Traffic Accident: Good experience with police (UPDATED)

mytest

Hi Blog. I use this space enough to heap scorn on the Japanese police (deservedly, mind you). But I thought I’d balance things out a bit with praise where it’s due:

TRAFFIC ACCIDENT IN SAPPORO
TREATED WITH DIGNITY AND EFFICIENCY BY THE POLICE
JUNE 13 TO 15, 2007

I have had a pretty rotten June so far (see what I mean when I spent the past two weeks in Upstate New York battling my demons of the past, and trying to see my abducted daughter), and it was only made worse by the events of June 13.

At 1PM, I was doing my bicycle commute to school from downtown Sapporo (60 kms round trip), cycling on a sidewalk designated for cyclists, when a middle-aged gentleman working for a construction company left the parking lot of Homac department store in Atsubetsu, Sapporo, without looking both ways.

He ploughed into the front tyre of my bicycle (the one I have used for all of my cycletreks these past few years), dragging me and my bicycle for about a meter. My body weight was thrown upon the hood of his car, but my right leg took a sizeable impact below the knee.

He came out of his car immediately to check on me and to apologize. Sliding off his car and standing on my good left leg, I said, okay, let’s get the police involved. I dialed 110 on my keitai, got the Atsubetsu Police, and explained to them the situation. Location, details of the impact, make and license plate of the car, and names.

Some hints, in case you find yourself in this situation:

1) IF YOU ARE THE VICTIM, TAKE CHARGE. NEGOTIATE WITH THE POLICE RIGHT AWAY ON THE PHONE, WHERE THERE IS LESS NONVERBAL BAGGAGE TO DEAL WITH.

2) DO NOT MOVE THE VEHICLES. STAY WHERE YOU ARE AND LET THE POLICE TAKE PHOTOGRAPHS. CHANGING THE POSITIONS DESTROYS EVIDENCE.

3) STAY AS CALM AS POSSIBLE. DON’T SAY YOU’RE SORRY UNLESS YOU ARE WILLING TO TAKE FULL RESPONSIBILITY FOR THE ACCIDENT. LET THE POLICE GATHER THE INFORMATION.

We waited about ten minutes before the traffic police came by, and they talked to me first and got my side of the story. Not once did they ask my nationality (the driver, making conversation, did, not that it bothered me), and once I showed them my driver license and meishi from my university, they were pleasant, even deferential. They treated me like a victim.

Even more luckily, the driver of the car was a decent sort, and claimed full responsibility and fault. The driver and I were cordial, cross-checking our stories, while the police took our stories separately. Our memories jibed, so the investigation was completed in about ten minutes. The police took their pictures, chalked the positions of the vehicles and had them moved, and confirmed their interpretations of the events (based upon the evidence at hand) with our recollections (police in Japan try to find fault with both parties, so they asked if I was cycling fast or recklessly, which I wasn’t; the driver concurred, and reiterated that he was completely to blame).

The police advised me to go to a hospital immediately for some X-rays (I had class, had to wait until today), then said we could go.

I locked my ruined bike (the front tyre was completely collapsed and bowed inward, the front fork bent, and even the back tyre was askew–I have the feeling the driver confused his accelerator with his brake) to a nearby fence, limped to the driver’s car, and got a lift to school. He even said if my bike was irreparable (which it probably is), I should not hesitate to get a new one.

=================================

The driver’s insurance company was on the phone to me within hours, getting my particulars and side of the story. (The agent did ask about my nationality, and I said Japanese. When he asked my previous nationality, I told him it was irrelevant. He dropped the subject.) He was trying to get an estimate of my bike’s worth, which I said I could not assess. I told him that I wanted my bike the same as it was before, at no cost to me. I would retreive the bike later that evening and deliver it to my favorite bike shop in Makomanai for a repairs estimate, I said. He said keep track of my auto mileage for compensation for my fuel costs. I gave him the bike shop’s number and let them negotiate things out.

I went to the hospital today (one I chose; the insurance agent called ahead and made an appointment for me; they would cover all my bills) for several X-rays of my right leg. They turned up negative for any severe damage (some possible bleeding in the bone, but no edema). Should be healed in a couple of weeks, but it’s difficult for me to walk normally and climb stairs at the moment. The hospital would be sending the insurance agency news on the doctor’s findings.

I then took the doctor’s diagnosis to the Atsubetsu Police Station, who treated me again with deference and some respect for having Japanese citizenship. They confirmed the written-up report with me, asked me if I wished to press charges against the driver (I didn’t), and read it all back. I had not brought my inkan, but they allowed me to sign the form when I indicated I was unwilling to fingerprint it. At all times they were on the ball (I saw the drawing of the accident scene–it was clear and accurate) and after thirty minutes I was out the door.

The bike shop called later with a repairs estimate, which will be looked over when the insurance agency visits them for photos and assessments.

So far, so good. I anticipate some haggling over the repairs estimates by the insurance company, but that’s nothing to do with the cops. So just let me say in this interim report that I found the police to be fair, thorough, and in no way biased against me for my non-Japanese roots. Good.

Conclusion: Crucial is learning how to take charge linguistically, so those who find themselves in a similar situation had better understand the value of understanding Japanese, and having all their ducks in a row to establish credibility. Those who believe that NJ should not learn Japanese because they can get along just fine in English etc. (or mysteriously believe that they can get away with more due to some kind of “guest status”), wise up.

Thank heavens I had a responsible driver, as well. This went as smoothly as I think it possibly could have. More later if there’s anything to report.

Arudou Debito, limping along in Sapporo

==================
UPDATE JULY 10, 2007

Now that the smoke has cleared and the case is closed, final words on the outcome:

1) I got my bike fixed. It’s good as new and I’m cycling as before.

2) The injuries I suffered are no longer part of my life. Looks as though I just had a really bad Charley Horse on my lower leg for about two weeks. Shortly after that (and after some holistic treatment from a friend), my leg seems back to normal. No pain whatsoever.

3) The driver’s insurance company did what you’d expect from an insurance company (a la Michael Moore’s SICKO)–haggle. The agent tried to force me to pay ten percent of my bike’s repairs. I said that the police (and the driver) had acknowledged 100% fault on the driver, so I was not going to pay anything. When the agent tried to say that it’s customary for the victim to pay ten percent, I said: “Look, I’m not asking for any compensation or damages. Just to have all my repairs and medical bills paid–my costs out of pocket set to zero. I could ask for compensation (baishoukin, or isharyou) money on top, but the driver’s been such a nice chap that I didn’t have the heart. My mind could change, however, with the tone of this negotiation, and cost your company even more money. So let’s not haggle here over 8000 yen.”

An hour later, the insurance company called me back and said that the driver agreed to pay the last ten percent out of his pocket. Case closed.

And that’s that. In the end, it was probably the nicest experience I had this rotten June, and that’s saying something, I guess. Debito

Jun 27 Sophia U Film Showing: “Refusing to Stand for the Kimigayo”

mytest

Hi Blog. Little something which might interest you. Debito back in Sapporo

//////////////////////////////////////////

From: David Slater
Subject: Film Showing at Sophia U: “Refusing to Stand for the Kimigayo” (June
27th)
Forwarded by Robert Aspinall

Institute for the Study of Social Justice at Sophia University
Invites you to a film screening:

//////////////////////////////////////////////////////////
AGAINST COERCION:Refusing to Stand for “Kimigayo”
(87 minutes/in Japanese with English subtitles)
Directors: Matsubara Akira and Sasaki Yumi (Video Press)
Wednesday, June 27, 2007
17:00-19:30
Room L921, 9th Floor, Central Library
Yotsuya Campus, Sophia University
Free Admission
//////////////////////////////////////////////////////////

Since the Tokyo Metropolitan Board of Education issued
a decree to strictly enforce the hoisting of Hinomaru
and the singing of Kimigayo at school ceremonies in
2003, over 340 public school teachers in Tokyo have so
far faced disciplinary actions for “negligence of
duties.” Although the Tokyo Local Court ruled such
coercion unconstitutional in September 2006, the Tokyo
Metropolitan Board of Education took disciplinary
measures against a further 35 teachers in March 2007
and appealed to Tokyo High Court. The punitive
measures of the Tokyo Board of Education are
cumulative, and as a consequence, it looks quite
possible at this point that some teachers will face
dismissal in March 2008 –if they continue to refuse
to stand for Kimigayo.

Such developments are not limited to Tokyo public
schools, and are indeed of particular relevance to
those who are in teaching professions at school as
well as university levels. The new Law on National
Referenda that the Abe government enacted last month
contains a stipulation that prohibits teachers (and
public servants) to “utilize their positions” during
future campaigns on constitutional revisions –in
other words, a school teacher or university professor
who expresses a view that does not conform with the
government proposal may very well face similar
disciplinary measures for “negligence of duties.”

This documentary film follows the school teachers, and
their students, as the teachers refuse to stand for
Kimigayo and face pay-cut, suspension, and re-training
programs. The doors open at 17:00, and the movie
screening is followed by a Q&A session with Ms.
Kawarai Junko, who is currently suspended from her
position at a school for the disabled in Tokyo.

This event represents the first part of a program
entitled “Is Freedom in Danger?” organized by the
Institute for the Study of Social Justice, Sophia
University. It will be followed by a symposium on
October 11, where Prof. Takami Katsutoshi (Sophia Law
School) will speak on the subject of constitution and
freedom, Father Tani Daiji (Bishop of Saitama,
Catholic Church) on freedom of religion, and Koichi
Nakano (Sophia University) on the contemporary
politics of illiberalism (all in Japanese).

ENDS

上智大学映画上映『君が代不起立』6月27日(水)

mytest

上智大学社会正義研究所では、連続企画『自由は危ないのか』第1回として、下記の予定でドキュメンタリー映画上映会を開催いたします。

2007年6月27日(水曜日)
上智大学 中央図書館9階L921号室
17:00〜19:30
参加無料・事前登録不要
ドキュメンタリー映画
『君が代不起立』
(With English Subtitles)

上映時間87分&河原井純子さん(東京都教員・停職処分中)たちとの質疑応答
2003年に東京都教育委員会が卒業式や入学式での日の丸掲揚・君が代斉唱の「厳格実
施」を通達して以来、のべ340人を超える教員が職務命令違反を理由に懲戒処分を受
けている。2006年9月には東京地裁が「強制は違憲」とする判決を下したにもかかわ
らず、東京都教委は2007年3月に新たに35人に処分を行った。都教委の処分は累積性
を持つことから、現況では2008年3月についに免職処分(解雇)となる教師が現れる
ことが危惧される事態となっている。

2006年12月にビデオプレス社が公開した『君が代不起立』は懲戒処分に直面している
不起立の教職員たちの考え、教育への想いと行動、そして彼らの教え子たちの姿を
追ったドキュメンタリー映画であり、これまで各地市民団体、ICU、外国人記者クラ
ブなどにおいて上映会を積み重ねている。

折しも、憲法改定を掲げる与党による国民投票法が制定され、この法律が教員・公務
員の「地位利用」を禁止した規定を含むことによって、同様に政権与党の意に沿わな
い見解を表明した教員は懲戒処分の対象となる可能性も出てきている。私立大学で教
育に携わる私たちにとっても他人事ではありえないこの問題を通じて、思想良心の自
由について、本学教職員・学生らと議論し考えることが本企画の趣旨である。
————————————
<予告>
連続企画第2回『自由は危ないのか』シンポジウム
2007年10月11日(木曜日)
中央図書館9階L921号室
17:00〜19:30
参加無料・事前登録不要・使用言語日本語
「憲法と自由」 高見勝利・上智大学法科大学院教授
「信教の自由と政教分離」 谷大二・さいたま教区司教
「反自由の政治」 中野晃一・上智大学国際教養学部准教授
思想良心の自由、表現の自由に限らず、信教の自由なども含めて今日自由をめぐる問
題は実に多岐にわたっている。戦後憲法の中で曲がりなりにも保障されてきた個人の
自由がかつてないほどに脅威にさらされていると危惧する声が上がる一方で、逆に
「戦後民主主義」の行き過ぎた自由が国家の存続基盤そのものを危うくしているとい
う論調も強くなってきている。
ドキュメンタリー映画『君が代不起立』上映会での問題提起を受けて、自由の現在と
将来についての学術的論考と討論を更に進めることが本企画の趣旨である。


David H. Slater, Ph.D.
Faculty of Liberal Arts
Sophia University, Tokyo

2ちゃんねるの西村氏に対する強制執行の件(芝池弁士著)

mytest

ブロク読者の皆様、こんにちは。10日間渡米して、ケネディ空港から便りを送っていますが、大分前私の弁護士から2ちゃんねるBBSの勝訴についてのアップデートです。勝訴後1年半以上となり、日本の司法府は自分の民事訴訟の判決を執行できないことは非常に明白になりましたね。有道 出人

Hi Blog. This is a letter from my lawyer Mr Shibaike, with the latest motions filed against 2-Channel BBS for unrequited damages awarded for libel. More on that case archived here. Writing from JFK Airport in NYC, no real time to translate. Point is, more than a year and a half after winning a judgment for libel against Administrator Nishimura Hiroyuki, the inability of the Japanese judiciary to enforce its own civil law judgments remains glaringly clear. And it’s not just me, remember–primer here. Arudou Debito in transit.

=========================
芝池です。
May 2, 2007 10:57:28 AM JST

2ちゃんねるの西村氏に対する強制執行の件につきまして、
札幌地方裁判所岩見沢支部において間接強制の決定がでましたので、
ご連絡いたします。
(決定書の写しを添付します。別紙は省略)
kansetsukyousei.pdf

間接強制とは、債務者が、相当と認める一定の期間内に債務を履行しないときは、
裁判所が、債務者に対し、直ちに債務の履行を確保するために相当と認める
一定の額の金銭を債権者に支払うよう命ずるというものです。

本件では、掲示板上の名誉棄損文言の削除及びIPアドレス等の発信者情報の
開示をしない場合、債務者(西村氏)は、1日につきそれぞれ2万5000円を
有道さんに支払うよう命じました。

この金員はいわゆる違約金の性質を持つもので、有道さんは、西村氏から
金銭執行の方法で取り立てることもできます。

なお、間接強制の申立てから決定までに時間がかかったのは、西村氏が裁判所
からの文書を受け取らなかったためで(この間接強制の手続きでは、裁判所が、
あらかじめ債務者を審尋することが必要とされています。)、最終的には、
公示送達という方法により、西村氏の審尋を経ずに決定が下されました。

ご不明な点がございましたら私か加藤までご連絡下さい。
よろしくお願いいたします。

**************************
北海道合同法律事務所
弁 護 士 芝 池 俊 輝
TEL :011-231-1888
FAX :011-231-1785
URL: http://www.hg-law.jp/
**************************
ENDS

Ibaraki NPA on How to deal with NJ: Riot Police

mytest

Hello Blog. Last day in the US before the long trip back to Japan, but here’s a little something I just got from a friend this morning:

=============================
STOP THEM AT THE SHORES, PROTECT [OUR COUNTRY].

PLEASE COOPERATE IN STOPPING ILLEGAL ALIENS AND THEIR ILLEGAL ENTRY.

CONTACT IBARAKI PREFECTURAL POLICE HQ
029-301-0110

Sponsored by the Ibaraki Prefectural Police Coast Guard Cooperative Union (Ibaraki ken keisatsu kaigan keikai kyouryoku rengokai)
=============================
(Click on the image itself there to make it full screen.)

IbarakiNPAposter07.jpg
Nothing like six riot police (seven, actually–look closely) in full regalia to protect us from the alien horde. Er, can horde be singular? Anyway, yet another example of overreaction and targeting by the government towards NJ.

Sure, raise awareness about overstayers and illegal entrants. But don’t make it seem as though there’s an invasion afoot, and that you need measures this extreme.

More examples of GOJ-sponsored foreign scaremongering at

https://www.debito.org/TheCommunity/communityissues.html#police

https://www.debito.org/opportunism.html

Debito at Cornell University

Tangent: IHT on International Divorce

mytest

Hi Blog. Not specifically Japan-related, but close to my heart: Historical article from the International Herald Tribune/Asahi (Nov 23-24, 2002) entitled “Hazards of Divorce: Unfamiliar laws can make expats especially vulnerable.”

Since I went through a particularly painful one myself, this info may be of help to others. Referential links specifically regarding divorce in Japan at
https://www.debito.org/whattodoif.html#divorce
and
http://www.crnjapan.com/prevention/en/protectselfbeforemarriage.html

FYI. Arudou Debito at Cornell University

(Click on image to see it full-screen)

IHT122302001.jpg
IHT122302002.jpg
ENDS

JT on GOJ proposals for foreign workers

mytest

Hi Blog. Pursuant to the most recent Debito.org Newsletter on GOJ proposals for NJ workers, here’s an article giving more on how the ministries plan to “fix” things.

Already being criticized for limiting the time duration, potential contribution to Japanese society, and vagueness in scope, one wonders how far this will be applied–to other types of “workers” (such as non-blue-collar NJ employees as well)? The MOJ Minister makes it clearest that gaijin are merely guests on revolving-door labor terms, which of course I cannot support. As friend Olaf says, time to switch to Permanent Residency as soon as possible.

Still not an issue for the upcoming elections, alas. Arudou Debito at Cornell University

=================================
Competing foreign-worker plans face off
Justice chief’s proposal to open doors, briefly, for all sectors causes stir
The Japan Times Thursday, June 7, 2007

By ERIC JOHNSTON Staff writer
http://search.japantimes.co.jp/cgi-bin/nn20070607f1.html
Courtesy of James Annan at The Community

OSAKA — If the Health, Labor and Welfare Ministry, the Ministry of Economy, Trade and Industry, and the Japan Business Federation (Nippon Keidanren) have their way, it’s possible you’ll see this help-wanted ad in your English-language newspaper:

“Seeking highly trained foreign engineers and technicians to work in Japan. Successful candidates must agree to first study Japanese in their home country through a Japanese-government funded program and then pass a Japanese-government approved language proficiency examination to receive a work visa. Visa may lead to permanent residency, depending on job performance, language ability and personality, which will be evaluated by the Japanese government and their employer.”

On the other hand, if a recent proposal put forward by Justice Minister Jinen Nagase were to become law, it’s possible the ad would be written as follows:

“Seeking foreigners to work in Japan on a temporary basis (maximum three years) for all jobs and industries. All are welcome to apply, and no prior experience or ability in Japanese necessary. Successful applicants will be guaranteed a fair wage. However, visa will be good for only three years and will not be renewed under any circumstances.”

With Japan’s population expected to fall from the current 127 million to 100 million by 2050, and with slightly more than one-third of the population expected to be over 65 by then, government officials and private industries are intensifying their efforts to propose policies to make up for the predicated labor shortage by bringing in foreign workers.

Three separate proposals were announced last month. Two were METI and health ministry plans for restructuring the foreign trainee system, which has drawn harsh criticism from rights groups, lawyers and others because of the many cases in which trainees are abused, underpaid, not paid at all or exploited merely as cheap labor by small companies.

Under the current system, trainees are allowed into Japan for three years. They study the Japanese language and society in a classroom during the first year and spend the last two years in on-the-job training.

The health ministry proposes bringing in foreigners for a total of three years, all of which would be on-the-job training, with a two-year extension possible after they first return to their home country.

Three days after that proposal was announced, METI released a report calling for keeping the current trainee system, but reforming it so trainees could return to Japan, like the health ministry proposal, for an extra two years under certain conditions.

Japan does not have a guest worker system that allows unskilled or semi-skilled foreigners to come in. The ministries, as well as many lawmakers, business leaders and local governments, fear a large influx of unskilled foreign workers would take jobs from Japanese, creating social unrest. This is precisely why Nagase’s proposal has created such a stir.

The justice minister envisions a wide variety of foreign workers, not just skilled workers in METI-approved sectors, working here for up to three years. They would not be allowed to renew their visa, and they would not be given priority for permanent residency, which is what some in METI and Keidanren have proposed.

It is believed Nagase seeks a more acute need for unskilled or semi-skilled labor, particularly rural and in the services industry.

“The justice minister’s proposal recognizes that a broad range of foreign laborers are needed. It brings foreigners in through the front door to meet Japan’s coming labor demand in all sectors, whereas the METI and the health ministry proposals target technical trainees for specific sectors only, which will result in a large influx of illegal foreign labor through the side door for the other sectors,” said Michitsune Kusaka of Rights of Immigrants Network Kansai, a nongovernmental organization.

However, both Kusaka and Hidenori Sakanaka, director of the NGO Japan Immigration Policy Institute and former head of the Tokyo Immigration Bureau, criticize the proposed three-year time limit.

“Putting a three-year limit on a foreign worker’s stay in Japan does not give the company doing the hiring any incentive to take the time to train them for specialized work. Of course, there is also the question of how many skilled workers would want to come to Japan if they are forced to leave after three years,” Sakanaka said.

While the three proposals are getting a lot of attention among bureaucrats in Tokyo’s Nagata-cho district and senior business leaders, the issue of what to do about foreign laborers is not expected to addressed by politicians in the Upper House election in July.

Hiroshi Inoue, a Keidanren official who helped draft its own policy on foreign laborers, which is similar to the METI proposal, said the issue of foreign workers remains off the radar for most Diet members.

“Local politicians in areas of Japan with lots of foreign laborers, especially in the Chubu region, have to think about policies for foreign laborers. But the issue is not something Diet members concern themselves with,” he said.

“The pension issue and revising the Constitution will be the focus of the Upper House election. Seriously debating proposals about more foreign laborers is not something Diet members are ready to do, although the three proposals announced in May are getting a lot of attention among bureaucrats,” Sakanaka said.
ENDS

U Chicago talk by Imai Noriaki

mytest

Hi Blog. Interesting talk here by Imai Noriaki, one of the group of Japanese who went to Iraq three years ago on their own for research and humanitarian work, and wound up getting kidnapped (and shown on J TV with knives to their throats) by Iraqi militants. They were released, but not after running the gauntlet of hostile J media and politicians, and in my view quite a setback for activists in Japan.

Why this is interesting is because Imai doesn’t really come off as strongly as he should in his talk. Granted, he was young then (18), and full of vim and will. But he doesn’t really make his case even today as to why it was important that he go, and how unfair the consequences were in Japan afterwards (I do it instead in my Japan Times article excerpted below). Could be a language barrier (I’ve met the guy personally in Sapporo, since he’s from there, and he’s got a good heart), but at root is his pichipichi idealism which needs a few more doses of the realities of debate in the 21st Century.

He does, however, offer his attempts to make himself heard (trying to answer the critics–even making his cellphone number available to the anonymous and often very abusive online community in Japan), and where they got him (nowhere, really).

I sympathize. I am no stranger to criticism–I receive it practically every day from people who nitpick or attack without daring to identify themselves, or take any responsiblity whatsoever for what they say. They are not in the debate to actually offer any possiblity of changing their own minds–just blowing off steam or criticizing for sport. And I’ve long since learned there’s practically no point in responding because they are beyond being reached (especially when I have made my views as clear as I can in the thousands of essays over fifteen years I’ve archived on Debito.org), so I for the most part just don’t answer. After all, there are lots of them and one of you, and there are only so many hours in a day. More on how I reached this conclusion myself in my book JAPANESE ONLY.

Anyway, have a listen. Arudou Debito in Upstate NY.

===================================

“Why I Went to Iraq…Three Years Later”

March 29, 2007
Noriaki Imai, student environmental and peace activist

At 18 years of age, Noriaki Imai traveled to Iraq to study the effects of depleted uranium on Iraqi children. While in Iraq, he was taken hostage and threatened to be killed unless Japan withdrew its troops from Iraq. Fortunately, he was released alive, but when he returned home to Japan, he faced enormous public criticism.

Two different audio and video formats at
http://chiasmos.uchicago.edu/events/imai.shtml

Part of the Japan at Chicago Lecture Series: Celebrating Protest; sponsored by the Japan Committee of the Center for East Asian Studies, the Human Rights Program, the Center for International Studies, the Center for Middle Eastern Studies, Rockefeller Memorial Chapel, the Environmental Studies Program and Middle Eastern Studies Students Association.

=========================
Kidnap crisis poses a new risk
Japan’s outrage toward the former hostages in Iraq could result in bad public policy

http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?fl20040511zg.htm
By Debito Arudou, The Japan Times, May 11, 2004

When five Japanese were taken hostage in Iraq last month, huge public concern for their safe return quickly gave way to hostility and a campaign of vilification. A disastrous public appeal by the families of three of the hostages for the withdrawal of SDF troops from Iraq encouraged the government to take a tough line, and facilitated a media frenzy that sought to paint the hostages as reckless, naive and of dubious political affiliation.

However, a series of measures proposed by officials emboldened by the backlash and designed to prevent a repeat occurrence of the kidnap crisis may only have the effect of snuffing out Japan’s nascent volunteer movement…

Rest at https://www.debito.org/japantimes051104.html

ENDS

Asahi: 90% of crews on Japan ships are NJ–MLIT eyes decreasing that for “security”

mytest

Hi Blog. Asahi Shinbun reports that foreign nationals account for more than 90 percent of crews of ocean-going vessels operated by Japanese companies. So the transport ministry plans to offer tax breaks to shipping companies which drastically increase the percentage of Japanese crew on their ships. This in order to “secure stable maritime transportation”–in case they have an emergency in their home country and suddenly create a labor shortage for Japan…???

Uh… I don’t see the connection. Now NJ crew are threatening Japan’s ships too? How silly. Once again, Japan’s industry cuts costs by hiring cheap foreign labor, and somehow finds itself in a predicament–warranting tax benefits? Smells like porkbarrel to me. Just bring up arguments of “self-sufficiency” and “security” (this time coupled with a fear of foreigners who might NOT be available) and watch the public purse strings fly open. Article follows. Debito in Upstate NY

===========================

Move eyed to raise Japanese crew numbers
05/22/2007 THE ASAHI SHIMBUN

Courtesy http://www.asahi.com/english/Herald-asahi/TKY200705210339.html

The transport ministry plans to offer tax breaks to shipping companies which drastically increase the percentage of Japanese crew on their ships, sources said.

The Ministry of Land, Infrastructure and Transport aims to increase the number of Japanese crew members by about 50 percent in 10 years to secure stable maritime transportation, an integral part of the nation’s trading infrastructure.

Foreign nationals account for more than 90 percent of crews of ocean-going vessels operated by Japanese companies.

This is because shipping companies sharply cut back on labor costs to survive competition with overseas rivals.

In 2005, the nation’s shipping companies only employed 2,625 Japanese as crew members. Of the roughly 2,000 vessels operated by the nation’s shipping companies, only 95 were registered in Japan for taxation purposes and other reasons.

The transport ministry’s move was prompted by concern there would be too few people to operate ships if natural disasters, political turmoil or other emergencies flared in the home nations of non-Japanese crew members.

According to the ministry’s estimates, to maintain a basic level of operations in the event of an emergency, 5,500 Japanese crew members and 450 vessels registered in Japan would be necessary.

Beginning in fiscal 2008, the ministry plans to require shipping companies, including Nippon Yusen KK and Mitsui O.S.K. Lines Ltd., to come up with plans to hire more Japanese crew members, including specific targets.

The shipping companies will be required to prepare 5-year or 10-year plans based on the ministry’s targets. The ministry will then examine the plans for final approval.

If a shipping company fails to hire more Japanese as it had planned, the ministry will instruct it on what to do. A company that fails to win ministry approval will become ineligible for the new taxation system, which the ministry expects will be introduced in fiscal 2008.

The new system means companies would be taxed on the total tonnage the shipowner operates instead of actual profits.

The system, already used in 16 other countries, is expected to enable shipping companies to save significant amounts on tax when business is good.

The transport ministry must still negotiate with the Finance Ministry on final implementation of the new system.

It plans to submit its requests in September.

The transport ministry initially had considered introducing a requirement on shipping companies to use the money saved under the new system solely for measures to secure Japanese crew members.

But the idea was scrapped after shipping companies and their client firms raised concerns about higher transportation fees and weakened competitiveness.

In Britain, shipping companies have to provide training for their employees to take advantage of tax breaks.

The Japanese Shipowners’ Association, which represents shipping companies, has already announced a plan to double the number of Japanese-flagged vessels in five years and increase the number of Japanese crew members by 50 percent in 10 years.

(IHT/Asahi: May 22,2007)
ENDS

朝日:外航海運会社に日本人船員増加計画を要請 国交省新制度

mytest

ブログの読者おはようございます。以降の記事は面白いですね。日本が営業している船のクルーが外国人です。万が一、有事や外国人の労働不足が起きることを対処するために、これから国税から補助金をもらって日本人船員を増やすという。ほー。色々な社会問題を外国人のせいにするが、初めてこのような政府助成金の正当化にされたことを見ました。なんでもいわゆる「自給自足」のために日本政府はお金を出しますね。有道 出人

=====================
外航海運会社に日本人船員増加計画を要請 国交省新制度
朝日新聞 2007年05月21日15時22分
http://www.asahi.com/national/update/0521/TKY200705210139.html

 減り続ける日本人船員を確保するため国土交通省は、08年度から日本郵船、商船三井などの日本の外航海運会社に、船員の増加目標を盛り込んだ計画を作らせ、国土交通相が認定する新制度をつくる。計画通り実行されない場合は国が勧告できるようにする。厳しい国際競争で続いてきた低コストの外国人船員への移行に歯止めをかけ、日本人を10年間で1.5倍程度に増やすことを目指す。

 国交省は、船員供給国で大規模災害や政変が起こるといった「非常時」でも、日本の社会生活の基盤となる安定した国際的な物資輸送を保つためには、日本人船員を一定程度確保することが必要だと判断。08年度から減税効果が見込まれる「トン数標準税制」が日本籍船を運航する外航各社に導入されるのに伴う、政策目的に掲げている。

 新制度の案では、国交省が日本船籍船と日本人船員の増加の5年、10年単位の目標を盛り込んだ基本方針を示し、これをもとに、各社が具体的な増加計画をつくる。国交相に認定されないと新税制の適用を受けられないようにし、各社の取り組みに実効性を持たせる。

 新税制の導入による減税分の使い道を船員確保策に限るといった厳しい規制もありえるが、外航各社や荷主である経済界から競争力低下や運賃上昇につながることへの慎重論が強いことを考慮した。海運各社でつくる日本船主協会も日本籍船を5年で2倍、日本人船員は10年で1.5倍にする方針を発表している。

 トン数標準税制は法人税について、実際の利益ではなく船の積載能力にもとづいて「みなし利益」を算定する方法で海外16カ国が導入。好景気時に大幅な減税が見込まれる。英国はこの税制を導入した会社に雇用者の訓練義務などを課している。

 ただ、日本人船員の確保制度は財務省側と調整が必要。国交省は9月に税制改正要求を出し、年末に向けて具体的に詰めていく。

 外航海運各社の船員はコストが安く能力もある外国人が9割強を占め、日本人船員は2625人(05年)まで減少。船も日本の外航海運各社が運航する約2000隻のうち日本籍は95隻しかない。同省は「非常時」に最低限の社会生活を続けるのに必要な日本籍船は450隻、日本人船員を5500人と試算している。
ENDS

Fun Facts #6: “Newcomers” soon outnumbering “Oldcomers”

mytest

Hi Blog. I added this on specially to the end of my previous newsletter, but don’t want it to get buried. Let me reprint it specially as a FUN FACT:

REGISTERED NJ POPULATION HITS RECORD NUMBERS AGAIN IN 2006: 2.08 MILLION
…the Permanent-Resident “Newcomers” prepare to outnumber the “Oldcomers” by 2008

Latest figures for the population of registered NJ residents (i.e. anyone on 3-month visas and up) were made public last week by the Ministry of Justice (see them for yourself at http://www.moj.go.jp/PRESS/070516-1.pdf)

These are up to the end of 2006 (it takes about 5 months to tabulate the previous year’s figures). The headline:

===========================
FOREIGN RESIDENTS AT RECORD HIGH
The Yomiuri Shinbun May. 22, 2007

http://www.yomiuri.co.jp/dy/national/20070522TDY01002.htm

The number of foreign residents in Japan as of the end of 2006 hit a record-high of 2.08 million, increasing 3.6 percent from the previous year, according to the Justice Ministry’s Immigration Bureau.

The figure of 2,084,919 accounted for 1.63 percent of the nation’s total population.
By nationality and place of origin, the two Koreas combined had the largest share at 28.7 percent, or 598,219. But because of the aging population and naturalization, the number of special permanent residents is decreasing after peaking in 1991.

In order of descending share after the two Koreas, China registered 26.9 percent or 560,741; Brazil, 15 percent or 312,979; and thereafter the order was the Philippines, Peru and the United States…

By prefecture, Tokyo came top with 364,712. Thereafter, Osaka, Aichi, Kanagawa, Saitama, Hyogo, Chiba, Shizuoka, Gifu and Kyoto prefectures accounted for about 70 percent.

Gifu Prefecture increased by 7.6 percent from a year ago, and Aichi by 7.1 percent. The high rates of increase in the two Chubu region prefectures is thought to be attributable to the area’s favorable economic conditions.
(May. 22, 2007)
===========================
https://www.debito.org/?p=355

COMMENT: Oddly lost in translation from the original Japanese article (https://www.debito.org/?p=410) was the fact that this represents the 45th straight year the NJ population has risen. And at the rate reported above (3.6%), under the laws of statistics and compounding interest rates, this means the NJ population will again double in about 20 years.

It took twenty years to double last time, so the rate is holding steady. In fact, although the average is usually around a net gain of 50,000 souls per year, 2006 saw a gain of about 70,000. Accelerating?

The bigger news is this, though only briefly alluded to above:

Japan has two different types of Permanent Resident: The “Special PRs” (tokubetsu eijuusha), better known as the “Zainichi” ethnic Korean/Chinese etc. generational foreigners born in Japan, and the “General PRs” (ippan eijuusha), better known as the immigrants who have come here to settle and have been granted permission to stay in Japan forever.

Once upon a time, thanks to Japan’s jus sanguinis laws behind citizenship, most “foreigners” were in fact born in Japan–former citizens of empire stripped of their citizenship postwar and their descendents.

No longer. Every year, the number of “Oldcomers” are dropping, while the “Newcomers” are in fact catching up.

According to the MOJ, these are the raw numbers of people each year between 2002 and 2006 respectively:

Oldcomers:
489900 475952 465619 451909 443044

(rate of decrease 2005-2006 of 2%)
Newcomers:
223875 261001 312964 349804 394477

(rate of increase 2005-2006 of 12.8%)

If things continue at 2006’s rate, the number of “Newcomer” immigrants will surpass the “Oldcomers” this year, 2007!

Oldcomers: …434183 425499
Newcomers: …444,970 501926

which means that according to statistics, the Newcomers with PR will double again in a little under six years!

Of course, we won’t see the point of inflection officially until May 2008, but those are the trends. This is a major sea change, because with PR these people are probably here to stay forever, as per the terms of their visa.

As far as rights and internationalization advocates go, this should sound hopeful for increasing pressure on Japan to pass a law against racial discrimination. But I’m hearing rumblings:

According to sources I really cannot name, the “Oldcomers” have a much longer history of human-rights advocacy, and a greater sense of entitlement to “victimhood” than the upstart immigrants. It’s entirely likely the Zainichis might not be too cooperative. After all–they’ve suffered for generations and gotten a few policy bones thrown them by the GOJ. Why should they help make life any easier for others who haven’t paid their time and earned their stripes?

Those are some crystal-ball prognostications. Let’s see how things look in five to ten years, as the landscape keeps shifting under the advocates of human rights for minorities in Japan.

Arudou Debito in Upstate NY, USA

DEBITO.ORG NEWSLETTER JUNE 3, 2007–SPECIAL ON NJ WORKERS

mytest

Hi Blog. Writing to you on board a plane to the US. Got my 20th Reunion at Cornell (my how time flies), and as always a backlog of blog entries (too many for one newsletter this time), so lots of hours on the plane and some time away from the Internet may be just the ticket.

