Japan Times JUST BE CAUSE Column 68 Oct 1 2013: “Triumph of Tokyo Olympic bid sends wrong signal to Japan’s resurgent right”

Blame news cycles, but I’m coming in late to the discussion on Tokyo’s successful bid for the 2020 Olympics. Sorry. The most poignant stuff has already been said, but I would add these thoughts.

Probably unsurprisingly, I was not a supporter of Tokyo’s candidacy. Part of it is because I have a hard time enjoying events where individuals are reduced to national representatives, saddled with the pressure to prove an apparent geopolitical superiority through gold medal tallies. Guess I’m just grouchy about international sports.

That said, this time around, the wheeling and dealing at the International Olympic Committee has been particularly distasteful. Unlike the IOC, I can’t forget Tokyo Gov. Naoki Inose’s denigration of fellow candidate city Istanbul for being “Islamic” (conveniently playing on widespread Western fears of a religion and linking it to social instability). This was especially ironic given rising xenophobia in Japan, where attendees at right-wing rallies have even called for the killing of ethnic Koreans who have lived in and contributed to Japan for generations.

Nor can I pretend to ignore the risk of exposing people to an ongoing nuclear catastrophe in Fukushima. Even if you think the science is still unclear on the health effects of radiation in Tohoku, what’s not in doubt is that there will be incredible amounts of pork sunk into white-elephant projects in Japan’s metropole while thousands of people still languish in northern Japan, homeless and dispossessed. When so much work is incomplete elsewhere, this is neither the time nor place for bread and circuses.

All of this has been said elsewhere, and more eloquently. But for JBC, the most important reason why the Olympics should not come to Japan is because, as I have argued before, Japan as a government or society is not mature enough to handle huge international events…

Zakzak: Counterdemos against hate speech in Japan, now supported by Olympic fever

Here’s some good news. Finding a silver lining in Japan’s successful Olympics 2020 bid, here’s Zakzak reporting that Olympic fever has seized the groups protesting against the anti-Korean demonstrations happening in Tokyo: They are blocking demonstrations and not wanting them to spoil Tokyo’s Olympics. Well, very good. Should think that as the time draws nearer the xenophobic elements within Japan’s ruling elites will be leaning on the rabid Rightists as well. But it’s nice to see the Grassroots doing it for themselves. May it become a habit.

Is Japan ready for Olympics? Kyodo: Hokkaido bathhouse refuses entry to Maori visiting scholar due to traditional tattoos

Kyodo: A public bath facility in Eniwa, Hokkaido, refused entry to a Maori woman from New Zealand due to her face tattoos, a facility official said Thursday. The Maori language lecturer, 60, has the tattoos, called ta moko, worn traditionally by some indigenous New Zealanders, on her lips and chin. She was in Hokkaido for a conference on indigenous languages in the town of Biratori in the northernmost prefecture. On Sunday afternoon a group of 10 people involved in the conference visited the thermal baths but were refused entry by a facility staff member.

Oh the ironies of the above happening: a) it’s in Hokkaido, site of the famous Otaru Onsens Case (where people were refused entry just for being foreign; well, okay, just looking foreign), b) it’s in Hokkaido, site of the indigenous Ainu (whose conference in Biratori this indigenous Maori lecturer was attending), and c) it’s a traditional face tattoo, which the Ainu themselves used to have before the GOJ outlawed them.

But wait, there’s more irony. Check this out: Mainichi: Gov’t aims to complete national Ainu museum for 2020 Olympics: “The project aims to end discrimination against Ainu people in Japan and create a society where people of different ethnicities can live together in harmony.”…

Japan Times JUST BE CAUSE Column 67 Sept 10 2013 “If you’re jozu and you know it, hold your ground”

(Debito.org Readers please note: Debito.org is technically still on break, and I will be slow once again to approve comments. Please be patient. Thanks.)

It’s been a long, hot summer, so time for a lighter topic for JBC:

A non-Japanese (NJ) friend in Tokyo recently had an interesting experience while out drinking with coworkers. (For the record – and I only say this because how you look profoundly affects how you are treated in Japan – he is a youngish Caucasian-looking male.)

His Japanese literacy is high (which is why he was hired in the first place), but his speaking ability, thanks to watching anime in America from childhood, is even higher — so high, in fact, that his colleagues asked him whether he is part-Japanese!

That kinda harshed his buzz. He wondered how he should respond. Should he abide by Japanese manners and deferentially deny his jouzu-ness? Or accept the praise with a “thank you” and a smile?

I commented that he should not only say thank you and accept the accolades, but also claim the part-Japaneseness. Yes, lie about it.

Why? Because this simple-looking interaction involves several issues, such as social hierarchy, bad science and privacy. And if not handled well, this episode could end up eroding his standing within this group…

The Real News: “Japan Grapples with the Rise of Hate Groups” (video)

Interesting report: Eleven minutes of video on the Zaitokukai, the Rise of Hate Groups in Japan, and the tensions between Right, Left, and “Foreign” in Japan’s public debates. Very much worth a viewing. Courtesy of The Real News Network (theRealNews.com).

Published on Sep 8, 2013
Tensions in East Asia are putting stress on Japanese society as rightwing activists begin to target resident Koreans. This has led to some politicians calling for legislative action against “hate speech” http://www.youtube.com/watch?v=MgvfMHYYv2E

Summer Tangent: Korea Times on racial discrimination in South Korea: Striking parallels with Japan

I’m about to vacation the blog for a few weeks for the summer, but before I do, here’s some food for thought about the debate on discrimination in this part of the world. Contrast the Korea Times article below about racial discrimination in South Korea with any article about racial discrimination in Japan. I see striking parallels, especially given my experience as a naturalized Caucasian Japanese myself. The debate in South Korea seems to be falling into similar mental traps and policy-level blind spots.

