Japan Times’ series on divorce and child abduction in Japan, in part inspired by Debito.org

mytest

Hi Blog. On Tuesday, August 7, 2007, the Japan Times ran three articles from Michael Hassett, Colin Jones, and Mark Smith, on divorce and child abduction in Japan. Wonderful!

But first, a word from one of the authors, Michael Hassett. Arudou Debito in Sapporo

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August 6, 2007
Dear Debito,

I just wanted to let you know that an e-mail exchange that we had about two months ago has surprisingly developed into an article that will be published in “The Japan Times” tomorrow. I have attached the full version. A few small changes might be made.

For the print version of the newspaper, the article had to be shortened to a thousand words–so we just included the part about Japan, along with the conclusion–but a reference will be made to the full version, which will be posted online.

It is my understanding that this is going to be one in a collection of three articles–all on the themes of divorce, child custody, and child abduction–that will be published across the community and lifestyle sections tomorrow.

A lot of the credit for this article belongs to you. Your e-mail containing the story about your trip back to upstate New York and the emotional visits that you had with your daughter stimulated me to contemplate the likelihood of such events occurring, as I expressed in the e-mail that I then sent to you, the details of which I researched afterward to confirm the estimates I initially made.

I know that I and possibly many others do not provide feedback that often, but rest assured that we often find your reports stimulating and appreciate the time you take to keep us all informed. Michael Hassett, Tokyo

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

THE ZEIT GIST
Losing custody: the odds
By MICHAEL HASSETT
Special to The Japan Times, August 6, 2007

http://search.japantimes.co.jp/cgi-bin/fl20070807z3.html

The turmoil of an acquaintance’s divorce recently caused me to contemplate the predictability of falling into such a mess.

This particular individual has not seen one of his children since July 2004, two years before his divorce was even finalized. A separate friend informed me that that ¥2 million and a good lawyer were able to convince his ex-wife to allow him access to his daughter three times a year — yet for only 30 minutes each time and with the provision that he was not allowed to tell his daughter that he was her biological father.

Many of us have heard of high-profile cases of divorce in Japan — such as former prime minister Junichiro Koizumi going two decades without seeing his youngest son, and the two children of Murray Wood being taken from their home in Canada by their Japanese mother — and we sympathize with the parents and particularly the children involved in these complex, highly emotional clashes.

But, increasingly in Japan, parents are divorcing, and one parent — usually the father — is losing custody of any children created during the marriage.

For those contemplating marriage in Japan or those currently in seemingly happy marriages here — particularly men — thoughts must be, “Could this happen to me? What is the risk?”

Specifically, can we determine the probability that a man who marries in Japan will have at least one child with his spouse, then divorce, and subsequently lose custody of any children? This likelihood is not that difficult to calculate, and sadly, it is rather high — over 21 percent…

Rest of the article at:
http://search.japantimes.co.jp/cgi-bin/fl20070807z3.html

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THE ZEIT GIST
COMMUNITY: PARENTAL ABDUCTION
How will Japan respond?
By COLIN P.A. JONES
Special to The Japan Times, August 7, 2007

http://search.japantimes.co.jp/cgi-bin/fl20070807z2.html

Japan has gotten a reputation as a haven for international parental child abduction. Cases making the news tend to be like that of Murray Wood, whose two children were spirited to Japan by their Japanese mother, even though Wood was granted custody by a Canadian court. A Saitama judge ignored the Canadian judgment by ratifying the children’s Japanese living arrangements. This story is hardly unique, as is evidenced by a list on the Children’s Rights Network of Japan Web site (www.crnjapan.com), which was set up by aggrieved non-Japanese parent.

The term “Japanese family law” may seem like an oxymoron to anyone who has experienced the well-intentioned but often ineffectual efforts of Japan’s family courts in child-custody cases, particularly when a foreign parent is involved. Some foreign consular officers are privately scathing when discussing such cases. Diplomats from one G-8 country who discussed the problem with family-court representatives were even told that in such disputes, custody would always be awarded to the Japanese parent — because only they, not the foreign parent, have a family register.

The U.S. State Department’s Web site describes compliance with Japanese family-court orders as “essentially voluntary, which renders any ruling unenforceable unless both parents agree.” Since the courts cannot enforce the return of an abducted child or visitation, they often seem to take the easy way out by finding the status quo to be in the best interests of the children involved. How else can they avoid appearing powerless and irrelevant?

Rest of the article at:
http://search.japantimes.co.jp/cgi-bin/fl20070807z2.html
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THE ZEIT GIST
U.S. takes tougher line on abductions to Japan
By MARK SMITH
Special to The Japan Times, August 7, 2007

http://search.japantimes.co.jp/cgi-bin/fl20070807z1.html

Despite Ronald MacKinnon’s fears that his child would be abducted, the New Jersey Supreme Court in the U.S. recently gave permission for his divorced Japanese wife, Erika, to relocate with their daughter to Okinawa. On July 30, the U.S. Supreme Court denied a stay, so Erika is free to leave.

One might think that these precedents would have custodial parents racing to resubmit requests for international relocation. But instead, we may be about to witness a tsunami of cases similar to MacKinnon’s, albeit with a different outcome.

The gist of the NJSC ruling was that special factors are not required to distinguish international from domestic relocations. They reaffirmed that neither “fear (of abduction) alone” nor a country not being a signatory to the Hague Convention on the Civil Aspects of International Child Abduction should unnecessarily penalize a law-abiding parent. But two important aspects may have been overlooked.

First, the NJSC repeatedly pointed out that Erika had returned with Justine from trips to Japan in the past. Why, they queried, would she now choose to abduct?

The answer is that without a court’s permission to relocate, removing a child to Japan is a clear criminal violation. In such cases, the court typically awards sole custody to the left-behind parent within weeks or even days of the abduction and both local and federal arrest warrants for the Japanese parent are forthcoming. An Interpol notice follows, which makes the abducting parent subject to detention in countries worldwide — a prisoner within Japan. But when a court has given permission to relocate, the hurdles to proving a crime grow tremendously, complicated by thousands of miles and a legal system not very responsive on matters of international comity.

Rest of the article at
http://search.japantimes.co.jp/cgi-bin/fl20070807z1.html

ENDS

Blacklist: Kansai Gaidai, Shokei Gakuin, Kyushu U; Greenlist: Nagoya, Aichi U of E

mytest

The Blacklist of Japanese Universities (https://www.debito.org/blacklist.html), where listed institutions have a history of offering unequal contracted work (not permanent “academic tenure”) to its full-time faculty (usually foreign faculty), has just been updated.

Joining the 102 universities blacklisted are three new entrants, as follows:

BLACKLIST OF JAPANESE UNIVERSITIES

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NAME OF UNIVERSITY: Kansai Gaidai University (Gaikokugo Daigaku) (Private)
LOCATION: 16-1 Nakamiyahigashino-cho, Hirakata City, Osaka 573-1001

EMPLOYMENT ABUSE: Has a remarkable job advertisement where not only are the “ESL Instructor Positions” non-tenure track, with one-year contracts capped at five years, but also entail a heavy weekly workload of “ten 90-minute classes, fifteen 60-minute classes, or a combination thereof” (while tenured J professors rarely have more than 5-7 class periods a week). Duties also include “student counseling, training for speech contests, and other duties as directed by the school” (whatever that means). And what professional with an MA in “TEFL, applied linguistics, or education with a TESOL focus”, with international teaching/living experience elsewhere, and fluency in two languages, would settle for a piffling salary starting at “approx. 4 million yen per year”? (which, believe me, is peanuts!!) Finally KGU states, “The university is interested in midcareer professional ESL faculty who will make a serious commitment to its programs,” without making a serious commitment to the job security of the professional bilingual educator. Talk about having your cake and eating it too.

SOURCE OF INFORMATION: 2007 advertisement from KGU on TESOL, available at http://careers.tesol.org/jobdetail.cfm?job=2619083

Webarchive in case of a dead link: https://www.debito.org/blacklist.html#kansaigaidai
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NAME OF UNIVERSITY: Kyushu University (National)
LOCATION: 6-10-1 Hakozaki, Higashi-ku, Fukuoka City, Fukuoka Prefecture

EMPLOYMENT ABUSE: Institutes Gaikokujin Kyouin/Kyoushi system, meaning contracts for 2 years for full-time foreigners.

SOURCE OF INFORMATION: Job announcement (August 2007) for a native lecturer for German, published on the homepage of the Japanese Society for German Studies (Nihon Dokubun Gakkai). Contract to start in April 2008, limited to 2 years. http://www.jgg.jp/modules/news/article.php?storyid=320 (German text), full translation and webarchive in case of a dead link: https://www.debito.org/blacklist.html#kyuudai

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NAME OF UNIVERSITY: Shokei Gakuin College (Private)
LOCATION: 4-10-1 Yurigaoka, Natori-shi, Miyagi-ken (near Sendai)

EMPLOYMENT ABUSE: “This was formerly Shokei Women’s Junior College, which added the 4-year college 4 years ago. We 3 fulltime teachers, each of whom has had over 10 years’ employment at the college, were unexpectedly given notice of our termination. This happened when we went to sign our yearly contract. Our termination was in the contract, so we had the choice either of agreeing to being fired within two years’ time or losing our jobs immediately if we did not sign. There was no opportunity to discuss this. We were not told about this beforehand and we were not given any reasons. A few days later one of us asked why this decision had been made. The reasons were given reluctantly: they did not like the way we taught (not one person came to observe any of our classes), we had not published (when in fact some of us had), we had not attended meetings or done committee work (even though that was part of our agreement when we were initially hired; we were given extra classes instead) and we were not fluent in Japanese – meaning full literacy skills – despite the fact that we were initially hired with the understanding that Japanese reading and writing skills were not necessary for the job.
“The situation at the college is such that a new administrator came from a state university to help this college survive financially. But this college is a private institution and is designed differently than he was accustomed to. However, he has made sweeping changes that are not in keeping with the tradition of this college. That is, he has put a stop to faculty involvement in decision making, which was an integral part of this institution. Instead, he and his friends from the state institution have meetings off campus and then announce to the faculty what will be done. In other words, no one has a voice here any longer except him and his friends.
“Even when the original teachers from this college tried to persuade him to keep the foreign teachers, he refused to even listen to them. To make matters worse, no one explained to us foreign teachers about the tax situation in this city. So, suddenly, we were told that we would be responsible for paying a full year of taxes. In other words, we have to pay to leave the school. We could live for about 3 months on the tax we have to pay. So, this is very serious for those of us who do not have another job and are too old to get full time work. All of this is a tremendous shock because, in addition to having to pay taxes, the school is refusing to give us severance pay.”

SOURCE OF INFORMATION: Chris Cuadra (schri AT mac DOT com), Shokei ex-employee Anne Thomas, Shokei teacher through March 2008
https://www.debito.org/blacklist.html#shokeigakuin
==============================================

There are also some updates to the Blacklist–new job ads showing that certain universities just won’t change their ways:

AKITA UNIVERSITY (National)
https://www.debito.org/blacklist.html#akitadai

MATSUYAMA UNIVERSITY (Private)
https://www.debito.org/blacklist.html#matsuyama

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Meanwhile, some universities are seeing the light, and improving job stability for NJ academics:

GREENLIST OF JAPANESE UNIVERSITIES

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

NAME OF UNIVERSITY: Aichi University of Education (Kyouiku Daigaku) (National)
LOCATION: Igayacho Hirosawa 1, Kariya City, Aichi Prefecture

GOOD EMPLOYMENT PRACTICE: Currently (2007) six out of seven non-Japanese staff are tenured (without tenure review) with exactly the same duties and salary as Japanese. Five out of the six tenured non-Japanese have had tenure from the first day of their contract.

SOURCE OF INFORMATION: Oliver Mayer, Associate Professor at the Department of Foreign Languages at Aichi University of Education
NOTE FROM LIST MONITOR: CAUTION: Aichi University of Education is also on the University Blacklist, as it still offers full-time contracted employment to NJ academics.

https://www.debito.org/greenlist.html#aichikyouikudai

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

UNIVERSITY: Nagoya University (National)
LOCATION: Nagoya

GOOD EMPLOYMENT PRACTICE: Has non-contracted permanently tenured employment for 36 non-Japanese faculty.

SOURCE OF INFORMATION: Professor Takamatsu Michio of Nagoya University, met July 31, 2007 at Tokyo University speech regarding the Blacklist, who presented me with evidence scanned here (Japanese):
https://www.debito.org/nagoyagreenlistdata2007.jpg
NOTE FROM LIST MONITOR: CAUTION. Nagoya University also contracts non-Japanese faculty with no clear tenure review system, so it also remains on the Blacklist.
https://www.debito.org/greenlist.html#nagoyadai
==============================================

All for now. I’m sure there’ll be more soon. The Blacklist and Greenlist have received a spike of attention in recent months. Glad they are being taken seriously at last. Arudou Debito in Sapporo
ENDS

Recent articles on lack of compulsory education for NJ children

mytest

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

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EDUCATION
Over 22,000 foreign kids need Japanese-language guidance at school
Japan Today/Kyodo Wednesday, August 1, 2007 at 07:06 EDT

http://www.japantoday.com/jp/news/413853
Courtesy of Matt Dioguardi

TOKYO — The number of foreign children attending public elementary and secondary schools in Japan who are in need of Japanese-language guidance as of last September increased 8% from a year earlier to a record high of 22,413, the education ministry said Tuesday.

The figure, which has risen for four consecutive years, covers foreign children who go to public elementary, junior high and senior high schools, according to a survey conducted by the Ministry of Education, Culture, Sports, Science and Technology. Among the students, 39% of them speak Portuguese as their first language, 20% Chinese, 15% Spanish and 11% Tagalog. (Kyodo News)

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1% of foreign children not in school
Yomiuri Shinbun Aug 3, 2007

http://www.yomiuri.co.jp/dy/national/20070803TDY02001.htm>

Japanese original at
https://www.debito.org/?p=524
Courtesy of Matt Dioguardi

At least one percent of registered foreign school-age children living in the country do not attend either primary or middle school, according to an Education, Science and Technology Ministry survey. In addition, the whereabouts of 17.5 percent of children registered as foreign nationals is unknown, making it impossible to confirm whether they are going to school. The number of foreign children who do not attend school is believed to be much higher than 1 percent, according to ministry officials.

The ministry suspects that such a situation probably encourages juvenile delinquency and the illegal employment of such children. It will shortly establish a panel of experts to discuss measures to deal with the problem.

Between fiscal 2005 and fiscal 2006, the ministry asked the Shiga prefectural and 11 municipal governments, including Ota, Gunma Prefecture, and Okazaki, Aichi Prefecture, where many foreign nationals live, to survey the ratio of out-of-school foreign children for the first time.

According to the survey released Tuesday, of the 9,889 registered foreign children aged between 6 and 15 subject to compulsory education, 112, or 1.1 percent, did not take steps to enter primary or middle school or transfer to such schools after moving from other locations.

Furthermore, 1,732, or 17.5 percent, did not live at their registered addresses, making it impossible to contact them.

The ministry believes some have already left the country without notifying municipal governments, while others might have moved to other municipalities in the country.

It suspects that some children do not go to school after their families moved to new areas.

Asked why they did not send their children to school, 15.6 percent of parents, the largest group, cited a “lack of money,” 12.6 percent cited the “language barrier,” and 10.4 percent said they had “immediate plans to return to their home countries.”

Some parents also said their children had to work or take care of their younger siblings.

The parents were allowed to give more than one answer.

===

‘22,413 need extra schooling’

On Tuesday, the ministry released data which said that as of Sept. 1 last year, of the foreign children and students attending public schools in the country, 22,413 at 5,475 schools needed extra teaching for Japanese language–an increase of 194 schools and 1,721 children from the previous year.

By mother-tongue, 8,633 spoke Portuguese, 4,471 spoke Chinese and 3,279 spoke Spanish.

ARTICLES END
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MOE’s original report cited in the article (Japanese):
文部科学省「日本語指導が必要な外国人児童生徒の受入れ状況等に関する調査(平成18年度)」の結果
http://www.mext.go.jp/b_menu/houdou/19/08/07062955/001.htm

ENDS

「日本語知らぬ」22000人 公立小中高校の外国人 過去最多 九州・山口は423人

mytest

「日本語知らぬ」22000人 公立小中高校の外国人 
過去最多 九州・山口は423人
8月1日10時7分配信 西日本新聞
http://headlines.yahoo.co.jp/hl?a=20070801-00000009-nnp-soci
Courtesy of Matt Dioguardi

 九州・山口の公立小中高校に在籍し、日本語の指
導が必要な外国人児童生徒が昨年9月現在で計42
3人に上り、4分の1の105人は指導自体を受け
ていないことが31日、文部科学省の調査で分かっ
た。全国では同児童生徒が2万2413人と過去最
高に達し、14%が指導を受けていないことも判明
した。同省は対策を検討する有識者会議を設置、9
月に初会合を開く予定。

 日系人労働者の増加などが要因。日本語の理解が
乏しい児童生徒は愛知が最多で4089人。次いで
神奈川2404人、静岡2343人、東京1762
人の順だった。全体で前年同期より8%増え、4年
連続の増加となった。

 九州・山口では、福岡が211人と最多。次いで
熊本55人▽山口41人▽大分36人▽鹿児島26
人▽宮崎22人▽長崎21人▽佐賀11人‐だった。

 母国語別では、全体でポルトガルが38、5%と
トップ。中国、スペインを含む3つの言語で全体の
7割以上を占めた。九州・山口では、同児童生徒の
数が横ばい傾向にあるものの、中国が全体の4割を
占め、日中関係の緊密化がうかがえた。

 各自治体は、日本語指導員の派遣や特別講義など
に取り組んでいるが、「財政難で教員増は難しい。
児童生徒の在籍期間が短い場合もあり、中長期的対
応は取りにくい」(熊本県教委)との声も上がって
いる。
=2007/08/01付 西日本新聞朝刊=
ENDS

読売:外国人登録の子供、1%が小中学校に就学せず…文科省調査

mytest

ブロックの皆様、おばんでございます。この記事のシリーズは何を証すのかというとと、「義務教育は国民のみに保証する」との指令の結果です。

外国人の子供は教育しなくてもいいという前提で学校は外国人の子供を入校拒否して、昨年12月におけた安倍首相は教育基本法の改訂は「国民義務教育」の状態に触れず、その盲点で教育を受けない日本在住外国人の子供はアンダークラス入るのは将来です。

ようやく文科省もこの現象を明かす統計も出してくれているので、早期に義務教育を全ての日本在住・納税者まで及ぼしましょう。有道 出人

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外国人登録の子供、1%が小中学校に就学せず…文科省調査
2007年7月31日 読売新聞
http://www.yomiuri.co.jp/national/news/20070731i412.htm
Courtesy of Matt Dioguardi

 日本の自治体に外国人登録をしている学齢期の子供のうち、約1%が小中学校への就学手続きを取らないまま生活していることが31日、文部科学省の調査で明らかになった。

 所在不明で就学の有無を確認できなかった子供も17・5%に上り、不就学の子供の割合は、実際には1%を上回るとみられる。同省は、こうした実態が非行や違法就業の温床になっている可能性もあるとして、対策を検討するための有識者会議を近く発足させる。

 文科省は2005年度から06年度にかけ、外国人が多く住む群馬県太田市、愛知県岡崎市など11市と滋賀県の計12自治体に依頼して、不就学の子供の割合などを初めて調べた。

 それによると、義務教育の対象となる6〜15歳の外国人登録者計9889人のうち、小中学校に入学したり転入したりする手続きを取っていない不就学の子供は112人(1・1%)。また、1732人(17・5%)は、登録された住所地に住んでおらず、連絡が取れなかった。自治体に届け出ないまま帰国したり、日本国内の別の場所に転居したりしたケースとみられ、同省は、転居先で不就学になっている子供もいるとみている。

 不就学の理由を複数回答可として保護者に尋ねたところ、「お金がない」(15・6%)が最も多く、「日本語が分からない」(12・6%)、「すぐ母国に帰る」(10・4%)などが続いた。「仕事をするため」「きょうだいの世話をするため」といった理由を挙げた保護者もいた。

          ◇

 文部科学省は31日、全国の公立学校に通う外国人のうち、日本語の指導が必要な児童・生徒は、昨年9月1日現在で5475校に計2万2413人いたと発表した。前年に比べ、学校数で194校、人数では1721人増えており、ともに過去最多となった。母国語別では、ポルトガル語8633人、中国語4471人、スペイン語3279人の順に多かった。

(2007年7月31日21時47分 読売新聞)
ENDS

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文部科学省「日本語指導が必要な外国人児童生徒の受入れ状況等に関する調査(平成18年度)」の結果
http://www.mext.go.jp/b_menu/houdou/19/08/07062955/001.htm
ENDS

Yomiuri: Nikkei defecting from DPRK are stateless, have trouble becoming J citizens

mytest

Hi Blog. Here’s another interesting angle to Japan’s funny nationality laws. First we get a person like Alberto Fujimori, who parachutes into Japan on the lam from international law, essentially claims asylum (leaping over the thousands of candidates waiting in line for years to naturalize or become refugees), does a runner to another country on another passport, and gets brought back to run in absentia in this current Japanese election as a candidate. All because of his Japanese blood.