DEBITO.ORG NEWSLETTER JUNE 3, 2007

SPECIAL ISSUE: GOJ PONDERS WHAT TO DO ABOUT NON-JAPANESE WORKERS

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INTRODUCTION: WSJ ON JAPAN’S NJ LABOR MARKET
1) YOMIURI: 20,000 NJ STUDENTS CAN’T UNDERSTAND JAPANESE
2) ASAHI: GOJ GRANTS TO LOCAL GOVTS TO HELP NJ RESIDENTS
3) ASAHI: SKIMMING FROM “TRAINEE VISA” SCAMS CAUSES MURDER
4) YOMIURI: MINISTRIES SPLIT OVER WHAT TO DO RE VISA PROGRAMS’ ABUSES
5) THE VIEW OF THE ORIGINAL ARCHITECT OF THESE PROGRAMS, KEIDANREN

and finally…
6) REGISTERED NJ POPULATION HITS RECORD NUMBERS AGAIN IN 2006: 2.08 MILLION

…and the “Newcomer” immigrants will probably outnumber the “Oldcomer” generational foreigners by the end of this year.
//////////////////////////////////////////////////////////////////////////

By Arudou Debito in Rochester, New York
debito@debito.org, updates in real time at https://www.debito.org/index.php
Freely Forwardable

INTRO FOR THOSE WHO CAME IN LATE: Japan has been bringing in foreign workers in a steady stream since 1990, when the Government of Japan decided that there was a serious problem with the “hollowing out” (kuudouka) of Japanese industry. Major and minor industries were either relocating overseas (where wages were cheaper) or going bankrupt. Japan had already lost their shoe, toy, and eyeglass industries to other Asian countries. So the GOJ decided to import cheap workers–most notably the descendants of prewar Nikkei immigrants to South America (particularly Brazil and Peru), thinking they would cause fewer problems to Japanese society than just importing anyone (like Chinese). To keep labor costs down, these people would come in on revolving-door terms: one-year “Researcher” or “Trainee” Visas, which required no employer investment in unemployment, health, or retirement benefits. They would also be employed on around half minimum wage, and would be expected to go home w
ith whatever technological training they had acquired (in the best of JETRO traditions) to benefit their home countries.

That was the theory, anyway. Nearly twenty years later, the registered NJ population has nearly doubled. And here’s how things have played out:

=================================
CRACK IN THE DOOR
Cautiously, an Aging Japan Warms to Foreign Workers
Loopholes Open Up Jobs In Farms and Factories; Friction in Toyota City
THE WALL STREET JOURNAL, May 25, 2007; Page A1

http://online.wsj.com/article_print/SB118003388526913715.html
Courtesy of Matt Dioguardi at The Community

…After failing to recruit young Japanese workers, the Akehama citrus farmers decided to try foreign workers, following the example of farmers in a nearby town. They recently set up their own recruiting agency to bring over new trainees. Most come from Benguet, a province in northern Luzon in the Philippines, where farms are struggling to compete with imports of Chinese vegetables. Akehama currently hosts eight trainees — two Vietnamese women and six Filipinos. Shipbuilding companies in a nearby town also employ some Filipino trainees.

“American farmers use Mexican workers to run their farms,” says Mr. Katayama. “So we said, why couldn’t we Japanese farmers use foreigners too?”…

Japan, long known for its resistance to mass immigration, is gradually starting to use more foreigners … to solve its labor shortage. They are taking up jobs in rural areas where industries such as agriculture and textiles are struggling. Big companies are filling their factories with foreigners to assemble auto parts and flat-panel TVs. In cities, foreign workers serve meals at restaurants and stock shelves at grocery stores.

The 2005 census found Japan had 770,000 foreign workers, or 1.3% of its working population, up from 604,000 and 0.9% a decade earlier. That is still a far cry from the U.S., which has 22 million foreign-born workers, or 15% of the labor force. Nonetheless, for Japan it’s a big change…

Even today, many Japanese believe that the country’s relatively homogenous population and common values contribute to a low crime rate and economic strength. But as the country is swept by drastic changes in its population and economy, Japanese are shaking off some of their traditional views. In a 2005 government public-opinion survey, 56% of respondents said Japan should accept unskilled foreign workers either unconditionally or if certain conditions are met. Only 26% said they were opposed to the idea under any circumstance….
=================================
Rest of the article at
https://www.debito.org/?p=432

However the cracks in the program soon came through, especially when NJ laborers started doing things untoward, like staying, marrying, and having children:

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1) YOMIURI: 20,000 NJ STUDENTS CAN’T UNDERSTAND JAPANESE

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20,000 in language pickle / Foreign students in need of specialized Japanese teachers
The Yomiuri Shimbun May. 22, 2007
http://www.yomiuri.co.jp/dy/national/20070522
Original Japanese blogged at
https://www.debito.org/?p=408

The number of foreign students in need of Japanese-language instruction in 885 municipalities exceeded 20,000 as of 2005, and the figure continues to increase, a government survey has found.

The Education, Science and Technology Ministry has produced guidebooks for language teaching, but most public primary, middle and high school teachers have little experience in teaching Japanese as a second language. Experts have pointed out the need for teachers who specialize in teaching Japanese to foreign children…

According to the ministry, the number of foreign students who needed extra Japanese-language training in 1991 was 5,463, and exceeded 10,000 in 1993. As of 2005, the figure stood at 20,692, accounting for about 30 percent of all foreign students.

The largest group among the students are native Portuguese speakers, accounting for 37 percent, followed by those speaking Chinese (22 percent), and Spanish (15 percent).

This is a consequence of the 1990 revision of the Immigration Control and Refugee Recognition Law that allowed foreigners of Japanese descent to work in Japan, which was previously banned. The revision pushed up the number of people entering the country, mainly from South America.

However, the children of such people often stop attending school due to language difficulties, or find it hard to secure jobs after graduating from school….

Full article at
https://www.debito.org/?p=409
===============================

COMMENT: It’s not as if this situation is unprecedented in other developed countries, and Japan is pretty good at looking overseas for role models to deal with domestic issues. For example, in my small-town grade school we had remedial classes for native Spanish speakers. And this was back in the early 1970’s. C’mon, Japan, you bring people over here, you take care of them. You didn’t foresee them having children to have to put through school, for crying out loud?

There are some half-measures being taken on the micro level:

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2) ASAHI: GOJ GRANTS TO LOCAL GOVTS TO HELP NJ RESIDENTS

=====================================
Grants eyed to help foreigners settle
03/09/2007 THE ASAHI SHIMBUN
http://www.asahi.com/english/Herald-asahi/TKY200703090116.html

The central government will provide grants to 70 municipalities for measures to help their growing populations of foreign residents settle in the communities, officials said.

The new system will cover language programs for non-Japanese children before they enroll in school, improved disaster-prevention measures for foreign residents, and expenses to help them live in rental accommodations.

The Ministry of Internal Affairs and Communications plans to revise its ordinance later this month to offer the special grants to cover the municipalities’ expenses for fiscal 2006, the officials said. The measure may continue in and after fiscal 2007…

In the town of Oizumi, Gunma Prefecture, the number of registered non-Japanese residents grew from 1,315 in 1990 to 6,748 by the end of January 2007, a fivefold increase to a figure that now accounts for about 16 percent of the town’s population.

“We appreciate the fact that the central government is finally moving to take care of what has been a financial burden on the municipal government,” a town official said…

The town office spends about 50 million yen a year for measures to help non-Japanese residents, including employing assistant Japanese language teachers at elementary and junior high schools and producing Portuguese calendars that explain how to sort garbage and show the collection days….
====================================
Rest of the article at
https://www.debito.org/?p=416

This is of course good news. Worrisome is the sentence “the measure MAY continue…” Let’s hope that it’s not just seen as a temporary stopgap measure. These people need help. Especially given what some of them have to deal with in the workplace:

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3) ASAHI: SKIMMING FROM “TRAINEE VISA” SCAMS CAUSES MURDER

I’ve blogged before how the Trainee and Researcher Visa program scams have resulted in various human and labor rights abuses (https://www.debito.org/?p=99) and even child labor (https://www.debito.org/?p=140). Now according to the Asahi, they’ve even resulted in murder:

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Slain farm association official took fees from both Chinese trainees, farmers
05/28/2007 The Asahi Shimbun

http://www.asahi.com/english/Herald-asahi/TKY200705280329.html

CHIBA: A slain former executive of a farm association had forced Chinese trainees to pay sizable fees that had already been covered by the farmers who accepted the trainees, sources said…

Most of about 150 Chinese workers on a farm training program offered by the Chiba Agriculture Association had paid between 40,000 yuan and 110,000 yuan (about 600,000 yen and 1.65 million yen) under the pretext of training fees and travel expenses, according to a survey conducted by the [farm] association.

“The system whose initial purpose is to transfer technologies to developing countries is being exploited as a juicy business,” Ippei Torii, general secretary of Zentoitsu Workers Union, which supports foreign workers, said of the foreign trainee-intern system….

The former executive was fatally stabbed in August last year in an attack that also injured two others.

A 26-year-old Chinese farm trainee, accused of murdering the executive and other charges, had been working about 50 hours a month overtime for token pay, even though the training program banned participants from taking on extra work…

“We left everything to the former executive as far as the training program is concerned,” the association’s chairman said. “It was a lack of supervision.”…

Japan International Training Cooperation Organization, an affiliate of the Ministry of Health, Labor and Welfare and four other ministries, is calling on organizers of training programs for foreign workers to ensure transparency in expenses involved. But there is no clear legal basis for such system. (IHT/Asahi: May 28,2007)
============================
Rest of the article at
https://www.debito.org/?p=420

COMMENT: Remember GAIJIN HANZAI Magazine (https://www.debito.org/?cat=27), a horribly-biased screed against NJ workers, residents, and immigrants? So awful that it was removed from store shelves within days of going on sale last January?

Well, it had a manga about this case. And believe it or not, it was actually *sympathetic* to the Chinese! See it at:
https://www.debito.org/?p=420

Even though said magazine also featured a different manga portraying Chinese–as a people–as natural-born killers!
http://japanfocus.org/products/details/2386

You know these GOJ-sponsored programs must be pretty bad when they even turn off the xenophobes!

Thanks to this case (generally, it seems somebody’s gotta die as a consequence of bad policy before people actually do something about it), the treatment of NJ workers has become a hot issue in Nagatachou and Kasumigaseki:

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4) YOMIURI: MINISTRIES SPLIT OVER WHAT TO DO RE VISA PROGRAMS’ ABUSES

The Yomiuri offers a good overview of the policy debate. Then Matt Dioguardi offers an even better overview on his blog:

=================================
Govt split over foreign trainee program
Yomiuri Shimbun May 19, 2007

http://www.yomiuri.co.jp/dy/national/20070519TDY03003.htm

…Study panels established by the Health, Labor and Welfare Ministry and the Economy, Trade and Industry Ministry recently proposed a review of the system [by 2009], while Justice Minister Jinen Nagase on Tuesday said he personally believes a new system for accepting foreign manual laborers should be introduced to replace the current system.

[See Nagase’s original two-page letter to policymakers in Japanese, scanned and leaked to me by a friend, at:
https://www.debito.org/?p=402 (page down)]

…But the motivations for any review vary markedly among the ministries, and it is unclear how these differing views can be reconciled…

For the first of the three years of on-the-job training under the scheme, foreign trainees are not legally considered employees, and are thus not covered by the Labor Standards Law, the Minimum Wage Law and other laws protecting workers.

The labor ministry’s panel on May 11 compiled a plan that would abolish the one-year training period, to allow the workers to be treated as employees for the whole period.

One senior ministry official noted, “Even if foreign trainees are forced to work under terrible conditions, labor laws don’t cover them during the trainee period, so we have no way of protecting them.”

But three days later, the METI panel issued a report that said the one-year trainee period should be maintained.

“Companies shoulder the cost of accommodating the foreign trainees and also provide Japanese language classes and work-safety training,” a ministry official said. “If they’re made employees from the start, it could actually create a situation whereby they are abused as low-wage laborers.”

The economy ministry believes the best way to prevent improper treatment of foreign trainees is to toughen penalties on host companies, and introduce some sort of certification for legitimate host firms…

The justice minister’s proposal is to abolish the current system and introduce a totally new one to allow the acceptance of a wider range of foreign workers for short periods. It would also in effect lift the ban on domestic firms accepting foreign manual laborers.

Nagase has instructed the Justice Ministry to examine his plan based on the following premises:

— The purpose of accepting foreign trainees or workers will change from “contributing to the transfer of job skills as part of international cooperation” to “contributing to securing the necessary workforce in Japan.”

— Atrocious working conditions and extremely low wages for foreign workers are unacceptable.

— Foreign trainees or workers are not allowed to reenter Japan with the same visa status, to prevent them from permanently settling in the nation.

…But all three ministries agree that a revised or completely new system should include measures to crackdown on overstayers through tighter immigration controls, and improvements in managing foreign workers’ information…
(Yomiuri Shinbun May 19, 2007)
=======================================

Entire article at
https://www.debito.org/?p=435

MATT DIOGUARDI ADDS:
=======================================
Now recently three ministries have stepped forward with a plan to save the day… There would seem to be the three views, roughly something like this:

Justice Ministry: Let’s stop pretending this is a trainee program and just admit openly that it’s a guest worker program. Then let’s be very clear that we expect labor laws to apply to the guest workers just like anyone else. We’ll crack down on the abuses. However, let’s be very clear that after the guests have stayed for three years, they MUST leave and they certainly can NOT come back. We don’t want these poor low life scum ruining Japanese society and culture.

Labor Ministry: Let’s just reform the system a bit. Let’s throw out the Industrial Training Program and instead focus on the Technical Internship Program. And you know that clause we’ve got about labor law not applying for the first year, well, let’s go ahead and apply it. That should fix things up, well, you know, maybe a little. I mean, this whole system is pretty lucrative for us bureaucrats, so let’s not rock the boat too much.

Economics Ministry: Let’s not let go of the idea that Japan is trying to help other countries by training their people. So what if the program becomes near slave labor at times. Even if it’s not true that were helping other countries, it’s the thought that counts. Do you know how much trouble it’ll be for us METI bureaucrats to deal with these other countries if we were OPENLY using and throwing away their workers? They would hate us. We can’t lose the important facade that we’re helping to develop poor countries. Why don’t we offer a certification program for those who want to abuse the trainees. It won’t mean dirt, but it’ll give us bureaucrats a bit more power and that’s not bad, right?
=======================================

More analysis of this issue and links to copious articles on this subject at:
http://japan.shadowofiris.com/immigration/will-the-permanent-government-fix-the-trainee-problem/

But let’s go the very source of this issue–the original advocate of these programs–the Business Lobby in Japan:

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5) THE VIEW OF THE ORIGINAL ARCHITECT OF THESE PROGRAMS, KEIDANREN

Essentially another tier of government, Keidanren, has finally gotten around to summarizing and translating its policy proposals for the outside world’s consumption. (The original was long, which is why I hadn’t gotten to it myself. Sorry.)

What is Keidanren? In their own words:
==========================
Nippon Keidanren (Japan Business Federation) is a comprehensive economic organization born in May 2002 by amalgamation of Keidanren (Japan Federation of Economic Organizations) and Nikkeiren (Japan Federation of Employers’ Associations). Its membership of 1,662 is comprised of 1,351 companies, 130 industrial associations, and 47 regional economic organizations (as of June 20, 2006).

The mission of Nippon Keidanren is to accelerate growth of Japan’s and world economy and to strengthen the corporations to create additional value to transform Japanese economy into one that is sustainable and driven by the private sector, by encouraging the idea of individuals and local communities.

Nippon Keidanren, for this purpose, shall establish timely consensus and work towards resolution of a variety of issues concerning Japanese business community, including economic, industrial, social, and labor. Meanwhile, it will communicate with its stakeholders including political leaders, administrators, labor unions, and citizens at large. It will urge its members to adhere to Charter of Corporate Behavior and Global Environment Charter, in order to recover public confidence in businesses. It will also attempt to resolve international problems and to deepen economic relations with other countries through policy dialogue with governments, business groups and concerned international organizations.
http://www.keidanren.or.jp/english/profile/pro001.html
==========================

What they don’t mention is their hand in these guest-worker scams. So now how do they propose to remedy the problem?

According to their newest proposal, “Second Set of Recommendations on Accepting Non-Japanese Workers (Summary)”, dated March 20, 2007 (see it in full at https://www.debito.org/?p=431), Keidanren advocates more labor rights for NJ workers, and GOJ involvement in securing stable livelihoods.

This is a step in the right direction, to be sure, thanks. But Keidanren itself says in its writeup that it made similar calls for the very same in 2004. As the media and policy outcry shows, this has not done the trick. Just advocating it don’t make it so.

Keidanren also encouraging more training and a skilled workforce (understandable in principle), but advocates putting the onus on the worker to prove himself in terms of assimilation and qualification (understandable in principle, but unclear in practice; who’s going to test these people?)

Moreover, Footnote One below shows they are still in Never-Never Land regarding the role of NJ in Japanese society:

==========================
Japan’s population has started to decline, but Nippon Keidanren’s aim in calling for Japan to admit more non-Japanese workers is not to fill the gap caused by this drop in population. According to forecasts, if nothing is done to reverse the depopulation trend, the retirement of the so-called baby boom generation will, 10 years from now, leave Japan’s labor force with four million fewer workers. It would not be practical to cover this shortfall entirely through the admission of non-Japanese people. Nippon Keidanren’s basic position is that non-Japanese people should be admitted to introduce different cultural ideas and sense of values into Japanese society and corporations and to promote the creation of new added value, as this would accelerate innovation, one of the three factors implicit in a potential growth rate (the other two being labor and capital).
==========================

I see. We’ll suck the ideas from them but won’t let them be a part of Japan. Yeah, right.

Look, Keidanren, get real. You brought these people here to keep your factories internationally competitive. Now figure out a way to take care of them, well enough to make them want to stay. For heaven’s sake, lose the revolving-door disposable worker mentality, already. NJ workers are in fact an investment in Japan’s future.

And yet, despite the crappy visa conditions, the erstwhile ministerial indifference, and the general bad-mouthing of NJ by the likes of Tokyo Governor Ishihara and the National Police Agency, NJ just keep on coming…

//////////////////////////////////////////////////////////////////////////

6) REGISTERED NJ POPULATION HITS RECORD NUMBERS AGAIN IN 2006: 2.08 MILLION
…the Permanent-Resident “Newcomers” prepare to outnumber the “Oldcomers” by 2008

Latest figures for the population of registered NJ residents (i.e. anyone on 3-month visas and up) were made public last week by the Ministry of Justice (see them for yourself at http://www.moj.go.jp/PRESS/070516-1.pdf)

These are up to the end of 2006 (it takes about 5 months to tabulate the previous year’s figures). The headline:

===========================
FOREIGN RESIDENTS AT RECORD HIGH
The Yomiuri Shinbun May. 22, 2007

http://www.yomiuri.co.jp/dy/national/20070522TDY01002.htm

The number of foreign residents in Japan as of the end of 2006 hit a record-high of 2.08 million, increasing 3.6 percent from the previous year, according to the Justice Ministry’s Immigration Bureau.

The figure of 2,084,919 accounted for 1.63 percent of the nation’s total population.
By nationality and place of origin, the two Koreas combined had the largest share at 28.7 percent, or 598,219. But because of the aging population and naturalization, the number of special permanent residents is decreasing after peaking in 1991.

In order of descending share after the two Koreas, China registered 26.9 percent or 560,741; Brazil, 15 percent or 312,979; and thereafter the order was the Philippines, Peru and the United States…

By prefecture, Tokyo came top with 364,712. Thereafter, Osaka, Aichi, Kanagawa, Saitama, Hyogo, Chiba, Shizuoka, Gifu and Kyoto prefectures accounted for about 70 percent.

Gifu Prefecture increased by 7.6 percent from a year ago, and Aichi by 7.1 percent. The high rates of increase in the two Chubu region prefectures is thought to be attributable to the area’s favorable economic conditions.
(May. 22, 2007)
===========================
https://www.debito.org/?p=355

COMMENT: Oddly lost in translation from the original Japanese article (https://www.debito.org/?p=410) was the fact that this represents the 45th straight year the NJ population has risen. And at the rate reported above (3.6%), under the laws of statistics and compounding interest rates, this means the NJ population will again double in about 20 years.

It took twenty years to double last time, so the rate is holding steady. In fact, although the average is usually around a net gain of 50,000 souls per year, 2006 saw a gain of about 70,000. Accelerating?

The bigger news is this, though only briefly alluded to above:

Japan has two different types of Permanent Resident: The “Special PRs” (tokubetsu eijuusha), better known as the “Zainichi” ethnic Korean/Chinese etc. generational foreigners born in Japan, and the “General PRs” (ippan eijuusha), better known as the immigrants who have come here to settle and have been granted permission to stay in Japan forever.

Once upon a time, thanks to Japan’s jus sanguinis laws behind citizenship, most foreigners were in fact born in Japan–former citizens of empire stripped of their citizenship postwar and their descendents.

No longer. Every year, the number of “Oldcomers” are dropping, while the “Newcomers” are in fact catching up.

According to the MOJ, these are the raw numbers of people each year between 2002 and 2006 respectively:

Oldcomers:
489900 475952 465619 451909 443044

(rate of decrease 2005-2006 of 2%)
Newcomers:
223875 261001 312964 349804 394477

(rate of increase 2005-2006 of 12.8%)

If things continue at 2006’s rate, the number of “Newcomer” immigrants will surpass the “Oldcomers” this year, 2007!

Oldcomers: …434183 425499
Newcomers: …444,970 501926

which means that according to statistics, the Newcomers with PR will double again in a little under six years!

Of course, we won’t see the point of inflection officially until May 2008, but those are the trends. This is a major sea change, because with PR these people are probably here to stay forever, as per the terms of their visa.

As far as rights and internationalization advocates go, this should sound hopeful for increasing pressure on Japan to pass a law against racial discrimination. But I’m hearing rumblings:

According to sources I really cannot name, the “Oldcomers” have a much longer history of human-rights advocacy, and a greater sense of entitlement to “victimhood” than the upstart immigrants. It’s entirely likely the Zainichis might not be too cooperative. After all–they’ve suffered for generations and gotten a few policy bones thrown them by the GOJ. Why should they help make life any easier for others who haven’t paid their time and earned their stripes?

Those are some crystal-ball prognostications. Let’s see how things look in five to ten years, as the landscape keeps shifting under the advocates of human rights for minorities in Japan.

//////////////////////////////////////////////////////////////////////////

All for today. Thanks for reading!
Arudou Debito, Rochester, New York, USA
debito@debito.org, https://www.debito.org
DEBITO.ORG NEWSLETTER JUNE 3, 2007 ENDS

WSJ on Imported NJ workers on J farms and factories

mytest

Hi Blog. An excellent primer from the Wall sTreet Journal on why Japan is importing NJ workers and how they are getting along: less than half wages (one Filipino mentioned below gets $500 a month, and sends half of it back home!!), yet the unsung savior of many industries (Toyota, now the world’s #2 automaker, is dependent on them). The demographics of the situation also nicely interwoven into the article as well.

Are people still going to make the argument that Japan’s internationalization is not inevitable? Arudou Debito in Rochester, NY.

====================================

CRACK IN THE DOOR
Cautiously, an Aging Japan Warms to Foreign Workers
Loopholes Open Up Jobs In Farms and Factories;
Friction in Toyota City
By YUKA HAYASHI and SEBASTIAN MOFFETT
The Wall Street Journal, May 25, 2007; Page A1

http://online.wsj.com/article_print/SB118003388526913715.html
Courtesy of Matt Dioguardi at The Community

AKEHAMA, Japan — Four years ago, when a group of farmers in this remote village first brought in young Filipinos to work in their citrus fields, neighbors rebuffed the idea of hiring foreigners. “They said these men shouldn’t be hired even if they worked for free,” recalls Motosa Katayama, a ninth-generation farmer with a weather-beaten face.

But they soon saw the logic. The Filipinos performed strenuous tasks such as pruning branches and pulling weeds, becoming indispensable to the elderly farmers. Since then, Akehama, a village with just 100 households, has hosted a total of 70 workers from the Philippines and Vietnam.

“People began to realize it was so much better to have someone with you” on the field, says Mr. Katayama.

Japan, long known for its resistance to mass immigration, is gradually starting to use more foreigners — known as gaikokujin roudousha in Japanese — to solve its labor shortage. They are taking up jobs in rural areas where industries such as agriculture and textiles are struggling. Big companies are filling their factories with foreigners to assemble auto parts and flat-panel TVs. In cities, foreign workers serve meals at restaurants and stock shelves at grocery stores.

The 2005 census found Japan had 770,000 foreign workers, or 1.3% of its working population, up from 604,000 and 0.9% a decade earlier. That is still a far cry from the U.S., which has 22 million foreign-born workers, or 15% of the labor force. Nonetheless, for Japan it’s a big change.

WSJ 052507.png

Resistance to allowing in foreign workers runs strong in this island nation, where virtually everyone speaks Japanese and shares a similar ethnic and cultural background. From 1639 to 1854, Japan banned nearly all foreigners from entering the country. The only major immigration in modern times came before and during World War II, when several million Koreans came to Japan. At the time, Korea was a Japanese colony.

Even today, many Japanese believe that the country’s relatively homogenous population and common values contribute to a low crime rate and economic strength. But as the country is swept by drastic changes in its population and economy, Japanese are shaking off some of their traditional views. In a 2005 government public-opinion survey, 56% of respondents said Japan should accept unskilled foreign workers either unconditionally or if certain conditions are met. Only 26% said they were opposed to the idea under any circumstance.

Cut Off From Mainstream

The foreign workers currently don’t present an economic threat because they tend to do jobs that Japanese workers don’t want, such as agriculture and construction work. And many are dotted around the country in small, rural communities which are cut off from mainstream society.

What’s more, in a country where the public is strongly aware of demographic trends, many see foreign workers as inevitable in the long run. Because of the falling birth rate, Japan’s working-age population peaked in 1995 and is now falling. Demographers forecast that the number of working-age Japanese — aged 15 to 64 — will drop 15% by 2025 from 84.6 million in 2005. The drop will be especially sharp over the next few years as people born during Japan’s 1947-49 baby boom turn 60, the official retirement age at many companies.

The Japanese government has kept a tight grip on foreigners and their activities. While officially keeping the door closed, it has permitted numerous loopholes that enable hundreds of thousands of foreigners to come and work in Japan every year, mostly on a temporary basis — a strategy that some call a “backdoor policy.”

The young men in Akehama, for example, aren’t technically employed as workers. They are among 140,000 “trainees” brought to Japan under a three-year government-approved program that is supposed to teach them skills that they will take back to their countries. Some trainees are paid just $2.50 an hour, around half the lowest of Japan’s minimum wages, which vary by region.

In addition, some 100,000 foreigners with student visas are allowed to work part-time, and most do so at low-wage jobs in convenience stores and fast-food restaurants. And about 300,000 descendants of Japanese who emigrated to South America more than 50 years ago now live and work in Japan, granted visas as relatives of Japanese citizens.

This quiet, backdoor policy could backfire if the number of foreigners swells quickly or workers start competing for more mainstream, blue-collar jobs. Already the media has played up a rise in crime committed by foreigners. Serious offenses by foreigners such as robbery and rape are up 67% over the past 10 years although the absolute number of such crimes remains low.

At least one high-profile politician, Shintaro Ishihara, governor of the Tokyo metropolitan region, has made a name for himself with verbal attacks on foreigners, saying foreigners “are carrying out extremely heinous crimes.” In a sign that many Japanese welcome his outspoken style, he was elected to a third four-year term on April 8.

The Japan Association of Corporate Executives, a powerful business lobby that supports allowing more foreign workers in Japan, projected that by 2050, foreigners would exceed 6.1% of Japan’s working-age population — the current level in France, and nearly five times the current level.

“By not calling these people workers and leaving things vague in a typical Asian fashion, the Japanese government retains tremendous control over the situation for now,” says Bui Chi Trung, a sociology professor from Vietnam at Aichi Shukutoku University near Nagoya. But without a clearer definition of the role of foreigners in the work force, he says, the issue may lead to social instability. “Japan may pay dearly for this policy,” he says.

First Opening

The first big opening for foreign workers came in the booming late 1980s, when Japan allowed tens of thousands of Iranians to come on tourist visas — after which they stayed on, illegally, to work. When the economy slowed, the government made Iranian visitors meet the tighter entry requirements already required for people from most developing nations.

A more significant experiment involved Latin Americans of Japanese descent. In 1990, the government made it clear that most descendants of Japanese emigrants — in particular the children and grandchildren of those who left to work as farmers in Brazil during the first half of the 20th century — were free to work in Japan for as long as they wished.

Officially, the reason was unrelated to a labor shortage. “It was just a natural thing to take back the descendants of Japanese people who had left a while ago and now wanted to come back,” says Saori Fujita, an immigration policy planner at the ministry of justice.

As Japan’s auto industry thrived — and developed a labor shortage — in the early 2000s, the large Brazilian community around Toyota City became a vital part of the labor force.

Aisin Seiki Co., which supplies Toyota Motor Corp. with parts such as transmissions, employs about 1,700 Brazilians among its 6,000 factory workers. The company has found it hard to recruit new Japanese workers, who increasingly shun factory jobs. Most Brazilian workers are hired on a contract basis, which means they can be laid off more easily in a downturn — or if Aisin decides to move more production overseas. “Aisin was taking on fewer new employees” during Japan’s long downturn in the 1990s, says Ryuichiro Yamada, a human-resources personnel manager. In this decade, “when business boomed, we didn’t have enough people.”

Because many of the Brazilians don’t speak Japanese well, they generally do routine tasks that require less explanation, such as preparing products for shipment. Aisin employs 20 interpreters and has translated essential notices and manuals into Portuguese.

Though most Brazilians intended to stay just a few years to make quick money, many are deciding to remain in Japan. That means Japan is acquiring its first foreign-language community since it brought over Koreans to work in factories during World War II.

A public-housing complex in Toyota City called Homi Estate was built in the 1970s to house workers at Toyota’s parts suppliers. Now, 45% of the roughly 9,000 residents are South American, predominantly Brazilian. A Japanese supermarket on the estate closed down last year and a shopping center owned by a Brazilian took over the premises.

Japanese residents complained at first about the loud music young Brazilians played and the motorbikes they allegedly stole. But they eventually realized the Brazilians were there to stay, and made an effort to educate them in Japan-style living.

“You have to talk to them one-to-one,” says Kinuyo Miyagawa, 59, a long-term Homi resident who is active in the local residents association. She explained Japan’s elaborate process of putting out the trash on particular days for different categories, such as burnables and items for recycling.

More recently, foreign workers have expanded to include fruit pickers, scallop packers and garment-factory workers. They support struggling businesses in rural Japan where the population is declining rapidly as young people move to cities.

Most of these workers have arrived under the government-sponsored trainee system, originally created to allow big companies to train their overseas staffers in Japan, and gradually expanded to include small companies with a labor shortage. Last year, Japan brought in 68,305 trainees — twice the number in 2001. The trainees initially receive a one-year visa, and they can extend their stay for an additional two years. Most choose to do so. Once their three years are up, they can’t get a trainee visa again.

Factories Keep Going

The 53 garment factories in Ehime prefecture in western Japan, known for its towel and garment manufacturing in the 1960s, have been clobbered by cheap imports from the rest of Asia. They keep going thanks to some 300 trainees from China, who work at 36 of these factories — all of them small companies with a few dozen employees — where they sew skirts, blouses and school uniforms. The trainees are paid a little over $500 a month. Employers say they cost about the same as Japanese workers after paying for their room and board, training and travel expenses. Still, with so few Japanese workers willing to join the industry, factory owners even charter flights from China to bring them over.

The local industry association is now demanding that the government allow foreign workers to come in more freely. “We want the government to do away with this nonsense and create a system where people who want to come back are allowed to do so,” says Kohji Murakami, chairman of the association. “We need foreign workers, and we need them right now.”

Of course, problems inevitably arise. Trainees can’t change employers, and during their first year are not protected by Japanese labor laws. Last September, a 26-year-old Chinese trainee on a pig farm near Tokyo boycotted work after a pay dispute. A representative of the staffing agency that brought him to Japan arrived at the farm to send him back to China. The trainee then stabbed him to death, according to a police spokeswoman.

In December, a Chinese woman trainee in her thirties filed a civil suit against the host organization that brought her to Japan and its representative. The woman alleged she was raped many times by the head of the host organization, who had a key to her dormitory room. The organization fully admitted the allegations and settled out of court in February.

The government says it is planning to revise the system, including possibly allowing trainees to stay longer than the current three-year maximum. Officials have yet to agree on the details.

Many young workers are eager to come to Japan, attracted by wages that are higher than they are back home. Rimando Sitam, a Filipino who has worked on an Akehama citrus farm for two years, has a college degree in teaching but couldn’t find work at home. The 29-year-old sends home much of his monthly salary of $500. That covers more than half the living expenses of his parents and six siblings, who live on a small vegetable farm.

“So many farmers want to be trainees in Japan because we have no work in the Philippines,” says Mr. Sitam. “I want to stay here much longer or come back again if I can.” When his training period in Japan ends, Mr. Sitam is hoping to find a factory job in South Korea.

Mr. Katayama, the citrus farmer, likes the trainee system, as it’s helped keep his farm in business for the past few years. A powerful typhoon destroyed much of the orange crop in Akehama seven years ago, wiping out many neighboring farms. Mr. Katayama and a few of his neighbors bought some of the land so they could expand.

After failing to recruit young Japanese workers, the Akehama citrus farmers decided to try foreign workers, following the example of farmers in a nearby town. They recently set up their own recruiting agency to bring over new trainees. Most come from Benguet, a province in northern Luzon in the Philippines, where farms are struggling to compete with imports of Chinese vegetables. Akehama currently hosts eight trainees — two Vietnamese women and six Filipinos. Shipbuilding companies in a nearby town also employ some Filipino trainees.

“American farmers use Mexican workers to run their farms,” says Mr. Katayama. “So we said, why couldn’t we Japanese farmers use foreigners too?”

ENDS

Keidanren on Accepting NJ workers (March 2007)

mytest

Hi Blog. Essentially another tier of government, Keidanren, has finally gotten around to summarizing and translating its policy proposals for the outside world’s consumption. (The original was long, which is why I hadn’t gotten to it myself. Sorry.)

What is Keidanren? In their own words:

==========================
Nippon Keidanren (Japan Business Federation) is a comprehensive economic organization born in May 2002 by amalgamation of Keidanren (Japan Federation of Economic Organizations) and Nikkeiren (Japan Federation of Employers’ Associations). Its membership of 1,662 is comprised of 1,351 companies, 130 industrial associations, and 47 regional economic organizations (as of June 20, 2006).

The mission of Nippon Keidanren is to accelerate growth of Japan’s and world economy and to strengthen the corporations to create additional value to transform Japanese economy into one that is sustainable and driven by the private sector, by encouraging the idea of individuals and local communities.

Nippon Keidanren, for this purpose, shall establish timely consensus and work towards resolution of a variety of issues concerning Japanese business community, including economic, industrial, social, and labor. Meanwhile, it will communicate with its stakeholders including political leaders, administrators, labor unions, and citizens at large. It will urge its members to adhere to Charter of Corporate Behavior and Global Environment Charter, in order to recover public confidence in businesses. It will also attempt to resolve international problems and to deepen economic relations with other countries through policy dialogue with governments, business groups and concerned international organizations.
http://www.keidanren.or.jp/english/profile/pro001.html
==========================

What they don’t mention is this: A major policymaker for Japan Inc., Keidanren steered the GOJ into creating the infamous TRAINEE and RESEARCHER Visas from 1990, which have not only brought in hundreds of thousands of NJ workers working for half wages or worse (with no social safety net), but also resulted in huge scams and labor abuses. Articles substantiating this are all over this blog.

So now how do they propose to remedy the problem? Inter alia, more labor rights for NJ workers, and GOJ involvement in securing them more stable livelihoods. This is a step in the right direction, thanks, but Keidanren itself says below it made similar calls for such in 2004, and plenty of recent media articles indicate this has not done the trick. Just advocating it don’t make it so.

Keidanren also encouraging more training and a skilled workforce (understandable in principle), but putting the onus on the worker to prove himself in terms of assimilation and qualification (understandable in principle, but unclear in practice–who’s going to test these people?).

Moreover, Footnote One below shows they are still in Never-Never Land regarding the role of NJ in Japanese society:

—————————————
Japan’s population has started to decline, but Nippon Keidanren’s aim in calling for Japan to admit more non-Japanese workers is not to fill the gap caused by this drop in population. According to forecasts, if nothing is done to reverse the depopulation trend, the retirement of the so-called baby boom generation will, 10 years from now, leave Japan’s labor force with four million fewer workers. It would not be practical to cover this shortfall entirely through the admission of non-Japanese people. Nippon Keidanren’s basic position is that non-Japanese people should be admitted to introduce different cultural ideas and sense of values into Japanese society and corporations and to promote the creation of new added value, as this would accelerate innovation, one of the three factors implicit in a potential growth rate (the other two being labor and capital).
—————————————

I see–we’ll suck the ideas from them but won’t let them be a part of Japan. Yeah, right.