KT: In a report submitted to the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) in 2003, the Korean government explained that the “homogeneity of the Korean people and the relative lack of multiethnic experiences have been conducive to prejudice against foreign cultures and people.”

But Hyung-il Pai, a professor of Korean history at the University of California, argues in her book, “Constructing ‘Korean’ Origins,” that the idea of a pure Korean race is a myth constructed by Japanese colonial scholars and Korean nationalists. The archaeological record actually shows that Korea’s historical development reflected diverse influences from throughout Northeast Asia.

Nonetheless, “Race as the basic unit of analysis in Korean history was the pedestal on which the nation was built. Race or blood was considered the most critical factor in Korean identity formation,” she explained about modern Korean attitudes on history.

Japan’s “hate speech” debate proceeds apace, but not sinking in, according to university survey cited in Mainichi

After the now-famous incidents (fortunately) earlier this year of the “Kill All Koreans” march in Tokyo and the “Tsuruhashi Korean massacre” speech in Osaka, hate speech has become a topic for discussion in Japan’s media. Here are some examples (click on image to expand in browser): Good. Have the debate, good, bad, and ugly. That said, it doesn’t seem to be making much of an impact, according to the Mainichi:

Mainichi: In the wake of public demonstrations in places including Tokyo and Osaka displaying hate speech towards Zainichi Koreans, about 1000 students in Osaka area universities were surveyed for their awareness of the problem. It was revealed that more than 60% did not know about the hate speech. Touyou University Department of Sociology’s Izawa Yasuki, who carried out this survey, analyzed the results as follows: “It could be said that many young people have no idea how they should take in the problems of Asia, because they were not given the materials to discern these things during their primary and secondary education,” noting the significant number of people who did not answer the survey at all.

COMMENT: Although surveys like these are generally easy to poke holes in methodologically (I skipped translating the last paragraph because, for example, the sample size was too small), I think that we can still broach a conversation here about how hate speech (even examples of it advocating murder and massacre) should be registering more of a shock within “peaceful Japan” than it apparently is. Of course, we can say that college students as a survey sample are more interested in playing video games, drinking and getting laid than soaking in the news. But when something is REALLY shocking in Japan, there’s enough carpet-bombing media debate on it that it certainly appeared in my college classrooms, and I doubt that has happened in this case. What do others think?

Japan Times JUST BE CAUSE Col 66: “Ol’ blue eyes isn’t back: Tsurunen’s tale offers lessons in microcosm for DPJ”, Aug 5, 2013

Japan Times: Spare a thought for Marutei Tsurunen, Japan’s first European-born naturalized immigrant parliamentarian. He was voted out in last month’s House of Councilors election.

You might think I’d call it tragic. No. It was a comeuppance.

It needn’t have turned out this way. Squeaking into a seat by default in 2001, Tsurunen was later reelected in 2007 with a reaffirming mandate of 242,740 proportional representation votes, sixth in his party. Last month, however, he lost badly, coming in 12th with only 82,858.

For a man who could have demonstrated what immigrants (particularly our visible minorities) can do in Japan, it was an ignominious exit — so unremarkable that the Asahi Shimbun didn’t even report it among 63 “noteworthy” campaigns.

However, Tsurunen offers lessons in microcosm for his Democratic Party of Japan (DPJ), and on why Japan’s left wing was so spectacularly trounced in the last two elections…

Latest addition to Rogues’ Gallery of Exclusionary Establishments: “Japanese Speaker Only” Okinawa Moromisato Karaoke Maimu

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

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

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

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

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

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

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

Japan Times: Politicians silent on curbing hate speech, and post-election I see no pressure to do so

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

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

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

Japan Focus: “Japan’s Democracy at Risk: LDP’s 10 Most Dangerous Proposals for Constitutional Change” by Lawrence Repeta (UPDATED with Aso’s Nazi admiration gaffe)

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

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

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

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

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

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

2013 Election Special: The rout of Japan’s Left is complete with a crushing LDP Upper House Victory

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

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

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

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

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

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

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

Anti-Korean Upper House candidate Suzuki Nobuyuki wants Japan closed to immigrants and rearmed with nukes (CORRECTED)

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

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

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

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

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

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

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

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

FGU on how Japan’s employers are circumventing new contract law protections: poison pills in contracts

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

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

KAJ and Debito.org on foreign crime and racial profiling in Japan: statistical hocus-pocus

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

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

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

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

Ueda Hideaki, GOJ rep at UN Committee Against Torture, repeatedly tells people to “shut up” for audibly laughing at Japan’s human rights record

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

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

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

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

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

Tangent: Julian Ryall on how Japanese employees educated abroad are denied opportunities by Japanese companies

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

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

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

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

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

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

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

Japan Times JUST BE CAUSE Column 63, May 14, 2013: “Police, media must consider plight of those caught in linguistic dragnet”

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

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

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

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

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

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

eBook GUIDEBOOK for RELOCATION and ASSIMILATION to JAPAN now on sale, US $19.99 or local currency equivalent

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

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

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

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

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

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

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

JDP: Abe criticizes rise of hate speech in Japan, calls it “dishonorable” and counter to “The Japanese Way of thinking”. My, how disingenuous.

