Japan Times July 8 2008 45th Zeit Gist Column: Gaijin as Public Policy Guinea Pig

GAIJIN AS GUINEA PIG
Non-Japanese, with fewer rights, are public policy test dummies
By ARUDOU Debito
Column 45 for the Japan Times Zeit Gist Community Page
Draft Seventeen, “Director’s Cut”, with links to sources
Published July 8, 2008:

Anywhere in the world, non-citizens have fewer legal rights than citizens. Japan’s Supreme Court would agree: On June 2, in a landmark case granting citizenship to Japanese children of unmarried Filipina mothers, judges ruled that Japanese citizenship is necessary “for the protection of basic human rights”.

A shortage of rights for some humans is evident whenever police partake in racial profiling–for example, stopping you for walking, using public transportation, even cycling while gaijin (Zeit Gist Jul. 27, 2004). Japanese citizens are protected against random questioning by the “Police Execution of Duties Act”; requiring probable cause of a crime. But non-citizens, thanks to the Foreign Registry Law, can be questioned at any time, any place, under penalty of arrest (with some caveats; see SIDEBAR below).

The societal damage caused by this, however, isn’t so easily compartmentalized by nationality. Denying legal rights to some people will eventually affect everyone, especially since non-Japanese (NJ) are being used as a proving ground for embryonic public policy. Read more…

On-Site Briefing: Summit seeps into Sapporo on little cat feet…

Final word for now: It seems the Japanese police are more concerned about giving the appearance of security than creating actual security. A friend of mine, trained in undermining infrastructure and assassination (yes, I talk to a lot of people) due to his stint in a foreign military, has eyewitnessed numerous flaws in the Chitose security (such as being able to drive a van into Chitose with tinted windows–and not be stopped! Could have brought in all manner of subversive elements that way). And that any trained assassin is capable of coming months before the event and hiding out in the woods until needed. He doubts that we’re significantly more secure after all this expense, public inconvenience, and precedent renewed of subverting Japan’s civil society.

Forget these summits. How about a video conference for world leaders? Stop putting overreactive societies like Japan through these sorts of things.

DEBITO.ORG NEWSLETTER JULY 1, 2008: SPECIAL ON PRE-SUMMIT

DEBITO.ORG NEWSLETTER JULY 1, 2008
SPECIAL ON EVE OF HOKKAIDO TOYAKO G8 SUMMIT
Table of Contents:

THE BIG PICTURE: JAPAN G8 SUMMIT’S SECURITY OVERKILL
My April 22 2008 Japan Times column on excesses of G8 Summit, now also in Japanese
Vindication: Japan Times on dangerous precedents set by G8 security
Japan Times Eric Johnston speaks for HIBA Sapporo July 10 on G8 Summit aftermath
Registered overseas journalists being detained, refused entry into Japan due to Summit

IN MICROCOSM: PROTESTING RACIAL PROFILING BY HOKKAIDO POLICE
My most recent Japan Times JUST BE CAUSE Column (July 1) as primer to this issue
Background: Being stopped by Hokkaido Police for walking while White in Chitose Airport
(links to audio recording, stakeout photos, and bilingual transcript of police questioning)
Text of Protest Letter handed into Hokkaido Police (Japanese)
Full report: Press conference goes well, but Hokkaido Police deny racial profiling
despite evidence, use every trick in the book to evade accountability and press scrutiny.

STILL MORE EVIDENCE OF GAIJIN TARGETING:
G8 Summit Security in Roppongi: Flyers asking NJ for cooperation
“in carrying out security inspections and police checkups”
Nagano Ryokan: Ministries order all hotels nationwide to target
all “foreign guest” passports to unearth terrorists

…and finally…
American tarento Pakkun bullies eager language learners at G8 Summit Site

Japan Times JUST BE CAUSE Column 5: July forecast: rough, with ID checks mainly in the north

My latest JUST BE CAUSE column, on racial profiling for Summit security:

“I have suggested before (Zeit Gist Dec. 18, 2007) that Japan shouldn’t host major international events. Unfettered police power and insufficient media scrutiny create a virtual police state inconveniencing everyone.

I’ve likewise criticized the Hokkaido G8 Summit (ZG Apr. 22)–not only as a waste of resources (an estimated $700 million spent, mostly on “security”), but also because police harass foreign-looking people as potential terrorists.

Like me…

Conclusion: Hang on, folks–it’s going to be a rough July. And just wait: These Summits happen here every eight years. So if Tokyo also gets the Olympics in 2016, we’ll have a double whammy. Which means, unless Japan develops more public accountability, more money for the police, and more meiwaku for those who unfortunately look foreign.”

Registered overseas journalists being detained, refused entry into Japan due to Summit

Kimura Kayoko of Nikkan Berita reports:

Recently, as the eve of the G8 Summit approaches, we are seeing incident after incident of non-Japanese being stopped at airports.

