Mainichi: Collapsed international marriages raise child abduction issue

Mainichi: Japanese women from collapsed international marriages are increasingly bringing their children to Japan without confirming custody rights, creating diplomatic problems between Japan and other countries, it has emerged.

In one case three years ago, a Japanese woman’s marriage to a Swedish man collapsed and she brought their child to Japan. Later when she traveled to the United States by herself she was detained, as police in Sweden had put her on an international wanted list through Interpol for child abduction. She was sent to Sweden and put on trial.

The Hague Convention on the Civil Aspects of International Child Abduction bans people from taking their children to their home country after a collapsed marriage without confirming issues such as custody and visitation rights of the country in which they are living. The convention has about 80 signatory countries, mainly in Europe and North America, but Japan is not one of them.

Among cases known to foreign governments, there are about 50 cases between Japan and the U.S. in which foreign husbands are requesting custody of children brought to Japan by Japanese women, and about 30 such cases between Japan and Canada. Similar cases exist between Japan and countries such as Britain, Australia and Italy.

In such cases, when foreign husbands file lawsuits in Japan seeking custody or visitation rights, their claims are rarely accepted, and the tough barriers put up by Japan in such cases have caused frustration…

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

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

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

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

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

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

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

Japan Times Community Page on upcoming movie on divorce and child abduction in Japan

Imagine the trauma of the mother being permanently denied visitation with her own children in this family court decision handed down by the Tokyo High Court. Being told to pray, watch and love “from the shadows.”…

In January 2006, David Hearn, Matthew Antell and Sean Nichols began research on a documentary film that would dramatically affect their lives over the next few years.

They had heard about high-profile cases of parental child abduction, such as the two children of Murray Wood being abducted from their home in Canada by their Japanese mother, but these filmmakers had not yet realized all the muck they would have to work through in order to gain a clearer understanding of what has increasingly become Japan’s own scarlet letter…

Japan Times on how divorce and child custody in Japan is not a fair fight

Michael Hassett: One year ago, The Japan Times (Zeit Gist, Aug. 7) printed some findings of mine that showed that there is a 21.1-percent likelihood that a man who marries a Japanese national will do the following: create at least one child with his spouse (85.2 percent probability), then divorce within the first 20 years of marriage (31 percent), and subsequently lose custody of any children (80 percent). And in a country such as Japan — one that has no visitation rights and neither statutes nor judicial precedents providing for joint custody — loss of custody often translates into complete loss of contact, depending on the desire of the mother.

And if this figure is not startling enough, this year’s calculation using more current data would leave us with an even higher likelihood: 22 percent. Having this information, we must now ask a question that most of us would dread presenting to a friend in a fog of engagement glee: Is it the behavior of a wise man to pursue a course of action that has such a high probability of leaving your future children without any contact with their own father?

July 13 Tokyo Organizational meeting for Oyako Net, a nationwide network for realizing child visitation for both parents in Japan

The Oyako Net–A nationwide network for realizing child visitation for both parents after divorce/separation in Japan, first organizational meeting in Tokyo
Date: July 13th Time: 13:00~16:30 (Doors Open 12:30)
Place: Bunkyokuritsu Academy Miyogadani Kaigishitsu A
Station: Miyogadani (Marunouchi-sen)
Cost: 1,000 yen
Individuals to speak:
1. Paul Wong
2. Yuki Misuzu
3. Mitsuru-san
4. Tanase sensei (Lawyer)…

Japan Times’ Colin Jones on Japan’s offer to sign Hague Convention on Child Abductions by 2010

Colin Jones in the Japan Times: “I feel like a bit of a wet blanket writing this. Make no mistake, it will be great if Japan actually does join the Hague Convention on Child Abductions. Whatever help Japanese authorities need in understanding and implementing the convention should be offered unstintingly. Anything which improves the situation of children abducted to Japan is to be applauded. And if joining the convention somehow leads to improvements for the many more Japanese children in strictly domestic cases who lose one parent through judicial action (or inaction), it would be almost revolutionary… It seems unlikely that Japan joining the convention alone would change this basic aspect of the country’s legal system, since it would involve the police (and prosecutors) in a vast new area of law enforcement family disputes when only a tiny fraction of such disputes would involve the Hague Convention. Perhaps some enforcement mechanism limited to convention cases will be developed, though it would be an odd (though not impossible) result if parents and children from abroad got a better deal in the Japanese legal system than those actually living in Japan. Furthermore, bureaucratic imperatives being at least as important as actual law in Japan, it is difficult to imagine how the police and prosecutors could ever find it in their interests to be arresting Japanese parents (more often than not mothers) in order to return Japanese children to foreigners.”

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

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

Japan Times: Canada, U.S. nudge Japan to join child abduction resolution framework

Canadian and the U.S. government officials and a law expert Friday
urged Japan to join an international legal framework to resolve
cross-border cases of child abduction by parents and others… The U.S. currently has 40 cases of international child abduction
involving Japan, the third-largest after Mexico and India, said
Kathleen Ruckman, deputy director of the U.S. State Department’s
Children’s Issues Office.

Mainichi: MOJ overturns deportation order, allows NJ couple to stay with child in Japan.

Mainichi: The Justice Ministry has decided to grant special residence permission to a Kurdish man, his Filipino wife and their 7-year-old daughter, overturning its earlier decision to deport the couple for overstaying their visas. The ministry’s move came after the Tokyo High Court suggested a settlement in the case in which the family’s request to nullify the ministry’s order to deport them had been turned down by the Tokyo District Court.

