Other progress in 2016: Actions against wasabi bombs in sushi for NJ customers, conductor officially chided for apologizing re “many foreign passengers” crowding trains

To start this year (which I am not at all optimistic about), let’s try to talk about two bright sides to 2016. First up, this piece of good news that shows that targeting of foreign passengers (on an airport train, no less) is officially not cool — either from the passengers’ point of view or from the train company’s:

Mainichi: A Nankai Electric Railway Co. conductor was dealt a verbal warning after apologizing to Japanese passengers for crowding on a train heading to Kansai International Airport with a large number of foreigners, it has been learned. […]

“Today there are many foreign passengers aboard and it is very crowded, so we are inconveniencing Japanese passengers,” the conductor was quoted as stating in the announcement. After the train arrived at Kansai-Airport Station, a Japanese woman questioned a station attendant about the announcement, asking whether it was within the bounds of company rules. When questioned by the company, the conductor was quoted as replying, “I heard a male Japanese passenger at Namba Station yelling, ‘All these foreigners are a nuisance,’ so I made the announcement to avert trouble. I had no intention of discriminating.”

Then the Grauniad coupled the above story with another one about “wasabi terrorism”:

Grauniad: The incident follows an accusation by South Korean tourists that a sushi restaurant in Osaka deliberately smeared their orders with eye-watering quantities of wasabi, a pungent condiment that should be used sparingly. The restaurant chain Ichibazushi apologised but denied accusations of racism, saying its chefs had decided to use excessive amounts of wasabi after other foreign diners had previously requested larger dollops for added piquancy.

“Because many of our overseas customers frequently order extra amounts of pickled ginger and wasabi, we gave them more without checking first,” the chain’s management said. “The result was unpleasant for some guests who aren’t fans of wasabi.” It was not clear how many such incidents – labelled “wasabi terrorism” on social media – had occurred, but some disgruntled diners posted photos of sushi containing twice as much wasabi as usual.

COMMENT: The fact that these incidents made news, and (Japanese) social media thought this was worth criticizing is a good thing. Corporations acknowledged and apologized. There is lots to bellyache about when it comes to how NJ are seen and treated in Japan, but when people (especially Japanese people, who are often not all that quick to leap to the defense of NJ, since what happens to NJ does not affect them) stand up against this, this is progress. Credit where credit is due.

Mainichi Editorial: Cultivating ‘Japan fans’ key to attracting repeat foreign visitors. Good luck with that without an anti racial discrimination law

Mainichi: In just 10 months, the number of foreign visitors to Japan has already smashed through the 20 million mark for the year, surpassing the previous annual record of about 19.74 million arrivals set in 2015. [..]. Now the government is shooting for 40 million in 2020, the year of the Tokyo Olympics and Paralympics. The wave of people coming to see Japan is a welcome development on many fronts, especially as our country’s population ages and begins to decline, particularly in the countryside. There are, of course, direct and obvious economic benefits from so many visitors shopping, eating and filling Japan’s hotel rooms. However, the tourism boom has also made companies and regional communities more outward-looking in their thinking, and that’s deeply significant. […] What’s important is to avoid viewing visitors to our shores as mere consumers. The government has declared it wants to see foreign visitors drop 8 trillion yen in Japan in 2020. There’s nothing wrong with setting a numerical target in and of itself, but focusing solely on visitor spending could lead to a nasty trip-up.

Submitter JK: Hi Debito: The GOJ wants foreign visitors spend a couple trillion yen the year the Olympics comes to town, so why not strike while the iron is hot and use this as leverage against xenophobic establishments by calling them out on their behavior (i.e. “there’s this shop down the way that excludes anyone foreign-looking — surely that reflects poorly on Japan and hurts the government’s numbers.”)?

Debito: Agreed. And that’s the big blind spot in this editorial. It talks about the shortcomings of tourism policy focusing only on infrastructure and profit, but neglects to mention the issues of how a police force dedicated to racial profiling (especially at hotels), or how being refused service somewhere just because the proprietor has a “thing” about foreigners (and can get away with it because Japan has no law against racial discrimination), can really ruin a visit. “Cultivating Japan fans” is one way of putting it, “stopping xenophobes” is another. And that should be part of formal GOJ policy as well.

Mainichi: Effect of new anti-hate speech law spreads to executive, judicial branches

This is the second article of three talking about the progress being made under the recent adoption of local laws against hate speech in Japan.

Mainichi: A new law aimed at eliminating hate speech campaigns, which instigate rejection of specific racial or ethnic groups from local communities, came into force on June 3. While the legislation has proven effective in some parts of the country, such as in Kawasaki where the court handed down a provisional injunction banning a hate speech rally in an area home to many Korean residents, there remain challenges that need to be addressed.

On June 5, a hate speech demonstration in Kawasaki was called off after participants were surrounded by hundreds of citizens protesting against the rally and police urged them to discontinue the event. The organizers terminated the rally after demonstrators paraded only about 10 meters down the road, in what was going to be the country’s first such demonstration since the anti-hate speech law came into effect. […] The June 2 provisional injunction issued by the Yokohama District Court’s Kawasaki branch also quoted the same international treaty, as well as the anti-hate speech law that had just been enacted in May. The ruling called hate speech rallies “illegal actions that infringe upon the personal rights for leading a peaceful life” and pointed out that grossly illegal hate speech campaigns, such as repeating loud chants with bullhorns, lie “outside the bounds of freedom of assembly and freedom of expression guaranteed under the Constitution.” […]

Signs of change are also emerging in police responses over the issue. In step with the anti-hate speech law coming into effect, the National Police Agency issued a notice to prefectural police departments across the country asking them to strictly respond to hate speech demonstrations by making full use of existing legislation such as that against defamation and contempt. […] Yasuko Morooka, a lawyer who authored a book titled “Hate Speech towa nanika” (What is hate speech?), hails the anti-hate speech legislation, saying, “The law provides support for courts, local bodies and police in making a decision on their strict responses to hate speech.”

The new law, however, has its own limits. In order to provide relief to victims who suffered damage from hate speech, they still need to prove in detail violations of their personal rights and defamation, just as they needed to before the law came into effect. The June 2 provisional injunction banning a hate speech rally became viable as there existed crystal-clear damage in Kawasaki, where the organizers of the planned rally had repeatedly staged similar demonstrations on about a dozen occasions.

Mainichi: After Osaka hate speech ordinance adopted, daily xenophobic marches decrease, hateful language softened

Debito: When Japan’s first actual law against hate speech was passed in January this year, critics (naturally) decried it as a means to stifle freedom of speech. I took exception to that, saying that it was a step in the right direction, at least. Recent articles in the Mainichi Shinbun seem to bear that out. Here is one of three, talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. Read on:

Mainichi: Mun Gong Hwi, an ethnic Korean, […] says, “In a street demonstration by a hate group in April, there was a moment when one participant started to use blatantly offensive language to attack Koreans, and the organizers hurried to stop them. The number of hate demonstrations has also fallen greatly since around the time of the ordinance taking effect.” […]

The response of police and the government administrations to hate marches has also changed. On June 5, just after the execution of the new law, the Kawasaki Municipal Government refused to give permission for a park to be used for a protest targeting the social welfare corporation “Seikyu-sha,” which gives support to the many ethnic Koreans living in the city’s Sakuramoto district. Additionally, the Kawasaki branch of the Yokohama District Court called the hate speech demonstrations “an illegal violation of human rights” and prohibited them from being held near the Seikyu-sha building. Kanagawa Prefectural Police gave permission for the demonstration to be held in a different street location, but protesters staged a sit-in. The police urged the organizers to call off the demonstration for safety reasons, and it was canceled. […]

The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns. Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.

Overseas online info site Traveloco.jp’s “Japanese Only” rules: “People with foreign-sounding names refused service”

Here we have an online information site called Traveloco.jp, which apparently reserves its services “for Japanese Only living abroad”. This is another permutation of Japanese corporate practices erecting arbitrary firewalls between people due to their nationality, ethnicity, etc., or, in Traveloco.jp’s case, “having a name that does not appear to be Japanese”. I wonder how “Arudou Debito” would fare. And as MT says below, why can’t anyone who can read and write Japanese be allowed service?

MT: I am thinking of suing traveloco.jp site because they closed and banned my account right after I informed them of my name, which to them “does not appear to be Japanese”. Note that there is no explicit mention of this in their official terms of use (enclosed), and I had some interesting ideas for them and some services to share with those Japanese who would be interested in my country or would be coming to [my home country].

I want them to review their policies, so that everyone (regardless of race) who is capable to communicate in Japanese could use the site with no discrimination against them – especially not based on their western-like names (if it is not a “Japanese” name)! My correspondence with them speaks for itself. And these are young entrepreneurs, not just some old folks, but the Y-generation!!! This sentiment and notion of Japaneseness is routed very very deeply even in these young men, who are getting their foot in the door of the start-up world.

One reason why human rights are not taken seriously in Japan: Childish essays like these in the Mainichi.

Mainichi: The new hate speech law is what you might call a “principle law,” as it has no provisions for punishing violators. Furthermore, it only protects “those originally from nations outside this country” who are “living legally in Japan.” As such, it does not outlaw discrimination against Japanese citizens or foreigners applying for refugee status, among other groups. However, the supplementary resolution that accompanied passage of the law states, “It would be a mistake to believe that discrimination against groups not specifically mentioned in the law is forgivable.” I suppose we can say that the Diet essentially stated, “Discrimination is unforgiveable in Japan.” […]

I have read a paper based on research conducted outside Japan that showed that ethnically diverse workplaces produce more creative ideas than those dominated by a single race or nationality. In contrast to working with people who understand one another from the get-go, getting people with wildly varying perspectives and ways of thinking together in one place apparently sparks the easy flow of groundbreaking ideas.