Yet here we have a situation where people also have the same legitimate claim (Japanese blood) and are being denied citizenship anywhere, let alone Japan. All due to the politics of the region. Anyone find any consistency in Japan’s citizenship law application, please try to explain it to me.

Looking forward to this weekend’s election results. If Fujimori actually gets elected, I will, er, well, I don’t know what I will do. Perhaps be speechless for once. Debito in Sapporo

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24 defectors from DPRK still stateless / Prejudice rife in catch-22 situation
The Yomiuri Shimbun Jun. 13, 2007

http://www.yomiuri.co.jp/dy/world/20070613TDY01003.htm
Courtesy Jeff Korpa

At least 24 defectors from North Korea living in Japan remain stateless, largely due to the lack of clear government guidelines on how to determine the nationalities of such defectors, it has been learned.

The statelessness of the 24 people also is a result of each local government having been left to its own devices regarding how to deal with the registration of the foreign defectors.

Observers have pointed out that the North Koreans face discrimination in finding employment and encounter difficulties earning a regular income as long as they remain stateless, hampering their efforts to become naturalized Japanese.

While the number of North Korean defectors living in Japan is rapidly increasing, the government has virtually no support system in place for them, they said. North Koreans have been defecting to Japan since the late 1990s. Many of them fled to China overland, before seeking shelter in the Japanese Consulate General in Shengyang, China.

The government permits Japanese wives of former pro-Pyongyang Korean residents of Japan and their descendants to live in Japan, as they are seen to have relatives here. Many pro-Pyongyang residents emigrated to North Korea in the resident repatriation project from 1959 to 1984. Under the scheme about 93,340 pro-Pyongyang residents in Japan, their Japanese wives and children left for North Korea.

By the end of last year, about 130 defectors were living in Japan, with nine people having entered the country this year, government sources said.

A support group for the defectors interviewed 82 defectors residing in Japan in February and confirmed 24 children and grandchildren of the Japanese wives remain stateless, the group’s official said.

Among the remaining 58 defectors, some Japanese wives reobtained Japanese nationality after they became naturalized citizens. Others gained Korean nationality and later changed to South Korean nationality in most cases.

In 1966, the Justice Ministry issued a notice to municipal governments to describe the nationality of North and South Koreans as Korean when they made their initial application for a foreign registration card. In a 1971 precedent, the nationality of those who were born on the Korean Peninsula stated on foreign registration cards was Korean.

The immigration authorities insist that every municipal government is supposed to follow this precedent. But some municipal government officials said such defectors are recognized as stateless as they do not have passports or any identification documents.

Under the current Nationality Law, Japanese wives of former pro-Pyongyang Korean residents can reobtain Japanese nationality easily, but their children and grandchildren face difficulties in naturalization unless they have sufficient income to support themselves.

(Jun. 13, 2007) ENDS

Japanese TV drama Hana Yori Dango 2 depicts mugging by NYC blacks

mytest

Hi Blog. Friend Justin just sent me something interesting, from a Japanese TV drama called Hana Yori Dango 2.

On TBS on Friday nights (see information on TBS here and on Wikipedia here), it’s apparently popular enough to spawn sequels and special shows (although I wouldn’t know–I don’t watch Japanese dramas any more for the most part, as I find them low-budget hammed-up affairs with contrived plots).

But one segment is of interest to Debito.org:
http://www.youtube.com/watch?v=c9WQMEsH1xU

This has all the elements I really dislike about J dramas: Hammy acting (the protagonist’s voice is high and squeaky enough throughout that I wouldn’t bring any wine glasses near her), contrived plots (someone the protagonist asks on the street for help gets offended when she says “I am a bus” and walks away; yeah, right), and bargain-basement (more money was spent on the “Japan-nightclub-host” styled hero’s clothes and shoes than on the camera crew, it would seem). Even the gun used is an obvious squirt pistol, yet it scares away the muggers. Yeah, right again.

But what gets me is not just the stereotypes of crime in NYC: It’s the fact that all the criminals are black (from the bag snatcher to the gang of four), using random profane jive talking, and assailing our heroine with a basketball (yes, a basketball, with added sound effect when it hits her).

Why isn’t this worthy of assigning to the scrapheap of bad Japanese TV? Because you just know that if an American TV show were to do this sort of thing–make all the [fill in the blank] into Asians, Chinese, or Japanese (with accents or stereotypical features to boot)–there would be complaints from either the local anti-defamation leagues or even the Japanese embassy (cf. New York Senator Alphonse D’Amato making fun of Judge Lance Ito’s Japanese ethnicity in 1995–Time Magazine Monday May 18, 1995).

And definitely a brouhaha on 2-Channel about how the West is oh so racist towards us Japanese, even sometimes used as an excuse to justify racism in Japan as a form of tit-for-tat (by people who would rather explain away rather than run a self-diagnostic and change their behavior).

So fire with fire. If you feel like raising awareness about something like this, here are the contact details for TBS:

http://www.tbs.co.jp/contact/
Ph: 03-3746-6666
email: opinion@best.tbs.co.jp
https://cgi.tbs.co.jp/ppshw/contact/0074/enquete.do

I don’t know the broadcast date for this segment, but if you describe the scene, your point would probably sufficiently be made.

FWIW, Debito in Sapporo
——————-

UPDATE: JUST TALKED TO TBS’S SHINSA BU (審査部) MR KATOU ( 03-5571-2265)ABOUT THE ISSUE. HAD A NICE CHAT. HE’LL PASS IT ON TO THE PRODUCERS OF THE PROGRAM AND WILL GET BACK TO ME IF THERE’S ANY FEEDBACK. DEBITO

================
UPDATE TWO JULY 25: MR KATOU CALLED ME YESTERDAY AFTERNOON (JULY 24) TO SAY HE’D TALKED WITH THE PRODUCER IN CHARGE OF THE SHOW, A MR SETOGUCHI. HE SAID THAT HE SAID THE SHOW WAS UNAWARE OF THE POSSIBLE IMPLICATIONS OF THAT PORTRAYAL OF BLACK PEOPLE AS CRIMINALS, AND WERE GRATEFUL TO RECEIVE THIS FEEDBACK ON IT. THEY SAID THEY WOULD TAKE CARE ABOUT THAT SORT OF THING IN FUTURE.

WHEN I ASKED HOW PEOPLE WHO WERE COMMUNICATIONS PROFESSIONALS WITH A DECENT ENOUGH EDUCATION LIKE MR SETOGUCHI COULD NOT SEE THOSE POSSIBLE IMPLICATIONS IN ADVANCE THEMSELVES, MR KATOU GAVE ME A THOROUGH BUT ESSENTIALLY LAME EXCUSE ABOUT HOW PEOPLE WHEN THEY GO OVERSEAS TO FILM KINDA FORGET THE RULES OF ENGAGEMENT. MY READ IS THAT TBS DIDN’T THINK ANYONE WOULD FIND FAULT WITH THE PORTRAYAL (HOW MANY NJ WOULD WATCH THEIR SHOW, AFTER ALL?) I SAID I HOPED OUR FEEDBACK WOULD CAUSE SOME AWARENESS RAISING WITHIN TBS, AND HE SAID IT WOULD.

OKAY, THAT’S ABOUT AS GOOD A REPLY AS WE’RE PROBABLY GOING TO GET. NOT A WASTE OF TIME. THANKS TBS. UPGRADING THIS TOPIC TO AN ANTI-DISCRIMINATION TEMPLATE. DEBITO

J Times: Ogata Sadako on J refugee policy

mytest

Hi Blog. Revealing interview of a person trained to be diplomatic at all times… Debito in Sapporo

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

Sadako Ogata was the U.N. High Commissioner for Refugees from 1991-2001, and has been President of the Japan International Cooperation Agency (JICA) since 2003. Here, she talks frankly to The Japan Times about Japan’s attitudes to those who flee their homelands and seek sanctuary on these shores.

REFUGEES AND JAPAN
Diplomat rues Tokyo’s ‘lack of humanity’ to asylum-seekers
By JEFF KINGSTON
The Japan Times: Sunday, July 8, 2007

http://search.japantimes.co.jp/cgi-bin/fl20070708x1.html
Courtesy of Matt Dioguardi

Are there signs of progress in the grim situation facing asylum-seekers in Japan?

From 1979-89, when the Indochina refugee issue was hot [after the Vietnam War], there was a lot of energy and effort focused on refugees and resettling them in Japan. In 1979, I was asked to lead a mission to the Thai-Cambodian border. It was the first time I saw a massive refugee outflow and presence. At that time Japan pledged to provide half the funding for the UNHCR Indochina refugee program. That was the first big step Japan took toward helping the Indochina refugees. In addition, Japan agreed to accept an initial 500 refugees for resettlement, and in the next year the number went up to 10,000.

In the early 1980s, Japan’s economy was rising and it faced rising expectations for shouldering some of the burdens — and it lived up to those expectations. It would be interesting to examine the outcomes for the Indochina refugees. I think there are some good stories there that would reassure the public about the consequences of accepting refugees.

In 1981, Japan also became a signatory to the 1951 U.N. Convention on Refugees, but then the numbers of refugees accepted went way down. Japan’s approach to refugees under the Convention has been very reserved. This may come back to haunt Japan if there is a crisis on the Korean Peninsula. Will other countries help with resettling large numbers of North Korean refugees — or only provide financial assistance?

Critics argue that Japan is guilty of checkbook diplomacy — contributing significant funding but accepting so few refugees. Is this a fair assessment?

Yes, that is accurate to a degree, but at the same time there were not that many asylum-seekers landing in Japan after the Indochina crisis. Since Aung San Suu Kyi’s detention in 1989 by the military regime in Myanmar, there has been an increase in Burmese asylum-seekers — and more recently from Afghanistan — but it has not been a massive outflow. Individual cases are considered and there the Japanese tendency for a meticulous judicial approach, asking for complete documentation that most refugees don’t have, came to dominate refugee reception policies. It has been a very legalistic approach showing no humanitarian sense to those who had to flee.

Is that changing?

Every year I would come and lobby Justice Ministry officials about their policy toward refugees, but I don’t think there was that much progress. Maybe I should have worked harder on Japan, but I was so busy with millions of people globally, whereas in Japan they were only trickling in. Maybe I should have been more firm. I don’t think it was just checkbook diplomacy — there were also lots of Japanese volunteers who came to help with the refugees, and efforts by NGOs, maybe not on a large scale, but still significant.

In terms of asylum, Japan has not been the best humanitarian country. Japan is not a refugee power in global terms — refugees go where they know they will be received and can find support. From Japanese officials’ perspective, the fewer that came the better. The government thinks of this as taigan no kaji (fire on the opposite riverbank), in the sense that it is not an immediate crisis situation facing Japan.

What are the diplomatic costs of Japan’s restrictive policy toward refugees?

The costs, unfortunately, are not so high. Everywhere the door is closing against refugees. Look at the United States and Europe — the commitment to helping refugees is fading, and that means that Japan will not suffer much criticism for its policy. So I don’t think that Japan’s bid for a seat on the UN Security Council will be harmed by its poor record on refugees.

Are government policies and attitudes improving?

Groups of lawyers have been very devoted to helping asylum-seekers and have exposed weaknesses in the legal system regarding asylum-seekers. At least they made some changes and expanded the appeal process and brought in some outsiders including some NGO people to hear the appeals. So in that sense there has been a slight improvement. And now they have added a category of humanitarian consideration (asylum-seekers who are not recognized as Convention refugees but are still allowed to stay in the country). There are more cases of asylum-seekers being awarded humanitarian status than refugee status.

Within JICA [the Japan International Cooperation Agency] a group was organized to help Ali Jane, an ethnic Hazara from Afghanistan, and (it) published a book — “Mother I Am Still Alive” — and my colleagues actually found his mother. There are good stories of real humanitarian consideration. Not everybody is cruel, but the legal process is less than what I would like to see.

The Justice Ministry says it doesn’t want to get ahead of public attitudes, and the Japanese people are not ready for an influx of refugees.

They are very strict. In my discussions with them there is rarely any reference to humanitarian considerations.

What is the logic of Japan’s exclusionary policy?

This is a very bureaucratic country. Bureaucrats think they know what is best and act in the name of the people. NPOs have a much freer way of thinking and promote closer contact with people of other countries. Things are opening up a bit. However, there is still the myth of one race and homogeneity, even though it is slowly fading. Globalization is slowly undermining these wrong assumptions.

Isn’t there a disconnect between the demographic time bomb and attitudes toward refugees?

Japan’s need for foreign labor is changing the context of the debate over migrants. And civil society is also playing a role. If we leave it to the natural flow of asylum-seekers, they won’t come to Japan unless there is a huge crisis on the Korean Peninsula — but we need foreign labor and a more open society.

Should the UNHCR think of more resettlement efforts like those with the Indochinese refugees?

Yes. Japan had a good experience with the Indochinese refugees and accepted more than 10,000 in the end. Perhaps it would help if Japan worked with UNHCR and set up a quota and opened up the country to bring some people out for resettlement. The U.S. had a quota of over 100,000, which came down to 80,000 during my tenure, and under the Bush administration it has become much smaller. But there are currently negotiations about giving asylum to Bhutanese in Nepal and/or Karens out of Myanmar who are in border camps in Thailand. There is screening going on. The question is whether Japan might also participate in this resettlement project and respond to this humanitarian crisis in Asian countries. Some kind of resettlement program seems likely, and discussion between the UNHCR and the Japanese government is ongoing. I expect this will start on a small scale.

What are the prospects for Japan accepting more refugees?

Prolonged recession has undermined the context for reception of foreigners, and Japan has a poor record on integrating foreign workers properly. It is hard for the public, media and government to differentiate between the mixture of refugees, economic migrants and criminals seeking entry. And very often there are those who blame crime on illegal foreign people. There are plenty of Japanese committing crimes but foreigners are easy targets. And we have more than 300,000 Brazilians of Japanese origin and their situation has not been very good. The problem is that Japan has had an open approach to receiving many foreigners, for example “entertainers,” rather than refugees . . . but keeping people out doesn’t always assure your security.

The Japanese government has been reluctant to criticize Myanmar, but in the last 10 years the largest number of asylum-seekers gaining refugee status have been from Myanmar. By recognizing them as refugees, is the government acknowledging that the military junta is repressive and that these people are being persecuted?

It is a very repressive regime and a political signal is being sent. There are historical reasons for Japan’s sympathy for the Burmese dating back to World War II — and especially since the detention of Aung San Suu Kyi.

How could the UNHCR be more effective resettling refugees in Japan?

Of all international agencies here, the UNHCR is the only one that has to deal primarily with the Justice Ministry, and it should maintain good and close working relations with that ministry. The UNHCR advocates for non-nationals, while the Justice Ministry sees its role as protecting Japanese nationals, and this collides with humanitarian considerations. It’s not just Japan, the UNHCR has had similar problems in Europe. Germany was the country I visited most frequently because they received a lot of refugees, and there were many problems. This is the job of the UNHCR, but it doesn’t have to be confrontational. Emphasizing and improving legal procedures, while bringing humanitarian considerations into the discussion, is most effective. This is the role of the UNHCR.

How do you regard the Refugee Film Festival?

It is one of the better efforts of the UNHCR in awareness raising. It certainly touches a lot of people and reaches out to those who did not have much knowledge of, or interest in, refugee issues. I was especially touched by the film “Live and Become.”

Any final thoughts?

The Justice Ministry’s strict policies are not the whole story. There are other government officials who are concerned and trying to improve things, and lawyers and NGOs are also working toward creating better conditions. The time is coming when the Justice Ministry becomes fully involved to solve refugee problems in proper and humane ways.

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

Two weeks after our interview, Dr. Ogata’s staff informed me that she was infuriated and deeply disappointed by the June 11 decision of Justice Minister Jinen Nagase to ignore a Tokyo High Court ruling recognizing the refugee status of the Afghan asylum-seeker Ali Jane. She and her staff at JICA had taken a personal interest in the plight of this ethnic Hazara who narrowly avoided deportation from the Ushiku Detention Center in Ibaraki Prefecture. Freshmen JICA staff, hearing about this story from a lawyer who participated in their orientation program, researched Ali Jane’s history and published a book that went into three printings, selling some 21,000 copies. Five years ago, he applied for refugee status, but was turned down by the Justice Ministry. He then pursued his case in the courts and seemingly prevailed in the appeal process. However, Justice Minister Nagase decided against granting him refugee status and instead awarded him a special status visa, apparently because he is married to a Japanese woman.

The Japan Times: Sunday, July 8, 2007

ENDSA

Asahi and JT on Alberto Fujimori’s J Diet candidacy, with commentary

mytest

Hi Blog. The Asahi of July 12 has run an editorial on Alberto Fujimori, wanted by Interpol on suspicion of murder and kidnapping, and his incredible candidacy for the Japanese Diet. The JT of July 18 reports that Fujimori intends to return to Japan if elected. Comments from cyberspace follow articles:

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

EDITORIAL: Fujimori’s candidacy
07/12/2007 The Asahi Shinbun

http://www.asahi.com/english/Herald-asahi/TKY200707120092.html
Courtesy of Claire Debenham

It is no longer unusual today for show-biz personalities and professional athletes to stand in elections for public offices. But we are surprised at the news that a former president of a foreign country will run for the Upper House election. Former Peruvian President Alberto Fujimori, 68, decided to run as a proportional representation candidate of Kokumin Shinto (People’s New Party) for the July 29 election.

“I would like to show my gratitude to Japan, the home of my parents, by making use of my presidential experiences,” Fujimori explained.

A son of Japanese immigrants from Kumamoto Prefecture, Fujimori was born in Peru, where his parents registered him as a Japanese citizen at the Japanese Consulate. Fujimori holds dual citizenship, but this in itself poses no problem legally.

Shizuka Kamei of the Kokumin Shinto noted: “Including myself, Japanese lawmakers have become a pretty useless bunch. I want Fujimori to be ‘the last samurai’ who will whip them into shape.”

Fujimori was president at the time of the 1996 hostage crisis at the Japanese ambassador’s residence in Lima. We presume Kamei and his party were impressed by Fujimori’s decisive handling of the crisis.

But we definitely do not think this is a good enough reason for anointing him as the party’s Upper House candidate.

In 1990, Fujimori became the first Peruvian president of Japanese ancestry. He rehabilitated the nation’s near-bankrupt economy and settled a century-old border dispute with Ecuador. These achievements are held in high regard by many. However, in the course of his long administration, a spate of scandals surfaced–corruption by his aide and repression of dissidents and human rights abuses by the military.