NJ who are coming here for G8 Summit activities (including reportage and convocations), without connections to governments or major press outlets, are apparently being subjected to background searches. 24-hour detentions are not unusual.

Last night (June 27), three Hong Kong citizen journalists who have been registered with the Citizens’ Media Center (Sapporo) were detained by Immigration, and were on the verge of being deported.

This morning, Susan George (ATTAC France) was stopped and questioned at the airport. Ms George is 74 years old, and her detention demonstrates a lack of humanity on the part of authorities.

Similar measures on the part of Immigration are forecast to continue in this vein.

J Times: Radical GOJ immigration plan under discussion

Japan Times: Foreigners will have a much better opportunity to move to, or continue to live in, Japan under a new immigration plan drafted by Liberal Democratic Party lawmakers to accept 10 million immigrants in the next 50 years.

“The plan means (some politicians) are seriously thinking about Japan’s future,” said Debito Arudou, who is originally from the United States but has lived in Japan for 20 years and became a naturalized citizen in 2000. “While it is no surprise by global standards, it is a surprisingly big step forward for Japan.”

The group of some 80 lawmakers, led by former LDP Secretary General Hidenao Nakagawa, finalized the plan on June 12 and aims to submit it to Prime Minister Yasuo Fukuda later this week.

The plan is “the most effective way to counter the labor shortage Japan is doomed to face amid a decreasing number of children,” Nakagawa said…

Japan had 2.08 million foreign residents in 2006, accounting for 1.6 percent of the population of 128 million. Raising the total to 10 million, or close to 10 percent of the population, may sound bold but is actually modest considering that most European countries, not to mention the U.S., have already exceeded this proportion, Sakanaka said.

Fukuda outlined in a policy speech in January his aim to raise the number of foreign students to 300,000 from the current 130,000, but without specifying a timetable.

However, the immigration plan calls for the goal to be achieved soon and for the government to aim for 1 million foreign students by 2025. It also proposes accepting an annual 1,000 asylum seekers and other people who need protection for humanitarian reasons…

Arudou, a foreigners’ rights activist, noted the importance of establishing a legal basis for specifically banning discrimination against non-Japanese.

“Founding a legal basis is important because people do not become open just because the government opens the door,” he said…

But wait, there’s even more to this excellent article:

Hokkaido Police at Chitose Airport only stop non-Asian passengers for G8 Summit anti-terrorist ID Checks, ask me for ID three times. Voice recording as proof (UPDATED)

When I was exiting baggage claim at Shin-Chitose Airport on June 19, 2007, plainclothes policemen pounced on me and other Caucasians for walking while White in a Japanese airport. A soundfile I made of the ID check and photos of the police hiding in plainclothes (available in this blog entry) confirm that 1) I was stopped because the policeman thought I looked like a foreigner, 2) my claims that I am a Japanese initially fell on deaf ears, 3) the police have no power to stop non-Asians when they say they are Japanese, 4) the police will continue to carry out these ID Checks until the end of the G8 Summit, and 5) they are hearing protests from people who dislike being treated like suspected terrorists.

It’s a familiar refrain. But I got lucky: my interrogator, a Mr Ohtomo (Hokkaido Police Badge #522874) was a gentle and conscientious person–not like some police I’ve encountered in situations like these in the past… For once, however, I have audible proof of what goes on in these situations, so look, listen, and learn how to stand up for yourself.

English transcript of the Japanese recording of our conversation now enclosed.

Yomuiri: Japan’s universities scramble for foreign students

Some very good articles in the Yomiuri on just how far behind Japan’s universities are in attracting foreign students. And how Japanese companies aren’t willing to hire them (We’ve discussed this briefly here before.) Plus how Japanese universities treat certain nationalities of students differently, and some signs of Japanese students’ exodus for education overseas. Good reading. Excerpt:

Although prestigious universities like Tokyo, Waseda and Keio have made efforts to attract foreign students, Japanese universities in general struggle to attract students from abroad, many commentators say.

David Satterwhite, the executive director of the Japan-United States Educational Commission, better known as the Fulbright Program, is one of those concerned.

“The crisis is real,” Satterwhite said. “Japanese universities have traditionally been very slow to change… Traditional elements of Japanese education, such as the administration system, are hindering the internationalization.”…

Japanese universities lag far behind internationally acclaimed U.S. and British colleges in global university rankings.

In the 2007 Times Higher Education-Quacquarelli Symonds (THE-QS) World University Rankings, one of the most closely watched college league tables, Harvard University held onto top spot, with Cambridge, Oxford and Yale just behind.

