT MARRIAGE LAWS AND FAMILY REGISTRATION SYSTEM IN JAPAN.

NOT JAPANESE. NOT NON-JAPANESE. NOT ANYONE.

Because if people marry and have kids, one parent will lose them, meaning all legal ties, custody rights, and visitation rights, in the event of a divorce. This is not good for the children.

Japan has had marriage laws essentially unamended since 1898! (See Fuess, Divorce in Japan) Clearly this does not reflect a modern situation, and until this changes people should go Common-Law (also not an option in Japan), and make it clear to their representatives that Japan’s current legal situation is not family-friendly enough for them to tie the knot.

Some reforms necessary:

Abolition of the Koseki Family Registration system (because that is what makes children property of one parent or the other, and puts NJ at a huge disadvantage).

Recognize Visitation Rights (menkai ken) for both parents during separation and after divorce.

Recognize Joint Custody (kyoudou kango ken) after divorce.

Enforce the Hague Convention on Child Abductions and the Convention on the Rights of the Child.

Enforce overseas custody court decisions in Japanese courts.

Recognize “Irreconcilable Differences” (seikaku no fuitchi) as grounds for divorce.

Shorten legal separation (bekkyo) times from the current benchmark of around five years to one or two.

Stock the Mediation Councils (choutei) with real professionals and trained marriage counselors (not yuushikisha (“people with awareness”), who are essentially folks off the street with no standardized credentials).

Strengthen Family Court powers to enforce contempt of court for perjury (lying is frequent in divorce proceedings and currently essentially unpunishable), and force police to enforce court orders involving restraining orders and domestic violence (Japanese police are disinclined to get involved in family disputes).

“Japanese speakers only” Kyoto exclusionary hotel stands by its rules, says it’s doing nothing unlawful

As is my wont, I don’t like to leave exclusionary business practices alone. Even if that means letter writing and cajoling people to cease a bad habit. What gets me is when even cajoling doesn’t work, and the cajoled turns uncharacteristically rude towards a paying customer. Then I get mad.

Background: Last October, I attended a writers’ conference in Kyoto, and discovered that even in September just about all hotels in Kyoto were booked (it was approaching peak fall color season). The only one left was a place in Fushimi that advertised online that they refused anyone who could not speak Japanese. This is, by the way, contrary to the Hotel Management Law (Ryokan Gyouhou, which can only refuse customers if all rooms are taken, or if there is a health or a “public morals” problem).

I tried to vote with my feet and find alternative accommodation, but wound up having no choice, and made the reservation with the Fushimi place. I did, however, the night before going down, find last-minute alternative accommodations at an unexclusionary hotel (at more than double the price). Then I paid in cash by post to the Fushimi place the sizeable cancellation fee for the last-minute switch.

But I also enclosed a handwritten letter telling them why I cancelled, expressing my discontent with the rule that people would be refused for a lack of Japanese language ability (what with this tourist town, there are always ways to communicate — including speaking electronic dictionaries; how does one judge sufficient “language abilities”? and what about deaf or mute Japanese? etc. etc.). I also asked them to repeal this exclusionary rule, pointing out that it was an unlawful practice.

I got a rude reply back. Without addressing me by name, I got a terse letter without any of the formal aisatsu or written tone that a customer-client relationship in this society would warrant. It also included further spurious insinuated logic that since they couldn’t speak any foreign languages, this business open to the public was somehow not bound to provide service to the general public. They also categorically denied that their rules are unlawful, coupled with the presumptuous claim that since they didn’t refuse me it was odd for me to feel any disfavor with their system. And more. In other words, thanks for your money, but we can do as we please, so sod you.

Now I’m mad. I sent this exchange off yesterday with a handwritten note to the Kyoto City Government Department of Tourism and the Kyoto Tourist Association, advising them to engage in some Administrative Guidance. The latter organization has already told me that they are a private-sector institution, and that since this hotel is not one of their members they have no influence in this situation. And if the city does get back to me (I’ve done this sort of thing before; government agencies in Japan have even abetted “Japanese Only” hotels), I’ll be surprised. But I’m not letting this nasty place slide without at least notifying the authorities. This is just one more reason why we need a law against racial discrimination.

Japan Focus: Lawrence Repeta on DPJ and Ministry of Justice: fundamental reforms at last?

Repeta: The landslide victory of the Democratic Party of Japan (DPJ) in parliamentary elections held on August 30, 2009 is likely to result in policy change in many areas. There seems little doubt that we will see a very different approach to calibrating the balance between police power and individual rights.