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

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

Comments have also come from the top.

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

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

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

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

Tangent on Sexual Minorities: Gay marriage trends worldwide, and how Japan’s Douseiaisha do it: Donald Keene’s marriage by Koseki adoption

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

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

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

NYT Editorial: Japan’s “Unnecessary Nationalism”, re the trappings of GOJ’s rightward swing

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

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

Japan Times: “Student seeking Kyoto flat told: No foreigners allowed”, and how NJ tie themselves in mental knots

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

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

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

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

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

New book: “Human Trafficking Around the World: Hidden in Plain Sight” by Hepburn & Simon (Columbia UP, 2013). Includes Japan.

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

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

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

TV Tokyo bangumi: “Why did you come to Japan?” interviews NJ arrivals at Narita, reifies mainstream media discourse of NJ as tourists, not residents

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

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

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

Now on Amazon Kindle and Barnes&Noble NOOK: Debito’s eBook novel “IN APPROPRIATE”, on child abductions after divorce in Japan: $9.99

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

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

New eBook: “JAPANESE ONLY: The Otaru Onsens Case”, 10th Anniv Edition with new Intro and Postscript, now on Amazon Kindle and B&N Nook $9.99

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

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

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

JT: Japan’s minimum retirement age to increase to 65 by 2025

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

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

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

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

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

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

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

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

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

JT on “Kyakkan Setsu vs. Nibun Setsu”: Grey zones in compensation for “work hours” in Japan

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

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

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

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

JT/Kyodo: Record high applicants for J refugee status. Why media fixation on refugees? Because they are a bellwether of Japan’s “legitimacy as a competent, advanced, Western democracy”

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

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

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

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

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

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

Here are a couple of interesting cases that have fallen through the cracks recently, what with all the higher-level geopolitical flurry and consequent hate speech garnering so much attention. With not much to link them thematically except that these are complaints made into public disputes, let me combine them into one blog post and let them stand for themselves as bellwethers of the times.

First up, we have a criminal complaint filed with the police for classroom bullying resulting in serious injury due to his Pakistani ethnicity. This is one of a long line of cases of ethnic bullying in Japan, once again with insufficient intervention by authorities, and we’re lucky this time it hasn’t resulted yet in PTSD or a suicide. Like it has in these cases here with an ethnic Chinese schoolgirl, with an Indian student in 2007, or a Filipina-Japanese student in 2010 (in the last case NHK neglected to mention ethnicity as an issue). Of course, even here the Mainichi declines to give the name of the school involved. Whatever happened to perennial promises of a “major bullying study” at the ministerial level a couple of years ago to prevent things like this? Or of grassroots NGO actions way back when?

Next, here’s an article about a victim fighting back. We have a thirty-something city councilor (in another unnamed local government in Hyougo-Ken) who proposed (in writing) to a woman (now 28, who accepted), then broke it off as soon as he heard that she was a Japanese citizen with a Zainichi Korean grandfather (horrors — how that might damage his political career!, he said). So in October of last year (appearing in an article dated January 28, 2013), she sued him for 2.4 million yen. Stay tuned. Interesting to see if the outcome will indicate how, once again, naturalization still doesn’t make a former NJ a “real Japanese” in elite society’s eyes:

And finally, courtesy of japanCRUSH last January, we have this interesting titbit: “Japanese defense minister Onodera Itsunori is the latest politician to enter the fray by calling former prime minister Hatoyama Yukio a ‘traitor’ on a television programme. Onodera’s remark came after Hatoyama commented to Chinese officials that the Senkaku Islands should be recognised as disputed territory, rather than Japanese territory, during his trip to China. Interestingly, Hatoyama caused further controversy this week when he apologised for the Nanjing massacre.”

So this is what it’s coming to. Dissent from prominent Japanese (who, in Hatoyama’s case, are no longer even political representatives) who act on their conscience, deviate from the saber-rattling party line, and show any efforts at reconciliation in this era of regional brinkmanship get decried as “traitors”. Doesn’t seem like there is much space for tolerance of moderate or diverse views (or people) anymore.

For the record: Correction to Asia Times article on cyberbullying in Japan that mentions Debito and Debito.org by name

An article came out yesterday in the Asia Times that necessitates a clarification/correction by Debito.org.

Japan’s cyber-bullies fight comments war
By Christopher Johnson
Asia Times, March 15, 2013
http://www.atimes.com/atimes/Japan/JAP-01-150313.html

For the record, this section:

Nicolson has found the time and energy to lead a group of cyber-bullies who hounded US-born rights activist, author and Japan Times columnist Debito Arudou out of Japan.

is not true. I am in Hawaii for research purposes, working on my PhD. Activities in cyberspace are unconnected to my overseas hiatus.

My latest academic paper on Asia-Pacific Journal: Japan Focus: “Japan’s Rightward Swing and the Tottori Prefecture Human Rights Ordinance”

The Asia-Pacific Journal, Vol. 11, Issue 9, No. 3, March 4, 2013.
Japan’s Rightward Swing and the Tottori Prefecture Human Rights Ordinance
日本の右傾化と鳥取県人権条例
By Arudou Debito
ABSTRACT
Japan’s swing to the right in the December 2012 Lower House election placed three-quarters of the seats in the hands of conservative parties. The result should come as no surprise. This political movement not only capitalized on a putative external threat generated by recent international territorial disputes (with China/Taiwan over the Senkaku/Diaoyu islands and with South Korea over Takeshima/Dokdo islands). It also rode a xenophobic wave during the 2000s, strengthened by fringe opposition to reformers seeking to give non-Japanese more rights in Japanese politics and society.

