My SNA col 48: “Visible Minorities: Citizenship and Authoritarian Racism”, on how conservative movements worldwide are using racist “real citizens” tropes to reserve power for themselves and create minoritarian governments (Aug 22, 2023)

mytest

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Visible Minorities: Citizenship and Authoritarian Racism
Shingetsu News Agency, August 21, 2023 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2023/08/21/visible-minorities-citizenship-and-authoritarian-racism/

Subtitle: Authoritarians are once again trying to racialize citizenship. In Asia, that’s quite normal. The problem is that conservative movements worldwide are similarly trying to shore up their dwindling popularity by undemocratically disenfranchising the very immigrants they had once invited over.

SNA (Tokyo) — News Item: On August 1, 2023, Dr. Mahathir bin Mohamad, former prime minister of Malaysia, tweeted his thoughts on multiracial immigration: “It is normal for migrants wishing to become citizens of any country to identify themselves linguistically and culturally with the definitive people of their adopted country. They would break off and reject their links with their countries of origin. Certainly, the children and grandchildren of the new citizens would have forgotten their previous languages and culture.”

https://twitter.com/chedetofficial/status/1686205569806536704

This tweet from a world opinion leader isn’t just wrong-headed, it’s dangerous.

Not only is it trying to disenfranchise entire peoples through racialized attitudes towards citizenship, it’s actually threatening democracy itself.

Can’t see it? You’re not alone. The lack of public outcry is part of the problem. I put this down to a world largely untrained in civics. Racialized attitudes towards immigration and citizenship are normal in Asia, and conservatives worldwide are trying to popularize them in their own societies too. Citizenship is the gateway to political enfranchisement in society, and messing with it means reviving old racist policies all over again.

Let me explain from the perspective of a political scientist.

First, it’s surprisingly difficult to get people to see Dr. Mahathir’s tweet for what it is: racist hate speech.

It would be nice if people could see the long-term implications of this proposal without a long, elaborate explanation. But many people dismiss political science as a science at all, one that develops a skill set and a trained eye. Instead, they throw up their hands and see any political opinion as fair dinkum, or too complicated to deal with due to freedom of speech. That blinds them to the fact that Dr. Mahathir is floating a policy trial balloon to willfully exclude people.

Consider the practical application of this proposal: newcomer residents (and their Visible Minority children) must prove their loyalty to a country by giving up the multicultural and multiethnic sides of themselves.

This isn’t just a dick move by some politician taking political pot shots by saying, “You come here, you speak our language.” When Dr. Mahathir demands people become “full Malay” (with arbitrary goalposts determined, naturally, by Malays), that’s a pretty convenient way to keep all the power in the family.

Then we get to the historical revisionism…

Rest of the article at
https://shingetsunewsagency.com/2023/08/21/visible-minorities-citizenship-and-authoritarian-racism/

======================
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Kyodo: “Japanese population falls in all 47 prefectures for first time”. Actually, untrue, even according to the article itself. Once again, Japan’s exclusionary population tallies are only for “Japanese nationals”, not all people living in Japan

mytest

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Hi Blog.  One thing keeping me from commenting more frequently is the pressure I put on myself to write an essay before getting to the news article in question.  I’m going to do less of that in future; just briefly commenting and then getting to the article/issue in question.

The point of this post is to demonstrate some more Embedded Racism that is normalized in Japan’s media and public policy. In its official population tallies, Japan will only count “Japanese nationals” as actual people living in Japan.  Foreigners are mentioned in the Kyodo News article below, yes, but look how things are worded in it.  I’ve underlined the questionable bits.

Again, this is normal in Japan’s population tallies, even after more than 10 years since the local registry reforms began including foreign residents on its juuminhyou Registry Certificates.  It’s a highly questionable practice in terms of accurate demographics and social science, not to mention disrespectful of all the contributions foreign residents make.

Debito.org says that anyone registered as a resident in Japan should get counted as a part of the population of Japan.  No walls or caveats.  Little reforms like these can start now to normalize no distinctions and cost no tax money.  It’s just a matter of considering NJ as fellow human beings living lives in Japan like everyone else.  Debito Arudou, Ph.D.

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

Japanese population falls in all 47 prefectures for first time

The population of Japanese nationals fell 801,000 in 2022 from a year earlier to 122,423,038, marking the largest drop since the survey began in 1968, government data showed Wednesday.

Japan Times/Kyodo News, July 26, 2023

https://www.japantimes.co.jp/news/2023/07/26/national/japan-population-fall/

The population of Japanese nationals fell 801,000 in 2022 from a year earlier to 122,423,038, marking the largest drop since the survey began in 1968, government data showed Wednesday. | BLOOMBERG
KYODO

The population of Japanese nationals fell 801,000 in 2022 from a year earlier to 122,423,038, marking the largest drop and the first time all 47 prefectures have seen a decline since the survey began in 1968, government data showed Wednesday.

As of Jan. 1, 2023, Japan’s population, including foreign residents, stood at 125,416,877, down around 511,000 from a year earlier, according to a demographics survey by the Ministry of Internal Affairs and Communications.

The trend indicates an urgent need for Japan to develop measures to address the declining birthrate and improve employment opportunities for youth and women in regional areas. [NB:  Not immigration.]

While Prime Minister Fumio Kishida has called for implementing “unprecedented” measures to boost the birthrate in a last-ditch effort to arrest population decline by 2030, doubts persist about whether such initiatives, which are mostly extensions of existing policies, will be effective.

Japanese nationals declined for the 14th consecutive year in 2022, with a record low of 772,000 births in Japan significantly exceeded by a record high 1.57 million deaths.

Nationals working or studying abroad accounted for a decline of around 7,000 of the population.

The number of Japanese nationals in Okinawa, which had been an outlier the previous year, shrank for first time since comparable data was made available in 1973, the data showed.

The foreign population rose for the first time in three years by around 289,000 to 2,993,839 in the reporting year, as the relaxation of strict COVID-19 border controls facilitated the return of international students and technical interns. [NB: Temporary people, not residents.]

The National Institute of Population and Social Security Research estimates that foreign nationals will make up 10% of the population by 2070, with some local governments already engaged in efforts to attract professional talent from Asia.

By prefecture, only Tokyo saw an overall population increase due to the high influx of foreigners to the capital, while Akita Prefecture saw the largest population decrease at 1.65%.

[Note original Kyodo headline saying all prefecture populations fell.  Again, foreigners don’t count.]

Among municipalities, 92.4% saw a decrease in the population of Japanese nationals, while 7.6% experienced an increase.

Those age 14 and under accounted for 11.82% of the Japanese population, falling by 0.18 percentage point from the previous year, while people age 65 and over increased by 0.15 point to 29.15%.

The working population, or people between 15 and 64, rose by 0.03 point to 59.03% of the overall population.

ENDS
======================
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My SNA Visible Minorities column 47: “The Reverse Culture Shock of Leaving Japan” (July 25, 2023), with some pointers on how to resettle and reassimilate overseas despite all the things you might miss about Japan

mytest

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The Reverse Culture Shock of Leaving Japan

Caption: It’s tough to leave Japan when there’s so much to like and miss. But there’s also things to like and miss elsewhere, so it’s a matter of being self-aware about what you like.

By Debito Arudou.  Shingetsu News Agency, July 25, 2023.

https://shingetsunewsagency.com/2023/07/24/reverse-culture-shock-of-leaving-japan/.

SNA Editor Michael Penn is now doing SNA from the United States. Inspired by his big move, my previous column was about my leaving Japan in middle age, where I suggested readers decide whether or not to be a lifer in Japan by age 40. Accordingly, this column will talk about establishing a new life outside Japan.

I’ll open with a big caveat: These are my thoughts as a White guy born in America who spent a quarter century in Japan, half of it as a naturalized Japanese citizen, who eventually moved back. Readers returning to a different country of birth, or moving to a different third country altogether, may of course have different experiences. In my personal and anecdotal observations below, I’ll try to generalize enough for everyone but ground them in culturally specific examples. Keep the appropriate pinches of salt handy.

SOFT LANDINGS?

The biggest culture shock I felt after Japan was right after I arrived overseas. In the United States, for example, many big airport hubs are dirty, run-down, and relatively unpredictable compared to their Japanese counterparts. The waiting areas in particular feel like bus stations. Facilities are sometimes ill-maintained, instructions to your connecting flights or ground transit often monolingual and poorly signposted, ground staff often inattentive and inaccessible, and the food… well, it’s “airport food,” enough said. I quickly missed Japan’s clean, efficient, and plentiful public transportation that follows a schedule, and the restaurant fare that actually looks like the picture on the menu.

My theory is that Japan does travel hubs better because its international reputation is at stake. You can’t let the Gaijin tourists go home with a sour image of us! So signs are multilingual, maps are clear, and ground staff at least take pains to wave you in the right direction. In contrast, the US government seems relatively indifferent to tourists: “You’re obviously here because we are #1 and do things better than anybody—so no need to try harder to impress you.”

This initial culture shock starts fading once you’ve had a good night sleep and enjoy a few familiar things: Larger hotel rooms. Comfort foods like a thick steak with A1 Sauce or a spiral-cut ham hock. An apple pie that actually has more than one apple in it. Supermarkets full of cereals, dozens of flavors of canned soups, bulk goods, and cheap rice and vegetables. News media that is an absorbing read not just because it’s in your native language, but because the topics are interesting! Procuring a car so you can merge into society like everyone else.

But things will still grate for awhile: Being forced to tip. Dirty public restrooms that seem to be the norm, not the exception. Bureaucrats who seem to have little personal dedication to a job well done. Political discourse more concerned with riling you up than with solving problems. The din of people on cellphones or kids having public meltdowns that you can’t shut out because they’re speaking in your native tongue. And the biggest worry: Getting sick or injured and having to deal with American healthcare! It’s worse with family in tow, listening to their grumbles about future uncertainties and cultural differences and feeling helpless to offer quick fixes. During this purgatory period of constant irritability, the grass will always seem greener elsewhere.

THINGS SETTLE DOWN AS YOU SETTLE DOWN

It takes months, but resettlement will happen. Things that you miss about Japan eventually get overwritten by routines you establish as things feel more like home…

Rest at SNA at

https://shingetsunewsagency.com/2023/07/24/reverse-culture-shock-of-leaving-japan/

======================
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My SNA Visible Minorities 46: “Visible Minorities: Departing Japan at Middle Age” (May 15, 2023)

mytest

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Hi Blog. My latest column offers a frank assessment of living your life out in Japan as an immigrant. It of course can be done, but most of you will find that even after decades swimming against the current in terms of legal status and social acceptance, you will get no commensurate reward after all your efforts.  In fact, I found that life opportunities dwindle as you age in Japan, and you get locked into a dreary, impoverished lifestyle like most other elderly here. If you think you can avoid this situation, power to you, but I suggest you make your decision to stay permanently or not by age 40.  Good luck.  Debito Arudou, Ph.D.

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

Visible Minorities: Departing Japan at Middle Age
MAY 15, 2023 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2023/05/15/visible-minorities-departing-japan-at-middle-age/

SNA (Tokyo) — As you have probably have heard, SNA President Michael Penn will be moving his operations overseas. He’s leaving Japan. At his age, that’s probably a good idea. I speak from experience.

I came to Japan during the “Bubble Years” of the 1980s, when Japan was ascendant upon the world stage and buying everything in sight. Money orgiastically sloshed around the economy.

