Excellent Japan Times roundup on debate on J Nationality Law and proposed dual citizenship

Posted on January 3, 2009January 9, 2009 by Dr. Debito Arudou

Here’s an excellent Japan Times roundup of the debate which came out of nowhere last year regarding Japan’s loopy nationality laws, which were once based on what I would call a “culture of no”, as in rather arbitrary ways to disqualify people (as in babies not getting J citizenship if the J father didn’t recognize patrimony before birth). A Supreme Court decision last year called that unconstitutional, and forced rare legislation from the bench to rectify that late in 2008. Now the scope of inclusivity has widened as Dietmember Kouno Taro (drawing on the shock of a former Japanese citizen getting a Nobel Prize, and a confused Japanese media trying to claim him as ours) advocates allowing Japanese to hold more than one citizenship. Bravo. About time.

The article below sets out the goalposts for this year regarding this proposal (and uses arguments that have appeared on Debito.org for years now). In a year when there will apparently be a record-number of candidates running in the general election (which MUST happen this year, despite PM Aso’s best efforts to keep leadership for himself), there is a good possibility it might come to pass, especially if the opposition DPJ party actually takes power.

2009 looks to be an interesting year indeed, as one more cornerstone of legal exclusionism in Japan looks set to crack.

Japan Times on future J housing markets, tax regimes, and why J houses are built so crappily

Posted on December 29, 2008December 29, 2008 by Dr. Debito Arudou

Here’s another excellent article from Philip Brasor of the Japan Times, regarding future Japan housing markets and taxation laws (and why houses in Japan aren’t built to last, or be resaleable). Should cause a twinge or two in the homeowners out there, myself included.

Japan Times Zeit Gist on Chinese/Japanese bilingual education in Japan

Posted on December 28, 2008 by Dr. Debito Arudou

Further festive good news: A rupo in the Japan Times Community Page from a member of the Chinese Diaspora in Japan, on the Chinese Diaspora in Japan. And how some are being educated to believe that they are bicultural, bilingual, and binational. Good.

History tangent: Japan Times FYI on Hokkaido development

Posted on December 27, 2008 by Dr. Debito Arudou

I’m on the road for a couple of days (we’ve been whalloped with snow, and I anticipate a long drive to the Okhotsk Sea Coast tomorrow), so let me send you a little something interesting. A nice concise history of Hokkaido from the Japan Times. Fills in quite a few blanks about how and why we up in Japan’s Great White North got here in the first place.

Xmas List: Ten things Japan does best

Posted on December 25, 2008January 16, 2009 by Dr. Debito Arudou

Here’s my Christmas Present to readers: The top ten things I think Japan does better than just about everyone else.

I include Toilet Culture, Calligraphy Goods, Packaging, Anime, Public Transportation, and several others I’m not going to list up here ‘cos I think you might enjoy reading the essay straight through (yes, I’ve put in a couple of rather surprising topics).

This is an antidote to those people convinced I don’t like Japan.

Sydney Morning Herald: Little hope for Japan’s Abandoned Fathers

Posted on December 16, 2008May 27, 2010 by Dr. Debito Arudou

The story about Japan as a safe haven for internationally abducted kids spreads from Canada to the US to Australia, this time in the Sydney Morning Herald. And this time, the crank lawyer, a Mr Onuki, who claimed that “90 per cent of cases in which the Japanese women return to Japan, the man is at fault, such as with domestic violence and child abuse”, finally gets a response (the Mainichi printed it without counter, the rotters). Meanwhile, the GOJ just keeps on dithering on the Hague Convention. It’s one of Japan’s worst-kept secrets. But not for long at this rate. Keep on exposing.

Oyako-Net Candlelight vigil for abducted children to Japan after divorce Dec 18 7PM Shinjuku

Posted on December 15, 2008December 15, 2008 by Dr. Debito Arudou

Oyako-Net’s World Wide Candle Light Vigil in Tokyo Let’s get together and send our love to our estranged children! When: Dec 18, 2008 7:00pm to 8:00pm Where: In front of Tokyo Metropolitan Government Building in Shinjuku http://www.metro.tokyo.jp/ENGLISH/TMG/map..htm (If you have a trouble in finding us, please contact Mashito-san 090-6139-8609.) Please bring a search light and …

Japan Times: Eric Johnston on Gunma NGO stopping ijime towards NJ students

Posted on December 14, 2008 by Dr. Debito Arudou

Japan Times on bullying of NJ schoolchildren and an NGO’s effort to stop it: Nationwide, there are more than 25,000 foreign children in schools. The majority are believed to be Brazilians, followed by Chinese. Truancy among foreign children, who are often bullied because they are different or don’t speak Japanese, has become a concern in recent years, especially in prefectures like Gunma and in the Chubu region where large numbers of foreigners reside.

Local governments and the central government both say more needs to be done to integrate foreign children into Japanese schools. But they are often at odds over what exactly should be done and who should take the lead. The central government has long urged local governments to do more, while cash-strapped local governments say there is little more they can do unless Tokyo formulates a national policy and provides funds for assistance.

Human rights activists note a fundamental reason for truancy among foreign children is that they are not required by law to attend public school, which means those who drop out due to bullying or other reasons are not legally obliged to return. The education ministry’s position is that while public schools cannot turn away foreign children, they don’t have to make sure they’re in class.