So, talk to someone different than yourself. Even if that’s impossible right away, you will come to understand one another somehow. It’s time to put an end to knee-jerk hatreds, to discrimination and pushing away our fellow human beings. With the new hate speech law, Japan has finally become a country where we can say, “We will not tolerate discrimination.”

COMMENT: While this article is well-intentioned, and says most of the things that ought to be said, the tone is pretty unsophisticated (especially if you read the Japanese version — the English version has been leveled-up somewhat). I have always found it annoying how discussions of human rights in Japan generally drop down to the kindergarten level, where motherly homilies of “we’re all human beings”, “let’s just get along” and “talking to somebody different will solve everything” are so simplistic as to invite scoffing from bigots who simply won’t do that…

Mainichi: LDP new Constitution draft differentiates between ‘big’ and ‘small’ human rights, the latter to be subordinated “in times of emergency”. Yeah, sure.

Mainichi: How puzzling. A question-and-answer booklet that the ruling Liberal Democratic Party (LDP) has created to explain its draft revision of the Constitution claims there are two types of human rights: the big ones and the little ones.

The concept of “big human rights” and “small human rights” appears in the booklet’s section on the LDP draft Constitution’s controversial “state of emergency” provision, which allows for temporary restrictions on human rights and concentration of authority in the Cabinet in the case of an emergency such as an armed attack from external forces, disturbances in social order due to domestic turmoil, or major disasters. Following the massive earthquakes in Kumamoto and its surrounding areas in mid-April, the government and the LDP have ramped up their argument that such a provision is necessary to carry out rescue and recovery efforts as smoothly as possible.

The Q&A booklet states that protecting the lives, bodies and properties of the people is the state’s utmost priority not only in times of peace but also in times of emergency. So far, so good. But it’s what follows that throws me for a loop. “Some are of the opinion that fundamental human rights should not be restricted even in times of emergency,” the booklet reads. “But we believe that it is possible that in order to protect big human rights such as people’s lives, bodies and properties, we could be forced to place restrictions on smaller human rights.”

It’s pretty clear what the LDP means by “big human rights.” But what are the “smaller human rights” that the party refers to? I contacted the LDP Headquarters for the Promotion of Revision to the Constitution. The person who responded, however, simply kept repeating that “it would be helpful if you could read it as it is written.” That was precisely the problem, though. I couldn’t understand what had been written. […]

The LDP’s Q&A booklet notes that the LDP draft Constitution does not deviate from the party’s understanding that fundamental human rights are inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. If that is actually the case, however, the concept of a “big” or “small” human right should not even come up.

NHK: NJ arrested by Saitama Police for “not having passport”, despite being underage and, uh, not actually legally required to carry a passport

NHK: According to police, on the afternoon of March 5, police were contacted that “a suspicious foreigner had come in” from an electronics shop in Kawaguchi City. Police arriving on the scene found a foreign male at a nearby street. The male was a foreigner of Southeastern Asian descent. As he was not carrying his passport, police arrested him on the spot under suspicion of violating the Immigration Control Act. However, after further investigation, police realized that as he was less than 16 years old and under no obligation to carry his passport, so they released him from arrest about six hours later after apologizing.

COMMENT: I’ll say. Yet another instance of police overstepping their authority, and arresting someone due to a panicky shopkeep siccing cops on a youth just because the latter looked “foreign”. Last time we had an arrest like this this wasn’t the case — the person even turned out to be Japanese, but it’s hard to believe that police would necessarily come running and arrest someone just because they were acting “suspiciously”. Because there are laws against that — you have to have adequate suspicion that crime has been committed, or is likely to be committed. It’s the “foreign” thing that became the grounds for arrest. Pity it took six hours out of this kid’s life in police custody (something you don’t want to happen to you — you essentially have few rights as a suspect in Japan).

The real thing that’s hard to swallow is that shopkeeps are panicky precisely BECAUSE the Japanese police are encouraging them to see foreigners as criminals and racially profile. So thanks for the apology, Saitama Police, but how about training your cops better, so Japan’s Visible Minorities (particularly impressionable kids) don’t become targets of arbitrary (and traumatizing) arrests? I shudder to think what this officially-alienated kid thinks about life in Japan now.

Asahi: Justice Ministry issues first-ever hate speech advisory to Sakurai Makoto, ex-leader of xenophobic Zaitokukai group

Let’s keep the good news coming, on the heels of the suspension of the anti-foreigner government online “snitch sites”. Anti-Korean hate group Zaitokukai’s activities have been singled out for official frowning-at for some time now, including being put on the National Police Agency watch list, being publicly berated by the Osaka Mayor, and losing big in court–setting a good anti-defamation precedent recognizing hate speech as an illegal form of racial discrimination.

Now the “former leader” of Zaitokukai, Sakurai Makoto, has been issued Japan’s first ministerial warning that his activities are unlawful and violate human rights. And that individuals (not just groups) are also covered against hate speech. Good. But let’s take into account the limitations of this “advisory”. One is that it has no legal force (it’s basically, again, an official frowning-at). The other is that it can only claim this is unlawful, not illegal, because even after twenty years of signing the UN Convention on the Elimination of Racial Discrimination, Japan still has no laws against racial discrimination. And, as noted below, the GOJ declined to pass any laws against hate speech in 2015. Thus, the debate in Japan can only focus on abstract issues of victim reaction such as “dignity” and “personal agony”, which are much harder to proactively enforce in a legalistic manner. All the GOJ can do is run on fumes and frown–not actually arrest these extremists for encouraging violence against an entire ethnicity within Japan, or even stop the police for selectively keeping order in favor of the rightists.

Asahi: The Justice Ministry for the first time issued a hate speech advisory, warning the former leader of a group against ethnic Koreans on Dec. 22 that its activities are unlawful and violate human rights. The advisory was issued to Makoto Sakurai, former chairman of Zainichi Tokken wo Yurusanai Shimin no Kai (Group of citizens who do not tolerate privileges for ethnic Korean residents in Japan). The group is more commonly known as Zaitokukai, and it has gained international attention for blaring discriminatory and menacing taunts at its street rallies in ethnic Korean neighborhoods. Although the advisory does not carry legal force, the ministry deemed Zaitokukai’s actions to be unlawful. The advisory also recognized individuals as victims of hate speech for the first time.

The Year in Quotes: “Much jaw-jaw about war-war” (my latest for the JT), Foreign Element column, Dec. 23, 2015

I love year-end roundups, and this year I was given the privilege of compiling the year in quotes. Fuller version follows with more quotes that didn’t make the cut and links to sources:

JT: The past year has seen a number of tensions and tugs-of-war, as conservatives promoted past glories and preservation of the status quo while liberals lobbied for unprecedented levels of tolerance. This year’s Community quotes of the year column will break with tradition by not giving a guided tour of the year through quotations, but rather letting the words stand alone as capsule testaments to the zeitgeist. Quotes follow:

“I cannot think of a strategic partnership that can exercise a more profound influence on shaping the course of Asia and our interlinked ocean regions more than ours. In a world of intense international engagements, few visits are truly historic or change the course of a relationship. Your visit, Mr. Prime Minister, is one.”
— Indian Prime Minister Narendra Modi, during his Japanese counterpart Shinzo Abe’s December trip to India, where agreements were reached on infrastructure investment (including a much-feted high-speed train), nuclear energy cooperation, classified intelligence sharing and military hardware sales to deter China from encroaching upon the Indian Ocean.

“Since taking office, I’ve worked to rebalance American foreign policy to ensure that we’re playing a larger and lasting role in the Asia Pacific — a policy grounded in our treaty alliances, including our treaty with Japan. And I’m grateful to Shinzo for his deep commitment to that alliance. He is pursuing a vision of Japan where the Japanese economy is reinvigorated and where Japan makes greater contributions to security and peace in the region and around the world.”
— U.S. President Barack Obama, during a joint press conference marking Abe’s visit to the United States in April, during which he became the first Japanese leader to address both houses of Congress.

“If Japan gets attacked, we have to immediately go to their aid. If we get attacked, Japan doesn’t have to help us.”
— Donald Trump, U.S. Republican presidential candidate, on the stump.

Asahi & Mainichi: “No Hate” “No Racism”, “Refugees Welcome” say protesters at Tokyo anti-discrimination rally. Bravo.

Asahi: “Refugees welcome” was a rallying cry among 2,500 or so Tokyo Democracy March demonstrators who paraded through the capital’s Shinjuku district on Nov. 22 following the recent Paris terror attacks. The crowd, protesting all forms of discrimination, urged Japan to welcome those fleeing danger with some waving a banner displaying the asylum seeker-friendly slogan. […]

Causes on the agenda included the prejudice experienced by ethnic Korean residents in Japan, the LGBT (lesbian, gay, bisexual and transgender) community and people with disabilities. The third annual demonstration also focused on asylum seekers amid concerns over anti-refugee sentiment in and outside Japan after the Nov. 13 terrorist attacks in Paris that left 130 people dead and hundreds injured. […]

The event was first organized in 2013 chiefly as a protest against groups which staged a number of hate speeches targeting the numerous ethnic Korean residents in Tokyo’s Shin-Okubo district. The demonstration has so far drawn on various themes, including the display of a discriminatory banner declaring “Japanese Only” at Saitama Stadium during a J.League football match on March 8, 2014. “We participate in this event because of our desire to improve our society,” said a 30-year-old organizer of the protest.

COMMENT: This development is a positive one, both in that it happened (as an annual rally, no less), and that it was reported in the news.