Far down the list, Japanese universities finally start appearing, with Tokyo University and Kyoto University ranked 17th and 25th, respectively…

DEBITO.ORG NEWSLETTER JUNE 15, 2008

TWO STEPS FORWARD
GOJ Panel: Japan should welcome skilled foreign workers, also create Immigration Agency,
and increase the NJ population to 10 million!
Japan Immigration Policy Institute’s Sakanaka-san on Japan’s new immigration policy (Japanese)
AFP: Once “homogeneous” Japan will finally recognize Ainu as distinct ethnic minority

ONE STEP BACK
Hokkaido Police G8 anti-terrorism measures: deputizing coke machines with scare posters, police checkpoints in Chitose Airport…
NYT on free land in Hokkaido (yes, you read that right)–but in one place only to NJ with PR

INTERESTING TOPICS AND TANGENTS
Akihabara stabbing incident June 8, 2008–yet Akihabara knife shop with “Japanese Only” sign up
Japan Times FYI on voting rights in Japan (including Zainichi & Newcomer NJ)
LA Times: US giving liver transplants to Yakuza with FBI assistance
Excellent Japan Times FYI column on the sex industry in Japan
China bans terrorists during Olympics (Shanghai Daily)

GATHERINGS OF INTEREST
Speech June 20, 2008, Arudou and Goetz speak on G8 Summit and Sapporo’s internationalization
Amnesty Int’l Public Seminar Shinjuku Sat June 21 on Beijing Olympics & crackdown on Journalists and Writers in China
July 13 Tokyo Organizational meeting for Oyako Net, a nationwide network for realizing child visitation for both parents in Japan
…and finally…

Otaru Onsens Lawsuit 2002 Sapporo District Court decision translated into English

GOJ Panel: Japan should welcome skilled foreign workers, also create Immigration Agency, and increase the NJ population to 10 million!

TOKYO, June 10 (Reuters) – Japan should open its doors to more skilled workers from abroad in order to boost economic growth, the government’s top advisory panel said on Tuesday.

The council called on the government to come up with programmes by the end of this fiscal year to create a business and living environment that would attract highly skilled workers from around the globe.

“It is impossible to achieve economic growth in the future if we do not press forward with the ‘open country’ policy,” the Council on Economic and Fiscal Policy said in its annual growth plan, which was released on Tuesday.

Hokkaido Police G8 anti-terrorism measures: deputizing coke machines with scare posters, police checkpoints in Chitose Airport…

With less than a month to go before the G8 Summit comes to Hokkaido, here’s some information on how the public is being steeled for the event. I expect things are only going to get worse (like they did for the Sapporo leg of the 2002 World Cup), when walking while White in public is going to be cause for suspicion, with street corner ID checks by overtrained paranoid cops indulging in racial profiling. It’s already happening, according to Olaf Karthaus, in Chitose Airport…

Eric Johnston and I have already talked about the oversecuritization for both the Debito.org blog and for the Japan Times.

Here’s the first evidence of that: Deputized coke machines…

GOJ: Chinese are largest NJ group in Japan as of end-2007

Here’s a reversal of the Postwar NJ natural order of things: Japan Times/Kyodo: “Chinese became the largest group of foreign residents in Japan at the end of 2007, outnumbering Koreans, the Immigration Bureau said Tuesday. Of the 2.15 million registered foreigners in Japan, Chinese numbered 606,889, or 28.2 percent, while Koreans totaled 593,489, or 27.6 percent, the bureau said. They were followed by Brazilians, Filipinos and Peruvians…”

SMJ Forum On NJ Rights and Living Standards, Sat June 14, Kawasaki

Solidarity With Migrant Workers Network Japan (SMJ) will hold its biannual national forum on Saturday June 14 (from noon) and Sunday June 15 (from 1pm) at the Kawasaki Kyoiku Bunka Kaikan, near Kawasaki Station. The host, Solidarity With Migrants Japan, has long tackled serious issues facing foreigners living in Japan, including discrimination, violence, visa issues, labor problems and the like. The forum will bring together dozens of groups that handle NJ issues from around the country and even some from other countries.

Eric Johnston on extreme security at Kobe G8 Environmental Ministers Summit

Eric Johnston on the recent mess that passed for G8 Environmental Ministers Kobe Summit: “Readers of this website are no doubt familiar with Debito’s warning about Sapporo and parts of Hokkaido becoming a virtual police state during the main Leaders’ Summit, which takes place at Lake Toya in early July. Here, I owe Debito something of an apology, as I originally thought he may have been a bit hyperbolic, as I often am, for dramatic effect in order to emphasize a larger truth. Surely things weren’t that bad? Unfortunately, after my experience at the G8 Environment Ministers’ conference, I’m wondering if he might not have been prophetic… Many readers of Debito.org will be in or around not only Hokkaido during the main G8 Leaders Summit in July, but also Tokyo, Kansai, and other areas of Japan where the lesser ministerial summits are taking place. The security of the Environment Ministers conference may foreshadow the kinds of security measures that will be seen around Japan over the next month, as we approach the Toyako Summit. More ominously, these may be the kind of security measures we may yet see for more “international conferences” following the Hokkaido summit, as the government and their police and media allies bray on and on about possible “terrorist attacks.” The second reason is to illustrate, in a small way, just what your tax money is buying -a stronger police state and a bureaucracy that is balkanized and increasingly unable, in my experience at least, to get the simple things done at these huge international conferences to the extent that they once could…”

Japan Times 4th JUST BE CAUSE column on “Good Grass Roots” June 3 2008

GOOD NEWS FROM GRASS ROOTS
JUST BE CAUSE COLUMN 4
By Arudou Debito, Japan Times June 3, 2008
Reader Rodney in Vancouver recently emailed: “I’ve often found your articles informative and useful, but they tend to take a tone of complaint. Please tell us about some face-to-face, grassroots efforts that have helped make Japanese more considerate and respectful of those who are different.”