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

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

Asahi Watashi no Shiten: Schools for NJ children deserve GOJ support

Asahi: Since most schools of [NJ] newcomers are not even recognized as kakushu gakko but are treated as “private juku,” they are not even eligible for subsidies from local governments.

Some local governments have eased authorization standards for kakushu gakko. But in Gunma, Saitama and other prefectures that apply strict standards for authorization, it is difficult for most schools for newcomers to meet the requirements. Many of them rent small factories that went out of business and split them into six to nine classrooms to give lessons. Such schools do not even have gymnasiums or schoolyards.

Japanese children are guaranteed free compulsory education at public elementary and junior high schools. Accredited private schools also receive generous government subsidies. However, when parents of foreign nationality enroll their children at foreign schools because they want them to learn the languages and cultures of their homelands, they are not eligible for public support measures.

Fingerprinting: How Yomiuri teaches J children that NJ are criminals

Yomiuri provides a public service for the youth of this nation–telling them in their “Kodomo News” that the new Gaijin Fingerprint Policy is for controlling crime and terrorism. The only drawback is they say you’d better manage the information properly. It’s not a matter of managing the information. It’s a matter of how you manage this policy so that you achieve your goals without imaging-down an entire segment of the population. As usual, the Yomiuri has no qualms about selling the policy as a crime-prevention measure against “foreign guests” even to impressionable children, carrying the bias down to the next generation.

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

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

Reminder: Documentary on J Child Abduction fundraiser Dec 11 Shibuya, RSVP by Dec 4

Quick reminder about the “For Taka and Mana” film documentary (see poster below) fundraiser coming up on December 11 at the Pink Cow, Shibuya (RSVPs please by December 4, i.e. tomorrow). An update for the fundraiser from directors Matt Antell and Dave Hearn follows…

Documentary film on parental child abduction in Japan: Fundraiser Tues Dec 11 in Tokyo

Fundraiser for documentary film “For Taka and Mana”, on child abductions to Japan after divorce, taking place Tuesday evening December 11 in Tokyo. Link to film trailer included. Please consider attending and helping out in any way you can. I’ll be there.

Recent articles on lack of compulsory education for NJ children

Hi Blog. Some articles substantiating the emerging issue of what happens when you don’t make compulsory education a requirement for non-Japanese children. How nice of Japan to bring NJ laborers all the way over here but not take care of their children’s educational needs. Thanks for forgetting to include that in your educational reforms last …

US State Dept and YouTube on Japan’s Int’l Child Abduction

First, excellent video by Eric Kalmus on the irony of Japan’s child abductions (in the face of all the international rules against this, not to mention the political capital gained by the GOJ over the DPRK abductions of Japanese) after the breakdown of international marriages. Courtesy of YouTube. Then more importantly, the US State Department has included on its site a warning re Japan’s negligence regarding divorce, child custody, and abduction. We’re getting through, on an international level. Referential links included.

Asian Pacific Law Journal on Japan as haven for parental child abduction.

IN THE BEST INTERESTS OF THE COURT: WHAT AMERICAN LAWYERS NEED TO KNOW ABOUT
CHILD CUSTODY AND VISITATION IN JAPAN
By Colin P.A. Jones, JD, Asian Pacific Law and Policy Journal University of Hawaii Volume 8, Issue 2, Spring 2007, linked from this blog entry. First sentence: “Japan is a haven for parental child abduction.”

REPORT: Immigrant children and Japan’s Hair Police

During one of my recent speech tours, I was told by a Nikkei Brazilian student (I will call her Maria) that her sister (call her Nicola) had been victimized by a Japanese high school’s rules. According to Maria, Nicola had been forced by her school to dye her hair weekly because it was not as dark as her peers’. Maria said she herself escaped the Hair Police (she looks more phenotypically “Japanese” than her sister), but Nicola was told to darken and even straighten hers. Although graduated from the high school, Nicola still has not only mental trauma from the ordeal, but also damaged hair which to this day has not recovered. An example of how Japan’s cookie-cutter educational rules are doing a disservice to Japan’s imminent internationalization…

Fun Facts #4: Indicative Postwar “Child’s Play”

John Dower: Children’s games can provide a barometer of their times. With consumer of any sort still in the distant future, youngsters were thrown back on their imaginations, and their play became a lively measure of the obsessions of adult society. Not long before, boys in particular had played war with a chilling innocence of what they were being encouraged to become. They donned headbands and imagined themselves piloting the planes that would, in fact, never return. They played at being heroic sailors long after the imperial navy began to be decimated. Armed with wooden spears and bayonets, they threw themselves screaming at mock-ups of Roosevelt and Churchill and pretended they were saving the country from the foreign devils [48]. In defeat, there was no such clear indoctrination behind children’s games. Essentially, they played at doing what they saw grownups do. It was a sobering sight…

Asahi Column: Tokyo JH school refuses education to NJ child

“Currently, the most important law on education in Japan, as well as the very Constitution, does not guarantee the right to education for children with foreign nationalities. Our eldest daughter, who has only Brazilian nationality, was once denied entrance to a public junior high school in Setagaya Ward, Tokyo, when trying to transfer from a school in Brazil at the age 15 in the ninth grade. Officials said our daughter was a year older than the proper age for obligatory education. They explained that exceptions cannot be made because the obligatory education system does not apply to a child without Japanese nationality.”