Paul Toland Case Update: Japan as a “black hole” for parental child abductions — Family Court lawsuit & press conference to raise awareness of issue

Japan Times: A U.S. man seeking access to his daughter said Monday that the case is an opportunity for Japan to prove to the world it no longer tolerates parental child abduction. U.S. Navy Cmdr. Paul Toland is suing the mother of his Japanese ex-wife for denying access to his 13-year-old daughter. His former wife left with the child in 2003, at the age of 9 months, after their marriage failed. The woman committed suicide four years later.

Toland said his situation would amount to a “felony crime” in other countries with up-to-date family laws. “In Japan, this abduction by a nonparent is not only accepted, but it is condoned. I’m the only parent in the world to (my daughter),” Toland said, who is in Japan for the first time since the trial at the Tokyo Family Court kicked off in July. Toland said if the case is resolved it would demonstrate to the world that Japan is turning over a new leaf after years of notoriety as a “safe haven” for parental child abduction. If his daughter is not returned to him, he said, it will only alienate the nation further.

Looking for substantiation of change in editorial bent at Japan Today etc. after acquisition by right-wing Fuji Media Holdings

Following the recent acquisition of GPlus Media by right-wing media conglomerate Fuji Media Holdings, I’ve been hearing murmurs about changes in editorial policy over at Japan Today (and Gaijin Pot) of deletion of comments that are critical of the Japanese government etc.

Let’s try to go beyond murmur. I have a reporter who would like some substantiation for an article. Has anyone saved copies of their critical comments that were deleted? Or if you comment there from now (keep your comments sane, please), could you keep an eye on it? (Screen captures would be nice.) Please let Debito.org know. Thanks.

UPDATE JUNE 29, 2015: Proof of Fuji Media Holdings’ editorial bent: Fuji TV apologizes for subtitles fabricating quotes from South Koreans as “hating Japan”:

AOL News: J-League soccer ref speaks English to, then denigrates Japanese-German player, denies anything discriminatory. But then official protests from club!

AOL News: In the June 6 J2 match between teams Avispa Fukuoka and Tokushima Vortis, it has come to light in a club statement that will be filed with the J-League that Referee Takayama Hiroyoshi used discriminatory language against Fukuoka player Sakai Noriyoshi.

Sakai Noriyoshi is the younger brother of Japan soccer representative Sakai Goutoku, who is half-Japanese, half-German. In the 35th minute of the second half during a foul, Referee Takayama asked in English “Are you OK?”, to which Sakai answered in Japanese, “Daijoubu desu”. Takayama then apparently said, “What the… you [using omae, a masculine, informal, often disparaging or belligerent way to say “you”], you can speak Japanese after all.” To which the bystanding players protested. At that time Referee Takayama promised that he would apologize after the game, but no apologies were forthcoming. The club protested to the commissioner, but during investigations Takayama denied that there was any discriminatory statement made.

COMMENT: When you read the whole article, you’ll see that several positive precedents are being set here, sorely needed in Japan’s sports milieu where racialization of athletes is quite normal. Bravo to the bystanding players, the club, the fans and even the reporter for not letting this migroaggression stand unchallenged.

Tokyo sushi shop Mizutani, with 2 Michelin stars, refuses NJ customers; awaiting Michelin Guides’ response

AFP: A top notch Michelin-starred sushi restaurant in Tokyo on Monday defended its special reservation rules for foreigners after a report in Japan it had refused to accept a booking from a Chinese customer. Sushi Mizutani, which has two of the coveted Michelin stars, told AFP it has an “across-the-board policy” of not accepting bookings by non-Japanese customers—unless they are made through a hotel concierge or a credit card company.

“Non-Japanese customers may not show up for their reservations,” a member of the staff at the restaurant said, adding employees do not have the foreign language proficiency to explain requirements to patrons. “We prepare fish for the number of expected customers and have to turn down other requests for booking sometimes. We simply cannot afford it if people don’t show up. “We don’t think it is anything discriminatory,” he said… No one from the Michelin Guide was available for comment.

COMMENT: Given the relativism and exceptionality that pervades the world’s treatment of Japan (giving it a free pass for some pretty egregious examples of racism), I would be rather surprised if Michelin took their stars away. Let’s wait and see.

Kyodo: Ryukoku U exchange student denied “No Foreigner” Kyoto apartment in 2013; MOJ in 2015 decides it’s not a violation of human rights!

47News.jp (article below) reports that the Ministry of Justice Legal Affairs Bureau has refused to acknowledge “No Foreigners” apartments as a violation of human rights. This is the outcome of a case back in 2013, where an exchange student at Ryuukoku University was denied a flat despite going through the Student Union, and he took it to the Bureau of Human Rights for the official word on the subject. More than two years later (presumably the poor chap wasn’t living on the street in the interim), the MOJ determined that the foreigner-averse landlord had not violated anyone’s human rights, refusing to elaborate further. Great. Job well done and great precedent set, BOHR.

Two things of note: One is a media bias. Note how once again the 47News.jp article portrays the issue incorrectly in this scan of the sidebar illustration: It’s not “Foreigner Discrimination” (gaikokujin sabetsu no jirei). It’s racial discrimination, because the first case they cite (the Otaru Onsens Case in 1999) eventually has a Japanese being refused too. Yet the Japanese media will almost always refuse to undermine the incorrect narrative that racial discrimination never happens in Japan.

Second thing is that Japan’s generally ineffective Potemkin Bureau of Human Rights (jinken yougobu) has a long history of blind-eyeing the very thing it’s charged with protecting against. As further evidence of its ineffectuality – even complicity with discriminators – here is an example where the Sapporo BOHR advised a local government (Otaru) that it has no legal obligation to pass ordinance against racial discrimination, only suggesting that the city make such an ordinance if it considers it necessary. This is a scan of a BOHR document from my book “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan” (Tokyo: Akashi Shoten) , pg. 347 in the English version:

Further, the BOHR has denied information to claimants on the pretext of protecting claimants from their own privacy, so I wholeheartedly agree with the exchange student’s complaints about the lack of transparency. So this latest event of saying a blanket exclusionary policy as not a violation of human rights is but one more example to record on Debito.org for posterity.

PNS: Deaths of unknown persons in the custody of the Tokyo Metropolitan Police: At least 5 in past year

PNS: A troubling pattern of deaths of suspects in police custody is emerging in Tokyo, Japan. At least five people have died in police custody in the last year, with little publicity or investigation. The names of the victims have not apparently been released, which puts Japan at odds with international norms of transparency and police accountability.

Unknown man arrested May 12, 2014 in Meguro Ward
Unknown man arrested May 25, 2014 in Shinjuku
Unknown man arrested May 31, 2014 in Konan
Unknown man arrested August 25, 2014 in Shinagawa
Unknown man arrested February 11, 2015 in Akasaka

All cases have resulted in fatalities of those in custody.

Suspicious recent death of NJ after being “restrained” on the street by Tokyo Police in daytime warrants more investigation and attention

Tokyo Weekender: A short article reporting the death of a 29-year-old English teacher who fell into a coma after being restrained by the police raises more questions than it answers. The Jiji Press reported that the teacher, who was from the US, died in a hospital following a February 11 incident in the Akasaka area of Minato Ward. The Jiji article, reprinted on the Japanese version of the Wall Street Journal, is scant on details, aside from the following: At around 5:30 pm on the Foundation Day holiday, police received a call about a foreigner behaving violently. When police approached the man, who was reported as a resident of Setagaya Ward, he responded violently. A total of six officers restrained the American by his arms and legs. In the struggle, the man went into cardiac arrest and was taken to a nearby hospital. The man did not regain consciousness after the incident, and died on March 1. Police stated that the man did not seem to have suffered any external injuries. No other information —- the man’s name, his home town, employer, or additional details about the conflict—has been provided thus far.

COMMENT: That’s the entire article, and nobody is being held accountable for fuller disclosure. However, we can speculate with some certainty on the following:

1) This happened on a Wednesday afternoon before it was fully dark, meaning the chances of this person being drunk and disorderly were pretty low.
2) This happened in a part of Tokyo that sees NJ as a public-security threat, with cops trained to racially-profile potential perps and carry out legally-questionable search activities.
3) This happened on National Foundation Day, a day where there were nationalistic demonstrations by Japanese celebrating the accession of Japan’s first emperor. While demonstrations on a day like this are not newsworthy enough to indicate that there was a concurrent demonstration in Akasaka, it is not a stretch to imagine this person being targeted by violent xenophobic elements, and the NPA taking the side of the rightists and targeting the NJ.
4) The NPA not only has a record of lethally subduing NJ in custody, but also of covering it up.
5) We don’t even have the basic information on who he is or even if international officials have gotten involved in the investigation. All we have is the deceased’s age, nationality, and occupation. That is insufficient, and the fact that more details are not forthcoming suggests a mishap or a coverup on the part of the NPA. (It’s happened before. Many times.)…

We simply don’t have enough information for a more informed assessment. And we should. Were there no witnesses? With this much commotion and no doubt an ambulance called, didn’t anyone see anything in this densely-populated part of Tokyo? Or is this just another case of another unknown fungible NJ winding up as the Dead Gaijin on a Gurney?

Sankei columnist Sono Ayako advocates separation of NJ residential zones by race in Japan, cites Apartheid South Africa as example (UPDATED)

Here’s another one for the Debito.org archives. Sono Ayako, famous conservative novelist, has just had a ponderous opinion piece published in the reactionary right-wing Sankei Shinbun daily newspaper. This is the same newspaper that last decade serialized professional bigot Ishihara Shintaro’s “Nihon Yo” columns (which, among other things, saw Chinese as criminal due to their “ethnic DNA” (minzokuteki DNA)). This is what the Sankei is getting up to now: Publishing opinion pieces advocating Japan institute an Apartheid system for foreign residents, separating their living areas by races. Seriously:

SONO: “I have come to believe, after 20-30 years knowing about the actual situation in the Republic of South Africa, that when it comes to residential zones, the Whites, Asians, and Blacks should be separated and live in different areas [in Japan].”