Thanks. Yes, my essays sound like “complaints” because I focus on ongoing issues that need redress. That doesn’t mean I don’t see the good news too. Here are 700 words to prove that…

CNN: Narita Customs spike HK passenger’s bag with cannabis

I think this is perhaps the most ridiculous story on Japan I’ve heard this decade. According to CNN, Narita Customs put a bag of marijuana in some visiting NJ’s bag to test their sniffer dogs. Then they lose track of it! Now just imagine if that innocent person was later caught with it. We’re talking Nick Baker (finally sent back to the UK after 6 years in Japanese jail) and other NJ judicial hostages (who can never leave custody or be granted bail until they go through years of slow jurisprudence, even when judged innocent). Of course, we make sure we cause meiwaku to none of our tribe(or to ourselves–think serious chances of a lawsuit from a native)–we use the Gaijin as Guinea Pig. Yokoso Japan!

Terrie’s Take 469: GOJ to sign Hague Convention on Child Abduction by 2010

Terrie’s Take: “Two weeks ago, the Japanese government made a notable announcement that may make Japan more compatible with the legal conventions used internationally, and will be of particular benefit to non-Japanese spouses of Japanese. The announcement was that by 2010, Japan would sign the the 1980 Hague Convention on Civil Aspects of International Child Abduction, an international legal construct that attempts to deal with the thorny issue of court jurisdiction when children of international marriages are moved cross-border, often by a parent trying to thwart a court ruling in the previous jurisdiction. Currently, Japan is known as a haven for disaffected Japanese spouses who, in getting divorced, abscond with their kids back to Japan. Once in Japan they can dare their foreign spouses to try getting the kids back — something that despite around 13,000 international divorces a year in Japan and more overseas, has NEVER happened…”

NYT on Japan’s dearth of NJ techies, scientists, and engineers

NYT: “Afraid of a hollowing-out of its vaunted technology industries, Japan has been scrambling to entice more of its younger citizens back into the sciences and engineering. But labor experts say the belated measures are limited and unlikely to fix the problem. In the meantime, the country has slowly begun to accept more foreign engineers, but nowhere near the number that industry needs. While ingrained xenophobia is partly to blame, companies say Japan’s language and closed corporate culture also create barriers so high that many foreign engineers simply refuse to come, even when they are recruited. As a result, some companies are moving research jobs to India and Vietnam because they say it is easier than bringing non-Japanese employees here.”

UN OHCHR Minority Update: Japan reviewed by Human Rights Council

Here are two updates on Japan’s human rights behavior being considered for periodic review by the UN Human Rights Council. This is a new activity by the UN after the old Human Rights Commission was disbanded, accused for many years of having the world’s worst human-rights offenders as leaders, there covering up their own abuses. Now under this new organ with the same acronym, everyone is being subject to review once every four years. And according to the press releases below, Japan’s turn came last week. Forwarding primary-source documents to you. Pertinent sections underlined. As it says below, you can also submit documents to the OHCHR if you want about human-rights abuses in Japan. Five pages max, deadline July 14, 2008, email included in this blog entry.

Burma/Myanmar junta’s connection to Japanese Imperial Army

Articles from the Japan Times and JPRI on the Burmese (Myanmar) junta’s historical connection to the Japanese Imperial Army, and how the Japanese government even today has surprisingly close ties to the maniacs who rule Burma–to the point of muting criticism when a Japanese journalist gets cut down by the military, and instead offering criticism of Aung San Suu Kyi’s election victory!

Anonymous on job-market barriers to NJ graduates of J universities: The “IQ Test”

An anonymous poster with a degree from a world-class Japanese university writes in about barriers to getting a job at Japanese companies–an IQ test that in the poster’s view doesn’t measure non-native candidates fairly or accurately. I too had to deal with one of those back in 1989, but managed to talk my way into the job anyway (thanks to the “kokusaika” mantra of the Bubble Years). Other readers with experiences with these types of corporate entry-level tests are welcome to share them. For in the author’s view (and mine), these sorts of barriers only hurt Japan when educated candidates want to stay and contribute.