Protest against Child Abductions in Portland, Oregon, Feb 2007

From Mark Smith at the Children’s Rights Network Japan–Debito There is another “Protest Against Japanese Abductions” coming up in Portland Oregon this Saturday, Sunday and the following week. (Feb 3,4,10,11). This is the FOURTH event so far, and promises to be the biggest yet. There are over 20 left behind parents, friends, and family known …

Metropolis on J int’l child abductions

‘[Murray] Wood’s is just one of the 31 active cases of child custody and family distress that the Canadian Embassy is currently dealing with in Japan, a sharp increase from the 21 active cases a year earlier…. No Japanese court has ever caused a child abducted to Japan by a Japanese parent to be returned to the child’s habitual residence outside Japan. Part of the problem is that Japan is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which works to ensure the prompt return of abducted children to their country of habitual residence. “Japan continues to be a haven for international child abduction”..’

Kyodo: Gifu firms employing Brazilian children

Japan Times/Kyodo reports that two temporary job-placement agencies in Gifu Prefecture hired 12 children of Brazilian immigrants of Japanese origin to work in factories in violation of labor laws. The discovery highlights a serious problem: An increasing number of immigrants in Japan are sending their kids to work, rather than school, due to language problems and economic hardship.

SF CHRONICLE Aug 27 2006: “Child custody in Japan isn’t based on news””

SF Chronicle: Imagine discovering you have been living in an artificial world with rules designed to mask a terrible reality. This is, of course, the premise of “The Matrix,” but it is also an analogy I use to explain child custody and visitation in Japan, a subject in which I do research (and have had personal experience). Japan’s family courts have rules and procedures that hide a sad truth: They are powerless to protect the parent-child relationship when a divorce turns hostile…

Irish Times: Abe Admin in trouble due to ultranationalistic kindergarten Moritomo Gakuen, its perks, and its anti-Korean/Chinese racism

Here’s a story that people have been talking about for quite some time in the Comments section of Debito.org (but sandbagged by other projects, I haven’t quite gotten to until now, thanks to this good round-up article by Dr. David McNeill): Schools fostering ultra-rightist narratives even from a kindergarten age (in this case, the Moritomo Gakuen Case in Osaka, with its former honorary principal being PM Abe’s wife).

One thing I’ve always wondered about these nationalistic schools designed to instill “love of country” and enforce patriotism from an early age (which are, actually, not a new phenomenon, see also here): How are they supposed to deal with students who are of mixed heritage, or of foreign descent? As Japan’s multiethnic Japanese citizen population continues to grow thanks to international marriage, are these students also to be taught that love of country means only one country? Or that if they are of mixed roots, that they can only “love” one side?

This sort of jingoism should be on its way out of any developed society in this increasingly globalizing world. But, alas, as PM Abe toadies up to Trump, I’m sure the former will find plenty of things to point at going on in the USA to justify Japan’s renewed exclusionism, and “putting Japan first” through a purity narrative. Still, as seen below, the glimmer of hope is the charge that this school’s funny financial dealings (and their anointment of Abe’s wife as “honorary principal”) might in fact be the thing that brings down the Abe Administration (if it does, I’ll begin to think that Japan’s parliamentary system is actually healthier than the US’s Executive Branch). And that Japan’s hate speech law has in fact bitten down on their racist activities. An interesting case study in progress.

DEBITO.ORG NEWSLETTER FEB 19, 2017

Table of Contents:
MEDIA NORMALIZING DISCRIMINATION
1) JT: “Japan’s shared dwellings are evolving to meet diverse needs of tenants”: Basically NJ tenants on same level as pets
2) Reuters: Japan’s NJ workers reach record 1 million; but fine print overlooked, e.g., conflating “Trainees” with “Workers”
3) Kyodo: Trainee program, small firms drive rise in Japan’s foreign worker numbers. More data, same misleading gloss.
4) Wash Post & BBC: “Japan gets first sumo champion in 19 years”. Really? What oddly racist triumphalism from foreign press!
5) Ueno Chizuko, fabled feminist Sociology Prof. Emeritus at Tokyo U, argues in newspaper column that Japan will never accept foreigners, and Japanese should just decline into poverty together. Geriatrically rigid rigor.
MISC
6) Japan Times: Group drawing on long-term NJ residents to help newcomers navigate life in Japan
7) Problematic Fukuoka Pref. Police sign warning against “Foreign Travelers in Rental Cars”
8 ) Pacific Affairs journal book review of “Embedded Racism”: “a timely and important contribution to social and scholarly debates about racial discrimination in Japan”
… and finally…
9) Japan Times JBC Column 104: The Top Ten Human Rights Events of 2016

Ueno Chizuko, fabled feminist Sociology Prof. Emeritus at Tokyo U, argues in newspaper column that Japan will never accept foreigners, and Japanese should just decline into poverty together. Geriatrically rigid rigor.

TG: “Chizuko Ueno, Japan’s most famous academic feminist, says [in a Chunichi Shinbun column on Feb. 11, National Foundation Day] there is no chance of reversing the decline in the birthdate; that at the same time Japanese society is inherently incapable of inter-cultural understanding; that therefore she opposes any move to liberalize immigration policy; and that the Japanese people should accept that they are going to gradually decline into poverty over the years to come.

“Hmm. I wonder what Hidenori Sakanaka, Arudou Debito and other FB friends think about this. She is a gadfly who likes to provoke, and you could read this as an attempt at satirical pessimism possibly. Or has she just lost the plot?”

Here’s what I say: I have often noticed that feminism in Japan is not “equality between the sexes” but “separate but equal” status between the sexes, inherently accepting that inequality is inevitable due to purported physical and emotional differences between men and women. Some things are “women’s work”, for example, and some things are men’s, and you’d better respect that order or else woe betide you for intruding.