She describes how Black Africans have come to despoil the areas (particularly infrastructurally) that were reserved for Whites in the RSA, and feels that “immigrants” (imin) would do the same thing to Japan. And there’s lots more to mine from a remarkable capsule of bigotry and ethnic overgeneralizations that only cantankerous eldsters, who live in intellectual sound chambers because they are too old to be criticized properly anymore, can spew. Huffpost Japan and original article follows:

COMMENT: While I hope (and I stress: hope) that nobody is going to take seriously the rants of a octogenarian who has clearly lost touch with the modern world, it is distressing to see that this was not consigned to the regular netto-uyoku far-right internet denizens who regularly preach intolerance and spew xenophobic bile as a matter of reflex. Shame on you, Sankei, for adding credibility to this article by publishing it. Let’s hope (and I stress again: hope) that it is not a bellwether of public policy to come.

UPDATE FEB 13: A protest letter in Japanese and English from the Africa-Japan Forum hits the media, demanding a retraction and an apology. Enclosed.

UPDATE FEB 14: South African Ambassador to Japan protests Sono Ayako’s pro-Apartheid column
<産経新聞>曽野氏コラム、南ア大使も抗議文 人種隔離許容(毎日新聞) – Yahoo!ニュース

IPC Digital et al.: Shizuoka Iwata City General Hospital doctor refuses care to Brazilian child, curses out parents and tells them to “die” (kuso, shine)

IPC Digital via Google Translate (from Portuguese original): Video of alleged discrimination in hospital resonates with Japanese Internet:

The video shows a Brazilian accusing a doctor of refusing care and offended her daughter with curses, wishing his death (Kuso, Shine), reflected in forums of discussions and Japanese blogs. Dozens of posts in livedoor.biz blogs and other forums, highlighted the event… The vast majority of comments were against the alleged discrimination.

Some Japanese netizens pointed out that, despite the apparent exaltation of the father, the doctor should have attended the transfer request and that should never have used those words with the child. Even in anonymous forums where it is not necessary to identify to post a comment, most Internet users showed outrage at the perceived attitude of the doctor, saying that “certainly should be fired,” and that “the university should be responsible for the wrong attitudes of physicians.”

COMMENT: It has made the news. Unlike, say, this “Japanese Only” hospital reported on Debito.org back in 2012, which wound up being ignored by the local media. It pays to video these things — they go viral, and force apologies. Not sure how this will stop it from happening in future, but glad that somebody is paying attention this time. Portuguese videos first, then Portuguese article, Google translated version, and finally Japanese articles.

Osaka Mayor Hashimoto vs Zaitokukai Sakurai: I say, bully for Hash for standing up to the bully boys

Kyodo: Osaka Mayor Toru Hashimoto met with the head of an anti-Korean group Monday as he considers cracking down on hate speech rallies in the city, but they ended up having a shouting match in which they more or less just insulted each other. The meeting with Makoto Sakurai, who heads the group commonly known as Zaitokukai, at City Hall was tense from the beginning, with both men calling each other names. Sitting 3 meters apart, the two came close to a scuffle at one point before people around them intervened. The meeting, which was open to the media, last just 10 minutes, far shorter than originally planned. During the meeting, Hashimoto said: “Don’t make statements looking at ethnic groups and nationalities as if they are all the same. In Osaka, we don’t need guys like you who are racists.”

Friend: I’m sure some people will view this showdown between Osaka mayor Toru Hashimoto and Makoto Sakurai, leader of Japan’s hate speech movement, as high drama, but it struck me as pathetic. Sakurai struts in front of the media, telling NHK and the Mainichi that they “hate Japan”, then sits fanning himself waiting at what looks like a school desk for Hashimoto. They get into a shouting match at roughly the same level as my three-year-old. Hashimoto has been praised for facing down Sakurai but he made a mistake: he should never have sat in the same room as this pathetic schoolyard bully.

Debito: I disagree. Sakurai is a bully. I was raised by a bully for a stepfather, and I personally have learned that you never show a bully any weakness during confrontation. And you inevitably must stand up to them as I believe Hashimoto did. People will be confused about what it all means (as the Kyodo article above certainly was), but I have to admit this is the second time (here is the first) that I have respected one of Hashimoto’s actions. He was clearly telling this oaf that he should not generalize about a whole minority, and that his discriminatory actions are not welcome in his city. And he did it in the same register as he was being addressed. Good. Fire with fire.

Bureaucrats who have spent their lives behind desks and never entered a fray like this have glass jaws in a verbal debate arena. My experience watching the Foreign Ministry in 2007 unable to handle Right-Wing bullyboys during a human-rights hearing is a prime example. It is time even public officials learned to use the register of fighting words, as Hashimoto did. Otherwise the fighters will dominate the dialog by drowning everyone else out.

UPDATE OCT 23: Osaka Mayor Hashimoto has just come out, according to J-Cast.com, in favor of making the Regular and Special Permanent Residents into one unified category. Now it’s time for me to make some qualifications…

Blame Game #433: JT on “Rumors of Foreign Looters in Hiroshima Unfounded”, “Social Media Rehashes Historical Hate”, and Economist on unoptimistic outcomes re hate speech law

Continuing on with the theme of Japan’s Blame Game (as in, blame foreigners for any social ill that you don’t want to take responsibility for), this blog entry talks about the phenomenon of blame speech morphing into hate speech (not that far of a stretch, given the irresponsible nature of anonymous social media). We have people conjuring up fake stories of foreigners looting after natural disasters that got so bad that even the Japanese police (who are not positively predisposed to foreign residents in the first place — they’re usually on the front lines of blaming them for foreign crime and the undermining of Japanese society) are stepping in to defend them (article included).

This is ironic, since NHK has recently reported there have been 1200 burglaries in post-disaster Fukushima and perps are Japanese (article). And it’s not the first time that the authorities have had to step in and dispel rumors targeting NJ residents. Consider what happened weeks after the 2011 Fukushima disasters. Rumors were circulating about foreign crime all over again and had to be tamped down upon (article). Despite the fact that crime was occurring and probably not due to NJ (article). Note how J crime naturally causes considerably less media panic. But since there are no legal restrictions on hate speech in Japan, if you can’t say something nice about people, say it about foreigners. And there is in fact a long history of this sort of thing going on (article), what with the massacre of Korean residents back in 1923.

To be sure, hate speech has finally become an issue in Japan. A recent NHK survey has shown that a vast majority of the Japanese public think hate speech is a problem, and a near-majority think that legislation is needed (article). That said, I remain unoptimistic about how things will turn out, especially given the bent of the current administration. The Economist (London) appears to share that view, even hinting that it may be used to stifle pertinent criticisms of the government (as opposed to nasty speculation about minorities and disenfranchised peoples) (article).

So what to do? I still remain in support of a law against hate speech (as is the United Nations), i.e., speech that foments fear, hatred, and related intolerance towards disenfranchised peoples and minorities in Japan. Those are the people who need protection against the powerful precisely because they are largely powerless to defend themselves as minorities in an unequal social milieu. The Japanese government’s proposed definition of hate speech (taken from the NHK article above) of 「人種や国籍、ジェンダーなどの特定の属性を有する集団をおとしめたり、差別や暴力行為をあおったりする言動や表現行為」(behavior or expressive activity that foments discrimination or violence toward, or disparages people belonging to groups distinguished by race, citizenship, gender etc.) is a decent one, and a good start. Where it will go from here, given the abovementioned extremities of Japan’s current right-wing political climate, remains to be seen.

Blame Game #432: J-Cast.com reports Mt. Fuji is covered in human poop, speculates due to increase in foreign tourists

Continuing our occasional series on “The Blame Game” (I’ve written about this before in the Japan Times), where embarrassing and inconvenient domestic problems are blamed on foreigners, here’s a report by a Japanese media source that Japan’s venerable symbolic Mt. Fuji is covered in human hiker crap.

Fine. I’ve hiked up many mountains, and I’m sure a hike up Fuji would challenge many an intestine. But then the article headlines that it might be due to the increase in foreign tourists (particularly Chinese and Koreans), parroting internet speculation. Not so fine. It does add “balance” by saying that others have said that Japanese also do it. But again, that’s not what the headline says, and you’d have to read further to get that. The story should in fact be that people are bashing foreigners, not that NJ pooping on Fuji might be happening.

Click bait is one thing, but the media practice of picking on foreigners because they are too weak in Japan’s media to respond against group defamation (as I discuss in my doctoral dissertation; more on that later, sorry) is another. Japan needs stronger anti-defamation leagues (we at Debito.org have tried; remember McDonald’s Japan’s “Mr. James” campaign?) to nip this sort of thing in the bud.

SCMP (Hong Kong) on MOFA Hague Pamphlet: “‘Racist’ cartoon issued by Japanese ministry angers rights activists”, cites Debito.org (UPDATE: Also makes Huffington Post Japan in Japanese & Al Jazeera)

SCMP: But manga-style images of foreign fathers beating children and Japanese women portrayed as innocent victims have raised the hackles of campaigners, both those fighting discrimination against foreigners and non-Japanese who have been unable to see children who have been abducted by Japanese former spouses.

“It’s the same problem with any negotiations in which Japan looks like it has been beaten,” said Debito Arudou, a naturalised Japanese citizen who was born in the United States and has become a leading human rights activist. “After being forced to give up a degree of power by signing the Hague treaty, they have to show that they have not lost face and they try to turn the narrative around,” he said. “It’s the same as in the debate over whaling.

“The Japanese always see themselves as the victims, and in this case, the narrative is that Japanese women are being abused and that the big, bad world is constantly trying to take advantage of them.” Arudou is particularly incensed by the cover of the publication, which shows a blond-haired foreigner hitting a little girl, a foreign father taking a child from a sobbing Japanese mother and another Japanese female apparently ostracised by big-nosed foreign women. “It is promoting the image that the outside world is against Japanese and the only place they will get a fair deal is in Japan,” said Arudou.