Japan Today: Gov’t looks to immigrants as population shrinks

According to the AFP and Japan Today: “Japan’s ruling party is considering plans to encourage foreign workers to stay in the country long-term, a daily reported Monday after the birth rate fell for the 27th successive year. The Liberal Democratic Party (LDP) has proposed setting up an “immigration agency” to help foreign workers—including providing language lessons, the Nikkei economic daily said without naming sources. The party also intends to reform current “training” programs for foreign workers, which have been criticized for giving employers an excuse for paying unfairly low wages, the paper said.”

DEBITO.ORG NEWSLETTER MAY 11, 2008–SPECIAL ON CRIME AND PUNISHMENT IN JAPAN

JUDICIAL TREATMENT OF NJ VICTIMS OF CRIME
1) Filipina allegedly killed by J man, let out of jail despite suspicion of killing another Filipina in past
2) Japan Times et al on homicide of Scott Tucker: “likely to draw leniency”
3) Tokyo Police apparently drop case of Peter Barakan’s assault
4) Yomiuri and Japan Times on Matthew Lacey Case:
Fukuoka Police dismiss NJ death by blow to the head as “dehydration”

JUDICIAL TREATMENT OF NJ ACCUSED OF CRIME
5) “Hostage Justice”: Swiss woman acquitted of a crime,
but detained for eight months anyway during prosecution’s appeal
6) Two articles from The Economist on bent Japanese criminal justice system, death penalty
7) Rough Guide on what to do if and when arrested in Japan
8) Yuyu Idubor’s Statement to High Court April 23, 2008, letters from prison parts five and six

SYSTEMATIC POLICE TREATMENT OF NJ EVEN WITHOUT CRIME
9) Japan Today: Male Shinjuku cops rough up Singaporean women during “passport check”
(with link to Japan Probe site with information about possible police identity fraud)
10) Hiragana Times July 2006 on NJ police brutality by Toyonaka, Osaka cops
11) Potential Olympic torch problems in Nagano? All the more reason to target NJ!
12) Asahi, Mainichi, and Yomiuri: Replacement “Gaijin Card” system, increasing police powers
13) Japan Times: Critics deride future extra policing of NJ under new proposed registration policy

WHY THIS IS UNJUST: JAPAN’S EXTREME POLICE POWERS
14) Reuters: Study says immigrants and crime rate not linked
15) Japan Times ZEIT GIST: G8 Summit and the bad “security” habits brought out in Japan

Japan Today: Shinjuku cops rough up Singaporean women during “passport check”

Japan Today: A few burning questions that arose from this incident:
1) Are these police officers authorized to request our passports as they wish?
2) Under what circumstances can these officers exercise this authority?
3) Without any resistance in any way from us, other than just asking why they require our passports and trying to walk to the station control, where we feel safer, are they allowed to use physical restraint?
4) Are these male officers allowed to use physical restraint on females like us? Should they not have waited for a female officer?
5) In such a predominantly tourist area like Shinjuku, where these officers are checking for foreign passports, should they not have received some form of language training so that they can explain why they need to see my passport? I do not believe that expecting them to be achieve a basic level of communication skills in the English language which is spoken in most of the rest of the world is unreasonable in anyway. What kind of training DO these officers receive?
6) What in the world did my friend and I do that warranted the passport check and the physical restraint?

Japan Times ZEIT GIST: G8 Summit and the bad “security” habits brought out in Japan

Japan Times column on the Hokkaido G8 Summit: The point is, international events bring out bad habits in Japan. And now we have Tokyo bidding for the 2016 Olympics? Cue yet another orgiastic official fear-and-crackdown campaign foisted on the public, with the thick blue line of the nanny state the biggest profiteer. Conclusion: I don’t think Japan as a polity is mature enough yet to host these events. Japan must develop suitable administrative checks and balances, not to mention a vetting media, to stop people scaring Japanese society about the rest of the world just because it’s coming to visit. We need to rein in Japan’s mandarins and prevent them from converting Japan into a police state, cracking down on its already stunted civil society.

US State Dept Country Reports on Human Rights Practices, 2007, Japan

Although the US is certainly no paragon of human rights worldwide (what with torture, renditions, abuses under SOFA, denial of Habeas Corpus to non-citizens, Guantanamo, Abu Ghraib, and the largest arms sales worldwide, to name but a few caveats under this administration), here is their annual report on human rights in Japan in full. For what it’s worth. Note how the situation of “Japanese Only” signs nationwide is no longer mentioned, like it was in previous reports. I guess the US State Department considers the situation resolved. I beg to differ.

Yomiuri: 80% of hospitals interested in employing foreign nurses

Yomiuri: “More than 80 percent of medium- or large-sized hospitals have indicated an interest in accepting foreign nurses, while about 40 percent are actually considering hiring such nurses, according to a survey by a research team at the Kyushu University Asia Center. Following bilateral economic partnership agreements signed between Japan and the Philippines and Indonesia, Japan likely will start accepting nurses and caregivers from those countries as early as this summer. “There were more hospitals that showed interest in accepting foreign nurses than we’d expected,” said Sadachika Kawaguchi, professor at University of Occupational and Environmental Health, Japan, who also was involved in the survey.”