“Revising the Compulsory Education Law to insure foreign children are covered is a top priority for Japan,” NGO leader McMahill said…

Jason’s blog on next employment steps in Japan for NJ

Posted on December 12, 2008December 12, 2008 by Dr. Debito Arudou

A blog called “Jason’s Random Thoughts” has a thoughtful post for those NJ facing restructuring in Japan. Since it’s a recent theme on Debito.org, I thought I’d post an excerpt and a link here. I’ve posted (a bit irreverently) before on what sort of jobs are available for NJ, particularly those of the former Eikaiwa ilk. Link to that here. As for those of you seriously facing a job loss and a reassessment of your life in Japan with the economic downturn, Jason’s blog post is food for thought. Excerpt:

For almost two years we have heard how companies are shutting down all over the world in response to a slowing economy. Whether this is the ultimate result of corporate greed, globalization, out-sourcing, or something that can be understood only by leading economists, one thing is clear: our current employment is no guarantee of future security. Of course, facing the prospect of unemployment is scary for everyone, but it’s particularly painful when living in a foreign country…

Economist.com: Bilateral agreements to give US servicemen immunity from Japanese criminal procedure

Posted on December 11, 2008 by Dr. Debito Arudou

Economist.com: In Jane’s view, the first rape went unpunished: Mr Deans remains at large. So she turned her attention to the “second rape”. She sued the Kanagawa police for a bungled investigation that denied her proper justice. In December 2007 the court ruled against her, stating that the police had fulfilled their responsibilities. She appealed the decision.

Jane’s ordeal underscores the clumsiness of Japan’s police force. In several recent high-profile cases, the police have coerced confessions from suspects. It also highlights the lack of a tradition of individual rights in the country, and the often thinly reasoned rulings of Japanese courts. And it fits the pattern that in many crimes by American servicemen, the Japanese authorities fail to press charges.

But the reason why cases like Jane’s are not prosecuted may have less to do with incompetent police and more because of a secret agreement between America and Japan in 1953 that has recently come to light.

In September 2008, Shoji Niihara, a researcher on Japanese-American relations, uncovered previously classified documents in the U.S. National Archives. They show that in 1953, soon after Dwight Eisenhower assumed the presidency, John Foster Dulles, his secretary of state, embarked on a massive programme to get countries to waive their jurisdiction in cases of crimes by American servicemen.

Grauniad: Japan comes down hard on Greenpeace whaling activists

Posted on December 10, 2008December 10, 2008 by Dr. Debito Arudou

Grauniad on how the GOJ will treat activists it wants to make an example of: Subject them to the full force of the NPA:

Two Greenpeace activists who face years in prison for investigating corruption in Japan’s whaling industry have condemned their arrests as politically motivated on the eve of an unprecedented campaign to end the country’s whale hunts.

Junichi Sato and Toru Suzuki were arrested in June, two months after intercepting 23kg of whale meat at a warehouse in northern Japan that they said had been stolen by crew members from the Japanese whaling fleet’s mother ship for sale on the black market.

They are now waiting to stand trial early next year, and if convicted face up to 10 years in prison.

“At the time I was arrested I wasn’t too concerned as I was focusing on our investigation,” Sato, 31, told the Guardian yesterday at the Tokyo offices of his legal team.

“But if we are convicted, then of course I will be worried about my wife and child. It would also raise serious questions about Japan’s commitment to human rights. We have already been detained for 26 days, which is very unusual for someone facing first-time charges of theft.”

The ferocity with which prosecutors have made their case against Sato and Suzuki has astonished Greenpeace officials and human rights activists.

During their time in police custody, the men say they were strapped to chairs and interrogated for up to 12 hours a day. No lawyers were present and the interviews were not recorded…

AP: US court rules Japan has jurisdiction in child joint custody case

Posted on December 6, 2008December 6, 2008 by Dr. Debito Arudou

AP: The Nebraska Supreme Court has ruled that the state’s courts have no jurisdiction over a custody dispute involving a 6-year-old boy, leaving the issue to a Japanese court.

In the ruling issued Friday, the court said a Douglas County district judge had no authority to grant joint custody of the boy to his divorced parents, even though the boy was born in Nebraska and had lived here while in the U.S.

The court determined that under custody law, the child’s residence is considered to be in Japan.

COMMENT: We should hope the Japanese courts would be so impartial. But they aren’t. Contrast with the Murray Wood Case, where international children kidnapped from British Columbia (whose courts granted the Canadian father custody) were deemed unremovable from Japan. And are American courts so ignorant to not know (or was Mr Carter’s legal defense so inept to not point out) that Japan does not recognize joint custody, full stop? Mr Carter will not get a fair trial in Japan. No child kidnapped to Japan as of yet has been returned to the NJ parent by a Japanese court. He’s lost his kid. Full stop.

Japan Times JUST BE CAUSE Column Dec 3 2008 on Obama election and Bush II presidency (Director’s Cut)

Posted on December 3, 2008December 3, 2008 by Dr. Debito Arudou

Japan Times: People talk about America less in terms of justice, more in terms of “superpower realpolitik”, especially after it dropped North Korea from the terrorism watch list. Then we hark back to the Bubble-Era heyday, when Japan’s future was bright, rich, and flying in formation with the U.S. Sadly, that was then, this is now. For the past eight years.

Fortunately, with Obama’s election, American politics became a renewable resource, a fount of “change”. Obama is even inspiring opposition parties here to call for “change” in Japan’s government.

Well, maybe. And maybe America can become a template for good deeds again. That is, if Bush hasn’t made America unredeemable, and if America can learn to say “no” to its own excessive powers.