UPDATE: THIS SCMP ARTICLE PRODUCED AN ARTICLE IN HUFFINGTON POST JAPAN:

Nikkei: Another Japanese nabbed for being like a “suspicious foreigner” in Ibaraki. Adding it to the collection

NH: According to the Nikkei, two weeks ago a no-good busybody “reported” to the police that there was a “suspicious foreigner” around. The police duly rushed to the scene and questioned a Philipino 20-year-old they found. They arrested him as caught in the act of not carrying his passport with him.

After 7 hours of questioning, through an interpreter it came to light he also had Japanese citizenship and his father is Japanese. They double-checked, and since it was true released him in the middle of the night. The police stated “We are sorry. We will try to make sure it doesn’t happen again.”

The article and police statement does not find any fault with the person who reported a suspicious foreigner, or with the police for going and questioning people alleged to be suspicious foreigners. That is pretty much just the whole story. It’s not a bad law exam question, since we could ask, did he have to give up his Filipino citizenship now that he is 20, etc.? The article doesn’t go there either, of course. Another example of this law’s failure to account for Japan’s diverse population, and people getting caught in the cross-fire. I can only imagine how this young man felt about all of this.

COMMENT: I can imagine. I myself have been racially profiled (although not arrested) by J-cops on numerous occasions (see here and here, for example), even after naturalizing. So were these people (one of whom actually was arrested in 2006 for looking “too foreign”.) This is yet another reason why Japan needs laws against racial discrimination — because you can’t always tell anymore who’s “Japanese” based upon physical appearance alone. Innocent Japanese who don’t “look it” are going to get caught in any dragnet of suspicion.

In a stunning decision, Japan’s Supreme Court overturns Fukuoka High Court, rules that NJ Permanent Residents (etc.) not automatically eligible for social welfare benefits

In an event sure to make my year-end top ten most important human rights issues of 2014, Japan’s highest court just overturned the Fukuoka High Court’s 2011 decision, ruling that an octogenarian granny who, despite being born in Japan, living her life here as a Zainichi Special Permanent Resident, and contributing to Japan’s social welfare systems, has no right to the benefits of her contributions because she’s foreign (i.e., not “kokumin”). More comment after the articles:

JT: The Supreme Court ruled Friday that foreigners with permanent residency status are ineligible for welfare benefits, overturning a decision by the Fukuoka High Court that had acknowledged their eligibility under the public assistance law. The decision by the top court’s Second Petit Bench concerned a lawsuit filed by an 82-year-old Chinese woman with permanent residency who was born and grew up in Japan. The woman applied for welfare benefits with the Oita municipal office in Oita Prefecture in December 2008 but was denied the benefits on the grounds she had some savings. The woman then filed a suit demanding that the city’s decision be repealed. She is now receiving the benefits because the municipality accepted her welfare application in October 2011. While the recipients of welfare benefits are limited to Japanese nationals by law, the government issued a notice in 1954 saying foreigners should be treated in accordance with the public assistance law. Since the government limited recipients to Japanese nationals and foreigners with permanent residency in 1990, municipalities have exercised their discretion in doling out the benefits. In October 2010, the Oita District Court rejected the plaintiff’s suit, saying that denying the public assistance law to foreigners was within the discretion of a municipal government. In November 2011, however, the Fukuoka High Court ruled in favor of the plaintiff, saying that foreigners with permanent residency have been protected under the public assistance law.

COMMENT: And now the pendulum has swung again, with a great big Bronx Cheer for all NJ in Japan. More information on what has appeared on Debito.org over the years in this blog entry.

My final thought on this for now is how the online commenters (who consistently blame NJ for anything bad that happens to them) spin this one against the plaintiff? It’s a challenge: She’s an 82-year-old granny Zainichi living her entire life in Japan trying to get her tax benefits back, for heaven’s sake. Still, the reflexes are kicking in. We’ve already had one person commenting at the Japan Times about how this ruling was a means to deal with “illegal immigrants” somehow (the JT immediately spotted this as trolling and deleted it; wish they would be more proactive with my columns as trolls keep derailing any meaningful debate). Any more gems out there, go ahead and quote them in the Comments section below. A ruling this egregiously anti-NJ becomes an interesting psychological experiment to see how far the self-hating gaijin will go to deny they have any rights to anything whatsoever in Japan.

UPDATE JULY 25, 2014: This very blog entry gets cited in the South China Morning Post.

Saitama’s Konsho Gakuen school, “Japanese Only” since 1976, repeals rule only after media pressure, despite prefecture knowing about it since 2012

Significant news: In addition to the bars, bathhouses, internet cafes, stores, restaurants, apartment rental agencies, schools, and even hospitals, etc. that have “Japanese Only” policies in Japan, the media has now publicized a longstanding case of a tertiary education institution doing the same. A place called Konsho Gakuen in Kumagaya, Saitama Prefecture, offering instruction in cooking, nutrition, and confections, has since it opened in 1976 never accepted NJ into their student body. This exclusion was even written in their recruitment material as a “policy” (houshin): (scan)

People knew about this. A Peruvian student denied entry complained to the authorities in 2012. But after some perfunctory scolding from Saitama Prefecture, everyone realized that nothing could be done about it. Racial discrimination is not illegal in Japan. Nobody could be penalized, and it was unclear if anyone could lose a license as an educational institution.

So finally it hits the media. And after some defiance by the school (claiming to NHK below that they don’t want to be responsible for NJ getting jobs in Japan; how conscientious), they caved in after about a week and said that the policy would be reversed (suck on the excuses they offered the media for why they had been doing it up to now — including the standard, “we didn’t know it was wrong” and “it’s no big deal”).

Debito.org would normally cheer for this. But the school is just taking their sign down. Whether they will actually ALLOW foreigners to join their student body is something that remains to be seen (and the J-media is remarkably untenacious when it comes to following up on stories of racial discrimination). When we see enrollments that are beyond token acceptances (or happen at all, actually) over the course of a few years, then we’ll cheer.

Asahi: ‘Japanese Only’ banner at soccer stadium a microcosm of discrimination in Japan (E&J)

Big news this week I hadn’t gotten around to blogging was Monday’s front-page story in the Asahi Shinbun, about Japan’s “Japanese Only” signs, with a sizable chunk of the article devoted to the research that Debito.org has done on them.

It made a huge splash in the media. So much so that TV Asahi will be doing a segment on it on Sunday during their show『報道ステーションSUNDAY』(毎週日曜日10時~11時45分)for being one of the Asahi’s most viewed online articles of the week. So switch it on and have a watch. Anyone want to record the segment for replay on Debito.org?

Here’s the article from the English version of the Asahi (significantly different from how it appeared in Japanese), followed by the original Japanese. Have a read. And thank you, everyone, for reading and supporting Debito.org.

ASAHI: A “Japanese Only” banner at a professional soccer game made international headlines and led to unprecedented penalties. But such signs are not new in Japan, and some have even appeared at tourist hotspots. It is true that some signs like these have been put up by people who genuinely dislike citizens of other countries. But many others say they had no intention to be discriminatory, and that their “Japanese Only” displays stem from the language barrier and problems with foreign customers unaware of Japanese rules and customs. Two apparent reasons why these signs keep showing up is a general sense of apathy among the public and a lack of understanding at how offensive the words can be for foreigners in Japan…

朝日新聞: キックオフの2時間前。酒に酔った30代の男たちが、1階通路に集まっていた。3月8日午後2時すぎ、快晴の埼玉スタジアム。Jリーグ浦和レッズのサポーター集団「ウラワボーイズ・スネーク」の3人だ。本拠地開幕戦だった。

 縦70センチ、横2・5メートルの白い布と、スプレー缶を持ち込んでいた。コンクリートの床に敷き、黒い文字で、英語を吹き付けた。JAPANESE(ジャパニーズ) ONLY(オンリー)

 午後4時前。ゴール裏の観客席は、浦和のユニホームを着た熱心なサポーターで、真っ赤に染まっていた。席の出入り口に、3人はつくったばかりの横断幕を掲げた。隣には、日の丸が掲げられていた。[後略]

Mainichi: Discrimination against NJ in housing rentals highlighted in Tokyo Govt survey; like “Tokyo Sharehouse” with its new Tokyo-wide system of Japanese-Only rentals?

Mainichi: Discrimination against foreigners in renting apartments or other residences was given as an ongoing violation of their human rights by almost half of respondents to a survey by the Tokyo Metropolitan Government.

COMMENT: It is indeed good to see people acknowledging that discrimination towards NJ exists. And that the most common answer by respondents chosen (since it is probably the most normalized and systemic NJ discrimination) is in residence rentals. After all, take a look at this new system of guarantor-free housing by “Tokyo Sharehouse” — which has at least fifteen “sharehouses” advertised as “Japanese Only”:

LaFelice Ikejiri (English) http://tokyosharehouse.com/eng/house/detail/1324/, (Japanese) http://tokyosharehouse.com/jpn/house/detail/1324/
Claris Sangenjaya (English) http://tokyosharehouse.com/eng/house/detail/1325/ (Japanese) http://tokyosharehouse.com/jpn/house/detail/1325/
Domondo Sangenjaya (English) http://tokyosharehouse.com/eng/house/detail/1095/, (Japanese) http://tokyosharehouse.com/jpn/house/detail/1095/
Aviril Shibuya (Japanese Only in both meanings): http://tokyosharehouse.com/jpn/house/detail/1431/
Pleades Sakura Shin-machi (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/847/
La Vita Komazawa (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/500/
La Levre Sakura Shin-machi (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/846/
Leviair Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/506/
Flora Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/502/
La Famille (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/503/
Pechka Shimo-Kitazawa (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/507/
Amitie Naka-Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/508/
Cerisier Sakura Shin-machi (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/504/
Stella Naka-Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/501/
Solare Meguro (Japanese Only in both meanings) http://tokyosharehouse.com/jpn/house/detail/509/

Y’know, that’s funny. Why would this company go through all the trouble to put up a website in English and then use it to refuse NJ? So they’d look international? Or so they’d look exclusionary to an international audience? And you gotta love how they pretentiously put the names of the residences in faux French, yet won’t take French people…!