Look, Keidanren, get real. You brought these people here to keep your factories internationally competitive. Now figure out a way to take care of them, to make them want to stay. Forget the revolving-door disposable worker mentality, already. NJ workers are in fact an investment in Japan’s future. Arudou Debito in Narita

==========================

Second Set of Recommendations on Accepting Non-Japanese Workers
(Summary)

http://www.keidanren.or.jp/english/policy/2007/017.html
Courtesy of Tony Keyes at The Community
A pdf version of the Japanese document can be downloaded at:
http://www.keidanren.or.jp/japanese/policy/2007/017.pdf
Courtesy Kirk Masden at The Community

March 20, 2007

Nippon Keidanren
(Japan Business Federation)
I. Introduction

In its opinion paper, “Recommendations on Accepting Non-Japanese Workers,” released in April 2004, Nippon Keidanren recommended that the Japanese government take advantage of the diversified sense of values, experiences and skills of workers from other countries to increase Japan’s capacity to create added value. FOOTNOTE #1 The Recommendations proposed specific measures regarding facilitating the acceptance of non-Japanese workers in specialized and technical fields and in sectors where future labor shortages in Japan are anticipated, enhancing the Industrial Training Program and the Technical Internship Program, and improving the living conditions of non-Japanese workers in Japan based on three principles guiding the admission of foreign workers:

Exert sufficient control over the quality and quantity of those admitted;
Ensure respect for their human rights and prohibit discrimination;
Ensure benefits for both Japan and the countries from which the workers come.

Since the release of the first set of Recommendations, certain changes have occurred: new admission frameworks have been established as a result of Japan’s promotion of Economic Partnership Agreements (EPA) with other Asian countries, and there is now greater demand among Japan’s domestic industries for highly skilled human resources, especially technical personnel. Nippon Keidanren therefore considered problems that governments and local communities in Japan should resolve on a priority basis in order to deal with these changes, and also examined the enhancement of compliance systems within corporations hiring foreign workers. The result of that study is this second set of recommendations.

II. Overview

1. The need for Japan to admit more foreign workers

Japanese corporations are faced with a pressing need to acquire human resources from around the world, because they need to energize their organizations and increase their international competitiveness through the addition of a variety of sense of values and thought patterns. In addition, it is predicted that, in the future, Japan will not have enough skilled personnel in such sectors as nursing, care giving, agriculture, manufacturing, construction and machine assembly. It is therefore essential that Japan admit more foreign workers, a goal that can be achieved through deregulation.

2. Recent initiatives of Japan’s national government and ruling party
Guidelines Regarding Foreign Workers: An interim report from the ruling Liberal Democratic Party

In the July 2006 interim report named here, the Liberal Democratic Party’s Special Committee on Foreign Workers discussed: (a) extending the term of residence for highly skilled workers; (b) expanding the scope of “Skilled Labor” status of residence; (c) systematizing programs offering further training; and (d) fundamentally revising controls over alien registration and residence status. These measures should be taken.

Economic Partnership Agreements (EPAs) with other Asian countries

It is also important for Japan to continue admitting non-Japanese workers by using schemes under an EPA similar to that promoting the admission of nurses and caregivers under the Japan-Philippines EPA.

Commitments under the WTO General Agreement on Trade in Services

Japan’s June 2005 submission of its revised offer on liberalizing the movement of natural persons added commitments for the categories “Engineer,” “Specialist in Humanities/International Services” and “Skilled Labor,” in addition to its previous commitments regarding intra-company transferees and independent service suppliers. However, the revised offer only makes international commitments for the existing system. Full-fledged commitments accompanied by amendments to Japanese laws will be required.

3. Improvements in Japan’s social infrastructure, to promote the admission of non-Japanese workers FOOTNOTE#2

Clarification of the respective responsibilities of governments and the private sector

In light of the current situation, the Japanese government needs to change its basic policies on the admission of non-Japanese people, and relevant ministries and agencies should work together to improve their policy formation systems while strengthening ties with local governments. Local governments should enhance Japanese-language teaching programs, promote further education opportunities for the children of non-Japanese workers, and help improve the living environment for them. For their part, companies employing non-Japanese workers need to strengthen their compliance systems to ensure, for example, that they abide by the Labour Standards Act, and to provide assistance for the livelihood of non-Japanese residents. Governments and the private sector should each fulfill their respective responsibilities and establish admission and control systems that can be easily understood from the perspective of other countries.

Accurately understanding labor market needs; admission controls

Immigration controls need to be applied through a transparent, reliable system which is bolstered by clearly stated, widely known standards that form the basis of immigration and residence status decisions. One approach would be to regulate the number of non-Japanese workers in sectors requiring skilled workers using a labor market test.

Enhanced control of residence status and labor

It is important to link the alien registration system with the basic resident register system, since this would help local governments obtain a better understanding of circumstances surrounding residence of non-Japanese people and make it possible for them to more accurately provide services to these residents. As a labor control measure, the current Report on Foreign Workers should be modified to prevent illegal labor practices and to promote participation in social insurance programs.

Ensuring benefits for both Japan and the countries from where workers come

It is important that the admission of non-Japanese workers benefit both Japan and the countries from where they come, and this can be achieved in part by clearly identifying through bilateral agreements the responsibilities of the workers’ native countries, and by offering technical guidance and Japanese-language education in those countries through Japan’s Official Development Assistance programs.

III. Specific Recommendations

1. Admission of highly skilled human resources; intra-company and intra-group transfers

Admission of highly skilled human resources

To ensure a sufficient supply of highly skilled non-Japanese workers, the requirement of a minimum of 10 years of practical experience to qualify for “Specialist in Humanities/International Services” and “Engineer” status of residence should be eased as soon as possible. In addition, the system should be modified to permit non-Japanese workers to be accepted for a long period of time under a contractual agreement among companies, without the necessity of a direct employment contract signed by the hiring company and the non-Japanese worker.

Intra-company and intra-group transfers

The requirement of a minimum one year of practical experience to qualify for “Intra-company Transferee” status of residence should be eased. Many restrictions apply to the “Precollege Student” status of residence for transferees whose main purpose is language learning, but in such cases the “Intra-company Transferee” status of residence, or a similar status, should be granted.

2. Admission of non-Japanese workers for sectors lacking sufficient human resources

Nurses and caregivers

Now that an agreement has been reached on admission of nurses and caregivers under the Japan-Philippines EPA, the admission of such human resources from Indonesia, Thailand and other countries should be achieved as soon as possible through EPAs with those countries. In addition, current status of residence requirements should be eased to open Japan’s doors to nurses and caregivers even from countries with which Japan does not have an EPA.

Skilled workers for manufacturing and other sectors

In order to eliminate the current and future chronic shortage of skilled workers in such sectors as manufacturing, construction and machine assembly, the Japanese government should consider admitting non-Japanese workers who meet requirements such as knowledge of a certain level of Japanese, conditional upon the introduction of a labor market test. For the immediate future, their admission should be promoted through arrangements under bilateral agreements, including EPAs, while ensuring tight control over their quality and quantity.

3. The Industrial Training Program and Technical Internship Program

Stable implementation of training programs

In order to ensure stable implementation of the Industrial Training Program and the Technical Internship Program FOOTNOTE#3, it is important to enhance compliance systems within the organizations and corporations employing non-Japanese workers, and to monitor admission conditions. In addition, the Ministry of Justice should revise its February 1999 guidelines on immigration and status of residence controls for those participating in the Industrial Training Program and Technical Internship Program, and severe penalties should be imposed on illegal actions.

Institutionalization of programs offering further training

For those who have received on-the-job training and wish to further improve their skills, readmission for practical training for a two-year period should be permitted, conditional upon trainees having achieved a certain level of expertise in the Japanese language and work skills, and upon having provisionally returned to their home country.

4. Terms of residence; application for a Certificate of Eligibility

Extension of terms of residence

The maximum term of residence granted for each relevant residence status should be extended from three to five years, with the exception of cases where the term is not fixed, and it should be permitted to select the term of residence, up to the five-year maximum, depending upon the kind of work the foreign worker is engaged in.

Simplification of the application procedure for a Certificate of Eligibility; greater transparency of procedures

It should be possible to make applications online, and the time required for standard processing should be shortened. Furthermore, a company group’s subsidiary that is responsible for personnel affairs at the hiring corporation should be permitted to submit applications as a proxy. In addition, procedures should be simplified for proxy applications by corporations with a good record in employing non-Japanese workers in the past. It is also important to improve procedural transparency by, for example, categorizing cases in which a certificate would not be granted, and stating the reason when it is not granted.

5. Residence and labor controls; support for living in Japan

Residence controls

A new Basic Register for Non-Japanese Residents should be established to provide the basis for authenticating matters relating to their places of abode and for facilitating the provision of government services.

Labor controls

The Report on Foreign Workers should be fundamentally modified to require employers to report on non-Japanese workers’ nationalities, statuses of residence, terms of residence and employment patterns, and this information should be used for immigration control purposes, to know where non-Japanese personnel are working and to ensure they participate in social insurance programs.

Inclusion of non-Japanese workers within the social insurance system

To promote the inclusion of non-Japanese workers in Japan’s pension and health insurance programs, the system providing for the lump sum repayment of pension contributions to non-Japanese withdrawing from the Japanese pension system should be revised, and consideration should be given to measures permitting the reimbursement of the total personal contribution portion of social insurance premiums. In addition, social insurance agreements should be signed to provide for the avoidance of double payment of pension contributions and social insurance premiums.

Living expense assistance for non-Japanese residents

There is a need for private enterprises, local governments, international exchange associations, non-profit organizations and other entities to work together to successfully address such issues as finding housing, Japanese language teaching, and education for the children of non-Japanese workers. Furthermore, a study should be conducted into the establishment of schemes for the disbursement of funds in each region by the national government and local governments, with private companies also contributing on a voluntary basis, to provide the financial assistance some non-Japanese workers may require for their livelihood.

============================
FOOTNOTES

#1 Japan’s population has started to decline, but Nippon Keidanren’s aim in calling for Japan to admit more non-Japanese workers is not to fill the gap caused by this drop in population. According to forecasts, if nothing is done to reverse the depopulation trend, the retirement of the so-called baby boom generation will, 10 years from now, leave Japan’s labor force with four million fewer workers. It would not be practical to cover this shortfall entirely through the admission of non-Japanese people. Nippon Keidanren’s basic position is that non-Japanese people should be admitted to introduce different cultural ideas and sense of values into Japanese society and corporations and to promote the creation of new added value, as this would accelerate innovation, one of the three factors implicit in a potential growth rate (the other two being labor and capital).

#2 The number of foreigners registered in Japan reached more than 2 million in 2005. Although there has been a decline in the number of so-called “old-comers,” primarily South Korean nationals, the number of foreign nationals of Japanese descent, especially from Brazil and Peru, is now rising, and the number of foreigners working in specialized and technical fields, whose admission is being promoted nationwide by Japan, is slowly but gradually increasing as well. Even so, the number of all of these represents only about 1.5% of Japan’s total population, which is certainly not high when one considers the country as a whole. However, foreigners of Japanese descent tend to congregate in certain cities and regions, and some areas are experiencing social problems as a result. In this section, Nippon Keidanren’s recommendations call for four measures to improve Japan’s social infrastructure in ways that promote the acceptance of non-Japanese people.

#3 The Industrial Training Program and Technical Internship Program are for people from abroad who are admitted to work in Japanese firms for a certain period of time in order to acquire the industrial techniques, skills and knowledge practiced in a developed country. The programs are designed to satisfy the need of primarily developing countries for trained human resources who will one day drive their national economic development and promote their industries. The Industrial Training Program helps trainees acquire Japan’s industrial and occupational techniques, skills and knowledge within one year (under the “Trainee” status of residence.) The Technical Internship Program offers, during employment, more practical and effective proficiency in the techniques, skills and knowledge for a maximum of two years (under the “Designated Activities” status of residence.)

KEIDANREN PROPOSAL MARCH 2007

Off to the USA for a week–blog may be updated less often

mytest

Hello Blog. I’m going back to my hometown area for a week (Upstate New York), both to see my family and to attend my 20th Cornell Reunion. So I probably won’t be able to keep up the pace of one new blog entry per day.

But I do have a long stretch (of course) on the plane, and two batteries. So I’ll probably work on my next newsletters in transit, and have them up here in due course.

Thanks for reading the Debito.org blog, as always! Arudou Debito in transit

Asahi on 2-Channel BBS: “Criticism mounts against forum”

mytest

Hi Blog. Another (rather pedestrian, but something for the uninitiated; even the GOJ comments–albeit flacidly–this time) article about the rolling controversy that remains 2-Channel, the world’s largest BBS, and a hotbed of anonymized libel (the “den of criminals” comment is not mine).

As always, 2-Channel adminstrator Nishimura gets quoted. Wish they’d asked more comments from the victims.

More on my (successful, but unrequited) libel lawsuit against them at

https://www.debito.org/2channelsojou.html

and

https://www.debito.org/?cat=21

Arudou Debito in Sapporo

=============================

Criticism mounts against forum

05/29/2007 THE ASAHI SHIMBUN

BY TOMOYA ISHIKAWA AND MARIKO SUGIYAMA

http://www.asahi.com/english/Herald-asahi/TKY200705290089.html

Courtesy of Dave Spector

Hiroyuki Nishimura is not one to play by the rules of others.

The 30-year-old founder of 2 Channel, the nation’s biggest online forum, has come under a growing barrage of criticism over his Web site, but he’s not paying much attention.

Since its creation in 1999, the forum has exploded in popularity. It currently boasts 10 million visitors monthly and brings in hundreds of millions of yen annually in advertising.

The forum’s most distinguishing feature, complete freedom and anonymity for posters, has led to much of its popularity. But it has also led to a pile of lawsuits against Nishimura.

So far, courts have awarded tens of millions of yen in compensation to complainants, but Nishimura has stated on his Internet blog and elsewhere that he has no intention of paying up.

“We are actually all living bound by an incomplete set of rules–you don’t have to pay if you simply refuse to pay. I mean, if I am going to be sentenced to death, I’d probably pay,” Nishimura said after one rare appearance in court.

2 Channel’s anonymity and sheer size have contributed to the site entering the social consciousness in a variety of ways. There was the case of an in-house whistle-blower who blew the lid on illegal company behavior.

And there were the “Densha Otoko” (train man) postings by an anonymous otaku who won his dream girl with the support of his online friends. The modern fairy tale became a book, a TV drama and a movie starring Takayuki Yamada and Miki Nakatani.

But there is a flipside; numerous complaints regarding libelous remarks and invasions of privacy.

The most recent case was after a 17-year-old boy in Aizu-Wakamatsu, Fukushima Prefecture, walked into a police station on May 15, saying he had killed his mother. The 2 Channel bulletin board exploded with rumors and information revealing the juvenile’s name.

As soon as the boy was arrested on suspicion of murder, 2 Channel was full of activity. One post said: “Here’s all the information I gathered about ‘–.’ Feel free to add anything that you’ve got.” The boy’s name, the names of the high school he attends and the junior high school he graduated from were all revealed.

Authorities asked 2 Channel moderators to delete 25 postings, stating they violated the Juvenile Law, which bans the publication of information that identifies minors accused of crimes. The request brought little change. In fact, a flurry of additional postings followed.

A Justice Ministry official said once information is posted on the site, it is extremely difficult to keep a lid on the data.

“Once you get written up on 2 Channel, the comments get quoted in other Internet blogs. Requesting deletion becomes an endless cat-and-mouse chase. There would be fewer problems if (the moderator) deleted the offensive post immediately.”

More than 50 lawsuits have been filed against Nishimura at the Tokyo District Court alone since 2001. A company in Tokyo took 2 Channel to court following a slew of postings stating the company was a “den of criminals.” Names of the company board members were posted. The company repeatedly asked that the posts be deleted, but to no avail.

In 2004, the company filed a provisional disposition with the Tokyo District Court. In June that year, 2 Channel was ordered to delete the comments. Nishimura refused to comply.

Two months later, an indirect enforcement was applied, imposing a fine each day until the request is met. Nishimura has refused to pay the fines.

According to 2 Channel’s internal guidelines, “Posts that have been subjected to court rulings will be deleted.” Yet the rule is there in name only.

A group of 300 voluntary self-elected moderators supposedly manage the 2 Channel site. But when it comes to a decision on whether to delete a post, Nishimura said: “If the post is obviously a crime, (it goes). We have our own criteria.”

Under a law enforceable since 2002, victims or Justice Ministry authorities can request a bulletin board’s operator to erase posts considered a civil rights violation and disclose sender information. Still, the request is not enforceable, and noncompliance does not carry penalties. Everything is left to the provider’s discretion.

According to one of the plaintiff’s lawyers, the accumulated fines from indirect enforcement orders has hit at least 430 million yen.

Nishimura has admitted that he draws an annual income of more than 100 million yen.

However, he has no real estate, and it is unclear how much he receives from a company on which he serves as a board member. Collection by seizing assets becomes difficult.(IHT/Asahi: May 29,2007)

ENDS

Yomiuri: GOJ split over what to do about Trainee Visa abuses

mytest

Hi Blog. It’s becoming a hot issue at last: What to do about all the NJ labor coming over here and getting abused by unscrupulous employers and officials. The Yomiuri offers a good overview, then Matt Dioguardi offers an even better overview of the GOJ debate and proposals popping up there to fix the situation. Kinda. Debito in Sapporo

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Govt split over foreign trainee program
Takeshi Kosaka, Masaharu Nomura and Soichiro Kuboniwa
Yomiuri Shimbun May 19, 2007

http://www.yomiuri.co.jp/dy/national/20070519TDY03003.htm

Government officials are engaged in a heated debate over an on-the-job training system for foreigners, which has been criticized by some as allowing employers to exploit foreign trainees as low-wage laborers.

Study panels established by the Health, Labor and Welfare Ministry and the Economy, Trade and Industry Ministry recently proposed a review of the system, while Justice Minister Jinen Nagase on Tuesday said he personally believes a new system for accepting foreign manual laborers should be introduced to replace the current system.

Concerned ministries, eyeing a drastic review of the foreign trainee system, plan to hold discussions on the issue with a view toward revising relevant laws in an ordinary Diet session in 2009.

But the motivations for any review vary markedly among the ministries, and it is unclear how these differing views can be reconciled.

The current system is widely used, with the number of small and midsize companies taking advantage of it rising considerably since 1990 over concerns about labor shortages.

However, there have been numerous reports of unlawful or improper action by host companies, such as a refusal to pay overtime wages and withholding foreign trainees’ passports or bankbooks.

It has also been revealed that in some cases, foreign trainees had to pay large fees to brokering organizations in their home countries before leaving for Japan. As a result, many foreign trainees went missing after entering Japan, to work illegally.

The succession of problems prompted the ministries separately to discuss a possible review of the system.

For the first of the three years of on-the-job training under the scheme, foreign trainees are not legally considered employees, and are thus not covered by the Labor Standards Law, the Minimum Wage Law and other laws protecting workers.

The labor ministry’s panel on May 11 compiled a plan that would abolish the one-year training period, to allow the workers to be treated as employees for the whole period.

One senior ministry official noted, “Even if foreign trainees are forced to work under terrible conditions, labor laws don’t cover them during the trainee period, so we have no way of protecting them.”

But three days later, the METI panel issued a report that said the one-year trainee period should be maintained.

“Companies shoulder the cost of accommodating the foreign trainees and also provide Japanese language classes and work-safety training,” a ministry official said. “If they’re made employees from the start, it could actually create a situation whereby they are abused as low-wage laborers.”

The economy ministry believes the best way to prevent improper treatment of foreign trainees is to toughen penalties on host companies, and introduce some sort of certification for legitimate host firms.

The two ministries’ proposals have some points in common, such as proposing extending the permissible period of stay for trainees in Japan from the current three years to five.

However, there are also noticeable differences between the two ministries’ positions. These differences stem largely from the fact that the labor ministry wants to expand the coverage of labor laws, while the economy ministry wants to give due consideration to the small and midsize companies accepting foreign trainees.

The justice minister’s proposal is to abolish the current system and introduce a totally new one to allow the acceptance of a wider range of foreign workers for short periods. It would also in effect lift the ban on domestic firms accepting foreign manual laborers.

Nagase has instructed the Justice Ministry to examine his plan based on the following premises:

— The purpose of accepting foreign trainees or workers will change from “contributing to the transfer of job skills as part of international cooperation” to “contributing to securing the necessary workforce in Japan.”

— Atrocious working conditions and extremely low wages for foreign workers are unacceptable.

— Foreign trainees or workers are not allowed to reenter Japan with the same visa status, to prevent them from permanently settling in the nation.

Justice Ministry officials were generally positive toward the minister’s plan, with one senior official saying, “By withdrawing the official rationale of international contribution, the debates can be grounded in reality.”

But some in the labor and economy ministries were critical of the justice minister’s plan.

One official said, “It’s too drastic to say the system should be scrapped just because there is a discrepancy between the goal and the reality.” Another was concerned the plan would completely overturn the government’s policy of not accepting foreign manual laborers, while a third said, “The current system has been, to a certain degree, effective as part of the nation’s international contribution.”

But all three ministries agree that a revised or completely new system should include measures to crackdown on overstayers through tighter immigration controls, and improvements in managing foreign workers’ information.

Since February, the Justice Ministry has been considering integrating control and management of immigration-related data held by the central government with data on foreign nationals’ resident registration held by municipal governments, so that overstayers can be identified more easily.

The labor and economy ministries plan to proceed with discussions on possible changes to the system, while cautiously eyeing moves by the Justice Ministry.

(Yomiuri Shinbun May 19, 2007)
=======================================

MATT DIOGUARDI ADDS:

Now recently three ministries have stepped forward with a plan to save the day. These would be:

The Ministry of Justice
The Ministry of Health, Labour and Welfare
The Ministry of Economy, Trade and Industry

There would seem to be the three views, roughly something like this …

Justice Ministry: Let’s stop pretending this is a trainee program and just admit openly that it’s a guest worker program. Then let’s be very clear that we expect labor laws to apply to the guest workers just like anyone else. We’ll crack down on the abuses. However, let’s be very clear that after the guests have stayed for three years, they MUST leave and they certainly can NOT come back. We don’t want these poor low life scum ruining Japanese society and culture.

Labor Ministry: Let’s just reform the system a bit. Let’s throw out the Industrial Training Program and instead focus on the Technical Internship Program. And you know that clause we’ve got about labor law not applying for the first year, well, let’s go ahead and apply it. That should fix things up, well, you know, maybe a little. I mean, this whole system is pretty lucrative for us bureaucrats, so let’s not rock the boat too much.

Economics Ministry: Let’s not let go of the idea that Japan is trying to help other countries by training their people. So what if the program becomes near slave labor at times. Even if it’s not true that were helping other countries, it’s the thought that counts. Do you know how much trouble it’ll be for us MITI bureaucrats to deal with these other countries if we were OPENLY using and throwing away their workers? They would hate us. We can’t lose the important facade that we’re helping to develop poor countries. Why don’t we offer a certification program for those who want to abuse the trainees. It won’t mean dirt, but it’ll give us bureaucrats a bit more power and that’s not bad, right?…

MORE ANALYSIS OF THIS ISSUE AND ARCHIVING OF ARTICLES AT MATT DIOGUARDI’S BLOG (CLICK HERE)
ENDS

Dietmember Hosaka critical of “thought screening” in new J jury system

mytest

Hi Blog. Excerpting an excellent article from Chris Salzberg at Global Voices Online on Japan’s upcoming jury system (from May 2009). He translates Lower House Dietmember Hosaka Nobuto‘s questioning of the Justice Minister et al regarding their proposed screening of applicant citizen jurors in the new and upcoming jury for criminal cases.

I don’t want to cut and paste in Chris’s entire blog entry, so see it here. But I will paste below his and his partner’s translation of Hosaka’s blog entry (Japanese original here or up at the abovementioned Chris blog link).

This is very important, since for once Japan’s judiciary is trying to open the sacerdotal system of judicial decisionmaking to more public input and scrutiny. And here they go all over again trying to screen jurors to make sure they are sympathetic towards (i.e. trusting of) the police. The police and prosecutors have enough power at their disposal to convict people (to the point of raising hackles at the UN Committee Against Torture) without proposing to stack the jury too.

Again, it’s best written up at Chris’s blog, so also take a look at that. Arudou Debito in Sapporo

==============================
(Written by Chris Salzberg and Tokita Hanako)

…It is only against this backdrop of the chronic problem of forced confessions that Hosaka’s blog entry can really be understood. The blog entry is called “The hidden ‘trap’ of the citizen judge system: thought checking in citizen judge interviews“, and begins:

Yesterday, in the Lower House Committee on Judicial Affairs, I questioned [the government] for 40 minutes over a legal revision of criminal proceedings to institutionalize “Participation in the Judicial Action of Crime Victims”. In exchanges between the Supreme Court and the Justice Ministry, a state of affairs was revealed in which the legal system would be swayed from its foundation by a “wide range of views from a group of citizens chosen by drawing lots”, part of the [new] citizen judge system. When a police officer is called by the prosecution to testify as a witness, it is permissible to ask the citizen judge candidates and the court of justice: “Do you have trust in the investigation of this police officer?” If you answer: “No, I do not trust this police officer”, then the prosecutor can judge that “A fair trial cannot be guaranteed” and can instigate a procedure in which, without indicating any reasons, a maximum of 4 candidates can be disqualified.

The 6 members of the citizen judge system, acting as “representatives of the people”, under this filtering by the prosecution, becomes a group of only “well-intentioned citizens without any doubts about the police”; this in turn has a huge influence in court battles in which the prosecution argues with the defence over the “voluntariness of confessions” [extracted by the police]. The investigation has the authority to perform a “thought check” on these delegates of the citizen court system, chosen by “drawing lots”, related to issues such as their “degree of confidence in the police investigation” and their “view on the death penalty”, and, without stating any reason, can carry out a “challenge” procedure to eliminate up to 4 candidates. I am shocked that this scheme has been hidden. For the “bureaucracy”, this very convenient “well-intentioned citizen without doubts about the bureaucracy”, chosen from the entire population by drawing lots, is nothing more than a disguise under the name of “participation in the legal system”. If the three elements of the judicial community have concocted these “unacceptable questions” which could impinge on the freedom of thought and creed, we cannot ignore this. Below I have presented a tentative record [of the proceedings]. Starting next week, I will try to put the brakes on this reckless degeneration of justice. Please have a look at the exchange that took place in the Committee of Judicial Affairs, reproduced below.

The rest of the blog entry consists of the proceedings of the Diet session, translated here in their entirety:

Hosaka
There was an article in yesterday’s newspaper about the finalization of the essentials of a supreme court outline relating to procedures for the court of justice’s new citizen judge system. In this article, it was explained that the citizen judges would be questioned in an oral consultation or interview. In these consultations or interviews, “investigator testimony” — i.e. in cases in which the police officer (witness) is scheduled to testify — if there is an appeal by the person concerned (prosecution), then the presiding judge can ask: “Are there any circumstances in which you would be able to trust this investigation conducted by the police and others? Or, alternatively, are there any circumstances about which you do not have particular confidence?” In cases in which the answer is “no”, no further questions are asked [of the candidate citizen judge]. In cases in which the answer is “yes”, the citizen judge is asked: “What kind of circumstances are these?” Depending on the answer to this question, if necessary, the candidate citizen judge is then asked: “Do you think you can consider the contents of the police officer’s testimony and render a fair judgement?” The citizen is assessed on the basis of the existence or nonexistence of doubts about the fairness of the trial. What is the meaning of this? We are all acutely aware of the fact that there are cases, such as the Shibushi incident, in which police investigations have gone much too far. One of these citizen judge candidates might for example say: “Police investigations sometimes do things behind closed doors, so in this sense perhaps they go too far.” What is the intention of this questioning?

(Detective Superintendent of the Secretariat of the Supreme Court) Ogawa
I will answer the question. In cases in which there are arrangement procedures preceding the public trial, when it becomes known either that applications are being processed for an investigator witness, or that an investigator is scheduled to appear, in cases in which the party concerned has made a request, in order to assess whether or not there is any possibility that judgement about the “confidence in the verbal testimony of the investigator witness” will be dealt with in an unfair manner, we are right now considering questions indicated by the committee member (Hosaka) so that we can use it as one reference. In a practical sense, the court makes the decision, so how things will turn out, in concrete terms, is really a judgement to be made by the court.

Hosaka
I am asking this question to the Detective Superintendent of the Justice Ministry. In cases such as you just mentioned, in which the investigator appears as a witness, probably a confession has been made. However, what about cases in which, after the [confession], the person switches their position and issues a denial, and raises doubts about the voluntariness of the “recorded confession”? I believe that there are many cases of this kind. The court is asking questions: “Do you have trust in the investigation of the police officer?” If a candidate answers in an interview: “I have no trust at all. I think that it is strange, all these things going on behind closed doors recently,” then the investigator is able to challenge the candidacy of the citizen judge. Could this be a reason for disqualification?

(Someone from the ruling party [LDP] exclaims:
They can do that? Hosaka’s explanation to this ruling party member: “Yes, they can issue challenges. Without giving a reason, they can disqualify up to 4 candidates. How will the prosecution judge people who have doubts in their mind about the police officer?”)

(Detective Superintendent of the Secretariat of the Supreme Court) Ogawa
On the question of under what circumstances an investigator can, without indicating any reason, challenge [the candidacy of a citizen judge], we really haven’t done any concrete investigation on this. I think it is up to the judgement of the investigator in each individual case.

Hosaka
I request that the Minister of Justice share his thoughts on this. The citizen judges are chosen by drawing lots. From a list of registered voters in the Lower House elections. However, in this process, in cases in which [the candidate citizen judge] says: “I have a bit of trouble placing my trust in this police investigation”, the prosecution can declare that “We challenge [the candidacy of] this citizen judge”. The citizen judge may then be excluded. ……if citizen judges become the object of such challenges, I wonder if we can really say that this is a system which draws on an even distribution of representative views of people from the entire country? I am extremely concerned. What do you think about this situation?

Justice Minister Nagase
I remember that there were various views expressed when the citizen court system was being set up. “If this is in there, then won’t everybody be judged innocent?”, “No, everyone will be sentenced , right?”, I remember that there were arguments like this. The concerns that you are expressing now are I believe related to those earlier arguments. However, in the three branches of government, in an appropriate manner, we are working toward a citizen judge system that reflects the good sense of the average citizen, not some kind of legal debate in which people quibble over every insignificant detail.

Hosaka
My intention is not to quibble over every insignificant detail. What we have to debate about, in a broader sense, is the participation, in the court of justice, of the “victim” within the citizen judge system. As we now understand the meaning of the “challenge” [of candidates], I want to have a thorough debate on this issue.
ENDS

保坂衆議院議員:裁判員制度の知られざる「罠」、裁判員面接で思想チェックを問う

mytest

ブロク読者の皆様おはようございます。有道 出人です。

年金問題の大騒ぎで気付いていないことかもしれませんが、きのう、衆議院保坂展人氏ブログによると、これから「犯罪被害者の訴訟参加」の「思想チェック」を実施するようです。

「どれぐらい警察官を信じるのか」をチェックしてから陪審員として取り入れるかどうかを決心するようです。衆議院法務委員会で表面化したことを転送します。長勢法務大臣の返答も入っています。これはGlobal Voices OnlineのChris Salzbergさまからいただいたお知らせです。感謝いたします。

早速記載しますが、宜しくお願い致します。有道 出人

=================================
裁判員制度の知られざる「罠」、裁判員面接で思想チェック
保坂展人衆議院議員 著
裁判員制度を問う / 2007年05月26日
http://blog.goo.ne.jp/hosakanobuto/e/27f78e12828b4ce61eb1beb8d0ab42ff)

昨日は、衆議院法務委員会で「犯罪被害者の訴訟参加」を制度化する刑事訴訟法改正案の質疑を40分行った。この最高裁と法務省とのやりとりの中で、裁判員制度の「くじで選ばれる国民の幅広い意見」という根底から揺らぐような事態が明らかになった。検察側が「警察官」を証人として出廷される時に、裁判所に対して裁判員候補に対して「あなたは警察官の捜査を信用していますか」と質問させることが出来る。「いや、信用ならないですね」と答えると「公平な裁判が保障されない」と検察官が判断して最大4人まで理由を示さずに「忌避」の手続きを行うことが出来るというものだ。

「市民の代表」として出てくる6人の裁判員たちは、検察側のフィルタリングにかけられた「警察を疑わない善意の市民」ばかりとなり、「自白の任意性」をめぐって弁護側と激しく争う事件について、大きな影響を与えるのは間違いない。「くじ」で選ばれた裁判員候補を、捜査権力が「警察の捜査への信頼度」「死刑についての考え方」などに対して「思想チェック」をして、理由を述べずに4人まで「忌避」という排除手続きを取るという仕組みが隠れていたことに愕然とする。「官」にとって、都合のいい「官を疑うことなき善良な市民」が国民全体から「くじ」で選ばれたとすれば、これは「市民の司法参加・偽装」そのものである。法曹三者で国民の思想信条の自由を侵すような「許しがたい設問」をつくりあげていたとすれば、看過出来ない。以下に仮記録を示しておく。来週から、国会内で「裁判員制度を問う超党派議員の会」を呼びかけ、司法の変質と暴走にブレーギをかけていきたいと思う。以下、委員会でのやりとりを再現してみよう。

保坂 昨日の新聞に裁判所の裁判員制度の手続きに関する最高裁規則の要綱がまとまったという記事が出ています。そこで、質問を裁判員について口頭諮問というか面接でするわけですが゛、この中に「捜査官証言」、つまり警察官等(※証人)が予定されている事件において、当事者の求めがあった場合(※検察側)、裁判長が口頭で「あなたは警察等の捜査が特に信用出来ると思う事情がありますか。あるいは、逆に特に信用出来ないという事情がありますか」と質問をし、「いいえ」と回答した場合は、何も質問しない。「はい」と回答した場合は、「それはどのような事情ですか」と質問する。その回答によって必要がある時には、「警察官等の証言の内容を検討して公平に判断することが出来ますか」と質問をし、不公平な裁判をするおそれの有無を判断する、とある。どういう意味ですかね。我々は志布志事件などで警察の捜査も行き過ぎがあるということを随分認識しています。たとえば裁判員の候補者がですね、「警察の捜査も時々、密室で行われているから行き過ぎがあるかもしれません」と言うかもしれません。どういう意図でこの設問があるのですか。

小川最高裁事務総局刑事局長 お答えします。公判前整理手続きをやっていく際に、捜査官証人が申請される、また予定される事件があるとわかりました時に、当事者の方から求めがあった場合に「捜査官証人の証言の信用性」について不公平な裁判をするおそれがあるかないかという点を判断をするために、今、委員の御指摘のような質問をさせていただく、ひとつの判断資料となろうかと思います。実際には、裁判体が判断されますから具体的どうなるかというのは裁判体の判断となります。

保坂 法務省刑事局長に聞きたいのですが、今のような捜査官が証人として出てくる場合には、おそらく自白はしている、しかし、その後に否認に転じて、「自白調書」の任意性に疑いがある場合、こういうことが多いんではないかと思います。裁判所が設問していますよね。「警察官の捜査等にどれだけ信用性を置いているかどうか」と。「私は全然信用していないんだ。最近は相当密室でおかしいと思う」と面接で言っていたら、検察官はこの裁判員候補者を忌避出来るんですね。忌避する理由になりますか。

(そんな事が出来るのか? と与党席からの声。「忌避出来るんですよ。理由を示さずに4人まで忌避出来るんです。警察官はどうかなあという人に対して検察側がどう判断するかどうか」と保坂議場の与党議員に説明)

小津法務省刑事局長  この件、検察官がどのような場合に理由を示さないで忌避するかどうかということは、私どもで何も具体的に検討しているわけではないわけで、個々の事件における検察官の判断ということになろうかと思います。

 保坂 法務大臣に感想を求めたいんですよ。裁判員というのはくじで選ばれるんですよね。衆議院選挙の有権者名簿で。しかし、その中で、「警察の捜査はちょっと私は信用出来ないですよ」と言った場合には、検察側から「この人、忌避」と出るかもしれない。……忌避の対象になってくると、本当に国民全体の意見を代表して、まんべんなく汲み上げた制度になるのかどうか、大変不安になってきたんですね。その点、どうですか。

長勢法務大臣 裁判員制度を創設する時、当時は色々な御意見があった事を思い出します。片一方は、「こんなのが入るとみんな無罪になってしまうんじゃないか」「いや、みんな重罪になってしまうんじゃないか」という議論があったことを思い出します。
今の議論もそういうことに関連しているのかなと不安を感じますが、法曹三者において適切にですね、こういうあまり重箱のスミをつつくような法律論じゃなくて、一般の国民の良識が反映されるような裁判員制度にしていきたいと思います。

保坂 重箱のスミをつつくような議論をしているつもりはありません。これは裁判で裁判員制度の中で「被害者」の方が参加されるというトータルなパッケージとしての議論をしなければならない。この「忌避」ということも今、わかってきたわけなので、トータルに議論したい。
(保坂議員のブログでコメントを)
===========================

裁判員制度の知られざる「罠」、裁判員面接での選別の論理
保坂展人衆議院議員 著
裁判員制度を問う / 2007年05月27日
http://blog.goo.ne.jp/hosakanobuto/e/8e2558afdb37d497aae9a00efcfa6c4c