One of the more startling appointments to the new Cabinet is that of Yokohama lawyer Chiba Keiko to be Minister of Justice. The authority of the Ministry is great, with responsibility to enforce criminal laws, protect individual rights, manage the immigration system, and generally oversee the legal system itself, including preparation and review of draft legislation. Ms. Chiba’s appointment should result in a sharp change in policy. She brings with her a history of more than two decades in the Diet in which she opposed nearly all LDP initiatives related to Ministry operations…

If there was any doubt on this score, she wiped it away in formal comments released on September 16, the day the new Cabinet took office. In her first message to the nation as Minister, Chiba declared that her mission is to help build a society that respects human rights and a judicial system that is “close to the people” (kokumin ni mijika na shiho). To achieve this, she listed three specific steps. First is the establishment of a new human rights agency. Second is ratification of so-called “Optional Protocols” to human rights treaties. Third is creating transparency in criminal interrogations…

New Debito.org Poll: “What are the TOP THREE things you think the DPJ should do policywise for NJ in Japan? (choose up to 3)”

In part two of a series polling what the new DPJ Administration should do regarding making life in Japan better for NJ residents, I have offered a second Debito.org poll at top right column, “What are the TOP THREE things you think the DPJ should do policywise for NJ in Japan? (choose up to 3)”, with some choices you might find delectable.

It offers the same options in the same order as the previous poll (archived here, and you can still vote on that, too), except that one only wanted the polled to chose ONE option (since politicians have trouble working on more than one than one track at a time). Now with THREE choices, we should be able to see better overlaps and midpoints, and perhaps get a better sense of what concerned readers of Debito.org think the GOJ should do for us. G’wan, let us know what you think!

Open Letter to Pres. Obama re Nov 12 Japan Visit and Child Abductions from Left-Behind Parent

Conclusion: When you meet with Prime Minister Hatoyama, please remind him of his statements. There is no need to wait another two years to implement the rights Japan agreed to uphold when they became signatory to the United Nations Convention on the Rights of the Child. Please walk right up to Mr. Hatoyama, look him squarely in the eye, and tell him non-custodial parents must have immediate access to their children. Let the Japanese Government know that there is no room for negotiation. Please uphold both parental and children’s fundamental human rights. The Lord knows I have done about all I can. I have fought inside and outside of Japanese Courts with everything I’ve have left. I’ve been jailed, placed in solitary confinement, and stripped of all my assets for trying be a father.

Mr. President, like so many other left behind parents, I pray every night to see my children for years. Please use your office and your voice to make this happen. There are so many parents who have renewed hopes since you have taken office. When you come to Japan for talks with the Japanese Government please make this issue an important part of the discussion. YES WE CAN!

Japan Times JUST BE CAUSE column: “Demography vs. Demagoguery”

Japan Times column: Thus “immigration,” like “racial discrimination” (JBC, June 2), has become another taboo topic. One must not mention it by name, especially if you represent a government-funded think tank.

Then, when you have whole branches of government studiously ignoring the issue (even though last June the Health Ministry proposed training for companies to hire more foreigners, the former Aso Cabinet wouldn’t consider immigration as one of its top five priority plans), we can but say that the ostrich is in full burrow mode.

This is why I’m having trouble seeing any public policy — from the Nikkei workers being bribed to go home after two decades of contributions, to the proposed imports of Indonesian and Philippine nurses — as anything more than yet another “active use of the foreign working labor population.” Or, more honestly put, programs exploiting revolving-door employment regimes.

How seriously can we continue to tempt foreigners with the promise of a life in Japan in exchange for the best years of their labor productivity, only to revoke their livelihoods and pension contributions at the first opportunity, blaming globalization’s vicissitudes?

Next Japan Times JUST BE CAUSE column tomorrow, Tues Nov 3, on how politics has infected J demographic science

Just a quick heads up for those in the big big cities to get a copy of the Japan Times off their newsstand tomorrow. My next JUST BE CAUSE column will be on Japan’s demographic science: How politics is interfering with analysis, making any official consideration of immigration as a possible factor a taboo topic. That’s tomorrow, Tues November 3 (Weds in the provinces), Japan Times.

Fallout from “The Cove”: TV’s “South Park” takes on Japan’s dolphin slaughters and whale hunts

This is making the rounds of the blogoverse. South Park takes on the Japanese dolphin culls and whale hunts, thanks to the publicity from “The Cove”. It’s worth seeing. As a South Park fan, I must say this is all within character for the show… and it as usual ties the issue up into large intellectual knots, and pushes the frontiers of “taboo humor”. Enjoy, I guess.

Letter from US Senators Boxer and Corker to Obama re Child Abductions, for his Nov 12 visit to Japan

Letter from two US senators to Obama on Japan’s Child Abductions issue:

“It is particularly troubling that Japan remains the only G-7 industrialized nation that has yet to accede to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention has been adopted by more than 70 countries and is an important tool for those seeking access to and/or the return of a child abducted across international borders. We agree that Japan’s accession to the Hague Convention would result in important reforms to Japanese family law and we are grateful that the United States continues to prioritize this issue.