This article traces the arc of that xenophobic trajectory by focusing on three significant events: The defeat in the mid-2000s of a national “Protection of Human Rights” bill (jinken yōgo hōan); Tottori Prefecture’s Human Rights Ordinance of 2005 that was passed on a local level and then rescinded; and the resounding defeat of proponents of local suffrage for non-citizens (gaikokujin sanseiken) between 2009-11. The article concludes that these developments have perpetuated the unconstitutional status quo of a nation with no laws against racial discrimination in Japan.

Prof. Kashiwazaki Chikako: Japan’s Nationality Law and immigration policy deviates from current international legal norm

Over the years I have gotten from many corners (particularly from people who have not researched things too deeply) how “jus sanguinis” (law of blood) requirements for Japanese citizenship are not all that far from the international norm, and how Japan’s Nationality Law (which requires blood ties to a Japanese citizen for conferral of Japanese nationality) is but one example of many in the community of nations that confer nationality/citizenship by blood.

Well, I knew both from experience and in my gut that there was something wrong with that. I felt that Japan’s method of conferring nationality/citizenship was quite specially exclusive (for example, we’ve had half a million Zainichi former citizens of Empire excluded from full “Denizenship” (see below) in Japanese society for three Postwar generations now, and only a tiny number of people becoming naturalized Japanese citizens every year). This exclusion (which every nation does when deciding national membership, but…) has been done in ways unbecoming of a country with the reputation of being a legitimate, competent, advanced Western democracy — one Japan has had since its emergence as a “rich society” in the 1980s — and thus expected to take on a greater role in international cooperation (such as acceptance of refugees) by accepting international legal norms (such as signing and enforcing international treaties).

Now I’ve found something in writing from someone who HAS researched things deeply, Prof. Kashiwazaki Chikako at Keio, and she too finds that Japan’s policies towards the outside world are outside the international norm. Excerpts from one of her writings follows:

Conclusion: It has never been policy in Japan, despite all the promises we heard in the “Kokusaika” 1980s about “getting in, making the effort to work hard in Japanese companies, learning the language and culture, and ultimately becoming Japanese like everyone else”, to let immigrants stay or make it easier for them to stay. So it’s not going to happen (no matter what recent flawed GOJ Cabinet opinion polls claim about the public’s “no longer rejecting” NJ), because of official government policy not to let people settle, and because policymakers don’t trust foreigners to ever be “Japanese”…

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

JT JBC: Last November, a reader in Hokkaido named Stephanie sent me an article read in Japan’s elementary schools. Featured in a sixth-grader magazine called Chagurin (from “child agricultural green”) dated December 2012, it was titled “Children of America, the Poverty Superpower” (Hinkon Taikoku Amerika no Kodomotachi), offering a sprawling review of America’s social problems.

Its seven pages in tabloid format (see debito.org/?p=10806) led with headlines such as: “Is it true that there are more and more people without homes?” “Is it true that if you get sick you can’t go to hospital?” and “Is it true that the poorer an area you’re in, the fatter the children are?”

Answers described how 1 out of 7 Americans live below the poverty line, how evicted homeless people live in tent cities found “in any town park,” how poverty correlates with child obesity due to cheap junk food, how bankruptcies are widespread due to the world’s highest medical costs (e.g., one tooth filling costs ¥150,000), how education is undermined by “the evils (heigai) of evaluating teachers only by test scores,” and so on.

For greater impact, included were photos of a tent city, a fat lady — even a kid with rotten-looking picket-fence teeth. These images served to buttress spiraling daisy chains of logic: “As your teeth get worse, your bite becomes bad, your body condition gets worse and your school studies suffer. After that, you can’t pass a job interview and you become stuck in poverty.”

The article’s concluding question: “What can we do so we don’t become like America?”…

Letters from J human rights groups to the visiting Olympic Committee re Tokyo 2020: Discrimination in Japan violates IOC Charter

The International Olympic Committee is currently in Japan considering Tokyo as a venue for the 2020 Summer Games. In light of recent events that point to clear examples of discrimination and advocacy of violence towards, for example, Koreans (see below), human rights groups in Japan are advocating that the IOC understand that these actions violate the Olympic Charter and choose their venue accordingly. Articles, photos, and letters follow from the Japan Federation of Bar Associations (Nichibenren), Tanaka Hiroshi in the Mainichi Shinbun, and sources demonstrating that, for example, all GOJ educational subsidies for Korean ethnic schools have been eliminated as of 2013 from government budgets.

Academic Tessa Morris-Suzuki might agree with the assessment of rising discrimination, as she documents on academic website Japan Focus the protection of xenophobic Rightists and the police harassment of their liberal opponents. Her conclusion: “But there is no rule of law if the instigators of violence are left to peddle hatred with impunity, while those who pursue historical justice and responsibility are subject to police harassment. There is no respect for human rights where those in power use cyber bullying in an attempt to silence their opponents. And democracy is left impoverished when freedom of hate speech is protected more zealously than freedom of reasoned political debate.” Have a look.

SITYS. This is yet but another example of Japan’s clear and dangerous swing to the Right under PM Abe. And granting an Olympics to this regime despite all of this merely legitimize these tendencies, demonstrating that Japan will be held to a different standard regarding discrimination. Wake up, IOC.