Obama has a hard act to follow, but if he succeeds, human rights activists in Japan will also enjoy the turn of the tide.

Japan Times Zeit Gist column on Otaru Onsens Case (not by me) (Now UPDATED with comment)

Posted on December 2, 2008December 6, 2008 by Dr. Debito Arudou

Japan Times article critical of the Otaru Onsens Case: The problem is that the case was fought and won on the issue of racial discrimination when the policy being employed by the Yunohana onsen could more accurately be described as the racial application of “group accountability.”…

…America is a truly wonderful country with some particularly obvious virtues, but these do not include its level of safety and social cohesion. While the rights of the individual are certainly more strongly upheld in America than in Japan, the presence of rogue individuals within America is disproportionately high. America is unquestionably a more dangerous place than Japan.

And this brings us to the point that Arudou ignores or simply fails to see. Group accountability is not employed in Japan simply for the sake of pushing people around. It is employed for the purpose of making Japan cohesive and safe. It is a major reason why Japan, unlike the U.S., is a nation in which the fear of random violence is relatively low. If Arudou succeeds in his quest, Japan will become one more nation in which the individual is to be feared. That is an outrageously high price to pay for the occasional racial, national, generational or gender-driven slight.

Get Japan Times Tues Dec 2 for new JUST BE CAUSE column, on Obama’s election

Posted on December 1, 2008December 1, 2008 by Dr. Debito Arudou

Just a quick word to tell you that my tenth Japan Times JUST BE CAUSE column will be coming out tomorrow, Tues Dec 2 (Weds in print in the provinces). Topic this time: 700 words on the Obama victory and why his election will, given the shameful excesses of the Bush II Presidency, be a welcome respite for human rights activists in Japan. Get a copy!

JALT TLT: James McCrostie on NJ job insecurity at Japan’s universities

Posted on November 28, 2008 by Dr. Debito Arudou

Behind the Music: An explanation of the university shuffle
James McCrostie
Published in the April 2007 issue of JALT’s The Language Teacher
in the Job Info Center column (p. 45 – 46).

Working at Japanese universities resembles musical chairs. Every year the music starts and instructors with expiring contracts run around looking for a new job. Most universities hiring foreigners full-time offer one-year contracts, renewable three or four times. Contrary to popular belief, universities don’t cap renewals at three or four because if a teacher works long enough they can’t be fired. Schools remain safe as long as they state the number of renewals and a few have contracts renewable up to ten years.

To most thinking people, forcing instructors to leave every few years appears short sighted. Yet, university and government officials have their own reasons for preferring term-limits.

Keeping costs down is one reason…

Japan Times: PM Aso “stimulus plan” bribe taking flak, also still unclear if NJ get handout

Posted on November 23, 2008November 23, 2008 by Dr. Debito Arudou

Japan Times: Criticism for a planned ¥2 trillion cash handout program, formally decided by the government led by the ruling Liberal Democratic Party and New Komeito on Wednesday, hasn’t ceased over the weekend, reviving the memory of the 1999 coupon program that cost ¥700 billion but had little benefit for the economy.

Kanagawa Gov. Shigefumi Matsuzawa, appearing on a TV news program Saturday, waved a ¥10,000 bill before the camera and argued that the government should not be scattering cash around among people with no strategic economic focus.

“The previous coupon handout program boosted the individual consumption portion of gross domestic product by only 0.1 percent. The Economic Planing Agency admitted that it had little economic effect,” Matsuzawa pointed out.

Dozens of governors and mayors similarly have called on the government to spend that amount of money, if ever it will, with a clear strategic focus.

“(The government ) will spend ¥2 trillion, which is equal to the budget of the Tottori Prefectural Government for five years. I cannot even visualize that amount of money,” Tottori Gov. Shinji Hirai said Thursday.

Under the program announced by Prime Minister Taro Aso, the government plans to distribute ¥12,000 to every citizen, plus an additional ¥8,000 for each child 18 or younger and elderly person 65 or older. Whether foreigners will be covered has not been decided yet.

FYI: People working for American companies in Japan are covered by US Civil Rights Law

Posted on November 22, 2008November 22, 2008 by Dr. Debito Arudou

For the Americans (and anyone else) working in US multinational companies: The US Equal Employment Opportunities law applies even in Japan, and if you are being treated unfairly (and that includes being given contract employment while Japanese get regular employment), you can bring a charge under US law and call for US labor commission mediation even in Japan. Fact is, people working for American multinational companies have double labor rights/civil rights protections — both American and Japanese. And apparently the American government links to the civil rights authorities of other countries/unions like Canada and the EU. More on the USG EEOC site. Further, HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN has been helping people define their terms and anchor their arguments. Happy to hear.

One year after Japan reinstitutes fingerprinting for NJ, a quick retrospective

Posted on November 21, 2008November 22, 2008 by Dr. Debito Arudou

It’s already been a year since Japan reinstituted fingerprinting for most NJ on November 20, 2007. There are still concerns about its application, its efficacy, the sweetheart GOJ deal to quasi-American company Accenture to make these machines, the long lines at the border due to faulty machines, the lumping in of Permanent Residents with tourists, the official justifications in the name of preventing terrorism, infectious diseases, foreign crime, you name it.

Anyway, time for a brief retrospective:

Here’s an article from Maclean’s Magazine (Canada) from last March which I think puts it all pretty well. Also a letter from a friend who has a (Japanese) wife in the airline industry who gets caught in the NJ dragnet just because she doesn’t “look Japanese” enough for police in the airport.