Finding work was pretty easy. Lots of Japanese companies were trying to “internationalize” by hiring token foreign staff who were looking for an international experience. Or, if being a corporate drone wasn’t your thing, you could teach English for about US$100 an hour. It was one great big party. I came over, fell in love with the language and a girl, and decided to make a go of it here.

It was a pretty good go. I lived in Japan for 24 years, married and had kids, became tenured faculty at a university, bought land, built a house, and learned the language and culture well enough to write books in Japanese and take out Japanese citizenship. In terms of trying to assimilate into Japan, I don’t think there’s a lot more I could have done. I was an ideal immigrant.

But then, like Michael, I too left Japan. That’s both a pity and, in my case, an inevitability.

Japan should be trying harder to keep people like us. It really doesn’t. The longer you’re in Japan, the more your opportunities dwindle.

Opportunities Denied

Let’s first talk about the natural obstacles to people staying on, starting with how difficult it is to keep a visa.

Unless you marry (and stay married to) a Japanese, it’s quite difficult for foreigners to control their own professional lives in Japan. Becoming a salaryman is one thing, where you can work until you drop, but promotion is tougher for foreigners, and they are the first ones laid off in any economic downturn. Moreover, the types of jobs you can take are mostly “foreigner” jobs in certain industries.

So how about starting your own business in Japan? It can happen, and there are a few successful entrepreneurs. But I’ve seen many, many more failures. Some were dragged down by onerous requirements such as expensive shareholder investment and being forced to hire Japanese staff. Others got tripped up either by mandarin rigmarole that is designed more for the bureaucrats’ convenience than yours, or by pedantic officials who are out to get you, finding any mistake in your paperwork so they can reflexively revert to the “culture of no.”

You’re better off establishing a headquarters overseas and setting up a branch in Japan than registering a company in Japan proper. But if you do that, suspicion is triggered in the Immigration Bureau and you face even more visa rigmarole.

That’s all before we get to how Japan has toughened up its visa requirements over the years.

Compared to when I first arrived, it’s harder to graduate from a three-month visa to a one-year; and so is getting a three-year and Permanent Residency, especially for people of color or from developing countries. The assumption is that people from poor countries are only in Japan for the money, not to positively contribute to Japanese society as a resident and taxpayer like everyone else.

In any case, the mandarins’ overall attitude is that foreigners must prove themselves worthy of the honor of staying in Japan. Japan’s graveyard of defunct visa statuses, discontinued because they had qualifications so ludicrous that few people applied, reflects that.

The clearest indication that Japan really doesn’t want us to stay is the lack of an official immigration policy, an official Ministry of Immigration, or other governmental organs at the national level to help foreigners become Japanese. Politicians have repeatedly said that they want foreigners to come work for awhile but not stay on. Take them at their word.

Nevertheless, You Persisted

But let’s say you have satisfied all these requirements and gained Permanent Residency or even Japanese citizenship. What do you get for after all that effort? Not enough.

You start realizing this when you hit middle age in Japan. Around 40 I could see where I had been and where I was heading, and it looked pretty bleak.

This is because I was seeing how old people actually lived in Japan. Yes, there are great networks for them to be active both physically and mentally, including mountain climbing, gateball, mahjong, or go boardgames. Japan’s medical system is very good, especially compared to, for example, the hellscape that is US healthcare. Of course there’s good food and drink to be had everywhere.

That might be satisfactory if you’re a Japanese old fart. As a foreign old fart, you’re stuck in treadmill conversations with people who have mostly lived for work and often don’t have many interests beyond it. If they are educated, they’ll often see you as a cultural curiosity to be studied, or as a basis of comparison to sharpen their predispositions informed by the “we Japanese” superiority complexes.

If you can psychologically handle a life where your friends are mostly insular and conservative, enjoy. If not, you’re going to be lonely.

Chances are you’re also going to be poor. The average payout for the Japanese pension, according to Reuters in 2019, is about 150,000 yen per month. That might cover rent and leave enough for a comfortable lifestyle in many of Japan’s dying countryside towns, but not in the major cities.

This should not have come as any surprise. Even during the Bubble Years Japan’s elderly were poor, and were being sent overseas to “silver zone” enclaves so their yen could go farther with the exchange rates.

But now that the value of the yen is dropping, that has all slipped away. Forget traveling much, especially overseas, unless you have additional savings or means of your own. It’s highly likely you’ll find yourself stuck in Japan.

This situation will not improve, because Japan has ignored its demographic issues for decades. All the way back in 2000, both the United Nations and the Japanese government agreed that Japan’s aging society would soon become top-heavy with geriatrics with not enough young taxpayers paying into the pension.

The proposed solution–then, as now–was immigration. Foreigners were going to save Japan. But, again, the Japanese government assiduously declined to take us.

Policymakers clung to homogeneous-society narratives and stopgap measures like the exploitative “trainee” visa system, and watched pension contributions per capita dwindle. What is their solution now that the warnings from nearly a quarter-century ago proved accurate? Raise the retirement age to the late 60s and pay out less pension. We’ll probably see Japan’s retirement age raised to 70 before too long.

By the time you want to retire, you’ll get a pittance, or might not be expected to retire at all.

Twilight Years in Japan

Let’s say you’ve done better future planning than the Japanese government did, and you can live your middle and late age comfortably anywhere you wish. Why not spend your later middle age and twilight years in Japan?

Because, as I said above, the longer you’re in Japan the more your opportunities dwindle.

Let’s start with dealing with the inevitable “midlife crisis.” It’s highly likely your current job has become boring or gone sour. Often the younger workers aren’t happy with having a foreign senpai above them, and won’t treat you with the dignity and respect that was required of you when you were lower on the totem pole. Changing a job in Japan is culturally frowned upon. You’ll lose both salary and seniority. You’ll probably have to take what you can get, like everyone else.

Eventually all that’s left is the “make-work” jobs for seniors. Can you imagine wearing a uniform and flagging people past traffic cones? Sure, it’s nice to supplement your income and get out of the house, but it’s probably going to be boring at best, humiliating and a soft target for bullying at worst. Again, people aren’t going to forget that you’re a foreigner.

The fact is that geriatrics in Japan are expected to be impoverished, housebound, and satisfied with monotonous days full of television, drinking, and gateball. Sure, you might have your “forever home,” but you’re expected to die in it. You won’t get much money if you try to resell your house or other equity and expect to live on the proceeds, as only the land is worth anything. You can’t, for example, buy an RV and live the nomadic life of retirees on pensions in Western societies. You can only live like you’re expected to live.

Personally, I couldn’t take this encroaching monotony. Around the time I turned 45, I realized that the main reason I had loved life in Japan was the adventures–the curious and weird things that happened around me daily. But the more familiar I became with Japan, the adventures largely evaporated.

After more than twenty years in Japan, every day became Groundhog Day. I could sleepwalk through most conversations. I had to find diversions to alleviate the boredom; they no longer found me.

The fact is, unless a brick had fallen from the sky and brained me, I could predict what was going to happen from the morning when I woke up to the moment I went to bed. So I decided to leave.

What Happens If You Leave Japan?

Leaving Japan is also made into something difficult. You’re constantly reminded that if you ever depart for good, you’ll lose everything and have to start from zero, especially professionally.

A very sad discovery is that your Japan experiences don’t count for much in other countries, given that now China is the Asian regional power. Even if Japan had retained its luster, there were always people overseas with Japanese roots competing for your Japan-specialist job, and got it by arguing bald-facedly that foreigners can’t know as much as Japanese with “real Japanese blood.” The Japanese Only attitudes you see in Japan’s hiring practices are exported worldwide.

If you have a family in tow, it’s even tougher to leave. They’re especially scared by the Japanese media constantly rattling on about how dangerous life is overseas. If your kids are still in the Japanese school system, they’ll begrudge being uprooted too. They know that if they ever return to Japan, they’ll never be considered “Japanese” enough because they haven’t passed through the Japanese education system.

Coming to Japan was always a carefully baited hook–if you get past all the obstacles, you’ll find yourself trapped in a society where you’re not allowed to truly belong, yet are constantly expected to try.

Yet some people do leave, sometimes permanently, sometimes not.

People like Japan specialists Alex Kerr and Donald Keene regularly split their time between Japan and overseas. Authors Haruki Murakami lives permanently in Honolulu and Marie “spark joy” Kondo lives in Los Angeles.

Even famed Tale of Genji translator Edward G. Seidensticker departed Japan back in 1962, signing off with, “The Japanese are just like other people. They work hard to support their–but no. They are not like other people. They are infinitely more clannish, insular, parochial, and one owes it to one’s sense of self-respect to retain a feeling of outrage at the insularity. To have this sense of outrage go dull is to lose one’s will to communicate and that, I think, is death. So I am going home.”

Eventually Seidensticker went back on these words, living his life on both sides of the Pacific, dying in Tokyo in 2007 at age 86.

I too spend extended periods in Japan and am much happier (and prosperous) by having a foot in two countries. I can pick and choose the best of both societies when I want, and I think I’ve earned that option.

But I had to make a choice: I wouldn’t have been able to do that with Japan as my home base. Having a “totalization agreement” for both my pension systems helps too. I’m having to catch up with my pension contributions in my new tax home, but fortunately the opportunities are here for me to do so.

So if you’re thinking about staying in Japan permanently, I suggest you make the final decision by age 40. After that, you’ll be stuck in a rut in Japan. Then if you change your mind, you’re probably not going to make an easy transition back to your home country, as your friends and family themselves retire and die off. Fair warning.

Godspeed, Michael Penn. May you and SNA prosper more in another society than Japan would let you. ENDS

======================
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My SNA Visible Minorities 45: “Judges Strip Equal Protection from Naturalized Citizens”, on the unjust Aigi Country Club decision (Apr 24, 2023)

mytest

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Hi Blog.  My blog post from yesterday has become a full-blown column at the Shingetsu News Agency. Here’s the opening:

//////////////////////////////////////////
Visible Minorities: Judges Strip Equal Protection from Naturalized Citizens
Shingetsu News Agency, April 24, 2023 by DEBITO ARUDOU in COLUMN

https://shingetsunewsagency.com/2023/04/24/visible-minorities-judges-strip-equal-protection-from-naturalized-citizens/

SNA (Tokyo) — It’s the next stage of evolution in Japan’s variant of racial discrimination: a naturalized Japanese citizen was last year denied membership at a golf course—explicitly for being a former foreigner. He sued. This month a district court in Mie Prefecture ruled that this was not an illegal act of discrimination.

You read that right: not illegal. Follow me down this rabbit hole.

Aigi Country Club in Kani city, Gifu Prefecture, refused a former Zainichi Korean with Japanese citizenship. Their justification, according to the Asahi Shinbun, was that “our club has a quota for foreign nationals and former foreign nationals who have become naturalized Japanese and restricts new memberships. We currently have no vacancies in that quota.”

In court, Aigi Country Club duplicitously denied outright racism by claiming that they refused him for more reasons than foreign roots. It didn’t matter. The judges acknowledged that the plaintiff was refused for being foreign and they still ruled against him. They accepted that this was an instance of discrimination, but it wasn’t enough discrimination.

The judges ruled that a golfing club by design is a “closed and private organization with strong personal ties among its members” and that Article 21 of the Constitution guarantees “freedom of association.” In their reading, private groups are free to decide their membership criteria and, at any rate, playing golf is “not indispensable for social life.”

In sum, it wasn’t an instance of discrimination “beyond socially acceptable limits.”