Once you accept this kind of natural status quo, it becomes just as easy to accept that there should be “separate for foreigners in Japan” too, however “a foreigner” is defined. The problem is that most people accept without much question the “necessarily separate but unequal” mantra as well, since foreigners are not Japanese, by definition, and Japanese are told on a daily basis (no exaggeration) about the inherent differences between them. And therein lies the slow-drip mindset that over the years will eventually affect even the most intellectually-rigorous, as they get older and fossilized in their beliefs. You even find it in many very long-term foreigners in Japan, who will even argue that they deserve their own unequal status. Rigor becomes rigid. So to me, Ueno’s pontificating on the natural order of separation is a natural outcome of living in a society as hierarchical and segregated as Japan’s. I think with this article, she’d have a more comfortable cup of tea with the likes of Sankei columnist Sono Ayako, who on National Foundation Day exactly two years ago expressly praised South African Apartheid and advocated a similar system for Japan’s foreigners.

Reuters: Japan’s NJ workers reach record 1 million; but fine print overlooked, e.g., conflating “Trainees” with “Workers”

The resurgence of Japan’s import labor regime has resumed in earnest, reaching a record at least in the Postwar Era. (Remember that during WWII, Japan’s internal colonial population, as in workers imported from its colonies, was very high; people from the Korean peninsula alone in 1945 were more than two million.) Now as of 2016, the NJ worker total has hit 1 million, according to Reuters below.

There is some fine print this article should have noted. This “record one million” is of workers, not registered residents alone (which is in fact more than twice the number, at 2.23 million as of 2015), since they have dependents (i.e., spouses with non-work visas and children). But within this one million are people who are not technically “workers” (roudousha), but “Trainees” (kenkyuusei or jisshuusei), who aren’t officially protected by Japan labor laws and are exposed to all manner of abuses, including slavery.

So calling them all “workers” is misleading both in terms of terminology and legal status. Especially since, as the article does rightly note, they are making up 20% of the total, or around 200,000 unprotected NJ laborers. Now that their numbers have shot up by 25% over one year alone, we can expect that 70% of all their employers will likely expose them to labor abuses.

These are not happy statistics, and for the article to lack this degree of nuance (especially since Reuters itself has done marvelous exposes in the past, even calling “Trainee” employers “sweatshops in disguise”) is at this point an institutional memory problem.

Another problem is the article implying that there is any actual attempt to, quote, “open gates to immigrants”. Immigration (imin) has never been part of Japan’s policy calculations (and I challenge the journalists researching this article to find that exact word in any of the cited policy directives; their citing a construction company manager, in the unlikely event that he actually used the word imin, is still indicative of nothing) — only temporary stopgap laborers who will give their best working lives and then be sent home at the first economic downturn. As has happened before, most cruelly.

As much as the article might be trying to attract eyeballs by putting a superlative “record number of” in the headline (and once again sneaking in an angle of hope of actual “immigration” happening), the only change that has happened here is that more NJ are being processed by an exploitative system — one that has by design remained relatively unchanged for nearly three decades, and moreover has been expanded to exploit even more. So many misdirected angles here.

Wash Post & BBC: “Japan gets first sumo champion in 19 years”. Really? What oddly racist triumphalism from foreign press!

We have a really weird conceit going on in the foreign press (see Washington Post and BBC below) regarding sumo wrestler Kisenosato’s rise to yokozuna, the highest rank. (Congratulations, and well done, by the way.) They are portraying it as “Japan’s first sumo champion of 19 years.”

Well, guess what, guys. Wrong. Japan has had other sumo champions in the 19 years, as you mention. Hakuho, Harumafuji and Kakuryu. There as also (oddly disgraced and scapegoated) Asashoryu as well. Yes, they were born in Mongolia. But guess what. Who cares?

If you do care, does that mean you are subscribing to the racist theory (widely held in Japan, anyway, dating from the days of Akebono and Musashimaru) that because they aren’t Japanese, they don’t count as “real” sumo champions? (Both Akebono and Musashimaru are naturalized Japanese, by the way, and were when they were yokozuna less than 19 years ago. How ignorant of you not to mention that.)

Or are you subscribing to the tenet, as the Sumo Association does, that even naturalized Japanese sumo wrestlers don’t count as Japanese?

Or are you subscribing to the tenets, as expressed by racist fans below, that sumo has somehow “lost something” because foreign-born wrestlers rose to the top? Is sumo an ethno-sport? The Sumo Association tried to make it into into an Olympic event, by the way. And would that mean if Japanese do not medal, as happens in Japan-originated events such as Judo, that the event has “lost something”?

Foreign reporters, kindly don’t racialize the sport with these types of headlines and reports. Herald the athletes for their physical prowess regardless of origin. Because you know better. Articles like these wouldn’t fly if you were writing about a sport in your home country. Imagine England claiming (and you reporting as such) that soccer has no real champion every time it doesn’t win a World Cup! Don’t succumb to a racist narrative just because it comes from Japan.