The shockwaves and indignations were so palpable that people banded together to form FRANCA (Foreign Residents and Naturalized Citizens Association), a lobbying and interest group to represent the interests of the “Newcomer” immigrants to Japan.

There’s a whole heading on fingerprinting on this blog at
http://www.debito.org/?cat=33
but see special issues of the DEBITO.ORG NEWSLETTER on the subject here
http://www.debito.org/?p=676 and http://www.debito.org/?p=788

There’s also a special section on Debito.org for people to add their personal experiences with Immigration upon entering or returning to Japan, with 57 responses as of today. Any more?

Japan Times on GOJ’s new efforts to boost tourism to 20 million per annum

Posted on November 19, 2008November 19, 2008 by Dr. Debito Arudou

The Japan Times runs an interview with Japan Tourism Agency Commissioner Yoshiaki Honpo, who says that Japan’s ailing regional economies can be revitalized by tapping the sightseeing potential of growing Asian countries. He recommends easing visa restrictions, since NJ tourists spend 5 to 15 times more than Japanese tourists.

However, how about easing restrictions at the hotels themselves? According to an attendee of one of his speeches in Nagano, he will “leave alone” those 27% of hotels surveyed who do not want NJ tourists. Odd that a member of the administrative branch would recommend the nonenforcement of laws governing hotels in Japan. Honpo seems to think economic pressure will resolve all. Even though it hasn’t in other similar situations, such as apartment rentals, and leaving exclusionary (and, in this case, illegal) rules in place have caused spillover into other business sectors, copycatting because they can. Humph.

Compare: Good survey of “non-Japanese citizens in Sapporo” by City

Posted on November 18, 2008 by Dr. Debito Arudou

I mentioned yesterday about Careercross’s lousy survey of NJ employers, with loaded and leading questions galore about how NJ bosses apparently view their J subordinates. Contrast it with this thorough, culturally-sensitive (down to the phrasing of the questions) survey put out by the Sapporo City Government.

(They do these once or twice a decade; their last one was in 2001, and they completely rewrote this one in early 2008 after a lot of groundwork from other city offices and help from their NJ staff, they told me last month.)

Now this is how you do a survey. I’ve seen a lot of crappy ones over the years. (Government agencies seem to be incredibly inept at good social science. Consider this periodic survey from the PM Cabinet regarding human rights, where they offer rights for other humans (NJ) as optional, not required! Keeps incurring the wrath of the United Nations.) Not Sapporo. Other cities should take note of this and use it as their template.

Japan Times update on granting children of mixed J/NJ parentage citizenship

Posted on November 14, 2008November 14, 2008 by Dr. Debito Arudou

Japan Times: Many observers of the Nationality Law have welcomed the government’s proposed revision approved Tuesday by the Cabinet that will soon allow hundreds of children born out of wedlock to Japanese men and foreign women to obtain Japanese nationality if the father recognizes paternity even after birth…

The scheduled amendment is in line with the June 4 Supreme Court ruling that a provision of the law on the status of children born out of wedlock was unconstitutional.

Today, the law still reads that a child born out of wedlock between a Japanese father and a foreign mother can get Japanese nationality only if the father admits paternity during the mother’s pregnancy, or if the couple get married before the child turns 20, but not after birth.

Thus, children whose fathers acknowledge paternity after their birth are not granted Japanese nationality, which the top court declared a violation of equal rights.

The proposed revision stipulates that children born out of wedlock whose fathers recognize paternity, regardless of the timing of the acknowledgment, can obtain Japanese citizenship.

JapanZine parody of Japan Times, “Gaijin Activist Successful in Obtaining a Ban on Racial Slur”

Posted on November 6, 2008 by Dr. Debito Arudou

JapanZine (Nagoya’s free magazine for the international community) recently did a parody of the Japan Times, calling it the “Gokiburi Gazette”. Front and center, an article about activist “Tepid Naruhodo”, who gets the word “gaijin” banned, only to have its replacement shortened to the same thing. It’s very funny. Seriously. As are the other articles and the masthead advertisements.

Japan Times JUST BE CAUSE column(s) on “Truth Octane”: Vote on which one you like better.

Posted on November 5, 2008November 5, 2008 by Dr. Debito Arudou

Before I get to my latest Japan Times column, a little story:

I usually start my columns about a week or so before the first draft is due. That way, I can tinker with it over the days here and there and add ideas as they come to me during the course of life. I don’t like writing too many things on the fly — things come out half-baked that way.

However, this essay on “Truth Octane” was a rather difficult one. Getting this complicated analytical concept out and developed with examples within 800 words was a challenge. Plus I had two weekend trips to Tokyo in the interim. I wasn’t really satisfied with my first version, so after Edo arrival last Friday, I handed it over to a trusted close friend for perusal. His verdict, and I quote, was, “It’s a turkey.” This was about 12:30 AM on Friday night – Saturday morning, and about four beers into the evening.

Well, no trusted friend calls my essays “turkeys” and gets away with it. So at 1AM, I commandeered his toilet (I’ve done some of my best thinking there) and didn’t leave until I had rewritten the whole thing from scratch. 700 words and 45 minutes later, I had a new draft out. My friend’s verdict: “Much better. Inspirational. No comparison.”

I gave both versions to my editor at the JT and let him choose which he liked better. He went with the second, rewritten, toilet version as well.

But I’m genuinely curious. What do readers think? First the published version, then the original version. Vote which one you like better at the blog poll at the upper right hand corner!