昨日のブログには大変な数の反響を頂いた。土・日にも関わらず、弁護士会内部でも賛否両論の議論が起きているようだ。「裁判員制度」の導入が全国民を対象にしているだけに、誰もが「警察官の捜査を信用出来ますか」と裁判官から尋問を受けて、「NO」と答えた人たちはこの質問を要求した検察官から「理由を示さずに忌避」されて不選任となるという事態に正直言って私は驚いた。ところが、裁判員制度に関わってきた関係者からは、「何、今ごろゴタゴタ言ってるの。アメリカの陪審制でも同様の制度があるし、04年の立法当時にもそう議論にならなかったじゃないか」と、「驚いている人たちが出てきたことに驚く」という反応があるらしい。「アメリカでも陪審制…」と言う人たちに聞いてみたい。アメリカの捜査と日本の捜査は透明度は同一なのだろうか、と。陪審員が全員一致で判断するかどうかで有罪・無罪を決める陪審制と、多数決に従う日本の裁判員制度は同一の制度ではない。さらに、そのアメリカでも冤罪事件が後を絶たないことも忘れてはならない。
ここで、「面接・質問」と「忌避」「不選任」の条文を見ておこう。

「裁判員の参加する刑事裁判に関する法律」

(裁判員等選任手続の方式)
第三十三条  裁判員等選任手続は、公開しない。
2  裁判員等選任手続の指揮は、裁判長が行う。
(省略)

(裁判員候補者に対する質問等)
第三十四条  裁判員等選任手続において、裁判長は、裁判員候補者が、職務従事予定期間において、第十三条に規定する者に該当するかどうか、第十四条の規定により裁判員となることができない者でないかどうか、第十五条第一項各号若しくは第二項各号若しくは第十七条各号に掲げる者に該当しないかどうか若しくは第十六条の規定により裁判員となることについて辞退の申立てがある場合において同条各号に掲げる者に該当するかどうか又は不公平な裁判をするおそれがないかどうかの判断をするため、必要な質問をすることができる。
2  陪席の裁判官、検察官、被告人又は弁護人は、裁判長に対し、前項の判断をするために必要と思料する質問を裁判長が裁判員候補者に対してすることを求めることができる。この場合において、裁判長は、相当と認めるときは、裁判員候補者に対して、当該求めに係る質問をするものとする。
3  裁判員候補者は、前二項の質問に対して正当な理由なく陳述を拒み、又は虚偽の陳述をしてはならない。
4  裁判所は、裁判員候補者が、職務従事予定期間において、第十三条に規定する者に該当しないと認めたとき、第十四条の規定により裁判員となることができない者であると認めたとき又は第十五条第一項各号若しくは第二項各号若しくは第十七条各号に掲げる者に該当すると認めたときは、検察官、被告人若しくは弁護人の請求により又は職権で、当該裁判員候補者について不選任の決定をしなければならない。裁判員候補者が不公平な裁判をするおそれがあると認めたときも、同様とする。
(以下省略)

この法律は04年の国会で全会一致で成立している。しかし、この裁判長の質問の具体的な内容と、検察官の「忌避」と不選任の流れが、明確に語られることはなかった。国会審議の議事録で具体的に掘り下げた議論の形跡はない。たしかに「被告人」「弁護士」にも「忌避」の権利が同等にあるじゃないかという指摘もあるだろう。裁判員法は「公平な裁判をするかどうか」で国民を選別しようとしているが、
私たちは「裁判所が公平な裁判をするかどうか」を問うているのである。「公判前整理手続き」という名で「裁判迅速化」が進み、「厳罰主義」の風潮の中で「被告人」「弁護士」は、検察官と対等に選任手続きに臨めるだろうか。たぶん、昨日のブログで紹介した「質問案」を見て、私は背筋が寒くなって鳥肌が立ってしまった。それは「直観的」「感覚的」なものかもしれないが、公権力が国民をくじで呼び出しておいて、「警察を信じるか」「死刑についてどうか」と思想・信条、内面の関わる質問をしようとしていることに拒否感が強いのだ。弁護士の『ヤメ記者弁護士さんのブログ』も、さっそく反応してくれた。以下、紹介する。

(引用開始)
これは、大変なことだ。警察官の捜査に対して、批判的な気持ちを持っている人は、裁判からはずしてしまう。少しくらい、警察官が行きすぎたことをしていても、まぁ、悪いことをした奴を自白させるには手荒いこともしないとねって許してしまう人ばかりが、裁判員になるかもしれないということだ。

 質問自体は、「警察の捜査は特に信用できると思うような事情、あるいは逆に、特に信用できないと思うような事情がありますか」という一見公平なものであるから、問題ないのではないか、という反論がありそうだが、「特に信用できると思うような事情」がある人なんているだろうか?やはり、具体的には、「特に信用できないと思うような事情」が問題になるケース、例えば、自分の身内が警察の取調で酷い目にあったから信用できない、などというケースがほとんどだろう。
 
 その場合、検察は、裁判員から外してしまうことができるのだ…。あきれはてる。警察を信用する人によってしか裁判ができない、しかも、その裁判は、まさに警察官が証人として採用され、その証人の信用性が問題になろうとしているものばかりというのだ。刑事裁判が市民にさらされ、警察の不適切な捜査が市民によって問題化されることを恐れているのだろう。このような質問を用意すること自体、毛札は信用できないと自白しているようなもんだ。

 陪審制を採用している米国でも裁判官の質問制度はあるが、このようなアホな質問は許されない。

 例えば、マサチューセッツ州では、�事件の当事者・証人・弁護士を知っているか、�その事件について個人的に知っていたか、又はテレビ・ラジオ、新聞等から知っているか、�当該事件及びこの種の事件に意見を発表したり、又まとめたことがあるか、�どちらかに何らかの先入観又は偏見を持っているか、�当該事件に個人的興味・関心を持っているか、�その他当該事件に公正に対処できない何らかの事情があるかどうかの6問である(「陪審制度」第一法規)。

 まさに、その具体的な事件について、不公平な裁判をするかどうかが、問題とされているのであって、それ以外の政治信条について聞くことはない。

 なお、裁判員制度に伴うこの質問制度の問題点は、以上のことだけではない。

 死刑の適用が問題となる事件については、「起訴されてる○○罪について法律は、『死刑または無期懲役または○年以上の懲役に処す』と定めています。今回の事件で有罪とされた場合は、この刑を前提に量刑を判断できますか」という質問を裁判官にさせることができる。そのうえ、「できない」と答えた場合、「証拠によってどのような事実が明らかになったとしても、絶対に死刑を選択しないと決めていますか」と聞くというのだ。
 
 はぁ、それじゃあ、死刑積極論者しか残らないではないか!

 この質問がもし許されるとしたら、反対の質問として、「人を殺したら原則死刑にするべきだと思うか」という質問をして、するべきだと答えたら、排除する制度がある場合のみだろう(このような質問自体が許されないと考えるが…)。

 変な裁判員制度…。(引用終了)

幸いあと2年の時が残されている。今、きちんと議論をし徹底的に制度を検証しておかないと、取り返しがつかなくなってしまうと私は考える。

(昨日に引き続き、引用歓迎です)
(保坂議員のブログでコメントを)
ENDS

Asahi: Skimming off NJ trainees results in murder

mytest

Hi Blog. Yet another tale about Japan’s hastily-instituted and poorly-regulated NJ guest-worker program. Procuring cheap foreign labor to keep J industry from relocating overseas or going backrupt, the Trainee and Researcher Visa program scams have resulted in various human and labor rights abuses, child labor, and now according to the article below even murder. Quick comment from me after the article:

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Slain farm association official took fees from both Chinese trainees, farmers

05/28/2007 The Asahi Shimbun

http://www.asahi.com/english/Herald-asahi/TKY200705280329.html

CHIBA–A slain former executive of a farm association had forced Chinese trainees to pay sizable fees that had already been covered by the farmers who accepted the trainees, sources said.

The funds provided by the trainees remain largely unaccounted for, they added.

Most of about 150 Chinese workers on a farm training program offered by the Chiba Agriculture Association had paid between 40,000 yuan and 110,000 yuan (about 600,000 yen and 1.65 million yen) under the pretext of training fees and travel expenses, according to a survey conducted by the association.

“The system whose initial purpose is to transfer technologies to developing countries is being exploited as a juicy business,” Ippei Torii, general secretary of Zentoitsu Workers Union, which supports foreign workers, said of the foreign trainee-intern system.

“The government will have to tell businesses not to accept trainees from organizations that collect expensive fees from the trainees.”

The former executive was fatally stabbed in August last year in an attack that also injured two others.

A 26-year-old Chinese farm trainee, accused of murdering the executive and other charges, had been working about 50 hours a month overtime for token pay, even though the training program banned participants from taking on extra work.

After learning that the trainee told police he came to Japan after borrowing money in China, the farm association started the survey last autumn to determine how much and to whom the trainees paid such fees.

“We left everything to the former executive as far as the training program is concerned,” the association’s chairman said. “It was a lack of supervision.”

All of the Chinese trainees, except for about 10 who did not respond to the survey, said they paid money to a training center, which was established in or around 2002 in Heilongjiang province by the former executive.

The candidates for the training program took Japanese language lessons and other lectures for about four months before coming to Japan.

“I had to pay 69,600 yuan to an instructor and other officials under the name of the association,” one trainee was quoted as saying.

Another handed over documents on real estate, and the family of a third trainee made an additional payment, according to the survey.

Senior officials of the association said they had no knowledge on how the center had been operated or how the fees were collected because the late executive was solely in charge.

Since fiscal 1999, when the training program was initiated, the farm association had collected about 500,000 yen from farmers for each trainee accepted. The fees were for training and travel expenses.

“I thought I had shouldered all the expenses necessary for the trainees to come to Japan,” one farmer said. “I didn’t know they were paying fees.”

Part of the money from the trainees was transferred to an account held by a company whose board members included the late executive. Some of the funds went to another account under the name of a relative of a Chinese woman who had served as an interpreter for the former executive.

The woman, who was injured in the attack last August, told The Asahi Shimbun that trainees paid 40,000 yuan in training fees before leaving China.

In addition, 20,000 yuan in “guarantee money” was collected from their families in the second year after they came to Japan.

“But I did not know Japanese farmers were shouldering the training fees,” she said.

Japan International Training Cooperation Organization, an affiliate of the Ministry of Health, Labor and Welfare and four other ministries, is calling on organizers of training programs for foreign workers to ensure transparency in expenses involved. But there is no clear legal basis for such system. (IHT/Asahi: May 28,2007)

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COMMENT FROM ARUDOU DEBITO: Even GAIJIN HANZAI Magazine, a horribly-biased screed against NJ workers, residents, and immigrants (so awful that it was removed from shelves within days of going on sale last January) had a manga about this case sympathetic to the plight of these workers. Scans below.

This is especially surprising, in light of the fact that a different manga in the same book portrays Chinese–as a people–as natural-born killers).

You know these GOJ-sponsored programs must be pretty bad when they even turn off the xenophobes! Arudou Debito in Sapporo

GHpg832.jpg

http://www.flickr.com/photos/ultraneo/388097122/in/set-72157594531953574/

GHpg84.jpg

http://www.flickr.com/photos/ultraneo/388097712/in/set-72157594531953574/

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http://www.flickr.com/photos/ultraneo/388098273/in/set-72157594531953574/

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http://www.flickr.com/photos/ultraneo/388098750/in/set-72157594531953574/

ENDS

FT: UN Committee against Torture castigates Japan’s judiciary

mytest

Hello Blog. The Financial Times (London) reports that more bodies within the UN are joining the fray and pointing out Japan as not only a slacker in the human rights arenas, but also as sorely lacking in terms of checks and balances regarding the criminal procedure and the judiciary.

We’ve been saying things like this for years, glad to see it catching fire.

Pertinent UN Press Releases on this subject dated May 2007 are in the Comments section below the article (to save space), so do click on “Comments” at the very bottom if you are interested. Related article on how this pressure is starting to affect things (such as recording interrogations) blogged here.

The entire 11-page report being referred to in the FT article below is downloadable in MS Word format at
UNComttTortureMay2007.doc

Arudou Debito in Sapporo

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UN body attacks Japan’s justice system
By David Turner in Tokyo
Financial Times, May 23 2007

http://www.ft.com/cms/s/3dfc6122-08ca-11dc-b11e-000b5df10621.html
Courtesy of Ludwig Kanzler and Olaf Karthaus

A United Nations committee has castigated Japan’s criminal justice and prison system, listing a wide range of problems including the lack of an independent judiciary, an extremely low rate of acquittal and human rights abuses among detainees. The UN Committee Against Torture takes a broad interpretation of its brief, criticising the state’s physical treatment of citizens and the fairness of the justice system.

The report comes at an embarrassing time for Japan. The government has been trying to restore the country’s status as a nation with the moral and political authority of a world power, in addition to an economic powerhouse. Shinzo Abe has tried to accelerate this process since he became prime minister since last year, but with mixed results.

In an 11-page report completed last week, scarcely any part of the system escapes criticism. For example, it raises suspicions over a “disproportionately high number of convictions over acquittals”. There were only 63 acquittals in the year to March 2006, compared with 77,297 convictions, among criminal cases that had reached court, according to Japan’s Supreme Court.

In a version of the report released in Tokyo on Monday and described as “advanced unedited” [sic], the committee links the high conviction rate to the state’s emphasis on securing confessions before trial.

It cites fears about “the lack of means to verify the proper conduct of detainees while in police custody”, in particular “the absence of strict time limits for the duration of interrogations and the absence of mandatory presence of defence counsel”.

Parts of the law relating to inmates on death row “could amount to torture”, it says, criticising the “psychological strain imposed upon inmates and families” by the fact that “prisoners are notified of their execution only hours before it is due to take place”.

The committee also “is concerned about the insufficient level of independence of the judiciary”.

It attacks Japan’s dismissal of cases filed by “comfort women”, who were forced to work in military-run brothels during the war, on the grounds that the cases have passed the country’s statute of limitations.

The report, written after an 18-day session of the committee in Geneva, asks the Japanese government to consider a slew of measures, including “an immediate moratorium on executions”.

The committee issued its attack after receiving a report from the Japanese government on its efforts to prevent human rights abuses. All UN member states must submit such reports regularly, although the UN Committee scolds Japan for filing its report “over five years late”.

The committee’s findings are in line with complaints by human rights lawyers. But the report has attracted controversy within the UN.

Keiichi Aizawa, director of the Japan-based United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, told the Financial Times: “The treatment of offenders in Japan is fair.”

Japan’s Justice Ministry declined to comment on the report.
ENDS
============================

REFERENCED UN COMMITTEE AGAINST TORTURE REPORT ON JAPAN MAY 2007 AVAILABLE IN FULL IN MS WORD FORMAT:
UNComttTortureMay2007.doc

Click on “Comments” below to see UN Press Releases.

LAT: First recorded police confession OK as evidence

mytest

Hi Blog. I’ve talked numerous times on Debito.org (artery site here) about your rights when under “voluntary detention” and arrest by Japanese police. (Headline: As there is the presumption of guilt, you don’t have many at all, and those being interrogated will be under constant pressure to confess to something in lengthy tag-team police interrogations over the course of weeks.)

This is especially germane as the NPA’s tendency has been to target NJ for instant questioning, search, and even seizure while under suspicion for, say, cycling while foreign-looking.

However, the LA Times came out with an article with some good news–a recorded police interrogation admitted in court. Now let’s hope that with recent pressure from both popular culture (Suo Masayuki’s movie I JUST DIDN’T DO IT) and from overseas (the UN) results in more judicial oversight, and required recordings of all police interactions with suspects (with lawyers present as well). Don’t hold your breath, but still…

I’ll have something tomorrow blogged here on the UN’s Committee Against Torture, and their recent harsh words for Japan’s judicial system. Stay tuned. Debito in Sapporo

=======================
Case may shine light on Japanese interrogations
A suspect’s confession is admitted as court evidence. The move could pave the way for greater oversight of the country’s secretive investigation culture.
By Bruce Wallace, Los Angeles Times Staff Writer
May 26, 2007

http://www.latimes.com/news/nationworld/world/la-fg-confessions26may26,1,7852068.story?coll=la-headlines-world
Courtesy of Jon Lenvik

TOKYO — For the first time, a DVD recording of a suspect confessing his crime to police was admitted as evidence in a Japanese court Friday, a move that could lead to stricter checks on the lengthy, secret police interrogations that defense lawyers say result in pressure on suspects to make false confessions.

Prosecutors and police have long resisted demands from human rights activists and lawyers to record their questioning of suspects, who can be held without charge for 23 days in special police cells with limited access to defense lawyers.

But a court case here may open the way for greater oversight of the confession-based investigation culture.

Prosecutors record interrogation sessions only in cases of their choosing, and it was they who introduced the recording played during a murder trial in Tokyo District Court on Friday. The prosecution was seeking to demonstrate the credibility of a confession by a man accused of plotting the killing in a scheme to acquire insurance money.

Prosecutors asked the court to admit the recording as evidence when the accused changed aspects of his story during testimony.

But even though the prosecutors’ move was aimed at bolstering their case, it may also serve as a precedent for those who claim they confessed under coercion to demand that recordings of their interrogations be played in court as well.

Last week, the United Nations’ Committee Against Torture amplified Japanese activists’ call for an end to the nation’s system of pretrial detention of suspects in police stations without access to lawyers.

The committee said Japanese prosecutors were overly dependent on extracting confessions through long periods of incarceration and unlimited time for questioning, an investigative method that has resulted in an almost 100% conviction rate for cases that go to trial.

The committee demanded the 23-day holding period be shortened to match standards in other countries. And it said interrogations should be monitored by independent observers as well as recorded, so courts can later judge whether confessions may have been obtained through coercion.

“The Japanese police should now admit that they cannot investigate people for 23 days in detention,” said Eiichi Kaido, a lawyer who has been active in the campaign by Japanese bar associations to reform the system. “No other countries have such a long detention period. The U.N. report means the Japanese legal system has to be amended.”

The Justice Ministry said only that it was studying the U.N. report, noting that its recommendations cut across several government jurisdictions.

“We will examine it in a prudent manner and, depending on the content, will respond to it appropriately,” said Hiroshi Kikuchi of the ministry’s Criminal Affairs Bureau.

The government has shown little inclination to radically overhaul a system that is defended by police and that attracts little criticism from the Japanese public or media. The U.N. review of the justice system was largely ignored by media here, despite its charge that the Japanese system fails to meet minimal international standards in many areas.

The U.N. report also takes issue with Japan’s treatment of death row prisoners, noting that they await execution in solitary confinement that in some cases has stretched more than 30 years. It says Japan should consider commuting death sentences when the execution has been extensively delayed.

And it criticizes the Japanese practice of notifying prisoners of their execution only hours before it takes place. The U.N. condemned “the unnecessary secrecy and arbitrariness surrounding the time of the execution,” saying the measure imposes a psychological strain on prisoners and their families “that could amount to torture.”

bruce.wallace@latimes.com

Naoko Nishiwaki of The Times’ Tokyo Bureau contributed to this report.
ENDS

Asahi: GOJ grants to local govts to help NJ residents

mytest

Hi Blog. Old article I missed from March 2007 reporting that the central government is responding to requests from local governments for financial assistannce for their NJ residents. Excellent. Let’s hope that it’s not just seen as a temporary stopgap measure. These people need help getting along and assimilating. Good news. Debito in Sapporo

=====================================

Grants eyed to help foreigners settle
03/09/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200703090116.html

The central government will provide grants to 70 municipalities for measures to help their growing populations of foreign residents settle in the communities, officials said.

The new system will cover language programs for non-Japanese children before they enroll in school, improved disaster-prevention measures for foreign residents, and expenses to help them live in rental accommodations.

The Ministry of Internal Affairs and Communications plans to revise its ordinance later this month to offer the special grants to cover the municipalities’ expenses for fiscal 2006, the officials said. The measure may continue in and after fiscal 2007.

The number of registered non-Japanese residents in the nation nearly doubled to about 2.01 million in 2005 from about 1.07 million in 1990.

The grants will cover about 70 cities, towns and villages whose foreign populations have grown at a rate at least twice the national pace, according to the ministry.

Municipalities in Nagano, Shizuoka, Gifu, Aichi, Shiga and other prefectures are eligible for the grants this fiscal year.

Municipal governments with large populations of foreigners have been calling on the central government to shoulder expenses to deal with educational, medical and other issues related to the non-Japanese residents.

In the town of Oizumi, Gunma Prefecture, the number of registered non-Japanese residents grew from 1,315 in 1990 to 6,748 by the end of January 2007, a fivefold increase to a figure that now accounts for about 16 percent of the town’s population.

“We appreciate the fact that the central government is finally moving to take care of what has been a financial burden on the municipal government,” a town official said.

Of the foreign residents in Oizumi, 80 percent to 90 percent are from South America.

The town office spends about 50 million yen a year for measures to help non-Japanese residents, including employing assistant Japanese language teachers at elementary and junior high schools and producing Portuguese calendars that explain how to sort garbage and show the collection days.

In Hamamatsu, Shizuoka Prefecture, the population of residents from outside Japan has grown by about four times since 1990.

The Hamamatsu city government said it has allocated about 145 million yen in its fiscal 2006 budget for measures to help its estimated 30,000 non-Japanese residents.

The central government has distributed special grants to local governments to deal with natural disasters, heavy snowfalls and other needs.

The ministry will revise its ordinance on the special grants to include measures to deal with rapidly increasing populations of non-Japanese. (IHT/Asahi: March 9,2007)
ENDS

Yomiuri: Latest Stats on registered NJ numbers (2006)

mytest

Hi Blog. Latest figures for the population of registered NJ residents (i.e. anyone on 3-month visas and up) for 2006 (available at http://www.moj.go.jp/PRESS/070516-1.pdf) have just been made public by the Ministry of Justice (it takes about 5 months to tabulate the previous year’s figures).

The headline:

The numbers are still rising, regardless of the crappy visa conditions, the relative ministerial indifference shown the international families being raised in Japan, and the general bad-mouthing of NJ by the likes of Tokyo Gov Ishihara and the NPA.

In fact, although the average is usually around a net gain of 50,000 souls per year, 2006 saw a gain of about 70,000. Accelerating?

In any case, as the Japanese article states (https://www.debito.org/?p=410, this represents the 45th straight year the NJ population has risen, and at the rate reported below (3.6%), under the laws of statistics and compounding interest rates, this means the NJ population will double in about 20 years.

Got a little more to say, but I’ll save that for my next FUN FACTS. Debito in Sapporo

===========================

FOREIGN RESIDENTS AT RECORD HIGH
The Yomiuri Shinbun May. 22, 2007

http://www.yomiuri.co.jp/dy/national/20070522TDY01002.htm

The number of foreign residents in Japan as of the end of 2006 hit a record-high of 2.08 million, increasing 3.6 percent from the previous year, according to the Justice Ministry’s Immigration Bureau.

The figure of 2,084,919 accounted for 1.63 percent of the nation’s total population.

By nationality and place of origin, the two Koreas combined had the largest share at 28.7 percent, or 598,219. But because of the aging population and naturalization, the number of special permanent residents is decreasing after peaking in 1991.

In order of descending share after the two Koreas, China registered 26.9 percent or 560,741; Brazil, 15 percent or 312,979; and thereafter the order was the Philippines, Peru and the United States.

There were 188 different nationalities and places of origin.

By prefecture, Tokyo came top with 364,712. Thereafter, Osaka, Aichi, Kanagawa, Saitama, Hyogo, Chiba, Shizuoka, Gifu and Kyoto prefectures accounted for about 70 percent.

Gifu Prefecture increased by 7.6 percent from a year ago, and Aichi by 7.1 percent. The high rates of increase in the two Chubu region prefectures is thought to be attributable to the area’s favorable economic conditions.

(May. 22, 2007)
ENDS

読売:外国人登録者数208万人、45年連続で増加

mytest

ブロクの読者、こんばんは。読売によると、外国人登録者数はたいてい年毎およそ5万人増加したが、今回はおよそ7万人増で加速しているのでは、と思います。有道 出人

========================

外国人登録者数208万人、45年連続で増加
2007年5月21日 読売新聞
http://www.yomiuri.co.jp/politics/news/20070521it03.htm

 日本に住む外国人登録者数は2006年末現在で208万4919人(前年比3・6%増)、日本の総人口に占める割合は1・63%で、いずれも過去最高を更新した。

 45年連続の増加。法務省入国管理局がまとめた。

 国籍・出身地別では韓国・朝鮮が全体の28・7%(59万8219人)で最も多いが、高齢化や帰化などによって特別永住者は減少しており1991年をピークに減少傾向にある。以下、中国26・9%(56万741人)、ブラジル15・0%(31万2979人)、フィリピン、ペルー、米国の順。国籍・出身地数は188に達している。

 都道府県別では、東京都が36万4712人でトップ。大阪、愛知、神奈川、埼玉、兵庫、千葉、静岡、岐阜、京都を加えた上位10都府県の合計は全国の約7割を占める。うち前年比では岐阜が7・6%増、愛知が7・1%増と経済が好調な中部圏で高い伸び率を示した。
ENDS
===========================
オリジナルデータは
http://www.moj.go.jp/PRESS/070516-1.pdf

DEBITO.ORG NEWSLETTER MAY 25, 2007

mytest

Hello Blog. I’m trying to limit myself to one posting per day on my blog, so as to not overwhelm RSS subscribers, and not send out fat newsletters too frequently. But even then, I’ve still got about two weeks’ unreleased blog backlog, and a very pregnant newsletter to organize by theme. Here goes:

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1) FOLLOW-UP TO THE “HAIR POLICE” REPORT… comments from cyberspace
2) ASAHI: KURASHIKI HOTEL REFUSES NJ, GETS SLAPPED BY CITY GOVT
3) JUDGE RULES OVERWORKING NJ EDUCATORS IS LEGAL
4) UTU PETITION AGAINST OUTSOURCING JOBS
5) PETITION RE “COMFORT WOMEN”, US HR RESOLUTION 121
6) CHE: GRASSROOTS MEASURES AGAINST JAPAN’S HISTORICAL AMNESIA
7) FUJI TV: ARCHIVED SHOW ON JAPAN’S EXTREME RIGHT WING

and finally…
8) SECOND DEBITO.ORG DEJIMA AWARD TO “ALL-JAPAN HS ATHLETIC ASSN”
who organized a student footrace barring NJ from the starting lineup (Asahi)

//////////////////////////////////////////////////////////////////////////

By Arudou Debito (debito@debito.org, https://www.debito.org)
May 25, 2007 Blogged in real time at https://www.debito.org/index.php
Freely forwardable

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1) FOLLOW-UP TO THE “HAIR POLICE” REPORT…

I released my preliminary essay on how Japan’s high schools police their students, investigating a report of a Shizuoka Prefectural school forcing a NJ child to dye her natural hair color to black.
https://www.debito.org/?p=412

I received quite a number of comments from my mailing lists, and on the blog. Ranging from posts that compulsory hair dyeing goes beyond high school, to posts which declare this a non-issue, there is in between advice from a J veteran of the system (on what to do if you want to protest), a JT article on someone who sued their school for dyeing harassment, and links to the deleterious effects of long-term exposure to the chemicals in the hair dye itself.

There’s too much good information to excerpt effectively here, so visit the comments section at
https://www.debito.org/?p=412#comment-26954
Perhaps leave some comments of your own…

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2) ASAHI: KURASHIKI HOTEL REFUSES NJ, GETS KNOCKED BY CITY GOVT

I have this filed under “anti-discrimination templates”, because for once the authorities did something to stop this:

==============================
PERSON REFUSED HOTEL LODGING IN KURASHIKI BUSINESS HOTEL “BECAUSE HE’S A FOREIGNER”
THE ASAHI SHINBUN, May 17, 2007
Translated by Arudou Debito. Thanks to about ten people for notifying me.

KURASHIKI, Okayama Pref: In April, a Chinese man (45) living in Hiroshima was refused lodging in a Kurashiki business hotel. The reason given was that he was a foreigner…

The City Government of Kurashiki apologized for causing discomfort to the refused man. They added that they will redouble their efforts to ensure that every hotel in the area is informed not to refuse non-Japanese…

The Chinese man works in Japan and has no problems communicating in Japanese. He fumed, “This is outrageous. How would Japanese feel if the same thing happened to them? It must stop.”

The management of the hotel refusing foreigners, on the other hand, said, “We can’t deal with all the language issues regarding foreign lodgers, so that’s why we refuse them.” They indicated that they would continue doing so.
==============================

Not mentioned in the article is that the hotel is
———————————————————————
BUSINESS HOTEL APOINTO
(Kurashiki Miwa 1 chome 14-29, phone 086-423-2600)
http://www5.ocn.ne.jp/~apoint/
———————————————————————

I called the Kurashiki City Government (particularly the Kankou Convention Bureau, 086-421-0224, Mr Ono), and a few other places to find out more about the case. Finally calling the hotel, I talked to a Mr Kawakami, who said that they saw the error of their ways (thanks to administrative guidance from the city government), and would no longer be refusing foreign guests.

Good, but this is quite a U-turn, on the very day an Asahi article comes out saying that they would continue. Guess it remains to be seen. I have asked my friends in Kurashiki to keep an eye out.

In the end, thanks are owed the Kurashiki City Government for actually doing something about the problem. This is in my experience actually quite unusual (see other cases of government inaction, in the face of clear and signposted racial discrimination, at the ROGUES’ GALLERY OF EXCLUSIONARY ESTABLISHMENTS)

Kurashiki was, of course, legally bound to, since the Ryokan Gyouhou (Hotel Management Law) Article 5 requires hotels to keep their doors open to anyone, unless there is a health issue involving contagious disease, a clear and present endangerment of public morals, or because all rooms are full.

Which is what makes hotels a relatively refusal-free haven for NJ in Japan (on the books, anyway). One of the issues brought forth in the Otaru Onsens Case was that the Otaru City Govt’s hands were allegedly tied because the bathhouses were private-sector, therefore outside of any legal control vis-a-vis discrimination. As I keep saying, racial discrimination is not illegal in Japan.

But hotels are specifically-governed by a law preventing wanton refusals, including those based upon race or nationality. See more at.
https://www.debito.org/whattodoif.html#refusedhotel

Still, the law is only as good as those who enforce it. Tokyo Shinjuku-ku, for example, has a business hotel named TSUBAKURO (Tokyo Shinjuku-ku Hyakuninchou 1-15-33, Tel 03-3367-2896).

TSUBAKURO has been refusing foreigners for years (see their signs at https://www.debito.org/roguesgallery.html#Shinjuku) and have been called and visited a number of times, to no avail.

I have even told the local Hyakuninchou Police Box about this, shown them the law, and photos of the sign. They told me to take it up with the Shinjuku Police HQ. Great job, boys.

In any case, thanks are due Kurashiki City Government for taking effective measures. The Japanese judiciary, as well as its police, should take lessons:

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3) JUDGE RULES OVERWORKING NJ EDUCATORS IS LEGAL

Friend Kevin Dobbs in Tochigi reports that his lousy university working conditions (widespread for NJ academics in Japan, see https://www.debito.org/blacklist.html) have been justified by yet another one of those cracked judges skulking in our courtrooms…

==============================
JUDGE RULES THAT WORKLOADS FOR NJ FACULTY
WHICH ARE DOUBLE THAT OF J FACULTY
ARE PERFECTLY LEGAL

Report by Kevin Dobbs, Full-time educator at the International University of Health and Welfare, Tochigi Prefecture, May 8, 2007

[Background behind the lawsuit on the Blacklist of Japanese Universities:
https://www.debito.org/IUHWdata.html ]

Our court experience was called “Kari Saiban” or Temporary Court, so our judge made his decision in 33 days. [Here is one of] the three main points that the judge said swayed him in favor of my workplace:

…A 1-year-renewable contract teacher (the one I mention above) at IUHW, and the only other union member still at IUHW, stated at a recent collective bargaining that 12 koma [90-minute classroom periods] was acceptable for him. But that number was in his contract, anyway, and always has been, so he had no choice in the matter. Even though this teacher is a koshi [entry-level instructor] with no publications or presentations to his credit, the judge decided to perceive me and this other teacher as qualitatively the same. The judge said, “If this teacher agrees with 12 koma, then so should Kevin Dobbs”. This, even though I have well over 100 highly-competitive publications and some presentations to my credit, not to mention the fact that I was director of up to ten native-English speaking teachers for 10 years. At a recent collective bargaining, however, IUHW said: “If Kevin Dobbs wants to publish, he should quit and get a job at another university. His accomplishments mean nothing to us.”

Anyway, this judge totally ignored our evidence: indisputable Ministry of Education documents, letters from primary sources, and labor law…
==============================
Rest at https://www.debito.org/?p=364

Kevin is appealing his case. You can send him words of encouragement at kdobbs329@yahoo.co.jp, because what happens to him has great potential for Pandora to bring out her key.

You can also help out people nationwide in Japan’s toughening labor market:

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4) UTU PETITION AGAINST OUTSOURCING JOBS

==============================
“Stop Outsourcing – Job Security for All” Petition

The University Teachers Union has launched a “Stop Outsourcing – Job Security for All” petition and is seeking the support of individuals, organizations and unions in Japan.

The petition, which will be submitted to the Diet in early July, aims to highlight the threat of outsourcing to educational standards at universities, the threat of outsourcing to the job security of university teachers, and the general threat posed by the strategy of outsourcing to the living standards and job security of all workers — both Japanese and foreign.
==============================

More on the issue at https://www.debito.org/?p=405
Download the petition at http://www.utu-japan.org

Speaking of petitions:

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5) PETITION RE “COMFORT WOMEN” HR RESOLUTION 121

I include this excerpt in this newsletter as a matter of record, received from overseas activists:

==============================
SUPPORT THE “HOUSE RESOLUTION 121” NOW! LONG-OVERDUE JUSTICE FOR “COMFORT
WOMEN”; END JAPAN’S DENIAL AND IMPUNITY OF ITS WAR CRIMES!

The HR Res 121 calls on the government of Japan to formally acknowledge and apologize for its role in the coercion of women into sex slavery (introduced by Mike Honda, and now has more than 120 co-sponsors)…
==============================

Rest of argument grounding the petition at
https://www.debito.org/?p=403

Debito.org’s archive on the issue of wartime sexual slavery at
https://www.debito.org/?s=Comfort+Women

I include this news in this newsletter because how this Congressional resolution turns out is very important. The GOJ would otherwise continue to refuse to settle this issue in my view properly. It will also serve as an update on what’s happening at the grassroots level vis-a-vis this movement. Worth a look.

Other people helping out in the same vein:

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6) CHE: MEASURES AGAINST JAPAN’S HISTORICAL AMNESIA

Since one of PM Abe’s campaigns to “beautify” Japan is basically to whitewash over the ugly elements of Japan’s past, The Chronicle of Higher Education ran a story on how Japan’s civil society and disappearing war veterans are hard at work to preserve the record. We don’t hear enough about them in the media. Allow me to try to remedy that:

===================================
WAR MUSEUM RESISTS JAPAN’S HISTORICAL AMNESIA
By David McNeill in Tokyo
The Chronicle of Higher Education April 27, 2007

Link for subscribers: http://chronicle.com/weekly/v53/i34/34a05401.htm
Longer version at Japan Focus Website at
http://www.japanfocus.org/products/details/2333
Courtesy of the author

… In the newly opened Chukiren Peace Museum, the 80-year old curator, Fumiko Niki, is among a small group of activists and academics who have spent years compiling a depository of records that they say proves the enormity of the imperial army’s war crimes before and during World War II. The effort to remember that history is being lost in a growing revisionist tide, she fears…

The core of the Chukiren museum’s collection is the testimony of 300 Japanese army veterans who, while in custody in China in the 1940s and 50s, confessed to atrocities there, including rape, torture, and infanticide. Photographic evidence is held in the archives. Ultranationalists have threatened to burn down the museum, prompting the elderly staff members to look into the unfamiliar world of high-tech security…

“As a historian of that war, I find the testimony consistent with both the documentary record and my own interviews with Chinese villagers,” says Mark Selden, a senior fellow in the East Asia program at Cornell University, in an e-mail message. “Like their American counterparts who returned home to tell of their own destructive acts in Vietnam, the Chukiren soldiers have braved opprobrium from super patriots to tell the truth about the war and their own part in it.”
===================================
Rest at https://www.debito.org/?p=395

Speaking of the Ultranationalists:

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7) FUJI TV: ARCHIVED SHOW ON JAPAN’S EXTREME RIGHT WING

Have you ever wondered what it’s like to ride in one of those jet-black soundtrucks, or what kind of people are behind the wheel and black glass?

On YouTube recently were added several videos about the Right Wing (Uyoku) in Japan. It’s an hourlong broadcast on the commercial TV networks (archived in five 10-minute parts).

The show was produced nearly 20 years ago by Fuji TV, with a somewhat sympathetic bent towards the Uyoku (i.e. the interviewers even get rides inside the soundtrucks), depicting the rival Sayoku (Extreme Left–in this case only the Chuukakuha) as monolithic, militant, and unclear in ideology. Nevertheless, I found it fascinating.