Japan Times JBC Column 104: The Top Ten Human Rights Events of 2016

Japan’s human rights issues fared better in 2016
BY DEBITO ARUDOU
The Japan Times, Jan 8, 2017, Column 104 for the Community Page

Welcome back to JBC’s annual countdown of the top issues as they affected Non-Japanese (NJ) residents of Japan. We had some brighter spots this year than in previous years, because Japan’s government has been so embarrassed by hate speech toward Japan’s minorities that they did something about it. Read on:

No. 10) Government “snitch sites” close down after nearly 12 years…

Rest of the article at
http://www.japantimes.co.jp/community/2017/01/08/issues/japans-human-rights-issues-fared-better-2016/
Version with links to sources now up on Debito.org

DEBITO.ORG NEWSLETTER JANUARY 8, 2017

Table of Contents:
GOOD NEWS
1) Other progress in 2016: Actions against wasabi bombs in sushi for NJ customers, conductor officially chided for apologizing re “many foreign passengers” crowding trains
2) MOJ Bureau of Human Rights Survey of NJ Residents and discrimination (J&E full text)
3) Kyodo: Japan enacts law to prevent abuse of foreign “Trainees”. But unclear how it’ll be enforced.
4) BLOG BIZ: Debito.org’s facelift; outstanding issues with Index Page and appearance on mobile devices

NOT SO GOOD
5) Onur on Fukuoka hotel check-ins in: Police creating unlawful “foreign passport check” signs in the name of (and without the knowledge of) local govt. authorities!
6) JT: The flip side of coveted public-sector jobs in Japan: fewer rights, by being excepted from labor laws
7) Japan Times: “Five-year rule” triggers “Tohoku college massacre” of jobs; harbinger of a larger looming purge, sez Debito.org
8 ) CR on how Japan’s blue-chip companies (Canon) get around new Labor Contract Law: Special temp job statuses and capped contracts for NJ
9) Japan Times: “Riding while foreign on JR Kyushu can be a costly business” (re train ticket discounts in Japanese only)

… and finally…
10) Japan Times JBC column 103: “Trump’s lesson: You can lie your way to the very top”, Nov. 16, 2016
11) Tangent: James Michener’s “Presidential Lottery” (1969) on dangerous US Electoral College

BLOG BIZ: Debito.org’s facelift; outstanding issues with Index Page and appearance on mobile devices

At the end of Debito.org’s 10th Anniversary as a blog (and 20th Anniversary as a website archive), here’s the best Christmas gift ever: a facelift and a cleanup! (Thanks for that!)

You probably noticed how slowly Debito.org loaded in recent months. That was because we had issues of memory and backlog buildup over a decade (to the tune of 55GB of it), as well as a customized Wordpress theme that was so obsolete it alone took fifteen seconds to load!

That’s why the revamp of the site’s appearance. Of course, we kept the “Debito.org” typeface banner (that’s always been there, however crufty), but hopefully the site is easier to load and read now.

We are still having issues with (beware, neophyte Geek Speak follows):

1) Reordering widgets for appearance on mobile devices — on cellphones and tablets the contents of the left sidebar appear, then the blog excerpts, then the right sidebar. I’ve tried to figure out to reorder them so the blog excerpts appear at the top, so if anyone could steer me in the right direction, I’ll get right on it.

2) Creating an Index Page that has post excerpts that lead to entire full-text single posts. Until a short time ago, we had the Index Page with excerpts that led to excerpt-text only single posts. I’ve fixed it so that all the contents are visible, but alas, they’re all visible on the Index Page too. I’ll have to create a “child theme” shortly to straighten that out.

Meanwhile, Happy Holidays to all Debito.org Readers! My next Japan Times column, my annual roundup of the Top Ten Human Rights Issues of 2016, will be out on January 9, 2017. Enjoy!

JT: The flip side of coveted public-sector jobs in Japan: fewer rights, by being excepted from labor laws

JT: Once, the hot jobs [in Japan] were high-income positions with finance firms or trading houses, but today’s youth are more sober, preferring a steady, grounded career path. A 2015 poll by Adecco Group asked children between 6 and 15 years old in seven Asian countries and regions what they wanted to be when they grow up. Children in Japan answered in the following order of popularity: 1) company worker; 2) soccer player; 3) civil servant; 4) baseball player. Note the perhaps unexpected answers ranking 1) and 3). “Government employee” made the top 10 only in Japan. […]

Amazingly, each type of civil servant has different labor rights in Japan. I ordinarily teach labor law that protects private-sector employees, so when I tell my students that the labor laws for civil servants differ by type of job, they express shock, particularly when they find out that civil servants have fewer rights than other workers…

COMMENT: Once again, the JT comes out with an insightful article about the difference between appearance and reality, especially in Japan’s labor market. Okunuki Hifumi tells us about how Japan’s most-coveted job — civil servant (!) — actually comes with at a price of fewer rights under Japan’s labor laws. Depending on your status, bureaucrats lack the right to strike, collectively bargain, or unionize (not to mention, as it wasn’t in this article, engage in “political activities”). And that can severely weaken their ability to fight back when labor abuses occur, or, as schoolteachers, to educate students about politics.

Mainichi Editorial: Japan needs effective hate speech law to stamp out racist marches

To cap off this month of discussion on Debito.org about Japan’s new hate speech laws, check out what the Mainichi (clearly a supporter, given their generous coverage of the issue, particularly enforcement problems) said about a bill at the national level back in April. It passed in June. This article offers a good accounting of just how much work went into getting the local governments to take a stand on the issue, and how grassroots movements do indeed influence national policy in Japan.