Get Japan Times today: New JUST BE CAUSE Column out on “Truth Octane”

Posted on November 4, 2008 by Dr. Debito Arudou

Get yourself a copy of the Japan Times today, Tuesday November 4 (Weds Nov 5 outside major urban areas) for my latest JUST BE CAUSE Column.

Topic: “Truth Octane”, talking about how some people simply find too much “truth” in debate too much to take. And how those activists that can give their side of the story with a slow-drip amount of truth can change the world. Have a read today!

Japan Times Zeit Gist on PM Aso’s connection to WWII forced labor

Posted on November 1, 2008 by Dr. Debito Arudou

Japan Times: After evading the issue for more than two years, Taro Aso conceded to foreign reporters on the eve of becoming prime minister that Allied POWs worked at his family’s coal mine in Kyushu during World War II.

But Aso’s terse admission fell far short of the apology overseas veterans’ groups have demanded, while refocusing attention on Japan’s unhealed legacy of wartime forced labor by Asians and Westerners.

Calls for forced labor reparations are growing louder due to Prime Minister Aso’s personal ties to the brutal practice, as well as his combative reputation as a historical revisionist. The New York Times recently referred to “nostalgic fantasies about Japan’s ugly past for which Mr. Aso has become well known.” Reuters ran an article headlined “Japan’s PM haunted by family’s wartime past.”

Three hundred Allied prisoners of war (197 Australians, 101 British and two Dutch) were forced to dig coal without pay for Aso Mining Co. in 1945. Some 10,000 Korean labor conscripts worked under severe conditions in the company’s mines between 1939 and 1945; many died and most were never properly paid…

Courts in Japan and former Allied nations have rejected legal claims by ex-POWs, so the U.K., Canada, Australia, New Zealand, the Netherlands and Norway have all compensated their own surviving POWs. Hundreds of British and Dutch POWs and family members have made reconciliation-style visits to Japan in recent years as part of the Tokyo-sponsored Peace, Friendship and Exchange Initiative. Stiffed by the U.S. government, American POWs have also been excluded from Japan’s reconciliation schemes — a situation they say Prime Minister Aso has a special responsibility to correct…

SR: Shounan Shinkin Bank in Chigasaki refuses bank accounts to NJ who can’t read and speak Japanese

Posted on October 31, 2008 by Dr. Debito Arudou

Language ability is being increasingly used by more types of businesses nationwide as a means to refuse NJ service. As we saw last week, insurance agencies (such as AXA Direct Insurance) are rejecting NJ for not enough language (however determined). Now consider Shounan Shinkin Bank in Chigasaki, near Tokyo, as reported by SR:

“We had asked her to open a bank account in Shounan Shinkin Bank where we all have our accounts; the school account as well as the employees’ accounts.

She had been there 2 times with her parents in law (both Japanese) but Shounan Bank and their dep. manager had rejected her request and DID NOT open her bank account! The reason is “she doesn’t speak Japanese and she can’t read it” （日本語が読めない、理解できない)…

We contacted the Financial Service Agency （金融庁）to see what they think, and they have told us it is totally absurd but there is nothing they can do! Then, we contacted the Shounan Shinkin honten and they confirmed their 日本語が読めない、理解できない rule. After a short exchange of opinions and requests between the main office and my Japanese staff, they promised to apologise and open our teacher’s account. She won’t though!

When I went to the bank to close down my accounts, I had a long chat with the department manager. I asked him to show me the written form of their rule but they didn’t have it, or wouldn’t show it….

Japan Focus runs translation of Asahi Oct 5 2008 article on discrimination

Posted on October 29, 2008 by Dr. Debito Arudou

Japan’s Entrenched Discrimination Toward Foreigners
The Asahi Shimbun October 5, 2008
Translation by Arudou Debito

From the Introduction by David McNeill: Will Japan ever overcome its distrust of foreigners? This question has been forcefully posed in various guises, most notably perhaps by the United Nations Special Rapporteur on human rights Doudou Diene. In 2005 he concluded after a nine-day investigation in Japan that the authorities were not doing enough to tackle what he called Japan’s “deep and profound racism” and xenophobia, particularly against its former colonial subjects. The report appeared to vindicate the work of campaigners such as naturalized Japanese Arudou Debito, who argue that Japan needs, among other things, an anti-discrimination law.

Now, unusually perhaps for a major national newspaper, the Asahi Shimbun has waded into the debate with a major article on the issue. Titled, “Opening the nation: Time to make choices,” the article recounts tales of discrimination by long-term foreign residents before looking at how Japan compares to other nations, including perhaps its nearest equivalent, South Korea. A lively illustration helps makes the point that foreigners sometimes feel like second-class citizens. The Asahi concludes that the dearth of laws here protecting the livelihoods or rights of non-Japanese makes the country somewhat unique. “In other countries…there is almost no example of foreigners being shut out like this.” Interestingly, the Asahi did not translate the article for its foreign edition…

AP: Economic downturn already resulting in NJ layoffs in Japan, but NJ not counted in unemployment figures

Posted on October 27, 2008October 27, 2008 by Dr. Debito Arudou

AP: “Brazilian Stenio Sameshima came to Japan last year with plans to make a bundle of money at the country’s humming auto factories. Instead, he’s spending a lot of time in line at employment agencies.

“The 28-year-old is one of hundreds, perhaps thousands, of foreigners who are among the first laborers in Japan to lose their jobs as the global financial crisis eats into demand for cars, trucks and motorcycles, government officials say.