It opens with a branch of Uyoku lecturing NJ in Roppongi on how to behave in Japan (even if they’re saying “Obey Our Laws, Gaijin”, not “Yankee Go Home” sorts of things, I still find this attitude quite rich…). As this show was filmed long before official GOJ campaigns to depict and target foreigners as criminals (https://www.debito.org/whattodoif.html#checkpoint), it’s not clear how the Uyoku would behave in the same situation nowadays.

The archiver also shows his bent by insinuating (in his writeup at YouTube, also blogged at Debito.org) that most people (especially, as he puts it, the “gaijin”) are uninformed; the Uyoku are somehow misunderstood as “militant racists”. But this show hardly sets the record straight for me; it remains clear that even with all the splinter groups, the common thread is still deification of the Emperor, purity as ideology, and having all Japanese share a common mindset of birthright.

Given that I saw the Dai Nippon Aikoku Tou speak last week in Odori Park, Sapporo, for more than an hour by their big blue bus (slogan on the back: “Give us back Karafuto [Sakhalin] and Chishima Rettou [the Kuriles]” (i.e. not just the Northern Territories), it’s not clear how they would treat the racially-separate peoples on those islands (or within Japan itself, given all the children of international marriages with Japanese citizenship). I remain doubtful that they would be accepting, which by definition would lead to militant racism.

In sum: As I also believe Japan is lurching rightward in recent years, this is worth a view to get an idea what the extreme version wants. In Japanese with very good English subtitles, somebody put a lot of work into making this series accessible to the outside world:

https://www.debito.org/?p=394

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and finally…
8) SECOND DEBITO.ORG DEJIMA AWARD TO “ALL-JAPAN HS ATHLETIC ASSN”
who organized a student footrace barring NJ from the starting lineup (Asahi)

After all the idiocies I’ve included in this newsletter, I saved the best for last. In fact, I would like to award the Second Debito.org Dejima Award to the All Japan High School Athletic Federation.

(Suggested by friend Chris Flynn, the Dejima Award is a showcase for those small-minded people in this society who feel the need to keep foreign peoples, ideas, and influences from these pristine shores. In much the same spirit as Feudal Japan kept foreigners secluded on an island off Nagasaki named Dejima centuries ago.)

Here’s the story:

====================================
FOREIGN STUDENTS CAN’T START EKIDEN
05/24/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200705240080.html
Courtesy of Glenn Boothe

Bowing to pressure from disgruntled fans, a high school athletic association will prohibit foreign students from running the first leg of the All Japan High School Ekiden Championships relay marathon starting next year.

The All Japan High School Athletic Federation said the decision, reached Tuesday, is intended to make the races more interesting for fans…

“We looked into the issue in a constructive manner after angry fans complained it is a turnoff to see foreign students scoring an insurmountable lead in the first section,” said Kazunobu Umemura, executive managing director of the federation….

“From the standpoints of ‘internationalization’ and school education, it would be ideal not to have any restrictions,” he said. “In reality, however, the differences in physical capabilities between Japanese and foreign students are far beyond imagination.”…
====================================
Rest at https://www.debito.org/?p=417

The obvious prescience displayed by the people who organize these footraces for students, when deciding to “keep the race more interesting for disgruntled fans” by shutting foreigners out of the starting lineup, is sure to make foreign students feel more welcome, and help keep Japan’s education system (struggling with our low birthrate, desperately courting foreign students) solvent and equal-opportunity. Not.

More on Japan’s nasty habit of shutting foreigners out of its sports and other competitions (again, sometimes using the same argument that foreigners have an unfair advantage due to physical or mental prowess) archived at
https://www.debito.org/TheCommunity/communityissues.html#SPORTS

Avoid katou kyousou as best you can if it’s tainted with foreignness, I guess…

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All for this week. Thanks for reading!
Arudou Debito in Sapporo, Japan
debito@debito.org, https://www.debito.org

DEBITO.ORG NEWSLETTER FOR MAY 25, 2007 ENDS

Dejima Award 2: NJ students barred from starting Ekiden footrace (Asahi)

mytest

Hi Blog. In what is sure to be a continuing series, I would like to award the Second Debito.org Dejima Award to the All Japan High School Athletic Federation.

Suggested by Chris Flynn, the Dejima Award is a showcase for those small-minded people in this society who feel the need to keep foreign peoples, ideas, and influences from these pristine shores. In much the same spirit as Feudal Japan kept foreigners secluded on an island off Nagasaki named Dejima centuries ago.

The obvious prescience displayed by the people who organize these footraces for students, when deciding to “keep the race more interesting for disgruntled fans” by shutting foreigners out of the starting lineup, is sure to make foreign students feel more welcome, and help keep Japan’s education system (struggling with our low birthrate, desperately courting foreign students) solvent and equal-opportunity. Not.

More from the Asahi Shinbun on this issue immediately following, with Japanese articles in the Comments section.

More on Japan’s nasty habit of shutting foreigners out of its sports and other competitions (again, sometimes using the same argument that foreigners have an unfair advantage due to physical or mental prowess) archived at
https://www.debito.org/TheCommunity/communityissues.html#SPORTS

Avoid katou kyousou as best you can if it’s tainted with foreignness, I guess… Arudou Debito in Sapporo

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Foreign students can’t start ekiden
05/24/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200705240080.html
Courtesy of Glenn Boothe

Bowing to pressure from disgruntled fans, a high school athletic association will prohibit foreign students from running the first leg of the All Japan High School Ekiden Championships relay marathon starting next year.

The All Japan High School Athletic Federation said the decision, reached Tuesday, is intended to make the races more interesting for fans.

But others say the move reeks of discrimination against foreign students.

In recent years, many students from Kenya have started the first–and longest–section of the ekiden races.

They have often built such wide leads that rival teams have had almost no chance to catch up in the later legs.

Ekiden fans and organizers said the strategies of those teams have made the races dull because the huge early leads all but eliminate the chances for the drama of a close finish.

Teams with foreign students running the first leg have won the All Japan High School Ekiden Championships five times in the past 10 years. Three of those victories were achieved after the first runner broke well ahead of the pack.

Of the five foreign students selected for the 2006 All Japan High School Ekiden Championships, four ran the first section for their teams.

“We looked into the issue in a constructive manner after angry fans complained it is a turnoff to see foreign students scoring an insurmountable lead in the first section,” said Kazunobu Umemura, executive managing director of the federation.

The rule will also apply to prefecture-level qualifying events.

The boys’ 42-kilometer ekiden consists of seven sections, with a 10-km first leg. The girls’ race, totaling 21 km, consists of five sections, starting with a 6-km leg.

Keisuke Sawaki, a director of the Japan Association of Athletics Federations, said the high school federation likely had an “agonizing” time coming up with its decision.

“From the standpoints of ‘internationalization’ and school education, it would be ideal not to have any restrictions,” he said. “In reality, however, the differences in physical capabilities between Japanese and foreign students are far beyond imagination.”

Under rules established in 1994 by the All Japan High School Athletic Federation, the number of foreign students attending any competition under its supervision must be about 20 percent or less of all participating students.

In accordance with the rules, the number of foreign students who can enter the ekiden race has been limited to one from each school since 1995.

Koji Watanabe, coach of the track team at Nishiwaki Technical High School in Nishiwaki, Hyogo Prefecture, said new rules are needed to give public high schools with no foreign students a chance to win.

His team won the ekiden race in the boys’ division a record eight times.

But Takao Watanabe, coach of the track team at Sendai Ikuei Gakuen High School in Sendai, disagreed.

“It remains questionable to distinguish runners by nationality,” said Watanabe, whose team won the ekiden race for three straight years with Kenyan students through 2005. “The decision is not good from an educational point of view because it can be viewed as excluding foreign students.”(IHT/Asahi: May 24,2007)

Kevin Dobbs: Judge rules that overloading foreign faculty is legal

mytest

Hi Blog. Turning the keyboard over to Kevin Dobbs, with a report on his temporary court defeat earlier this month over a workload around twice that given regular full-time faculty… Debito in Sapporo

==========================

Judge rules that unequal work loads on foreign faculty is legal
By Kevin Dobbs, Full-time educator at IUHW
May 8, 2007 (REVISED EDITION)

More background on the case on the Blacklist of Japanese Universities at
https://www.debito.org/IUHWdata.html

Hi Debito,

Our court experience was called “Kari Saiban” or Temporary Court, so our judge made his decision in 33 days. Following are the three main points that the judge said swayed him in favor of my workplace, the International University of Health and Welfare in Tochigi:

1) There was a “work agreement” (not a contract) that all charter teachers had to sign in 1995, the year IUHW opened. This agreement theoretically assured that teachers would stay at IUHW for 4 years, Monkasho’s trial period. All teachers signed this agreement including myself.

Teachers would not, however, have to sign any other “work agreement” thereafter. I, of course, did not. Even though that “agreement” expired in 1999, the judge deemed it admissible even though it expired 8 years ago and even though we stated in a plea that I do not remember signing the “agreement.” The one they submitted conveniently says in Article 4, “B shall teach as many hours as A requires, and shall teach English effectively to A’s students. . .”

On that day in 1995 that I was supposed to have signed this agreement, I was moving my family from Kanagawa to Tochigi. Even though we have asked for the original copy of this “agreement,” IUHW has not produced it. I strongly suspect it has been doctored. But of course this expired piece of paper shouldn’t even be valid, anyway. Curiously, I never received a copy of this “agreement” after I was supposed to have signed it.

2) Stated in our Labor Board settlement of 2006, IUHW awards Zheng Tan Yi (my wife) a decent payoff for getting unfairly fired and another “contract” colleague slightly better working conditions. As for me, the settlement states that “IUHW should carefully consider the number of my koma and make an effort to balance that number with other teachers’ koma at the university.” The average number of koma at IUHW is 6, but the judge believed the university when they said that other teachers’ committee work and other duties equaled 6 additional koma per week, which is just insane. Anyway, this provision in the settlement is really what bunged things up. . .and it was our labor union people and our lawyer who allowed that provision as a part of our overall settlement (I think they were in a hurry to finish things up)—could it be the provision that destroys me? As IUHW officials told us at a recent collective bargaining: “Because of this provision, we can give Kevin Dobbs 15 or 20 koma if we want.” Think they want me to quit?

3) A 1-year-renewable contract teacher (the one I mention above) at IUHW, and the only other union member still at IUHW, stated at a recent collective bargaining that 12 koma was acceptable for him. But that number was in his contract, anyway, and always has been, so he had no choice in the matter. Even though this teacher is a koshi with no publications or presentations to his credit, the judge decided to perceive me and this other teacher as qualitatively the same. The judge said, “If this teacher agrees with 12 koma, then so should Kevin Dobbs”—this, even though I have well over 100 highly competitive publications and some presentations to my credit, not to mention the fact that I was director of up to ten native-English speaking teachers for 10 years. At a recent collective bargaining, however, IUHW said: “If Kevin Dobbs wants to publish, he should quit and get a job at another university. His accomplishments mean nothing to us.”
—————————–

Anyway, this judge totally ignored our evidence: indisputable Monkasho documents, letters from primary sources, and labor law. It was an abomination of Japanese law and basic decency.

We’re a little hesitant to appeal since we’ve been told that we might get the same judge as before—mind you, in the first town, Otawara, in Japan to allow that awful text book that recently fabricated what happened in WW II. We just don’t know what to do at this point. We’re reeling. Even though we’ve been fighting hard for 3 years, and have become hardened and tough, we’re at a loss here.

Oh, you’ll find this interesting: our union people fear that, if other universities hear about this judge’s decision, they’ll think it’s okay to give teachers more koma. As always, thank you so much for your support.

Your Tochigi Friend, Kevin Dobbs (kdobbs329@yahoo.co.jp)
ENDS

=========================
ADDENDUM (MAY 27)

–SENT TO ME BY KEVIN DOBBS, SINCE SOME PEDANTS HAVE ARGUED BACK THAT THEY DON’T SEE KEVIN AS SOMEHOW “QUALIFIED ENOUGH” TO DESERVE THE SAME TREATMENT AS HIS FELLOW FULL-TIME JAPANESE FACULTY OTHERWISE HIRED UNDER THE SAME CONDITIONS. HOPE THE SHOE’S ON THE OTHER FOOT FOR THE PEDANTS SOMEDAY SO THEY CAN SEE HOW IT FEELS. ANYWAY, HERE ARE KEVIN’S QUALIFICATIONS, FOR WHAT THEIR WORTH. DEBITO

Professional Bio
Kevin Dobbs

Since 1995, I have worked as an Associate Professor of English at International University of Health and Welfare in Japan. Up to 2006, I was Director of Communicative Strategies and was in charge of up to ten native-English speaking instructors. Now we have only two regular native-English speaking instructors; the other three are from local language schools. The two native-English full-timers who remain have been officially isolated—in other words, our names do not appear on any university literature whether it be hard copy or on the school’s website.

At IUHW, when management considered me a “professional,” I served in many supervisory, public relations, and administrative capacities: these duties included graduate student selection; foreign graduate student advisor; departmental budget management; scheduling; curriculum design; test design; faculty advisor for several student extracurricular clubs (for example, the English Speaking Society); committee for festival coordination; design and implementation of CALL workshops; design and implementation of a university-wide, public speaking program; design and implementation of community outreach, English language workshops; coordinator for sharing outreach with nearby NGO’s and NPO’s; English-speaking host for many of our guest scholars from such countries as Kenya, Cambodia, China, Sweden; international committee; university curriculum committee; hiring committee; committee for foreign student admittance; and many others.

My research and publishing has been interdisciplinary in nature, an accepted way of publishing in Japan since anyone can remember. I’ve published academically in the specialties of EFL public speaking, EAP/ESP writing across the curriculum, and in cross-cultural communication and aesthetic sharing within the classroom. In the 1990’s, I published several book reviews in the Asahi Shimbun, and I’m proud of the fact that later on I was primary essay writer for Shigeru Matsumoto’s text book, Rakku Raku Eibun Kaishaku (Understandable English Essays). Also, I have published primary source literature—short stories, essays, and poems—in dozens of highly competitive, North American literary journals including The New York Quarterly, Carolina Quarterly, Raritan: a Quarterly Review, Mid-American Review, Chelsea, Beloit Fiction Journal, Florida Review, Gulf Stream, Karamu, Poet Lore, Sou’wester, Madison Review, and many others. Within these venues, I’ve published on numerous occasions with Nobel and Pulitzer Laureates, National Book Award winners, and many other literary luminaries. Once, I was featured with one of my favorite novelists, Ken Kesey, in Whiskey Island Magazine, Cleveland State University Press. By the way, if you’d like to take an easy look at some of my poems, go to Maverick Magazine, a leading online journal in which I’ve been published in four issues: maverickmagazine.com. If you’d like to check (verify) my publications, Google me by writing into the search box, “Kevin Dobbs, poetry,” or just “Kevin Dobbs” should get quite a few listings.

Although I’m an accomplished writer, I’m obviously not, by any means, famous, but most of IUHW’s Japanese full-timers, who teach English, have had few or no publications at all. There was never a time since 1995 that I didn’t have more publications than all other Japanese English teachers put together.

As for my graduate degree, I have a terminal Master of Fine Arts (MFA) degree in Creative Writing, Arizona State University, which consisted of 48 semester hours: 24 in literature and 24 in various forms of writing. This kind of degree usually takes three and a half to four years to complete. My four and a half years in graduate school left me with 58 graduate semester hours. My undergraduate degree was in English literature.

I’ve taught ESL/EFL since 1986: composition, public speaking, conversation, listening, basic reading, American culture, basic literature, ESP (medical English), traditional grammar and usage, creative writing, film criticism, critical reading and writing and research, and research methods.

Ends

REPORT: Immigrant children and Japan’s Hair Police

mytest

Hello Blog. Just got back last night from speaking at a corporate human-rights retreat for the Mitsubishi keiretsu (more on that in a separate posting). Also from a fact-finding mission in the backwoods of Shizuoka, where internationalization is continuing so apace, the education system cannot keep up. That’s the subject of this report:

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REPORT: CHILDREN OF IMMIGRANTS AND JAPAN’S HAIR POLICE.
ONE SCHOOL’S ATTEMPT TO DEAL WITH “DIFFERENCES”
CAUSES TRAUMA IN THOSE BORN DIFFERENT

//////////////////////////////////////////////////////////////

By Arudou Debito (debito@debito.org, https://www.debito.org)
May 22, 2007

(NB: This has become the subject of a Japan Times article: “SCHOOLS SINGLE OUT FOREIGN ROOTS: International kids suffer under archaic rules” (July 17, 2007), available at https://www.debito.org/japantimes071707.html)

INTRODUCTION: 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 subjected to periodical and frequent hair root checks. Nicola was then told to darken and even straighten it. 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. This was narrated to me as an example of how Japan’s cookie-cutter educational rules are doing a disservice to Japan’s imminent internationalization.

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BACKGROUND: After Japan opened the floodgates to cheap foreign labor under its “Trainee” and “Researcher” Visa programs in 1990 (more on these programs blogged at https://www.debito.org/?s=trainee+visa), the number of South Americans, Filipina, and Chinese etc. have rocketed; Brazilian residents of Japan now stand at more than 300,000, the third-largest foreign minority in Japan. Many are working for less than half regular wages and with no social benefits (such as pension or unemployment insurance, and in some cases, health insurance) under the conditions of their visa. They have kept Japan’s domestic industries domestic and competitive (Toyota, for example, has become the world’s number two automaker due to foreign labor (https://www.debito.org/shuukandiamondo060504.html)

They have also suffered the indignity of their children not having guaranteed access to education. According to the Asahi Shinbun of Feb 12, 2007 (https://www.debito.org/?p=241), between “20 and 40%” of all Brazilian children in Japan are not attending school. Japanese schools are even turning away foreign children because, they claim (legally correctly) that “only citizens are guaranteed an education in Japan”. Meanwhile, according to the Yomiuri Shinbun evening edition of May 21, 2007 (https://www.debito.org/?p=408), 20,000 NJ students in Japanese schools are not sufficiently capable in the Japanese language to follow classes. There are no clear remedial measures being taken by the national government; some local governments and NGOs are trying to fill in the gap, see https://www.debito.org/hamamatsusengen.html), and there are some fledgling ethnic schools, but they are underfunded, expensive to many at these wages, and ministerially unaccredited (which means graduates cannot enter many Japanese universities).

Thus the biggest losers in this dreadful state of affairs are the immigrant children, some of whom are growing up uneducated, illiterate in any language, and sentenced to become an economic underclass (and members of youth gangs; I anticipate more NPA fingers being pointed at NJ youth for causing crime, of course). Thus as Newsweek Japan headlines in its Sept 13, 2006 issue (https://www.debito.org/newsweekjapan091306.html English version https://www.debito.org/?p=16): “Japan is still shutting its eyes regarding its dependence on immigration”.

Even those who beat the odds and stay in school have to suffer the indignities of what is tantamount to officially-sanctioned ijime: Being pointed out for their differences assigned from birth, and told to somehow “correct” them, for the sake of rules that refuse either to acknowledge or to update themselves to a changing state of affairs.

We now turn this report to finding out what was on the mind of Maria and Nicola’s high school, and why they received different treatment just because one looked more like one of her parents…

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VISITING IKESHINDEN HIGH SCHOOL, OHMAEZAKI CITY, SHIZUOKA PREFECTURE
May 22, 2007, 1PM
Address: Shizuoka ken Ohmaezaki shi Ikeshinden 2907-1, http://www.ikeshinden-h.ed.jp/pasoind.htm

Getting to Ikeshinden was neither quick nor cheap. A 40-minute bus ride from the nearest JR station (Kikugawa), it took me six hours round trip (and more than 10,000 yen) from my speech venue and back. The area boasts many tea and farm factories, not to mention chemical, biochemical, filtration and even fishing rod factories attracting cheap labor. Still, Ikeshinden could be any generic town in Japan, not clearly full of NJ residents, save for the occasional Brazilian restaurant, liquor store, or person with South American features on public transport.

I made an appointment at Ikeshinden the day before with a Mr Okada, a middle-aged man with the energy and drive of high school teachers worldwide. I was directed to him because he is in charge of what I will affectionately call the Hair Police–a group of teachers (who rotate this duty every few years) who go around checking the neatness and appearance of Ikeshinden’s students. Okada had been working here for six years and through two HS principals (every single one of them honored in black-and-white photos mounted respectfully on the wall on cushioned tasseled pillows; they glowered down on us in the conference room we talked in), and was very helpful in explaining what is behind these kinds of systems.

Okada: “We have the kids follow the rules as listed in the Seito Techou (Students’ Guidebook) 2007.” He cited the rules regarding hair and allowed me to transcribe them:

====================================
BOYS
–will not perm, straighten, dye, bleach etc their hair.
…are not allowed to have extreme (kyokutan) hairstyles, or shave their temples etc.
…will not let their hair fall over their eyes (and will not let their hair grow down to their collars).
They will have a refreshing style as befits a high school student. (koukousei rashiku sawayaka ni suru)

GIRLS
–will not perm, straighten, dye, bleach, or add extensions etc to their hair.
…will not let their hair fall over their eyes
Girls with long hair will pin it back in a way that does not interfere with classroom instruction.
====================================

I noted that some directives were a bit vague. (Then again, I thought, if rules got instead too specific, it would feel militaristic…) Who was the final arbiter in case there was some, pardon the pun, grey area? Okada said that for the time being, he was entrusted with that duty.

I asked about the mindset behind enforcing these kinds of rules.

Okada: “It’s important to get the students to understand the importance of following rules in society (kihan ishiki).” He also noted that it was important that students look proper for job and college interviews, as the school’s reputation was on the line. “It’s also important for students to stop thinking selfishly, and have an awareness of society (shakai ishiki).”

That’s when I raised the question about who these rules are for. If the student wants to control his or her own image, that is their business, no? The rules seemed more for the school’s benefit than the students.

Okada: “Probably. But about a decade ago, our rules were much looser and our school was one of the worst in the area. So our principal tightened them up, and now our reputation has gotten much better. It’s still tight to this day.”

I asked how many NJ students they had. “Nineteen, mostly Brazilian. Some Phiippine, Chinese, and Peruvian too.”

So then I raised the issue of Nicola (whose name and nationality I did not mention), and how she still felt traumatized by the enforcement of these rules. “Her sister said that she was forced to change her natural hair color and style regardless. Isn’t this unaccommodating?”

He said that in his six years of teaching there he had never heard of someone having to dye their natural hair color to black. Or straighten. In fact, he noted, straightening hair was specifically against the rule book. “We might have some people whose hair lightens due to exposure to the sun during sports, but even then we don’t tell them to dye it back. The fundamental rule is: ‘Don’t mess with your hair.'”

I then asked how they determined whether someone’s hair was in fact “natural” or not, and how they conducted the follicular search.

Okada: “It starts from the first week of school. We check everyone in assembly and see if they have any attributes which run foul of the rule book. If so, they are called in later as a group and searched more closely.”

You mean you look for black roots?

“We can usually tell if they’ve done something to their hair. People who curl or otherwise fiddle with their hair end up lightening it. Hair which differs from root to shoot is suspect.”

But look at my hair. I have dark brown roots but light tips. Would I be suspect?

“You would be called in for a closer look. It’s pretty clear–you can see a straight line between old dye and fresh growth in a hair.” He then explained in quite exact detail how the inspection goes. My barber would applaud. “But if it’s declared natural, we leave it as is, of course.”

So what happens if somebody is rumbled with fake coloration?

“We tell them to get their hair dyed back to black in a week. If they don’t comply, we take further measures. We will check every week for a few weeks, and their homeroom teachers keep an eye on them in future.”

And what if they still refuse to comply? How far would you go? Suspension?

“Truth be told, it hasn’t come up. The students have always eventually complied.”

So I returned to Nicola’s case. She said that she wasn’t judged as natural and you know the rest. Could there be a flaw in the system?

“I’ve never seen anyone with natural hair color being forced to dye it. I can’t say more without knowing the specific individual case.”

That was where Nicola’s issue ended. Since it is my wont, I concluded with advice:

“Okada-sensei, I understand the need for uniforms and order in schools. However, uniforms does not necessarily mean uniformity, and uniforms and hair are different. You can change your clothes when you go home, it’s pretty easy. It’s not as much part of your identity. But having to change your hair, that goes much deeper. Require everyone, male or female, to shave their head and see if it doesn’t matter–to students, parents, and teachers alike. I bet nobody would agree to that.

“So let’s think about what these hair checks mean. I remember in my third-grade class in the US, we had a lice outbreak. So every morning our teachers gave all of us a lice check. I still remember how intrusive the procedure was, especially when my teacher actually plucked out one of my hairs, put it in an envelope, and had me wait outside the nurse’s office for an hour or so for her to get back and check it. False alarm–no vermin egg was found. But I still remember how traumatizing it was when I hadn’t actually done anything or had anything done to my hair.

“Same thing with your international students. Your rules still assume the ‘natural’, ‘normal’, default hair color is black. That’s not true in this world, and as Japan’s immigration increases, this is going to become even more apparent. As it stands, and as I believe happened in Nicola’s case, your system is open for abuse. And it led to someone getting hurt. As Japan’s schools are fast becoming the cutting edge of Japan’s internationalization, please be careful.”

He agreed, and that was where our conversation basically ended.

//////////////////////////////////////////////////////////////

CONCLUSIONS
are inconclusive at this time. Until have direct photo evidence from Nicola (as in before entering Ikeshinden and during her education there) verifying a change in hair color, it’s a case of he-said, she said. I am grateful to the high school for opening their doors a bit and taking the time to explain their system, moreover lend an ear to my opinions. This is an issue that affects me personally since, as many readers know, my younger daughter is practically blonde. As she starts junior high soon, it’s very important to me that she not be similarly traumatized by banal officials following the rules without considering her feelings.

Chances are, probably few of these teachers were ever on the receiving end of this follicle search. It’s always very hard for the agent to understand the victim when he or she has never been a similar victim himself. By dropping by the school and making my case for a little less stricture, let’s hope it helps raise awareness of the needs of Japan’s future students.

Thanks to Maria and Nicola for their assistance.

This has become the subject of a Japan Times article: “SCHOOLS SINGLE OUT FOREIGN ROOTS: International kids suffer under archaic rules” (July 17, 2007), available at https://www.debito.org/japantimes071707.html

Arudou Debito
Sapporo, Japan
debito@debito.org, https://www.debito.org
May 22, 2007
REPORT ON JAPAN’S HAIR POLICE ENDS

Yomiuri: 20,000 NJ students in J schools can’t understand Japanese

mytest

Hi Blog. Got another report coming out in tomorrow regarding other ways Japan’s education system is letting immigrant children down. Meanwhile, here’s an article in the Yomiuri about the lack of apparatus to deal with the language barrier. For what it’s worth, in my grade school we had remedial classes for native Spanish speakers. And this was back in the early 1970’s. C’mon, Japan, you bring people over here, you take care of them. You didn’t foresee them having children, for crying out loud? Debito in Sapporo

===============================
20,000 in language pickle / Foreign students in need of specialized Japanese teachers
The Yomiuri Shimbun May. 22, 2007

http://www.yomiuri.co.jp/dy/national/20070522TDY01002.htm
Original Japanese blogged here

The number of foreign students in need of Japanese-language instruction in 885 municipalities exceeded 20,000 as of 2005, and the figure continues to increase, a government survey has found.

The Education, Science and Technology Ministry has produced guidebooks for language teaching, but most public primary, middle and high school teachers have little experience in teaching Japanese as a second language. Experts have pointed out the need for teachers who specialize in teaching Japanese to foreign children.

In Oizumimachi, Gunma Prefecture, about 6,800 of the town’s 42,000 residents are foreigners, and about 10 percent of all students in the seven public primary and middle schools hail from overseas.

Apart from regular classes, the schools also offer Japanese classes to increase foreign students’ language abilities. But the classes are taught by regular teachers who are not trained in language teaching.

An Oizumimachi Municipal Board of Education official said, “Although we’ve hired people who speak Portuguese or Spanish to help out [in the classroom], it would be hard to say our support for teachers is sufficient.”

At Okubo Primary School in Shinjuku Ward, Tokyo, more than half the 180 students come from South Korea, China, the Philippines and other countries.

“Even if these students can speak Japanese in everyday situations, acquiring the fluency that enables them to study in Japanese takes more time,” Principal Fumiko Nagaoka said.

According to the ministry, the number of foreign students who needed extra Japanese-language training in 1991 was 5,463, and exceeded 10,000 in 1993. As of 2005, the figure stood at 20,692, accounting for about 30 percent of all foreign students.

The largest group among the students are native Portuguese speakers, accounting for 37 percent, followed by those speaking Chinese (22 percent), and Spanish (15 percent).

This is a consequence of the 1990 revision of the Immigration Control and Refugee Recognition Law that allowed foreigners of Japanese descent to work in Japan, which was previously banned. The revision pushed up the number of people entering the country, mainly from South America.

However, the children of such people often stop attending school due to language difficulties, or find it hard to secure jobs after graduating from school.

The ministry has produced manuals for teachers to help them provide language lessons in conjunction with other subjects. A version of the manual was introduced for primary schools in 2003, and for middle schools in March this year.

The manual for middle school teachers says that setting riddles and playing other word games during Japanese classes can help foreign students increase their vocabulary, and that creating a dictionary of unknown words for students also can be helpful.

Only 70 of the 885 municipalities have specialized Japanese teachers. The ministry plans to expand the teacher-training system to cover Japanese-language instruction.

Prof. Ikuo Kawakami of Waseda University said: “In the United States and Australia, there’s a system to foster teachers to teach English to children who can’t speak the language. Japan should introduce a similar system and dispatch expert teachers to schools.”

yomiuripiechart052107.jpg

ENDS

読売:授業の日本語わかりません 外国人の子供2万人

mytest

授業の日本語ワカリマセン 外国人の子供2万人
読売新聞 2007年5月21日 夕刊
http://www.yomiuri.co.jp/kyoiku/news/20070521ur01.htm

 全国の公立の小・中・高校で、日本語が十分に使えない外国人の児童・生徒が増えている。文部科学省によると、その数は全国の885自治体で約2万人。
指導教諭 大幅に不足
yomiuripiechart052107.jpg

 同省は指導方法の手引を作成するなど対策に取り組んでいるが、学校現場では日本語指導に不慣れな先生も多く、専門家は「外国人の子供に日本語を教える専門の先生を養成する必要がある」と指摘している。
 人口約4万2000人のうち約6800人が外国人の群馬県大泉町。町立小中学校7校の児童・生徒の1割が外国人で、通常の授業とは別に日本語の力を付けるための「日本語学級」というクラスが全校にある。
 しかし、教えるのは、日本語指導が専門ではない一般の先生だ。町教委の担当者は「ポルトガル語やスペイン語を話せる人を町の予算で雇ってサポートしてもらっているが、指導が行き届いているとは言えない」と打ち明ける。
 東京・歌舞伎町に近い新宿区立大久保小学校では、韓国、中国、フィリピンなど外国人の児童が、全校児童(約180人)の半数を超える。長岡富美子校長は「日本語で日常会話が出来るようになっても、学習活動ができるまでの日本語能力を付けるのには時間がかかる」と話す。
 文科省によると、日本語指導が必要な外国人の児童・生徒数は、1991年は5463人だったが、93年には1万人を超えた。2005年は2万692人で、全外国人児童・生徒の約3割を占める。母国語別の内訳は、ポルトガル語約37%、中国語約22%、スペイン語約15%の順に多い。
 背景には、90年の出入国管理法改正で、日系人については、それまで認められていなかった単純労働が可能になり、主に南米からの入国者が急増したことがある。ただ、日本語が十分使えないことで、子供が学校に来なくなったり、卒業しても定職に就けなかったりする問題点が指摘されていた。
 このため、文科省は、教科内容を教えながら日本語指導をする際の注意点をまとめ、03年に小学生用、今年3月には中学生用の指導手引を作成。例えば、中学の国語の授業ではなぞなぞやしりとりをして日本語の単語の数を増やすことや、知らなかった言葉を集めて辞書を作ることなどをアドバイスしている。
 しかし、日本語指導の担当教師を置いている自治体は70にすぎないなど、指導体制は不十分なのが現状。文科省では、一般の先生が日本語を指導できるよう、研修体制の充実を図る方針だが、早稲田大大学院の川上郁雄教授(日本語教育)は「米国やオーストラリアには英語を話せない子供に英語を教える先生を養成するシステムがある。日本でも、こうしたシステムを導入し、外国人の子供に日本語を教える専門の先生を必要な学校に配置すべきだ」と訴えている。
(2007年5月21日 読売新聞)
ENDS

Fun Facts #5: Nat Geo on Japan’s Tsunami Charity

mytest

Hi Blog. I voice enough criticism of Japan on this space. Let’s also give praise where it is due.

According to the National Geographic Dec 2005, Japan’s record regarding keeping its international promises regarding tsunami relief has been excellent. In fact, it’s basically the only country which made (even superseded) enormous pledges of donations for victims of the big waves a couple of years ago.

Bravo, Japan! Shame on everyone else, especially the oil-rich countries–both in terms of pledge and fulfillment. Where’s the Muslim feeling of brotherhood when you need it? Debito

natgeo1205001.jpg
ENDS

UTU: Petition against outsourcing NJ jobs (人材派遣会社からの雇用を中止)

mytest

FORWARDING. ARUDOU DEBITO IN TOKYO

==============================

From: Nick Wood, President, NUGW Tokyo Nambu UTU

Dear Arudou Debito,

We would be grateful if you would consider adding the announcement below to your regular mailing.

I will be honest, there is some debate over the Japanese wording of the petition. UTU opposes the strategy of outsourcing, a strategy that is being used to cut jobs and wages. This, apparently, can not be easily translated into Japanese, and there is concern that the petition might be construed as an attack on despatch workers. This is most definitely not the case.

NUGW Tokyo Nambu’s Executive approved the petition last night, and we hope you can give it your support. The due date for collection is July 1, 2007

Best wishes… Nick Wood

=================================

UTU Announcement:
“Stop Outsourcing – Job Security for All” Petition

The University Teachers Union has launched a “Stop Outsourcing – Job Security for All” petition and is seeking the support of individuals, organizations and unions in Japan.

The petition, which will be submitted in early July, aims to highlight the threat of outsourcing to educational standards at universities, the threat of outsourcing to the job security of university teachers, and the general threat posed by the strategy of outsourcing to the living standards and job security of all workers – both Japanese and foreign.

Download the petition at http://www.utu-japan.org

The petition reads:

安定した雇用の確保を求めます

内閣総理大臣 安倍 晋三 殿

人材派遣を中止せよ!

人材派遣会社からの教員派遣は、安定した雇用を破壊している。短期間の欠員を埋めるために派遣労働が用いられているが、これはリストラを増やし、賃金・福利厚生を減らすことが目的です。誰にでも安定した雇用を確保する権利があります。
今直ぐ、人材派遣会社からの雇用を中止するよう申し入れます。

STOP OUTSOURCING! JOB SECURITY FOR ALL!

To Prime Minister Shinzo Abe:

Outsourcing is destroying job security. Agency workers are needed to fill temporary vacancies, but outsourcing is being used by employers to cut jobs, cut wages and cut benefits. We all have a right to secure employment. Stop outsourcing our jobs now!

大学教員組合(UTU)の方針は下記の通りです。
「専門職教師の首切り、派遣教師の採用によって人件費を削減しようとしている大学があります。人材派遣会社からの教員雇用は、我々の安定した雇用や大学の教育水準に対して大打撃です。
今直ぐ、人材派遣を中止して下さい。」

University Teachers Union says: Some universities are trying to cut costs by using agency teachers and dismissing experienced instructors. Outsourcing threatens our job security and educational standards. Stop outsourcing now!

Download the petition at http://www.utu-japan.org, or here:
UTU Stop Outsourcing Petition.pdf
ENDS

Petitions re Comfort Women US Congress House Res. 121

mytest

Hi Blog. I blog this as a matter of record, received from overseas activist lists. Now, while I don’t agree with all sentiments expressed below, I do believe that the US Congress resolution on this is important, since the GOJ would otherwise refuse to settle this issue in my view properly. It will also serve as an update on what’s happening at the grassroots level vis-a-vis this movement. Give the below as due consideration as you see fit. Arudou Debito in Tokyo

/////////////////////////////////////////

SUPPORT THE “HOUSE RESOLUTION 121” NOW! LONG-OVERDUE JUSTICE FOR “COMFORT
WOMEN”; END JAPAN’S DENIAL AND IMPUNITY OF ITS WAR CRIMES!