“But while we acknowledge that Japan’s accession to the Hague Convention is an important goal, the United States must also work with Japan to establish a bilateral mechanism to assist with the resolution of current cases. This is critical because the Hague Convention does not pertain to already completed abductions, and therefore cannot be used as a tool to resolve existing cases. We urge your Administration to seriously consider initiatives, including mediation, to foster cooperative and coordinated engagement with the Japanese government on cases of international parental child abduction. Many parents have not seen or heard from their children in years. We cannot sit back and wait while these children grow up without one parent.

“We feel strongly that the recent election of the Democratic Party of Japan (DPJ), under the leadership of Prime Minister Hatoyama, is a unique opportunity for the United States to reinvigorate its dialogue with Japan on the issue of international parental child abduction. As such, we urge you to ensure that the United States continues to raise this issue at the highest possible levels in the context of our nations’ close bilateral relationship.”

Mainichi: Numerous foreign trainees forced to work under harsh conditions in Japan, even to death

Mainichi: The Justice Ministry has confirmed that a record 452 companies and other organizations that accepted foreign trainees were involved in illegal practices last year. About 60 percent of them involve violations of labor-related laws, including unpaid wages and overtime allowances.

A survey conducted by the Japan International Training Cooperation Organization (JITCO) has found that a record 34 trainees died in fiscal 2008. Nearly half, or 16 of them, died of brain and heart diseases that are often caused by long working hours. Experts say that there is a high possibility that they died from overwork.

With the amendment to the Immigration Control and Refugee Recognition Law, labor related laws, which had applied to foreign trainees from their second year, now apply to those in their first year of training. As a result, it is now guaranteed that foreign trainees can sign proper employment contracts with their employers, just like Japanese workers.

The government is poised to revise its regulations to inspect companies that accept foreign trainees at least once a month to see if their working conditions are legal as well as stiffen penalties for businesses involved in illegal labor practices and strictly examine the terms of contracts between foreign trainees and employment agencies in their home countries.

However, support groups question the effectiveness of these measures, pointing out that many of those in their second year of training are subjected to illegal labor practices.

Tangent: Microsoft apologizes for photoshopping out black man from its Poland advertising. Contrast with McDonald’s Japan “Mr James”

Bit of a tangent but not really. Here’s what happens when another multinational apparently caters to “regional sensibilities” — this time Microsoft photoshopping out an African-American in one of its ads to cater to a Polish audience.

Contrast with “Mr James”. We see none of the cultural relativity that the whole McDonald’s Japan “Mr James” issue got (or even claims of “just-deserts” from certain parties). And Microsoft even apologizes — something McDonald’s Japan has steadfastly refused to do (and still runs the “Mr James” campaign to this day; fortunately it finishes shortly). Any theories behind the difference?

Joint statement by eight governments re Japan’s untenable stance on international child abductions

Joint Statement on International Child Abduction
By the Ambassadors of Australia, Canada, France, Italy, New Zealand, Spain, the United Kingdom and the United States

Excerpt: Because parental child abduction involving Japan affects so many of our citizens, we, the Ambassadors to Japan of Canada, France, Italy, New Zealand, Spain, the United Kingdom and the United States, and the Deputy Head of Mission from the Embassy of Australia, called on Justice Minister Chiba today to address our concerns.

We place the highest priority on the welfare of children who have been the victims of international parental child abduction and believe that our children should grow up with access to both parents. Therefore, in our meeting with Minister Chiba we called upon Japan to accede to the Convention. We also urged that Japan meanwhile identify and implement measures to enable parents who are separated from their children to maintain contact with them and to visit them.

Japan is an important friend and partner for each of our countries, and we share many values in common. This makes it all the more important to develop tangible solutions to cases of parental child abduction in Japan. We are eager to work closely and in a positive manner with the new Japanese government on this issue.

Sunday Tangent: Eric Johnston on getting freelance reporting jobs in Japan

I attended the Japan Writers’ Conference last weekend in Kyoto (even presented, handout here). A very good time with some very good presentations, one of which was Eric Johnston’s excellent presentation on how to find freelance journalist jobs in Japan. There was so much information in his powerpoint that I asked if I could blog it here for wider consumption. Yeppers, he said, so here are some excerpts. Download the whole powerpoint below for the full story.

REPORTING OPPORTUNITIES IN JAPAN:
A Practical Guide
By Eric Johnston, Deputy Editor, The Japan Times, Osaka bureau …

MSNBC.com/AP on left-behind dads in Japan regardless of nationality

Slightly dated article recently published in the South China Morning Post, but still worth a read, for how the issues of Japanese family law and child abductions affect Japanese too:

AP: Yoshida has banded together with other divorced fathers to form a support group, one of several that have sprung up in recent years.

A few lawyers and lawmakers have showed support for their cause. A bar association group is studying parenting and visitation arrangements in other countries such as Australia.