Amazing new Cabinet survey finds “81% welcome ‘foreigners’ of Japanese descent”. Festival of cognitive dissonance!

Kyodo: More than 80 percent of respondents in a new poll said they are open to foreign nationals of Japanese descent living in the nation, the Cabinet Office reported. The office’s first survey of its kind, released Thursday, found 80.9 percent of respondents expressed openness to living alongside those with Japanese ancestry, including Brazilian and Peruvian descendents of Japanese immigrants. Only 12.9 percent opposed the idea.

JDG: “It’s a brilliantly pointless piece of reporting, for the sake of massaging the egos of the Japanese readers, and assuring them that Japan is a ‘modern’ country… J-public are finally willing to accept foreigners… as long as they are ‘Japanese’ foreigners… I feel like I have gone back in time 5 years. The same politicians are back, the same old economic policies are back, and now Japan wants all those Nikkeijin they paid to go home, to come back too?”

RM: Hopefully government officials will use this survey to promote further initiatives to empower the Nikkei (and hopefully other non-Japanese) in Japan. Publicly conducting the survey, posting it on the Cabinet Office website, and releasing it to the press, may indicate that the government is testing public support for such initiatives.

DEBITO: Bingo! As has been noted before on Debito.org, the Cabinet, in its sessions last summer on how to “accept” NJ into Japanese society for future economic vitality, only showed interest in the treatment of Nikkei. Nikkei, you see, are somehow part of “us” (due to Wajin blood conceits), and it looks like Japan’s policymakers are going to give the old failed Nikkei worker importation strategy another try, and cite this “shooting fish in a barrel” survey to support it.

Anyway, if the Cabinet is so keen on taking surveys, how about its perpetually embarrassing (and, as I’ve reported in the Japan Times, very flawed) Cabinet Survey on Human Rights that it conducts every four years? I just found the 2012 version, a year late, made public with significantly less fanfare. Perhaps because the results in the past were far more revealing about Japan’s cognitive dissonance regarding human rights, meaning a large proportion don’t support granting equal human rights to foreign humans! You see, human rights for NJ, by the very nature of having to ask this kind of question, are optional in Japan. Less so, it would seem based upon this new Cabinet survey, for the “foreigners” with the right bloodline. Which is the conceit that this new Cabinet survey is pandering to.

Ultimately, I believe the GOJ will once again fall into the same old shortsightedness (like so many other societies) of wanting “workers” only to discover later they brought in “people”. And then, as before, society will seek to denigrate if not get rid of them as soon as they actually have needs (such as health care to provide, children to educate, lifestyles that reflect their backgrounds, retirement pensions to pay, political power to cede) that run counter to the original national plans…

Wash Post: US teacher in Japan under attack from Internet bullies for lessons on Japan’s history of racial discrimination

Wash Post: Miki Dezaki, who first arrived in Japan on a teacher exchange program in 2007, wanted to learn about the nation that his parents had once called home. He taught English, explored the country and affectionately chronicled his cross-cultural adventures on social media, most recently on YouTube, where he gained a small following for videos like “Hitchhiking Okinawa” and the truly cringe-worthy “What Americans think of Japan.” One of them, on the experience of being gay in Japan, attracted 75,000 views and dozens of thoughtful comments.

Dezaki didn’t think the reaction to his latest video was going to be any different, but he was wrong. “If I should have anticipated something, I should have anticipated the netouyu,” [sic] he told me, referring to the informal army of young, hyper-nationalist Japanese Web users who tend to descend on any article — or person — they perceive as critical of Japan. But before the netouyu put Dezaki in their crosshairs, sending him death threats and hounding his employers, previous employers and even the local politicians who oversee his employers, there was just a teacher and his students…

COMMENT: Miki Dezaki contacted me last week for some advice about how to deal with this (I watched the abovementioned video on “Racism in Japan” and found it to be a valuable teaching aid, especially since it reconnected me with “Eye of the Storm”, the original of which I saw in grade school four decades ago); the only major problem I have with it is that it neglects to mention current stripes of racism against immigrants and Visible Minorities in Japan), and told him to stand his ground. Now the “Netouyo” (Netto Uyoku, or Internet Right-Wing, misspelled throughout the article above) have stepped up their pressure and attacks on him, and authorities aren’t being courageous enough to stand up to them. Now that his issue has been published in the Washington Post, I can quote this article and let that represent the debate.

The focus of the debate is this: a perpetual weak spot regarding bullying in Japanese society. We have loud invisible complainants cloaked by the Internet, who can espouse hateful sentiments against people and shout down historical and current social problems, and they aren’t simply ignored and seen as the cowards they are: anonymous bullies who lack the strength of their convictions to appear in public and take responsibility for their comments and death threats. People in authority must learn to ignore them, for these gnats only get further emboldened by any attention and success they receive. The implicit irony in all of this is that they take advantage of the right to “freedom of speech” to try and deny the same rights to those they merely disagree with. I hope that sense prevails and the debate is allowed to proceed and videos stay up. Miki has done admirable work making all this information (including translations into Japanese) on uncomfortable truths accessible to a Japanese audience. Bravo, Miki. Stand your ground. Debito.org Readers, please lend your support.