The H.Res121 calls on the government of Japan to formally acknowledge and
apologize for its role in the coercion of women into sex slavery.
(introduced by Mike Honda, and now has more than 120 co-sponsors)

May 17, 2007

Friends,

It has been more than 60 years of the women forced into sexual slavery by
the Japanese Imperial government and justice has yet to be seen. A clear
position of the United States (country to whom Japan, esp. the current Abe
regime, is REALLY beholden to, as we know) via Congress will mark the
perhaps the biggest blow to the Japanese government which has stepped up
public efforts to re-legitimatize revisionist history and push forward an
agenda for militarization, war and aggression (sound familiar?) in lockstep
with (and arguably, FOR,) its bigger, stronger partner, the United States.
Peoples already occupied/colonized by Japan and the US are seeing
intensification of that oppression already on the ground, while “old” issues
aren’t even yet accounted for. This has got to stop! And helping STOP the
tears from flowing of the survivor halmonis, grandmothers, and lolas and
more is an important, critical step towards that end.

The resolution calls for what many of the survivors have been demanding for
years. And yet, such a minimal demand has been shunned if not openly
confronted and retaliated with accusations of lying, even profiteering, by
those who represent the Japanese government (i see such comments appearing
in mainstream press so frequently, it’s even “normalized”). Furthermore,
Japan’s legal system aids in protecting Japan’s impunity by dismissing or
ruling against the demands of the many many survivors from various countries
who have courageously brought on lawsuits.

It’s been long recognized in Japan that an international or external
pressure is a critical political force in order to delivery justice to this
issue, and now it seems that the House Resolution 121 has gained so much
momentum, we need to keep it up….and get it PASSED!

And what can those of us in CA’s districts of Tom Lantos (san mateo and
sunset) and Nancy Pelosi (SF) and every one else can do to make sure they
know we’re TOTALLY DOWN with their support? Here’s how:

WRITE A PERSONAL LETTER
Congresspersons care what constituents think, and letters are by far the
most effective way of letting them know what you think. Please, take 10
minutes, and draft a letter which contains only the following 4 short
points:

To Congressman Tom Lantos:
1) I live in your district.
2) I have read and support H. Res. 121
3) This resolution is very important to me (because….)
4 )I urge you to move quickly to mark-uop and allow a vote in the Foreign
Affairs Committee on H.Res. 121

To Speaker Nancy Pelosi:
1) I live in your district.
2) I have read and support H.Res.121
3) This resolution is very important to me (because…)
4) I urge you to move quickly to allow a full vote on the House Floor on H.Res.121.

*It’s important to write down YOUR ADDRESS so that they know your district
(or that you live in theirs).

Fax or email the letter to:
Congressman Tom Lantos: (202) 226-4183 or email thru his website:
http://www.lantos.house.gov
Speaker Nancy Pelosi: (202) 226-8259 or email: sf.nancy@mail.house.gov

VISIT THEIR DISTRICT OFFICES
Get together with a small group of friends, family or colleauges, and book
an appointment with them. Let them know face to face your concern over this
issue.

Lantos’ District Office
San Mateo Office
400 S. El Camino Real, Ste., 410
San Mateo, CA 94402
(650) 342-0300
or in SF: (415) 566-5257

Pelosi’s District Office
450 Golden Gate Ave., 14th Floor
San Francisco, CA 94102
(415) 556-4862

And furthermore,
1) Sign the ONLINE petition, Gabriela Network our ally and long time
participant in the larger effort to deliver justice to the Lolas, has sent
this around, add your name, spread the word!
http://www.gopetition.com/online/11466.html
2) Get your organization or group to sign the COMMUNITY LETTER: circulate
your draft for organizational endorsement.
3) See if your local/ethnic papers would be willing to publish an “open
letter” supporting the statement to Lantos and Pelosi next week. If you’re
interested in signing on together and get one published in NoCal
Nikkei/Japanese media, please contact me!

We note that this is a very dangerous trend for the world and all of us,
which isn’t entirely even healed from japan’s first attempt around, when
japan invaded its neighbors and on the other hand was its ally the nazi
regime – creating lots of legitimate, justified hate and religious,
ideological rationale for racist imperialist oppression. Many of those in
power in Japan are comprised of direct descendants and disciples of the very
people who committed atrocious war crimes against humanity during WWII. This
House Resolution could be a HUGE blow and a formidable political force to
actually mitigate the efforts of Japan to roll back the “Peace” article of
the Constitution, or continue colonial and racist policies domestically,
with such legitimacy and impunity. The most significant thing right now is
the voice of every each one of us right now. Please let yours be one that
counts at this critical moment!

Thanks to Gabriela Network (http://labanforthelolas.blogspot.com) and the “121 Coalition” ( http://www.support121.org) for their 411 & support.
Also, see their URLs for more info.
ENDS

Asahi: Update on NJ Trainee Worker program: reform or abolition? (UPDATED)

mytest

Hi Blog. I’m heading down to Tokyo tomorrow to give a speech at a human-rights retreat for some major Japanese corporations (Kirin, Mitsubishi etc), so I’m not sure when’s the next time I’ll be online. But anyway, here’s an update on what the Japanese government is thinking about the much-abused “Trainee Visa” program for NJ workers (more on the abuses blogged here). Debito in Sapporo

ADDENDUM: Original memos from Nagase included below article, courtesy of an insider friend. (長勢法務大臣のメモ「外国人労働者受入れに関する検討の指示について」、平成19年5月15日付)原文は記事の下です。)

======================================

Nagase enters foreign-worker feud
05/17/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200705170115.html

Justice Minister Jinen Nagase proposed that Japan move to accept unskilled foreign workers, a “personal idea” that has startled bureaucrats and complicated debate on reforming a problem-ridden trainee-intern program.

Nagase’s proposal was broached on Tuesday amid a tug-of-war between the labor and industry ministries over their conflicting reform plans released over the past week on the foreign trainee-intern program.

The labor ministry wants to end unlawful labor practices associated with the program, while the industry ministry wants to help smaller companies that are having a tough time finding workers.

Nagase entered the fray Tuesday with a plan that called for the program’s abolition, rather than reform. The plan would, in effect, pave the way for unskilled workers to enter Japan under certain conditions.

Specifically, a limited number of foreigners will be allowed to work up to three years under the supervision of government-sanctioned entities. These workers should not stay after that period, and their wages and working conditions must be safeguarded, according to Nagase’s proposal.

The plan surprised mandarins of both the labor and industry ministries.

“We’ve never expected such a bold plan to come out,” one official said.

The government introduced the trainee-intern program in the early 1990s to help workers from developing countries learn industry skills here.

In their first year, they learn work skills as “trainees.” In the second and third years, they work as “interns” at companies under labor contracts.

Critics say, however, that companies are using them as low-wage workers to make up for labor shortages.

According to Justice Ministry figures, cases of unlawful practices involving foreign trainees and interns shot up to 229 in 2006, from 92 in 2003. In many cases, the foreigners worked overtime hours beyond the limits or were not paid in full.

Some of the workers have taken their problems to court.

To remedy the situation, the Ministry of Health, Labor and Welfare proposed scrapping the “training” part of the program and integrating it into the internship part.

Under the current system, trainees are not subject to labor law protections, including minimum wages, which allowed businesses to exploit them.

But officials of the Ministry of Economy, Trade and Industry said the labor ministry’s plan would weaken the program’s intended purpose of technical transfers.

Instead, the industry ministry plans to beef up the program with tighter controls and penalties, and allow interns to work two additional years at small as well as major companies.

The labor ministry’s plan will allow an extension only at major firms.

Japan’s tightening labor market, which has hit smaller companies especially hard, is behind the calls for the program’s review.

In 2006, 41,000 foreign trainees went on to internships, a jump from 11,000 for 1999. Most of the employers were small companies.

To cope with the shortage of workers, business circles are calling on the government to lift the ban on unskilled foreign workers under certain conditions.

But the government has so far maintained its position to keep out unskilled workers for social security and other reasons. The labor ministry insists that accepting them could negatively affect wages and other working conditions for Japanese workers.

Related ministries reconfirmed this stance last June, but Nagase nonetheless came out with his proposal.

Hidenori Sakanaka, director at the nongovernmental Japan Immigration Policy Institute, welcomed Nagase’s idea and urged debate on the issue.

“The current system is an epitome of problems because foreigners are forced to work at low wages in the name of training or internship,” he said. “As Japan’s population shrinks, we need full debate with their (foreign workers’) settlement and permanent residence in view.”

(IHT/Asahi: May 17, 2007)
ARTICLE ENDS
==================================

MOJ MINISTER NAGASE’S MEMOS TO KASUMIGASEKI IN JAPANESE (two pages)
(クリックすると拡大されます)
nagasememo051507001.jpg
nagasememo051507002.jpg
ENDS

Asahi: Kurashiki hotel refuses foreigners

mytest

Hi Blog. This just came through this morning on the Asahi. They haven’t bothered to translate it for the IHT, so I will:

==============================
PERSON REFUSED HOTEL LODGING IN KURASHIKI BUSINESS HOTEL “BECAUSE HE’S A FOREIGNER”
THE ASAHI SHINBUN May 17, 2007

Translated by Arudou Debito. Thanks to about ten people for notifying me.
Original Japanese blogged at
https://www.debito.org/?p=400

KURASHIKI, Okayama Pref: In April, a Chinese man (45) living in Hiroshima was refused lodging in a Kurashiki business hotel. The reason given was that he was a foreigner.

According to Japan’s Hotel Management Law, refusals may only take place if there is a clear risk of infection from a patient, or the suspicion that illegal activities will occur, such as gambling [tobaku]. [sic]

The City Government of Kurashiki apologized for causing discomfort to the refused man. They added that they will redouble their efforts to ensure that every hotel in the area is informed not to refuse non-Japanese.

The Chinese man first went to a Kurashiki hotel on the evening of April 3, which was full, so management phoned around and found another hotel with rooms available.

Unfortunately, they were told by the management there that “we don’t allow foreigners to stay here”.

When the Chinese man went to the other hotel to find out more, he was told by the manager (70) that “our rule is to not give foreigners accommodation”, and was refused a room.

A few days later, a friend of the man contacted the Kurashiki Tourism Convention Bureau, which followed up on the issue. Kurashiki’s Desk for Promoting International Peace and Communication then called the Chinese man in late April to apologize, saying “We’re sorry for the discomfort caused you by our city, which is promoting itself as a a place for international tourism.”

The same bureau sent a letter of warning (chuui kanki) and guidance to its affiliated members dated May 7.

The Chinese man works in Japan and has no problems communicating in Japanese. He fumed, “This is outrageous. How would Japanese feel if the same thing happened to them? It must stop.”

The management of the hotel refusing foreigners, on the other hand, said, “We can’t deal with all the language issues regarding foreign lodgers, so that’s why we refuse them.” They indicated that they would continue doing so.
======================
ARTICLE ENDS

COMMENT: Not mentioned in the article is that the hotel in question is

BUSINESS HOTEL APOINTO
(Kurashiki Miwa 1 chome 14-29, phone 086-423-2600), website http://www5.ocn.ne.jp/~apoint/

I called the Kurashiki City Government (particularly the Kankou Convention Bureau, 086-421-0224, Mr Ono), and a few other places today to find out more about the case.

Finally calling the hotel, I talked to a Mr Kawakami, who said that they saw the error of their ways (thanks to administrative guidance from the city government), and would no longer be refusing foreign guests.

Good, but this is quite a U-turn, on the very day an Asahi article comes out saying that they would continue. Guess it remains to be seen. I have notified my friends in Kurashiki to keep an eye out.

In the end, thanks are owed the Kurashiki City Government (unusually; see other cases of government inaction in the face of clear and signposted racial discrimination archived at the ROGUES’ GALLERY OF EXCLUSIONARY ESTABLISHMENTS) for actually doing something about the problem.

They were, of course, legally bound to, since the Ryokan Gyouhou (Hotel Management Law) Article 5 requires hotels to keep their doors open to anyone, unless there is a health issue involving contagious disease, a clear and present endangerment of public morals, or because all rooms are full. (See Japanese original of the law here.) [No mention of “gambling” as one of the endangerments, despite what the Asahi article says above.]

Which is what makes hotels a relatively refusal-free haven for NJ in Japan (on the books, anyway). One of the issues brought forth in the Otaru Onsens Case was that the Otaru City Govt’s hands were tied because the bathhouses were private-sector, therefore outside of any legal control vis-a-vis discrimination. As I keep saying, racial discrimination is not illegal in Japan.

But hotels in particular are specifically-governed by a law preventing wanton refusals, including those based upon race or nationality. See more here.

Still, the law is only as good as those who enforce it. Tokyo Shinjuku-ku, for example, has a business hotel named TSUBAKURO (Tokyo Shinjuku-ku Hyakuninchou 1-15-33, Tel 03-3367-2896, website here.).

TSUBAKURO has been refusing foreigners for years (see their signs at https://www.debito.org/roguesgallery.html#Shinjuku) and have been called and visited a number of times (last time by Debito and friends in February 2005).

I have even told the local Hyakuninchou Police Box about this, shown them the law, and photos of the sign. They told me to take it up with the Shinjuku Police HQ. Great job, boys.

Meanwhile, the signs and exclusionary rules stay up at Tsukaburo. Anyone want to take this up with the authorities? (I’m too far away to make any visits to police HQ.)

In any case, thanks Kurashiki City Govt.! Arudou Debito in Sapporo

朝日:「外国人だから」と宿泊拒む 倉敷のビジネスホテル

mytest

ブロクの皆様こんばんは。有道 出人です。いつもお読みいただいてありがとうございました。

さて、今朝新聞に載った記事ですが、私はきょうそれぞれのところに調べに電話して、結果発表を記事の下に記載します。

===========================
「外国人だから」と宿泊拒む 倉敷のビジネスホテル
朝日新聞 2007年05月17日06時53分
http://www.asahi.com/national/update/0517/OSK200705160090.html

 岡山県倉敷市内のビジネスホテルで4月、広島市在住の中国人男性(45)が、外国人であることを理由に宿泊を拒否されていたことがわかった。旅館業法では、伝染病患者であることが明らかな場合や賭博などの違法行為をする恐れがある場合など以外は宿泊拒否は認められておらず、同市は男性に「不愉快な思いをさせた」と謝罪した。同市は市内の宿泊施設に外国人を理由に宿泊拒否をしないよう周知徹底を図る、としている。

 中国人男性は4月3日夜、最初に訪れた倉敷市内の別のホテルが満室だったため、ホテルの従業員が電話でこのビジネスホテルに空室があることを確認してくれた。しかし、従業員を通じて「外国人は泊めないと言われた」と伝えられた。

 男性がビジネスホテルを訪れて真意をただしたところ、フロントで支配人の男性(70)に「外国人は泊めないのが方針」と言われ、宿泊を拒否されたという。

 男性から話を聞いた知人が数日後、同市の外郭団体の倉敷観光コンベンションビューローに相談し、同市が事実関係を確認。市国際平和交流推進室が4月中旬、「国際観光都市として売り出している中、不愉快な思いをさせて申し訳ない」と電話で男性に謝罪した。

 同ビューローも加盟施設あてに5月7日付で指導の徹底を求める注意喚起の文書を送付した。

 日本で仕事をしている男性は日本語に不自由はなく、「日本人が同じことをされたらどう思うか。非常に心外だし改善してほしい」と憤っている。一方、宿泊を拒んだビジネスホテルの支配人は「外国人客は言葉などの面で対応しきれずお断りしている」と話し、今後も外国人の宿泊を断るという。

===========================

有道よりコメント:

 本日午後、当局(倉敷市観光振興課、観光コンベンションビューロ(086-421-0224 小野氏)など)に電話して、結局ホテルの名前を聞きました:

 ビジネスホテル「アポイント」(倉敷市美和1丁目14−29, 086-423-2600)website http://www5.ocn.ne.jp/~apoint/

 当ホテルに電話して、「かわかみ」という方と話しましたが、「外国人お断りは取り止めました。市から指導を受けて、これから外国人を受付します」などと言いました。

 よかろうが、なぜ今朝こその朝日新聞さえ『宿泊を拒んだビジネスホテルの支配人は「外国人客は言葉などの面で対応しきれずお断りしている」と話し、今後も外国人の宿泊を断るという』を報道したのでしょうか。ましてや、倉敷市の観光コンベンションビューロがアクションを起していなければ、このUターンにならなかったのではないでしょうか。

 対照的な事例は東京都新宿区の「ビジネスホテル つばくろ」(東京都新宿区百人町1-15-33 Tel 03-3367-2896)は数年間「外国人お断り」をしています。私と友人は数回も(2005年2月は前回)「このポリシーはいかないですよ、旅館業法五条違法」と説明しても、支配人はそのままです。最近「(日本語話せる方はOK)」を書き加えたが、それでも違法行為です。(当ホテルの「外国人客お断り」の看板はこちらです。)しかし、近くの交番にこの件を通報しても、「新宿区警察署に言って」と盥回しました。結果は、放置のままです。

 要は、当局からのアクションがなければ、「放置」国家となりますね。差別撤廃は行政府次第です。特に注目することは、小樽温泉問題と違って、「入浴施設は民間会社なので差別行為を取り止める法律がないため、行政府は拘束力がない」と当局が言ったが、ホテルの場合該当する法律(旅館業法)が存在しています。
———————————
旅館業法 第五条
 営業者は、左の各号の一に該当する場合を除いて は、宿泊を拒んではならない。
一  宿泊しようとする者が伝染性の疾病にか かつていると明らかに認められるとき。
二  宿泊しようとする者がとばく、 その他の違法行為又は風紀を乱す行為をする虞があると認められるとき。
三  宿泊施設に余裕がないときその他都道府県が条例で定める事由があるとき。
———————————

 よって、「外国人だから」を理由して拒んではいけません。いつ東京都は法律を執行するのでしょうか。

 とにもかくにも、倉敷市へ感謝いたします。有道 出人

 以上

LA Times: More on forced police confessions

mytest

Hi Blog. Another in a series on how warped the judicial system here can get, with its overreliance on confession (as opposed to gathering evidence). To the point where we have a rare case of a former judge cracking and spilling his guts over a case, giving us some insight on how a panel of three judges could convict a person on circumstantial evidence. Pity the convicted has already spent 28 years in solitary confinement on death row…

Anyway, read on. Another good article. Debito in Sapporo

====================
Japan urged to come clean on confessions
Police routinely torment suspects, say activists for a death row convict whose judge admits, 40 years later, that he erred.
LOS ANGELES TIMES May 12, 2007
By Bruce Wallace Los Angeles Times Staff Writer

http://www.latimes.com/news/nationworld/world/la-fg-confessions12may12,1,5427226.story?coll=la-headlines-world
Courtesy of Larry G and Jon L

TOKYO — The physical evidence that implicated former pro boxer Iwao Hakamada in the stabbing deaths of a family of four on a summer night in 1966 was hardly conclusive.

The clothes prosecutors said he had worn during the killing did not fit him.

The murder weapon Hakamada allegedly used was, according to his lawyers, too small to make the wounds. And, they said, the door police claimed Hakamada used to enter and leave the victims’ house was locked.

But prosecutors had the most important piece of evidence they needed, enough for the three judges of the Shizuoka District Court to find Hakamada guilty and sentence him to death.

Hakamada’s confession.

It did not matter that Hakamada almost immediately retracted his admission and then testified during his trial that he had been beaten and threatened during extended interrogations over 22 days in a police detention cell, with no lawyer present. His signed admission of guilt has kept him in prison ever since, through failed appeals, still awaiting an execution that could come at any time.

Now his conviction is again under scrutiny, after the only surviving judge of the three-man panel that found him guilty — by consensus — broke four decades of silence to say he had always believed that Hakamada’s confession was coerced. The case is seen by analysts here as a stark illustration of the Japanese legal system’s addiction to acquiring convictions by confession.

“I knew right away that something was wrong with his confession,” said the former judge, Norimichi Kumamoto, after he finally went public with his belief that he had participated in sentencing an innocent man to die.

Kumamoto, 70, quit the bench six months after the 1968 trial, and says he has carried “hurt in his heart” over his role in sending Hakamada to death row.

“I have always regretted that I couldn’t persuade the chief judge” to acquit, he says. “He was older than me, and I thought that because he had experienced the war when freedoms were taken away or oppressed, that he would understand what had happened to Hakamada.

“But judges in Japan tended to be influenced by the media and social pressures, and the media were being very aggressive, describing [the accused] as an evil figure,” Kumamoto recalls. “And Japanese tend to believe that the prosecutors’ office, as an arm of the government, wouldn’t do anything intentionally wrong.”

Japanese courts deliberate in secret and verdicts are issued under all three names. (Japan does not have a jury system but plans to introduce a hybrid form of judges and juries in 2009.) Kumamoto kept his doubts about the boxer’s conviction to himself, maintaining silence even as Hakamada’s confession was cited as the reason for turning down his appeals and a bid for retrial.

When the ex-judge finally went public in March at a news conference in Tokyo, much of the subsequent media coverage attacked him for flouting a law prohibiting judges from disclosing deliberations.

Some, however, did welcome Kumamoto’s blistering indictment of the system’s reliance on confessions to maintain a conviction rate that exceeds 99% in criminal trials. Unlike American law, which gives suspects the right to have a lawyer present during questioning, Japan allows police to interrogate people without a lawyer for as many as 23 days before pressing charges or releasing them. They can then be rearrested, beginning another 23-day session.

‘Substitute prisons’

The suspects are kept in small holding cells known as daiyo kangoku, or “substitute prisons,” a setting that critics say allows police to coerce confessions to crimes they did not commit. The Japan Federation of Bar Assns. recently joined human rights groups in contending that holding suspects in such cramped conditions, with little or no contact with the outside world, “is a breeding ground of confession coercion and false accusations.”

“This type of interrogation causes heavy mental suffering to suspects and can be considered torture,” the lawyers group said.

Some judges have shown an increased willingness to question the methods used to acquire confessions. In February, a judge in western Japan reprimanded police and prosecutors for their handling of a case in which 12 defendants were eventually found not guilty of using beer and cash to buy votes in a local election.

Six of the suspects had confessed, but the judge ruled that they probably did so “to please the investigators, as they desperately wanted to be released.”

Police had arrested, released and rearrested some of the suspects — one defendant was held for a total of 395 days — and some said they had been told that unless they confessed, their children would be fired from their jobs. The bullying was so bad that one defendant tried to drown himself, but was rescued.

In two other high-profile cases this year, murder and rape convictions were overturned that had been based solely on confessions extracted under intense pressure.

In 2005, the government made slight modifications to the daiyo kangoku system, allowing video cameras to record questioning in select cases.

But the bar associations say the location of the interview is itself the problem: a holding cell where a suspect can be questioned at any time, for any length of time, without food, breaks or a lawyer.

“Even strong people can confess under those circumstances,” says Katsuhiko Nishijima, a Tokyo human rights lawyer who is at the forefront of the legal campaign to get Hakamada’s conviction overturned.

The greatest resistance to introducing new guidelines comes from the police, Nishijima said. “The police argue that videotaping interviews and allowing lawyers would destroy the necessary trust between police and the suspect,” he said.

Many here say the dependence on confessions is a cultural phenomenon in a country where even the best TV detectives are the ones who pull an admission from the crook in a dramatic interrogation scene rather than uncover evidence.

“The general public has trust in this confession system,” Nishijima says. “It’s in the Japanese DNA: There’s a belief that if you commit a crime, you should come clean and confess. When someone is arrested, the newspapers report that ‘police are now aggressively interrogating the suspect.’ And if he doesn’t confess, then the public are unhappy. ‘Ah, he’s still denying it,’ they say.”

That’s why the recent criminal trial of fallen Internet mogul Takafumi Horie for financial malfeasance was seen here as so extraordinary: The young businessman refused to confess during his incarceration. Other top executives at his firm quickly admitted guilt to investigators and agreed to testify against their boss. But Horie held out and, at his trial, made a rare not-guilty plea. He was convicted anyway.

Maintaining innocence

Since recanting his initial confession, Hakamada, too, has always denied any guilt. His lawyers say the onetime contender for Japan’s flyweight crown now refuses to see either family or his lawyers, his mental condition having deteriorated over 28 years in solitary confinement on death row. In Japan, death row inmates are not told when their sentences will be carried out and some have awaited execution for decades. The 99 inmates currently awaiting hanging live with the knowledge that their death will come with as little as a few minutes’ warning.

Working on Hakamada’s behalf, a team of lawyers and activists, which includes 12 former Japanese boxing champions, announced this week that they would petition the Supreme Court for a retrial. They are optimistic that the late-in-life admission by the judge who helped send him away can still free Hakamada, who is 71.

The former judge himself, aging and becoming weaker, says he is trying to right a wrong before it’s too late for both of them. Kumamoto saw himself as a rising star in the judiciary in the mid-1960s, working his way up the case ladder in Tokyo District Court. He had no compunctions about capital punishment, having presided over five death penalty convictions before Hakamada’s trial.

When he arrived in Shizuoka prefecture to hear the boxer’s trial, the media were clamoring for a conviction. But Kumamoto had also schooled himself in American case law, using Time magazine as a reference for U.S. Supreme Court cases of interest. He was particularly impressed by the Warren court of the 1950s and ’60s, lauding it for “its professionalism and its commitment to the rights of the accused.”

Listening to the evidence, Kumamoto says, he believed the boxer was innocent of the murder charges. Hakamada described in court how police pulled his hair and slapped him during interrogations that lasted more than 12 hours a day, and how he was forced to use a portable toilet in the room. He testified that police threatened to bring his mother and brothers in for questioning as well unless he confessed.

By the morning of the 21st day, he said, he was dizzy, feverish and wanted only to rest. Begging for a break, he offered to confess “in the afternoon” if they would just allow him to rest. Instead, the officers came back into the room with a document labeled “Confession” and berated him into signing. He told the court the document was never read to him.

“I wanted a silence and had a headache so just wrote down my name and put my head down on the table,” he testified. “They held my hand and took my fingerprint.”

‘Media pressure’

Although the interrogators testified that they did not use force to get the confession, Kumamoto says he was convinced at the time that it was unreliable. The retired judge says he had even drafted a thick “not guilty” ruling to be read in court when the other two judges insisted on a conviction and ordered him to rewrite the ruling.

“It was half because of the confession, half because of the media pressure,” Kumamoto explains.

He still can’t get Hakamada out of his mind. The images come to him in the late afternoons, he says: the way Hakamada confidently met the judges’ eyes when they entered the courtroom, convinced he was about to be set free. The way his body slumped and his head fell forward at the guilty verdict.

“I couldn’t hear the words that I had written being read out in court,” Kumamoto recalls, tears in his eyes. “I almost lost my mind.”

Kumamoto said he always hoped that a higher court would overturn the verdict. He never considered going public until now. Not after he left the judiciary when a senior judge suggested to him that such a liberal thinker would be happier and more productive as a lawyer or academic. Not during Hakamada’s appeals and pleas for retrials.

“There was no right time until now,” Kumamoto says, refusing to elaborate.

But he’s ready to meet Hakamada to apologize. “And I’ll stand as a witness for him in the Supreme Court, if this is possible,” he says.

“It’s getting late. It’s the last chance.”

—————————
bruce.wallace@latimes.com

Hisako Ueno of The Times’ Tokyo Bureau contributed to this report.
ENDS

YouTube on the Uyoku (Right Wing) in Japan

mytest

Hi Blog. Here is a recently-added series of YouTube videos about the Right Wing (Uyoku) in Japan. It’s an hourlong TV show for broadcast on the commercial networks (meaning five 10-minute parts) put online by a Japanese (who by his YouTube record is archiving a lot of visual history).

The show was produced by Fuji TV. It has a somewhat sympatheic bent towards the Uyoku (i.e. the interviewers even get rides inside the soundtrucks, and they depict the rival Sayoku (Extreme Left–in this case only the Chuukakuha is mentioned) as monolithic, militant, and unclear in ideology). I still found it a fascinating insight into the people behind the black windows and steering wheels of the sound trucks.

It’s not made clear when this show was broadcast (it mentions twenty years since Mishima Yukio’s suicide, the recent institution of the Heisei Emperor, and the collapse of Soviet Communism creating a loss of mission for the Uyoku), so let’s say the early 1990’s. Given we are now in Heisei 19 it may be a bit dated.

It opens with a branch of Uyoku lecturing NJ in Roppongi on how to behave in Japan (even if they’re saying “Obey Our Laws, Gaijin”, not “Yankee Go Home” sorts of things, I still find this attitude quite rich…). As this show was filmed long before official GOJ campaigns to depict and target foreigners as criminals, it’s not clear how the Uyoku would behave in the same situation nowadays.

The archiver also insinuates (below) that most people (especially the “gaijin”) are uninformed, in that the Uyoku are somehow misunderstood as “militant racists”. But this show hardly sets the record straight for me; it remains clear that even with all the splinter groups, the common thread is still deification of the Emperor, purity as ideology, and having all Japanese share a common mindset of birthright. Given that I saw the Dai Nippon Aikoku Tou speak yesterday in Odori Park, Sapporo, for more than an hour by their big blue bus (slogan on the back: “Give us back Karafuto [Sakhalin] and Chishima Rettou [the Kuriles]” (i.e. not just the Northern Territories), it’s not clear how they would treat the racially-separate peoples on those islands (or within Japan itself, given all the children of international marriages with Japanese citizenship). I remain doubtful that they would be accepting, which by definition would lead to militant racism.

In sum: As I believe Japan is lurching rightward in recent years, this is worthy of a viewing to get an idea what the extreme version wants. In Japanese with very good English subtitles. Somebody put a lot of work into making this series accessible to the outside world. Arudou Debito in Sapporo

Here is the write-up on the series from the person who YouTubed the series:

========================================

Added May 09, 2007
From oniazuma

1990-The Uyoku are a flamboyant, more hard line faction of Japan’s Right Wing Movement. NOT to be confused with the traditional, regular right wing conservatives.

Also note that the Uyoku is not a single united entity, rather there are many factions voicing many opinions on almost all issues. Some uninformed Japanese and almost all gaijin will just see the surface of the movement and assume they are all militant racists.

This documentary covers the various factions of Uyoku, and their transition from a united front of Anti Communism as Communism dies out, to a shaky future without a ultimate goal. What is the new path for the Uyoku?

Kodo (Action) Uyoku——————————-
We see the Great Japanese Vermillion Light Association, who looks for a new objective. They believe that the Uyoku should change from a feared organization with a violent gangster stereotype to one that is loved by the people. They have taken up the environment as their primary concern, and voice that they are a Human Rights Organization.

Ninkyo (Yakuza) Uyoku—————————–
We see the Japan Youth Society, backed by the Sumiyoshi Yakuza Family. We see that the Yakuza Culture is a Culture of itself. This group may possibly have the strongest mobilization and manpower of them all. They are guided by the old code of gangster honor, and they are not afraid to let anyone know that.

New Uyoku———————————– ——
Characterized by Writer Mishima Yukio, who slit his stomach and had his comrade behead him after a failed coup. The New Uyoku Group we meet, The Issui-Kai (One Water Association) wears casual clothing, appeals to the youth and has a new philosophy of Anti Americanism through popular culture – manga, punk rock etc. The Anti-Americanism directly conflicts with the Original Uyoku, who are very much Pro-American.

Original Uyoku———————————– –
After Senator Akao Bin passed away, his Great Japanese Patriotic Party still lives on. Its members still continue the Anti Communist Stance, “Until it completely dies out.” They lead a humble lifestyle, supported by a small but loyal following. They do not seem to be changing anytime soon.

The Great Japanese Patriotic Union’s leader Asanuma Michio is a hard core old school Uyoku to the end. He firmly still believes that terrorism is right, and that one day a Japan with the Imperial Majesty as the leader will be constructed.

All-Japan Patriot’s Conference Chairman of the Board of Directors Kishimoto Rikio is another old school Uyoku, from before the war. A staunch Shintoist, he seems to be more of a religious old man than a gangster or a fanatic. He seems to not believe in taking over the nation, or making Japan Uyoku. He sees Japan as already having changed too much, that possibly he and his movement are a product of a different time.

Westernized (?) Uyoku—————————–
Nationalist Philospher Nomura served 17 years in the penitentiary for various violent political crimes. Now, he is seen as the leading spokesperson for the Uyoku. Media friendly and immaculately dressed not in Traditional Japanese clothing but in Italian Fashion, he may be the New Face of a Laid back, Informal, Westernized Uyoku.

What is the new path for the Uyoku?

Japanese Uyoku 1
http://www.youtube.com/watch?v=Rkdqa1HUPWA

Japanese Uyoku 2
http://www.youtube.com/watch?v=3PapfmWSyGQ&NR=1

Japanese Uyoku 3
http://www.youtube.com/watch?v=u02UO8dwzGQ

Japanese Uyoku 4
http://www.youtube.com/watch?v=TB-uRpmremw

Japanese Uyoku 5
http://www.youtube.com/watch?v=4dVTrzJsUeY
ENDS

CHE on measures against Japan’s historical amnesia

mytest

Hi Blog. As a corollary to the issue of Japan’s historical amnesia (particularly the Abe Administration’s need to deny the Comfort Women issue and reinstitute “Beautiful Country Japan” though enforced patriotism and a selective retelling of history), here’s an example of civil society and disappearing war veterans at work to preserve the record. Debito in Sapporo

===================================

War Museum Resists Japan’s Historical Amnesia
By DAVID MCNEILL in Tokyo
The Chronicle of Higher Education April 27, 2007

Link for subscribers: http://chronicle.com/weekly/v53/i34/34a05401.htm
Courtesy of the author

The photographs are sickening, a gallery of horrors from a war in which the casualties were counted in the millions: decapitated and disemboweled bodies, dead babies discarded in ditches, skulls staring from a pile of human bones.

After five minutes, the mind starts to numb; 10 minutes and the air in this converted warehouse in a northern suburb feels still and heavy, the weight of history seeping through the doors.

In the newly opened Chukiren Peace Museum, the 80-year old curator, Fumiko Niki, is among a small group of activists and academics who have spent years compiling a depository of records that they say proves the enormity of the imperial army’s war crimes before and during World War II. The effort to remember that history is being lost in a growing revisionist tide, she fears.

“We are in a very dangerous period,” says Ms. Niki. “Awareness of Japan’s role in wartime is fading.”

The main purpose of the museum, she says, is to provide “facts and evidence to history scholars” who want to learn the truth of Japan’s war in China from the early 1930s to 1945. “It is a unique collection,” says the curator. “The repatriated survivors used to be rank-and-file soldiers, which means they were in the front line of the most murderous activities.”

Some other Japanese museums discuss the Nanjing massacre and other war crimes, but typically in a way that minimizes or whitewashes the brutalities committed. The most famous example is the museum attached to Yasukuni Shrine, in Tokyo, which is dedicated to the spirits of soldiers who died in combat, including some convicted of war crimes. That museum essentially argues that Japan was forced into the Pacific war by Western colonialism.

‘Lid on a Stinking Pot’

The core of the Chukiren museum’s collection is the testimony of 300 Japanese army veterans who, while in custody in China in the 1940s and 50s, confessed to atrocities there, including rape, torture, and infanticide. Photographic evidence is held in the archives. Ultranationalists have threatened to burn down the museum, prompting the elderly staff members to look into the unfamiliar world of high-tech security.

The firsthand accounts and more than 20,000 books were donated by Chukiren, an association founded in 1957 by 1,100 veterans who had been held prisoner in China after the war. Many of them had believed that they would be executed as a result of war-crimes trials in China in 1956. But only 45 were indicted, and all of the veterans were repatriated by 1964.

Some became academics and teachers and spent the rest of their lives writing and speaking about what they had done as soldiers. Their testimony was fueled by atonement, compassion, and the need to fight what they saw as Japan’s historical amnesia. When they were not being ignored, however, they were objects of scorn, vitriol, and mistrust. Many critics said the returned veterans had been brainwashed by Chinese Communist propaganda.

“You won’t find these things in school textbooks,” says one of the veterans, Tsuyoshi Ebato, who helped compile the archive.

The accounts include that of a sergeant major who had raped and killed a Chinese woman, and then actually joined other members of his unit in eating her flesh. Mr. Ebato says he himself trained recruits to use captured Chinese for bayonet practice.

“Terrible things like this happened all the time,” he says. “Now people are saying that they never happened. Japan wants to keep a lid on a stinking pot.”

The opening of the Chukiren museum has been hailed by progressive scholars.

“As a historian of that war, I find the testimony consistent with both the documentary record and my own interviews with Chinese villagers,” says Mark Selden, a senior fellow in the East Asia program at Cornell University, in an e-mail message. “Like their American counterparts who returned home to tell of their own destructive acts in Vietnam, the Chukiren soldiers have braved opprobrium from super patriots to tell the truth about the war and their own part in it.”

The collection also includes almost all of the writings of Masami Yamazumi, a former president of Tokyo Metropolitan University and a well-known critic of Japanese education.