Japan also faces a growing number of international custody disputes. The U.S., Britain, France and Canada have urged Japan to sign the 1980 Hague Convention on International Child Abduction, which has been signed by 80 countries. It seeks to standardize laws among participating countries to ensure that custody decisions can be made by appropriate courts and protect the rights of access of both parents.

Japan’s government has argued that signing the convention may not protect Japanese women and their children from abusive foreign husbands. Foreign Minister Katsuya Okada said this week that officials were reviewing the matter.

Divorced fathers say that joining the Hague convention would be a major step toward bringing the possibility of joint custody to Japan because it would require a major overhaul of the country’s family laws.

Asahi Shinbun EDITORIAL: Child abduction in Japan English Translation

Official English translation of the Asahi Editorial on the Child Abduction issue, with Japanese in previous entry today. There are some tweaks within, to eliminate “culture” as a factor in some places, while other places add it (as in, the lack of a “culture” of joint custody? Isn’t that a legal issue?). And how about the literal translation of Japan signing the Hague Convention now could be “as ineffective as grafting a shoot onto a different kind of tree” (I’m glad the original Japanese didn’t use an expression involving breeding dogs or something). Again, the need to “protect our own from NJ” is still too strong; the argument should be how everyone in Japan benefits regardless of nationality if you safeguard rights of custody and access a la international treaty.

In translation, the Asahi: “At present, divorced Japanese parents whose children have been taken abroad by their non-Japanese ex-spouses have no legal recourse. The ranks of Japanese citizens marrying non-Japanese are swelling steadily, and the number tops 40,000 a year. It is probably not realistic for Japan to continue avoiding the Hague Convention.”

Colin Jones in Japan Times: How J media is portraying J divorcees and child abductors as victims, NJ as perps

Lawyer Colin Jones has hit us with a one-two punch this week in the Japan Times — first by explaining what Christopher Savoie’s arrest and recent release for “kidnapping” his own kids has brought to light, and now about how the domestic media is reacting to it. Predictably, portraying Japanese as perpetual victim, NJ as perp and victimizer. I’ve mentioned the biased NHK report on the subject before (so does Colin below in his article). Now, here’s a deeper roundup and some crystal-balling about how this might affect NJ particularly adversely as wagons circle and the GOJ protects its own. Excerpt follows:

…While Japan signing the Hague Convention is certainly a desirable goal, it is probably convenient for everyone on the Japanese government side of the issue for foreigners to be the bad guys. That way they appear to be dealing with a “new” problem, rather than one that they have already ignored for far too long. From there, the easiest way to prevent further abductions is to require foreign residents seeking to exit Japan with their children to show proof that the other parent consents to the travel. This requirement, I believe, will be the most immediate tangible result of Japan signing the Hague Convention (if in fact it ever does).

If such a requirement is imposed, will it apply to Japanese people? Probably not: Japanese citizens have a constitutional right to leave their country. And foreigners? They apparently lack this right — the re-entry permit foreigner residents are required to have is proof that they are not equally free to come and go as they please!

Colin Jones in Japan Times: What the media attention from Savoie Child Abduction Case highlights

Colin Jones in the Japan Times: My own view is that as a matter of law, Japan could start returning abducted children tomorrow without having signed the Hague Convention — just as children who have been abducted to countries like the United States or England have been returned to Japan notwithstanding the country’s nonsignatory status. Mr. Savoie’s case clearly demonstrates that it is not actually necessary to waste time and money in futile family court proceedings to get your child back: The police will do it for you if it is in their interests to arrest the abducting parent. The converse is that they may not do anything if it is not, and this is also why it is conceivable that Japan could sign the Hague Convention and immediately appear on the U.S. State Department’s list of noncompliant treaty partners.

Whatever the law says, it is very hard to imagine it being in the interests of the police and prosecutors to be seen taking crying half-Japanese children away from distraught Japanese mothers.

This is why the media attention is so important on this issue. Because law in Japan tends to serve the bureaucrats first and the people second, legislation and litigation may not lead to solutions if the bureaucrats are part of the problem. Thus, it will likely be criticism — relentless pressure and attention from both domestic and foreign sources — that will probably carry the day in Japan shedding its shameful status as an abduction haven. If so, it will be because the criticism risks damaging the authority of the bureaucrats by making them look bad.

Reuters on skater Yuko Kawaguchi: How Japan’s lack of dual nationality brands her a “traitor”

MOSCOW, Oct 14 (Reuters) – Yuko Kawaguchi was branded a traitor in her native Japan when she changed nationality to pursue her childhood dream of competing in the Olympics.

Since Japan does not allow dual citizenship, the figure skater was forced to give up her Japanese passport in exchange for a Russian one, enabling her and partner Alexander Smirnov to represent her adopted country at next year’s Winter Games in Vancouver…

While competing internationally for Russia required approval only from the sport’s governing body, the International Skating Union (ISU), she had to obtain Russian citizenship in order to take part in the Olympics.