Really? Let’s parse the legal reasoning and put it in context in terms of the arc of court precedents on racial discrimination in Japan…

[…]

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

The rest of the SNA article is at
https://shingetsunewsagency.com/2023/04/24/visible-minorities-judges-strip-equal-protection-from-naturalized-citizens/

The website substantiating all of this is at
https://www.debito.org/?p=17240

Have a read, and lament for Japan’s future if horrible legal precedents like this are allowed to stand. Debito Arudou, Ph.D.

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Mainichi & Asahi: Naturalized Zainichi Korean-Japanese sues “Japanese Members Only” Aigi Country Club; court rules denial of golf membership explicitly for being a former foreigner NOT illegal

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HI Blog.  In a stunning decision, a Japanese court in Mie Prefecture has ruled that a foreigner… excuse me, a JAPANESE CITIZEN who naturalized from being a Zainichi Korean, may be denied membership to a golf course that limits its membership to “Japanese Only”.  Including people who are legally Japanese. Including former Zainichi Korean Permanent Residents who have been in Japan for generations.

(NB:  This blog entry became a full-blown SNA column on May 24, 2023.  Read it here.  Evidence for claims in the article, however, is below in this website.)

For the record, this is Aigi Country Club in Gifu Prefecture.
〒509-0238 岐阜県可児市大森1501
TEL 0574-64-1211  (Website here.  Plenty of overseas web presence where you can leave reviews of the golf course here.)  Photo courtesy of the Asahi Shinbun.

Their case, as stated to the Asahi Shinbun below, is,

“Our club has a quota for foreign nationals and former foreign nationals who have become naturalized Japanese and restricts new memberships. We currently have no vacancies in that quota.”

This denies the privileges and equal protections under the law when you get Japanese citizenship. The court even states that Aigi Country Club’s rules were not illegal as its actions did not violate his human rights beyond “socially acceptable limits.”

Ah yes, that old legal argument. That was used in the Otaru Onsens Case to say that racial discrimination did indeed happen, but the illegal activity wasn’t the racial discrimination itself, but rather “discrimination that went beyond socially acceptable limits.” Some discrimination is acceptable, according to the courts. Here, discrimination for having Korean roots is acceptable in a club. After all, according to the Asahi below,

“private entities like the golf club are guaranteed freedom of association under Article 21 of the Constitution. In principle, such private groups are free to decide the terms and conditions of their memberships.” Especially since it’s an “exclusive and private group,” and playing golf is “not indispensable for social life.”

There’s plenty more below, but let me put this in context about how the Japanese judiciary has been slowly whittling away NJ rights:

The Ana Bortz Case of 1998-1999 found that foreigners were protected by the UN CERD against being turned away at private enterprises open to the public (in this case, a jewelry store), and awarded Bortz 2 million yen (at the time, about $15,000).

The Otaru Onsens Case of 1993-2005 found that foreigners (and one naturalized Japanese citizen) were not allowed to be turned away from a private enterprise (in this case, a public bathhouse), and awarded plaintiffs 1 million yen each. But they did not hold that the UN CERD offered protections, and the Japan Supreme Court also ruled that there were no constitutional protections involved.

The Steve McGowan Case of 2004-2006 found NO protections for his denial from a private enterprise (an eyeglass store), and blamed him for not understanding enough Japanese (even though we had him on tape saying he refused McGowan because he “hates black people”. This was overturned on appeal, but by now the court award was whittled down to only 350,000 yen, not enough to cover his legal fees for the initial lawsuit and appeal.

Now, this Aigi Country Club Case ruling says a) there are no protections for foreigners, b) even if they have Japanese citizenship, c) even if everyone admits the discrimination was nationality/ethnicity-based.  It’s not discrimination because golf clubs are designed to be exclusive, by whatever standards they want.  It’s “socially acceptable”.

This is a horrible precedent, and completely undermines the Japanese Government’s position that Japan doesn’t need a law against racial discrimination because we have an active judiciary.  If there’s a problem, sue, and get legal protections.

“Furthermore, in cases where the rights of the people are infringed, the Court can offer them redress. (Article 32 of the Constitution provides that “no person shall be denied the right of access to the courts.”)… The Constitution of Japan stipulates not only guarantee of being equal as Japanese nationals under the law but also guarantee of equality of all rights as Japanese nationals. Therefore, there is no discrimination at all for civil, political, economic and cultural rights under the legal system.”

Nope.  It was a lie all along, and now verifiably so.  Debito Arudou, Ph.D.

(NB:  This blog entry became a full-blown SNA column on May 24, 2023.  Read it here.  Evidence for claims in the article, however, is below in this website.)

Referencial articles follow:

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

Golf club’s denial of membership to former foreign citizen not illegal: Japan court
April 20, 2023 (Mainichi Japan), courtesy of MMT and Niklas
https://mainichi.jp/english/articles/20230420/p2a/00m/0na/008000c

TSU — The Yokkaichi branch of the Tsu District Court on April 19 dismissed a lawsuit filed by a man who said he suffered emotional pain after being denied membership at a country club because he is a former foreign national.

The plaintiff, a man in his 40s, sued the private Aigi Country Club in Kani, Gifu Prefecture, for roughly 3.3 million yen (about $24,400) in compensation for emotional distress.

The court ruled that there was nothing illegal about the club refusing to grant the man membership because of his former citizenship. The plaintiff, a resident of the Mie Prefecture city of Kuwana, plans to appeal.

According to the ruling, the man, a former Korean national who acquired Japanese citizenship in 2018, played at the club with an acquaintance in February 2022 and applied for membership. Later, the club rejected his application, saying, “There is no room in the membership quota for foreign nationals, including former foreign nationals, and you cannot join right now.” The man claimed that the club’s response violated Article 14 of Japan’s Constitution, which stipulates equality under the law.

Presiding Judge Tomomichi Masukawa (with Presiding Judge Kan Hibino reading on his behalf) rejected the club’s claim that “being a former foreign national is not the only reason for refusing membership,” and recognized that the refusal was due to the plaintiff’s former Korean nationality.

However, the judge pointed out that the club is a “closed and private organization with strong personal ties among its members,” as membership requires a referral from two regular members and approval by the board of directors. He concluded that “the degree of infringement on the right to equality cannot be considered to exceed socially acceptable limits in light of the purpose of the Constitution.”

In response, the plaintiff’s attorney Junji Oichi said, “It is very regrettable. It goes against the times.” The man said, “I cannot agree with this at all. Is it acceptable to suffer mental anguish from discrimination if it is within a private organization?”

(Japanese original by Taeko Terahara, Tsu Bureau)

元外国籍で入会拒否、違法性なし ゴルフ会員権訴訟 津地裁支部
毎日新聞 2023/4/19 18:15
https://mainichi.jp/articles/20230419/k00/00m/040/227000c

元外国籍であることを理由に入会を断られ精神的苦痛を受けたなどとして、三重県桑名市の40代男性が愛岐カントリークラブ(岐阜県可児市)に対し、慰謝料など約330万円の損害賠償を求めた訴訟で、津地裁四日市支部は19日、男性の請求を棄却した。私的団体であるゴルフクラブが元外国籍であることを理由に入会を拒否することに違法性はないと判断した。男性は控訴する方針。

判決によると、元韓国籍で2018年に日本国籍を取得した男性は22年2月、知人と同クラブでプレーし、入会を申し込んだ。その後、クラブ側から「元外国籍を含む外国籍の会員の枠に空きがないためすぐに入会することはできない」として入会を断られた。男性は「法の下の平等」を定めた憲法14条に抵触する、などと主張していた。

判決理由で升川智道裁判長(日比野幹裁判長代読)は、「元外国籍であることが入会拒否の唯一の理由ではない」というクラブ側の主張を退け、入会拒否は元外国籍であることが理由だと認めた。一方で、クラブは会員となるために正会員2人の紹介と理事会の承認を得る必要があるなど「会員同士の人的つながりが強い閉鎖的かつ私的な団体」だと指摘。「平等の権利への侵害の程度は憲法の趣旨に照らし、社会的に許容しうる限界を超えるとは認められない」とした。

原告代理人の尾市淳二弁護士は「非常に残念。時代の流れとも逆行する」と話した。男性は「まったく納得できない。差別を受け精神的苦痛を受けることも私的団体内であれば許されるのか」と述べた。【寺原多恵子】

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

Court sides with golf club that rejected man born Korean
THE ASAHI SHIMBUN
April 20, 2023 at 17:04 JST
https://www.asahi.com/ajw/articles/14889867
Photo/Illutration: The Yokkaichi branch of the Tsu District Court in Yokkaichi, Mie Prefecture (Asahi Shimbun file photo)

YOKKAICHI, Mie Prefecture–A naturalized Japanese citizen expressed outrage after a court rejected his lawsuit against a golf club that refused his membership because he was not born Japanese.

The Yokkaichi branch of the Tsu District Court on April 19 accepted the argument of the plaintiff in his 40s that the Aigi Country Club in Kani, Gifu Prefecture, had denied his membership application because he used to be ethnic Korean.

The court also said there was room to doubt the reasoning behind the club’s membership rules.

But the court ruled against the plaintiff, saying the golf club’s rules were not illegal, and its actions did not violate his human rights beyond “socially acceptable limits.”

“The ruling is out of step with the times,” said a lawyer for the plaintiff, who lives in Kuwana, Mie Prefecture. “The court should have found it unlawful discrimination.”

The plaintiff, who was born to ethnic Korean parents and obtained Japanese citizenship in 2018, filed the lawsuit in April 2022, demanding 3.3 million yen ($24,000) in compensation.

The man, who runs a cleaning business, argued that the golf club violated Article 14 of the Constitution, which guarantees equality to all people under the law.

The court, however, said private entities like the golf club are guaranteed freedom of association under Article 21 of the Constitution. In principle, such private groups are free to decide the terms and conditions of their memberships, the ruling said.

The court also said legal intervention into the internal affairs of a private group is permitted only in exceptional cases when an individual’s rights are violated beyond socially acceptable limits.

It said the golf club is an “exclusive and private group,” and playing golf is “not indispensable for social life.”

The ruling concluded that the disadvantages suffered by the man as a result of being refused membership did not constitute an “exceptional case.”

The plaintiff said he plans to appeal the ruling because he would otherwise continue to be mistreated as a “former foreign citizen.”

A lawyer representing the golf club said they will thoroughly examine the ruling.

(This article was written by Hiroshi Matsubara and Yusuke Saito.)

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

Nationality not the only issue at exclusive golf clubs in Japan
By HWANG CHUL/ Staff Writer
May 10, 2022 at 07:10 JST
Photo/Illutration: The Aigi Country Club in Kani, Gifu Prefecture, seen here on April 14, opened more than half a century ago. (Hwang Chul)
https://www.asahi.com/ajw/articles/14608465

Despite being a naturalized Japanese, a man born to ethnic Korean parents was refused membership to an exclusive golf club in Gifu Prefecture on grounds its quota for non-Japanese was full.

When the fortysomething man, who obtained Japanese citizenship in 2018, sought an explanation, a representative of the Aigi Country Club cited his country of origin.

“Our club has a quota for foreign nationals and former foreign nationals who have become naturalized Japanese and restricts new memberships,” she said in a phone call on Feb. 20. “We currently have no vacancies in that quota.”

When he applied for membership, the man, who lives in Kuwana, Mie Prefecture, and runs a cleaning services company, submitted a copy of an extract of his family register which stated he had South Korean citizenship when he was naturalized.