Yomiuri: GOJ revising NJ registry and Gaijin Card system: More policing powers, yet no clear NJ “resident” status

Yomiuri reports the change in the old “Gaijin Card” system, extending its validity for up to five years and somehow registering NJ with their J families. The bad news is that this measure, despite claims that it will make life “more convenient” for NJ living in Japan, is mainly a further policing measure. Registration will be centralized in the police forces (not the local municipalities any more), the replacement Cards will have more biometric data and tracking capability (RFID, anyone?), and the “zairyuu” (not “zaijuu”) cards, as labelled, are rhetorically old wine in new bottles. We still have to get beyond seeing NJ in Japan as “not really residents”, and all our protestations thus far clearly have not sunk yet in with policymakers at the national level.

Taste the irony: Japan proposes language requirement for foreign long-term visas, yet protests when Britain proposes the same

Yes, you read that right. The GOJ wants to issue Japanese language tests for long-term NJ visa renewals, yet protests when Great Britain proposes the same. Moral: We Japanese can treat our gaijin any way we like. But don’t you foreign countries dare do the same thing for members of Team Japan.

Two articles from The Economist on bent Japanese criminal justice system, death penalty

The Economist, two articles: “Article 34 of the Japanese Constitution guarantees the right to counsel and habeas corpus, but is systematically ignored. Police and prosecutors can detain suspects for 23 days. Interrogations are relentless and sometimes abusive. Prosecutors are reluctant to bring cases to trial without a confession. Indeed, it is considered a first step in a criminal’s rehabilitation. When asked about the country’s 99% conviction rate, Japan’s justice minister, Kunio Hatoyama, corrected your correspondent to state that it was actually 99.9%, because prosecutors only present cases that are watertight.”… “The notion of being innocent until proven guilty is not strong in Japan. Mr Hatoyama calls it “an idea which I want to constrain”. But confessions are important and the courts rely heavily upon them. Apart from helping secure convictions, they are widely interpreted as expressions of remorse. A defendant not only risks a longer sentence if he insists he is innocent, he is also much less likely to be granted bail before trial—often remaining isolated in police custody, without access to counsel, for long enough to confess. Toshiko Terada, a private lawyer, calls this hitojichi shiho—hostage justice. Perversely, where little supporting evidence exists, the system helps hardened criminals, who know that if they do not confess they are unlikely to be indicted. Innocents, on the other hand, may crack—as in the Kagoshima case, or in a notorious 2002 rape case when the accused confessed under pressure but was released last October after the real culprit came forward.”

DEBITO.ORG NEWSLETTER MARCH 12, 2008

1) New publications up on Debito.org:
First JUST BE CAUSE Japan Times Column, Journal of Intl Health, NY Intl Law Review

The government cracks down, is cracked down upon:
2) IHT: GOJ to “govern influential, widely read news-related websites”. Like 2-Channel.
3) UN’s Mr Ban calls for all nations to face UN Human Rights Council scrutiny
4) Rube Redfield on the GOJ banning use of dispatch teachers in J universities

Tripe and onions:
5) Mainichi: Official figures for NJ visa overstayers drop again in 2007, yet NPA stresses rise
6) NYT: Michelin rankings and the alleged inability for NJ to rate Japanese food

Travelogue and opinions:
7) Interview with Debito on KPIJ re activism, new book, the GOJ, and “The Japanese Way”
8) Quick Report on Debito’s recent Okinawa Trip: AmerAsian School, Kina Shoukichi

… and finally…
9) “WELCOME NON-JAPANESE CUSTOMERS” stickers for sale at Debito.org
10) LINKS TO PRESS RELEASE, PODCAST, BOOK TOUR, and ORDERING DETAILS (PAYPAL OK)
for “Handbook for Newcomers, Migrants, and Immigrants”

Rube Redfield on the GOJ banning use of dispatch teachers in J universities

Here’s one loophole that has just been closed by the GOJ–about the use of “dispatch teachers” (haken sha’in) in the place of full-time workers in universities. This creates problems not only with professionality (essentially putting in “temp” workers in place of qualified professionals), but also with labor standards, as you get part-timers filling in for full-timers, saving money on salaries and social insurance (which the educational institution must pay half of for all full-timers). And with dispatch agencies (such as NOVA and Berlitz) getting involved in this racket, you get businesses creaming off the top as well–sending in disposable labor for a fraction of the cost of hiring anyone with job security and training. The economic incentives are clear. So clear they were abused. Now the GOJ has banned it. Bravo.