So, Tokyo Metropolitan Government, thanks for those surveys saying how sad it is that NJ are being discriminated against in housing. But what are they for, exactly? Mere omphaloskepsis? How about doing something to stop these bigots from discriminating?

“Japanese Only” banner in Saitama Stadium at Urawa Reds soccer game; yet media minces words about the inherent racism behind it

Going viral on Saturday was news of a banner up at a sports meet on March 8, 2014, that said “Japanese Only” (the Urawa Reds soccer team in Saitama Stadium, which according to Wikipedia has some of the best-attended games in Japan). Here it is:

According to media outlets like Al Jazeera, “the sign could be considered racist”, Kyodo: “seen as racist”, or Mainichi: “could be construed as racist”. (Oh, well, how else could it be considered, seen, or construed then? That only the Japanese language is spoken here?). Urawa Stadium management just called it “discriminatory” (sabetsu teki) and promised to investigate. Fortunately it was removed with some solid condemnations. But no media outlet is bothering to do more than blurb articles on it, barely scratching the surface of the issue.

And that issue they should scratch up is this: Since at least 1999, as Debito.org has covered more than any other media on the planet, Japan has had public language of exclusion (specifically, “Japanese Only” signs spreading around Japan) that have justified a narrative that says it’s perfectly all right to allow places to say “no” to foreigners”, particularly those as determined on sight. It’s also perfectly legal, since the GOJ refuses to pass any laws against racial discrimination, despite promises to the contrary it made back in 1995 when signing the UN CERD.

This much you all know if you’ve been reading this space over the decades. But it bears repeating, over and over again if necessary. Because this sort of thing is not a one-off. It is based upon a mindset that “foreigners” can be treated as subordinate to Japanese in any circumstances, including in this case the allegedly level playing field of sports, and it is so unquestioned and hegemonic that it has become embedded — to the point where it gets dismissed as one of Japan’s “cultural quirks”, and the language of the original Otaru Onsens “Japanese Only” sign has become standardized language for the exclusionary.

But the problem is also in the enforcement of anti-racism measures. You think any official international sports body governing soccer (which has zero tolerance for racism and is often very quick to act on it) will investigate this any further? Or that the Olympic Committee before Tokyo 2020 is going to raise any public eyebrows about Japan’s lackadaisical attitude towards racism in its sports? For example, its outright racism and handicapping/excluding/bashing foreigners (even naturalized “foreigners”) in Sumo, baseball, hockey, rugby, figure skating, the Kokutai, or in the Ekiden Sports Races, which deliberately and overtly handicaps or outright excludes NJ from participation?

I’m not going to bet my lunch on it, as scrutiny and responsibility-taking (as in, finding out who put that banner up and why — speculation abounds) could happen. But it probably won’t. Because people can’t even say clearly and definitively that what just happened in Urawa was “racism” (and Al Jazeera, the Asahi, or the Mainichi didn’t even see fit to publish a photo of the banner, so readers could feel the full force and context of it). And that we’re going to see ever more expressions of it in our xenophobic youth (which was a huge political force in Tokyo’s last gubernatorial election) as Japan continues its rightward swing into bigotry.

Kyoto District Court orders anti-Korean Zaitokukai to pay damages in first J court decision recognizing hate speech as an illegal form of racial discrimination

Good news from the Japanese judiciary. A lower court in Kyoto has finally ruled for the first time that a) hate speech exists in Japan, b) it is an illegal activity, subject to restriction, sanction, and penalty, and c) it is covered under international treaty (since Japan has no law against hate speech) such as the UN CERD.

That is a hat trick in terms of jurisprudence (on par with the Ana Bortz Case and the Otaru Onsens Case, although they were arguably more about issues of business and access to services than abstract concepts like freedom of speech).

Let’s hope a higher court does not overturn this. But I think the zealous bigots at Zaitokukai are realizing they’ve gone too far and set a spoiler precedent. About time — when their followers advocate murder and massacre of an ethnic minority, I think that’s when even timorous Japanese judges, who are sensitive to media attention, have to draw a line somewhere. Here’s where it was drawn. Articles from the Mainichi/Kyodo and Japan Times follow:

Mainichi: The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging a demonstration during which they directed hate speech at the ethnic Korean community in Japan, banning them from staging further demonstrations. It is the first court decision in connection with hate speech, which fans discrimination and hatred toward a certain race or minority, lawyers for the school said.

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.”…

Discussion: Osaka Mayor Hashimoto and GOJ WWII Sexual Slavery System: A brave debate that is suddenly and disingenuously circumspect

Below are Hashimoto’s statements to foreign press shortly before he appeared at the FCCJ on May 27. While I am disinclined to comment on the historical specifics (as I haven’t studied the WWII Sexual Slavery aka Comfort Women Issue sufficiently to make informed statements), I will say this about what Hashimoto’s doing: He’s bringing the issue to the fore for public scrutiny.

Bring this before public scrutiny in itself is a good thing. Too many times we have had bigoted, racist, sexist, and plain ahistorical statements by Japan’s public officials downplayed by the media, resulting in predictable backpedaling and claiming that comments were “for a domestic audience only”. This is typically followed by snap resignations without sufficient debate or correction (or, in recent years, people not resigning at all and just waiting for the next media cycle for things to blow over), undercarpet sweeping, and a renewed regional toxic aftertaste: How Japan’s elite status in Asia under America’s hegemony allows it to remain historically unrepentant and a debate Galapagos in terms of historical accountability. Japan’s media generally lacks the cojones to bring the xenophobic and bigoted to account for their statements (after all, Hashimoto to this day has not developed a filter for his role as public official; he still talks like the outspoken lawyer he was when appearing on Japanese TV as a pundit). So having him show some unusual backbone before the foreign press is something more Japanese in positions of power should do. Let’s have the debate warts and all, and let the historians debunk the ahistorical claims being made. But the claims have to be made clearly in the first place before they can be debunked.

The bad thing going on here, in my view, is that Hashimoto is rationalizing and normalizing sexual slavery as a universal part of war — as if “blaming Japan” is wrong because everyone allegedly did it. In his words, “It would be harmful, not only to Japan but also to the world, if Japan’s violation of the dignity of women by soldiers were reported and analyzed as an isolated and unique case, and if such reports came to be treated as common knowledge throughout the world.” That is: Japan did nothing all that wrong because it did nothing unusually wrong.

Hashimoto is also denying that the GOJ was “intentionally involved in the abduction and trafficking of women”. And that is wrong both morally and factually. It is also wrong because working backwards from a conclusion of relativism. People (especially those of Hashimoto, Abe, and Ishihara’s political bent) have the tendency to not want to view their “beautiful country” “negatively” as the bad guy in the movie. Therefore their countrymen’s behavior must have been within context as part of the “normal”, because to them it is inconceivable that people could possibly have acted differently in the same circumstances.

But not only is this a dishonest assessment of history (EVERY country, yes, has a history that has shameful periods; the trick is not to cover them up, as Hashimoto’s ilk seeks to do, down to Japan’s education curriculum), but it is also disingenuously circumspect: For Hashimoto’s ilk, not only must Japan be seen ACCURATELY (as they see it), it must be seen NICELY. That’s simply not possible for certain time periods in Japan’s history.

At least Hashimoto is willing to boldly present that side for people to shoot down. Hopefully he will lose his political career because of it, for a man like this is unfit to hold political office. But it is more “honest” than the alternative.

Hashimoto’s statements follow in English and Japanese, plus an AJW article on the FCCJ Q&A. After that, let’s have some comments from Debito.org Readers. But an advance word of warning: Although this falls under Discussions (where I moderate comments less strictly), the sensitive and contentious nature of this subject warrants a few advance ground rules: Comments will NOT be approved if a) they seek to justify sexual slavery or human trafficking in any form, b) they try to claim that Hashimoto was misquoted without comparing the misquote to his exact quote, or c) they claim historical inaccuracy without providing credible historical sources. In sum, commenters who seek to justify Hashimoto’s ahistorical stances will have to do more homework to be heard on Debito.org. Conversely, comments will more likely be approved if they a) stick to the accuracy or logic of Hashimoto’s statements, b) talk about the debate milieu within Japan regarding this topic, c) take up specific claims and address them with credible sources. Go to it. But make sure in the course of arguing that you don’t sound like Hashimoto and his ilk yourself.

Asahi on arrest of Zaitokukai participant in anti-Korean demo; J-Cast on anti-Korean stuff being sold at Dietmember kaikan; Osaka sign saying “Stop Scrawling Discriminatory Graffiti”

We have some positive movements regarding the treatment of hate speech in Japan, particularly regarding that “Kill all Koreans” hate demo that took place last February (god bless the ensuing gaiatsu of international attention for making the GOJ finally take some action to deal with this deservedly embarrassing incident). First, the Asahi reports that one of the participants in the Zaitokukai hate demo named Akai Hiroshi was arrested by the police, for violent bodily contact with a person protesting Zaitokukai activities.