“If only you could accept (our decision),” a director of the club told him three days later in a phone call the man recorded.

In March, the man sent a written notice to the club through his lawyer, demanding an apology and payment of 3 million yen ($23,500) in compensation, contending its denial of membership constituted “groundless discrimination.”

He also requested the Mie Bar Association to address the infringement of his human rights.

The man had agonized for ages before deciding to take Japanese citizenship.

“Shouldn’t I be switching nationalities, not least for my wife and children, as long as I will go on living in Japan?” he asked himself.

WAY THINGS ARE DONE

The Aigi Country Club, based in Kani, Gifu Prefecture, opened in July 1964, making it the fourth of its kind in the prefecture. It has hosted competitions organized by the Japan Golf Association and was the venue of women’s golf events during the National Sports Festival held in Gifu Prefecture in 2012.

Masakatsu Ito, the club’s managing director, told The Asahi Shimbun that the club, with around 1,500 members, has a combined quota of somewhere below 20 for foreign nationals and former foreign nationals who have obtained Japanese citizenship. He said new members are admitted only when vacancies occur in that category.

“We set those rules as a private golf club,” Ito said. “It is said that the atmosphere slightly changes when there are foreigners around. The decision may have been made in that train of thought. It is not easy to offer a clear answer because the rules were introduced a long time ago.”

When asked why those who have obtained Japanese citizenship are includd in the quota for non-Japanese, he said: “That’s how we’ve been doing things. It is our conventional practice, and I hope it will be understood as such.”

Club officials acknowledged that those rules are not written explicitly in the club’s regulations but have been handed down as internal rules.

HARDLY AN ISOLATED CASE

The Korean Chamber of Commerce & Industry in Japan conducted a survey of 1,794 members-only golf clubs around Japan in 1994 to ascertain nationality clauses in membership requirements.

Of the 821 respondents, 170 golf courses said they had certain restrictions, such as limiting eligibility to Japanese nationals.

KCCI officials said no detailed figures are available on the current situation as a similar survey has not been carried out at least since 2010.

An online search for information on golf club memberships shows that many clubs deny memberships to non-Japanese nationals.

“A good number of golf courses still have nationality clauses, and some even restrict membership for naturalized citizens as well,” a sales official of a Tokyo dealer of memberships told The Asahi Shimbun. “They still retain that exclusive mood.”

“Private clubs handle the matter of membership with their respective criteria,” a JGA official said of the membership restrictions for non-Japanese nationals. “The JGA has never taken a position on the nationality clauses of those clubs or other related matters.”

COURT DECISIONS DIVIDED

In March 1995, the Tokyo District Court ruled on a case concerning a Tokyo golf club operating company that denied membership to an ethnic Korean man on grounds of his nationality. The court found that doing so contravened the spirit of Article 14 of the Constitution, which says all people are equal under the law.

“Golf clubs are deemed to be groups of a certain social nature, partly because golf is a leisure activity broadly practiced in Japan and partly because golf club memberships are circulating in the market,” the decision said in part. “It is difficult to say they have total discretion over how they screen their memberships.”

In a separate lawsuit, the Tokyo District Court in May 2001 rejected the claims of an ethnic Korean plaintiff, saying, “It cannot be said that equality rights are violated beyond socially acceptable limits when a golf club, as a private corporation, restricts its membership requirements on grounds of nationality.”

That decision was upheld by the Tokyo High Court in 2002.

But those “socially acceptable limits” are changing, say some industry insiders.

A law was enacted to deal with hate speech, or instigation of discrimination, against specific ethnic or other groups, and there is a growing awareness about human rights of sexual minorities.

“Golf courses are under pressure to deal with human rights issues, which are not limited to matters of nationality,” the manager of a golf club in the Tokai region said.

He said his club, which has been operating for more than four decades, stopped nationality-based screening of its memberships several years ago.

He cited the example of the Kasumigaseki Country Club in Kawagoe, Saitama Prefecture, which was the venue of golf competitions during the Tokyo Olympics last year.

The International Olympic Committee called on the golf club to rectify its rules that denied full memberships to women, which the IOC said went against the Olympic Charter. The rules were eventually changed.

“Changes in the environment surrounding golf clubs, which were symbolized by that case, will likely go on over the years to come,” the manager said.

“In the United States and elsewhere, golf courses that discriminate against people on the basis of race and gender are finding themselves left out of opportunities to host competitions,” noted Ryusuke Kin, a lawyer with the Tokyo Bar Association.

Kin wrote about the golf club membership issue in “Ethnic Koreans in Japan as seen in lawsuits,” a book compiled and edited by the Lawyers Association of Zainichi Koreans.

“It is problematic that many golf clubs in Japan still have rules that deny memberships to non-Japanese nationals across the board,” he said. “What is more, drawing a line among compatriots on grounds of whether they were non-Japanese in the past amounts to an obvious violation of human rights. The golf world needs to rectify that problem.”

ENDS

======================
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My latest SNA Visible Minorities column 44: “Interview with Jon Heese: Life Lessons from a Naturalized Japanese Politician”, March 20, 2023

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Hi Blog My latest SNA VM column 44, which came out today, is an interview with Jon Heese (pronounced Hayes), a naturalized Canadian-Japanese and elected Tsukuba City Councillor of twelve years. A Caucasian Visible Minority of Japan, Heese has long been advocating that other Non-Japanese Residents naturalize and run for office in Japan like he did.

This interview took me more than a decade to secure, as I first invited Jon to interview back in the early 2010s. This time he contacted ME for the interview, so I felt less guilty about serving up some non-softball questions. Excerpt:

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

Debito Arudou: Hi Jon. Please introduce yourself as you’d like to be seen by your voting and non-voting public.

Jon Heese: Obviously I would like them to see me as a combination of Brad Pitt and Nelson Mandela. But I would be satisfied if they only see me as someone who is doing his best. I’m left of center on social issues and a fiscally conservative social democrat. This means freedom for people to be who they are within the structures of society. Businesses should also be free to function within a social structure. And I underline social. Businesses function within society. They are not entities unto themselves. It is the community that is educating their workers, building their infrastructure, and protecting their property. Businesses need to pay their taxes and stop trying to privatize profits while socializing risks. Fundamentally, governments should be in the business of regulating, not competing with legitimate businesses…

Debito Arudou: Woah, woah, woah. I asked how you wanted us to see you, and you’re starting to give us us your personal philosophy of government. Okay, but I was asking more: “Where are you from, and what do you do?” Let’s back up a sec and get into that.

Jon Heese: Silly me. As a good politician I’ll blame someone else for my misunderstanding. Okay. So, who am I. I’m a small town boy from Wymark, Saskatchewan, Canada, population 175. If you’ve ever seen Dances with Wolves, that’s pretty much what the area looks like. I’m from a family of eleven kids (six adopted). My family moved around a lot due to my father’s career as a Mennonite preacher. I spent about two years as a kid in central Kansas, and after high school I went to Europe for two years to see a bit of the world. I then attended the University of Regina and graduated with a Bachelor of Music Education. In 1991 I landed in Narita looking for one of those sweet English teaching jobs I’d heard so much about. I got a bunch of crap jobs, but they paid the bills. Eventually I ended up in Tsukuba, Ibaraki, a city about 60 kilometers north of Tokyo with a population of about 150,000 at the time. Eventually I understood that students didn’t really want to learn English so much as have an hour of entertainment with one of them movie star types. In the end I lasted about six years in the English biz. By ‘97 I was burned/bummed out and could already see the writing on the wall. The Bubble was bursting. Pay was in decline and finding students was getting harder. Besides which, after six years I had hardly learned any Japanese. I knew I needed to find a job where I would be forced to speak Japanese. I opened a bar and ran that for seven years. Then I opened an import company to supply the many foreign researchers in Tsukuba and rewrite papers for the Japanese researchers. I also did a bunch of acting for TV and movies. Eventually I got into politics at the city level.

Full interview at https://shingetsunewsagency.com/2023/03/20/life-lessons-from-a-naturalized-japanese-politician/

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My SNA column 41: “Celebrating Christmas as a Compromise” (Dec 27, 2022), about what to do when people say you shouldn’t celebrate regular traditions you hold dear because they’re “not Japanese”

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Hi Blog.  Let me say it upfront:  If you’re celebrating December customs such as Christmas, then I hope you had a Merry (and unobstructed) Christmas and a Happy New Year.  If your Christmas was in fact obstructed in some way by people who claim that “Christmas is not Japanese” or “Christmas is something you should outgrow” (as happened to a friend of mine recently), my end-year SNA column is for you:

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

Visible Minorities: Celebrating Christmas as a Compromise

SNA (Tokyo) — A long-term Non-Japanese resident friend, married with a Japanese husband and adult kids, recently told me about a new development in their relationship: Christmas was no longer to be celebrated in their household.

Their children were all grown and didn’t believe in Santa Claus anymore; so no more presents or any big dinner to celebrate the day. They would allow her only a tree.

Why this sudden change of heart? To her surprise, all this time Christmas had been regarded by the family as a nuisance, a cultural imposition on them. Now it was time to grow out of it.

It raises a fundamental issue that someday comes up within any intercultural relationship: How much culture do you give up for the sake of compromise?  

I argue that Japan’s “unique” culture narrative (and therefore its lack of commonality with anything “foreign”, by definition) can often create sudden, long-term culture shocks.  Because people here can see any accommodation of “foreign” culture as an identity sacrifice, a denial of “Japaneseness”, this can kill relationships, and I offer advice on what to do about it.  

Article at https://shingetsunewsagency.com/2022/12/27/visible-minorities-celebrating-christmas-as-a-compromise/

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

Thanks for reading!  Seasons Greetings to all Debito.org Readers and beyond!  Debito Arudou, Ph.D.

======================
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My SNA Column 40: Visible Minorities: “Hard to Root for Japan at Sports Events” (Nov 28, 2022), due to all the nasty and racialized attitudes towards our athletes, and the lack of fair play in general

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Hi Blog.  My latest SNA column was inspired by the World Cup.  Intro:
//////////////////////////////////////////
Visible Minorities: Hard to Root for Japan at Sports Events
By Debito Arudou, Shingetsu News Agency, November 28, 2022

SNA (Tokyo) — First off, bravo the Japan team for its upset victory over Germany in their first match of the 2022 World Cup!

It was a game where the Samurai Blue showed world-class skill against a lackluster team, and didn’t let the nerves of playing a former world champion get the better of them. Of course, they did lose their next game against Costa Rica, but their achievement against Germany stands.

I want to devote this column to why it’s difficult for me to root for Japan teams in general. It’s not an issue of nationality (since I have that). It’s a matter of how Japan as a society approaches international sports; given the racialized obstacles towards “foreign” participants, a lack of fair play, the unrelenting pressure on our athletes, and media attitudes that oscillate between racial superiority and victimhood, we take all the fun out of it…

Thanks for reading!  Debito Arudou, Ph.D.

======================
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My SNA Column 39: Visible Minorities: “Never Forget Japan’s Racist Covid Policies” (Oct 24, 2022), where I ask you to seriously reconsider devoting your life to a place that could revoke your legal status at any time

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Visible Minorities: Never Forget Japan’s Racist Covid Policies
SHINGETSU NEWS AGENCY, OCT 24, 2022 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2022/10/24/visible-minorities-never-forget-japans-racist-covid-policies/

SNA (Tokyo) — This month Japan finally lifted its Covid restrictions and reopened its borders to tourists. Well, whoop-de-doo.