“The layoffs are also the first evidence that the mushrooming economic crisis in the United States and elsewhere is shaking the Japanese labor market, presaging further trouble if the downturn persists or deepens…

“The government does not track the number of jobless foreigners, but local officials, workers and employment agencies tell of hundreds of workers like Sameshima let go by companies linked to topflight producers – Toyota, Honda, Yamaha…

“Yet, working conditions are precarious. Foreigners are often hired through temporary employment agencies, so they can be easily fired. They live in company housing, so they lose their apartments when they lose their jobs. There hasn’t been a marked increase in homelessness, but anecdotes of foreigners having to move in with friends or relatives abound…”

How political — the unemployment rate is a very political thing in Japan, as it likes to boast worldwide how (artificially) low unemployment is. I guess it’s clear now that bringing in NJ labor has an extra benefit — not only are they cheap, you don’t count them if they lose their jobs!

South Korea’s 2007 “Basic Act on Treatment of Foreigners Residing in Korea”. Hello Japan?

Posted on October 22, 2008October 22, 2008 by Dr. Debito Arudou

In 2007, South Korea passed “The Basic Act on Treatment of Foreigners Residing in Korea”, a law regarding equitable treatment and human rights protections for foreigners and naturalized Koreans. This is on top of government apparatus established specifically to enforce those protections. While I’m sure the system is far from perfect (the UN’s comments below are eerily similar to what goes on in Japan), if South Korea can pass a law on this, so can Japan. Here is more information on it from the ROK and the UN.

“Japanese Only” at Tokyo Takadanobaba private-sector job placement agency

Posted on October 20, 2008October 20, 2008 by Dr. Debito Arudou

A private-sector job search agency for day laborers in Takadanobaba (and other branches, confirmed) refuse foreign laborers. Says so explicitly on their sign. A phone call to them confirm this was fruitful, and after mentioning that this is in direct violation of the Labor Standards Law (Articles 3 and 4), they said they’ll doryoku shimasu.

Kyodo: ‘Institutional racism’ lets Japan spouses abduct kids

Posted on October 18, 2008 by Dr. Debito Arudou

Clarke, 38, who lives in central England, has since been given an order from the British courts that declares that the children are “habitually resident” in Britain, and he claims his wife would be prosecuted under English law if she returned.

However, the family judge in Ibaraki Prefecture has told Clarke informally that if his case went to court, he would not order that the children return home or give Clarke access.

The judge explained that it was “complicated” and he did not have the powers to enforce an order coming from a British court, Clarke said.

Critics claim this habitual refusal from family courts stems from the fact that Japan has not yet ratified the Convention on the Civil Aspects of International Child Abduction…

“The message to Japanese nationals is that they can commit crimes on foreign soil and if they get home in time they won’t face extradition,” he said.

He said he has had little help from the British Embassy or government in his fight.

Japan Times editorial Oct 6: Japan’s foreign workers

Posted on October 16, 2008October 16, 2008 by Dr. Debito Arudou

Editorial: The number of regular foreign employees has also leaped to its highest level ever, giving evidence that the new workers are not merely here for a few years, but intend to stay much longer.

More than one-third of all foreign workers are listed as heads of household with contract worker or temporary worker status. This suggests that many of these workers are starting to call Japan home. Workers are still coming over for short-term work, but even those short-termers are working here for increasingly longer periods of time.

Having all workers documented by companies and reported to the government signals a more responsible approach than the often-exploitative conditions for many foreign workers in the past. Though the total percentage still remains small, these workers are integrating more deeply into Japanese workplaces and society. That integration demands better conditions and a more concerted effort to find ways of successful and productive integration. Finding the right way forward on this issue is rather tricky, but can be expedited by focusing on the essentials of work and health.

First of all, it is essential that past problems with foreign workers be resolved. The importing of “trainees” and “interns,” terms often used to cover up exploitative and even illegal work practices in the past, needs closer oversight. Foreign workers should also be enrolled in social insurance, including pensions and health care, on an equal basis with Japanese workers. Contracts, too, need to be better negotiated and clearly written. When contracts are broken, on an individual or large-scale basis, foreign workers should be assured of the same rights as Japanese.

Rogues’ Gallery of “Japanese Only” Establishments updated: Tokyo Akihabara, Kabukicho, Minami-Azabu, Tsukiji, & Ishikawa added

Posted on October 14, 2008 by Dr. Debito Arudou

The “Rogues’ Gallery”, an archive of “Japanese Only” exclusionary establishments spreading nationwide across Japan, has now been updated for the season.

Added have been Tokyo Akihabara (shop), Minami-Asabu (ballet school), Kabukichou (nightlife), Tsukiji (seafood restaurant), and Ishikawa (a newspaper subscription outlet for the Hokkoku Shinbun — yes, a Japanese newspaper outlet refusing NJ subscribers).