Mainichi: In 2014, the United Nations Committee on the Elimination of Racial Discrimination advised the Japanese government to take resolute action against hate speech, and to enact anti-hate speech legislation. There are also strong domestic calls for a government response to hate speech. In January of this year, the city of Osaka enacted the country’s first anti-hate speech ordinance. In addition, more than 300 local government assemblies across Japan have adopted a written statement calling on the central government to take appropriate legal action against hate speech, while staying within the Constitutional right to freedom of expression. In these acts, we can see a definite fear that Japan will lose the trust of the international community if hate groups continue to peddle their poisonous polemics unhindered. […]

The LDP-Komeito bill defines hate speech as unjust discrimination. The bill differs greatly from the opposition’s version, which seeks to regulate a wider range of discriminatory acts and calls for the outright ban on hate speech. Neither bill, however, lists a punishment for hate speech violations. To the contrary, we believe that Japan needs a law that clearly defines hate speech, preventing broad interpretations that could be warped into threats to the freedom of expression. The law should also include provisions that will have some practical effect, such as giving authorities the power to deny hate groups the use of public facilities and roads for demonstrations.

Scholar Tessa Morris-Suzuki reviews book “Embedded Racism” in journal Japanese Studies, calls it “important, courageous and challenging”

Scholar Morris-Suzuki’s concluding paragraph: In the final sections of Embedded Racism, the author looks to the future, without great optimism, but with some clear and cogent suggestions for steps that the Japanese government should take if it truly wishes to make Japan a more open society. These include passing strong and effective laws against discrimination, strengthening the powers of the Bureau of Human Rights, reforming the citizenship and family registration systems, and legalising dual nationality. Arudou also argues for the involvement of non-citizens in the processes of creating new policies affecting foreign residents. He expresses little confidence that the Japanese authorities will respond to such ideas, but his critique of Japan’s embedded racism and his proposals for change certainly deserve to be read by policy makers, as well as by scholars of Japan. This is an important, courageous and challenging book, and it casts a sharp light on problems which are often ignored or veiled, but which have profound consequences for the present and future of Japanese society.

DEBITO.ORG NEWSLETTER OCTOBER 3, 2016

Table of Contents:
THE OPPOSITION FACES OPPOSITION
1) JT: Democratic Party Leader Renho and the “pure blood” mythos (covered in detail in book “Embedded Racism”)
2) JT: Renho nationality furor exposes Japan’s deeply embedded gender bias
A GOOD MONTH FOR MEDIA APPEARANCES
3) Debito panelist on Al-Jazeera program “The Stream”: “The politics of identity in Japan” after Yoshikawa Priyanka’s pageant victory
4) ABC NewsRadio Australia, Japan in Focus: The winner of Miss World Japan, Yoshikawa Priyanka, prompts another racial debate. Interviews Debito
5) Deep in Japan Podcast, Debito Interview Pts. 2 and 3 on book “Embedded Racism” and issues of racial discrimination etc. in Japan
OLD-HAT
6) Discussion: Should I stay or should I go? What’s your personal threshold for staying in or leaving Japan?
7) Book “Embedded Racism” now discounted to $34.99 if bought through publisher directly, using promo code
… and finally…
8 ) Japan Times column Sept. 5, 2016: “JBC marks 100 columns and a million page views”

JT: Renho nationality furor exposes Japan’s deeply embedded gender bias

Colin Jones has come up with another insightful column, with a legalistic spine, in regards to how Japanese nationality has historically been awarded (until 1985, through fathers only, not mothers) until it was challenged. And, true to their nature in Japanese jurisprudence, Tokyo courts sided with the status quo (of discriminating against international children with Japanese mothers), and it wasn’t until the Diet amended the laws before they changed their tune. Yet, as Colin points out, the stigma still remains, especially in light of the debate regarding DP leader Renho’s true “Japaneseness”, a dual-nationality flap that never should have been an issue in the first place, –regardless of whether you are proponent of single nationality or double (I fall in the latter camp). Read the article for a breathtaking tour through Japan’s convoluted legal logic.

Jones: In short, decades after her birth, Renho is still being punished for having a Japanese parent who was female rather than male. Renho’s case thus offers a stark illustration of the deeply rooted structural impediments faced by women in Japan even today.

It also demonstrates the Japanese establishment’s general inability to acknowledge the past. The fact that such blatant government-sanctioned discrimination existed until the 1980s simply disappears into the memory hole, a hole that probably exists because the people who ran Japan back then are essentially the same as those who run it today.

JT: Democratic Party Leader Renho and the “pure blood” mythos (covered in detail in book “Embedded Racism”)

JT: “It’s no coincidence that [opposition party leader Murata] Renho’s detractors are the same people who are against allowing a female emperor. “Pure blood” ideology is at the root of Yawata’s philosophy — the “scoop” about Renho’s dual nationality was merely a delivery device. The law means nothing to them because their faith is invested in an occult mythos about the unbroken Imperial line. [Journalist] Kosugi Misuzu insists these beliefs amount to “racism,” since they limit the rights of some people born and raised in Japan due to genetics. Asahi reported on July 6, 2014 — well before the Renho controversy — that the pure blood faction wants to kick out permanent Korean residents as well as anyone with dual citizenship by making all Japanese sign a loyalty oath. They are not just rightists, said the paper, they are “anachronisms.”

“[Former bureaucrat] Yawata Kazuro says Renho can’t be trusted because she doesn’t use her Japanese married name and gave her children names that “sound Chinese.” These value judgments should mean nothing in a democracy. Zakzak, another Sankei organ, adds to the din by saying that Japanese people do not like the idea of someone with dual citizenship “rising to the top.” What about best-selling Japanese-American singer Hikaru Utada and all those bicultural athletes at the Rio Olympics? For that matter, what about former Peruvian president Alberto Fujimori, who was allowed to settle here and escape prosecution in his native country by asserting his Japanese nationality?”