For now, foreigners will no longer suffer entry caps, or go through extra procedures just because they’re foreign, such as being sequestered in foreigner-only floors of hotels with tour-minders so they don’t wander off and contaminate the rest of Japan.

Never mind that Japanese entrants, barely subjected to these strictures put on foreigners, had all this time predictably infected Japan quite freely.

Remember how this whole thing started back in 2020, when cases were found in Yokohama Port aboard a luxury liner called the Diamond Princess? It soon became mired in Japan’s bureaucratic politics, the ship’s patients counted by no country as part of their Covid case total. This was the bellwether for Japan’s future Covid border policies of incompetence and racism…

Rest at https://shingetsunewsagency.com/2022/10/24/visible-minorities-never-forget-japans-racist-covid-policies/

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Debito’s SNA VM37: “Reforming Japan’s Dickensian Foreign Trainee Program,” Aug 22, 2022, and why I remain skeptical that reforms will actually happen

mytest

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Visible Minorities: Reforming Japan’s Dickensian Foreign Trainee Program
August 22, 2022, By Debito Arudou

SNA (Tokyo) — News Item: video footage surfaced in 2020 of a Vietnamese “trainee” being physically abused by Japanese co-workers at a construction company in Okayama Prefecture, resulting in injuries including broken ribs and a broken tooth. Despite a criminal complaint, the Okayama Prefectural Police Prosecutor’s Office declined to prosecute the four Japanese co-workers involved.

Here is the video footage that started it all.

https://www.youtube.com/watch?v=PK1HhnvktOc&t=76s

This Vietnamese trainee is not alone. Despite the strict Covid border controls, currently 280,000 foreigners toil as temporary low-wage workers in Japan’s farms and factories nationwide. Given Japan’s often nasty work environments, which generally combine exploitative work ethics with a normalized bullying culture, this means that more than a quarter of a million foreigners are here and in harm’s way under a system of unfettered abuse…

[…]

Fortunately, there are some stirrings that reforms might happen. Even the conservative Yomiuri Shinbun said in an August 20 editorial that reforming the system is “unavoidable.” Moreover, the government announced last month a full-scale review of the program, intending to “bring this long-standing issue to a historical conclusion.”

I am skeptical these reforms will achieve what is promised, which is basically to resolve the ongoing human rights abuses which have always characterized the trainee system. One reason for my doubts is because…
==================================

Read the rest at https://shingetsunewsagency.com/2022/08/22/visible-minorities-reforming-japans-dickensian-foreign-trainee-program/

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Asahi: Okayama public prosecutors drop co-worker violence claim by Vietnamese “Trainee” despite video evidence. No wonder Japan’s violent bully culture thrives! (UPDATE: Out-of-court settlement was reached)

mytest

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Hi Blog.  Here’s a handy site I just found on Facebook (GoEMON Global) that offers news and translation of interest to Debito.org.  Something of note (with my comment afterwards):

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

OKAYAMA PREFECTURAL PUBLIC PROSECUTORS OFFICE DECIDES TO NOT CHARGE FOUR JAPANESE PEOPLE WITH THE ALLEGED ASSAULT OF A VIETNAMESE TRAINEE TWO YEARS AGO

Courtesy TT and GoEMON (https://goemon-jp.com/)

Two years ago, a 41-year-old male Vietnamese technical trainee was abused by his four Japanese coworkers while working. The act was then discreetly recorded by another Vietnamese trainee, causing a buzz within the public at that time. The result of the case was recently disclosed by the Okayama Prefectural Public Prosecutors Office.

The technical trainee filed a case to the Okayama Prefectural Public Prosecutors Office, claiming that he had been assaulted during the past two years working at the company, in which the four coworkers, all in their 30s, were referred to prosecution on suspicion of causing injuries and other charges. The Prosecutor’s Office, however, announced that the four cannot be prosecuted, due to a lack of information.

The indictments were dropped against two for injury, one for injury and violation of the Violent Acts Punishment Law, and one for violation of the Violent Acts Punishment Law.

Original article:

ベトナム人実習生暴行容疑で書類送検の4人、不起訴に 岡山区検

朝日新聞 2022年8月4日

https://www.asahi.com/articles/ASQ8466HSQ84PPZB012.html

Video evidence:


Courtesy https://www.youtube.com/watch?v=PK1HhnvktOc&t=76s

技能実習生のベトナム人男性(41)が実習先の岡山市の建設会社で2年間にわたって暴行を受けたと訴え、岡山県警が同社の元従業員の男性4人(いずれも30代)を傷害などの疑いで書類送検していた事件で、岡山区検は4日、4人全員を不起訴処分とした。理由は明らかにしていない。
不起訴となったのは傷害容疑の2人と、傷害と暴力行為等処罰法違反容疑の1人、暴力行為等処罰法違反容疑の1人。

訴える(うったえる): Prosecute
暴行(ぼうこう): Abuse
不起訴(ふきそ): Cannot be prosecuted
違反容疑(いはんようぎ): Alledged
傷害(しょうがい): Injury
—————————————
GoEMON is a sharing and community connection platform in Japan. We want to build a community to help foreigners have a better life in Japan by sharing the real experiences of foreigners in Japan.
#GoEMON #News

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

COMMENT FROM DEBITO: “A lack of information”!? [Well, in the original Japanese, it just says, “For reasons left unclear.”] Anyway, watch the video above.  Yet another example (see the McGowan Case for another) of how even when you have photographic or audio evidence of abusive behavior, the laws are only as good as the people enforcing them.  If public prosecutors will not do their job and prosecute, the laws specifically against violent acts mean nothing.

Consider this: How many of you out there have been in a situation where the bullying in Japan escalated from verbal to physical?  Personally, I have, many times.  And it’s no wonder why — as evidenced here, there’s nothing official to stop or hold abusers accountable.  This is despite all the public promises of reform of Japan’s already abusive, exploitative, and deadly “Trainee” system.  In a sense, this poor guy is lucky he didn’t end up laid up in the hospital or worse!  Debito Arudou, PhD

=====

PS:  I got out of my bullying situations by fighting back.  But that usually had mixed results — too many times in Japan the victim gets blamed for either “overreacting”, or for disrupting things by reacting at all.  And it’s one reason why Japan remains a society where bullies dominate.  Because who dares, wins.  D.

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

UPDATE AUGUST 19, 2022:  Other media gave more detail that the case was dropped due to a settlement.  Article follows, translation mine:

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

ベトナム人技能実習生への暴行事件 建設会社の元従業員4人を不起訴に 岡山区検
YahooNews.co.jp, 2022.8.4(木), courtesy of LP
https://news.yahoo.co.jp/articles/faa361ab11a2bc6d7c7c865e7044a2e57d3eb716

岡山市の建設会社で働いていたベトナム人技能実習生に暴行し、けがをさせたとして書類送検されていた元従業員4人を岡山区検察庁は不起訴処分としました。

この事件は2019年秋に来日したベトナム人技能実習生の男性が、職場の岡山市の建設会社で約2年間、日本人従業員から暴行を受け肋骨を折るなどのけがをしたと訴えていたものです。

2022年6月、岡山県警は傷害などの疑いで当時従業員だった4人を書類送検していました。

岡山区検は不起訴処分とした理由について明らかにしていません。

実習生を保護していた労働組合によりますと、建設会社と監理団体から実習生に謝罪がありその後、解決金が支払われ示談が成立したとしています。ENDS
============================

Translation by Debito:

Violence against a Vietnamese Trainee:  Okayama Public Prosecutors decide not to prosecute four former [Japanese] employees at construction company

Yahoo News, August 4, 2022

A case sent to Okayama District Public Prosecutors, where four former [Japanese] employees at an Okayama city construction company were violent towards a Vietnamese Trainee co-worker, causing him injuries, has been dropped from prosecution.

The Vietnamese male Trainee, who had arrived in Japan in the Fall of 2019, reported that over the course of about two years, he had endured violence from Japanese co-workers at an Okayama construction company workplace, including injuries such as broken ribs.

In June 2022, Okayama Police sent the four Japanese workers to prosecutors for injurious damages.  Public Prosecutors did not give a reason why they decided not to prosecute.

According to the labor union protecting the Trainee, there was an apology from the construction company and the administering agency (kanji dantai), with restitution (kessaikin) paid through private settlement.  ENDS

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

FURTHER COMMENT FROM DEBITO:  Well, if the “Trainee” feels that honor has been satisfied through apologies and restitution, so be it.  And according to this article, his abusers seem to have gotten fired.

But let’s consider how this should have proceeded:

  1. The violence shouldn’t have gone on for two years.  There should have been a way to report it to authorities at the first sign of violence, particularly to those authorities who got the “Trainees” here in the first place, and gotten him transferred him out of there immediately.
  2. It shouldn’t have taken the painstaking amount of effort on the part of the victim to make a video and get a labor union involved before authorities sat up and took notice.  Even broken ribs wasn’t enough evidence?  How many months of everyday hell and pain did this poor “Trainee” have to endure?
  3. The workplace should have been screened better as an acceptable workplace, and then monitored afterwards.  This isn’t the first case of foreign “Trainee” or “Researcher” workplace abuse by any stretch.  Abuse, according to the labor unions, is in fact the norm.  According to labor union leader Torii Ippei, companies that are NOT abuse their foreign workers are “very rare” (goku mare).

This case shows just how much, despite calls for reform of the system for decades, things have NOT progressed.  By now, things like this shouldn’t still be happening.  But official negligence is the norm here. Again, good thing the “Trainee” had the video of the savage treatment that resulted in broken ribs and untold mental damage. But he shouldn’t have had to. Debito

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

Even more detail here (excerpt):

ベトナム人技能実習生への暴行で示談成立 建設会社・監理団体が謝罪
西本秀 朝日新聞 2022年5月7日
https://www.asahi.com/articles/ASQ5675PYQ4XPITB003.html

ベトナム国籍の技能実習生の男性(41)が実習先の岡山市の建設会社で2年間にわたって暴行を受けたとし、動画を公表して訴えていた問題で、男性を保護した労働組合・福山ユニオンたんぽぽ(広島県福山市)は、会社や、実習生を仲介した監理団体との間で示談が成立したことを明らかにした。

ユニオンによると、建設会社シックスクリエイトは、暴行があったとし、監理団体の岡山産業技術協同組合は、保護責任を果たせなかったとしてともに男性側に謝罪し、補償金を支払うという。

シックスクリエイトの代理人弁護士は「取材は受けない」とした。監理団体は「示談により問題が円満解決に至った」としつつ、内容は「関係者のプライバシーに関わり、詳細を明らかにすることを差し控えさせていただきます」とコメントした。

国も問題視 計画認定取り消しに
男性は2019年10月に来… rest at https://www.asahi.com/articles/ASQ5675PYQ4XPITB003.html

======================
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Japan Times on neighborhood sento bathhouse restoration activists: Omits history of how Japan’s already-declining public bath industry hurt itself with “Japanese Only” signs

mytest

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Hi Blog. Particularly dear to my heart is the issue of public baths in Japan (onsen and sento), as racist exclusionism is something my friends and I have dealt with for decades (including a successful civil suit in Otaru that went all the way to Japan’s Supreme Court, a couple of books in English and Japanese, and even a doctoral dissertation). Despite all these years of recording their “Japanese Only” signs and activities, already people seem to be trying to forget, or remembering not to remember, how this industry already in decline did itself no favors by being racist.