Yusuke Murakami, an expert on Latin American politics and associate professor at Kyoto University, said: “Fujimori was ensnared in Peru’s history of authoritarian rule by a handful of strongmen, and became part of that history himself.”

While visiting Japan on his way home from an international conference in Brunei in 2000, Fujimori was forced into resignation. He remained in Japan where he sought asylum. His exile, coupled with people’s memories of the hostage crisis four years before, made him a big name in Japan.

We presume this was what made Fujimori an attractive choice for Kokumin Shinto, a minor entity overshadowed by the ruling Liberal Democratic Party and opposition Minshuto (Democratic Party of Japan).

But Peruvian authorities have an arrest warrant for Fujimori for his alleged embezzlement of public funds and involvement in the massacre of civilians during his presidency.

Fujimori was detained in Chile when he moved there two years ago in preparation for a political comeback. He is now under house arrest. The Peruvian government is demanding his extradition, and the case is currently being deliberated by the Chilean Supreme Court.

Fujimori is in no state whatsoever now to conduct an election campaign in Japan. There is even speculation in Peru that Fujimori is running for the Japanese Diet in order to escape extradition.

Even if he should win the election, he will hardly be in a position to attend Diet sessions. There will arise the question, too, of whether he should be allowed to keep his dual citizenship.

Fujimori ought to be seeking the trust of Peruvian voters, not Japanese. And we believe that he should show his gratitude to Peru, not Japan.

–The Asahi Shimbun, July 11 (IHT/Asahi: July 12,2007)
=============================

japantimes071807.jpg
Click on article to see entire scan

COMMENT: Sloppy editorializing by the Asahi. Lots of topics glazed over here, and it’s not merely a matter of editorial constraint. A couple of examples that weaken their otherwise correct conclusions:

1) Fujimori wasn’t just “forced into resignation”. He quit quite flippantly, famously faxing his resignation from a Tokyo hotel room. That’s part of the lore of this man’s history, and it shouldn’t be portrayed with any possible “kawai-sou” bent.

2) Fujimori didn’t just “move to Chile”. He did an overnight runner. He went there surreptitiously and opportunistically, applying for a Peruvian passport in advance (and getting it, contravening Japan’s dual nationality issues), and then was arrested for his trouble at the Santiago airport:

=============================
Fujimori was arrested Monday, a day after leaving Tokyo. The 67-year-old former president secretly left Tokyo on a chartered plane, apparently seeking to prepare for a political comeback in Peru. Japanese Ambassador to Chile Hajime Ogawa claims Japan only learned of Fujimori’s passage to Chile via media reports. But Santiago believes Tokyo must have known about his plans before his arrival. Lagos also urged Japan to explain its position on protecting Fujimori as a Japanese national, with the former fugitive having entered Chile on a Peruvian passport.
=============================
“Diplomats visit Fujimori in Chilean jail”, The Japan Times, Friday, Nov. 11, 2005
http://search.japantimes.co.jp/cgi-bin/nn20051111a3.html

I think Claire and Dave raise some other points well. From the Life in Japan list:

=============================
The editorial in this morning’s English-language Asahi criticizing Alberto Fujimori’s candidacy in the Upper House elections says in passing that

“Fujimori holds dual citizenship, but this in itself poses no problem legally.”

Is that because he was born before 1985, when the revised nationality law came into effect? I thought that strictly speaking, according to the letter of the law, even people born before then were obliged to choose one nationality and renounce the other, and that the Ministry of Justice was just turning a blind eye. If Fujimori is allowed to have dual nationality and run for the Diet, what’s the problem with dual nationality for people like our children?

Claire Debenham
=============================
=============================
Claire,

You raise a good question, and one that I have been pondering a lot recently for various reasons.

A recent link posted either here or on “The Community” list (sorry, I can’t find it at the moment) provided an essay by someone who had researched dual nationality. In it, it said that there was no law strictly forbidding dual citizenship. Unfortunately, the essay was not complete, and so it lacked more detail.

But ultimately it means that there is a difference between criminal law, and rules and regulations about citizenship and immigration. Laws are codified and testable. Rules are at the discretion of the body making them.

One thing you have to keep in mind, and it is written in various places on various forms you see at the immigration office, is that the ministry in charge of nationality and immigration issues ultimately has the authority to decide who gets and doesn’t get citizenship or visas.

It’s like the sign on a restaurant door that says “We reserve the right to refuse service to anyone”. 99.99% of the time there are rules applied that can be readily understood by watching them in practice. But, there is also an undercurrent of discretion that can be applied at any time, to suit the needs of the management.

The bottom line is that Fujimori has been given special exception, and it does expose a lot of unfairness in the current rules.

However, his existence is also an opportunity, in that we can hold him up as an example to say “why is it that someone who is wanted for questioning in massive human rights abuses allowed dual citizenship, and yet I am not?”

The trick is knowing where and how to ask that question. Dave M G
=============================

Which means the Asahi editorial has left a major stone unturned–what the Fujimori Case means for definitions of citizenship in Japan. If anything, his should be the case which says that Dual Nationality is okay.

More feedback:
=============================
Jens wrote:
—————————————————-
Let me actually make a
slightly controversial proposal, though I’m really
just wondering. We all know that Fujimori is a
controversial figure – he’s accused of human rights
violations and corruption. But from a positive point
of view, Fujimori seems to be an example of how
bicultural children can rationally share loyalty in a
way that many seem to think can’t exist. He acted as
president of Peru, and apparently worked hard in
defense of his new country (as well as for his own
pocket, obviously). But he also seems very capable of
taking a “Japanese perspective”. So maybe he should be
used as an argument in favor of allowing double
nationality. . .
—————————————————-

That was my first reaction, too. Permitting dual nationality actually benefits nations, in terms of nurturing people who can create social, economic, and cultural ties. Not that Fujimori would be my personal poster boy, but still…

There’s a website here that has both the Japanese and English text of the Nationality Law, just for reference.

http://info.pref.fukui.jp/kokusai/tagengo/html_e/konnatoki/5kekkon/c_hou/hou.html

The crunch clauses seem to be Articles 12, 14, and 16.

**********

Article 12
A Japanese national who was born in a foreign country and has acquired a foreign nationality by birth shall lose Japanese nationality since the time of birth, unless the Japanese national clearly indicates her/his volition to reserve Japanese nationality according to the provisions of the Family Registration Law (Law No. 224 of 1947).

Article 14
A Japanese national having a foreign nationality shall choose either of the nationalities before s/he reaches 22 years of age if s/he has acquired both nationalities on and before the day when s/he reached 20 years of age, or within 2 years if s/he acquired such nationality after the day when s/he reached 20 years of age.

Article 16

A Japanese national who has made the declaration of choice shall endeavor to deprive her/himself of the foreign nationality.

2
In the case where a Japanese national who has made the declaration of choice but still possesses a foreign nationality has voluntarily taken public office in the foreign country (excluding an office which a person not having the nationality of such country is able to take), the Minister of Justice may pronounce that s/he shall lose Japanese nationality if the Minister finds that taking such public office would substantially contradict her/his choice of Japanese nationality.

*******

Fujimori’s parents registered his birth in their Japanese family register, so he meets the criteria of Article 12. But he neither chose a nationality by his 22nd birthday nor endeavored to deprive himself of the foreign nationality, AND he took public office in another country. So it looks as if, strictly speaking, the Ministry of Justice has sufficient grounds to deprive him of Japanese nationality.

My fear, I guess, is that if Fujimori were to get into the Diet his dual nationality would become an issue, and he’d be forced to renounce his Peruvian passport. At least that might open a debate on the issue, but if it ultimately resulted in a crackdown on other dual nationals that would be quite a negative outcome. Claire Debenham
=============================

Then the voice from the sky:

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

The Japan Children’s Rights Network website also has a section on citizenship that may have some additional information.

http://www.crnjapan.com/citizenship/

There is info and links to some MOJ descriptions of the choice requirement also. Does seem to be a requirement….

http://www.crnjapan.com/citizenship/en/japan_dual_citizenship.html

Even some historical info on amendments, courtesy of the Japan Supreme Court:

http://www.crnjapan.com/citizenship/en/nationalitylawcitizenship.html

And finally another copy of the law itself in English. (Ill update the Japanese version soon after seeing your link Claire – very nice, thank you.) Mark Smith
=============================

Last word from me. More on what I dislike about the antics of Alberto Fujimori archived at Debito.org, starting from:
https://www.debito.org/?p=120.
Arudou Debito in Sapporo
ENDS

J Times column on Hair Police and NJ educational underclass

mytest

Hi Blog. Yesterday (July 17, 2007) the Japan Times Community Page published my 36th column, on the “Hair Police” in Japan’s schools, and how they are part of the forces in Japan interfering with NJ education.

I’ve just put up a “Director’s Cut” version on my regular website, with links to sources. That can be found at:

https://www.debito.org/japantimes071707.html
—————————–

UPDATE: It’s available at the Japan Times site at
http://search.japantimes.co.jp/cgi-bin/fl20070717zg.html

Have a read! Debito

EXCERPT:
=============================

THE ZEIT GIST
Schools single out foreign roots
International kids suffering under archaic rules

By DEBITO ARUDOU
The Japan Times: Tuesday, July 17, 2007
Column 36 for the Japan Times Community Page
“Director’s Cut” with links to sources
Courtesy http://search.japantimes.co.jp/cgi-bin/fl20070717zg.html
PDF scan of the article courtesy Ben Goodyear at https://www.debito.org/JTHairPolice071707.pdf

Since 1990, when Japan started allowing factories to easily import foreign labor, the number of registered non-Japanese (NJ) residents has nearly doubled to more than 2 million. [SOURCE]

Many migrant workers have become immigrants: staying on, marrying, and having children.

Some have faced illegal work conditions, according to the domestic press: incarceration, physical and emotional duress, even child labor and virtual slavery. [SOURCE 1, SOURCE 2, SOURCE 3, SOURCE 4] Policymakers at the highest levels are currently debating solutions. [SOURCE]

Good. But less attention has gone to the children of these immigrants, particularly their schooling. This is a crisis in the making for Japan.

The bellwether of any country’s internationalization is the altered composition of the school population. Many of Japan’s immigrant children are becoming an underclass, deprived of an education for being born different than the putative “Japanese standard.”

GAKKOU NO IRO NI SOMARU…

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

SIDEBAR

Dealing with the ‘follicle enforcers’
Following is some advice on what to do if your child gets nabbed by the school “hair police.”

1. Support your child. Reassure him/her that he/she is as “normal” as anyone else.

2. Seek an understanding with teachers and the principal. Point out that variation is normal. There are plenty of Japanese with naturally lighter, curly hair.

3. Get written proof from your previous school that your child’s hair color or texture is natural.

4. Raise this issue with the Classroom Committee of Representatives (“gakkyuu iinkai”) and/or the local Board of Education (“kyoiku iinkai”). With all the attention on “ijime,” or bullying, these days, the board may be sensitive to your concerns.

5. Be firm. Dyeing hair is neither good for your child’s mental or physical health.

6. If compromise is impossible, consider changing schools (“tenkou”). Your child deserves a nurturing educational environment, not alienated by perceived “differences” on a daily basis. (D.A.)

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

Full article at:
https://www.debito.org/japantimes071707.html
ENDS

Valentine Lawsuit: NPA denies medical treatment to suspect, Tokyo Dist. Court rules testimony invalid due to witness being African

mytest

“WE CAN’T TRUST THE TESTIMONY OF BLACK PEOPLE”
ANOTHER CASE OF JUDICIAL MISCARRIAGE
A NIGERIAN INJURED AND DETAINED IN J POLICE CUSTODY
LOSES HIS LAWSUIT AGAINST THE NATIONAL POLICE AGENCY

Report by ARUDOU Debito, Sapporo, Japan
debito@debito.org, https://www.debito.org
Freely forwardable
Released July 15, 2007

Japan Times Community Page article, August 14, 2007, on this case, entitled “Abuse, racism, lost evidence deny justice in Valentine Case”, available here.

This post is organized thusly:
SUMMARY
WHY THIS CASE MATTERS TO DEBITO.ORG
FACTS AND ASSERTIONS OF THE CASE
CONCLUSIONS

////////////////////////////////////////////////////////////
SUMMARY: According to court records, on December 9, 2003, UC Valentine, a Nigerian citizen working in Kabukicho, Shinjuku, Tokyo, was questioned by plain-clothes police on suspicion of violating laws forbidding the distribution of hand-held billets to passersby. Eventually a scuffle ensued in a narrow alley, where a melee of police and touts wound up with an injured Valentine being pinned to the ground by several police. Plaintiff Valentine claims that he was assaulted while being restrained, by a cop who repeatedly kicked Valentine’s leg so hard that it broke below the knee. The police claim that Valentine injured himself, running away and crashing knee-first into an elevated bar sign attached to the alley wall. In any case, Valentine was apprehended and interrogated for ten days, denied hospitalization or adequate medical treatment for the interim. Consequently, his leg injury became so medically traumatized that it required complex hospital operations. To this day Valentine remains physically impaired and in constant pain. In 2005, Valentine sued the NPA for damages and hospital bills totaling 42,937,800 yen in Tokyo District Court, but lost his case on March 29, 2007. Inter alia, the court ruled that not only was a doctor’s expert testimony about Plaintiff’s crippling injuries merely “a sense, not based upon rational grounds”, but also that a witness’s testimony was inadmissible because he is African. Clearly there is an emerging pattern of differing standards for non-Japanese claimants in Japanese courts.

The case is currently on appeal in the Tokyo High Court. First hearing on Tuesday, July 17, 2007, Tokyo Koutou Saibansho 8F, Rm 808, 1:30PM. Attend if you want.
////////////////////////////////////////////////////////////

Heisei 17 (wa) Dai 17658, Tokyo District Court, Civil Court Dai 44-Bu
Plaintiff: UC VALENTINE
Defendant: Tokyo Municipal Government (Tokyo-to), Governor ISHIHARA Shintaro et al.

Tokyo District Court decision full text in Japanese at
https://www.debito.org/valentinelawsuit.html
NPA’s fishy photo testimony of what happened at
https://www.debito.org/valentinelawsuit.html#NPAtestimony
Plaintiff Valentine’s testimony in English
https://www.debito.org/valentinelawsuit.html#etestimony

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

WHY THIS CASE MATTERS: Setting aside any “he-said, she-said” doubts about different recall of the facts of the case, both parties agree that Valentine was detained in police custody for ten days without hospitalization. This caused his medical condition to worsen to the point of debilitation. This was not, however, seen by the judiciary as something the police should take any responsibility for.

As far as Debito.org goes, from a judicial standpoint this case is also of great concern due to differing standards for evidence based upon nationality. The judge, when dismissing the case, actually goes so far as to say (page 19) that testimony of a witness for Valentine (who vouches for his version on the police breaking his leg) cannot be trusted because it is “from the Black Community”. To quote:

===============================
“In light of the fact that the witness has been acquainted with the Plaintiff , visiting him in hospital after his leg was broken, and is a friend of quite some closeness, and the fact that they associated with each other within the Black Community in Kabukichou, witness Francis’s testimony as an eyewitness account is not something we can see as having objectivity, and as such cannot possibly believe.”

“shounin wa, juuzen kara genkoku to menshiki ga ari, honken kossetsu go mo genkoku o byouin wo mimatteiru nado kanari shitashii koto ga ukagatteiru yuujin de ari, kabukichou no kokujin no komyunitei no nakama de atta koto tou o terasu to, shounin Furanshisu no kyoujutsu wa, mokugeki shougen to shite kyakkansei o yuusuru mono to wa iezu, kono mama shinyou suru toutei dekinai”
https://www.debito.org/valentinelawsuit.html#19
===============================

Hm, try disqualifying a person’s testimony because he’s a member of a Black Community (not to mention because he is a friend who visits the Plaintiff in hospital), and see how that gets you in the judiciary of most of the world’s other developed countries. Moreover, the accounts of other police officers are not similarly called into doubt for having too much closeness in their own “community”.

I’ve seen this sort of thing before. Check out the cracked judge in the McGowan Case of 2006, where the Plaintiff (an African-American) was refused entry by an eyeglass shop expressly because the shopkeep “hates black people”. There, Osaka District Court Judge Saga Yoshifumi ruled against the gaijin there too. Inter alia, McGowan and his Japanese wife’s eyewitness accounts were deemed insufficient due to an alleged language barrier. Full details on that case (starting with a Japan Times article) at
https://www.debito.org/mcgowanhanketsu.html#japantimesfeb7

In this case, presiding Judge Sugiyama et al go one better, and say that because they are black they are thick as thieves…

It’s one of the reasons we are seeing cases of suspects escaping overseas because they believe they’re going to get a raw deal in a Japanese court due to their foreignness.
https://www.debito.org/?p=361

I have no sympathy for wanted criminals, of course, but neither the McGowan nor the Valentine Cases are criminal cases. And still they got raw deals–court defeats. Due to a different set of judicial standards applied to foreigners than to Japanese. Adding these cases to the collection.

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

FACTS AND ASSERTIONS OF THE CASE
(based upon the court decision and with Valentine’s claims)

On December 9, 2003, UC Valentine (born 1972 and married to a Japanese from 2002) was working his shift as a show club distributing pamphlets to potential clients. In the early evening, he was approached by two plain-clothes officers who appeared to Valentine to be customers (Valentine asserts that they did not identify themselves as police until a melee ensued).

Minutes later, in a narrow alleyway close to the show club, other members of the Black Community shouted repeatedly to Valentine, “Leave them!”, apparently aware that they were either police or yakuza. What happens next depends on the side of the courtroom you’re sitting, but in any case, due either to panic (Valentine) or guilt (police), Valentine fled, then found himself being restrained by three cops on the ground in the alleyway. He was arrested on suspicion of violating the Entertainment and Amusement Trades Control Act (Fuueihou) Art. 22 Sec. 1 for distributing nightlife pamphlets on the street.

Somewhere in this scuffle Valentine’s right leg was broken below the knee. Valentine’s version (as was his eyewitness’s, unfortunately Black) is that a police officer named Tanabu kicked him several times in the knee, even while the former was being restrained by two other cops. The cops say (in photo-reenacted evidence shown to me in person by Valentine and his wife on April 26, 2007, and scanned at Debito.org at https://www.debito.org/valentinelawsuit.html#kneebash) that when Valentine fled, he crashed into a metal sign (jutting out in a triangle from the wall) knee first, breaking his leg.

valentineNPAreport004.jpg
valentineNPAreport0052.jpg

What’s fishy about this story is when you look at the photograph, the sign is actually on a wall 23 cms high, with a sidewalk below it showing a raised curb and two steps. Valentine was nimble enough to avoid tripping over three steps, but somehow not nimble enough to avoid the sign. When you consider that this happened on a December 9 around 8PM, when the sign is likely to be lit and the steps in shadow, it is odd that the more visible object is the thing Valentine allegedly crashed into.

Also odd is that if he crashed into the sign knee-first, it should have broken his knee, not the bone below his knee. However, the police apparently confiscated Valentine’s pants for analysis, and after some time finally returned them with no report on whether or not there were traces of footprint.

Valentine was held in police custody between December 9 and 19, 2003, and, despite being put into a cast, given no access to a hospital. According to his testimony (https://www.debito.org/valentinelawsuit.html#etestimony), he claims that police interrogation involved quid pro quos–access to painkillers and his wife in exchange for signing documents, one a statement stating inter alia that the police did not injure him. On Day 10 of his interrogation, once the clause about injury was eliminated, Valentine signed and was turned over to Immigration, who called an ambulance and hospitalized him at Ebara Byouin, Tokyo, immediately. His leg was apparently busted up so badly (a case the doctor who treated him, whose testimony was entered into the court record (page 17 (i)), said he had never seen the likes of before) that it required rib bone transferal to the area at great time and expense.