Mr. Yamazumi linked his own efforts to preserve evidence of war crimes with his political activism. He fought a long battle to keep official displays of the controversial hinomaru (rising sun) flag out of official school ceremonies. Today, four years after his death, the flag flutters in schools across the country.
ENDS

DEBITO.ORG NEWSLETTER MAY 13, 2007

mytest

Hello Blog. Contents of this week’s newsletter as follows:

///////////////////////////////////////////////////////////////

1) IPS ON JAPAN XENOPHOBIA’S EFFECT ON ECONOMIC GROWTH
2) KTO ON GAIJIN HANZAI AND SEXING UP FOREIGN CRIME FIGURES
3) NYT ON FORCED CONFESSIONS BY JAPANESE POLICE
4) LUCIE BLACKMAN’S ALLEGED KILLER ACQUITTED, ODDLY
5) ANTHONY BIANCHI REELECTED TO INUYAMA CITY ASSEMBLY
6) PEACE AS A GLOBAL LANGUAGE CONFERENCE, KYOTO, SUBMISSIONS DUE MAY 31

and finally…
7) KYUSHU CYCLETREK 2007: REPORT OF THE 768-KM TRIP WITH PHOTOS

///////////////////////////////////////////////////////////////

By Arudou Debito in Sapporo, Japan

May 13, 2007

Freely forwardable, real-time blog at https://www.debito.org/index.php

///////////////////////////////////////////////////////////////

1) IPS ON JAPAN XENOPHOBIA’S EFFECT ON ECONOMIC GROWTH

Here’s another article outlining the social damage created by Japan’s close-to-a-decade (since April 2000, see my book JAPANESE ONLY) of media, police, and governmental targeting of NJ as agents of crime and social instability:

Even when the press finally decides to turn down the heat, the public has a hard time getting over it.

=========== EXCERPT BEGINS =================

XENOPHOBIA MAY HAMPER ECONOMIC GROWTH

By Suvendrini Kakuchi

Inter Press Service News Agency, May 8, 2007

http://www.ipsnews.net/news.asp?idnews=37549

Courtesy of Hans ter Horst

TOKYO, Apr 30 (IPS) – Junko Nakayama, 56, refuses to believe that the number of foreigners arrested for crimes is decreasing as per statistics released by the National Policy Agency.

”There are an increasing number of foreigners, mostly Asian, in the area where I live and they look menacing. I am now very nervous when I walk back home from the train station in the evening,” she says.

Nakayama, who works in an international company, is not alone. Surveys indicate that more Japanese–over 70 percent in a poll–believe that the influx of foreigners into Japan is posing a threat to the country’s famed domestic peace. The notion is fuelled, say activists, by sensationalism in the media over crimes committed by overseas workers.

Accepting foreign migrant workers and treating them equally has been a long simmering debate in Japan where pride in national homogeneity is deep-rooted.

Says Nobushita Yaegashi at Kalaba No Kai, a leading grass roots group helping foreign labour: ”Despite new steps to allow foreign workers into Japan, they are viewed as cheap labour not as individuals who have the right to settle down and make a life in Japan. This policy reveals Japan’s xenophobia and is represented in the media.”

=========== EXCERPT ENDS =================

Rest at https://www.debito.org/?p=361

More on the history of the GOJ’s anti-foreign campaigns starting from:

https://www.debito.org/TheCommunity/communityissues.html#gaijinimages

https://www.debito.org/TheCommunity/communityissues.html#police

One interesting stat from the article:

—————————————————

“On average, foreigners are paid around 15,000 US dollars annually, almost half the minimum considered necessary to live in this country.”

—————————————————

That’s quite a bellwether wage differential, and would definitely like to cite that in future. I asked the reporter for her sources, and she replied that she arrived at that figure after going through the reams of news clips in the press club library, as well as talking to workers and experts.

This is an average, remember. For when you factor in the high pay that foreign diplomats, expat businessmen, foreign legal community, and financial marketers get in Japan, that means this figure should be even lower for foreign factory workers.

///////////////////////////////////////////////////////////////

2) KTO ON GAIJIN HANZAI AND SEXING UP FOREIGN CRIME FIGURES

The Kansai Time Out had a decent two-page article in their May issue on how the GOJ is misrepresenting crime statistics. Opening with the infamous GAIJIN HANZAI Magazine we talked about some months ago, it says what we’ve been saying for quite some time now; glad to see that others agree and keep passing the torch.

=========== EXCERPT BEGINS =================

The increased size of the foreign population is not the only thing that challenges the accuracy of the crime figures. The statistics themselves, both in raw numbers and in percentages, only tell half the story due to the difficulty in defining what constitutes “foreign” crime. According to official reports, “foreign residents” are defined as those who stay in Japan on visas for twelve months or longer, yet short-term visitors (e.g, tourists, illegal immigrants, and temporary workers) are also included in the “foreign crime” statistics, though they aren’t included in the two-million registered foreign nationals. This anomaly has the potential to skew the statistics to make it appear that the crime rate is actually higher. If the actual number of foreigner nationals who are in the country during the year is included in the figures (an additional approximately six million annual visitors), then the total jumps to 6.3 percent of the population, meaning that the crime rate would decrease from a modest 2380 per 100,000 to a mere 597. The crime rate among Japanese is 1776 per 100,000…

=========== EXCERPT ENDS =================

If you can tolerate run-on sentences, the rest of the article is scanned at

https://www.debito.org/?p=362

///////////////////////////////////////////////////////////////

3) NYT ON FORCED CONFESSIONS BY JAPANESE POLICE

Thanks to two friends for sending me this. Another good article from former hack and now serious journalist Norimitsu Onishi. Keep it up!

=========== EXCERPT BEGINS =================

PRESSED BY POLICE, EVEN INNOCENT CONFESS IN JAPAN

The New York Times, May 11, 2007

By NORIMITSU ONISHI

http://www.nytimes.com/2007/05/11/world/asia/11japan.html?ex=1179547200&en=a4eb5f0efa88a7a9&ei=5070&emc=eta1

SHIBUSHI, Japan The suspects in a vote-buying case in this small town in western Japan were subjected to repeated interrogations and, in several instances, months of pretrial detention. The police ordered one woman to shout her confession out a window and forced one man to stomp on the names of his loved ones.

In all, 13 men and women, ranging in age from their early 50s to mid-70s, were arrested and indicted. Six buckled and confessed to an elaborate scheme of buying votes with liquor, cash and catered parties. One man died during the trial–from the stress, the others said–and another tried to kill himself.

But all were acquitted this year in a local district court, which found that their confessions had been entirely fabricated. The presiding judge said the defendants had “made confessions in despair while going through marathon questioning.”

The Japanese authorities have long relied on confessions to take suspects to court, instead of building cases based on solid evidence. Human rights groups have criticized the practice for leading to abuses of due process and convictions of innocent people.

But in recent months developments in this case and two others have shown just how far the authorities will go in securing confessions…

=========== EXCERPT ENDS =================

Rest at https://www.debito.org/?p=367

COMMENT: Japan’s interrogation techniques of 23 days’ incarceration with marathon inquests break down plenty of innocent people, as the article demonstrates. A primer on the issue available at Debito.org artery site

https://www.debito.org/whattodoif.html#arrested

And it’s certainly an issue germane to Debito.org since Japanese police routinely engage in racial profiling and targeting foreigners (https://www.debito.org/whattodoif.html#overstay) –expressly in the name of “effective prevention of infectious diseases and terrorism” (https://www.debito.org/japantimes052405.html). It’s lucky with Japan’s extremely high conviction rates (more than 99%) that these people got off.

Speaking of people miraculously beating the rap:

///////////////////////////////////////////////////////////////

4) LUCIE BLACKMAN’S ALLEGED KILLER ACQUITTED, ODDLY

This is old news, which I didn’t get to before Golden Week, but still bears mention:

=========== EXCERPT BEGINS =================

SERIAL RAPIST OBARA GETS LIFE TERM

DEVELOPER ACQUITTED IN BLACKMAN SLAYING BUT SENT UP IN RIDGWAY’S MURDER

The Japan Times, Tuesday, April 24, 2007

http://search.japantimes.co.jp/cgi-bin/nn20070424?1.html

The Tokyo District Court acquitted wealthy property developer Joji Obara of the 2000 death and dismemberment of British bar hostess Lucie Blackman but sentenced him to life for the slaying of an Australian woman and a series of rapes nearly a decade ago.

Obara, 54, was charged with serial rape and the death of two foreign women–Blackman in 2000 in a case that became one of Japan’s most notorious sex crimes and raised concerns over the safety of women in night clubs and the sex industry here, and Australian Carita Ridgway in 1992.

Despite widely reported circumstantial evidence, Obara was cleared of all charges relating to Blackman. He was sentenced to life for nine other rapes, including the attack that led to Ridgway’s 1992 death–a case that may have gone unpunished, ironically, had Blackman’s disappearance not triggered suspicions that led to the accused…

=========== EXCERPT ENDS =================

Given that Blackman’s body was found encased in cement, close to the flat of a person with an established history of poisoning and mashing women, something doesn’t quite add up here with this court verdict. As the Japan Times pointed out in an analysis piece the same day:

=========== EXCERPT BEGINS =================

APPROACH TO BLACKMAN SLAYING HIT, LIKENED TO KEYSTONE COPS

FAULTY POLICE PROCEDURES SEEN FOILING QUICK ACTION, PREVENTION

The Japan Times, Tuesday, April 24, 2007

http://search.japantimes.co.jp/cgi-bin/nn20070424f1.html

By JUN HONGO AND ERIC PRIDEAUX

…Blackman’s dismembered body was discovered in a cave on Kanagawa Prefecture’s Miura Peninsula in February 2001, about 200 meters from one of Obara’s many summer getaway homes.

Yet Obara has said prosecutors lack sufficient evidence to hold him responsible for Blackman’s death, the dismemberment of her body or any of the other charges…

[F]ive days after Blackman was last heard from, on July 6, 2000, police received a call from the manager of Obara’s condominium on the shores of the Miura Peninsula and were told of a tenant who had been making lots of noise in his unit the day before.

Prosecutors say police visited the apartment that evening and found Obara naked from the waist up, covered in sweat. Officers asked permission to look around his apartment and were allowed in. Chunks of cement were strewn near the entrance and around the apartment. Asked about this, Obara said he had been “removing tiles,” according to a trial transcript.

When officers requested access to the bathroom, Obara said, “You’ve already seen enough.” Upon further questioning, he grew agitated and the officers eventually left.

Besides the concrete debris, officers also glimpsed a bulky sack in the room and what appeared to be a gardening hoe…

The way police handled the Blackman and Ridgway deaths appear remarkably similar to that of Lindsay Ann Hawker, a 22-year-old Briton found slain last month.

The suspect in that murder, Tatsuya Ichihashi, 28, gave several officers the slip at his Chiba Prefecture apartment, where Hawker’s strangled corpse was found in a disconnected tub full of sand on his balcony.

He had allegedly been stalking Hawker, an English teacher at a Nova school, and she had agreed to go to his apartment to give him a private lesson.

Although police claim their team was properly positioned when they went to question Ichihashi on Hawker’s disappearance on March 26, he managed to bolt down a fire escape and remains at large.

=========== EXCERPT ENDS =================

Rest at https://www.debito.org/?p=356

Funny thing about all this is, Japan has many famous “enzai” (framing) cases, where the police try very hard to make the case that someone is guilty, even with only circumstantial evidence.

One example here, the Eniwa Enzai Jiken:

http://www4.ocn.ne.jp/~sien/

http://stone2.at.infoseek.co.jp/eniwa.html

Other enzai cases here:

http://www.sayama-case.com/ring/ring.cgi

(Articles in Japanese)

And a brief on the case (old, no newer article found on JT site) here:

MURDER ARREST LOOMS

The Japan Times, May 23, 2000 (page down past first article)

http://search.japantimes.co.jp/cgi-bin/nn20000523a5.html

which ended with a conviction on circumstantial evidence.

Why do the Japanese police seem to have such a hard time dealing with crime committed against non-Japanese, yet have very little compunction about treating NJ as criminals themselves…? Building a case…

Now it’s time for some good news:

///////////////////////////////////////////////////////////////

5) ANTHONY BIANCHI REELECTED TO INUYAMA CITY ASSEMBLY

Naturalized citizen gets a second lease on his public career:

============================

US-BORN BIANCHI REELECTED IN AICHI

Japan Today, Monday, April 23, 2007 at 06:56 EDT

http://www.japantoday.com/jp/news/404663

Courtesy of Ben at The Community

NAGOYA Anthony Bianchi, originally from Brooklyn, New York, was reelected Sunday as an assembly member in Inuyama, Aichi Prefecture.

Bianchi, 48, had resigned as an assembly member to run in the city’s mayoral election in December. After losing the mayoral bid, he ran again for an assembly seat in the city, which has a population of around 75,000.

Bianchi first came to Japan in the late 1980s and became a naturalized Japanese citizen in 2002. After working as an English teacher in Inuyama, he won a seat in the city assembly in April 2003 with the largest number of votes ever cast for a candidate in the election of 3,302. (Kyodo News)

ENDS

============================

More on Anthony here:

http://www.japanprobe.com/?p=766

http://www.npr.org/templates/story/story.php?storyId=1248301

http://www.wnyc.org/shows/bl/episodes/2003/08/01

Anthony’s official website here:

http://www.bianchi-inuyama.com/

Congratulations!

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6) PEACE AS A GLOBAL LANGUAGE CONFERENCE, KYOTO, SUBMISSIONS DUE MAY 31

Friend Albie Sharpe asked me to pass this along:

===============================

Call for Presentations

6th Annual Peace as a Global Language Conference

Cultivating Peace, in association with a Model United Nations ‘Imagine Peace’

Date: Saturday, October 27 – Sunday October 28.

Venue: Kyoto University of Foreign Studies.

Submissions related to education and research in the following areas are invited:

– peace, the environment, human rights and other global issues,

– intercultural communication, values, health, gender and media literacy,

– foreign language education focusing on global issues.

Presentations may be in English or Japanese, or bilingual. Presenters may be teachers, students, researchers, journalists, activists and others interested in education for a better world.

Submissions should be sent by e-mail to: submissions@pgljapan.org

Deadline for Submissions: May 31, 2007

Further information http://www.pgljapan.org

===============================

I submitted a proposal for four different talks. We’ll just let them choose which one (or two, perhaps) they want.

///////////////////////////////////////////////////////////////

and finally…

7) KYUSHU CYCLETREK 2007: REPORT OF THE 768-KM TRIP WITH PHOTOS

=========== EXCERPT BEGINS =================

This is not the first time I’ve done something like this. I’ve undertaken a number of cycletreks (see one of my favorite essays at https://www.debito.org/residentspage.html#cycletreks), the last one last summer where a friend and I cycled from Sapporo to Abashiri via Wakkanai and Monbetsu (total for me, 940 kms over nearly two weeks).

But cycling can be addictive, so long as you can take a bicycle seat numbing your tuckus all day, since it ultimately becomes meditation with a view. And by the end of around the third day, when your body has become accustomed to exhausted early nights crashing in a tent, followed by amazingly-full raring-to-go recovery by sunrise, you get into a rhythm and a self-actualizing sense of accomplishment:

You have fuel, functional legs, full tyres, and a flat surface to cycle upon. You feel as if can go anywhere, do anything. All that stands between you and your destination is time–since distance (when you go at least 100 kms a day) becomes surmountable.

Here’s where my legs took me this Golden Week in Southern Kyushu…

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Rest of the report, with scans of maps and photos of scenery and me en route at

https://www.debito.org/?p=368

Should be a pleasant diversion from Debito.org’s usual fare.

///////////////////////////////////////////////////////////////

Thanks for reading!

Arudou Debito in Sapporo, Japan

debito@debito.org

https://www.debito.org

DEBITO.ORG NEWSLETTER MAY 13, 2007 ENDS

SPECIAL REPORT: KYUSHU CYCLETREK 2007 (with photos)

mytest

Hello Blog. Let’s give you a report on a fascinating week, this time blogged instead of the regular html format:

KYUSHU CYCLETREK 2007
MIYAZAKI TO FUKUOKA, VIA THE COASTAL ROUTE

By Arudou Debito, Sapporo, Japan
May 13, 2007

This is not the first time I’ve done something like this. I’ve undertaken a number of cycletreks (see one of my favorite essays at https://www.debito.org/residentspage.html#cycletreks), the last one last summer where friend Chris and I cycled from Sapporo to Abashiri via Wakkanai and Monbetsu (total for me, 940 kms over nearly two weeks). But cycling can be addictive, so long as you can take a bicycle seat numbing your tuckus all day, since it ultimately becomes meditation with a view. And by the end of around the third day, when your body has become accustomed to exhausted early nights crashing in a tent, followed by amazingly-full raring-to-go recovery by sunrise, you get into a rhythm and a self-actualizing sense of accomplishment: You have fuel, functional legs, full tyres, and a flat surface to cycle upon. You feel as if can go anywhere, do anything. All that stands between you and your destination is time–since distance (when you go at least 100 kms a day) becomes surmountable…

Anyway, with that in mind, here’s where my legs took me this Golden Week…

THE ENTIRE ROUTE:

Here’s a scan from my brand-new TOURING MAPPLEmapplecover001.jpg–a new map designed for those who wish to see Japan on two wheels (with tips on where to eat, stay and see for motorbikers):

kyushumap001.jpg

The island is Kyushu, Japan’s southernmost big island containing Fukuoka as its metropolis. The route I took is traced in blue. Total distance covered: 768 kms over the course of ten days. Average speed for the duration of the trip, 13.1 kph–which sounds pretty doddering (my trip last summer averaged 16.9 kph) until you take into account the difference in terrain between Hokkaido and Kyushu…

=======================================
DAY ONE: APRIL 27, 2007: TOKYO TO HANEDA, THEN AROUND MIYAZAKI
TOTAL DISTANCE: 48 KMS

Friend Chris (who had the original idea of cycling around Kyushu in the first place–I was originally considering starting in Kurashiki and heading down counterclockwise around Shikoku) put me up in his apartment, and we cycled the surprisingly long distance to Haneda Airport (it’s at least 20 kms from downtown Tokyo) to get our bikes loaded on a regular domestic flight (they won’t take bikes without the front wheel taken off and all the loose parts stuffed into a bike bag, of course). But once finished (JAL, although it won’t take any responsibility for any damage incurred en route, was very good about packing), it was very comfortable to fly in cycling clothes with no luggage for a change.

Once in Miyazaki, I introduced Chris to my favorite chicken nanban restaurant (he’d never had the stuff, but it’s a staple in Miyazaki Prefecture). Then we enjoyed the hospitality of friends in Kyushu (Steve and Masako van Dresser), who proteined us up for the trip, and let us use their living room floor (we had bedrolls and sleeping bags, so no worries).

======================================
DAY TWO: APRIL 23: MIYAZAKI TO POINTS SOUTH
AOSHIMA, NICHINAN, KUSHIMA VIA TOI MISAKI, SHIBUSHI
TOTAL DISTANCE: 168 KMS

kyushumap002.jpg

I’ve been on three separate other cycletreks totaling around a month, and I must say: This was the most difficult cycling day I’ve ever had. And it just had to come on the first day, of course. Although the map indicates that the road hugs the coast (indeed it does), Miyazaki’s roads in this region start about 50 or so meters up on each cape, zooming inland and downhill to a town with a beach and a traffic light (which kills your precious momentum). Then another uphill greets your journey to the next cape rising about 50 or so meters again in elevation. In Hokkaido, at least (the site of all my other cycletreks), coastal roads stay close to sea level most of the time.

kyushumap003.jpg
Closeup of Toi Misaki. Doesn’t this look flat to you? The coast, I mean. Heading south then west.

This daylong slingshotting up and down took an incredible amount of energy out of me (Chris less so, it seemed–as he’s more than 15 years younger than me, and with a brand new, light, state-of-the-art cycle jeering at my boneshaker of a mountain bike). Not to mention the weather was clear and lovely, but with a small enough headwind to hold me in place and toast the spots on my arms and feet I had missed coating with sunblock…

miyazakibay.jpg
Some of the many beautiful bay views in southern Miyazaki. Pity we’re looking down upon them from such a high altitude…
070428_154450.JPG

Turns out Day Two was an overture of road conditions that would last the entire trip: Zoom down, climb up, repeat, repeat… Then start having thoughts about the cursed inverse proportion of Potential and Kinetic Energy, and the tyranny of the Conservation of Momentum. I hate hills–I mean absolutely *loathe* them; I am not an athlete and always look for the easiest way to get from here to there (hence I credit my cycling mileage to mere stubbornness). Alas, hills are much of what the terrain down here is. Kyushu is in desperate need of an Ice Age…

Lesson we soon learned for those who follow in our wake: If you want to get anywhere in Kyushu in decent time, without a motor, and without significant anaerobic acid buildup in your muscles, stick to the main roads. They generally have some semblance of shoulder or bike path, and remain under ten degrees in slope. Otherwise, all bets are off (there was one detour in Nichinan that involved a hastily-built road with bits–I swear–with about 25- to 30-degree slopes. Don’t think that the small-scale side roads are going to give you scenery worth the effort. Get a motorcycle if you really want to explore.

We cycled past sunset, just made it across the border from Miyazaki Prefecture into Kagoshima Prefecture, and spent the evening in a resort onsen hotel, with baths and nap-inducing reclining chairs. Until we were booted out into the night…

========================================
DAY THREE: APRIL 29: AROUND THE RINGS OF KERRY (SATSUMA STYLE) WHERE DISASTER STRUCK
SHIBUSHI, KANOYA, SATA, IBUSUKI
TOTAL DISTANCE: 255 KMS

kyushumap004.jpg

If you really get cartoony about it, Kyushu is shaped vaguely like a upturned cupped hand reaching south to scoop up the islands leading to Okinawa. Our plans were to cross the pinky and head north to Kagoshima City, with its perpetually erupting volcano in the crook of the pinky and ring fingers called Sakurajima. That, however, was not to be.

This being Golden Week, the time when Japan has the most potentially consecutive holidays all year, all the hotels were booked in the onsen areas of port town Shibushi. No worries–tent and sleeping bag were bungee-corded to the back of my cycle, as per plan. What was not according to plan was Chris’s announcement as we were pulling up to Kanoya, Kagoshima Prefecture’s second city:

“Just got word through my keitai. Family emergency. I’ve got to return to Tokyo immediately.”

Oh hell. So be it. I saw Chris off at the Kanoya bus station (he made plane reservations from Kagoshima to Tokyo in minutes on his cellphone), and I went on alone.

That was better. Nobody to worry about falling behind or keeping up with, or taking responsibility for best-laid plans gone agly. I wound up taking the wrong road, found my way back to the coast, and cycled along the lovely seaside towards Sata (mainland Japan’s southernmost tip–but too hilly for my liking), embarked on a ferry across the bay to Ibusuki (famous for its hot beach sands–get buried up to your neck and experience one of the most relaxing situations ever), and found myself in a campsite overlooking an island connected to the mainland only at low tide.

070429_142930.JPG
Exhausted, but made it aboard the ferry to Ibusuki with less than ten minutes to spare…

I was too tired to do much but just pitch my tent, unzip my sleeping bag, and fall asleep shortly after sunset. Again, it takes a couple of days for the body to get into the rhythm…
kyushutentnighttwo.jpg

====================================
DAY FOUR: APRIL 30: GETTING MY MOJO ON
IBUSUKI TO LAKE IKEDA/KAIMON DAKE, MAKURAZAKI, UP THE COAST TO KASEDA
TOTAL DISTANCE: 345 KMS

kyushumap005.jpg

Again, cycling alone was advantageous because I lost two hours taking the wrong road up a caldera to see Lake Ikeda. To quote Led Zeppelin, nobody’s fault but mine. It wasn’t cycling after a while–it was just pushing the bike up the switchbacks, but that in itself was a nice break from pedaling (i.e. it uses different muscles) and the road was shaded. Interesting also was that occasionally people would actually stop their cars, get out, and talk to me about where I was from and where I was going (the baggage of dealing with a White face speaking Japanese took less time than average to get over, it seemed). And once over the rim of the crater, I was rewarded with a lake view backgrounded by Kaimon-Dake, the Mt. Fuji of Kagoshima Prefecture with its near-perfect cone.

070430_101240.JPG
The view of Kaimon-Dake from Ikeda-ko. That’s not the ocean. That’s a lake. Lake elevation 60 meters, I’m at about 100 meters along the caldera rim.

However, I found I wasn’t making good time–it was nearly lunchtime and I hadn’t covered much more than 20 kms, so off I went along the reasonably flat coast to the southernmost city on the ring finger peninsula–Makurazaki.

Famous for its bonito (katsuo), Makurazaki is an industrial seaport town with its coast barred by a wall of cement tetrapots–as if it once got hit by a tidal wave and wasn’t going to get fooled again. Entering the city was no more pleasant–it reeked of smoke and looked run-down and Dickensian. Was glad to head inland on the main road as far north as I could reach that day: Kaseda, or after consolidation with nearby towns, Minami Satsuma City.

I found myself in a marvelous campsite (on a site that apparently had military connections during the war; war memorials to the Tokkoutai (“Kamikaze” pilots) are scattered throughout Satsuma) on coastal Kaseda, being put up in a tent within a tent that could stand a typhoon (we did in fact get zapped by a storm that night, which during my cycle coma I hardly noticed). It was the site of the national sandcastle festival, opening that night, so I got a free fireworks display thrown in. One of the nicest evenings of the trek.

kyushutentnight3.jpg
A tent within a tent at Fukiage Hama. Built like a brick shithouse. Could even stow the bike out of the weather within the first layer of canvas…

=======================================
DAY FIVE: MAY 1: GETTING INTO THE RHYTHM
KASEDA, FUKIAGE BEACH, SENDAI, AKUNE
TOTAL DISTANCE: 434 KMS

kyushumap006.jpg

The storm had blown itself out, and I was able to take a cycle path following Fukiage Hama, a 40-km beach famous as a nest for sea turtles.
fukiagehama.jpg
A leisurely cycle along rice paddies, windbreak trees, and odd valleys filled with freshwater crabs clacking their way into nooks and crannies (redolent of that scene battling bugs in Peter Jackson’s KING KONG) made me glad I was not miniature. Sunburn had gone a painless burgundy (thanks to evening baths in cold water–a mizu buro was always available in every bathhouse I visited nightly), and once the cyclepath ended 30 kms later, I found myself playing chicken every now and again with trucks on shoulderless roads, wondering if I should take a side road–and realizing I had better not.

In Akune, I found a hotel in my Touring Mapple which had a room, and to my surprise the price listed in the book (a little over 6000 yen including two meals) not only was inapplicable (due to Golden Week), but also the 7500 yen holiday price they quoted me instead wouldn’t even include meals. I called the manager, showed him his Mapple listing, and said I would accept the holiday price (GW premiums were understandable) but wanted meals included. He obliged, and I made up the difference with the cheapest meal on the menu with a side order and a beer. The manager said he would be in touch with the Mapple publishers with a correction…

=======================================
DAY SIX: MAY 2: MARATHON MAN
AKUNE, NAGASHIMA, AMAKUSA, AND ZERO NORTH
TOTAL DISTANCE: 535 KMS

kyushumap007.jpg

This would be the most ambitious day on the road, as I would be covering a good distance with some difficult terrain, crossing two islands. Akune to Nagashima Island was fairly pat, with a swift current and a whirlpool under the bridge across, and some lovely terraced paddies covering too much topography. But otherwise the only thing of note was a shed storing a right-wing sound truck (so this is where they keep them…). Ironically parked in front was a jet-black Mercedes, with the circular logo clumsily removed (it’s not Japanese, after all). I reached the ferry between Nagashima and Amakusa islands before lunchtime, and celebrated the half-hour ferry break with a well-deserved nap.

This finally got me out of Kagoshima Prefecture, a place I found (particularly the ring finger and Nagashima) to be sullen and in parts impoverished. Kumamoto Prefecture, starting with Amakusa, seemed much richer, both in culture (there is a long, deep, Christian history with some towns, such as Sakitsu, built around a church!) and in income (receiving port Ushifuka was rich and full of public works). People seemed friendlier and more receptive to tourists (many of the signs were in Korean), and my stop by a roadside stand serving champon (again, recommended by the Mapple) got me a decent bowl of noodles served by a hospitable waiter overlooking the rising tides of the bay.

070502_143208.JPG
Champon with a view

But as I aimed my bicycle at Reihoku (a city at the top of the island, which I translated as Zero North until I realized the kanji for “nought” was different), I realized that what the champon restaurateur warned me was true–the roads would get steeper and narrower, down to nearly one lane even on a national road.
amakusaview.jpg
A lovely view. Much appreciated if you didn’t have to cycle up and down several of these per day…

Over the course of this trip I felt every kilometer, doddering slowly enough to see monkeys, ferrets, gigantic poisonous centipedes, and all manner of wildlife. But once past the mountain bottlenecks, I had an 11-km home stretch along the coastal plain, racing the sun to the horizon in hopes of reaching Zero North before the winds picked up, and the temperatures dropped again for the night.

reihokusunset.jpg
The sunset over Reihoku, arriving just in time…

I made it, only to find the Mapple-recommended seaside campsite was primitive, and the administrator (a nearby ryokan) would not sell me a meal or let me into their baths (“Guests Only”, they said). The closest bath was more than 4 kms away, it was already dark and windy, so I resigned myself to a sweaty night in the sleeping bag–my first ever in Japan.

In a foul mood, I biked down to the harbor looking for a meal and found a friendly hole-in-the-wall restaurant, whose patrons soon made conversation as I was their only customer. They were most interested to hear my complaints about the ryokan (“If they are the kanrinin, shouldn’t they be providing some at least some kind of bath? It’s not like they have to buy advance provisions for a meal.”), and promised to pass them up the ladder in this small town. Then they offered to drive me the 4 kms to the nearest bath and retrieve me an hour later. I gratefully accepted, and found myself with the local working-class folk fresh out of work at the town’s biggest industry–the enormous garbage incineration plant, whose twenty-storey smokestack dominates the city skyline. One of the gentlemen in the locker rooms, in charge of plant publicity and used to dealing with NJ visitors, befriended me, listened to my Ryokan Complaint, and also promised to pass it up the ladder. He then showered me with osenbei rice cookies (hey, this is Japan), rubber gloves (clueless why), and information about the town and the plant that he rushed out and got on his own recognizance while I was soaking. I was then dropped back off near my bike, where I cycled in the full moon back to my campsite feeling like I had had yet another one of my little Japan adventures…

========================================
DAY SEVEN: MAY 3: DAY OFF
REIHOKU TO NAGASAKI
TOTAL DISTANCE: 548 KMS

kyushumap008.jpg

I caught the first ferry of the day (8:30 am) across the bay and left Central Kyushu for North. Maybe I’ve mentioned that I hated hills. Well–Nagasaki is nothing but, and getting there after an hour’s ferry ride meant surmounting an 8-km hill between Mogi and the city center. Done in surprisingly short time (when it’s the only hill of the day), I soon rolled into the pizza parlor of Chris Tierney, purchaser of my Japanese Only T-Shirt.
chrisjapaneseonly.jpg
A professional pizza pie thrower (he’s appeared on Japanese TV, taking second place in a national competition, and his dough is the best part of his lovely little pizzas), I ate four of them at CHRIS’ PIZZA during my stay.

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Here’s one of them, long since digested…

He also introduced me to several friends, and we not only had a nice walk around the beautiful city of Nagasaki, but also evening beers around his campfire site next to his house on the very top of the hill (which he amazingly walks two and fro every day to get to work).
070504_075736.JPG
The view from Chris’s guestroom window in Nagasaki. Note hills.
This was the best night of the trek, and you can read about it a little more (with a photo) on one of the guest’s blogs (http://true-bitch.blogspot.com/2007/05/crusader-on-bicycle.html).

=====================================
DAY EIGHT: MAY 4: THE REACH NORTH
NAGASAKI, OHMURA, YOROKOBINO
TOTAL DISTANCE: 611 KMS

kyushumap009.jpg

This day should have been total crap, since it was raining constantly (and would without much letup the rest of my trek). But I waited until lunchtime for some abatement, realized after a pizza it was now or never, and bid farewell to Chris (not before a photo–you can see me in my bright-yellow raingear above).

And it was essentially a total crap day. All I could do was dodge car splashes and keep listening to NPR on my iPod, and wonder just how much distance I could cover this day (since I had lost half of it due to a sleep-in in a real bed and a nice breakfast courtesy of Chris’s wife). Chris noted that he’d covered the distance between Nagasaki and the local airport in Ohmura in ten minutes on the expressway. But he’s totaled three cars, so he’s not much of a measure of sane speeds. Even still, I didn’t get through the damn place (the city itself is about 6 kms long) until nearly 4PM, and had the sinking feeling that I would be sleeping rough in the rain in my tent, something I always prefer to avoid.

But I had better luck this time. When I eventually turned inland and finished climbing a 5-km hill (not very steep, but punishingly long) at about 5 kph, I realized that the outskirts of onsen town Yorokobino had some Love Hotels. Problem is, they weren’t offering their overnights unless you stayed in the hotel from after 10 PM, and by now it was only 6 PM. Nevertheless, I pulled into the shabbiest one around (they would probably be more hungry for my business and less likely to be full), and talked the laughing matron of the establishment into taking me in. “Don’t tell our manager, but I’ll comp you two hours. Pay me one Rest Rate and then the Stay Rate and I’ll throw in your meal.” Deal. Total cost: 7600 yen. Given the size of the bed and the bath (big enough for two, natch), plus free TV (I could only stay awake for about an hour of it–devoted to the weather channel, not porno), and curry rice and cup noodle brought to my door. I felt snug and safe as I heard the rain pick up for the evening…

==================================
DAY NINE AND TEN: MAY 5-6: REACHING MY DESTINATION
YOROKOBINO, TAKEO, SAGA, AND FUKUOKA
TOTAL DISTANCE: 768 KMS

kyushumap010.jpg

As I said, the rain just kept on coming down, so I slogged it through to the flatlands of Saga (there isn’t much but rurality in the whole prefecture), turned north towards Dazaifu, and realized that despite covering more kilometers than any other day (more than 120), thanks to the lack of topography I was in downtown Fukuoka long before sunset.

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Arrival at Fukuoka Airport, trusty hoss as relieved as I…

My host, union activist Chris Flynn, took me into his brand new house, had me fed, and regaled me with stories of labor disputes won and lost. Since I had cut my trip a day short due to the weather, I spent the next and final day cycling around Fukuoka City proper, thinking I might see some of the man-made islands around the harbor. But when drizzle graduated up to downpour with chilly wind thrown in, I gave up and spent the day in a harborside onsen (ironically called Yunohana–the very name of the Otaru onsen which we sued successfully for racial discrimination) warming my bones. Another evening with Chris and family providing wine and SPIDERMAN on the TV later, I was cycling to the airport (probably the most convenient one in Japan–only two kms from the main train station, Hakata) the next morning to pack up my bike and head home, dressed only in short sleeves and shorts (I had thrown away my long-unwashed other clothes), to a Hokkaido about two months behind weatherwise.

==================================
CONCLUSIONS

I generally like to end my travelogues (see previous ones at https://www.debito.org/residentspage.html#OTHERESSAYS) with some insights into life, the universe, and everything. Doubt if I can this time, really. This report is one I have to toss off in one part because I have a lot of other essays, papers, and speeches baying to be finished.

But one lesson I think I have learned is that when it comes to the unpredictability of a journey like this (where there are so many variables, be it exhaustion, road conditions, fickle fancy of roadside attractions, and most of all the weather), it’s best (for me, anyway) to travel solo unless you really can relate to a partner. For alone, if something goes wrong, there are no fingers to point elsewhere, nobody to curse or blame but the fates, and no guilt for possible bad advice. And if people cycle at different rates, you either slow somebody down or feel like you’re being held back, which is a fun damper. I can’t imagine how others do these treks in groups.

I don’t feel alone in this. I saw other bikers on the trail (not many; about five), and three of them were not at all friendly. They kept themselves to themselves, and were not interested in sharing stories or discovering origins when they had to make a certain amount of distance before nightfall. Or maybe they just didn’t want me to break their meditation or stride. Suited me fine. The interesting thing was that the unfriendly ones looked older than me. Maybe that’s the future.

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During one of my refuelling… er… eating breaks outside a konbini… Almost there. Don’t I look social?

Already looking forward to the next cycletrek (Hokkaido again, this summer),
Arudou Debito in Sapporo
May 13, 2007
KYUSHU CYCLETREK 2007 REPORT ENDS

NYT on forced confessions by Japanese police

mytest

Hi Blog. Thanks to two friends for sending me this. Another good article from former hack and now serious journalist Norimitsu Onishi. Keep it up!

Japan’s interrogation techniques of 23 days’ incarceration with marathon inquests break down plenty of innocent people, as the article below demonstrates. A primer on the issue available at debito.org artery site at https://www.debito.org/whattodoif.html#arrested

IF YOU DID NOT DO IT, DON’T CONFESS. OR ELSE YOU WILL GO TO JAIL.