This brings the tally to (places and types of establishment):

Onsens in Otaru (Hokkaido), Bars, baths, karaoke, and restaurant in Monbetsu City (Hokkaido), Public bath and sports store in Wakkanai (Hokkaido), Pachinko parlor, restaurant, and nightlife in Sapporo (Hokkaido), Bars in Misawa (Aomori Pref), Disco in Akita City (Akita Pref), Hotels and Bar in Shinjuku and Kabukicho (Tokyo Shinjuku-ku), Ballet School in Minami-Azabu (Tokyo Minato-ku), Seafood restaurant in Tsukiji (Tokyo Minato-ku), Weapons etc. store in Akihabara (Tokyo Chiyoda-ku), Women’s (i.e for women customers) Relaxation Boutique in Aoyama Doori (Tokyo Minato-ku), Bar in Ogikubo (Tokyo Suginami-ku), Bars in Koshigaya (Saitama Pref), Bar in Toda-Shi(Saitama Pref), Stores and nightclubs in Hamamatsu (Shizuoka Pref), Onsen in Kofu City (Yamanashi Pref), Nightlife in Isesaki City (Gunma Pref), Nightlife in Ota City (Gunma Pref), Bars in Nagoya City (Aichi Pref), Internet Cafe in Okazaki City (Aichi Pref), Hokkoku Shinbun Newspaper in Nonochi, Ishikawa Pref. (yes, you read that right), Onsen Hotel in Kyoto, Eyeglass store in Daitou City (Osaka Pref), Apartments in Fukshima-ku (Osaka City), Bar in Kurashiki (Okayama Pref), Nightclub and Bar in Hiroshima(Hiroshima Pref), Restaurant in Kokura, Kitakyushu City (Fukuoka Pref), Billiards hall in Uruma City Gushikawa (Okinawa Pref), Miscellaneous exclusionary signs (Tokyo Ikebukuro, Kabukicho, Hiroshima).

Update details as follows:

Discussion: Nationality vs. ethnicity. Japan’s media lays claim to naturalized J-American Nobel Prizewinner

Posted on October 9, 2008October 9, 2008 by Dr. Debito Arudou

I think we have an interesting opportunity to discuss issues of ethnicity vs. nationality in Japan, with the J media’s treatment of three recent Nobel Prizewinners.

The J media claimed yesterday that “three Japanese just won a Nobel for Physics”, even though one emigrated to the United States, has lived there for 56 years, and has worked at the University of Chicago for 40. From an American and Japanese standpoint he’s ethnically Japanese, of course (he was born and lived his formative years in Japan). But he’s certifiably American in terms of nationality (one assumes he gave up his Japanese citizenship, which would be required under normal circumstances as Japan does not allow dual nationality). That didn’t stop Japan’s media from headlining that “3 Japanese won”. What do readers think? Is it appropriate?

Oyako-Net street demo regarding parenting rights after divorce in Japan Oct 26 1PM Ebisu

Posted on October 9, 2008October 28, 2008 by Dr. Debito Arudou

THE STREET DEMONSTRATION to establish parenting rights after divorce -part 2

We will have another street demonstration in Tokyo since the first demonstration in July. Please come and join us! Music, Dancing and other performances are welcome !

When: Oct 26th, 2008 meet at 1:00 pm/ start at 1:30pm. Where: Meet at Ebisu-Kouen, Shibuya and walk to Kodomo no Shiro (Children’s Castle), Aoyama.

※Ebisu-Kouen (1-19-11 Ebishu Nishi)　

5 minutes walk from Ebisu-Station West Exit.

Japan Times JUST BE CAUSE column on how “gaijin” concept destroys Japan’s rural communities

Posted on October 7, 2008October 28, 2008 by Dr. Debito Arudou

Japan Times JUST BE CAUSE/ZEIT GIST Column excerpt:
Allow me to conclude my trilogy of columns regarding the word “gaijin” this month by talking about the damage the concept does to Japanese society. That’s right — damage to Japanese society.

I previously mentioned the historical fact that “gaijin” once also applied to Japanese — to “outsiders” not from one’s neighborhood. But as Japan unified and built a nation-state, it made its “volk” all one “community,” for political and jingoistic reasons. Anyone considered to be Japanese became an “insider,” while the rest of the world became “outsiders,” neatly pigeonholed by that contentious term “gaijin.”

However, old habits die hard, and “outsiderdom” still applies to Japanese. Even if not specifically labeled “gaijin,” the effect is the same: If Japanese aren’t from “around here,” they don’t belong, and it’s destroying Japan’s rural communities.

Get Japan Times tomorrow Tues Oct 7: New JUST BE CAUSE Column on “Gaijin” Part 3

Posted on October 6, 2008 by Dr. Debito Arudou

Just a quick word to tell you about my next column, coming out tomorrow morning Tues Oct 7 (Weds in ruralities, which is appropriate to this essay). Topic: “Gaijin” Part 3, about how the strict “insider-outsider” paradigm in Japan also affects Japanese who move house, and find themselves isolated as “newcomers” to the point where it’s destroying Japan’s countryside.

JK asks what happens to scandalized Japanese politicians

Posted on October 3, 2008 by Dr. Debito Arudou

For discussion: What happens to J politicians tainted by scandal? Do they just leave office, collect a pension, and die ignobly? Or do they get a second chance later for the most part, and stage political comebacks? What do people know about their favorite scandalized politician? I give Yamasaki Taku, Suzuki Muneo, and “Knock” Yokoyama as three examples, with only one ending in no political comeback. More?

First Aso Cabinet member resigns — tripped up (inter alia) by comments regarding Japan’s ethnic mix

Posted on September 28, 2008September 28, 2008 by Dr. Debito Arudou

Well, well, what surprising news tonight. Ministry of Transport etc. resigned today over comments he made, among others, about Japan’s ethnic homogeneity. As I wrote two days ago, I’m pleased that comments like these aren’t allowed to pass any more.

Then again, it’s probably not so surprising — given a litany of comments this twit has a habit of making — such as calling Japan’s largest teacher’s union a “cancer for Japanese education”. See article below.