The most recent example of historical revisionism was in a Japan Times article about “Sento Samaritans”, where it didn’t even mention that past.  The article is excerpted below. I wrote in their Comments Section in reply:

======================
Debito: I applaud the efforts of these movements to keep neighborhood sento open. However, the writer of this article (and perhaps the activists themselves) neglected to mention an important part of history, where public/private baths have refused entry to foreign and foreign-looking residents and customers. If offering this communal experience is “an important channel of communication between neighbors”, then it’s also important to recognize the fact that sometimes sento and onsen have undermined themselves by putting up “Japanese Only” signs, and not recognized “foreigners” as fellow neighbors. Openness to all members of the community should also be part of their slogans.
======================

The JT article is excerpted below.

Also, The Japan Times in general seems to be forgetful of this discriminatory history as an editorial policy, as their archive on recent articles regarding Sento demonstrates. The JT laments the decline of the industry (for example, here) without getting into how some of their decline is their own fault. That’s particularly galling, considering I wrote for the Japan Times for two decades a regular column, in addition to other stringer articles, on this very subject.

Seems The Japan Times doesn’t prioritize this type of issue anymore. So much for reporting “in the public interest”.  This is how history gets unlearned and eventually repeats itself.  Just wait for the next moral panic blamed on “foreigners”, and communal doors to a public service will shut all over again.  Even if if drives the excluder out of business.  Talking about preservation without including this issue is in fact counterproductive for the industry.  Debito Arudou, Ph.D.

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

Sentō Samaritans: The fight to save urban bathhouses
Activists believe bathing for a coin means soaking up culture
The Japan Times, August 6, 2022 (excerpt)
https://www.japantimes.co.jp/life/2022/08/06/general/sento-bathhouse-historians/

Dozens of elderly regulars, families with children and young Tokyoites from all over the city strip, shower off and soak.

This was the scene during a scorching weekend in July at Inari-yu, a rejuvenated sentō (public bathhouse) in Kita Ward’s Takinogawa neighborhood. Together in baths ranging from warm to very hot, bathers admired the bright blues and greens of a recently repainted mural of Mount Fuji over their heads.

Built in 1930, Inari-yu is a rare surviving example of the shrine-like miyazukuri architectural style typical of Tokyo’s prewar bathhouses. The main attraction for visitors, though, was the reopening of the century-old nagaya, a type of Edo Period (1603-1867) rowhouse, adjacent to the sentō. Inari-yu’s staff originally lived in this building, but it had been abandoned for decades — until three years ago, when Sento & Neighborhood, a nonprofit that aims to revive historic bathhouses, started working with Inari-yu’s fifth-generation owners to restore the nagaya.

At the inaugural event, Sento & Neighborhood organized activities such as a lecture by an architectural historian, a community breakfast and a neighborhood walking tour. Next to Inari-yu’s entrance, a market with local food vendors added to the colorful and festive atmosphere.

Unmissable for the attendees, of course, was also a visit to the bathhouse. Stepping out of the heat and into Inari-yu’s cool, soothing interior, bathers shed their clothes and their fatigue in the spacious changing rooms with simple wooden decor overlooking a small, outdoor koi pond.

“Bathhouses are a space where I can ground myself,” says Sam Holden, who first found solace in sentō when he was a graduate student in Tokyo.

Holden, who labels himself an urban activist, is a writer, translator and renovation specialist. He founded Sento & Neighborhood together with four associates in 2020 with the idea of “changing historic bathhouses as little as possible but finding a way for them to become sustainable,” Holden explains, hinting at the financial difficulties that many sentō face…

[History of Sentos redacted]

To Holden, visiting bathhouses means exploring the back alleys that embody a deeper layer of Japan’s urban fabric tucked away from busy and anonymous main streets — and one that has been part of Japanese cities for centuries.

“Across the street from the bathhouse you have the liquor shop where the grandpas gather, the vegetable grocer and tofu shop and all sorts of local eateries,” Holden says. “Preserving a bathhouse means not only preserving that building, but this neighborhood network.”

Read the full article at https://www.japantimes.co.jp/life/2022/08/06/general/sento-bathhouse-historians/

======================
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Migrant Integration Policy Index rates Japan as “Integration Denied”, and “Critically Unfavorable” in terms of Anti-Discrimination measures. And this is for 2019, before Covid shut Japan’s borders.

mytest

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Hi Blog.  Here’s an interesting website called the Migrant Integration Policy Index (MIPEX, www.mipex.eu).  Who are they? According to its website (excerpt, full text here),

The Migrant Integration Policy Index (MIPEX) is a unique tool which measures policies to integrate migrants in countries across six continents, including all EU Member States (including the UK), other European countries (Albania, Iceland, North Macedonia, Moldova, Norway, Serbia, Switzerland, Russia, Turkey and Ukraine), Asian countries (China, India, Indonesia, Israel, Japan, Jordan, Saudi Arabia, South Korea, United Arab Emirates), North American countries (Canada, Mexico and US), South American countries (Argentina, Brazil, Chile), South Africa, and Australia and New Zealand in Oceania.

Policy indicators have been developed to create a rich, multi-dimensional picture of migrants’ opportunities to participate in society. In the fifth edition (MIPEX 2020), we created a core set of indicators that have been updated for the period 2014-2019 (see Methodology). MIPEX now covers the period 2007-2019. The index is a useful tool to evaluate and compare what governments are doing to promote the integration of migrants in all the countries analysed.

The project informs and engages key policy actors about how to use indicators to improve integration governance and policy effectiveness…

Thus it offers comparatives for how proactive countries are with their immigration policies.  It released its rankings for Japan covering the year 2019, in which it concludes (underlined emphases by Debito):

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

Conclusions and recommendations

Japan scores 47/100, slightly below the average MIPEX country (49/100) because Japanese policies still refuse to recognise that Japan is a country of immigration. This denial leads to contradictory policies that create as many obstacles as opportunities for foreign nationals. Japan’s approach to integration is categorised as “Immigration without Integration”. While Japan is a leader far ahead of the other countries in this category, its policies still deny basic rights and equal opportunities to newcomers. Foreign nationals can find some ways to settle long-term in Japan. However, Japanese policies only go halfway to guarantee them equal opportunities, (e.g., on health and education), while also denying them several basic rights, most notably protections from discrimination.

Japan needs to invest more on all the three dimensions, especially to guarantee immigrants with the same basic rights as Japanese citizens. The way that governments treat immigrants strongly influences how well immigrants and the public interact and think of each other. Japan’s current policies encourage the public to see immigrants as subordinates and not their neighbours.

Foreign residents in Japan enjoy relatively favourable access to family reunification, permanent residence and the health system. However, foreign nationals and their children still face major obstacles to education, political participation and non-discrimination. Immigrants’ children receive little targeted support in the education system in Japan, similar to the situation of other countries with low number of migrant pupils. Furthermore, potential victims of ethnic, racial, religious or nationality discrimination have little chance to access justice in Japan. Japan is one of the only MIPEX countries still without a dedicated anti-discrimination law and body. Japan is the among bottom three countries for anti-discrimination policies, together with other ‘immigration without integration’ countries.

Japan’s approach is slightly ahead of poorer Central European countries with equally small and new immigrant populations, but far behind other developed countries, including Korea. In comparison to neighbouring Korea, foreign nationals in Japan face weaker integration policies in the labour market, education, political participation, and anti-discrimination. Besides Korea, Japan’s policies are most similar on MIPEX to Israel and stronger than the other MIPEX Asian countries (China, India and Indonesia).

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

For those who succumb to TL;dr, MIPEX provides solid visuals (https://www.mipex.eu/japan):

COMMENT: It’s as we’ve been saying here on Debito.org for decades:  This is what happens when you are the only developed country without a national law against racial discrimination.  And remember, this is the report as of 2019.  I look forward to seeing the next report, where it takes into account Japan’s racist policy of closed borders (even to lawful and Permanent Residents, for a time) due to Covid.  I strongly doubt Japan’s numbers will improve.  Debito Arudou, Ph.D.

======================
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Tokyo Musashino City fails to get local referenda voting rights for its NJ Residents (Dec 2021). Absorb the arguments of the national-level xenophobic campaign against it.

mytest

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Hi Blog.  Sorry to be getting to this issue so late, but here’s yet another example of a local government, a suburb of Tokyo called Musashino, trying to do what’s right for ALL of its residents (including those without Japanese citizenship) by getting their voice heard by voting in local referenda.

To stress:  These are votes on local, repeat, local referenda (they’re not actually *electing representatives*) — and the results are not even legally binding.  Moreover, according to the Takao source below, 73% of the public supported the move (that is, before the xenophobes and alarmists stepped in on a national level to bully and scare the public).

Witness the typical alarmism behind sharing any political power in Japan.  The tactic is simple:  portray the granting of any voice in governance to non-citizens as a security issue.  The assumption then becomes that enfranchised foreigners will inevitably use their power to hurt Japanese citizens.

(See other examples on Debito.org of local governments trying to help their foreign residents — since the national government refuses to — and their successes and failures here and here.)  

Substantiating articles follow.  Trace the arguments pro and con within and see what I mean.  The article from the right-wing rag Japan Forward is of particular notice, reprinting the right-wing Sankei Shinbun’s blatant xenophobic editorial policies; as always it gives us a distillation of intellectualized racism.  An academic article as counterweight to the Sankei follows that.  A quote of note:

Takao:  “This backlash [to the Musashino policy proposal] highlights the LDP’s intention to allow more foreign workers to stay in Japan — to address labour shortages — while also suppressing their rights to maintain the image of a ‘homogeneous’ nation. The Japan International Cooperation Agency has indicated that Japan will need to quadruple the number of foreign workers to over 6 million by 2040 to sustain economic growth.

“But the civic and political participation of foreign residents in Japan is necessary for the sake of smooth social integration. Despite conservative protests, it is local authorities who are forced to step up, fill the vacuum and cope with the increasing pressure of foreign workers’ needs, which are not well addressed by the national government. Prospects for the further protection of foreign residents’ rights in Japan will hinge on effective policy coordination and leadership at the local level.”

For the record.  Debito Arudou, Ph.D.

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

Musashino’s foreign vote plan squeaks through assembly panel
THE ASAHI SHIMBUN, December 14, 2021
https://www.asahi.com/ajw/articles/14501973

A Musashino city assembly committee on Dec. 13 narrowly approved a proposal to allow short-term foreign residents to vote in local referendums, an issue that has divided this western Tokyo suburb.

The six members of the general affairs committee were evenly split on the plan. The committee chair then cast a ‘yes’ vote to break the tie.

The proposal will be sent to the city assembly’s floor for a vote on Dec. 21.

If approved by the assembly, Musashino will become the third municipality to allow foreign residents listed in a city’s registration system for three straight months to vote in local referendums, following Zushi in Kanagawa Prefecture and Toyonaka in Osaka Prefecture.

The 108-seat public gallery at the assembly chamber was nearly full by the time discussions started just after 10:30 a.m. The talks continued until 8:30 p.m., with a rest break included.

Under the proposal, residents, including foreign nationals, who are at least 18 years old and have been listed in the city’s basic resident registration system for three straight months can vote in local referendums.

The main issue of dispute at the committee was the three-month requirement for foreign residents.

Two committee members belonging to a Liberal Democratic Party group of the city assembly strongly opposed the proposal.

“From a commonsense perspective, it is nonsense to treat people who have lived in Japan for a long time and foreigners who have only stayed in Japan for three months at the same level,” said one of the opposing members, Taro Kikuchi.