Situations like these in Japanese custody have come under fire in 2007 by the United Nations Committee Against Torture. See
https://www.debito.org/?p=494

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

WHY THE COURT REJECTED VALENTINE’S SUIT

In addition to dismissing the eyewitness testimony due to being members of the wrong ethnic community, the decision makes two singularly interesting points, also indicative of this court’s odd standards of evidence:

1) In order for a foreigner to sue the State of Japan, the foreigner’s home country laws must also cover a Japanese in the same situation in that country (page 13 3.1 (1)). I’m not a lawyer, but I would have thought that Japan’s laws apply to everyone equally, including foreign residents, regardless of their country of origin. Fortunately, the judges rule that Valentine’s Nigerian citizenship does not void his ability to sue the State.

2) Despite acknowledging the expertise of Valentine’s examining doctor at Ebara Byouin, the judges dismiss their medical testimony as merely “a sense” (kankaku teki), not “rational grounds” (gouriteki na konkyou–page 17 (i)). The judges even decide (in their somehow professional medical opinion, on page 15 u (a)) that Valentine’s leg didn’t get that much worse while in custody. Then they even judge on their own recognizance (page 16 item e) that Valentine’s bones are strong–so he must have run into that sign pretty hard to hurt himself. After all, shoes, they say, inflict “pinpoint injuries”, and Tanabu’s “rubber shoes” wouldn’t cause the injuries that Valentine suffered (page 16 a (a)). Shoes are apparently incapable of stomping from the heel, I guess.

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

CONCLUSIONS

There are other fine points, such as who did what to whom with what, and whether people were running slow or fast, but never mind. The point still remains that Valentine was crippled due to a sustained lack of medical attention, and what kept him from that were the Kabukichou Police.

The responsibility for this is not discussed adequately in the decision (judges assert that an X-ray, a cast, disinfection, and draining blood from the joints performed on the first day of incarceration were somehow medically sufficient (page 22 3 (1) i (a) onwards)–even were the best that could be done in a non-life-threatening situation given the fact that he was in custody. Therefore nothing illegal happened. Regardless of the fact that Valentine still wound up crippled, for reasons his doctor says was due to prolonged medical inattention.

Even if Valentine had not been crippled by the police (instead, say, stabbed in the leg by a criminal), would these dangerously temporary measures still be legal? Quite probably. Which means the NPA’s clear negligence for the welfare of the incarcerated, plus the judiciary’s unwillingness to force them to take responsibility when something goes wrong, is damning evidence of the unaccountability within Japan’s criminal justice system.

Couple that with a court willing to use any pretext possible to discount the victim’s standpoint, including overruling doctors and dismissing testimony by nationality, and you have a police force which, increasingly clearly, can deal with foreigners any way they like with impunity.

Arudou Debito
Sapporo, Japan
debito@debito.org
https://www.debito.org
July 15, 2007
REPORT ON VALENTINE LAWSUIT ENDS

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

mytest

Hi Blog. Two things I’ll combine into one blog post, since it’s right on the heels of the Colin Jones law journal article.

First, excellent video by Eric Kalmus on the irony of Japan’s child abductions (in the face of all the international rules against this, not to mention the political capital gained by the GOJ over the DPRK abductions of Japanese) after the breakdown of international marriages. Courtesy of YouTube:

http://www.youtube.com/watch?v=qzwzGxJfN8s

But more importantly, the US State Department has included on its site a warning re Japan’s negligence regarding divorce, child custody, and abduction.

We’re getting through, on an international level. A series of referential links follows the State Department entry (so skip the minutiae and page down to the bottom if you want more beef). Arudou Debito in Sapporo

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

US DEPARTMENT OF STATE
TRAVEL.STATE.GOV BUREAU OF CONSULAR AFFAIRS

Original at:
http://travel.state.gov/family/abduction/country/country_501.html#
(NB: Live links within original article are not included below)

Travel Warnings | Travel Public Announcements | Travel Information by Country
Saturday July 14, 2007

International Parental Child Abduction: Japan

DISCLAIMER: The information in this flyer relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

Japan is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Japanese civil law stresses that in cases where custody cannot be reached by agreement between the parents, the Japanese Family Court will resolve the issue based on the best interests of the child. However, compliance with Family Court rulings is essentially voluntary, which renders any ruling unenforceable unless both parents agree.

The Civil Affairs Bureau of the Japanese Ministry of Justice states that, in general, redress in child custody cases is sought through habeas corpus proceedings in the court. There is no preferential treatment based on nationality or gender. Although visitation rights for non-custodial parents are not expressly stipulated in the Japanese Civil Code, court judgments often provide visitation rights for non-custodial parents.

In practical terms, however, in cases of international parental child abduction, foreign parents are greatly disadvantaged in Japanese courts, both in terms of obtaining the return of children to the United States, and in achieving any kind of enforceable visitation rights in Japan. The Department of State is not aware of any case in which a child taken from the United States by one parent has been ordered returned to the United States by Japanese courts, even when the left-behind parent has a United States custody decree. In the past, Japanese police have been reluctant to get involved in custody disputes or to enforce custody decrees issued by Japanese courts.

In order to bring a custody issue before the Family Court, the left-behind parent will require the assistance of a Japanese attorney. A parent holding a custody decree issued in U.S. courts must retain local Japanese counsel to apply to the Japanese courts for recognition and enforcement of the U.S. decree.

Lists of Japanese attorneys and other information are available on the web at http://www.tokyoacs.com or from the Office of Children”s Issues at the address shown below. Links to the web sites of our other consulates in Japan can also be found at this web site.

U.S. consular officers are prohibited by law from providing legal advice, taking custody of a child, forcing a child to be returned to the United States, providing assistance or refuge to parents attempting to violate local law, or initiating or attempting to influence child custody proceedings in foreign courts. They generally cannot obtain civil documents (such as marriage registrations and family registers) on behalf of a parent, although an attorney can.

The American Embassy in Tokyo and the Consulates in Naha, Osaka-Kobe, Sapporo, Fukuoka and Nagoya are able to provide other valuable assistance to left-behind parents, however, including visits to determine the welfare of children. If a child is in danger or if there is evident abuse, consular officers will request assistance from the local authorities in safeguarding the child”s welfare.

IMPORTANT NOTE: In view of the difficulties involved in seeking the return of children from Japan to the United States, it is of the greatest importance that all appropriate preventive legal measures be taken in the United States if there is a possibility that a child may be abducted to Japan.

CRIMINAL REMEDIES

For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation. Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention , at http://www.ojjdp.ncjrs.org. Contact the country officer in the Office of Children”s Issues for specific information.

New Law on Passport Applications for Minors:

On July 2, 2001, the Department of State began implementation of the new law regarding the passport applications for minor U.S. citizens under age 14. Under this new law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole custody of the child. The law covers passport applications made at domestic U.S. passport agencies in the U.S. and at U.S. consular offices abroad. The purpose of the new requirement that both parents’ consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international child abduction.

Children’s Passport Issuance Alert Program (CPIAP):

Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children’s names be entered in the U.S. passport name-check system, also known as CPIAP. A parent or legal guardian can be notified by the Department of State’s Office of Children’s Issues before a passport is issued to his/her minor child. The parent, legal guardian or the court of competent jurisdiction must submit a written request for entry of a child’s name into the Passport Issuance Alert Program to the Office of Children’s Issues. The CPIAP also provides denial of passport issuance if appropriate court orders are on file with the Office of Children’s Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot be used to track the use of a passport. If there is a possibility that your child has another nationality you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country’s passport. There is no requirement that foreign embassies adhere to U.S. regulations regarding issuance and denial of passports. For more information contact the office of Children’s Issues at 202-736-9090. General passport information is also available on the Office of Children’s Issues home page on the Internet at children’s_issues.html.

The State Department has general information about welfare/whereabouts visits, hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CIS’s) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If a situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the Department of State may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning that recommends U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov or by calling the State Department’s Office of Overseas Citizen Services at (202) 647-5225. Many of these documents can also be obtained by automatic fax back by calling (202) 647-3000 from your fax machine.

Address Information – Correspondence and documents can be submitted to:

By FEDEX, DHL, Express Mail, etc.

Office of Children”s Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

By Regular Mail*

Office of Children”s Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

(*–As of February 2002, the State Department is experiencing considerable delays of at least three to four weeks in the delivery of regular mail due to mandated irradiation against harmful substances. We strongly recommend that important correspondence be sent by courier such as FEDEX, DHL, Express Mail, etc. to ensure prompt delivery.)

Tel: 1-888-407-4747 (Recorded Information, access to officers) or (202) 736-9090
Fax: (202) 312-9743
Internet: children”s_issues.html

Toll Free Hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444. Persons seeking information or assistance, in case of emergency, outside of these hours, including on weekends or holidays should call 1-202-647-5225.

The OCS hotline can answer general inquiries regarding international parental child abduction and will forward calls to the appropriate Country Officer. For specific information and other services available to the searching parent, please call the Office of Children’s Issues public phone number at 1-202-736-9090 during normal working hours.

Complete original at:
http://travel.state.gov/family/abduction/country/country_501.html#
STATE DEPT. ENTRY ENDS

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

REFERENTIAL LINKS

CHILDREN’S RIGHTS NETWORK JAPAN
http://www.crnjapan.com/en/

SF CHRONICLE Aug 27 06: “CHILD CUSTODY IN JAPAN ISN’T BASED ON RULES”
https://www.debito.org/?p=23

Crnjapan’s Mark Smith:”Protest Against Japanese Postdivorce Child Abductions” in Portland, Oregon
https://www.debito.org/?p=196

Metropolis Magazine on J int’l child abductions
https://www.debito.org/?p=180

CRNJapan’s Mark Smith with linked articles on J divorce int’l child abductions
https://www.debito.org/?p=131

DIVORCE IN JAPAN–WHAT A MESS
https://www.debito.org/?p=9

https://www.debito.org/thedivorce.html
=======================================
ENDS

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

mytest

Hi Blog. I included this as part of my previous newsletter on Japan’s judiciary, but it warrants a blog entry all its own. Don’t want it to get buried.

From Mark at Children’s Rights Network Japan. Debito

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

I would like to tell everyone about a new law journal article about Japanese family law that is now available. It’s written by a law professor in Japan who himself has been through the family court system all the way up to the Supreme Court.

First sentence: “Japan is a haven for parental child abduction.”

Need I say more? If you are married to a Japanese partner and have children, its a must read, even at 100 pages. Look for it here:

http://www.hawaii.edu/aplpj/

IN THE BEST INTERESTS OF THE COURT: WHAT AMERICAN LAWYERS NEED TO KNOW ABOUT
CHILD CUSTODY AND VISITATION IN JAPAN
Colin P.A. Jones
Asian Pacific Law and Policy Journal
University of Hawaii
Volume 8, Issue 2, Spring 2007.

Happy Reading.
Mark

==================================
ENDS

Anti-money laundering measures snag tourists with traveller’s checks

mytest

Hi Blog. I cited Terrie’s Take this morning (see previous post on this blog) about Japan’s half-assed campaign to boost tourism in Japan. Was going to wait until tomorrow to put the following up, but a friend expressed an interest in Japan’s anti-money-laundering policies so tonight:

Debito.org’s been cc-ed in a number of interesting correspondences from complete strangers (thanks), with the following moral:

More phooey on Japan’s vaunted YOKOSO JAPAN campaign: tourists who need to cover a midsize a sum as thousand USD in costs (see letter from University of Kentucky’s Prof. Stradford below) are suspected of being money launderers (meaning Japanese banks will sell large demoninations of travellers’ checks, but then will not cash them unless you have a permanent address in Japan).

Long history of this. I’ve been snagged as far back as 2003 for suspicion of money laundering–for receiving as little as 5000 yen (as a donation) from overseas. Friend Olaf (a Permanent Resident) has been told to display his passport (not required of Japanese) for wanting to change a small sum of leftover USD to JPY. More on the Mission Impossible of getting better service from Japanese banks as a NJ here.

The good news is that Japanese authorities actually responded (and in a timely manner) to Professor Stradford’s inquiries. Good. Not sure if it resolves the situation any (travellers’ checks of that denomination are still just as useless), but at least someone tried to help.

I’ll promote this post to an “anti-discrimination template”–as it demonstrates that it does pay to complain when policies are idiotic. Here’s hoping things go smoothly for Prof. Stradford’s contributions to the Japanese economy. Arudou Debito in Sapporo

//////////////////////////////////////////////
From: stradfot@XXXX.edu
Subject: Travelers check problems that have begun in Japan
Date: July 6, 2007 3:58:17 PM JST
To: visitjapan@jntonyc.org;, info@jnto-lax.org, vjc@poem.ocn.ne.jp
Cc: debito@debito.org

Dear Sir,

Since the Yurakucho Office does not have an email address, I have to begin by sending a complaint on ‘the use of travelers checks in Japan’ to your offices, which are associated with the “Yokoso Japan” and “Visit Japan” campaigns.

Since the 1980s, the University of Kentucky has taken groups of 3 to 6 students to Japan each summer. We stay at hostels, business hotels, and yado which usually do not take credit cards in order to keep their costs low. However, this requires that we cash large amounts of cash to pay the hotel bills for 4 to 7 people, especially to cover weekend periods when banks and post offices are closed.

During this summer’s trip, I was unable to cash $1000 or two $500 travelers checks at a bank in a single day, as the banks have set a Y100,000 limit on cashing travelers checks in Japan. I was shown the new requirement that all banks were to observe this limitation beginning 1 January 2007. This is very strange as these same banks ‘sell’ $1000 denomination travelers checks to Japanese to use outside Japan. The only way to cash these checks was to show proof that you had a permanent address in Japan. What Japanese person or foreigner needs to use travelers checks in Japan? This is an indirect form of discrimination against foreign tourists, who are now considered untrustworthy to use large travelers checks. Luckily, on this trip I was able to find business people willing to take time out of their day to cash the checks for me at the banks and then give me the money.

Besides this insult, future trips in the summer are now under review to cancel, as there is no way that banks can be sought out everyday to cash small amounts, especially on weekends, or in places where banks and post offices do not exist, such as in Yasumiya on Towada-ko, or at Lake Toya, both places that we have stopped in the past.

We cannot raise the cost for the students just to stay in credit card hotels, and we are not going to limit our trip to only Tokyo and Kyoto, where at least the airport banks seem to disregard this new requirement.

If we cannot get enough cash to pay for hotels for 4-7 people over a weekend, then we will stop this trip.

Thanks for looking into this problem.

H. Todd Stradford
Associate Professor
University of Wisconsin Platteville
Platteville, WI 53818
Phone: 608.342.1674
Fax: 608.342.1088
http://www.uwplatt.edu/geography/japan
/////////////////////////////////////////////////

ANSWER FROM THE AUTHORITIES:

/////////////////////////////////////////////////
From: XXXXXXX@jnto-lax.org
Subject: Re: Travelers check problems that have begun in Japan
Date: July 7, 2007 10:48:08 AM JST
To: stradfot@XXXXXX
Cc: visitjapan@jntonyc.org, info@jnto-lax.org, vjc@poem.ocn.ne.jp, debito@debito.org

Dear H. Todd Stradford,

Thank you very much for your email. We did not know that this problem existed until you let us know today. First of all, I’m very sorry that this happened and that you had to waste time looking for business people to cash the travelers checks.

It is true that there was a law passed on January 4, 2007 that requires banks to confirm the identity of anyone (Japanese or non) making a deposit or money transfer of 100,000 yen or more. The same law has been passed in many other countries with the aim of preventing money laundering and the funding of terrorism. When I looked through the laws on the FSA website (http://www.fsa.go.jp/policy/honninkakunin/), it seems that you may have been treated unfairly, but I do not fully understand the laws myself so I will contact our headquarters and have them look into this further.

Please let me know the names of the banks that would not change your travelers checks for you (as much as you remember, city and branch name if possible).

Rest assured that we take your claim seriously, and will follow through until you get a satisfactory answer.

Best regards,
Christopher Bishop
********************************
Japan National Tourist Organization
515 South Figueroa Street, Suite 1470
Los Angeles, CA 90071
TEL: 213-623-1952
FAX: 213-623-6301
http://www.japantravelinfo.com
http://www.jnto.go.jp
********************************
ENDS

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

From: xxxxxxx@jntonyc.org
Subject: Re: Travelers check problems that have begun in Japan
Date: July 11, 2007 12:09:30 AM JST
To: stradfot@XXXXXXXXXX
Cc: visitjapan@jntonyc.org, info@jnto-lax.org, vjc@poem.ocn.ne.jp, debito@debito.org, XXXXXX@jntonyc.org, XXXXXXX@jntonyc.org, XXXXXXX@jntonyc.org

Dear Professor Stradford,

We are very sorry to hear your frustration regarding the lack of email access to Yurakucho’s office and the Japanese banking system. As you may know, Japan is still a very cash oriented nation. It may be more efficient to take advantage of ATM services. Starting July 11, 2007 Seven (Eleven) banks will provide ATM services. Seven Eleven convenient stores are located widely across Japan and this hopefully will aid you and your colleagues to retrieve cash. One can take out as much as 500,000yen per day. Please go to our website for more detailed information: http://www.japantravelinfo.com/news/news_item.php?newsid=33. We hope this information can help you. We are sorry for all the inconveniences caused regarding your travelers’ checks. Moreover, we hope that you can still send 4-7 people to Japan. Please do not hesitate to contact me at any point in time if you have any further concerns.

Kind regards,

Takae Ishizuka
Web & Marketing Specialist
Japan National Tourist Organization – JNTO
One Rockefeller Plaza, Suite 1250
New York, New York 10020

Tel: (212) 757-5641 Ext. 20
Fax: (212) 307-6754
“The East of Ordinary”
www.JapanTravelinfo.com
ENDS

J Times on labor abuses at Gregory Clark’s Akita International University

mytest

Hi Blog. More labor abuses coming out at Gregory Clark‘s Akita International University (he’s vice president, after all; see his nice welcoming message to the world here). As catalogued yesterday in the Japan Times Community Page. Article also includes some lessons about what you can do about employers of this ilk.

Suggest you stay away from this place if you are looking for a job. More about AIU’s shenanigans at the BLACKLIST OF JAPANESE UNIVERSITIES, with the following entry:

==========================================
NAME OF UNIVERSITY: Akita International University (Private)
LOCATION: 193-2 Okutsubakidai, Yuwa, Tsubakigawa, Akita-City, Akita

EMPLOYMENT ABUSE: Despite wanting PhDs (or the equivalent) for faculty, AIU offers 3-year contracted positions with no mention of any possibility of tenure, plus a heavy workload (10 to 15 hours per week, which means the latter amounts to 10 koma class periods), a four-month probationary period, no retirement pay, and job evaluations of allegedly questionable aims. In other words, conditions that are in no visible way different from any other gaijin-contracting “non-international university” in Japan. Except for the lack of retirement pay.

SOURCE OF INFORMATION: Job advertisement in the Chronicle of Higher Education, dated September 2, 2006. http://chronicle.com/jobs/id.php?id=0000469416-01 (click here to read text if previous link is obsolete). Other unofficial sources of dissent available on the Chronicle’s forums (links may obsolesce, and their contents are completely independent of the Blacklist) at http://chronicle.com/forums/index.php?topic=28632.0
==========================================

Now for the expose in the Japan Times. Debito in Sapporo

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

THE ZEIT GIST
Wronged employees seek redress through mediation
Prefectural labor boards offer cheap alternative to suing in work disputes
By MICHAEL KITAMURA
Special to The Japan Times, Tuesday, July 10, 2007

http://search.japantimes.co.jp/cgi-bin/fl20070710zg.html

Imagine you feel wronged by your employer and find simply sharing your work woes with friends and chat groups inadequate. You want compensation and acknowledgment that your employer acted unjustly.

Suing is not your only option. Prefectural labor boards may hear your case and bring your employer in for reconciliation.