COMMENT: All of these issues, particularly the “pure blood” conceit, have been brought up passim in book “Embedded Racism: Visible Minorities and Racial Discrimination in Japan”. Renho herself features prominently in the book (Chapter Seven), given that Japan’s racist politicians have questioned her loyalty many times before — for example when she was a Cabinet member in the previous DPJ government — simply because she’s to them a mudblood. And they can get away with it because the “pure blood” narrative is so strong.

DEBITO.ORG NEWSLETTER SEPT 4, 2016

Table of Contents:
GOOD NEWS
1) Japan Times: Celebrating Japan’s multiethnic Rio 2016 Olympians: Meet the athletes challenging traditional views of what it is to be Japanese
2) “Deep in Japan” Podcast interviews Debito on Racism in Japan and book “Embedded Racism” (UPDATED: Goes viral in Poland, more than 8000 listens)
3) Finger Lakes Times: Former Genevan, now a Japanese citizen and author, details his experiences in book on racism in Japan
SAME OLD SHAME OLD
4) Asahi: Japan’s Supreme Court approves police surveillance of Muslim residents due to their religion: Next up, surveilling NJ residents due to their extranationality?
5) Japan Center for Michigan Universities: Report and video interview of Muslim Lawyer Hayashi Junko on issues faced by Muslims in Japan (surveillance by police, including of Japanese kith and kin)
6) Nikkei: Japan begins clearing path for foreign workers. Really? Let’s analyze the proposals.
7) Nikkei Asian Review wrongly reports “Japanese law requires hotels to check and keep copies of foreigners’ passports”. Corrected after protest, but misreported text still proliferates
8 ) TIME Magazine and Japan Times on how online trolls (particularly Reddit) are ruining the Internet and media in general
… and finally…
9) Japan Times JBC column 99, “For Abe, it will always be about the Constitution”, Aug 1, 2016

TIME Magazine and Japan Times on how online trolls (particularly Reddit) are ruining the Internet and media in general

TIME: This story is not a good idea. Not for society and certainly not for me. Because what trolls feed on is attention. And this little bit–these several thousand words–is like leaving bears a pan of baklava.

It would be smarter to be cautious, because the Internet’s personality has changed. Once it was a geek with lofty ideals about the free flow of information. Now, if you need help improving your upload speeds the web is eager to help with technical details, but if you tell it you’re struggling with depression it will try to goad you into killing yourself. Psychologists call this the online disinhibition effect, in which factors like anonymity, invisibility, a lack of authority and not communicating in real time strip away the mores society spent millennia building. And it’s seeping from our smartphones into every aspect of our lives.

The people who relish this online freedom are called trolls, a term that originally came from a fishing method online thieves use to find victims. It quickly morphed to refer to the monsters who hide in darkness and threaten people. Internet trolls have a manifesto of sorts, which states they are doing it for the “lulz,” or laughs. What trolls do for the lulz ranges from clever pranks to harassment to violent threats. There’s also doxxing–publishing personal data, such as Social Security numbers and bank accounts–and swatting, calling in an emergency to a victim’s house so the SWAT team busts in. When victims do not experience lulz, trolls tell them they have no sense of humor. Trolls are turning social media and comment boards into a giant locker room in a teen movie, with towel-snapping racial epithets and misogyny. They’ve been steadily upping their game…

Japan Times: This sort of behavior is not new. Trolls — individuals who purposely send insulting and threatening messages to comments sections and social media sites — may be an Internet-specific phenomenon, but the impulses that drive them are general and eternal. Some say the difference is less ideological than psychological: serial harassers hide behind masks to express their grievances with the world, regardless of political leanings. But ideology, or at least the presumption of a “position,” is always the delivery device for the grievance. […] Media outlets should prevent intimidation any way they can, but they’re failing their mission if they don’t stand up to it.

COMMENT: This is dangerous stuff. As the veteran of many years of online death threats myself, Cyberstalking is still stalking, and Japan no longer tolerates it like it used to outside of the Internet. Debito.org reiterates its stance that something should be done to make these anonyms into real people taking responsibility for their statements. To me, that means registering real names under traceable conditions, as has happened (abortively) in South Korea. Short of that, the trolls will continue to sour and soil the online environment, depriving others of the freedom of speech the trolls themselves allegedly cherish (and use as their excuse for abuse) by remaining anonymous, immune to the same critique and exposure they mete out to others.

Japan Times: Celebrating Japan’s multiethnic Rio 2016 Olympians: Meet the athletes challenging traditional views of what it is to be Japanese

JT: Japan is home to 2.2 million foreign residents, and like it or not, a growing number of them are marrying Japanese citizens. The number of international marriages increased tenfold between 1965 and 2007, with registered new multiracial couples peaking at 40,272. Due to tighter immigration rules, the number has since dropped considerably, but marriages between Japanese and foreign nationals still make up roughly 1 in 30 unions — and around 1 in 10 in Tokyo.

However, no matter how common international marriages are today, Japanese society still sets the children of these couples apart. They may have grown up as Japanese citizens or be fluent at the language, but many complain of feeling excluded or discriminated against because of their backgrounds. These individuals’ struggles in dealing with their classification as hāfu (half) have been recounted numerous times in the media, particularly by bicultural figures in the public eye.

Some of these children, however, grow up to be Olympians — flying the flag for Japan and challenging the conventional definition of what it means to be Japanese. At the Rio Olympics, more than any before, multicultural Japanese athletes have been a notable presence in the stadiums. Here are profiles of some of these athletes — those who have given their all in Rio for Team Japan, broken the glass ceiling and possibly even opened up minds in their homeland. (List follows with photos)

Asahi: Japan’s Supreme Court approves police surveillance of Muslim residents due to their religion: Next up, surveilling NJ residents due to their extranationality?