Donald Richie passes away at age 88. Saluting one of our pioneering Japanologist brethren

The era of the pioneering Immediate Postwar hands-on Japanologists is truly and inevitably coming to an end. First Edwin Reischauer (long ago in 1990; I managed to meet him and host a talk by him and his wife Haru at UCSD in 1989), then Edward Seidensticker (2007), now Donald Richie (for whom Debito.org has had praise for in the past for his healthy attitude of “swallowing Japan whole”; I met him about ten years ago and had a very good conversation; he also kindly lavished praise on HANDBOOK). Of the very famous ones, Donald Keene is basically the last one standing. And I don’t think I will be able to eulogize that Donald in the same way.

The 25-year “Special Reconstruction Tax” of Jan 1, 2013 — yet another GOJ leech on the Japan workers’ payroll?

Japan Times payroll: “Thank you very much for contributing your articles to The Japan Times.
We would like to inform you that the special reconstruction income tax, introduced by the government to secure financial resources for reconstruction after the Great East Japan Earthquake of March 2011, took effect on January 1, 2013. This tax is imposed on individuals and corporations – both Japanese and foreign – at a rate of 2.1 percent over a 25-year period through 2037.”

Debito: Have other Debito.org also received word of yet another tax on income to go towards “reconstruction”? We’ve already seen where money earmarked for “disaster relief” has been going — to fund corrupt bureaucratic practices within the GOJ (e.g., “road building in distant Okinawa; prison vocational training in other parts of Japan; subsidies for a contact lens factory in central Japan; renovations of government offices in Tokyo; aircraft and fighter pilot training, research and production of rare earths minerals, a semiconductor research project and even funding to support whaling”). I’ve also heard of pay cut after pay cut in the academic communities for “reconstruction”, with little to no accountability over the funds afterwards (one case I’ve heard of is where the gakuchou of a major national university has been sequestering monies into an account to earn interest for his own purposes). So what say you, Debito.org Readers? Are you also seeing more skimming, both GOJ and non-GOJ related, from your paychecks for “reconstruction”? Just how bad do things have to get before people say “enough”?

Quoted in Die Zeit newspaper: “Japan: Old and Xenophobic” (German with machine translation)

Sometimes I wish the Star Trek Universal Translators were already here. But we’re getting closer. Here’s a Google Translate version of an article that came out in Die Zeit newspaper a couple of months ago that cites me and others about Japan’s political problems with creating an immigration policy. Not a lot here that frequent readers of Debito.org don’t already know, but here’s a German media take on the issue:

DIE ZEIT: For decades, Japan has been in a shaky position. The once-booming industrial nation barely registered economic growth. The national debt – in terms of economic power – is higher than that of Greece.

Even today, every fourth Japanese is over 65 years old . The birth rate is so low that the population will decline by 2050 from 127 million today to below 90 million. Several governments have tried to counter by more kindergartens, child care allowance and the like, but little has borne fruit. In 100 years, there might be only 40 million Japanese.

Now there is a lack of skilled labor, falling tax revenues, and no one knows who is going to pay in the future the growing pension claims. According to calculations by the United Nations, by 2050 only 17 million workers will be found to fund the pensions.

But there is a solution: Immigrants like Ezekiel Ramat. Japan’s foreign population is currently 1.3 percent, extremely low for a highly developed country: Germany has at about 8.5 percent foreigners. In Japan, the number of immigrants in recent years even went down. But strange: no one in politics seems to care about immigration policy. Neither the ruling Democratic Party of Japan (DPJ) nor the main opposition parties mention the subject at all in their campaigns. When asked, all assert that they want to promote more immigration. But they make no specific proposals…

Japan Times JUST BE CAUSE Column 60, Feb 4, 2013: “Keep Abe’s hawks in check or Japan and Asia will suffer”

Japan Times JBC: On Jan. 1, The Japan Times’ lead story was “Summer poll to keep Abe in check.” It made the argument that Prime Minister Shinzo Abe’s Liberal Democratic Party alliance falls short of a majority in the Upper House, so until elections happen this summer he lacks a “full-fledged administration” to carry out a conservative agenda.

I believe this is over-optimistic. The LDP alliance already has 325 seats in Japan’s overwhelmingly powerful Lower House — safely more than the 320 necessary to override Upper House vetoes. Moreover, as Japan’s left was decimated in December’s elections, about three-quarters of the Lower House is in the hands of avowed hard-right conservatives. Thus Abe already has his mandate.

So this column will focus on what Abe, only the second person in postwar Japanese history given another chance at PM, is up to this time…

Although LDP leaders were once reticent about public displays of affection towards Japan’s hard right, Abe has been more unabashed. Within the past six months he has made two visits to controversial Yasukuni Shrine (once just before becoming LDP head, and once, officially, afterwards). Scholar Gavan McCormack unreservedly calls Abe “the most radical of all Japanese post-1945 leaders.”

Now Abe and his minions are back in power with possibly the most right-wing Cabinet in history. Academic journal Japan Focus last week published a translation of an NGO report (japanfocus.org/events/view/170) outlining the ultraconservative interest groups that Abe’s 19 Cabinet members participate in. Three-quarters are members of groups favoring the political re-enfranchisement of “Shinto values” and Yasukuni visits, two-thirds are in groups for remilitarizing Japan and denying wartime atrocities, and half are in groups seeking sanitation of school textbooks, adoption of a new “unimposed” Constitution, and protection of Japan from modernizing reforms (such as separate surnames for married couples) and outside influences (such as local suffrage for foreign permanent residents)…

The current Abe administration is in pole position to drive Japan back to a xenophobic, ultra-rightist, militaristic Japan that we thought the world had seen the last of after two world wars. Abe can (and will, if left to his own devices) undo all the liberal reforms that postwar social engineers thought would forever overwrite the imperialist elements of Japanese society. In fact, it is now clear that Japan’s conservative elite were just biding their time all along, waiting for their rehabilitation. It has come.