A few years ago I was given a pay cut at my last university for political reasons. I had asked the university president, in a one-page private letter, to consider replacing the Hinomaru Japanese flag flying in front of the university with an Earth flag, partly because the university was always squawking about how international they are, and partly because faculty were invited to share any ideas and concerns with our “open-minded” president. So when he told me the reasons for a 10-percent pay cut included my opposition to the Iraq war, and the “flag letter,” and ended my evaluation meeting wagging his finger saying, “You should love the Japanese flag,” I was shocked, but didn’t know where to turn. Suing seemed a long shot.

Two years later this same president made a dramatic declaration to the faculty, informing us that none of our renewable contracts would be renewed. Instead, we would have to reapply and fight for our jobs via open recruitment.

However, what we didn’t know then was that the directors and several favored faculty members had been “blown kisses” — promised jobs and told to keep the fact secret. When the dust settled, 12 faculty members had just reason to seek compensation for breach of contract, out of whom 10 banded together — all nonunion foreigners — to speak with a local union rep.

Foreigners tend to scatter after losing their jobs, and we were no exception. Of the 10, only three planned to remain in Japan, making legal action even more impractical. And, while unemployed, who would have the resources for legal fees? Thus, I looked at speaking with the union rep more as a counseling session, to have someone knowledgeable listen and give a viewpoint, and perhaps sympathize. Some of the “winners” at my university, for example, implied there had been no breach of contract. Were we exaggerating the injustice?

After listening carefully, however, the union representative flatly stated, “That’s illegal.” Then, even more encouragingly, he told us about a course of action that didn’t involve any lawyers or fees at all: Meetings with a prefectural labor board that could lead to “assen,” meaning mediation or reconciliation.

The first step, which could not be skipped despite the futility of it, was to hold direct talks with the university. It was decided, with the help of the union and labor board, to submit a “yokyu isharyo” (demand or request for compensation) for 5 million yen per person for financial damages endured due to breach of contract.

Then, three dismissed faculty members and two union representatives met with four university staff. When they denied there was any connection between evaluation and renewal — a key point of our dispute — we learned what an uphill struggle we faced.

At the same time, we had concurrently been meeting with the prefectural labor board, because they realized time was limited until we’d have to move from the area. After the university refused to pay at our second meeting — which was predictable — the labor board heard more details. For example, when one faculty member with a doctorate in a Japan-specific field and glowing evaluations asked for the reason for her dismissal/nonrenewal, she was told by the president, “You’ve been in Japan too long.”

The board, in addition to hearing such testimony, also read documents, from contracts to memos, that belied the university’s claims, and led them to decide there was just cause to pursue “assen.”

Four respected members of the community — a corporation president, a university professor, a labor representative, and the head, a lawyer — served as judges to hear both sides of our dispute and suggest a compromise.

A key point to note about the process is that it’s not binding. At any point either party can simply withdraw. That being said, the labor board informed us that the mediators succeeded in solving 80 percent of the labor disputes they heard. Furthermore, the labor rep noted that a university is under tremendous pressure to comply with the decision of an independent third party — especially since the authority behind the mediation process was, in our case, the prefecture, which had bankrolled the university when it opened.

The mediation process is designed to avoid huge winners and losers, so we knew from the start that receiving 5 million yen per person was highly unlikely. At the same time, the mediation process saved us time and money: while court cases may cost millions of yen in lawyer’s fees, and drag on for years, our mediation would last just a couple of months, and cost nothing save transportation to hearings. Furthermore, while all 10 members were encouraged to attend hearings, attendance was not required.

Thus, we dropped any demand for lost salary, which the courts might grant, and aimed for “just” 5 million yen per person. More importantly, we wanted a decision which indicated our university had acted inappropriately, in an effort to curb dictator-like management styles, give some power to dismissed faculty, and yes, receive financial compensation.

By the third hearing, it was clear that we would be awarded a settlement figure, which we, and the university, could accept or refuse. We were also told negotiations would end there, and both sides had a take-it-or-leave-it option.

The 10 of us felt vindicated by the decision, that the university acted improperly and should indeed pay compensation that ranged from 1 million yen to 1.7 million yen per person, depending on whether the person had secured employment yet.

Yes, some felt the figure was low, because it didn’t even fully cover their moving expenses. Still, 1 million yen or more per person — 13 million yen in total — clearly indicated the university’s culpability. And we had understood the limitations of the process from the start. With such a small amount, we felt confident the university would pay. After all, the total of over 13 million yen equaled just about half of the university president’s remuneration for one year.

For the three faculty who had received pay cuts due to the corrupted evaluation process, the mediators did not have the power to ask that we be compensated. However, the decided settlement amount would at least recover salary I lost for my flag letter and opposition to the Iraq war — or so it seemed.

Unfortunately, our result was destined to fall in the 20 percent of unresolved cases, because the university refused to pay even that amount. As the labor rep had explained on more than one occasion, the process doesn’t have any means to force employers to fulfill obligations. Still, even in the absence of compensation, vindication of our position made “assen” worthwhile.

The labor rep also explained another option in addition to “assen” or legal action. In 2006, Japan created a labor disputes system (“rodo shinpan seido”) so disgruntled workers could get a hearing with minimal cost and minimal delay. A judge decides the case after meeting no more than three times with one labor rep and a company rep.

Thus, the worker avoids not only lawyer fees, but a protracted court case that may otherwise drag on for years. And, as opposed to “assen,” unscrupulous employers don’t have a right to refuse or withdraw. Both parties can, however, appeal, all the way to the Supreme Court.

Our group didn’t have the option to use this new labor court because it only hears cases for individuals, not groups. Most who utilize this new system are labor union members — but some, like ourselves, join a union only after having a workplace dispute.

Thus, in this era of short term contracts, temporary jobs, and political shifts to the right, workers, foreign or otherwise, should remember they have rights and their employer has responsibilities. Unions, which only exist due to the support of their members, can point workers the way to “assen” mediation, a special labor disputes court, and, if those time and money saving options fail, can provide a union lawyer and sue the most unscrupulous of employers.
—————————

The writer of this article was obliged to use a pseudonym. Send comments and story ideas to:community@japantimes.co.jp
ENDS

Yomiuri: Nikkei Brazilian cannot be probation officer due to Nationality Clause

mytest

Hi Blog. Justice Ministry exercising its typical administrative guidance–in this case making sure foreigners never exercise any power over Japanese. That includes NJ helping police their own, I guess. Just can’t trust NJ, no longer how long they’ve been here (below, the person denied a volunteer job has been in Japan sixteen years).

Case cites the Nationality Clause and the Chong Hyang Gyun Lawsuit defeat. Even though many local governments are now abolishing their Nationality Clause requirements. Just goes to show how closed-minded the MOJ is determined to be, even if it means they remove one means to deal with NJ/youth crime (which it has no problems citing as a scourge). Breathtaking bureaucratic foresight. Debito in Sapporo

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

Ministry: Brazilian can’t be probation officer
The Yomiuri Shimbun July 8, 2007

http://www.yomiuri.co.jp/dy/national/20070708TDY02008.htm
Courtesy of FG

SHIZUOKA–The Shizuoka Probation Office has given up its bid to appoint a second-generation Brazilian of Japanese descent as a probation officer after it received a Justice Ministry opinion indicating that foreigners may not be commissioned to exercise public authority, according to sources.

Probation officers are part-time, unpaid central government officials entrusted by the justice minister. The ministry said it is “problematic” to commission foreign residents as probation officers because some of their responsibilities involve exercising public authority.

About 50,000 Brazilian of Japanese descent live in Shizuoka Prefecture, mainly in its western part, where the manufacturing industry is prosperous, comprising one-sixth of the total figure of such foreigners in the country.

Among the cities in the prefecture, Hamamatsu is home to 20,000 Brazilians of Japanese descent–the nation’s largest number–and delinquency by Brazilian youth has become a problem.

Language barriers pose a hurdle when it comes to support the rehabilitation of delinquent young Brazilians.

In an attempt to tackle the problem, the Shizuoka Probation Office in April asked karate school operator Tetsuyoshi Kodama, a second-generation Brazilian of Japanese descent who is experienced in dealing with non-Japanese youths, to become a probation officer.

Kodama, 41, who moved to Shizuoka from Brazil 16 years ago, agreed, saying he wanted to contribute to the rehabilitation of Brazilian youths. He said he thought he could do this by approaching them in a different way than Japanese would tend to do.

But when the probation office contacted the Justice Ministry’s Rehabilitation Bureau to get approval for Kodama’s appointment, the ministry rejected the idea, saying it would be problematic to offer the post of probation officer to a foreigner because the exercising of public authority would be involved in cases such as when a probation officer informs the chief of the probation office if a youth breaks a promise with a probation officer, which could result in the chief applying for parole to be canceled.

According to the ministry’s Rehabilitation Bureau, it provided the opinion based on the opinion of the Cabinet Legislation Bureau in which Japanese citizenship is required for public servants who exercise public authority and make decisions that affect the public.

In January 2005, the Supreme Court gave a similar viewpoint in a lawsuit filed over the Tokyo metropolitan government’s refusal to let a foreigner take management position tests.

As for the qualifications required for a person to serve as a probation officer, however, there are no judicial precedents. An official at the ministry’s bureau said he had never heard discussions on whether to appoint a person without Japanese citizenship to a probation officer post.

According to the Shizuoka Probation Office, many foreign youths who are put on probation cannot speak Japanese. Probation officers have to communicate with them with the help of interpreters or their friends and family members.

Masataka Inomata, head of the Shizuoka Federation of Volunteer Probation Officers Associations, said: “Besides myself, there’s only one other probation officer who can speak Portuguese in the prefecture. It’s difficult to build trust with youths through a third party.”

(Jul. 8, 2007)
ENDS

読売:日系ブラジル人の保護司登用、法務省の「困難」見解で断念

mytest

日系ブラジル人の保護司登用、法務省の「困難」見解で断念
7月6日19時28分配信 読売新聞
http://headlines.yahoo.co.jp/hl?a=20070706-00000307-yom-soci

 静岡保護観察所(静岡市葵区)が、浜松市内の日系ブラジル人男性を保護司として推薦することを法務省に打診したところ、「保護司の業務は公権力の行使にあたり、外国人に委嘱することは困難」との見解を示され、推薦を断念していたことが6日、わかった。

 在日ブラジル人が多い同市などでは、ブラジル人非行少年らの更生支援にあたって、言葉の壁の問題が指摘されているが、こうした現場の要請に応えられない形となり、論議を呼びそうだ。

 静岡県内には、製造業が盛んな県西部を中心に、在日ブラジル人の6分の1の約5万人が暮らしている。特に浜松市には全国最多の約2万人が住み、ブラジル人少年による非行や犯罪も相次いでいる。
最終更新:7月6日19時28分

========================
コメント:ブラジル人非行少年を対処するために、上記の外国人ボランティアもこうやって拒否してもいいでしょうか。この日系外国人は日本に16年間も住んでいる(この記事に載っていないが、英語のバージョンをどうぞ)し、社会問題にも自分の技量を役立たせたいのですが、それでも当局は信用ができないですか。非行を認めて、効果的な対処法を認めず、どういうことでしょうか。
ends

University Blacklist adds Hokkai Gakuen and Chugoku Univ, Greenlist gets ICU

mytest

The Blacklist of Japanese Universities (https://www.debito.org/blacklist.html), where listed institutions have a history of offering unequal contracted work (not permanent “academic tenure”) to its full-time faculty (usually foreign faculty), has just been updated for the season.

Joining the 100 universities blacklisted are two new entrants, as follows:

BLACKLIST OF JAPANESE UNIVERSITIES
==============================================
NAME OF UNIVERSITY: Chugoku Gakuen University and Junior College (Private)
LOCATION: Okayama City, Okayama Prefecture, west of Osaka.

EMPLOYMENT ABUSE: “Chugoku Gakuen has discriminated against its native speaking English teachers for many years and thus deserves to be placed on the blacklist. Although racial discrimination is not a crime in Japan, it is still intolerable. Neither myself nor my two immediate predecessors were able to attain working conditions on a par with the Japanese faculty. Academic credentials, publications, experience, and student evaluations have had no bearing on our position. I feel that have been discriminated against for years, and now, after seven one-year contracts, have been presented with a terminal contract. To date no one has been able to provide me with a reasonable explanation as to why I am treated differently. I have been refused promotion from lecturer to assistant professor although most other faculty are promoted after three years and generally become associate professor after five. The most recent reason is that since my Japanese is weak I cannot be on committees. Strangely enough I have been on one committee for the past seven years. I was also told repeatedly that my Japanese skills or lack thereof was not a problem, and when I offered to attend classes if that would help my situation I was told directly by the president at the time that I would never change salary or position no matter what level Japanese proficiency I attained. This year I did receive a salary increase (roughly 2% per annum if factored over my period of employment), but this came with the terminal contract. It is worth statiing that my two predecessors were capable Japanese speakers and faced the same barriers as myself. The school is now involved in an ongoing labor dispute with me and my union (EWA). The school has become a hotbed of cronyism since a new president entered the picture last year. To the disgruntlement and amazement of many faculty members, he has appointed a friend with almost no teaching experience and publications as a full professor. This is only one of the many positions filled without open competition or public posting of open positions. Please add this facility with its opaque policy making and discriminatory hiring practices to your blacklist.”

SOURCE OF INFORMATION: Richard “Cabby” Lemmer, faculty member at that institution.
==============================================
https://www.debito.org/blacklist.html#chuugokugakuen

and

==============================================
NAME OF UNIVERSITY: Hokkai Gakuen University (Private)
LOCATION: 4-1-40 Asahimachi, Toyohira-ku, Sapporo 062-8605 JAPAN

EMPLOYMENT ABUSE: Nonrenewable 3 year contract for “position for a full-time native speaker of instructor of EFL”. Required to teach 10 lessons per week Monday to Saturday 9am – 9pm. Classes may include content-based EFL as well as all levels of reading, writing, listening, and speaking. Materials development and other program-related activities will also be included in the duties. (Basically, you are required to do everything they ask). They expect a MA or PhD and in return offer a dead-end position offering a mere 4.4 million yen salary per year. Yet they also offer a similar position in the same department in Japanese with permanent non-contracted tenure and without any requirement of a PhD, which means they keep qualified foreigners disposable and tenure less-qualified Japanese. Sounds like a truly egalitarian place to work. Contact point for the throwaway English position: tkuri@jin.hokkai-s-u.ac.jp (Takehiko Kurihara)

SOURCE OF INFORMATION: JREC-IN website job advertisement ( http://jrecin.jst.go.jp/seek/SeekTop?fn=1&ln=1, DATA NUMBER : D107070218). Human Science Jobs – Advertised on July 7th 2007. (See entire advertisement archived here)
==============================================
https://www.debito.org/blacklist.html#hokkaigakuen

But there is also some good news. For the first time in the ten-year history of the Blacklist of Japanese Universities, the following has happened:

GREENLIST OF JAPANESE UNIVERSITIES
==============================================
NAME OF UNIVERSITY: International Christian University (Kokusai Kirisuto Kyou Daigaku) (Private)
LOCATION: Mitaka, near Tokyo

GOOD EMPLOYMENT PRACTICE: Has many tenured Non-Japanese faculty, and also a functional tenure review process for those full-timers on contracts to eventually become tenured faculty.

SOURCE OF INFORMATION: A personal on-site investigation by the Blacklist Moderator, Arudou Debito, who met with several ICU faculty and Dean William Steele in April 2007, who substantiated the above. NOTE: ICU was for many years on the Blacklist, but has become the first university in the decade-long history of the Blacklist to not only be Greenlisted, but be permanently removed from the Blacklist as well. Congratulations, and thanks for your cooperation.
==============================================
https://www.debito.org/greenlist.html#icu

Thanks ICU.

If you would like to make a submission to the Blacklist or the Greenlist are welcome. Application is at https://www.debito.org/blackgreenlistapp.html. I welcome input. For example, if you find some job advertisement which proves a university qualifies for either list, please send me the text, save me some time by rewriting the pertinent data as per the Blacklist entry format sbelow, and a link. Please try to keep sources as close to primary as possible. Thanks.

Arudou Debito in Sapporo

Life Angel: No loans for NJ weddings, er, “non-family” weddings.

mytest

Hello Blog. This just in the other day from a friend, who is about to get married. Then he hit a major snag:

The couple had everything ready to go–working through a major chapel in Tokyo and sending out invites to hundreds of guests–and were ready to take out a loan from a finance company affiliated with the wedding company named “Life Angel”. When up came the brick wall:

For any loan over 100 man yen, sez Life Angel, you would have to have three Guarantors (hoshounin). In much the same way that you would if you were, say, renting an apartment.

Fine. He secured three Guarantors, all Japanese, all stable income earners and upstanding members of society. Would be no problem for a housing loan or rental.

But then Life Angel suddenly threw up another barrier midway: Those Guarantors must be family members, within “three levels of relatives” (sanshintou inai no shinseki).

My friend is not a Japanese–he’s a Western immigrant. Which means he has no family here.

But his fiance has Japanese citizenship. Unfortunately, she’s an immigrant too, a naturalized former Chinese citizen. Which means she has no family here either.

So now with a month and change to go before the big day, and investments in time and invites already made, their wedding is in underfunded limbo.

According to my friend, Life Angel loan company has justifed this policy by arguing that weddings are family affairs. Therefore securing family members as Guarantors is not odd.

We disagree. Here’s what’s odd about this arrangement:

It not only excludes the growing number of Immigrants into Japanese society (who can’t always transplants successful families over here as well)…

…but also excludes those Japanese who don’t have families in Japan either.

How about orphans, or people marrying later in life whose older, more established relatives have passed on?

How about those who don’t get along with their families, and aren’t in a position to ask them to be Guarantors?

Look, confining Guarantors to family members isn’t necessary for life’s other big financial decisions, such as mortgages, auto loans, or rental agreements. If it did, we’d have a lot more homeless and carless people. So why a wedding?

It seems even more arbitrary when you realize that a marriage in Japan does not even require that families legally witness the act. The Kon’in Todoke only requires two adult Witnesses (shounin) sign on. They can be anybody, as long as they’re adults.

So what’s with Life Angel’s rules? Especially so far into the game for my friend, who can’t switch tracks to another wedding chapel now?

So much for Life Angel’s “100% wedding ceremony” slogan. Avoid this company if you can. Just another one of those silly rules which has the effect once again of interfering with immigration and assimilation of NJ into J society.

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

Life Angel KK reachable at:
http://www.lifeangel.co.jp/
Tokyo to Minato-ku Nishi Azabu 4-12-24, Kouwa Nishi Azabu Bldg. 4F
0120-69-8515, 03-5469-8515, Fax: 03-5469-8658
email: info@lifeangel.co.jp

Arudou Debito in Sapporo

DOCUMENTATION OF THE ISSUE (click on all images to open anew in browser):

COMPANY DETAILS:
lifeangel001.jpg
lifeangel002.jpg

THE COMPANY RULES REGARDING GUARANTORS:
lifeangel003.jpg

CLOSE UP AND WITH TRANSLATION:
lifeangel004.jpg

TRANSLATION: As for the “Joint Liability Gurarantor” (rentai hoshounin) column, fill in without fail “spouse” under “JLG 1”. If you are using more then 100 man yen, then fill in two more JLGs under column 2 and 3. Further, in principle, “Joint Liability Gurarantor” is limited to parents, or relatives within three levels of relationship (sanshintou). Also, if they are currently employed, please fill in details of where they work.

ENDS

Asahi Editorial: Tanaka Hiroshi on treatment of NJ workers

mytest

Hello Blog. Here’s one of the most important writers regarding NJ issues (particularly the Zainichi), Tanaka Hiroshi, getting an article in the most prominent public Op-Ed column in the Japanese press (although I can’t find the Japanese version of it anywhere–little help?).