In the longer view, however, this resignation isn’t all that earth-shattering. This first Aso Cabinet was always meant to be a stopgap measure until the next election in a month and change. But it can’t help the LDP’s image to have this much “thoroughbredness” (or, in my view, inbredness — the media has talked a lot about Aso and company’s relatives as political giants) — and it will (hopefully) convince the voters that the Tired Old Party needs a break from power.

The Japan Times Community Page on the JBC “Gaijin Debate”, part two.

Posted on September 24, 2008September 24, 2008 by Dr. Debito Arudou

The JUST BE CAUSE Columns I wrote these past two months on the word “Gaijin” have inspired a lot of debate. Again, good. Thanks everybody. Here’s another salvo from The Community Page yesterday. I’ll have a Part Three on this issue out in The Japan Times on October 7, talking about how the strict “insider-outsider” system here (of which “Gaijin” is a subset of) also affects Japanese, and hurts Japanese society as a whole. Thanks for reading and commenting. And I love the illustration in the JT for this article…

Japan Times FYI on Supreme Court

Posted on September 22, 2008 by Dr. Debito Arudou

I’m not a big fan of the Japan Supreme Court, as my experience with it was when they summarily ruled that the Otaru Onsens Case (which involved racial discrimination, Japan Constitution Article 14) was “unrelated to constitutional issues”. This after only a couple of months of deliberation (it usually takes many years for rulings to come down).

It also refused to hear the case for Gwen Gallagher vs. Asahikawa University case, where she was fired for not being “fresh” (their words) enough to teach. And also, given Japan’s lower court rulings, because she’s a woman.

Yes, the JSC does sometimes issue miraculous rulings, such as this recent one regarding international children and J citizenship laws (causing some speculation that the JSC is in fact becoming more liberal; a bit premature IMO). But given the odd conservatism seen otherwise (such as the Chong-san case a few years back, ruling that denying a Zainichi the right to sit Tokyo medical administrative exams, merely because she’s a foreigner, is constitutional), that’s why they’re miraculous.

Anyway, read on. My favorite bit is at the end on how we can vote on Supreme Court justices. (I’ve done so when I voted.) It’s not much of an indicator–abstaining from voting for someone is counted as a “yes” vote (yes, I asked), meaning it’s not a majority of “yes” vs “no” votes, it’s “yes and no vote” vs “no” votes, meaning it’s highly unlikely the public could ever turf out a Robert Bork type. In other words, it’s a sham. And it’s never denied a JSC appointment, as the article indicates.

Japan Times on worries about Post-Fukuda immigration policies

Posted on September 19, 2008 by Dr. Debito Arudou

Nakamura faulted the bureaucrats for not creating a warmer society for foreigners. For example, they don’t bring up the poor labor conditions for foreign workers, but when a foreigner is suspected of a crime, the information is spread immediately, Nakamura said.

“Bureaucrats don’t want (many foreigners in Japan),” Nakamura said. “Otherwise, it would be so easy (for bureaucrats) to start an educational campaign on living symbiotically with foreigners.”

Admitting that lawmakers have also dragged their feet, Nakamura said the key to breaking the vertically structured bureaucrat-led administration is to establish an official “immigration agency” to unify the handling of foreigner-related affairs, including legal issues related to nationality and immigration control.

Those problems are currently managed by various ministers. For example, anything related to immigration goes to the Justice Ministry, labor issues to the Health, Labor and Welfare Ministry, and livelihood in general to the Internal Affairs and Communications Ministry.

“We need to integrate all of the power, and that is why an immigration agency” is necessary, Nakamura said. “If the power is scattered around, we can’t move forward.”

DEBITO.ORG NEWSLETTER SEPT 17, 2008: AMERICA AND JAPAN TOUR 2008 TRAVELOGUE

Posted on September 17, 2008September 19, 2008 by Dr. Debito Arudou

This is a special Newsletter to tell you all how my recent six-week trip went between Santa Cruz, San Francisco, Berkeley, Mountain View, Hamamatsu, Inuyama, Osaka, Nagoya, Saitama, Nagano, Sendai, and Kitakami, Iwate.

Guardian UK on child abductions in Japan, this time concerning UK citizens

Posted on September 16, 2008September 16, 2008 by Dr. Debito Arudou

Guardian: Clarke, a 38-year-old management consultant from West Bromwich, has gone to great lengths to win custody. The Crown Prosecution Service said his wife could be prosecuted in the UK under the 1984 child abduction act.

However, he can expect little sympathy from Japanese courts, which do not recognise parental child abduction as a crime and habitually rule in favour of the custodial – Japanese – parent.

Japan is the only G7 nation not to have signed the 1980 Hague convention on civil aspects of child abduction, which requires parents accused of abducting their children to return them to their country of habitual residence. He is one of an estimated 10,000 parents, divorced or separated from their Japanese spouses, who have been denied access to their children. Since the Hague treaty came into effect, not a single ruling in Japan has gone in favour of the foreign parent.

Campaigners say Japan’s refusal to join the treaty’s 80 other signatories has turned it into a haven for child abductors.

The European Union, Canada and the US have urged Japan to sign, but Takao Tanase, a law professor at Chuo University, says international pressure is unlikely to have much impact. “In Japan, if the child is secure in its new environment and doesn’t want more disruption, family courts don’t believe that it is in the child’s best interest to force it to see the non-custodial parent,” he said.

Japanese courts prefer to leave it to divorced couples to negotiate custody arrangements, Takase said. Officials say the government is looking at signing the Hague treaty, though not soon.