BBC on Japan’s remilitarization: Island disputes justifying quiet buildup in Japan’s aircraft carriers, xenophobia in J youth

In one of the most haunting news dispatches I’ve seen on Japan, Rupert Wingfield-Hayes of the BBC reported from the field last November in a video I have watched several times just to take in all the points. I’ll paste the accompanying text below, but make sure you watch the video, as Wingfield-Hayes takes us to the Senkakus, before a pre-PM Abe Shinzou talking tough, to otherwise sensible-looking college students spouting in public anti-Chinese vitriol to support a remilitarizing Japan, before an equally vitriolic Ishihara Shintaro calling for Japan to unsheath its sword (who, visibly chuffed by the international attention coming back with a smirk (and a surprising level of English) to make sure the BBC got his point), finishing aboard a brand-spanking new Japanese aircraft carrier, the Hyuuga (one of two others planned), showing an emerging arms race in Japan. Watch it! And shudder as the dogs of war begin straining their leashes.

Book Review: “At Home Abroad” by Adam Komisarof, a survey of assimilation/integration strategies into Japan (interviews include Keene, Richie, Kahl, Pakkun, and Arudou)

“At Home Abroad” is an important, ambitious academic work that offers a survey, both from academics in the field and from people with expertise on living in Japan, of theories on how people can assimilate into foreign culture both on their own terms and through acquisition of local knowledge. Dr. Komisarof, a professor at Reitaku University with a doctorate in public administration from International Christian University in Tokyo, has published extensively in this field before, his previous book being “On the Front Lines of Forging a Global Society: Japanese and American Coworkers in Japan”. However, this book can be read by both the lay reader as well as the academic in order to get some insights on how NJ can integrate and be integrated into Japan.

The book’s goal, according to its Preface, is to “address a pressing question: As the Japanese population dwindles and the number of foreign workers allowed in the country increases to compensate for the existing labor shortage, how can we improve the acceptance of foreign people into Japanese society?” (p. 1) To answer this, Komisarof goes beyond academic theory and devotes two-thirds of the book to fieldwork interviews of eleven people, each with extensive Japan experience and influence, who can offer insights on how Westerners perceive and have been perceived in Japan.

The interviewees are Japan literary scholar Donald Keene, Japan TV comedian Patrick “Pakkun” Harlan, columnist about life in rural Japan Karen Hill Anton, university professor Robin Sakamoto, activist and author Arudou Debito, Japan TV personality Daniel Kahl, corporate managing director of a Tokyo IT company Michael Bondy, Dean of Waseda’s School of International Liberal Studies Paul Snowden, Tokyo University professor and clinical psychologist Stephen Murphy-Shigematsu, politico and business executive Glen Fukushima, Keio University professor Tomoko Yoshida, and Japan scholar Donald Richie…

NYT: Xenophobia in Environmental Ministry re exclusionary Fukushima decontam efforts: “Japanese soil is different”, “NJ assistance might scare local grandmas”

As part of a continuing series of how the Post-Fukushima Debacles have laid bare just how irredeemably broken Japan’s system is (see related articles here (item #2), here, here, here, here, here, here, here, and here), the NYT has just reported the latest on the Fukushima radiation cleanup effort. Within, we can witness a wonderful fusion of corruption, xenophobia, and unaccountable bureaucratic culture that have been symptomatic of why Japan as a society cannot not fix itself. And this time, it’s a wonderful capsule summary of why foreign technology and assistance will lose out to featherbedded domestic interests (the Kensetsu Zoku, who are making a right mess of things). And how there’s no hope of it getting better since the corrupt corporatists who facilitated this system in the first place (LDP under Abe and co.) are back in power as of December with a fresh mandate. A choice excerpt from the NYT, very, very germane to the purview of Debito.org:

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NYT: Japanese officials said adapting overseas technologies presented a particular challenge. “Even if a method works overseas, the soil in Japan is different, for example,” said Hidehiko Nishiyama, deputy director at the environment ministry, who is in charge of the Fukushima cleanup. “And if we have foreigners roaming around Fukushima, they might scare the old grandmas and granddads there.”
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This is an incredibly racist insult to all the NJ who were both there and who went up there to help the victims of the disasters at great time, expense, and risk to their health — without scaring people. I have two articles below the NYT from the WSJ which outline what a horrible little fellow this Nishiyama is, and how he keeps bouncing right back into power despite scandal within Japan’s unaccountable bureaucracy.

After that, I have some links to previous comments on this article. I originally put this up yesterday as an addendum to a previous blog entry, but the comments there (see most of them in context here) are worth archiving here because they express the appropriate amount of outrage. About a system that is, in the end, betraying everyone.

US Senator Daniel Inouye dies, Mazie Hirono Becomes First U.S. Senator Born in Japan; contrast with do-nothing self-gaijinizing Tsurunen

Second in a series of two of prominent passings is American Senator Daniel Inouye, a notable Congressman who held on to his congressional seat longer than even legacy legislator Ted Kennedy. As per the local obit excerpt below, he had a quite glorious career in the military as part of the groundbreaking 442nd (some veterans I’ve even met in Hawai’i), then was a pathbreaker for Asian-Americans as a public servant. But consider how he was able to do this. as least as far back as Franklin Roosevelt (the better part of a century ago), we had the United States at the highest levels of public office attempting to untangle race/national or social origin from nationality.