Good. Again, it’s what we’ve been saying all along. More voices the merrier. Debito in Sapporo

======================================
POINT OF VIEW/ Hiroshi Tanaka: Japan must open its arms to foreign workers
07/03/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200707030068.html
Courtesy of Hans ter Horst

Japan, with its aging workforce, is facing a serious labor shortage that can only be solved by bringing in foreign workers. Even so, the country’s laws do not safeguard the human rights of these guest trainees and interns.

The government is attempting to change this situation, but in my view, its efforts lack focus.

Three arms of the government are making separate moves in this area.

The Ministry of Health, Labor and Welfare wants to treat foreign trainees as interns, so Japanese labor laws will cover them.

The Ministry of Economy, Trade and Industry proposes strengthening the screening process and penalties for maltreatment of foreign trainees and interns to improve working conditions and prevent human rights violations.

And Justice Minister Jinen Nagase seeks to establish a system whereby foreign workers can work only a maximum of three years.

To begin with, it is ridiculous to have three branches of government working separately to solve the same problem. This will only result in a tug of war over control.

What needs to be done is to establish a central policy office within the Prime Minister’s Office or the Cabinet Office, with its leader reporting directly to the prime minister.

In reality, there is a wide gap between how Japan deals with its foreign workers and the principles stated in official policy.

With the Japanese labor force in decline, the economy cannot be maintained without an influx of foreign labor. Despite this fact, the government is sticking with an outdated policy that limits the entry of unskilled foreign workers on grounds the practice could lead harm job security for Japanese workers.

At the same time, however, the government opened a back door into the job market, offering a fast track to visas for foreigners of Japanese descent and trainee and technical internship programs for foreigners.

These two loopholes enable unskilled foreigners to work in Japan. To date, about 350,000 foreigners of Japanese descent have come to Japan from Brazil, Peru and elsewhere to work in the automotive industry. Many are employed by subcontractors to the major automakers and other parts makers.

Instead of dealing squarely with them, the government has stuck with its “deceptive” policies. As a result, there are no protections in place to guarantee their human rights and labor rights. Since foreign workers are usually hired by brokers and dispatched indirectly, many employers fail to provide them with proper social insurance coverage.

Some workers even are illegally forced to hand over their passports to their employers, and others have been cheated of due wages. Such mistreatment has been reported in case after case, but nothing is done to prevent it.

I am working to resolve the educational problems faced by the children of foreign workers in Japan. Despite the rise in numbers of children attending Brazilian schools in Japan, these schools remain unaccredited. As such, they receive no government subsidies.

When revisions to the Fundamental Law of Education were discussed last year, not a word was heard about the right of immigrant children to an education or the government’s obligation to guarantee that education.

The government must squarely face these problems and create sincere policies to make the lives of our guest workers better.

Since the Japanese population is declining, the government needs to come out and make clear that we do need and value foreign workers. Once that is recognized, the government should examine which areas are lacking and estimate how many workers we need. It also should pass legislation to enable immigrants who complete Japanese-language training programs and vocational training courses to enter the workforce as full-fledged workers.

Some people worry that too many foreign workers would lead to lower wages for Japanese workers or steal jobs away.

If a foreign worker is more competent or better trained than a Japanese, then naturally they will get hired first.

But to assume that a foreigner should work for less than a Japanese is outright discrimination. And as long as the principle of “equal pay for equal work” is observed, the situation will not adversely affect the labor market.

The government’s passive attitude toward foreign workers shows how it remains unable to shake off its insular, Cold-War era mindset, one that pits people of one nation against another merely because they hold a certain citizenship.

This thinking leads us to set Japanese apart from foreigners.

We must accept people from other countries as “residents” and create a system to encourage them to participate in our society. Giving foreign residents the right to vote in local elections would be a step in the right direction.

For that, we need a system that encourages foreigners to settle in Japan, instead of one that treats them as temporary labor.

Japan needs to abandon its selfish attitudes and open up its closed society with firmly rooted policies.

* * *

Hiroshi Tanaka is professor specializing in the history of Japan-Asia relations at Kyoto’s Ryukoku University and a representative of a citizens’ group that works to support schools for foreign residents in Japan.(IHT/Asahi: July 3,2007)

JTs on rackets for immigrant workers, runaway Trainees

mytest

Hi Blog. More information on how Japan exploits NJ labor for its own purposes. First Japan Today on how trainees are trying to get the hell out of a bad situation, then the Japan Times with more on these government-sponsored rackets.

Some important stats below. Probably still not enough for the academics to accept somehow “empirically” there’s a real problem out there, but heads tend to remain in the sand as long as possible on these things (especially to those for whom “problems” are not a matter of existence, but of degree; everything counts in large amounts, you see).

More on what I’ve said about this issue in the past here and here. Debito in Sapporo

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

Nearly 10,000 foreigners disappear from job training sites in Japan 2002-2006
JAPAN TODAY.COM/KYODO NEWS
Monday, July 2, 2007 at 05:00 EDT

http://www.japantoday.com/jp/news/411066
Courtesy Mark Mino-Thompson of The Community

TOKYO — A total of 9,607 foreigners, mostly Asians, ran away from job training sites in Japan between 2002 and 2006 in an apparent attempt to look for better working conditions elsewhere, according to the Justice Ministry’s Immigration Bureau.

The situation shows that the Japanese system of accepting foreigners to train as skilled workers has become mostly a ceremonial affair and, in reality, is just a mechanism for foreigners to work on lower wages.

The figures compiled by the bureau based on reports from those which accepted trainees showed that Chinese workers topped all other nationalities with 4,521 disappearing from training sites. The number accounted for 47.06% of the total.

Vietnamese were second with 2,674 or 27.83% and Indonesians third with 1,610 or 16.76%.

Runaway trainees totaled 1,376 in 2002, soared to 2,304 in 2003 and amounted to 2,201 in 2006. Former trainees illegally remaining in Japan totaled 3,333 as of Jan 1 this year. All others who disappeared earlier were said to have left Japan.

Some said that the situation that has resulted from foreigners escaping from their training places demonstrates that the flow of non-Japanese workers wishing to earn money in Japan has reached the level beyond the control of the trainee system which originally had called for Japan to offer foreigners three-years job training assistance.

They also said Japan is being pressed to make a clear-cut decision on whether it is ready to formally accept unskilled workers from foreign countries.

It has become a daily scene for foreign trainees working at town factories or on fishing boats across Japan, a fact that they have become a workforce that serves the need of Japan and that the domestic industry cannot operate without them.

However, there are no well-defined stipulations concerning trainees’ wages and rights because they are not considered workers for the first year after entering Japan. Their stay in Japan is limited to three years, including the period they spend undergoing hands-on experience.

About 26,000 trainees have gone to Japan as trainees since 1993 under Indonesian government supervision and 1,775 of them ran away from their training sites while 1,577 others returned home without completing training. The largest number of runaway trainees was seen when 53 of 76 trainees who left Indonesia on July 8, 2002 disappeared.

Indonesian government officials said trouble with Japanese hosts who accepted them for training may have been the biggest reason for their disappearance.

A sense of alienation between the reality confronting trainees and the system that allowed them to be in Japan has led to a number of incidents recently.

Police unmasked a case in Okayama Prefecture involving a group of Indonesians who allegedly smuggled themselves into Japan using fictitious names and seeking a long-term stay as trainees. Some other trainees filed suits with courts in Aomori and Aichi prefectures seeking unpaid wages.

Such cases do not remain mere individual problems since the flow of workers is connected to economic globalization aimed at eliminating barriers between nations that shun human movement.

As a trading nation, Japan is trying to press ahead with the conclusion of free trade agreements with Asian countries and member countries of the Association of Southeast Asian Nations and to earn profits by exporting tariff free goods, including high performance industrial products.

On the other hand, it is natural for a country like the Philippines, which cannot manufacture industrial products strong enough to compete with made-in-Japan goods, to send something that it does have an edge in over Japan.

In fact, the two countries are planning to open the path for Philippine nurses to work in Japan based on an economic partnership agreement. (Kyodo News)

======================================
MEDIA MIX
Immigrant workers in Japan caught in a real racket
By PHILIP BRASOR
The Japan Times Sunday, July 1, 2007

http://search.japantimes.co.jp/cgi-bin/fd20070701pb.html
Courtesy Ron Beaubien of The Community

The debate over whether Japan should allow foreign workers in to make up for current and future labor shortages is dominated by the so-called foreign trainee program, which is overseen by the Japan International Training Cooperation Organization (JITCO). The program is itself the subject of a debate, which boils down to the age-old Japanese dynamic of honne vs. tatemae.

The tatemae (given reason) of the program is to bring workers from developing countries to Japan to learn Japanese techniques that they can later put to use back home. The honne (real reason) of the program is to legally let small and medium Japanese companies import cheap labor. According to a recent series of articles in the Asahi Shimbun, the Japanese public for the most part still buys the tatemae explanation, even though the media has been reporting for years that many foreign trainees come to Japan for the express purpose of making money.

As with most controversies that don’t touch directly on the lives of average people, the only related news that makes an impression is the sensational kind. In August of last year, a 27-year-old Chinese worker killed an official of a Chiba training center. The details of the case, which is now being heard at Chiba District Court, point to a much more complex situation than that which the media originally reported.

The defendant was a plumber in China who made the equivalent of 7,500 yen a month, and his purpose in coming to Japan was to earn a lot of money in a short time. However, because of trainee program rules, he wasn’t able to work and earn as much as he hoped, and he went on strike, demanding that he be allowed to work overtime at the pig farm where he’d been placed. The official in charge of the training center that brought him to Japan responded by trying to have him deported. In a fit of anger, the worker killed the official and injured two others.

According to his lawyers, in order to come to Japan to “receive training,” the defendant had borrowed more than 1 million yen in order to pay the security deposit, transportation costs, and various non-refundable fees associated with the assignment. He thought he could pay back the debt quickly by working overtime, but according to JITCO regulations a trainee is not classified as a worker for the first year. Since normal labor laws do not apply to foreign trainees until the second year (when they become “interns”), they can be paid less than the minimum wage.

Most people believe that potential trainees pay their fees to brokers in China, and they do. But according to the Asahi, the worker on trial paid his fees to the Chiba training center, which has set up its own dispatch company in China to recruit trainees. Though such a system turns the training center into a broker at best and a trafficker at worst, there is no specific JITCO rule that says dispatch companies cannot profit from trainees.

For tatemae purposes, businesses cannot directly request foreign workers from JITCO. They must go through local organizations, which are usually trade or industry associations. Each of these groups pay JITCO 100,000 yen a year, while each member company pays 50,000 yen a year. In a June 1 article, the Mainichi Shimbun reported that 925 such organizations comprising 9,857 companies paid these fees to JITCO in 2001. By 2005 the numbers had increased to 1,493 groups and more than 17,000 companies. JITCO’s revenues for 2006 topped 1.2 billion yen, which is why its budget from the government has been steadily decreasing.

The Mainichi contends that as JITCO has become more self-sufficient, it has taken on the culture of a private company. Some industry officials told the newspaper that as more associations join, JITCO feels it has to treat them as “customers,” which means JITCO is more likely to look the other way with regard to common illegal practices such as confiscating trainee passports and 14-hour work days. One employer said appreciatively that JITCO calls him beforehand to tell him when they are coming for a surprise inspection.

JITCO has even set up an insurance system with 11 major companies that brings in about 100 million yen annually. Workers pay premiums of 27-37,000 yen a year. The average “allowance” for first-year trainees is 66,000 yen a month.

A racket by any other name wouldn’t smell as sweet. JITCO was originally the brainchild of five different government ministries that have filled its staff with retired bureaucrats ever since. Three of these ministries seem to have realized that the program’s real raison d’e^tre has become too obvious. The justice ministry wants to get rid of the trainee system and allow foreign workers into Japan for limited periods, while the Ministry of Economy, Trade and Industry and the health ministry want to keep the system and merely give it a tweak.

Missing from the debate are the workers themselves. The irony is that there are foreign trainees who join the program because they really want to acquire skills, but most of them end up performing manual labor on farms or in factories. Regardless of their intentions, the workers always lose. If they want to earn a lot of money, the system denies them the opportunity to do so; and if they want to come to learn a skill, the system is not equipped to do that, either.

For balance, the Asahi interviewed the director of a sewing industry association in Hiroshima that receives trainees. He says his program genuinely transfers skills to developing countries, but he also insists that the foreign trainee system is “indispensable” to small Japanese companies. Without it, these companies would be forced to move overseas. It sounds like a threat, but what’s the difference between using cheap foreign workers in Japan and using them in a foreign country? The difference is that in Japan you can make more money off of them.

The Japan Times: Sunday, July 1, 2007
ENDS

“Beware of foreigners” leaflets in Ikuno-ku, Osaka

mytest

Hi Blog. This has come up on The Community Mailing List:

Jon writes:
============================
A friend of mine found this on a car in Ikunoku and said there were plenty of them around. Anyone in Osaka want to help me do something about this?
http://img294.imageshack.us/my.php?image=img2007jun26ih4.jpg
ikutakukeisatsuJune07.jpg

(NB: For those who find the flyer hard to read:
HELP US STOP ILLEGAL LABOR AND FOREIGN OVERSTAYERS!
(Images of Illegal overstayers, long-nosed fraudulent grooms, passport forgers, and illegal workers: All including blondies, of course.)
THESE DAYS WHERE FOREIGN CRIME IS RISING FAST [Even though, according to the Mainichi Feb 07, it’s dropping. So is, according to Immigration, foreign overstaying.]
CHECK THE STATUS OF RESIDENCE AND PERIOD OF STAY ON THEIR PASSPORTS, TO ENSURE YOU EMPLOY A FOREIGNER PROPERLY!!
THERE WILL BE PENALITIES FOR EMPLOYERS WHO EMPLOY FOREIGNERS NOT PERMITTED TO WORK, AS WELL AS THOSE WHO ACT AS INTERMEDIARIES.
WE ASK YOU TO COOPERATE IN ORDER TO GIVE US A SAFE AND LIVABLE TOWN ENVIRONMENT WITHIN IKUNO-KU.
IKUNO SANGYOU ROUDOUSHA KOKUSAIKA TAISAKU RENRAKU KYOUGIKAI
OSAKA FU IKUNO POLICE STATION, CONTACT 06-6712-1234)

I found at http://www.ikuno.or.jp/1_1.htm that this flyer is being distributed by the Ikuno Sangyoukai.
名称 社団法人 生野産業会
会長 三宅 一嘉
所在地 〒544-0004 大阪市生野区巽北1丁目21番23号
電話番号 06-6757-2551
FAX番号 06-6754-2186
============================

Declan adds:
============================
For what it is worth, practically every chamber of commerce in the
country had meetings this month with regards to foreign employees.

My chamber held a meeting June 8th
http://www.okazakicci.or.jp/goma/68foreigner.pdf

I didn’t attend because I was overseas at the time, but as far as I know
there were no harebrained schemes for leafletting cars on the streets.

I don’t see any point in counter leaflets. Perhaps a better approach
might just be to write a letter to the sangyoukai asking for them to
refrain from littering, and to suggest that instead of distributing
leaflets, that they ensure that all of the companies in their membership
are in fact checking the bona fides of any foreigners in their employment,
and that the hotels/accommodation sector of their membership
aren’t demanding passport copies from Japan residents etc. Something
conciliatory and practical is usually the best way to start a dialogue.
============================

Dave suggests:
============================
The clear first step in doing anything about this is to call the number
on the leaflet and get some information.

The main information to get is to find out who exactly within the
chamber of commerce is the project leader for this, who is their public
representative, and that sort of thing.

Then, if possible, initiate a meeting or a phone call where the matter
can be formally discussed. Find out why they are doing this now, what
their concerns are, how this all came about.

During that meeting or phone call, see if you can point out where
they’ve given into fears and departed from facts, and see how much they
can be swayed.

At all steps, record the conversations.

Whether or not anything further can or should be done will be very clear
once all those kinds of facts are in.

You’d be surprised at how far some dialogue can go. A lot of the people
behind these things aren’t deliberately rejecting facts about foreign
crime, they’re just blissfully ignorant. A polite discussion with a
foreigner who has his facts straight can make a big impression.

The ideal candidate for this task is someone who can communicate well in
Japanese and can be in Osaka to really talk to these people.
============================

Readers of Debito.org who would like to try their hand at a little activism are encouraged to investigate this further. Tell us how things go in the Comments section of this Blog? Debito in Sapporo

ANDREW SMALLACOMBE AT THE COMMUNITY ADDS:

============================
I know this will probably sound obvious, butsome of my concerns
regarding the leaflets are:

– They are directed at employers. Passport forgery and bogus
marriages, while illegal, are not something a potential employer can
or should police. Any revised posters should not mention the other
two offenses at all. They should merely remind employers that hiring
foreign workers with inappropriate visa status is illegal and to
check this status.

– The caricatures are racist and would be more appropriate in World
War II propeganda. It also implies that all foreign nationals are
physically distinguishable from the Japanese poplulation, and
furthermore hints that those with illegal status are readily
identifiable. Lose them in any reprints.

-Again, as the leaflets are aimed at employers, statements
of “rapidly rising foreigner crime” are irrelevant, not to mention
highly questionable. Lose them.

Essentially, if it is necessary to alert businesses to the fact that
hiring foreign workers without the correct visa status is a criminal
act, fine. Just don’t try to use perceptions of crime by foreign
nationals as justification.
============================
ENDS

UPDATE JULY 6: THERE HAS BEEN MOVEMENT ON THIS ISSUE, SEE COMMENTS SECTION FOR UPDATES…

JULY 8: FOOD FOR THOUGHT, SENT TO ME BY M.D.:
perspective.jpg

DEBITO.ORG IN NO WAY SUPPORTS THE IMAGES BEING DISPLAYED ABOVE, BUT FEELS IT IS A USEFUL EXERCISE TO PUT THE SHOE ON THE OTHER FOOT. DO YOU THINK THE GOJ WOULD SIT IDLY BY IF THESE IMAGES WERE BEING PUT OUT BY POLICE FORCES IN OTHER COUNTRIES?

Asahi: Shizuoka Pref residents block Brazilian from buying land

mytest

Hi Blog. Another one of these “get a load of this” situations…

A local residents’ association, citing fears of crime and foreigners fleeing the country after committing them, worked together to block a realtor from doing his job as intermediary for a house purchase by a 3rd-generation Nikkei Brazilian man in the (appropriately named) Nagamizo area of Iwata City, Shizuoka.

The MOJ’s Bureau of Human Rights as usual showed its ineffectuality by saying the NJ purchaser was in the right, even had his human rights violated, but had no way to set things right with any enforcement mechanisms. (See another example of this BOHR ineffectuality on Debito.org)

So the residents kick him out, and continue to man the barricades against any more foreigners. Nice work. Wonder what would happen if this happened to Japanese in other countries? The Japanese press would have a field day vilifying the town and making the excluded Japanese into victims, the GOJ MOFA would lodge formal complaints, tourism from Japan there would decrease… is not too much a stretch of the imagination. The shoe’s never on the other foot here, it seems. Debito in Sapporo

////////////////////////////////////////////////////////////////
Racism surfaces over bid by foreigner to buy land, settle
06/29/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200706290148.html

FUKUROI, Shizuoka Prefecture– Fearful that they would be inviting crime to their neighborhood, residents blocked an attempt by a Japanese-Brazilian man to buy land on which to build a house.

The local regional legal affairs bureau said their actions constituted a “violation of human rights” and told the parties involved that if a similar situation occurred in the future they should handle it better.

In the end, the man was forced to purchase property elsewhere.

The 30-year-old factory worker had his heart set on purchasing a 200-square-meter plot through a realtor in the nearby city of Iwata in April last year, said sources familiar with the matter.

The third-generation Japanese-Brazilian had planned to build a detached house on the plot in the Nagamizo district of Fukuroi.