COMMENT:Here’s another case of how Japan’s lack of dual nationality causes unnecessary hardship and sacrifice. Figure skater Yuko Kawaguchi has to give up her Japanese nationality in order to skate — and she reportedly gets branded a “traitor” for her trouble.

Japan puts enough pressure on its athletes to be world-class (sometimes demanding no less than a gold medal), and this lack of a “personal-best” culture (i.e. Japanese athletes have to become the pride or shame of the entire nation in any international competition) means many Japanese choke and crumble under the stress. Or in this case, give up their legal ties to Japan entirely. Silly. Then again, if Kawaguchi DOES get the Gold, we might claim her all over again (like we did the emigrant “Japanese” who got Nobel Prizes recently).

It’s time to get governments off their 20th-Century war footings (as in, “If we grant dual nationality , what if we go to war with that country? Which side will you choose?”) and allow individuals more options and identities. And nationalities. Because, again, international migration warrants that.

The Atlantic Monthly on mercenary child-retreivers, mentions Japan

Here are the lengths people will go to if there is no legal framework to enforce international child abductions: even hire a professional to retrieve your child. From The Atlantic Monthly November 2009, courtesy of Children’s Rights Network Japan. This is it, the big leagues.

Congratulations, left-behind spouses. You’ve hit a home run with this issue. All these years talking and writing about the Otaru Onsens Case and “JAPANESE ONLY” signs proliferating across Japan, and pffft — few countries really press Japan nowadays to enforce the UN CERD. Yet here practically overnight you’ve got US Congressional and State Department hearings, and Diet lobbying, and worldwide press. You’ve put Japan into the international spotlight over a problem just as long-suffering as racial discrimination in Japan. I guess Chris had to get arrested before it would happen, alas.

It will probably will get the GOJ to sign the Hague. Getting us to enforce it, however, is another matter. Keep on it.

Speaking at Japan Writer’s Conference Sat Oct 17, Doshisha Women’s Univ. On how to write quickly, concisely, & with panache

Handout for my upcoming talk in Kyoto at the Japan Writer’s Conference. Introduction:

I write a lot. Five books, umpteen academic essays and chapters, a daily diary for more than a decade, and a blog entry basically every day for more than three years. In addition to thousands of essays (all archived online at Debito.org), I write two columns a month for newspapers plus exposition for other venues upon request. I pound out a good 1500 words every day, never suffering from “Writer’s Block”.

Howcum? Here are my tricks…

JK: recent moves by Japan’s Immigration Bureau that seem like loosening but not really

Minister grants Chinese daughters of Japanese war orphan permission to stay in Japan

JK COMMENTS: But this is a hollow victory at best because the 在留特別許可 that was fought so hard for is only good for a year *and* with strings attached:

“Kana, 21, a first-year student at Tezukayama University, and Yoko, 19, also in her first year at Osaka University of Economics and Law, were given long-term resident visas good for one year. The visa conditions allow the sisters to work in Japan, take trips outside the country, and may be renewed if the sisters can provide for their own livelihoods.”

This whole situation is just plain wrong on so many levels — the sisters landed in Japan when they were 9 and 7 and are now attending college. The two are de facto Japanese citizens, and yet it took 6 years of churn and an act of God (well, almost!) just so that they can stay in Japan for another year on a short leash. If the archipelago was about to burst at the seams with humanity, I could understand the need for all the wrangling, but as we all know this simply isn’t the case, and in fact the opposite is true, which is why the government needs to stop picking nits already!

Tangent: Japanese family wants to become naturalized Korean citizens

JoongAng Daily: The Masashi family’s five children are fully Japanese, but think like Koreans. They can speak their mother tongue but are more fluent in Korean. They have been to Japan but have lived in Korea all their lives. Now, the family is trying to become naturalized as Korean citizens.

Their parents, Ananose Masashi, 47, and his wife Kazuko, 46, came to Korea in 1989, a year after they got married. Like many newlywed couples before them, they started their new life in Seoul. They eventually decided to set up their own Japanese translation and interpretation company…

Letter to San Francisco Human Rights Commission re Japan Times letter to the editor from exclusionary landlord

Here’s a letter I emailed to San Francisco two days ago re a Letter to the Editor of the Japan Times. The author claims to engage in discriminatory practices in the US. If he is a real person, at a real company, then let’s hope San Francisco’s Human Rights Commission investigates and writes back. Worth a try. Feel free to email the HRC yourself, email address included.

Japan Times JUST BE CAUSE on Savoie Child Abduction Case and Japan’s “Disappeared Dads”

Japan Times: But as with all social problems left to fester, things are only getting worse. U.S. Congressman Chris Smith announced Sept. 29 that reported child abductions have increased “60 percent in the last three years.” No doubt contributing to this rise is the grapevine effect among expat Japanese — a quick Web search shows that all a potential abductor needs do is board a plane to Japan and they’re scot-free.