This is something that Japanese society to this day has never accomplished (Japan’s Nationality Law still requires blood for citizenship, and from that derives the entanglement of race and legal status). Nor is Japan really trying. I speak from personal experience (not to mention court precedent) when I say that civil and political rights in Japan are grounded upon being “Japanese”, and “Japaneseness” is grounded upon phenotype (i.e., “looking Japanese”). This MUST be untangled by Japan if it ever hopes to encourage people to come in and settle down as “New Japanese”, not to mention allow people of mixed heritage to breathe as diverse people. But I neither see it happening soon, nor are progressive steps even being taken towards it (I am in fact arguing that Japan in recent years has been regressing… see here, here and here).

As further proof of the helpfulness of a society with notions of citizenship disentangled from race/national or social origin, we have another Senator from Hawaii who just got elected, Mazie Hirono — and she wasn’t even born in the United States! She was born in Japan.

Now, you might say that, well, Finland-born Caucasian Dietmember Tsurunen Marutei has also been elected to high office in Japan. But Tsurunen has been at his post for more than a decade now, and he’s squandered the opportunity by settling into it like a sinecure — doing just about nothing for the rights of NJ in Japan (such as not even bothering to attend or send a rep to a UN CERD meeting at the Diet on May 18, 2006). In fact, Tsurunen has even gone so far as marginalize and gaijinize himself! If one gives him the benefit of the doubt (I don’t, but if), such are the effects of constant pressure of being socially “Othered” in Japan, despite his legal duty to uphold his constitutional status as a Japanese citizen and an elected official.

In comparison, the hurdles Hirono overcame were significant but not insuperable. Even though she was nowhere near as articulate or politically thoroughbred as her Republican opponent, former Hawai’i Governor Laura Lingle, Hirono still grossed nearly double the votes (261,025 to 155,565) last November 6 to clinch the seat. Further, if the legacy of Inouye is any template, I think Hirono will do more than just settle for being a symbolic sphinx in her role as a legislator. Because she can — in a polity which can elect people for life despite their foreign (or foreign-looking) backgrounds, she has more opportunities in society than Tsurunen ever will — or will make for himself.

My point is, the disentanglement of race/social origin from nationality (i.e., rendering clearly and politically at the highest levels of government) is something that every state must do if it is to survive as a nation-state in future. Given its demographics, especially Japan.

Beate Sirota Gordon, one architect of the Postwar Japanese Constitution, dies at 89, her goals uncompleted if not currently being undone

Let me devote this blog entry to the passing of a historical figure whose importance within Japanese history cannot be overstated. Beate Sirota Gordon, a woman in a committee of men drafting the Japanese Postwar Constitution, wrote articles that remain fundamental to the rights Debito.org has devoted decades to upholding: Article 14, which guarantees that “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.” The other, Article 24, states (excerpt), “Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis. With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes;” this guarantees fundamental human and civil rights to women that weren’t present under the horrible Prewar Ie Seido (which among other things made people into property). A hearty Debito.org salute to Gordon for a life well lived and opportunities to improve Japanese society well taken. NYT obituary enclosed below.

A few Debito.org-esque comments: One is that the NYT’s claim below of “Ms. Gordon was the last living member of the American team that wrote Japan’s postwar Constitution” is probably erroneous. That honor probably belongs to an old teacher of mine when I was at Cornell, Milton J. Esman, who was born in 1918 and is apparently still alive (see his resume page two here). (Wikipedia also notes that Gordon was not the only woman assigned to the group either, as economist Eleanor Hadley was also present.)

Second, reflecting upon Gordon’s life when eulogizing, it is important to note a number of fundamental rights enshrined in the Japanese Constitution that have remained unenforced. One is of course the lack of a law against racial discrimination (which is unconstitutional under Article 14 but not illegal in the Civil or Criminal Code), meaning racial discrimination can be (and is) “practiced undisturbed”, as the UN has noted in the past, in a “deep and profound” manner (despite Japan effecting the UN Convention on Racial Discrimination in 1996; we’re now approaching seventeen years of unkept promises).

The other I will just mention is the clause of “essential equality of the sexes” mentioned above in Article 24. Despite the Equal Employment Opportunities Law of 1986, Japan still maintains an immense gender-wage gap. (ILO data here.) Japan ranks at the very bottom (basically on par with ROK and Malaysia), and although the research notes that comprehensive comparisons cannot be made, the point still remains that women in Japan earn less than half of what men in Japan make for comparative work. Wage differentials may be true in all societies (I know of no society where gender-pay equality is systemwide), but this egregious a gap is unbecoming of a developed country, and shows the lack of good-faith drafting or enforcement of constitutionally-grounded laws in Japanese society.

Finally, we have seen how much trouble the Japanese elite has gone to circumvent and undermine the Postwar “Peace Constitution”. We can start with the translation into Japanese (that Gordon’s group missed despite their fluency) that limited Article 14’s interpretation of constitutional protections for “all of the people” to Japanese citizens only. We can go on to talk about the unconstitutional standing military that is the JSDF and the right of education limited to citizens only in the Fundamental Law of Education. Plenty more, if people wish to point that out in Comments. And now, with the new PM Abe government, we can look forward to proposals for constitutional revisions to restore Japan’s military in name and allow for a remilitarization of Japan.

I wonder what Gordon would say now about Japan’s December 2012 rightward swing. My guess is that she would lament her work remaining unaddressed if not being undone.