But before he could sign the contract, a group of local residents who are members of the Nagamizo community association raised objections to the purchase after they learned from the realtor that the buyer was of Brazilian ancestry.

The group, which at the time comprised 12 households, notified the real estate company of its intention to stop the man from moving in, the sources said.

One resident, citing a perception that Brazilians are prone to committing crimes, said, “I feared that something might happen.” The woman alluded to a number of reports about Brazilians fleeing Japan to avoid prosecution for crimes committed in Japan.

An official with the civil liberties division of the Shizuoka Legal Affairs Bureau, a regional branch of the Justice Ministry, refused to discuss the case, citing the need for confidentiality.

But the official noted that in general the approval of neighborhood residents is not necessary for a real estate transaction.

“As long as the seller and the buyer agree on the terms, the deal goes through, regardless of opposition from local residents,” he said.

In the end, the Japanese-Brazilian was unable to buy the land because the realtor failed to fulfill its obligation to act as an intermediary. The man took his case to the Fukuroi branch of the Shizuoka Legal Affairs Bureau in May last year, contending that a “violation of human rights” had occurred.

The bureau agreed with the man after studying the case and talked to the community association group and the president of the real estate company about ending local opposition to the man’s quest to build a home. The meeting took place some time before June 6 this year, the sources said.

The Shizuoka Legal Affairs Bureau official said that even if the residents and the realtor had committed what the bureau deemed to be a violation of human rights, there were no provisions to punish the parties.

“The bureau’s function is to educate the public about human rights issues by pointing out what constitute violations of human rights,” the official said.

The head of the Nagamizo community association stated bluntly that non-Japanese are not welcome in the neighborhood. “Honestly speaking, we don’t want (Brazilians) to move into the neighborhood if possible,” the person said. “We need to think about how we should deal with similar situations if a Brazilian wants to buy a plot of land here in the future.”

The Japanese-Brazilian acknowledges that the overall image of Brazilians is not good, but he urged people to look at them individually.

“I hold down a job and I am able to speak Japanese,” he said. “Although I had planned to meet those residents in person, I was told ‘not to bother.'”

The man bought a 160-square meter land in a different section of the city and built a house on it.(IHT/Asahi: June 29,2007)
ARTICLE ENDS

毎日等:静岡県袋井の自治会がブラジル人転居反対・土地購入を断念

mytest

ボログの愛読者、おはようございます。今回の記事に出た人はかわいそうで、政府レベルの救済制度は相変わらず足りないのは過言ではありません。
//////////////////////////////////////////////////////////

人権侵害:ブラジル人引っ越し「拒否は不適切」 法務局、自治会班長に説示/静岡
毎日新聞(静岡版)2007年6月29日
http://www.mainichi-msn.co.jp/chihou/shizuoka/news/20070629ddlk22040111000c.html
s-watchメーリングリストへ感謝

 日系3世のブラジル人男性が袋井市内に引っ越そうとした際に自治会の住民が
拒否したのは人権侵害にあたるなどとして、静岡地方法務局が、自治会班長らに
対して自戒を求めて説示していたことが28日までに分かった。自治会関係者は
「外国人のいない昔からの集落で、トラブルが心配だった」と話している。

 関係者によると、06年4月、男性が袋井市長溝に家族で暮らす一戸建て住宅
用の土地約200平方メートルを購入しようとした際、不動産会社が近隣住民に
「ブラジル人が土地を買う」と通知。自治会の班長が12集落の意見を聞いて3
分の2の賛成で受け入れない方針を決めた。その後、土地購入が破談になった男
性が法務局へ訴えたという。

 法務局は、班長に対して「外国人であることを理由に土地購入を歓迎しない意
向を示したのは不適切。今後繰り返さないように」、不動産会社には「外国人が
買うことを住民に通知してはいけない」と説示した。説示には法的効力はない。

 ある自治会の男性は「ブラジル人がすべて悪い人だとは思っていないが、最近
はブラジル人の犯罪をよく聞くので、入った後に問題が生じるのは避けたかった」
とする。不動産会社は「知らせないとトラブルがあった後に住民から会社のせい
だと言われる。今後通知はしないが何かあったときの責任は法務局が負うという
ので任せたい」と話している。【竹地広憲】
毎日新聞 2007年6月29日
//////////////////////////////////////////////////////////

クイックコメント:これから前向きに家に投資するぐらいの溶け込もうとする外国人はどーしても隣人から「犯罪者扱い」になりますか。このイメージの蔓延には責任は警察署などにはありませんか。
ikutakukeisatsuJune07.jpg
(07年6月、車の窓グラスに置いておいたチラシより)
念のために、もう一つの記事を。有道 出人
//////////////////////////////////////////////////////////

袋井の自治会がブラジル人転居反対 土地購入を断念
中日新聞(静岡版)2007年6月29日
http://www.chunichi.co.jp/article/shizuoka/20070629/CK2007062802028191.html

 袋井市在住で永住許可を持つ日系ブラジル人の30代男性が、市内に新居用の
土地を買おうとしたところ、地域住民が反対し、土地購入を断念していたことが
分かった。男性の知人によると、男性は「まじめに生活しているのにがっかりし
た。外国人を差別しないでほしい」と訴えている。

 知人によると男性は、妻と子ども1人の3人家族。数年前から同市内の市営団
地で暮らし、2002年に永住許可を取得した。同市内に一戸建ての家を建てよ
うと06年4月、磐田市内の不動産会社の仲介で市内の土地(約200平方メー
トル)を紹介された。契約前に不動産会社が「土地の購入者はブラジル人」と地
元自治会に伝えたところ、住民が反発。住民は会合を開いて、男性家族の転居反
対を決めたという。

 男性は、知人と一緒に静岡地方法務局袋井支局に相談。同支局は事実を確認し、
今月6日までに同自治会と不動産会社に「人権侵犯の事実にあたる」と説示した。

 法務局人権擁護課の大橋光典課長は「プライバシーにかかわる問題なので、詳
細はコメントできない」としながらも「差別があったとしたら、地域住民への啓
発など必要な措置を検討したい」と話している。
ENDS

J MSDF demoting military officers with NJ spouses (UPDATED)

mytest

Hi Blog. We’ve heard rumors of this before in the past, and it turns out they were true: Imagine the uproar that would ensue in the US if the US military or State Department (with their high numbers of international spouses) were to engage in these sorts of practices–treating their employees as untrustworthy because they married foreigners, naturally all suspectable as spies! Debito in Sapporo

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

MSDF officers with foreign spouses to be moved from sensitive posts
Japan Today, Thursday, June 28, 2007 at 05:00 EDT

http://www.japantoday.com/jp/news/410685
Courtesy of Ben at The Community and Ken at Trans Pacific Radio

TOKYO — The Maritime Self-Defense Force plans to move officers with
foreign spouses away from posts with access to military secrets after
sensitive data was leaked through an officer with a Chinese wife, the
Sankei Shimbun reported Wednesday.

The MSDF will start the transfers from Aug of 10 officers who are
married to non-Japanese nationals and who have access to high-level
military secrets. The paper said the move is aimed at protecting
military secrets in the wake of an embarrassing leak of confidential
information on the U.S.-developed high-tech Aegis combat system, the
conservative daily said.

About 150 officers out of a total of 40,000 are married to foreign
nationals, according to the daily. Of them, 100 are Chinese, it said.

A 33-year-old petty officer allegedly obtained confidential data on
the Aegis system without authorization. The leak came to light after
the officer’s Chinese wife was arrested in January for a visa
violation.

However, an unconfirmed newspaper report later said the leak may have
occurred by accident when the officer was swapping pornography over
the Internet.

ENDS
========================================

UPDATE JULY 3 2007. FEEDBACK FROM CYBERSPACE, ANONYMIZED:

First of all naturally I’d like to thank you for your
website over the years. Being in a lower class
position in Japan and often singled out not only for
the usual xenophobic pressures we encounter here but
also for my subcultural status your website has long
been a necessary resource.

I was writing today to alert you of something
disturbing I recently encountered with regards to the
Japanese self defense force. This might be something
you’re already aware of or have written on within the
website (I attempted to search but honestly… there’s
simply too much there to be sure I covered
everything). My current spouse is in the SDF and
the other day I learned a very disturbing fact about
the nature of our relationship — when he is on base
and when he talks to his military associates I am
Japanese.

The reason for this he says is a very old rule in the
SDF that members are not allowed to fraternize with
foreigners. Period. And that while the penalty for
him is negligible (normal disciplinary action, which
judging from the times he’s stayed over late and
arrived late at base can’t be that bad) his violation
of this rule could bring the military police to my
doorstep for interrogation and a search and seizure of
my electronic equiptment. He believes it’s more
doubtful as I’m non-Asian but says this has happened
recently with the Chinese wives of SDF personnel.

Naturally, I’m a bit angry about all of this. I can’t
blame my spouse — like I said, my friends are in
the low class spectrum and the benefits and pay for
the SDF really outweigh a lot of the problems, very
similar to the argument for many military outfits.
However on the broad scale of institutionalized racism
this digs under my skin. I’m a national security risk
because I’m not Japanese? My spouse couldn’t cite the
wording of the law but I’m curious — how are second
and third generation citizens perceived? It’s the
grey “gaijin” box again.

This situation with him I find sadly comical. Already
he has to keep large parts of his hobby at my house
lest his superiors think he’s a communist out against
the emperor and now with me he has to leave all his
photos of me at my house. On his cell phone he uses
the Japanese version of my name for my information and
my e-mail address is kept anonymous like all these
english texts are from some stranger with no
connection. A bit depressing.
========================================
ENDS

Asahi: Banning/limiting NJ in J sports spreads from marathons to ping pong, basketball, soccer…

mytest

Hi Blog. Debito.org reported in May 2007 how the All Japan High School Athletic Federation banned NJ runners from participating in the first leg of the HS championships.

Now the restrictions are spreading to other sports. As is always the case, once you can get away with discrimination in one sector, others copycat, as can be seen in the spread nationwide of exclusionary JAPANESE ONLY signs on multiple business sectors.

It’s long been a policy (with some recent loosening of restrictions) in the Kokutai National Sports Festivals. So if it happens in a tax-funded national event where people can qualify for something serious like the Olympics, it’s a credible enough rule that any amateur league can mimic. And clearly have.

Gotta feel sorry for all those NJ kids going to high school in Japan, and by dint of their birth, they are told they aren’t allowed to do their best in sports. Kinda defeats the purpose of these events, wouldn’tcha think?

But I don’t think the organizers of these events really understand what “being sporting” is all about. To them sports are great, as long as Japanese win. These twits should look what’s going on in Sumo… Or actually, perhaps they are. Arudou Debito in Sapporo

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

Groups try to level playing field by limiting foreign players
06/29/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200706290152.html
Thanks to Trans Pacific Radio for notifying me.

The slogan of high school sport associations could be: If you can’t beat ’em, ban ’em.

The associations have introduced tough restrictions on foreign students because they are trouncing the Japanese athletes in sports such as the ekiden relay marathon, basketball and table tennis.

The restrictions followed protests from Japanese fans who say the superior ability of the foreign students is making the sporting events dull.

In May, the All Japan High School Athletic Federation decided to ban foreign students from running the first leg in the All Japan High School Ekiden Championships, which is held in Kyoto every December.

For the boys’ division, the total course of 42.195 kilometers is split into seven legs, with the 10-km first section the longest.

In the championships in December 2006, four Kenyan students ran in the first leg. The slowest Kenyan was still 30 seconds faster than the quickest Japanese runner.

Sumio Shokawa, secretary-general of the All Japan High School Athletic Federation’s track and field division, said an ekiden fan sent an e-mail complaining: “No Japanese students are shown on TV. That was like an African championship.”

Another disgruntled e-mailer told Shokawa: “The schools bring the foreign students here just to publicize the names of their schools. They are not suitable for high school sport competitions.”

In the past few years at the ekiden championships, fans of Japanese athletes gather at the Nishi-Kyogoku track and field ground in Kyoto to protest to the participation of foreign students.

The number of foreign students is increasing in other sports, much to the chagrin of many locals.

According to the high school athletic federation, 293 foreign students were registered in 32 prefectures in 2006.

As the number of foreign students has grown, so have the number of restrictions.

In basketball, for example, a school can have only one foreign student on the court. In soccer, only two foreign students from the same school are allowed on the pitch at the same time.

Senegalese students are drawing attention in basketball.

Noshiro Technical High School in Akita Prefecture, which has won the national high school championships as many as 20 times, was defeated by schools with Senegalese students in the past two years.

In the 2005 championships, the finals pitted Fukuoka Dai-ichi High School in Fukuoka Prefecture against Nobeoka Gakuen High School in Miyazaki Prefecture. Both teams had Senegalese students taller than 2 meters.

Foreign high school students who play table tennis are mainly from China.

Over the past 15 years, Chinese students have won the national inter-high school championships eight times in the boys’ singles division and 11 times in the girls’ singles division.

Currently, a school can have only one foreign student on its table-tennis team. In addition, foreign students cannot be on the same side for doubles matches.

Some have doubts on the restrictions on foreign students. They say the Japanese students should just work harder.

One is Shinya Iwamoto, coach of the track team at Sera Senior High School in Hiroshima Prefecture.

The prefectural school, which has accepted Kenyan students since 2002, won the national high school ekiden championships in 2006 for the first time in 32 years.

“Kenyan students are making greater efforts than their Japanese counterparts,” Iwamoto said. “Their attitudes have raised the level of the entire team.”(IHT/Asahi: June 29,2007)
ARTICLE ENDS

Caroline Pover’s T-shirt campaign to find Lindsay Hawker’s murder suspect

mytest

Hi Blog. This just came through. Good idea (Debito.org is doing a similar awareness-raising campaign with JAPANESE ONLY T-shirts.), so passing this along. Debito

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

From: caroline@carolinepover.com
Subject: I’m launching a T-shirt campaign for Lindsay Ann Hawker’s family and am asking for your help
Date: June 28, 2007 12:07:11 PM JST
To: caroline@carolinepover.com

Dear Friends & Associates

As you probably know, 22-year-old Lindsay Ann Hawker was teaching English in
Japan when she was brutally murdered at the end of March this year. Tatsuya
Ichihashi remains the Japanese police’s only suspect and has still not been
found.

In support of Lindsay’s family and the Japanese police in their hunt for
this man, I am launching a T-shirt campaign. I hope that enough people – men
and women, Japanese and foreign – will wear this T-shirt so that this man’s
face is seen by as many people as possible in Japan, on a daily basis.

I met with Lindsay’s family yesterday, who said: “The more people that wear
the T-shirts, the more support that we will feel is being shown for us.
Lindsay was a teacher, who loved her life in Japan. She would have been
first in the queue to buy and wear such a T-shirt for another victim. She
had a strong sense of justice, and would have done anything she could have
to have helped others.”

PLEASE play a part in assisting Lindsay’s family in keeping this man’s face
right where people can see it. Buy a t-shirt and wear it at the gym,
dropping the kids off at school, going shopping, on the train, and just
walking around – wear it anywhere you will be seen by many people. If you
don’t live in Japan, why not help by buying shirts for us to give to people
who do?

There are many things you can do to help: buy and wear a T-shirt, buy LOTS
of T-shirts for us to give to people to wear, volunteer to help with the
campaign, get your company involved, and pass on this email to all your
foreign and Japanese friends living in Japan. If you are involved with any
print media, we also have a print campaign you are welcome to use.

On behalf of the Hawker family, thank you very much for your support.

Caroline
———–
To order T-shirts go to http://www.cafepress.com/beingabroad

To volunteer yourself, your company, or media coverage, please email
caroline@carolinepover.com

Please forward this email to your foreign and Japanese friends living in
Japan.


Caroline Pover
President & CEO
Caroline Pover, Inc. & Weekender, Inc.
———————–
Being A Broad http://www.being-a-broad.com
Alexandra Press http://www.alexandrapress.com
Weekender magazine http://www.weekenderjapan.com
———————–
Tel: 03-5549-2038
Fax: 03-5549-2039
Email: caroline@carolinepover.com
Chuo Iikura Bldg 5F, 3-4-11 Azabudai, Minato-ku, Tokyo 106-0041, Japan
ENDS

UPDATE June 27: My week speaking in Tokyo and facing the madding crowds

mytest

UPDATE JUNE 27, 2007
TOKYO TRIP, SIX SPEECHES IN AS MANY DAYS

Hello Blog. I’ve left you fallow for a week now, my apologies. I’ve just come through what is probably my busiest speaking schedule yet. I gave what amounted to six speeches in as many days, all of them brand new, with Powerpoint presentations in two languages. Phew.

Backing up a bit on the timeline, I have had an incredible June, in the sense that there was no letup. From my mind-blowing trip to the USA and my Cornell 20th Reunion, where I discovered that bullying can become trans-generational (https://www.debito.org/homecoming2007.html), to coming home with jetlag only to be smacked by a car while riding my bicycle to work (https://www.debito.org/?p=453 –finding myself still able to cycle and walk but not climb stairs unassisted for awhile), I’ve had to deal not only with hospitals and insurance companies, but also deadlines that were constantly nipping at my heels. Finish one speech, start preparing another. Every day for about a week.

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Early on Tuesday morning June 19, I finally started the paper I would be delivering on Friday and Saturday at Waseda University and the 2007 Asian Studies Conference Japan. Topic? Immigration’s effects on Japan, and how lack of governmental oversight has created Frankenstein’s Monster in the labor market. By Tuesday evening, I had pounded out seventeen pages with footnotes and references, and by Wednesday night I was on my third draft and 19th concluding page. I was still writing it on the plane down to Tokyo the next day, and by Thursday evening the fourth and final draft was finished (see it at https://www.debito.org/ASCJPaper2007.doc). I forwent catching up on any Internet or blogging, getting started on my concomitant Powerpoint presentation right away before any sleep (speeches I do nowadays are never only just reading from a printed document anymore; I find using Powerpoint to create visuals from the computer, instead of the Mind’s Eye or the OHP, to be very effective. Sadly, this means my workload is doubled.) Staying with friends Leisa and Stephen Nagy, I found myself striking a decent (but slightly worried) balance between being social, and wondering if I hadn’t taken outdone myself by saying “yes” to everyone who asked me to speak on this trip.

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

So Friday morning June 20, I went to Waseda early and used the graduate student facilities to pound out my Powerpoint in four hours (see it here at https://www.debito.org/japansmulticulturalfuture.ppt). I gave my speech to several grad students (even the American Embassy showed, thanks), and found that the presentation (with questions from the audience during) stretched what had to be a 20-minute talk into well over an hour (which earned tuts from timekeeper Stephen). A couple of grad students said I lacked data (naturally, the Powerpoint is a capsule summary; I suggested they download and read my whole paper), and one asked what percentage of Non-Japanese workers have working conditions as bad as I was citing from the newspapers.

I answered that it’s not a matter of degree–what percentage of exploitation and slavery by nationality would be the proper threshold for saying the system needs improvement? 1%? 5%? 20%? And anyway, we’ll never get reliable stats on this topic when many workers, legal or illegal, won’t come forward to bad-mouth their bosses or get deported. It’s like trying to guestimmate the amount of rape or DV in a society. To me it’s a red herring anyway, since horrible work conditions, even child labor and slavery, being inflicted upon even one laborer in Japan is too many. It’s illegal, too, but poorly enforced–both created then left to forge its own cruel realities by our government.

Anyway, yes, I didn’t have that data, and I could sense the glee in the grad students’ eyes. Gosh, they got me, the big bad speaker who for some reason needed to be shown he’s not all that smart or impregnable, without discussing the problems brought up. Such is one weak spot of academia. Not only does the “dispassionate view” that the academic must take suck the humanity out of issues of human rights, but also the trauma inflicted upon the researcher, suffering constant supervisor and peer vetting of theses in the name of “rigor”, creates a pecking order of nitpicking questions and data for data’s sake. After all, in an arena like this, it’s always seen as better to have data than not, right?, even when it’s irrelevant. “I don’t know” (rather than the consideration of “it doesn’t matter”) in a forum like this becomes an unforgivable weakness.