Kikuchi also pointed out that the COVID-19 pandemic has limited the opportunities for residents to hear the city’s explanation of the issue.

The proposal “is controversial and has divided the city in half,” he said.

Hidenori Dojo, another opponent, warned that the proposal could give short-term foreign residents a say on national security issues or energy policies in a public referendum.

The city’s public referendum ordinance proposal “is in a broad sense an enfranchisement,” Dojo said.

He explained that his stance is not about “excluding and discriminating against foreigners” but he believes “a distinction is necessary.”

A representative of the city government countered Dojo’s argument.

“It is not appropriate to prohibit a resident’s will to express a certain opinion on a matter even if the city does not have jurisdiction over that matter,” the representative said.

Shori Ochiai, the third opponent of the proposal who belongs to junior coalition partner Komeito, said various opinions were expressed over the issue of granting voting rights to foreigners when the basic autonomy ordinance was established to promote decentralization.

Ochiai said those discussions went nowhere.

He also questioned the timing of Musashino city’s proposal.

He noted that the city started designing institutional arrangements for public referendums after the basic autonomy ordinance took effect in 2020.

“Residents have since struggled in their daily lives during the COVID-19 pandemic. And now, with all this hubbub, many of them are wondering for the first time, ‘What is going on?’”

A city representative acknowledged the need to pass more information about the ordinance to residents.

The three committee members who voted in favor of the proposal included a member of the Constitutional Democratic Party of Japan and a member of the Japanese Communist Party.

They spent much of their time asking the city questions about how it can ease concerns about possible ramifications from granting voting rights to foreign nationals in referendums.

Taro Yabuhara, the CDP member, asked about the processes that Zushi and Toyonaka went through to establish systems that allowed voting by foreign nationals listed in the basic resident registration system for at least three months.

A Musashino representative said both cities did not face exceptional opposition to their plans from residents or assembly members, and the municipalities also did not see a sudden increase in foreign resident numbers.

Some xenophobic groups have argued that Musashino’s ordinance would result in an influx of special-interest foreign nationals seeking a say in Japanese policies.

But a Musashino official said that such an attempt would be unsuccessful “in a city with a high population density.”

Natsuki Sakurai, an independent politician on the committee, said of such criticism: “Residents of foreign nationalities are shared members of the community. I feel uncomfortable with discussions on whether they are suitable for acceptance in this community or not.”

Sakurai also asked Musashino officials if there are any administrative services that are limited to people with Japanese nationality, a requirement for voting in mayoral and city assembly elections.

“There is no distinction by nationality in terms of services,” a city representative said.

Shigeki Hashimoto, the JCP member, said statements made by city assembly members who oppose the proposal as well as certain media “have misled citizens” by saying that the right to vote in public referendums “is practically a right to vote in local elections.”

A city official agreed with Hashimoto, saying, “Public referendums are close to petitions, defined under Article 16 of the Constitution, and this is different from local election voting rights.”

Ultimately, Tatsuya Fukazawa, a CDP member who chairs the committee, voted for the proposal, making it a 4-to-3 win for the city.

The committee also rejected a petition with 5,277 signatures asking that the proposal be scrapped or tabled for further discussions.

Munenori Kaneko, who heads a group that organized the petition, said about 70 percent of the signatories live in Musashino.

The group has argued that granting foreign residents the right to vote could result in the adoption of opinions that are different from those of the electoral constituencies.

“It can lead to a decline in the functions of the city assembly, whose members are elected by residents with Japanese nationality,” the group said.

(This article was written by Keiichiro Inoue and Atsushi Takahashi.) ENDS

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

Tokyo’s Musashino rejects proposal to let foreign residents vote
Kyodo News/Japan Times, Dec 21, 2021
https://www.japantimes.co.jp/news/2021/12/21/national/politics-diplomacy/tokyo-musashino-rejects-foreign-residents-vote/

The municipal assembly of Musashino in Tokyo on Tuesday rejected a proposed ordinance that would have allowed foreign residents to vote in local referendums.

When first submitted, the proposal divided opinions in the assembly of the suburban city with a population of nearly 150,000. It also drew flak online, with critics saying it could be a step toward granting foreign residents the right to vote in national elections.

The city, which has the popular shopping and residential district of Kichijoji, failed to join two cities that have granted voting rights to foreign nationals in referendums without special conditions — Zushi in Kanagawa Prefecture and Toyonaka in Osaka Prefecture.

The proposal was voted down by 14 to 11.

Following the assembly vote on Tuesday, Musashino Mayor Reiko Matsushita said spreading information about the proposal to residents in the city was insufficient, adding that she will listen to citizens’ voices and consider submitting a revised proposal in the future.

The city assembly’s general affairs committee gave the green light to the controversial proposal last week.

Matsushita submitted the proposal to the assembly in November for holding referendums that would have allowed foreign nationals age 18 or above to vote if they have lived in the city for at least three months — the same conditions that would apply to Japanese residents.

“I am aiming to create a city that accepts diversity,” Matsushita said during the committee’s deliberations last week. “Those who have just come to Japan are also part of the community.”

Assembly members with ties to the Constitutional Democratic Party of Japan supported the proposal, while members associated with the Liberal Democratic Party opposed it, with one arguing the plan had been hastily decided.

“Explanations to citizens have been insufficient,” the LDP assembly member said.

Other than the cities of Zushi and Toyonaka, about 40 municipalities in Japan allow foreign nationals to vote in referendums, but with some conditions applied such as having the status of permanent residency. ENDS

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Musashino assembly rejects proposal to let foreigners vote
THE ASAHI SHIMBUN, December 21, 2021
https://www.asahi.com/ajw/articles/14507138

The Musashino municipal assembly in western Tokyo on Dec. 21 rejected the city’s proposal to allow foreign nationals, including short-term residents, to vote in local referendums.

Fourteen assembly members voted against the proposal while 11 were in favor.

The issue has divided the city.

Proponents said the plan would lead to a more diverse society and gives a voice to more people living in the city.

But critics argued that the required period of stay in the city was far too short for the right to vote. They also said information about the proposal had not been effectively distributed to the public.

The proposal said those eligible to vote in public referendums must be 18 years old or older and listed in the city’s basic resident register network system for at least three straight months.

The plan included foreign students and technical trainees.

“I have seriously taken the result of the vote to heart,” Musashino Mayor Reiko Matsushita said at a news conference after her proposal was rejected.

“I have listened to various opinions from the assembly and residents,” she said. “But I have noted that (such an effort) is not enough, and the issue needs more publicity before we can implement a public referendum system.”

Matsushita also addressed criticism of the three-month-stay requirement and indicated that she will submit another proposal after a review.

“There are voices that say certain conditions are needed, such as the length of stay or a permanent resident status,” she said. “I want to think about that together from now on and find a better way.”

In an earlier vote on Dec. 13, the city assembly’s six-member general affairs committee was evenly split on the proposal. The committee chair tipped the scale by voting “yes,” sending the proposal to a full vote from the assembly.

After the city announced the proposal in November, Diet members of the ruling Liberal Democratic Party and others voiced opposition. Some argued that such a plan “will grant quasi-voting rights to foreigners without any careful consideration.”

Xenophobic groups have also rallied in the city’s downtown area and around city hall, using a propaganda vehicle to blare out their opposition.

Supporters of the proposal said of such rallies, “Coercive promotions and extortion-like behavior have been prevalent.”

(This article was written by Keiichiro Inoue and Atsushi Takahashi.) ENDS

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EDITORIAL | Musashino City Council Did the Right Thing in Rejecting Foreigner Voting

Under the now-rejected ordinance, non-Japanese living in the city for only three months could have voted, raising fears of foreign influence on local decisions impacting national security.

December 28, 2021 By Editorial Board, The Sankei Shimbun
https://japan-forward.com/editorial-musashino-city-council-did-the-right-thing-in-rejecting-foreigner-voting/

A draft ordinance that would have allowed voting on local referendums without distinguishing between foreign residents and Japanese nationals was voted down in a plenary session of the Musashino City Council in western Tokyo on December 21, 2021.

The city council has shown good judgment, and we applaud the decision. If the proposed ordinance had been approved, its ripple effect could have spread to other municipalities.

Local referendums have the potential for exerting influence over issues affecting the national interest, such as national security and energy policy. In light of the gravity of the matter, it is only natural that the city council has rejected the draft ordinance. The city government of Musashino, which proposed the ordinance, must take the outcome to heart.

The ordinance would have granted foreign residents, such as students and technical intern trainees, the right to vote in referendums if they have lived in the city for three months or more, and are at least 18 years old. The council’s general affairs committee passed the city government-sponsored ordinance on December 13. Pros and cons of the draft were debated before the proposed ordinance was brought to a vote on December 21, with arguments divided on points such as whether it would “boost diversity” in Musashino, and the “need for certain standards” before voting. The outcome was that the proposed ordinance was rejected by a majority vote.

After the vote, Musashino Mayor Reiko Matsushita stated, “There was a view that the city government had done an inadequate job of informing citizens about the ordinance,” suggesting that she might push for its consideration again. The mayor, however, should abandon any such effort.

Although the mayor insisted that referendums voted on by residents would not be legally binding, the bill explicitly said, “Both the city council and the mayor should respect the result.” If the mayor and council look to the vote for guidance, fears that the referendum could impact the political decision making process would be realized, and non-Japanese would have acquired suffrage.

Fears arose of the city administration and council being swayed by the results of such referendums, impacting political decision making and ending in the foreigners acquiring voting rights.

Seventy-eight municipalities across the country have adopted ordinances on holding local referendums. Of those, 43 have granted voting rights to foreign residents. Unlike Musashino City, however, most have clear stipulations on who can participate in voting, such as limiting eligibility only to non-citizens with permanent resident status.

In its 1995 ruling, the Supreme Court declared that enfranchisement of foreign residents was not permitted under the Constitution. But at the same time the court acknowledged that voting at a local level should be allowed by “those having particularly close relationships with local entities.” The court also set limitations, such as permanent foreign residents of the city.

The Supreme Court decision did not pave the way for voting by foreign nationals, such as students and technical intern trainees who have lived in a city for only three months.

Some pointed out that there have been no particular problems with similar ordinances to the one proposed in Musashino, such as a 2006 ordinance in Zushi, Kanagawa Prefecture. In another case, however, a 1998 referendum in Okinawa Prefecture on the Japan-US Status of Forces Agreement shook national security politics.

Moreover, there can be no guarantee that these ordinances will be non-problematic in the future simply because there have been no major problems so far.

Musashino City should instead place top priority on improving its own efforts to meet the diverse needs of its foreign residents. It could start, for instance, by increasing the number of services which offer access to interpreters. ENDS

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Civic rights for foreign residents sparks backlash in Japan
East Asia Forum, 12 February 2022
By Yasuo Takao, Curtin University
https://www.eastasiaforum.org/2022/02/12/civic-rights-for-foreign-residents-sparks-backlash-in-japan/

The number of foreign residents living in Japan has dramatically increased in the past decade, marking a change for a population traditionally perceived as ‘homogenous’. One local municipality’s debate on civic participation for its foreign residents recently sparked a nation-wide backlash from conservatives and nationalists.

The inflow of foreign residents into Japan increased from 287,100 in 2010 to 592,000 in 2019 — the fourth largest inflow in the OECD. As of October 2021, there were 2.8 million residents of foreign nationality registered in the country.