Asahi: Muslims can still be monitored in Japan solely based on their religion, while in the United States courts are cracking down on granting such approval. An appeal by 17 Muslim plaintiffs accusing police of snooping on them was dismissed by the Japanese Supreme Court in late May, which upheld lower court decisions.

The plaintiffs argued that “carrying out surveillance of us on grounds of our religion amounts to discrimination and is a violation of the Constitution” in the lawsuit filed against the Tokyo metropolitan and the central government. Tokyo’s Metropolitan Police Department had been keeping close tabs on Muslims solely because of their religion, reasoning it was pre-empting possible terrorism. […]

The recent Japanese case came to light in 2010 after 114 articles from internal MPD documents containing personal information on Muslim residents in Japan were leaked online. Data included names, photos, addresses, employers and friends.

The leaked data showed that the documents were compiled in a style of a resume on each individual, along with a record of tailing them. Compensation of 90 million yen ($874,000) was awarded to the plaintiffs by the Tokyo District Court and the Tokyo High Court, which ruled there was a “flaw in information management.” However, the plaintiffs appealed because the courts stated “surveillance of Muslims” was “unavoidable” in order to uncover terror plots. The top court sided with lower court rulings, declaring the surveillance was not unconstitutional.

COMMENT: The obvious extension of this legitimization of racial profiling (defined as using a process of differentiation, othering, and subordination to target a people in Japan; it does not have to rely on phenotypical “looks”) is that for “national security reasons” the next step is to target and snoop on all foreign residents in Japan. Because they might be terrorists. The National Police Agency et al. have already been justifying the targeting of NJ as terrorists (not to mention as criminals, “illegal overstayers”, holders of “foreign DNA”, and carriers of contagious diseases). And Japan’s Supreme Court has now effectively given the green light to that too. The noose further tightens around NJ residents in Japan.

DEBITO.ORG NEWSLETTER AUGUST 1, 2016

Table of Contents:
GOOD NEWS
1) Ten years of Debito.org’s Blog: June 17, 2006. And counting.
2) Book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Press 2016) now out early in paperback

LESS GOOD
3) Brief comments on the July 2016 Upper House Election: The path is cleared for Japan’s Constitutional revision
4) Meanwhile back in Tokyo: Gov candidate Koike Yuriko allegedly spoke at anti-foreign hate group Zaitokukai in 2010
5) Zaitokukai xenophobic hate group’s Sakurai Makoto runs for Tokyo Governorship; his electoral platform analyzed here (UPDATED: he lost badly)
6) One reason why human rights are not taken seriously in Japan: Childish essays like these in the Mainichi.

MORE BAD
7) Shibuya Police asking local “minpaku” Airbnb renters to report their foreign lodgers “to avoid Olympic terrorism”. Comes with racialized illustrations
8 ) TV “Economist” Mitsuhashi Takaaki on foreign labor in Japan: “80% of Chinese in Japan are spies”: “foreigners will destroy Japanese culture”
9) Overseas online info site Traveloco.jp’s “Japanese Only” rules: “People with foreign-sounding names refused service”
10) Kyodo: Foreign laborers illegally working on farms in Japan increases sharply [sic]. How about the J employers who employ illegally?
11) CG on increased exit taxes on health insurance and residency when you change jobs and domiciles in Japan

AND ON A HAPPIER NOTE:
12) Ivan Hall’s new book: “Happier Islams: Happier US Too!” A memoir of his USIS stationing in Afghanistan and East Pakistan. Now available as Amazon Kindle ebook.

Economist: United Nations fails to stick up for the rights of Imperial female succession, drops issue as a “distraction” from report

Economist: THE progenitor of Japan’s imperial line, supposedly 2,600 years ago, was female: Amaterasu, goddess of the sun. But for most of the time since, all emperors have been male. This has exercised the UN’s Committee on the Elimination of Discrimination against Women. Recently it concluded that Japan should let women inherit the Chrysanthemum throne, too. It is not clear what Emperor Akihito, who is 82 (and has a hugely popular wife), thinks about this. But the Japanese prime minister blew his top. Shinzo Abe leapt to the defence of a male-only line, saying it was rooted in Japanese history. The panel’s meddling, he said, was “totally inappropriate”. Cowed, it withdrew its recommendation that the law of succession be changed.

COMMENT: What’s interesting here is not that Japan protested outside comment about their emperor system (that happens with some frequency), but that the United Nations took it seriously enough to drop the issue. Pretty remarkable that the UN, which faces criticism for many of its human-rights stances, would be cowed by this. It only encourages Japan’s rabid right to become more reactionary in regards to international criticism — because oversight bodies will possibly retreat if the Abe Admin kicks up a fuss.

When I asked the author a bit more about the reasoning of the UN committee members, he said that nobody on the committee would discuss it with him. He said he was told that it became a distraction from the report, so they dropped it. Supposedly they felt this was an issue for Japan, not the UN.

Wow, that’s awfully generous. I can imagine numerous countries making the same argument — this contentious point is merely a “distraction” so drop it. Once again, Japan gets geopolitically kid-gloved. What’s next: Japan protests UN criticism of its “Japanese Only” practices as “totally inappropriate”? Actually, Japan essentially has (see also book “Embedded Racism” Ch. 8), but not to the point of the UN withdrawing its criticism. Yet.