Injustice breeds drastic actions. How long before a vigilante parent takes the law so far that somebody gets injured or killed?

Japan wants to avoid a demographic nightmare as its population drops. International marriage is one solution. But this threat of abduction is now a prime deterrent to marrying any Japanese. One domestic spat with a threat to kidnap the kids and conjugal trust is permanently destroyed.

But just signing the Hague convention won’t fix things. Japan has, after all, inked umpteen international treaties (like the above-mentioned UNCRC), and ignores them by not enacting enforceable domestic laws. I don’t anticipate any exception here: Japan giving more parental rights to non-Japanese through treaties than they would their own citizens? Inconceivable.

What’s necessary is more radical…

CNN on the upcoming documentary FROM THE SHADOWS re Japan’s Child Abductions issue

CNN did a feature on upcoming movie ‘From the shadows’ 2:05
A new documentary follows children abducted by their parents. CNN’s Kareen Wynter reports.

http://edition.cnn.com/video/#/video/showbiz/2009/09/30/wynter.abductions.doc.cnn?iref=videosearch

Want to see more of this important movie (I’ve been a supporter of it for years)? Go to http://www.fromtheshadowsmovie.com/

Brett Weed on US State Dept Human Rights Bureau’s willful ignorance of Japan’s child abduction

Brett Weed opens in his letter to the US State Dept regarding omission of Japan’s issues re international child abductions, sent January 14, 2008:

“I believe we are in agreement with regards to the Department of State preparing the annual Country Report on Human Rights Practices. Nevertheless the Department of State annual County Report is not complete according to legislation passed by Congress contained within Section 116(d) & 502(b) of the 1961 Foreign Assistance Act and the Universal Declaration of Human Rights of December 10, 1948. Section 502(b) states: [Such report shall also include, for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country.]

“Other omissions of the report are not in accordance with Section 502(b). I noted a few key words you omitted from your October 31st, 2007 Email reply such as: “abduction”. In fact, from the perspective of an internationally abducted child, left-behind parent and specifically by definition contained within Section 502(b), any participating country which allows the abduction of children is in gross violation of internationally recognized human rights. [the term ‘‘gross violations of internationally recognized human rights’’ includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of person]. It also states: [Except under circumstances specified in this section, no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of inter-nationally recognized human rights.]

“Please explain what the applicable circumstances are, contained within Section 502(b), that allow security assistance to be provided to Japan, Russia, Saudi Arabia, Philippines, Taiwan and other countries which participate in child abduction in gross violation of internationally recognized human rights…”

More media on the Savoie Case (CNN, CBS, Stars&Stripes, AP, BBC, Japan Times, local TV). What a mess.

Here is some more media on the Savoie Child Abduction Case. Although the case is certainly a lot messier than it was 48 hours ago (divorces are like that; neither adult is blameless), the media is starting to report more on husband Christopher’s apparent Japanese citizenship and wife Noriko’s loneliness and financial dependence on him in the US (even though she reportedly received a sizeable sum of close to $800,000 USD from the divorce).

Also coming to light is that the US State Department’s policy on issues such as these: “U.S. consular officers are prohibited by law from providing legal advice, taking custody of a child, forcing a child to be returned to the United States, providing assistance or refuge to parents attempting to violate local law”. They have, according to Japan’s Ministry of Foreign Affairs, quoted in Stars & Stripes, not asked Japan to release Savoie.

In sum, the case and the reportage on it is a mess. As more information comes to light about the Savoie Case, I will admit for the record, in all intellectual honesty, that there are a number of circumstances that, as commenters point out, detract from supporting husband Christopher as a “poster child” for the push to get Japan to sign the Hague Convention. But unfortunately divorces are messy things. I’ll probably write an apologia (not an apology, look up the word) tomorrow on the case.

Candlelight vigil re Christopher Savoie arrest Sat Oct 3 2PM outside Japanese Embassy to US in Wash DC (corrected)

“Rally and Candelight Vigil to Free Christopher Savoie” on
Saturday, October 3 at 2:00pm.

Event: Rally and Candelight Vigil to Free Christopher Savoie
What: Rally
Start Time: Saturday, October 3 at 2:00pm
End Time: Saturday, October 3 at 5:00pm
Where: In front of the Japanese Embassy to the United States

US Congressman Chris Smith (R-NJ) calls for action against Japan’s child abductions, introduces legislation to US Congress

US Rep Chris Smith: “International child abduction violates the rights of the left behind parent and the rights of the child to know both parents,” said Rep. Chris Smith (NJ-04), a senior Member of the House Foreign Affairs Committee and a Congressional Representative to the United Nations. “Sadly, international child abductions are on the increase. In the last three years, reported international child abductions have increased 60 percent.”