ABC News (USA) finally breaks the story about Japan as haven for child abductions

Here’s a magnificent article from ABC News (USA) about how Japan remains a haven for child abduction after a Japanese-NJ marriage breaks up. Long-overdue attention to one of Japan’s worst-kept secrets–how NJ have essentially no parental or custody rights in Japan, and how Japan refuses to take any measure to safeguard the access of both parents or the welfare of the child under the Hague Convention (which it refuses to sign). Article: “Not a single American child kidnapped to Japan has ever been returned to the United States through legal or diplomatic means, according to the State Department.”

Terrie’s Take 456 on Immigration’s looming crackdown on NJ residents

Terrie’s Take: “Over the last 2 years, there have been a number of legislatory submissions and trial PR balloons floated that indicate that the government is intending to significantly increase its control over foreigners living here. Given that many other countries also impose strict tracking and controls on foreign residents who are not migrants, this wouldn’t necessarily be such a bad thing providing that there was some upside offered such as by those other countries. In particular, Japan needs to make laws and apply the proper enforcement of UN human rights to foreign residents. Rights such as anti-discrimination, right to impartial justice, fair treatment of refugees, proper criminalization of human trafficking, and rights of children are all severely lacking. But these unfortunately don’t seem to be part of the agenda at this time.”

DEBITO.ORG NEWSLETTER FEBRUARY 14, 2008

JUSTICE SERVED, JUSTICE DENIED

1) Moharekar Case: Parents raise questions about baby’s death to Sapporo’s Tenshi Hospital
2) Matthew Lacey Case: Fukuoka police dismiss NJ death by blow to the head as “dehydration” (Yomiuri & Japan Times)
3) Mainichi: Chinese Trainees wage successful back-wage lawsuit against strawberry farm
4) Sankei compares NJ computer operators with toxic Chinese gyouza
5) Update on Valentine Lawsuit High Court Appeal
6) Idubor Case: A conversation with Mrs Idubor about life in Japan, and letters from Mr Idubor from prison specially for Debito.org

ISSUES OF BORDERS AND EFFECTS OF FOREIGN INFLUX

7) Asahi on how the GOJ doesn’t recognize NJ schools for tax funding, and why they should
8) Kyodo on USG pressure on Japan to do more fingerprinting
9) “Japanese Only” sign in Tsukiji Fish Market
10) Japan Times on Tsukiji’s tamping down on tourism
11) Alex Kerr on being a “Yokoso Ambassador” for the GOJ
12) DPJ at odds with itself over NJ voting rights

SPEECHES, PODCASTS, TV SPOTS, AND A BOOK TOUR

13) Italian TV SKY TG 24 on the Sapporo Snow Festival… and racial discrimination in Japan
14) January 22, 2008 speech to Waseda’s Global Institute for Asian Regional Integration, podcast and soundfiles in full
15) HANDBOOK FOR NEWCOMERS on sale March 15, Japan Book Tour March 15 to April 1…

Moharekar Case: Parents raise questions about baby’s death to Sapporo’s Tenshi Hospital

Two Indian doctorate researchers at Hokudai, Drs Moharekar, were to have a baby at Tenshi Hospital, Sapporo. However, in August 2007 the baby was stillborn, due to a long-undiagnosed congenital heart defect (which somehow escaped the notice of one doctor, but not another and a doctor back in India). Asking for an explanation, the Moharekars say the hospital said the hospital treated them badly, refused to listen to “complaints”, harassed them linguistically, did not avail them of their allegedly misdiagnosing doctor, and even charged them money to meet with the hospital director for an explanation. The Moharekars hope to get a fuller explanation in writing, so that “this kind of mental harassment and problems will not happen in future again with anybody” at Tenshi Hospital, Sapporo.

Speaking of Tsukiji and tourism… Japan Times on new rules to limit tourists

Japan Times: “The Tsukiji Fish Market, one of the capital’s most popular and well-known tourist draws, adopted rules urging visitors to voluntarily “refrain from coming,” because of sanitation concerns and the disruptions they pose to the auction business…. The plan is to reduce — but not cut off — the number of onlookers. After being promoted in recent years as a tourist site, Tsukiji now finds itself the victim of its own success: So many visitors flock to the gigantic fish market each day that they are endangering its sanitation and interfering with business…”

Yomiuri et al: 71% of NJ tourists come for Japan’s food, yet 35% of J don’t want NJ tourism increase

Eating Japanese food is the most commonly stated reason for visiting Japan among overseas tourists, according to a recent survey. Within character have the Yomiuri talk less about the deterrents to entry (fingerprinting and treatment like criminals and terrorists) and accentuate the positives (food, natch). Update indicates that Japan is the 30th most popular nation to travel to, although it’s 8.3 million tourists nationwide in 2007 is even less than New York City’s tourism alone. No wonder–35% of the public surveyed in 2003 don’t want tourists due to fears of foreign crime.

Speech at Waseda Jan 22, 5PM, on Japan’s Immigration and Human Rights Record

WASEDA UNIVERSITY DOCTORAL STUDENT NETWORK PRESENTS A SYMPOSIUM:
“Implications of Japanese domestic human rights record (for foreign residents or Japanese) on Asian Integration”
JANUARY 22, 2008 5PM-7PM,
FEATURED SPEAKERS: Kawakami Sonoko, Amnesty International, Katsuma Yasushi, Associate Professor, Waseda University, and Arudou Debito.