And it’s certainly an issue germane to this blog since Japanese police routinely engage in racial profiling and targeting foreigners–expressly in the name of “effective prevention of infectious diseases and terrorism”. It’s lucky that with Japan’s extremely high conviction rates (more than 99%) that these people got off. Arudou Debito in Sapporo

=====================================
Pressed by Police, Even Innocent Confess in Japan
THE NEW YORK TIMES, May 11, 2007
By NORIMITSU ONISHI

http://www.nytimes.com/2007/05/11/world/asia/11japan.html?ex=1179547200&en=a4eb5f0efa88a7a9&ei=5070&emc=eta1

SHIBUSHI, Japan — The suspects in a vote-buying case in this small town in western Japan were subjected to repeated interrogations and, in several instances, months of pretrial detention. The police ordered one woman to shout her confession out a window and forced one man to stomp on the names of his loved ones.

In all, 13 men and women, ranging in age from their early 50s to mid-70s, were arrested and indicted. Six buckled and confessed to an elaborate scheme of buying votes with liquor, cash and catered parties. One man died during the trial — from the stress, the others said — and another tried to kill himself.

But all were acquitted this year in a local district court, which found that their confessions had been entirely fabricated. The presiding judge said the defendants had “made confessions in despair while going through marathon questioning.”

The Japanese authorities have long relied on confessions to take suspects to court, instead of building cases based on solid evidence. Human rights groups have criticized the practice for leading to abuses of due process and convictions of innocent people.

But in recent months developments in this case and two others have shown just how far the authorities will go in securing confessions. Calls for reforms in the criminal justice system have increased, even as Japan is to adopt a jury-style system in 2009 and is considering allowing victims and their relatives to question defendants in court.

In Saga Prefecture in March, a high court upheld the acquittal of a man who said he had been coerced into confessing to killing three women in the late 1980s. The court found that there was no evidence against the man other than the confession, which had been extracted from him after 17 days of interrogations that went on more than 10 hours a day.

In Toyama Prefecture the police acknowledged early this year that a taxi driver who had served almost three years in prison for rape and attempted rape in 2002 was innocent, after they found the real culprit. The driver said he had been browbeaten into affixing his fingerprint to a confession drawn up by the police after three days of interrogation.

“I Just Didn’t Do It,” a new documentary by Masayuki Suo, the director of “Shall We Dance?” has also raised popular awareness of coerced confessions. The documentary is based on the real-life story of a young man who was falsely accused of groping a teenage girl on the Tokyo subway and imprisoned for 14 months. It portrays how the authorities extract confessions, whether the accused are guilty or not.

“Traditionally in Japan, confessions have been known as the king of evidence,” said Kenzo Akiyama, a lawyer who is a former judge. “Especially if it’s a big case, even if the accused hasn’t done anything, the authorities will seek a confession through psychological torture.”

The law allows the police to detain suspects for up to 23 days without an indictment. Suspects have almost no contact with the outside world and are subject to constant interrogation, a practice that has long drawn criticism from organizations like the United Nations Human Rights Committee and Amnesty International.

Suspects are strongly pressed to plead guilty, on the premise that confession is the first step toward rehabilitation.

The conviction rate in Japanese criminal cases — 99.8 percent — cannot be compared directly with that of the United States, because there is no plea bargaining in Japan and prosecutors bring only those cases they are confident of winning. But experts say that in court, where acquittals are considered harmful to the careers of prosecutors and judges alike, there is a presumption of guilt.

In Tokyo, the National Police Agency acknowledged mistakes in the vote-buying case here in Shibushi but defended the system. “We do not think that this is the kind of thing that happens all the time,” said Yasuhiro Shirakawa of the agency’s Criminal Investigation Bureau.

“It is not only about confessions,” he added. “We always inspect whether there is corroborating evidence and whether what the suspects said is true or not.”

In Shibushi, the authorities have gone unpunished, as have those in the two other cases. In a written reply, the police said they had followed the law in their investigation but seriously took the verdict to heart.

It remains unclear what set off the investigation in 2003 of the campaign of a local politician, Shinichi Nakayama, who was elected for the first time to the local assembly that year, beating the protégé of a longtime power broker.

The police started by accusing Sachio Kawabata — whose wife, Junko, is the assemblyman’s cousin — of giving cases of beer to a construction company in return for votes. Mr. Kawabata said he had given the beer because the company had sent guests to an inn that he owned.

Mr. Kawabata soon found himself enduring nearly 15 hours of interrogation a day. Locked in a tiny room with an inspector who shouted and threatened, he refused to confess.

So on the third day, Mr. Kawabata recalled, the inspector scribbled the names of his family members on three pieces of paper. He added messages — “Grandpa, please hurry up and become an honest grandpa,” and “I don’t remember raising you to be this kind of person” — and told Mr. Kawabata to repent.

Drawing no confession after an hour, the inspector grabbed Mr. Kawabata by the ankles and made him trample on the pieces of paper.

“I was shocked,” recalled Mr. Kawabata, 61, who was hospitalized for two weeks from the stress of the interrogation. “Man, I thought, how far will the police go?”

Mr. Kawabata, who was never indicted, recently won a $5,000 judgment for mental anguish. Trampling the pieces of paper, it turned out, had its roots in a local feudal practice of ferreting out suspected Christians by forcing them to stomp on a cross.

The police then moved on to more potent alcohol. According to the trial’s verdict and interviews with 17 people interrogated by the authorities, the police concocted a description of events according to which the assemblyman spent $17,000 to buy votes with shochu, a popular distilled spirit, and gifts of cash.

One of the first to confess was Ichiko Fujimoto, 53, a former employee of the assemblyman. After a couple of days of interrogation she broke down and admitted not only to distributing shochu and cash to her neighbors, but also to giving four parties at her home to gather support for the assemblyman.

“It’s because they kept saying, ‘Confess, just confess,’ ” Ms. Fujimoto said in an interview at her home. “They wouldn’t listen to anything I said.”

Everything in her confession was made up, a court concluded. But it was enough for the police to start extracting confessions from others for supposedly receiving shochu and money at the parties. One neighbor, Toshihiro Futokoro, 58, began despairing on the third day of interrogation, even though he had yet to be formally arrested and was allowed to go home after each day’s questioning.

“They kept saying that everybody’s confessing, that there was nothing that I could do, no matter how hard I tried,” Mr. Futokoro said, adding, “I thought that nothing I said would ever convince them.”

At the end of the third day, Mr. Futokoro tried to kill himself by jumping into a river but was pulled out by a man out fishing. He then confessed.

Another man, Kunio Yamashita, 76, succumbed after a week of interrogation. The police told him that he was the lone holdout and that he could go home if he confessed. “I hadn’t done anything, but I confessed, and I told them I’d admit to whatever they said,” said Mr. Yamashita, who eventually spent three months in jail.

A woman, Eiko Hamano, 65, confessed after the police threatened to arrest her unless she cooperated. “They said that my grandson would be bullied at school, that my child would be fired from his company, that my whole family would suffer forever,” she recalled.

On the fourth day, feeling so sick that she could barely walk, Ms. Hamano confessed to accepting money. To prove that she had spent the money, the police told her to find a receipt for an $85 purchase, she said.

But when she presented the police an $85 receipt for adult diapers she had bought for her mother, they told her she was now confessing to having received $170 instead and needed a receipt for that amount. Luckily, she had just bought a sink for that amount.

“Now I can laugh about it,” said Ms. Hamano, who refused an order by the police to shout a confession out of a window. “But it was serious back then.”

Others never confessed, including the assemblyman, Mr. Nakayama, 61, who spent 395 days in jail, and his wife, Shigeko, 58, who spent 273 days.

The village postmaster, Tomeko Nagayama, 77, spent 186 days behind bars. She was held alone in a windowless cell that she was forced to clean every night after enduring a full day of interrogation.

The police said her refusal to confess was harming her family, she said. Her husband was sick and could not live alone; her daughter had to quit her job to take over the duties at the post office.

But Ms. Nagayama, a former schoolteacher, never once considered confessing.

“I felt I’d rather die,” she said. “This kind of thing just shouldn’t be tolerated in this world.”
ENDS

KTO on GAIJIN HANZAI and foreign crime

mytest

Hi Blog. Tonight’s entry (since I’m finding my Kyushu Cycletrek report harder going than I thought–a lot more to say than I anticipated) will be something I got from friend Steve this morning from the Kansai Time Out. Since KTO is not available everywhere in Japan, here are the pages scanned. All about GAIJIN HANZAI Mag and the media/GOJ’s approach to sexing up foreign crime. Hope you can stand run-on sentences…

Anyway, the article says what we’ve been saying all along for years now; glad to see other reporters agree. More on GAIJIN HANZAI blogged here at https://www.debito.org/?cat=27 (page down to see previous articles. Arudou Debito in Sapporo

(Click on image to see full file.)

Foreign Crime -- KTO_Page_1-1.jpg

Foreign Crime -- KTO_Page_2-1.jpg
ENDS

Peace as a Global Language calls for submissions by May 31

mytest

Hi Blog. Friend Albie Sharpe asked me to pass this along to you. I submitted a proposal for four different talks this morning–we’ll just let them choose which one (or two, perhaps) they want. Debito in Sapporo

===============================

Call for Presentations

6th Annual Conference

Peace as a Global Language Conference

Cultivating Peace, in association with a Model United Nations ‘Imagine Peace’
Date: Saturday, October 27 – Sunday October 28.
Venue: Kyoto University of Foreign Studies. 6 Kasame-cho, Sakyo ku, Kyoto 615-8558.

Submissions related to education and research in the following areas are invited:
– peace, the environment, human rights and other global issues,
– intercultural communication, values, health, gender and media literacy,
– foreign language education focusing on global issues.

Presentations may be in English or Japanese, or bilingual. The following presentation formats are possible:
– panel discussion (50 110 minutes)
– workshop (50 minutes)
– research presentation (50 minutes)
– poster sessions (no limit)
– other (please specify clearly).

Presenters may be teachers, students, researchers, journalists, activists and others interested in education for a better world.

Submissions should be no more than 100 words, with a 30 word abstract, and accompanied by the following information:
– Name & contact details of each speaker
– Format (Please also indicate if you are willing to give a poster presentation instead of another format.)
– Presentation language (English, Japanese or bilingual)
– Equipment required (please be very specific)
– Preferred date of presentation (November 12 or 13)
Applications may be rejected if the information provided is insufficient.

Submissions should be sent by e-mail to: submissions@pgljapan.org

Submissions may also be sent by post to the following address:
Craig Smith, Kyoto University of Foreign Studies
6 Kasame-cho, Sakyo ku, Kyoto 615-8558

Deadline for Submissions: May 31, 2007

Notification of Decisions: On/around June 30, 2007 via e-mail

Please note: Our budget is very limited. We regret that we cannot provide funding for transport and other expenses. We do not provide guarantees or other documents for visa applications. We are unable to send volunteers to meet presenters at the airport or provide assistance with accommodation (although homestay might be available for a limited number of presenters applying from overseas). Those unable to meet the above requirements are discouraged from submitting proposals as it may result in somebody else losing the opportunity to present. Please be sure to let us know of any change in your details such as e-mail address.

Further information will be posted on our website soon: http://www.pgljapan.org

ENDS

IPS: Xenophobia May Hamper Economic Growth

mytest

Hi Blog. Here’s another article outlining the social damage created by Japan’s close-to-a-decade (since April 2000, see my book JAPANESE ONLY) of media, police, and governmental targeting of NJ as agents of crime and social instability: Even when the press finally decides to turn down the heat, the public has a hard time getting over it.

More on the history of the GOJ’s anti-foreign campaigns starting from:

https://www.debito.org/TheCommunity/communityissues.html#gaijinimages

https://www.debito.org/TheCommunity/communityissues.html#police

One more stat from the article below:

“On average, foreigners are paid around 15,000 US dollars annually, almost half the minimum considered necessary to live in this country.”

Hope to see this substantiated more fully elsewhere so we can cite it in future. That’s quite a bellwether wage differential.

Debito in Sapporo

================================

LABOUR-JAPAN:

Xenophobia May Hamper Economic Growth

By Suvendrini Kakuchi

Inter Press Service News Agency, May 8, 2007

http://www.ipsnews.net/news.asp?idnews=37549

Courtesy of Hans ter Horst

TOKYO, Apr 30 (IPS) – Junko Nakayama, 56, refuses to believe that the number of foreigners arrested for crimes is decreasing as per statistics released by the National Policy Agency.

”There are an increasing number of foreigners, mostly Asian, in the area where I live and they look menacing. I am now very nervous when I walk back home from the train station in the evening,” she says.

Nakayama, who works in an international company, is not alone. Surveys indicate that more Japanese — over 70 percent in a poll — believe that the influx of foreigners into Japan is posing a threat to the country’s famed domestic peace. The notion is fuelled, say activists, by sensationalism in the media over crimes committed by overseas workers.

Accepting foreign migrant workers and treating them equally has been a long simmering debate in Japan where pride in national homogeneity is deep-rooted.

Says Nobushita Yaegashi at Kalaba No Kai, a leading grass roots group helping foreign labour: �-?’Despite new steps to allow foreign workers into Japan, they are viewed as cheap labour not as individuals who have the right to settle down and make a life in Japan. This policy reveals Japan’s xenophobia and is represented in the media.”

The debate over foreigners and crime was highlighted in January when prosecutors in San Paulo, Brazil, charged Milton Noboru Higaki, a former Brazilian worker in Japan, with professional negligence in a hit-and-run case in 1999.

Higaki, a Brazilian of Japanese descent, fled to Brazil four days after the incident that killed a high school girl Mayumi Ochiai, then 16. Her parents then pursued Higaki in his home country in a case that hailed in Japan as a step forward in ensuring judicial accountability of foreigners. Brazil and Japan have no extradition accord and Brazil’s laws forbid the handover of its nationals to foreign countries.

In 2005, Chinese nationals topped the list of foreigners arrested for crime. Nikkei, or second and third generation, Brazilians came next. According to justice ministry figures there are 320,000 of Nikkei living in Japan, working mostly in factories.

�-?The Yomiuri’, Japan’s largest daily, commented on Feb. 17 in an editorial titled �-?Fleeing foreign criminals should be tried in Japan’, said �-?’crimes committed by foreign residents is a serious problem”. The editorial called for a “stringent stance by the Japanese authorities in not allowing foreign criminals to escape punishment.”

But Yasuko Morioka, a human rights attorney, says the media would have done better to focus on the lack of laws to protect foreigners’ rights in Japan. �-?’There is no doubt that provision for access to professional interpretation, documents in their native language, and a legal hearing that considers the rights of foreign foreign workers is largely lacking in Japan,” she explained to IPS.

Morioka said there is no attempt to link crimes committed by Japanese-Brazilian workers to the abuses they suffer — poor working conditions, denial of education for children due to language barriers, discrimination and gross state negligence.

Japan is an attractive labour market for Asian and Latin American overseas workers given the high value of the Japanese yen. On average, foreigners are paid around 15,000 US dollars annually, almost half the minimum considered necessary to live in this country.

Eagerly sought after by small manufacturing companies and farms for cheap labour, they are considered essential to stay competitive against rapid globalisation.

Activists also say Japanese employers easily get away without paying compensation or providing relief when foreign employees are injured during work on the grounds of the lack of documented visas or access to an established system where workers can report this abuse.

Indeed, Higaki was quoted in the media as saying the reason why he fled was because he feared ‘discrimination’ as a foreigner in Japanese courts.

”The charge is understandable,” said Morioka, who is lobbying hard, with the Japan Lawyers Association, for the government to pass legislation that will guarantee the right of foreigners to be treated equally in the host country.

Experts warn that resistance to accepting migrant workers on an equal basis in Japan can result in a host of social problems that can only be blamed on government policies.

According to Hidenori Sakanaka, a former justice ministry official, Japanese companies are desperate to take in foreign workers to make up for a drastic population decline that can only worsen in the coming years.

Japan needs immigrant workers because its own population is both aging and declining. In 2005, deaths outnumbered births by 10,000. From 2006 onwards, the population was projected to dwindle steadily with some projections saying that Japan’s population, currently standing at 127 million, could dwindle to around 100 million by 2050. (FIN/2007)

ENDS

Back in Sapporo, banned from Nagasaki pizza parlor!

mytest

Hi Blog. Just a quick word to say I got back to Sapporo safely yesterday (landing from a Fukuoka flight and making my Business English class with five minutes to spare!). Am trying to get caught up on all my emails and other news from a very eventful two weeks on the road, and will hopefully have a quick report on the 768-km Kyushu Cycletrek written fairly soon.

In the meantime, here’s a couple of pictures of me being banned from Chris’ Pizza in Nagasaki!
chrisrefusesdebito.jpg
chrisjapaneseonly.jpg

Well, okay, he (Chris Tierney) is not really banning me. He’s just another satisfied customer of the JAPANESE ONLY T-SHIRTS available on debito.org. And he’ll be selling them at his parlor in Nagasaki as well if anyone’s interested…

More later! Debito back in Sapporo

Quick post from Nagasaki during Kyushu Cycletrek 2007

mytest

Hi Blog.  Writing from friend Chris Tierney*s (of restaurant CHRIS*S PIZZA fame) home in Nagasaki (this during Day 7 of my most recent cycletrek) to let you know that all is going well.  Have gone Miyazaki to Kanoya to Ibusuki to Akune to Nagashima to Amakusa and Nagasaki on my mountain bike.  Next stops probably Sasebo and Maebara before hitting Fukuoka and home again.  Done 548 kms so far, probably a couple hundred left to go.  Had wonderful weather the whole time, but as of this morning my luck has broken and rain is forecast for the remainder of the trip–not sure what to do now except just keep pedalling. That*s all I have time for now.  Will write again after returning to Sapporo at the end of the week.  Debito in Nagasaki.

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

mytest

Hi Blog. This will be my last blog entry for at least a week (if not until around May 7), as I will be cycling around Kyushu with friend Chris without email or probably web access.

So let’s break on a more pleasant note: From one of my favorite books on Japan (John Dower, EMBRACING DEFEAT, a Pulitzer-Prize-winning tome on the strategies Post-WWII Japanese society used to cope with losing a war), my favorite section (pp. 110-112). Brief comment follows:

==========================
CHILD’S PLAY

Children’s games can provide a barometer of their times. With consumers 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.

There were not many commerical toys in this world, although the first popular one after the war was revealing. In December 1945, a toy maker in Kyoto produced a jeep not quite 10 centimeters long that sold for 10 yen. The stock of one hundred thousand quickly disappeared from store shelves, heralding the modest revival of the toy industry. The quintessentially American nature of the product was appropriate, for the child’s world was defined, in generally positive and uncritical ways, by an acceptance of the fact of being occupied. Jeeps were associated with the chocolate and chewing gum handed out by cheerful GIs, and thus with the few delicious amenities imaginable in these war-torn lives. “Hello,” “goodbye,” “jeep,” and “give me chocolate” were the first English words most youngsters learned. They also learned to fold newspapers into soft GI-style hats rather than the traditional samurai helmets of the past. To older, nationalistic Japanese, a good part of child’s play seemed to involve finding pleasure in being colonized.

The games *were* happy–that was the point of playing, after all–but in ways that almost invariably tended to sadden grownups, for they highlighted so clearly and innocently the pathos that war and defeat had brought into their lives. Early in 1946, for example, it was reported that the three most popular activities among small boys and girls were yamiichi-gokko, panpan asobi, and demo asobi–that is, holding a mock black market, playing prostitute and customer, and recreating left-wing political demonstrations.

Black-market games–hawkers and their wares–might be seen in retrospect as a kind of school for small entrepreneurs, but to grownups at the time they were simply another grim reminder of the necessity of engaging in illegal activity to make ends meet. Panpan asobi, prostitution play, was even harder for parents to behold, for panpan was a postwar euphemism for freelance prostitutes who catered almost exclusively to the GI trade. A photograph from early 1946 shows laughing youngsters in shabby clothes reenacting this–a boy wearing a soft GI hat, his arm hooked into that of a little girl wearing patched pants. In the demo game, children ran around waving red paper flags. As youngsters grew older, play shaded into practice. The press took care to note when roundups of prostitutes included girls as young as fourteen, while schoolboys as well as orphans and runaways quickly learned how to earn pocket money as pimps by leading GIs to women. “You like to meet my sister?” became, for some, the next level of English after “give me chocolate.”

As time passed, the playtime repertoire expanded. In mid-1947, a teacher in Osaka reported that his pupils seemed absorbed in playing “train” games, using the teacher’s platform at the front of the classroom as the center of their activities. In “repatriate train,” children put on their school knapsacks, jammed together on the dais, shook and trembled, and got off at “Osaka.” “Special train”–obviously a takeoff on the railway cars reserved for occupation personnel–allowed only “pretty people” to get on. A “conductor” judged who was favored and who wasn’t. A button missing? Rejected. Dirty face? Rejected. Those who passed these arbitrary hurdles sat in leisure on the train. Those rejected stood by enviously. In “ordinary train,” everyone piled on, pushing and shoving, complaining about being stepped on, crying out for help. Every so often, the conductors balancing on the edges of the platform announced that the train had broken down and everyone had to get off. It was, the teacher lamented, a sorry spectacle to behold: from playing war to playing at utter confusion.

Well into 1949, children continued to turn social disorders into games. In runpen-gokkothey pretended to be homeless vagrants. The game took its name from teh German word lumpen, which had come to Japan earier as “lumpenproleteriat” and then acquired the everyday meaning of being an unemployed vagrant. The atmosphere of lawlessness was reenacted in “to catch a thief” (dorobo-gokko) and “pretending handcuffs” (tejou-gokko). “Catch a thief,” it was said, had replaced hide-and-seek in popularity. Desire to strike it rich was captured in a lottery game. Predictably, child’s play also included kaidashi-gokko, pretending to leave home to search for food [49].

=====================================

COMMENT: This marvellously-written and researched account by Dr Dower, in parts guffaw-inducing, in others depressing, is something rarely considered in historical accounts: The barometer of social suffering as absorbed and reflected in its children doing what kids do: trying to have fun.

The photo accompanying the text (and referred to within), concerning panpan asobi is priceless:
dower111001.jpg
(Click on image to see whole photo)

I especially love the expressions on the girls’ faces. And I can see why people in most societies shield their children’s eyes from what happens next when the couple repairs elsewhere.

On a more serious note, this play wouldn’t be quite so beneficial to society if it wasn’t seen as fun by the children. More like trauma. And given that Tokyo Guv Ishihara Shintaro was about to turn 15 by the time the war ended, it’s perhaps unsurprising that he couldn’t see the brighter side of the Occupation, and became the very stripey character (particularly regarding non-Japanese) that he is.

Arudou Debito in Yoyogi-Uehara, Tokyo

Lucie Blackman’s alleged killer acquitted, given life for other crimes

mytest

Hi Blog. More Japanese judiciary at work. Brief comment (have to keep it brief tonight–done four speeches at ICU these past two days and have to work on the Powerpoint for tomorrow’s) and other articles follow:

========================
Serial rapist Obara gets life term
Developer acquitted in Blackman slaying but sent up over Ridgway’s murder
The Japan Times, Tuesday, April 24, 2007

http://search.japantimes.co.jp/cgi-bin/nn20070424x1.html
Compiled from AP, Kyodo

The Tokyo District Court acquitted wealthy property developer Joji Obara of the 2000 death and dismemberment of British bar hostess Lucie Blackman but sentenced him to life for the slaying of an Australian woman and a series of rapes nearly a decade ago.

Obara, 54, was charged with serial rape and the death of two foreign women — Blackman in 2000 in a case that became one of Japan’s most notorious sex crimes and raised concerns over the safety of women in night clubs and the sex industry here, and Australian Carita Ridgway in 1992.

Despite widely reported circumstantial evidence, Obara was cleared of all charges relating to Blackman. He was sentenced to life for nine other rapes, including the attack that led to Ridgway’s 1992 death — a case that may have gone unpunished, ironically, had Blackman’s disappearance not triggered suspicions that led to the accused.

Obara was charged with raping and fatally drugging Blackman, and mutilating and burying her body in cement in a cave near one of his seaside condominiums. But Presiding Judge Tsutomu Tochigi said there was “no evidence to link the suspect directly to” the dismembering and burying of her body.

Obara, a regular at bars in Tokyo where foreign women pour drinks for clients, was never charged with murder, but instead the lesser charge of “rape leading to death.”

Ridgway was a 21-year-old acting student who also worked as a bar hostess in Tokyo when, according to prosecutors, Obara gave her a drug overdose and raped her in 1992, and she died in a hospital. Her death, however, was not linked to the millionaire until Blackman’s disappearance years later.

Blackman was also 21 and working at a Tokyo night club in 2000 when she disappeared after telling a friend she was going on a drive with a male customer. Her dismembered body was discovered in a seaside cave near Obara’s condominium in Miura, Kanagawa Prefecture, in early 2001, her head encased in concrete.

Prosecutors had alleged that Obara invited Blackman to another of his condos in nearby Zushi in June 2000, drugged her and raped her after she fell unconscious. When Blackman died of a drug overdose, he dismembered her and buried her corpse steps away from the Miura condo, the charges said.

Obara claimed in testimony that Blackman took the drugs herself. His defense argued that no direct evidence has been presented by the prosecution to link Obara to her death, the cause of which remains unknown because of the nature of her remains.

Obara was convicted Tuesday for a string of other rapes, including two more involving foreign women he met at Tokyo hostess clubs. He videotaped many of the attacks.

He had met his victims at nightclubs, had drinks with them and then brought them back to his Zushi condominium, where he drugged them with alcohol and chloroform.

Obara pleaded innocent to all the charges.

While his defense said it has not been proven that Ridgway was drugged to death, Judge Tochigi determined that she died of acute hepatitis due to the intake of chloroform.

Blackman’s disappearance in July 2000 triggered one of Japan’s highest-profile hunts.

The Blackman family has repeatedly come to Tokyo to urge prosecutors and lawmakers to make Lucie’s case a priority, and called on the public to give police any potentially helpful information.

Lucie’s father, Tim, and his daughter, Sophie, were in Tokyo to hear the verdict. “The length of the process and so many years of waiting and wondering has been tough on the Blackman family,” the father said Monday after visiting the cave where Lucie’s body was found.

The verdict also comes as Japanese police are investigating another high-profile murder of a Briton last month.

Lindsay Ann Hawker, whose naked body was found in a sand-filled bathtub on the balcony of an apartment in Chiba Prefecture, was beaten and then suffocated, and police are still hunting for the prime suspect, Tatsuya Ichihashi, who lived in the apartment and had allegedly stalked the victim, who taught English for the Nova language school chain.
ARTICLE ENDS
======================

COMMENT: Japan has many famous “enzai” (framing) cases, where the police try very hard to make the case that someone is guilty, even with only circumstantial evidence.

One example here, the Eniwa Enzai Jiken:
http://www4.ocn.ne.jp/~sien/
http://stone2.at.infoseek.co.jp/eniwa.html
Other enzai cases here:
http://www.sayama-case.com/ring/ring.cgi
(Articles in Japanese)

And a brief on the case (old, no newer article found on JT site) here:

==========================
Murder arrest looms
The Japan Times, May 23, 2000
(page down past first article)
http://search.japantimes.co.jp/cgi-bin/nn20000523a5.html

SAPPORO (Kyodo) Police Monday were expected to arrest a 29-year-old former coworker of a woman whose charred body was found in Eniwa, Hokkaido, in March, on suspicion of murder and dumping a body.

According to police, a passerby found the charred body of Kaori Hashimukai, 24, from Komakomai, Hokkaido, on a street in Eniwa, on the morning of March 17.

The direct cause of her death was determined to be suffocation, and police suspect Hashimukai was burned at the scene after she was murdered.

Hashimukai had been unaccounted for since she left her office in the city of Chitose, near Sapporo, on March 16.

A police investigation found Hashimukai’s vehicle in a parking lot at JR Osatsu Station in Chitose near her office.

Her cellular phone, which was found in her office locker, was used after she was murdered, they said.

Police suspected someone familiar with Hashimukai committed the slaying, and they had been investigating her close friends.

The former coworker from the town of Hayakita, Hokkaido, whose identity was withheld, was with Hashimukai when she left the office the night of her disappearance, police said.

Meanwhile, the suspect filed a civil suit with the Sapporo District Court the same day demanding 5 million yen from the Hokkaido government for the emotional suffering caused by her questioning at the hands of police.

According to the lawsuit, the woman was placed under observation by investigators for roughly a month after police decided she was a possible suspect in the case.

She was admitted to the psychiatric unit of a hospital in Sapporo after being questioned over a 14-hour period as part of voluntary questioning sessions, the lawsuit said.

The former coworker, who was discharged from the hospital Monday, maintains in the lawsuit that she suffered mental anguish from the investigation, which she said was not based on objective evidence but was merely aimed at obtaining a confession from her.
ARTICLE ENDS
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She lost in District and High Court later on, thanks to police efforts to convict her…

And here’s today’s Japan Times news analysis raising the question (to me, anyway) about how Japan’s police keep faffing up cases of crime against foreign criminals:

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Approach to Blackman slaying hit, likened to Keystone Cops
Faulty police procedures seen foiling quick action, prevention
The Japan Times, Tuesday, April 24, 2007

http://search.japantimes.co.jp/cgi-bin/nn20070424f1.html
By JUN HONGO AND ERIC PRIDEAUX
Staff writers

After years of litigation closely watched around the world, the Tokyo District Court sentenced property developer Joji Obara to life in prison Tuesday for raping and drugging nine women, including Australian Carita Ridgway who subsequently died, but acquitted him of all the charges related to the death of Briton Lucie Blackman.

In the Blackman investigation, the highest profile of the 10 cases, despite pressure from the British government and frequent visits to Japan by Blackman’s family since her disappearance in July 2000, authorities were never able to assemble enough evidence to charge Obara, 54, with murdering the former stewardess-turned-Roppongi bar hostess. He denies the charge.

Blackman’s dismembered body was discovered in a cave on Kanagawa Prefecture’s Miura Peninsula in February 2001, about 200 meters from one of Obara’s many summer getaway homes.

Yet Obara has said prosecutors lack sufficient evidence to hold him responsible for Blackman’s death, the dismemberment of her body or any of the other charges.

“The court should give me the benefit of the doubt,” Obara, a once affluent property developer who fell down on his luck, said in a statement released after his counsel’s closing arguments in December.

But many informed observers disagree. One is former police officer Akio Kuroki, a 23-year Metropolitan Police Department detective who said that in the Blackman case, at least, the defendant stands firmly implicated.

“Everything points to Obara,” he said.

On July 1, 2000, Blackman, a 21-year-old hostess at the now-defunct Roppongi club Casablanca, went on an outing with a client from the club, telling her Tokyo roommates by cell phone that she would visit the beach with him and would not be late in returning.

She promised to call again within two hours, according to prosecutors.

That was the last time she was ever heard from. On July 3, the girlfriends received a phone call from a man identifying himself as Akira Takagi, saying that Blackman was in Chiba Prefecture and had joined a cult and was not planning to return, according to trial records.

The following day, the women alerted police that Blackman was missing, describing the phone call to the authorities. Prosecutors say the call was traced to a prepaid cell phone bought by Obara and that he placed the call.

Newspapers started publicizing Blackman’s disappearance on July 13. Prosecutors say that on July 20, the Azabu Police Station received a letter purporting to be written by Blackman, saying she had vanished on her own accord.

Similar letters would arrive in the following months, they said.

It was reportedly after the first letter arrived that police began a rigorous search of Roppongi.

That turned their suspicions toward a certain wealthy man who frequented the local hostess bars. But it would be months before Obara was arrested.

Several brushes with the law might have put Obara on investigators’ radar screens early on, but didn’t.

According to a May 2001 article in Time Magazine, in early October 1997, a young British hostess had shown up at her Roppongi job drugged and gravely ill after spending time with a man the article said was “now believed to be Obara.” Medical exams, the magazine said, indicated she had sustained liver damage.

Her boss, Kazuo Iizuka, took the woman to police on several occasions, urging her to file rape charges against the then-unknown assailant, but police refused to open a case because the woman was a hostess, according to the magazine.

Asked by telephone about the report, a Tokyo Metropolitan Police spokesman refused to comment, because, he said, “Those events occurred in the past.”

A police spokeswoman was also reluctant to provide details in a subsequent query.

In 1998, Obara, using a fake name, was arrested on a Wakayama Prefecture beach after slipping into a women’s restroom dressed in drag in an attempt to surreptitiously videotape a woman using the toilet. He was released after paying a 9,000 yen fine.

And five days after Blackman was last heard from, on July 6, 2000, police received a call from the manager of Obara’s condominium on the shores of the Miura Peninsula and were told of a tenant who had been making lots of noise in his unit the day before.

Prosecutors say police visited the apartment that evening and found Obara naked from the waist up, covered in sweat. Officers asked permission to look around his apartment and were allowed in. Chunks of cement were strewn near the entrance and around the apartment. Asked about this, Obara said he had been “removing tiles,” according to a trial transcript.

When officers requested access to the bathroom, Obara said, “You’ve already seen enough.” Upon further questioning, he grew agitated and the officers eventually left.

Besides the concrete debris, officers also glimpsed a bulky sack in the room and what appeared to be a gardening hoe.

As peculiar as that scene may seem in retrospect, Kuroki, the former detective, stressed that because the Miura police at that point were not even aware of Blackman’s disappearance, they had no reason to be more suspicious of Obara.

Article 35 of the Constitution protects citizens against police searches without “adequate cause.” Still, the Police Execution of Duties Law permits searches of “land, buildings and vehicles” when police “have sufficient reason to believe that a crime has been or is about to be committed” based on “suspicious circumstances.”

Kuroki is disappointed that prosecutors, who claim the sack may have contained Blackman’s dismembered corpse, failed to present any proof.

“Had the officers gone further into the apartment, they would have found solid evidence, and prosecutors could have charged Obara with murder,” Kuroki said.

That September, other victims came forward upon hearing of Blackman’s disappearance and identified Obara, a patron of hers at her hostess club, as someone who had date-raped them. Obara was arrested in October.

Although Blackman’s hair was found at Obara’s apartment in Zushi, Kanagawa Prefecture, none of her blood was, and he stayed mum while in detention.

It wasn’t until the following February that Blackman’s body was discovered buried at the seaside cave, each part encased in concrete and so badly decomposed that the cause of death could not be determined.

Questions also surround the investigation into the death of Ridgway, a 21-year-old Ginza hostess who, having taken ill, was dropped off by a man at a Tokyo hospital. The Australian woman was diagnosed with acute hepatitis and died two weeks later.

Although the man accompanying Ridgway had identified himself as Akira Nishida, prosecutors say a hospital receipt found in Obara’s home after his arrest identifies him as the man in question.

After Obara’s arrest, tests were conducted on Ridgway’s liver, a part of which had been preserved. Prosecutors and news reports say that toxic levels of chloroform were behind the death, but according to medical expert testimony during the trial, it was impossible to prove what triggered the onset of acute hepatitis.

Obara is reported to have kept extensive records of sexual encounters with women. According to respected Australian newspaper The Age, an entry found in a confiscated Obara diary contains the name Carita Ridgway, and beside that, “Too much chloroform.”

Obara disputes any suggestion that he poisoned the woman, and said in his December statement, “It is believable that Ridgway died from shellfish poisoning.”

Details have gradually emerged about Obara, including allegations that he had a penchant for filming the rape of drugged women. Police say the person in the video committing those acts appears to be him in a mask. Yet evidence to substantiate murder charges appears to be lacking.

A tabloid, however, alleged some of the videos show the arm of another male who may have been involved. This man was missing a pinkie and had a tattoo, but no other suspect has been named in the case.

Although professing his innocence, Obara paid Blackman’s father, Timothy, a large sum of money allegedly so he would be less vocal about the case, and also offered money to Lucie’s divorced mother, but she refused.

The way police handled the Blackman and Ridgway deaths appear remarkably similar to that of Lindsay Ann Hawker, a 22-year-old Briton found slain last month.

The suspect in that murder, Tatsuya Ichihashi, 28, gave several officers the slip at his Chiba Prefecture apartment, where Hawker’s strangled corpse was found in a disconnected tub full of sand on his balcony.

He had allegedly been stalking Hawker, an English teacher at a Nova school, and she had agreed to go to his apartment to give him a private lesson.

Although police claim their team was properly positioned when they went to question Ichihashi on Hawker’s disappearance on March 26, he managed to bolt down a fire escape and remains at large.

As in the Blackman case, human limitations appear to play a part in the failure by police to convincingly pin the crime on a suspect.

But Tomomi Ando, a lawyer of 24 years, said that as in the Blackman case, limitations on how far police can carry out their initial search may have been a factor in their failure to nab Ichihashi.

“Since both (Obara and Ichihashi) were not (formal) suspects at that point, it would have been a misuse of authority and an illegal investigation if they probed further,” Ando said.

Either way, he said, in both cases, police could have been more suspicious and modified their tactics while still remaining within the scope of the law.

“It’s no simple matter,” Ando said. “Police might not have not been able to ransack the apartments, but it was possible for them to place officers appropriately (in the Ichihashi search) to avoid a getaway or strengthen their surveillance of Obara.”

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For more stories related to the Lucie Blackman case on the Japan Times, click here

Arudou Debito in Musashisakai, Tokyo