“My legislation, HR 3240 empowers the United States to more aggressively pursue the resolution of abduction cases,” Smith said. “Our current system is not providing justice for left behind parents or for children whisked away from their mom or dad. Congress must act so that more children are not further traumatized by parental abduction.”

Key provisions of the Smith legislation include:

Requires the President to respond with a range of mutually reinforcing penalties, including sanctions against a country, when that country has shown a pattern of non-cooperation in resolving child abduction cases
Creates the position of Ambassador at Large for International Child Abduction within the State Department to advise the Secretary of State and raise the profile of the more than 2,800 children who have been abducted.
Empowers the Ambassador at Large to pursue additional legal frameworks abroad, including bilateral agreements with countries that have not yet acceded to the Hague Convention on the Civil Aspects of International Child Abduction.
Authorizes greater resources for a new office within the State Department to better assist left behind parents and expand the State Department’s ability to collect detailed information on abductions.
“Child abduction is child abuse,” Smith said. “The kidnapped child is at risk for serious emotional and psychological problems. As adults, they may struggle with identity issues, their own personal relationships and parenting.

General Union: City govt seizes assets of NJ worker whose employer refused to pay for Shakai Hoken (Terrie’s Take and Japan Times articles too)

Here we have a case of how NJ can be hurt by careless Immigration decisions. The upcoming requirement for all NJ to be enrolled in health insurance (shakai hoken), or else no visa granted, has been created without necessarily requiring negligent employers to pony up themselves. As usual it’s punishing the powerless.

Now, according to the Fukuoka General Union, we have a case where the GOJ is seizing a NJ’s assets (not the negligent employer’s) for non-back-payments that the employer should have handled. Read on. A recent Terrie’s Take is also included below for more background information. And a Japan Times Zeit Gist column came out on this only yesterday — describing how half-baked the policy process and probable implementation has been!

Terrie’s Take on recent new rulings on tenants’ rights in Japan

Terrie’s Take July 26, 2009: The Japan Times has been doing a good job recently of documenting consumer rights law cases and also foreigner- related issues that might be of use to its readers. Last week they reported on a landmark court ruling, whereby the Kyoto District Court said that a landlord’s insistence on contract renewal fees (“koshinryo”) may violate the rights of the tenant. This is the first time such a case has been ruled in favor of the tenant.

In the case, the tenant was apparently told that there would be a contract renewal fee, but not why. Presumably the agent thought that because the renewal fee is a traditional payment, dating back to post-war times when the government didn’t want returnee soldiers relocating en masse to the cities, they didn’t go into it in any detail. In any case, as a result of that oversight, when the plaintiff moved out several months after he’d paid the renewal and the landlord refused to refund the payment, the tenant took offense and took the landlord to court.

The basis for the lawsuit was the 2001 revised consumer protection law, which the court agreed had precedence over the tenancy law. In the ruling the judge apparently commented that, “The reasons for charging contract renewal fees must be clearly explained to tenants and agreed upon between the two sides.”

Now before everyone starts hooting from the roof tops that it’s time for landlords to get some of their own medicine, it’s worth remembering that this is the exact same Kyoto District Court that in January of last year dismissed a very similar lawsuit. In that earlier case, the tenant also based his claim on the 2001 consumer contract law, where he said that renewal fees in the way they are currently notified and imposed, constitute a contract that “Unilaterally causes damage to the interests of consumers.” We daresay that a lot of readers would agree with that statement!…

Free Japanese-language courses in Sapporo sponsored by GOJ (deadline for application Oct 2)

FREE JAPANESE COURSE for international parents.

Target Participants:
Foreign residents currently raising children from toddlers through middle school students in and around Sapporo area
Those who are able to attend at least 80% of the course.
*The 2nd and 3rd Periods teach entry-level Japanese.

This program is sponsored by the Japanese Agency for Cultural Affairs for FY 2009.

American journo banned from “Japanese Only” Toyota press conference — in America!

Here’s something discussed in Ivan Hall’s seminal CARTELS OF THE MIND and other sources, such as Laurie Freeman’s JPRI article on Japan’s Press Clubs (kisha kurabu, i.e. media cartels). It hasn’t changed since the publication of these works. Problem is, the case discussed below isn’t a Japan Press Club. It’s a Japanese company denying access to local-area journalists IN AMERICA, despite both local ethics and corporate promises to the contrary. In other words, it’s Japan’s Press Clubs exported. Read on:

Japan Times: New “lay judge” court system sentences first NJ

Japan Times: The first foreign defendant to be tried in a lay judge trial was sentenced Friday to five years in prison at the Saitama District Court for two counts of robbery resulting in injury…

The lay judge system, which debuted in May, requires courtroom participants to make their arguments orally so trials are easier for people who are not legal professionals to follow, which in turn means more work for the interpreters in cases involving foreign nationals.

Much of the focus in the latest case was on whether the two Tagalog interpreters could accurately convey the tone of the remarks and how their interpretation might affect the decisions of the lay judges.