It’s a good start, and I’m glad that there are protests regarding the hateful, xenophobic protesters (usually their activities get ignored even if they involve violence against counter-demonstrators).. Except for the fact that this sort of hate speech has by now reached the highest and lowest levels of society, as in anti-Korean stickers being sold in Diet buildings, and anti-Korean graffiti being scrawled on public transportation, according to J-Cast. The good news, however, is that we’re hearing about these events at all (discrimination often goes ignored in the J-media if its against NJ).

Also good news is that the authorities are taking measures against them, as seen in this sign sent to me yesterday by AP: Taken in Sekime-Seiiku Station in the Osaka area, May 20, 2013. The sign reads: A bright society where people respect each others’ human rights. Let’s stop scrawling discriminatory GRAFFITI that will hurt people’s hearts. If you notice any discriminatory graffiti, let us know (addendum: let a station attendant know). Signed, Osaka City Citizens’ Bureau.

Submitter AP writes: “I talked to the 駅長 as well. I said I don’t know what lead to posting that message, but as a foreigner in Japan I sometimes face 差別 and understand why this kind of thing is important to address, and thanked him. He seemed appreciative as well.” Good. Then maybe people are realizing that this sort of thing affects everyone in society, not just some guest foreigners whose lives and feelings have no connection with ours. These are positive developments.

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.

RocketNews: Automatic PR Status awarded to grads of Kyoto universities? Positive proposal by Kyoto Governor that will come to naught

Kyoto Shimbun: On April 10, the [Governor] of Kyoto Keiji Yamada made public his intentions to appeal to the government to award overseas students who graduate from Kyoto [universities] with the right to permanent residence. It is a proposal entitled ‘Kyoto University Special Ward’ and also incorporates other supportive measures for foreign students. With a decrease in student intake within Japan in recent years, it is hoped that by providing incentives for academically skilled overseas students, Kyoto will not only be able to compete with other cities like Tokyo but will also be able to add a new lease of life to its cultural city….

With air of conviction, Kyoto’s [Governor] put his proposition to the panel: “What I’d like to ask you to consider is whether overseas students who graduate from Kyoto [universities] and take part in the city’s job training program can be given permanent resident status. I’d like to work with everyone in producing an effective policy.”

COMMENT: Interesting and very positive proposal, but it will come to naught, of course. Still, it shows how local governments are much more responsive to the needs of NJ than the central government (which is dominated by the control-the-borders-and-police-foreigners-only mindset of the Ministry of Justice). Although the central government occasionally deigns to listen to the locals (especially when they band together and say, “Our NJ residents need this!” as per the Hamamatsu Sengen of 2001), ultimately the regular blind spots prevail, and I think they will in this case too (as awarding PR is the job of the MOJ, not local governments).

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.

Mainichi: NJ medical intern death from overwork finally officially recognized as karoushi after 2 years

In a sad precedent, we have a clear case of death through overwork being officially recognized as such for a NJ doctor. It’s sadder that it has taken so long (more than two years) for that official recognition to come through. I’ve long realized that Japan has at times some pretty crazy work ethics (and a peer group atmosphere that encourages people to give their all, even until they die), but it seems even more crazy for NJ to leave their societies to come to a place that will work them to death. Especially as a NJ “trainee”, where they have even fewer labor-law rights than the locals who are in similar work circumstances. This situation has to be known about, since Japan’s immigration laws aren’t allowing a labor market where enough doctors (even imported ones) can satiate the perpetual labor shortage being referred to below. Only when GOJ authorities realize that the jig is up, because the international labor force is avoiding Japan as a harsh labor market to work within, will things change.

Mainichi: A regional labor standards inspection office in Aomori Prefecture has recognized that a Chinese trainee doctor who was working at a municipal hospital died from overwork, a lawyer representing the victim has disclosed. It is reportedly the country’s first case in which a foreign doctor working in Japan has been recognized by a labor standards office as having died from overwork. The Hirosaki Labor Standards Inspection Office in Aomori Prefecture acknowledged that the 2010 death of Lu Yongfu, a Chinese trainee doctor at a municipal hospital in Hirosaki, was work-related, in a decision on Dec. 20. Lu died at the age of 28 after working up to 121 hours overtime a month…

Sankei Sports etc: J soccer player Nakamura Yuuki quits Slovakian club, feels victimized by “racial discrimination”; my, how ironic!

We have an interesting case of a Japanese sports player quitting an overseas soccer team claiming “racial discrimination” (jinshu sabetsu). Nakamura Yuuki, formerly of Slovak football club MSK Rimaska Sobota, has been reported in the Japanese press as returning to Japan last September, blogging about his treatment. But look closely. I have included three English-language articles and translated two Japanese articles for comparison

AFP: […] In an online blog entry dated Wednesday, Nakamura [Yuuki], 25, said he returned to Japan because of racism that had even involved some of his own teammates. “Unfortunately, I have come home because I was subjected to racism at the club I belonged to, Rimavska Sobota, and could not live there any more,” the footballer wrote.

Calling out his name before and after matches, some club supporters raised their middle finger to Nakamura “with a look of furious anger”. “No teammates helped me. There were even some players who joined in (the harassment),” he added. “It wasn’t normal anymore, and the team even received some sort of threats. They cannot be responsible (for my safety), so I came home,” he said.

Submitter AS: Reading through the article and the blog quoted in the article, I can’t find anything that clearly shows racial discrimination. People giving him the finger? With no context, that could mean anything from racial discrimination to thinking he’s a useless player.

COMMENT FROM DEBITO: I just find it interesting the difference in treatment in the media and public argument. Nakamura essentially has a nervous breakdown due to the taunts, and then both the Japanese and overseas media report it as racial discrimination, put it in a larger context, and don’t question Nakamura’s claims. Yet when we get the same kind of jeering in Japan of NJ (Shimizu S-Pulse’s Coach Ghotbi being accused in 2011 by supporters in a banner of being connected to Iranian nuclear weapons; or official-level jeers: Japan’s Ekiden running leagues justifying extra hurdles for NJ athletes by claiming that sports are only interesting for Japanese fans if Japanese win them; or claims by Japan’s rugby union not winning because they have “too many foreign players” (including naturalized Japanese); and how about Tokyo Governor Ishihara’s 2012 remarks about NJ judo Olympians being “beasts” spoiling “Japan’s sport”?), nobody calls it “racial discrimination” in the Japanese press (if the foreign press pay any attention to it at all). Racial discrimination only seems to happen overseas.

Where is FIFA or any other international sports league to decry racism when this sort of thing happens in Japan? Buried in cultural relativism. You can see that even more strongly in the comments to the Japan Today article cited above, which are overwhelmingly sympathetic to Nakamura. I don’t doubt that Nakamura had readjustment problems and decided not to stay because he wasn’t comfortable overseas. But imagine the reaction if a NJ player in the J-League were to quit, justifying it by saying “fans gave me an angry look” or “people gave me the finger”. He’d be told by commenters to grow a pair, and would have bloggers both in English and Japanese questioning not only the veracity of his claims but also his mental stability. That’s not happening in Nakamura’s case. Now why? Are we that programmed to holding Japan to a different standard?

Archiving Tottori’s 2005 Jinken Ordinance (the first and only one ever passed, then UNpassed, penalizing racial discrimination in Japan) to keep it in the historical record

Archiving something important today: The text of the first law explicitly against (inter alia) racial discrimination in Japan that was passed (and then subsequently UNpassed by a panicky public). Although I have already written about this subject before, let me give you the story in more detail, then finish with the text of the jōrei so it does not disappear from the historical record. The fact that this former law has been removed entirely from the legislative record of Tottori Prefecture’s website is a crime against history, and an unbefitting end to a template of human-rights legislation so needed in Japan. So let me, for the purposes of keeping a record of the casualty of this catastrophic event, blog the entire text of the Ordinance on Debito.org to keep it web searchable. First, however, the background:

On October 12, 2005, after nearly a year of deliberations and amendments, the Tottori Prefectural Assembly approved a human rights ordinance (tottori-ken jinken shingai kyūsai suishin oyobi tetsuzuki ni kansuru jōrei) that would not only financially penalize eight types of human rights violations (including physical abuse, sexual harassment, slander, and discrimination by “race” – including “blood race, ethnicity, creed, gender, social standing, family status, disability, illness, and sexual orientation”), but also set up an investigative panel for deliberations and provide for public exposure of offenders. Going farther than the already-existing Ministry of Justice, Bureau of Human Rights (jinken yōgobu, which has no policing or punitive powers), it could launch investigations, require hearings and written explanations, issue private warnings (making them public if they went ignored), demand compensation for victims, remand cases to the courts, and even recommend cases to prosecutors if they thought there was a crime involved. It also had punitive powers, including fines up to 50,000 yen. Sponsored by Tottori Governor Katayama Yoshihiro, it was to be a trial measure — taking effect on June 1, 2006 and expiring on March 31, 2010. It was a carefully-planned ordinance, created by a committee of 26 people over the course of two years, with input from a lawyer, several academics and human rights activists, and three non-citizen residents. It passed the Tottori Prefectural Assembly by a wide margin: 35-3. However, the counterattack was immediate…

ZakSPA!: “Laughable” stories about “Halfs” in Japan, complete with racialized illustration

Debito.org Reader CJ submits the following ZakSPA! page talking about Japan’s genetic internationalization in tabloid style: How “funny” it is to be a “half.” Reading through the articles (enclosed below), I’m of two minds about this. On one hand, it’s good to have the media acknowledging that there are Japanese kids of diverse roots and experiences out there, with some tone of saying how silly it all is that so many people get treated in stereotypical ways (with a “roundtable of halfs” at the end giving their own views on the situation). On the other hand, the level of discourse gets pretty low (“some foreigner talked to me in Narita Airport in English and it was so frightening I felt like crying”), and an opportunity to actually address a serious issue of how Japan has changed is wasted on parts laughing, parts crybabying, parts confirmation that treating people as “different” because they look “different” is a natural, if not inevitable, part of life in Japan. I’ll let Debito.org Readers read for themselves and decide whether this important topic is being broached properly.