Then, ironies upon ironies, right afterwards I went to a series of lectures at Waseda on “Cool Japan”. There we had people discussing the intricacies of candles on the heads of certain manga characters, and musings on how Pokemon creates a self-actualizing world for children. Culture vulture stuff, nonrigorous hooey, but received with heavy-lidded adulation out of politeness. Lousy Powerpoint too. Left early.

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

Saturday June 23 was the Asian Studies Conference Japan at Meiji Gakuin University, and quite frankly, I found few papers all that interesting (and even fewer papers available for reading–made me wonder why I tried so hard to get my paper done on time). Some stuff on disaffected youth made me think, but nothing made me blink. And I used some of the time in droning presentations to whittle down my upcoming Powerpoint presentation to its bare essentials. Our roundtable (which had been gratefully preserved by people despite having one of our panelists drop out) had the torture of doing five papers in a two-hour period; each person got 24 minutes including Q&A. Stephen clocked in at 21 minutes with his interesting presentation on the official openness of local governments in different Tokyo Wards towards NJ residents (Adachi-ku sounded pretty progressive, whereas Shinjuku-ku ironically didn’t care–in fact was disinclined to see foreign residents as much more than a potential source of crime). Then I stampeded through my 35 slides and clocked in at 23 minutes just. We had a full house, no questions about data or lack thereof. Probably no time, alas.

Evening was spent catching up with old friends Ken, Garrett, and Alby from Transpacific Radio (http://www.transpacificradio.com –I’ve asked them if they’ll let me read the news sometime), plus newfound friend Aly who surfaced from the Internet to tell me about his woes getting stopped by the police all the time in Saitama (it’s getting worse; the cops apparently target foreigners more than the increasing number of shops with “JAPANESE ONLY” signs…). Stayed out too late and had one beer too many.

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

Sunday June 24 was even busier, if you can believe it. First thing in the morning (as in 9AM, running all the way to deserted downtown Tokyo), I met an Italian journalist (a lovely former fashionista named Stefania with a lovelier accent) who interviewed me for more than three hours for a 5000-word article on activism in Japan. Then taxied back to the ASCJ Conference, since I had been specially invited to attend a post-lunch talk by Nikkei Americans and Canadians about their feelings returning “home” to Japan.

Humph. With even less “rigor” (but good media), we had talks of what I call the genre of feel-good “baachan essays” (or conversely whiney ponderings about defeated expectations–i.e a “Japan don’t treat me right, despite” sort of thing). A love-in for those genetically-admitted, we received a talk about the narratives of older Japanese Americans and Canadians in the Kansai (which, since there were no narrative samples taken from younger women, or from any men at all “because they would disrupt the flow of information”, essentially became a survey of nattering older housewives shooting fish in a barrel). When I asked about if there were any plans to include the no doubt fascinating narratives of Nikkei Brazilians etc. (their factory schedules and language barriers notwithstanding), the answer was no, since, it was claimed, the study of Nikkei North Americans is far more underresearched. This surprising claim was based upon the fact that the Nikkei North Americans had fought or been betrayed by Japan in WWII, adversely influencing research of them. Aha. When the last speaker even asserted that Nikkei should being a White person to Japanese restaurants to get better service, I said, “It cuts both ways. There’s no science here.”

This confirmed a number of things I have been mulling over about these so-called Nikkei “returnees” (kibei) to Japan: How they seem to forget that their ancestors generally left Japan for perfectly good reasons, often because they didn’t fit in economically or socially. And they expect to come back and fit in now? I think it’s best to come here with no expectations or any trump cards due to genetics and make do as individuals, not Nikkei. But I’m sure they wouldn’t agree. To them it’s somehow some matter of birthright. Ah well. Enjoy the questionable social science from identity navel gazing and defeated expectations. It makes for exclusive ideological love-ins all over again, which happen to be just as exclusive as they feel they are facing in Japanese society.

Then in the late afternoon I carted my monolithic suitcase (full of books and T-shirts, https://www.debito.org/tshirts.html) through the subways (surprisingly unbarrier-free; I really feel sorry for people in wheelchairs), and found my way out to Tokai University, out in Odawara, an hour west of Tokyo. Hosts Charles and Yuki Kowalski had invited me out for two speeches care of their E-J translation ESP Classes in the International Studies Department. I had fortunately pounded out an 8-pager on “What is a Japanese?” shortly before I went to America weeks ago. I couldn’t even remember what I wrote, but as soon as we finished our home-cooked meal and some homeopathic remedy for my aching bike leg (it worked, actually–my leg hasn’t hurt since!), I went off to a deserted stay-over teacher’s dorm (I felt like I was walking the halls of the Overlook Hotel in THE SHINING, expecting to find twins behind every corner), was given two nights in a lovely old corner room with big windows overlooking trees, and got started on my Tokai speech Powerpoint (see it at https://www.debito.org/tokaispeech062507.doc)

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

Rising early the next morning (5AM), Monday, June 25, I put the finishing touches on a few visuals, was escorted at 9:30AM into a full classroom of perhaps 150 students, and asked to read my speech in English (without the E-J translation department there to help). I looked at the list of keywords carefully prepared by several teachers (who had done a hell of a lot of groundwork for my speeches–with classroom exercises on Japan’s internationalization, their opinions on who qualifies as a Japanese, and Japan’s future), and saw a full small-print page with words that were second-nature to me by now, but challenging to even advanced non-native speakers. Oops. Wound up paraphrasing the hard stuff, throwing in translations for difficult concepts, and finishing my talk early to power the rest of the presentation with Q&A. Anything to keep people from falling asleep. They didn’t. The questions came easily and quickly, and people of all langauge levels seemed to enjoy the conversation about Japan’s future.

But that’s not all. Later on in the afternoon, we were seated in a 500-seat auditorium with our ten translators, all raring to go, dreading the Q&A, but doing just fine on the prepared statements. I had prepared even more Powerpoint visuals in the interim (see the full version at https://www.debito.org/tokai062507.ppt), and we had a grand old time–especially since the hall had actually filled to 600 souls!, containing the crowded tension and interest when jokes come up and the speaker gets a little bombastic with his points.

But the questions were hell for the interpreters. One asked, “What do you think is the definition of ‘country’?” (as in nation–kuni). Another asked if my demand for Japan’s Census to measure for ethnicity was not a form of privacy invasion, even discrimination. Still another asked if I objected to the word “haafu” for international children (going instead for “double”), then how do Nikkei fit in? Having interpreters was lucky for me–their time taken to interpret gave me time to consider my answer, but when my answer go too tough to translate, I wound up giving my full ideas in fast Japanese like SNL’s Subliminal Man–to quite a few laughs. In the end, we had a wonderful time, and an audience, according to the ESP coordinators, more numerous, engaged, and thoughtful about the topic at hand than any other guest speech they had ever hosted.

Much merriment followed that evening over beers with the interpreters (two of them were actually Chinese, with excellent Japanese skills and even higher tolerance for alcohol), so much so I realized I had stayed out too late again and drunk too much. And I hadn’t even started my Powerpoint presentation for my last speech to be given in less than 24 hours. The problem was this time it was entirely in Japanese…

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

Rising even earlier (4AM) on Tuesday, June 26, I set to work. Major publisher Shogakukan in Jinbochou, Tokyo, had invited me as part of their guest lecturer series for raising the awareness of their writers, inviting minorities and interest groups to give their perspectives on the mass media. They asked me to speak on a dream topic–“Language that Japanese don’t notice is discriminatory”–and believe you me I had a lot I’ve wanted to say.

So much so, however, that my Powerpoint slides kept growing and growing. By 9AM I had finished a first draft of 45 slides. On the train back to Tokyo I started getting more ideas, and by the time I camped out for two hours at the Foreign Correspondents’ Club Library, I had put together 51 slides (see them all here at https://www.debito.org/shougakukan062607.ppt), proofreading and checking text animations just once more with 30 minutes to go. Grabbed a sandwich and a cab, sailed into Shogakukan (in my daze I remembered that I had tried to sell them both my novel MS in 1994 (excerpts at https://www.debito.org/publications.html#FICTIONAL), and my children’s comic book two years ago (more on that later sometime)), and with T minus ten I was hooked up and let fly. It was not the first time I’ve finished my Powerpoint presentation less than an hour before I gave it, but it was the first time I’d ever done it without any help from a native speaker. And from what I was told afterwards, the Japanese was just fine.

I won’t get into what I said here, as this essay is long enough, (read the Powerpoint–maybe I’ll get around to translating it some day), but two hours later I was back on the street, having accomplished my goals completely. I headed back to the FCCJ, had a big dinner of comfort food (nachos and fish and chips, washed down with Grolsch), and attended a compelling Book Break by Roland Kelts (http://www.fccj.or.jp/~fccjyod2/node/2272), author of “JAPANAMERICA: How Japanese Pop Culture has invaded the US”, who very articulately spelled out how manga and anime are influencing both American society and international print media. And in passing he described how Pokemon really affects kids, without lapsing into jargon or faffing about with personal impressions. Well done. We exchanged books (or actually, he’ll send me a copy of his later), and someday I might even get around to reviewing it for Debito.org.

Then friend and Amnesty International Group 78 Coordinator Chris Pitts (http://www.aig78.org), gave me a room to crash in in West Tokyo, and we stayed up nursing beverages until the wee hours. I was up this morning at 5AM to beat the morning rush hour and catch my 9:50 flight back to Sapporo. Then I taught a class, writing this up before and after.   I’m going to leave the keyboard now and sleep, thank you very much…

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

Again, I don’t think I’ve been this busy since grad school. Well, okay, once or twice since then. I can see that my daily grind of one paper per day back then was indeed good training. I’ll be down again in Tokyo in late July for yet another speech–if more don’t pop up like dandelions like what happened this trip. Keep you posted.

Returning to my regular blog schedule, I hope. Sorry for the hiatus. Arudou Debito back in Sapporo, Japan
debito@debito.org
https://www.debito.org
UPDATE JULY 27, 2007 ENDS

MOJ Website on fingerprinting/photos at Immigration from Nov 2007 (UPDATED)

mytest

Hi Blog. Lovely bit of Japanicana at the GOJ online TV network. Except that as well as being kinda weird and laughably amusing, it’s deadly serious about targeting foreigners as potential terrorists.

Friend just sent me a link to a new site talking about the new Immigration procedures coming into effect in November 2007, which will involve taking fingerprints and photographing of all “foreign visitors” crossing the border into Japan.

http://nettv.gov-online.go.jp/prg/prg1203.html

This will, however, not be restricted to “foreign visitors”. It will be applied to everyone BUT (quoting the website):

==========================
1. Persons under the age of 16
2. Special status permanent residents
[presumably the Zainichi generational “foreigners”, which means regular-status permanent-resident immigrants are NOT exempt]
3. Those performing actions which would be performed [sic] by those with a status of residence, “diplomat” or “official government business”

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

Which means even people who are long-term residents will get fingerprinting reinstated, despite having it abolished after decades of protest in 1999 (See article with more details at https://www.debito.org/fingerprinting.html)

And this time, if you don’t comply, you can’t take it to court (like Kathy Morikawa and others did). You’re just refused entry at the border.

GOJ’s justification? Prevention of terrorism, and the “safety of foreign visitors”.

The video in English is a hoot too, wheeling out a few token foreigners of color hamming it up, and agreeing to have their privacy violated on suspicion of terrorism.

But the irony here is that all the terrorist activities that have happened so far in Japan (from Aum on down) have been Japanese.

The association of foreigners with terrorism (moreover apparently helping to save them from themselves) is pretty presumptuous.

Why are they doing this? Because they can. If the GOJ were really serious about combatting terrorism, they would fingerprint everybody. But they can’t. They tried this before years ago with widespread protest. Look what happened to the failed Juki-Net system with universal ID cards (it was even ruled unconstitutional in December 2006, see https://www.debito.org/?p=97

The GOJ info site on fingerprinting is at
http://nettv.gov-online.go.jp/prg/prg1203.html

Distressed about this? More on what you can do about it here:
https://www.debito.org/?p=627

REFERENTIAL LINKS:
Trace the arc of this policy proposal as it became law at:

THE ZEIT GIST
Here comes the fear
Antiterrorist law creates legal conundrums for foreign residents
By DEBITO ARUDOU
Column 21 for the Japan Times Community page, MAY 24, 2005
https://www.debito.org/japantimes052405.html

THE NEW “I C YOU” CARDS
LDP proposal to computer chip foreigners has great potential for abuse
By Arudou Debito
Column 26 for the Japan Times Community Page November 22, 2005
https://www.debito.org/japantimes112205.html

Arudou Debito in Sapporo

============================
–UPDATE JULY 2, 2007
MARK MINO-THOMPSON OF THE COMMUNITY ADDS:

I decided to call around to a few places in Japan, specifically to
get the official word on what new immigration procedures will be
happening at airports starting in November. I called the Ministry
of Justice Immigration Division (General Affairs), Narita
Immigration and Japan’s Foreigner(?) Human Rights Bureau.

First off, not that I expected much from Houmushou, but I was able
to get the person answering the phone to confirm that all
foreigners, except Zainichi and government staff on offical business
will be photographed and printed each time they enter and exit
Japan. When I suggested that this procedure could be seen as
invasive to long-term visa holders and permanent residents (who have
already gone through an extensive vetting process by immigration) he
simply restated that all foreign guests would have to submit their
biometric data. Of course, I do understand that front-line
government staff have no power to comment on laws nor to change
them. I thanked him for his info and asked that please pass on my
concerns to his superiors.

Narita Immigration also confirmed the same information, although
they were slightly more sympathetic in tone of voice. I asked them
what the procedure would be for international families entering
Japan. Would they be forced to separate into foreigner and Japanese
lines at immigration or would they be able to enter together as is
currently. The woman explained to me that situations like this are
being debated within the department, but as far as the plan goes for
now, she believes that all foreigners will have to use the “foreign
national” line. She did add that front-line staff at Narita are
hoping to have one or more booths on the “Japanese National” side be
able to handle reentry permit holders. I also asked her a
hypothetical question about what were to happen if a permanent
resident visa holder with a valid re-entry permit were to refuse to
get printed and photographed. “They would be denied entry into
Japan.” she said.

Finally, after being given the number from the woman at Nartia
Immigration, I called a number of an organization dealing with human
rights for foreigners in japan. I spoke to a nice woman who was
well aware of the upcoming regulations. I asked her whether the
organization felt this legislation was a violation of human rights,
and if so, would they be writing some sort of report to the
government. She said that they really can’t make a statement about
something being a human rights violation until AFTER it has been put
into place. In other words, they’re adopting a wait-and-see
approach. She further added that if there comes a time in which
they feel these new procedures ARE infringing in foreigners human
rights, they will consider writing a report to that fact to the
Ministry of Justice. (although, by then millions of foreigners will
have their biometric data collected and stored on some huge, on-line
database that other government agencies will have access to).

Well, that’s where it stands at the moment. Any chance that we can
get the media to talk about this again before November? It seemed
from articles months ago and several Ministries were surprised and
concerned that this new policy was blanketing the entire non-
Zainichi foreign population. Perhaps there’s still hope for getting
this revised?

Mark Mino-Thompson

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

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

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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

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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

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.

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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

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)
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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

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)

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

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

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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

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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

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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/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

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

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

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

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

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:

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

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.”

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

For more stories related to the Lucie Blackman case on the Japan Times, click here

Arudou Debito in Musashisakai, Tokyo

Gyaku Website: Accenture, JAPAN-VISIT, future Immig surveillance of NJ

mytest

Hello Blog. Got something very interesting to impart. In a new website entitled GYAKU, which offers in-depth reportage about lesser-known stories, we have the eye-opening story about the future of electronic surveillance of foreigners entering Japan.

I have reported in the past about how Japan’s new Immigration powers will now reinstate fingerprinting for all foreigners who cross Japan’s borders:

Mainichi Daily News, Dec 5, 2004: “Japan seeks foreigners’ fingerprints, photos, lists to fight terror”
https://www.debito.org/mainichi120504.html

Japan Times May 24, 2005: “Here comes the fear: Antiterrorist law creates legal conundrums for foreign residents”
https://www.debito.org/japantimes052405.html

Japan Times November 22, 2005: “THE NEW “I C YOU” CARDS: LDP proposal to computer chip foreigners has great potential for abuse”
https://www.debito.org/japantimes112205.html

Even though Japan’s NJ residents have fought long and hard (and successfully, until the police took advantage of the fear of terrorism) to end fingerprinting as part of Immigration procedure.
https://www.debito.org/fingerprinting.html

So here’s how it’s playing out. According to GYAKU, company without a country (which to some constitutes a security risk in itself) ACCENTURE (which created the digital mug-shot and fingerprint scans seen at US Immigration nowadays) has not only acted as consultant to Japan’s upcoming version, but also has been awarded the contract to develop Japan’s system for a song. This means that Japan becomes the second country to institute one of these systems in the world, in a bid to get a toehold in Asia and profit from the fear of terrorism.

The issues involved, the political backrooming, and links to all the necessary documents to make the case for concern are available at
http://gyaku.jp/en/index.php?cmd=contentview&pid=000188

Here’s an excerpt from the article. Debito in Sapporo

======================================
Accenture, JAPAN-VISIT, and the mystery of the 100,000 yen bid
Tuesday, April 17, 2007
By gyaku (http://gyaku.jp/en/)

The story first came to light nearly one year ago, on April 21, 2006, during questioning at the House of Representatives Committee on Judicial Affairs in the Japanese National Diet. Hosaka Nobuto of the Japan Social Democratic Party, a former journalist active in educational issues and one of the leaders in the fight against wiretapping laws in Japan, launched a barrage of questions at government officials over revelations that a contract for a new biometric immigration system had been awarded to Accenture Japan Ltd., a corporation previously hired in the role of “advisor” for the same project. For many years a thorn in the side of the ruling party coalition, Hosaka in 2000 was ranked by the Japanese newspaper Asahi shimbun as the most active member of the House of Representatives, with a record 215 questions, a number that rose to over 400 by 2006 [1]. The questions Hosaka put to the government on April 21st were undoubtedly some of the most important of his career, and yet, now nearly a year later, the story that he fought hard to publicize has barely made a ripple in the Japanese media, and remains virtually unknown to the outside world.

The background to the story reads as follows: Accenture Japan Ltd., the Japanese branch of the consulting firm Accenture, active in the Japanese market as far back as 1962 but only incorporated in Japan in 1995, received in May 2004 a contract to draft a report investigating possibilities for reforming the legacy information system currently in use at the Japanese Immigration Bureau. The investigation was requested in the context of government plans, only later made public, to re-implement and modernize a certification system to fingerprint and photograph every foreigner over the age of 18 entering the country, replacing an earlier fingerprinting system abandoned in the year 2000 over privacy concerns after prolonged resistance from immigrant communities.

Earlier the same year, against the backdrop of a post-9/11 society anxious about the threat of vaguely-defined dark-skinned “terrorists”, the U.S. had begun taking fingerprints of foreigners with visas entering the U.S. at international airports and other major ports. A program entitled US-VISIT (Visitor and Immigrant Status Information Technology) was initiated in July of 2003 with the intention to secure nearly 7000 miles of borders along Mexico and Canada, including more than 300 land, air and sea ports [2]. Described as “the centerpiece of the United States government’s efforts to transform our nation’s border management and immigration systems”, planners envisioned “a continuum of biometrically-enhanced security measures that begins outside U.S. borders and continues through a visitor’s arrival in and departure from the United States” [3].

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EXCERPT ENDS

Read the rest of the article at:

http://gyaku.jp/en/index.php?cmd=contentview&pid=000188
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