Christian Science Monitor: “Japanese youth help compatriots embrace diversity”

Christian Science Monitor: “Certainly, the self-image of a homogeneous society remains strong. But some say that perception is incorrect. The official count of registered foreign residents is 2 percent of the nation’s total population of 128 million; but that represents an increase of 47 percent in the past 10 years and excludes many non-Japanese residents. While Japan has witnessed more international marriages – 21,000 children are born to these couples every year – its census figures do not show ethnicity. Moreover, the number of registered foreigners does not include naturalized citizens, indigenous people, or those who overstay their visas, argues Debito Arudou, a US-born social activist who became a naturalized Japanese citizen in 2000.”

Economist Leader makes the case why immigration is a good thing

Economist (London) on Immigration: “Above all, perspective is needed. The vast population movements of the past four decades have not brought the social strife the scaremongers predicted. On the contrary, they have offered a better life for millions of migrants and enriched the receiving countries both culturally and materially. But to preserve these great benefits in the future, politicians need the courage not only to speak up against the populist tide in favour of the gains immigration can bring, but also to deal honestly with the problems it can sometimes cause.”

Gregory Hadley on “Field of Spears”, re US POWs in Japan during WWII

Gregory Hadley in the Japan Times: “I became fascinated by that legendary B-29 [which crashed in Niigata during WWII]. Had it existed? If so, where had it come down? And what had happened to the crew? Fifty years had passed. Given the taboo of Japan not liking to talk about those dark days, would it be possible for me, a foreigner, to learn anything?” So began a three-year quest — a search that took him into small Japanese farming communities, dusty archives and mid-American townships, and to meet what he describes as “the quite exceptional members” of a POW support group in Japan…

Holiday Tangent: SAYUKI, Japan’s first certified NJ Geisha, debuts

For the first time in the 400 year history of the geisha, a Westerner has been accepted, and on December 19, will formally debut under the name Sayuki.

Sayuki is specialized in social anthropology, a subject which requires anthropologists to actually experience the subject they are studying by participating in the society themselves.

Sayuki has been doing anthropological fieldwork in Asakusa – one of the oldest of Tokyo’s six remaining geisha districts – for the past year, living in a geisha house (okiya), and participating in banquets as a trainee. She has been training in several arts, and will specialize in yokobue (Japanese flute)…

Yomiuri: GOJ to forbid employers from confiscating NJ passports

After much trouble with employers confiscating NJ worker passports (held as a Sword of Damocles to abuse workers), the GOJ is finally making it expressly illegal. About time–the passport is the property of the issuing government, and not something a foreign government (or another person) can impound indefinitely. The fact that it’s been used as a weapon to keep the foreign laborer in line for so long speaks volumes about the GOJ’s will to protect the imported laborer’s rights after he or she got here. Glad this is finally coming on the books. Now let’s hope it gets enforced.

Sasebo Gym Shooting: Some media speculates that a NJ did it

The media this time was very good about the recent shootings in Sasebo, Kyushu, where a tall perp entered a gym and shot several people. But some media were quick to speculate that a gaijin or a black person dunnit, based upon how tall the perp was (and the fact that Sasebo has a US military base)–with information about an alleged stalking and a personality profile from a Sophia U prof that he was being influenced all the recent shootings in the USA! Don’t hold your breath for any retractions. The Mainichi certainly hasn’t in its follow-up reporting…

MG International ballet school in Tokyo Azabu refuses Pakistani child–with responses from school & people who were refused

Hi Blog. Report from Ms Amira Rahman, the wife of a foreign diplomat, Mr Rahman Hamid, Commerce Section, Embassy of Pakistan in Tokyo, who received a terrible shock when trying to enroll their 3-year-old daughter in a Tokyo ballet school. Letter of protest from the Pakistani Embassy (click on image to expand in browser): Report …

UN Universal Declaration of Human Rights 60th Anniversary Dec 10, 2007

The freedoms upheld in the historic United Nations Universal Declaration of Human Rights must be enjoyed by everyone, Secretary-General Ban Ki-moon said Dec 10, 2007 on the occasion of Human Rights Day… The UN’s independent rights experts marked the Day with a call for the elimination of the twin scourges of discrimination and exclusion. “Discrimination continues to distort the economic, social and political contours of societies,” the UN special procedures mandate holders – ranging from rapporteurs and experts to working groups – said in a joint statement. “Individuals and communities face discrimination and exclusion on the basis of their race, ethnicity, religion, language, sex or sexual orientation amongst many other grounds.” The group emphasized that if left unchecked, the consequences of discrimination and exclusion “can begin to create fault lines within society between those who have full rights, justice and dignity respected, and those who do not.”