Mainichi: Japan’s only human rights museum likely closing after Osaka Gov Hashimoto defunds, says doesn’t teach Japan’s “hopes & dreams”

Here’s something quite indicative about the conservatives in Japan. As I will be alluding to in my next Japan Times column (due out October 2), there is an emphasis on making sure “hopes and dreams” are part of Japan’s future. Fine, but for Japan’s conservatives, fostering “hopes and dreams” means obliterating things like the shameful bits of Japan’s past (which every country, doing an honest accounting of history, has). For Osaka Mayor Hashimoto (who just launched his ominously-named “Japan Restoration Party”), that means killing off Japan’s only human-rights museum (which, when I visited, had a corner devoted to the Otaru Onsens Case). Because talking about how minorities in Japan combat discrimination against them is just too disruptive of Japan’s “dreamy” national narrative:

Morris-Suzuki: Founded in 1985, Liberty Osaka is Japan’s only human rights museum. It features displays on the history of hisabetsu buraku communities (groups subject to social discrimination), the struggle for women’s rights, and the stories of minority groups such as the indigenous Ainu community and the Korean minority in Japan. An important aspect of the museum is its depiction of these groups, not as helpless victims of discrimination, but rather as active subjects who have fought against discrimination, overcome adversity and helped to create a fairer and better Japanese society. By 2005 more than a million people had visited the Liberty Osaka. (See the museum’s website (Japanese) and (English).)

Today, the museum faces the threat of closure. The Osaka city government has until now provided a crucial part of themuseum’s funding, but the current city government, headed by mayor Hashimoto Tōru, has decided to halt this funding from next year, on the grounds that the museum displays are ‘limited to discrimination and human rights’ and fail to present children with an image of the future full of ‘hopes and dreams’ (Mainichi Shinbun 25 July 2012)

WSJ: “‘Expats’ Say Goodbye to Gaijin Card”, needs more research beyond “Expat” conceits

Here we have the Wall Street Journal up to its old tricks: Representing the “Expat” community’s attitudes towards Japan, doing “Japan Real Time” research that is essentially navel-gazing about Japan from a skyscraper window (or a computer screen, as it were).

Even though the reporter, Sarah Berlow, parrots much of the net-researched stuff (courtesy of the GOJ, sharing the same blinkered viewpoint of life in Japan for NJ residents) accurately, check this bit out:

“New residents will instead be given a “residence card” similar to the ones Japanese citizens carry, except for a special marking designating the holder’s nationality.”
Err… wrong. Japanese citizens have no residence cards to carry, as we’ve discussed here on Debito.org for years.

And how about this: “These new changes come as the government attempts to increase this number [of foreigners entering Japan], to an “era of 25 million foreign visitors to Japan” by 2020, a goal established in 2011.”
Err… foreign tourists never had to carry Gaijin Cards in the first place (only people who had to register with residency visas of three months and up), so these changes have no connection and will have no effect. Does Ms. Berlow even have a residency visa in Japan so she might know about this from personal experience? If not, there are whole books on this, ones so easy even the busy-getting-rich-off-their-Expat-packages-and-enjoying-their-Expat-Bubble-Enclaves Expats can read them (cf. HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS), so bone up.

And there is no mention of the RIFD Gaijin Card Chipping for the new “Gaijin Residency Cards” only, something I’ve made a fuss about in the past. Ms. Berlow uses the word “track” in regards to NJ within the article, which is appropriate, for reasons she probably didn’t research enough to anticipate. RFID enables remote tracking of people’s credit card numbers, to begin with.

And with technological advances, as I’ve argued before, it is only a matter of time and degree before it’s capable at long distances — if it’s not already. Don your tinfoil hats, but RFID technology is already being used in military drone guidance systems for long-distance precision targeting. You think the GOJ’s going to abdicate its wet-dream ability to keep physical track of potential foreign “illegal overstayers”, now that it has the ability to RFID chip every foreign resident from now on? Oh well, the “Expats” need not worry. They’re not in Japan forever.

Finally, what’s the reason I’m jumping on the WSJ so much? Because, as I’ve said, they’re up to their old tricks. Don’t forget, it was the WSJ who first broke (and legitimized in English and Japanese) the story about the fictitious “Flyjin” Phenomenon, setting the agenda to tar the NJ who left (or worse, stayed for the stigma). Thus the WSJ’s record of “spoiling things” for NJ in Japan is on par with what critics claim Debito.org does. Sorry, we might not have their media reach or legitimacy, but at least we do better research here, for free. That’s a deal even a non-“Expat” can afford.

USG Asst Sec of State links post-divorce Japan child abductions with DPRK abductions of Japanese

Some news on the Japan Child Abductions Issue, where Japan has long set itself up as a safe haven for one parent to abscond with their child following separation or divorce (regardless of whether the marriage was international or domestic), what with no joint custody and no guaranteed child visitation in Japan. Thanks to the Koseki Family Registry system, the divorced couple becomes strangers to each other, and children go on only one parent’s koseki (with the other parent losing all legal title and access to their kids unless the custodial parent approves). In cases of international/intercontinental separation or divorce, the Japanese partner can abduct their child to Japan (since Japan is not a signatory to the Hague Convention on Child Abductions, and the Japanese embassy does not enforceably require the permission of both parents to issue a Japanese child a Japanese passport), and that’s it — the kids are gone. Japanese courts have always ruled that the absconder has established “habitual residence” in Japan by dint, so who dares wins. Meanwhile, despite international protests about the GOJ not being a signatory to the Hague, Japan has been dragging its feet for years now on signing (and as I have argued in the past, will probably caveat its way out of enforcing it anyway, as it has done with other treaties (like the CERD and the ICCPR)).

Finally, enough has become enough for sensible people. According to articles below, US Assistant Secretary of State Kurt Campbell has once again come out in public making a link between the irony of all the tragedymaking regarding Japanese being kidnapped decades ago by the DPRK (which is indeed a tragedy, yes), yet the lack of tragedy over Japanese still kidnapping international kids. Good. We’ve made that comparison before here on Debito.org, and were roundly condemned by the usual suspects for doing so. (And, as a related tangent, I’ve probably criticized the most by people misquoting me as advocating that foreigners shouldn’t marry Japanese. No, for the record, I’m saying NOBODY, Japanese or NJ, should get married and have children under the insane family law system in Japan; the risks are too great if parents separate).

As per articles below, the Japanese press is of course rallying the public behind the home team via editorial camouflaged as news (it’s hard to discern even what Campbell actually said). It’s even trying to instruct the Japanese public how English is different than Japanese. You see, if a North Korean kidnaps a Japanese, its “abduction” (rachi). But if a Japanese kidnaps an international child, its “tsuresari” (taking along and disappearing). But you see, the English language is inflexible — it only has one word for this action: “abduction”. So it’s all one big “linguistic misunderstanding”. Even though, in either case, abduction is what it is.

And if you really want to take this issue to the next level of linkage, consider this comment from a friend:

“As noted in Wikipedia, “In 1944, the Japanese authorities extended the mobilization of Japanese civilians for labor to the Korean peninsula. Of the 5,400,000 Koreans conscripted, about 670,000 were taken to mainland Japan . . .” And the Japanese have the audacity to complain about 20 or so Japanese abducted to North Korea? The Japanese government should apologize and compensate the 5 million Koreans conscripted 70 years ago before uttering a single word about the actions of North Korea 35 years ago.”

So underlying all of this is an issue of hypocrisy, and now the GOJ is probably going to have to resort to its only real defense when cornered on an issue: agonistic posturing and outrage — trying to derail the issue in favor of maintaining “The Relationship”. People have fallen for this before (after all, the US wants to keep its military bases and its market to sell inter alia weaponry). But I’m not sure this issue is really big enough (I think Masumoto has an inflated sense of his own power) to do that. Let’s keep our eyes on this one, since it’s a good case study of gaiatsu and GOJ policy in the making.

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

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

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

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

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

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

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

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

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

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

Mainichi/Kyodo: NJ crime down again, but once again only reported in English and apparently not in J Mainichi, Asahi, Yomiuri, or Sankei

Here we have the biannual report on NJ crime, as always used to justify further prevention and crackdowns on NJ as potential criminals (justifying all manner of NPA budgets and racial profiling). But the news this time is good, in that NJ crime is down. Significantly so.

Good. But here’s the thing: If it’s bad news (i.e., foreign crime goes up), then it gets splashed all over the place and a media panic ensues about a reemergent foreign crime wave. However, when is good news (i.e., foreign crime goes down), one of three things happen:

1) The Japanese police find some way to portray it as a rise,
2) The Japanese media find some way to headline it as a rise (while even, famously, depicting it as a fall in the English headline),
3) They ignore it completely. Foreigners can only ever be news if they’re criminals.

To support this last assertion, look how the above article was featured in the Mainichi online only in English, as a copy of a Kyodo wire. And doing a Google news search in Japanese, (search terms gaikokujin hanzai and the newspaper title), I could not find a similar article on this news on the Mainichi, Asahi, Yomiuri, or Sankei Shimbun sites (search as of February 23, 2012).

Instead, you get Japanese sites, for example Zakzak News below, concurrently and ironically talking about how dangerous Japanese society has become due to foreign crime (despite it going down), and saying how having a “kokumin bangou” to identify all citizens by number is now indispensable (since, as Zakzak says below, foreigners now speak Japanese!!). Fine, have that conversation if you want, but don’t blame it on foreign crime.

This perpetual criminalization of foreigners in Japan is nothing short of hate speech. On an official scale. And you get a regular fit of it twice a year regardless of what NJ residents do (or don’t do).

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

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

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

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

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

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

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

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

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

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