LA Times: “Charisma Man: An American geek is reborn in Japan”

LA Times: From his window seat in the Roppongi bar district, Neil Garscadden eyes an exotic street parade: the reggae-styled hipsters, the Nigerian nightclub hawkers, the soft-stepping geishas, the secretaries in miniskirts and impossibly heavy eye shadow.

The nuances of the scene, Garscadden insists, would be lost on a mere tourist.

This, he says, is a job for Charisma Man.

With his blue eyes, tousled blond hair and foreign passport, Charisma Man is a sake-sipping man about town, suavely negotiating the intricacies of Japanese culture. Women adore him. Men respect, even fear, him. Life in the East bends to his every whim.

“It’s great to be a Western guy in Asia,” he says. “I’ve got lots of money, chicks dig me — everybody respects me.”

Well, not everybody.

In this land of anime, Charisma Man is a comic strip character created in 1998 by Larry Rodney, a Canadian then teaching English in Nagoya, to lampoon what he saw as the absurd hubris of many Western men in Japan. Capitalizing on their novelty status, they prowled for cheap thrills, an easy paycheck and sex — not necessarily in that order. Many were slackers posing as teachers (a job for which they were underqualified) to continue the charade of their low-wattage celebrity.

Interview by JapanTechTalk on NJ rights, courtesy of Mondo Books Nagoya

My last night in Nagoya (as in last night) I had an immensely enjoyable interview with JapanTechTalk’s Robert Sanzalone over tebasaki.

Have a listen! http://twaud.io/tg

Amazing how six hours after an interview takes place it can be all over the Net.

Thanks to an introduction by Mike and Jose at Mondo Books Nagoya. http://www.mondo-books.com/
on Facebook
http://www.facebook.com/pages/Nagoya-Japan/Mondo-Books-/218012530513

Two autographed signed copies of HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS available at Mondo. First come, first purchased! How to get there at above links!

TheWorldGame.com on why Brazilian footballers in Japan are so footloose

[Gamba Osaka striker Leandro’s] departure has the potential to unleash catcalls that Brazilian players are only in the J-League for the money.

Well, so what if they are?

In a country where xenophobia is a softly-spoken secret – how’s this for McDonald’s latest Japanese ad campaign?– can anyone really blame Leandro for hopping on the first available flight to Doha?…

There are plenty of Brazilians in the J-League committed to the cause. Some, like the high-profile Zico, are afforded star status.

But others toil in relative anonymity, happy to ply their trade far from their homeland, struggling to overcome cultural and language barriers.

Often their contracts are terminated with no fanfare and little regard for their welfare…

It’s a draining lifestyle – one I can attest to – and I don’t begrudge a single Brazilian player who chooses to make a living in Japan, or one who departs for pastures anew.

Japan Times interviews Dave Spector on Japanese Media

We’ve been talking about the media quite a bit lately. Now let’s read an interview with someone on the other side, who is, according to the Japanese media polls, one of the, if not the, most trusted and popular commentators in Japanese TV. Dave Spector. Yes, Dave Spector, who has been a very kind supporter of Debito.org. Excerpt from JT article follows.

San Francisco Chronicle on McDonald’s Japan “Mr James” campaign, and similar ethnically-insensitive sales campaigns overseas

SF Chronicle: “What’s the matter [with this depiction]? Put the shoe on the other foot,” wrote foreigner-rights advocate Debito Arudou (nee David Ardwinckle) [sic] in a column for The Japan Times. “Imagine McDonald’s, a multinational that has long promoted cultural diversity, launching a McAsia menu in America, featuring a deep-bowing, grimacing Asian in a bathrobe and platform sandals saying, ‘Me likee McFlied Lice!’ or, ‘So solly, prease skosh honorable teriyaki sandrich?'”

McHatin’ It

Of course, in the past, McDonald’s has essentially done just that. During last year’s Olympics, it unveiled a commercial featuring two Chinese kids engaged in high-flying wire-fu combat in an ancient temple, dueling it out with fists and feet and chopsticks over the last McNugget in the pack.

Seeing that ad brought back memories of McDonald’s limited-edition “Shanghai” Chicken McNuggets, which briefly appeared on menus back in 1986. Served in a red takeout box stamped with cartoon-Chinese lettering, they came with a fortune cookie, chopsticks and three absurdly non-Shanghainese dippings: “duck sauce,” hot mustard and … teriyaki sauce.

Worst of all, to complete the pseudo-Sino experience, the chain’s employees were forced to wear conical McCoolie hats — a bit of irony given their minimum-wage status — while commercials ended with mascot-clown Ronald McDonald throwing a karate chop to faux Asian music.

Lame, ignorant campaigns like this one may seem innocuous. But they give people license to mock and exclude people based on racial or cultural difference, which in turn can lead down a slippery slope to more troubling outcomes…