The debate on how to integrate these new residents into Japanese society is ongoing. By the end of 2021, 42 of Japan’s 1718 municipalities (excluding Tokyo’s Special Wards) had passed public ordinances establishing permanent local referendum systems and granted foreign residents voting rights in them. Zushi in Kanagawa prefecture and Toyonaka in Osaka prefecture even permitted foreign residents to vote without any special ‘period of stay’ conditions.

But in December 2021, the city assembly of Musashino in suburban Tokyo voted against (14 to 11) an ordinance that would have granted foreign residents such voting rights. Progressive Mayor Reiko Matsushita had proposed establishing a permanent local referendum system that would include foreign residents aged 18 or older who had been on the residential register for at least three months. While the referendum results would not be legally binding, the ordinance would require the mayor and the assembly to ‘respect’ them.

In March 2021, Musashino conducted a survey which found 73.2 per cent of respondents agreed that foreign residents should be able to vote in local referendums. Prior to the vote, the city was divided — a backlash from conservative and nationalist politicians and newspapers resulted in street protests against the proposal, while many grassroots community groups were supportive. Voting rights for foreigners had not been an issue in the national lower house election in October 2021, yet Musashino’s proposal gained the attention of the conservative mass media and soon became an issue of national import.

So, how did this whole controversy come about? The issue of non-citizen voting has its roots in the broader policy of local autonomy for Japan’s municipalities.

Ongoing decentralisation in favour of local councils was a key part of public sector reforms in the 1990s, and the Omnibus Law for Local Devolution came into force in 2000. This saw the first local autonomy ordinance (jichi kihon jorei) established in Niseko in 2001, and by 2012 there were 284 such laws — which are known as the ‘constitutions of municipalities’.

The dynamic changed in 2012 when national elections returned the old guard Liberal Democratic Party (LDP) to power. In 2014 the LDP directed its local branches to ‘respond carefully’ to any initiatives for the enactment of basic local autonomy ordinances. In particular, the LDP Policy Affairs Research Council warned some discretionary power of local authorities went ‘too far’ beyond Japan’s constitutional framework. Consequently, the number of new ordinances dropped from 25 in 2014 to one in 2020.

After a basic local autonomy ordinance came into force, municipalities — including Musashino — regularly started making institutional arrangements for inclusive public referendums. Most proposals for the participation of foreign residents in local referendums were based on these laws.

While some local ordinances followed national guidelines released by the Ministry of Internal Affairs and Communications, local authorities also drafted many on their own. The LDP tried to break this momentum by arguing ‘jichi kihon jorei represents a denial of the nation’.

In this political climate, Musashino’s proposal was singled out for attack by conservative groups. A group of LDP nationalist politicians, led by Seiichiro Murakami and Shigeharu Aoyama, warned that foreign residents’ rights to vote in referendums could undermine Japan’s national security as the agenda items for referendums are virtually unlimited. In opposing the city’s proposal, Murakami and Aoyama argued it ‘would lead to easily granting foreign nationals rights equivalent to suffrage’. Subsequently, 14 Musashino council members heeded these conservative attacks and voted against the proposal.

This backlash highlights the LDP’s intention to allow more foreign workers to stay in Japan — to address labour shortages — while also suppressing their rights to maintain the image of a ‘homogeneous’ nation. The Japan International Cooperation Agency has indicated that Japan will need to quadruple the number of foreign workers to over 6 million by 2040 to sustain economic growth.

But the civic and political participation of foreign residents in Japan is necessary for the sake of smooth social integration. Despite conservative protests, it is local authorities who are forced to step up, fill the vacuum and cope with the increasing pressure of foreign workers’ needs, which are not well addressed by the national government. Prospects for the further protection of foreign residents’ rights in Japan will hinge on effective policy coordination and leadership at the local level.

Yasuo Takao is Adjunct Senior Research Fellow at the School of Media, Culture and Creative Arts, Curtin University, Perth. ENDS

More articles and opinion on the subject at https://www.google.com/search?q=musashino+foreigners+voting

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My SNA VM35: “Visible Minorities: Torture and Murder in Japan Detention Centers” (June 20, 2022) including the Sandamali, Suraj, Fernando, Okafor, Ekei etc. Cases.

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Visible Minorities: Torture and Murder in Japan Detention Centers
Shingetsu News Agency, June 20, 2022, by Debito Arudou

https://shingetsunewsagency.com/2022/06/20/visible-minorities-torture-and-murder-in-japan-detention-centers/

SNA (Tokyo) — News Headline: “Prosecutors drop case over death of detained Sri Lankan woman.”

In August 2020, a Sri Lanka national named Ratnayake Liyanage Wishma Sandamali was arrested for overstaying her visa, and detained in a Nagoya Immigration Detention Center. She had arrived in Japan in 2017, but her student visa was cancelled in 2019 because she couldn’t afford tuition fees. While in detention, she opted not to return to Sri Lanka, reportedly due to reduced flights during Covid and an abusive boyfriend back home.

During her seven months in custody, however, Sandamali’s health steadily declined due to a stress-induced stomach condition. According to the Straits Times, Sandamali “was vomiting blood in her final days, and was so weak that she had no control of her arms and legs. The immigration authorities allegedly turned a blind eye to medical expert advice to put her on an intravenous drip or to grant her provisional release to ease her stress. A report by public broadcaster NHK suggested that officials tend to suspect malingering for minor illnesses in their reluctance to grant provisional release.”

That’s a questionable decision, since she had lost 20 kilograms from her small frame over seven months—hard to dismiss as mere “malingering” or “minor illness.” And her decline was not sudden: According to the Asahi Shinbun, she had notified her jailers from mid-January about nausea and lack of appetite. Nineteen days before her death, a urine test indicated she was in a state of starvation. The New York Times noted that in her final days she could ingest little more than water, sugar, or morsels of bread, and could barely make a fist or speak. Yet she was again refused provisional release for hospital treatment.

On March 6, 2021, Sandamali died in her cell, aged 33. An August 2021 postmortem probe by Japan’s Immigration Services Agency ruled that Sandamali had been “mistreated” by the Nagoya Regional Immigration Services Bureau, formally reprimanding the bureau’s director and three other supervisors for not reporting her requests for examination and treatment to an outside doctor.

But overlooked was cruelty of her captors. According to Nikkei Asia, “one immigration officer allegedly mocked Wishma when she was unable to swallow her drink,” and the Mainichi Shinbun reported that other Immigration officers misled a doctor about her condition two days before her death, dismissing her illness as merely “psychosomatic.”

By the time Sandamali’s family received her body, “her skin was wrinkled like an old person, and it was stuck firmly to her bones.” In November 2021, Sandamali’s family lodged a criminal complaint against officials at the Nagoya facility, accusing them of murder through willful negligence.

Unfortunately, as noted above, last week the Nagoya District Public Prosecutor’s Office dropped the Sandamali case, citing an inability to establish criminal liability or even a cause of death, blaming it on “multiple factors.”

Multiple factors indeed. Sandamali’s case is not unprecedented. According to CNN, since 1997 at least 27 foreign detainees have died in Japan’s Immigration detention centers (aka “Gaijin Tanks,” because they detain foreigners only).

The main factor here is the cruel and unusual punishment by public officers, expressly forbidden under Article 36 of the Constitution.

Yet nobody has ever been held criminally liable for foreigner deaths in detention. That’s what makes Japan’s Gaijin Tanks so cruel and unusual.

Let’s consider a few more cases, then talk about the system that killed them…

Read the rest at https://shingetsunewsagency.com/2022/06/20/visible-minorities-torture-and-murder-in-japan-detention-centers/

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Asahi: “Prosecutors drop case over death of detained Sri Lankan woman”, predictably ending Criminal Case brought by the family of Wishma Sandamali, and keeping Japan’s deadly “Gaijin Tanks” unaccountable

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Hi Blog. The Wishma Sandamali Criminal Case has sadly reached a predictable end: Japanese prosecutors have dropped their case against the people in charge of the Immigration “Gaijin Tank” Detention Center that killed her through negligence.

We’ve talked about the Sandamali Case here on Debito.org before, as we have the many other cases of death and destruction in Japan’s cruel Detention Centers. One of the reasons they remain so cruel is that they face no accountability, as seen here.  And prosecutors declining to prosecute those who kill foreigners have been discussed at length in my book Embedded Racism, Chapter 6, “A ‘Chinaman’s Chance’ in Japanese Court” (with 2022 updates of more cases, including Sandamali’s, in the Second Edition).

The Civil Case for damages brought by the Sandamali family is ongoing.  But I am not optimistic about justice being done there either.  Debito Arudou, Ph.D.

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

Prosecutors drop case over death of detained Sri Lankan woman
THE ASAHI SHIMBUN, June 17, 2022, courtesy of lots of people.
https://www.asahi.com/ajw/articles/14647083

Public prosecutors will drop their case against senior officials from the Nagoya Regional Immigration Services Bureau over the death of a Sri Lankan woman at an immigration detention facility, according to sources.

Wishma Sandamali, 33, died in March 2021 at a facility run by the bureau, in a case that sparked widespread outcry over her mistreatment.

The Nagoya District Public Prosecutors Office launched an investigation into whether the senior officials in charge at the time had committed murder or negligence as a guardian resulting in death, responding to criminal complaints against them from Wishma’s family and others.

Sources said the prosecutors office concluded it cannot establish criminal liability in this case following discussions with another prosecution office that is higher in rank.

The decision is expected to be communicated to those who made the criminal complaints, including Wishma’s family members, on June 17 at the earliest.

This will effectively end the investigation into criminal liability of the senior officials.

According to a report compiled by the Immigration Services Agency in August last year, Wishma came to Japan as a student in June 2017.

She was held at the detention facility after being arrested for overstaying her visa in August 2020.

Her health rapidly deteriorated in the facility and she started to complain about loss of appetite and nausea from mid-January 2021.

Her urine test showed that she was in a state of starvation on Feb. 15, 2021, 19 days before her death.

After that, she became even more ill and died on March 6, 2021.

The report admitted that Wishma died of an illness, but also said that “multiple factors might have caused her death and it is difficult to determine which one was the cause.”

Her family members maintain, however, that she would not have died had she received proper medical treatment, such as with an intravenous drip or hospitalization.

In November 2021, they lodged a criminal complaint with the Nagoya District Public Prosecutors Office against the then chief of the bureau, the person who acted as the chief guard at the detention facility on the day of her death, and other officials.

They argued that the officials committed murder thorough willful negligence and did not care if she died.

Earlier, in June 2021, a member of the teaching staff at a university in Nagoya had lodged a criminal complaint with the same district public prosecutors office against the bureau’s officials, alleging their conduct amounted to death through aggravated abandonment.

Wishma’s family members are also seeking around 156 million yen ($1.17 million) in damages from the state and that court case is still ongoing at the Nagoya District Court. ENDS

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MRI on rude and slipshod treatment from Shizuoka hospitals and health care practitioners

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Hi Blog. For all of the positive things about Japan’s near-universal health coverage system, there’s still no accounting for the rude, if not outright exclusionary, treatment that NJ often get from Japan’s health care practitioners. We’ve covered this many times on Debito.org (see several stories here, for example). Here’s another testimonial from a NJ patient I’ll call MRI. Debito Arudou, Ph.D.

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

From: MRI
Subject: Issues with doctors in Shizuoka City
Date: May 6, 2022
To: debito@debito.org

Hello Dr. Arudou, I am another concerned foreigner living here in Japan.

I have been working and living in Shizuoka City for [close to a decade] now. I have not had any serious illnesses other than a mild case of chronic gastritis but in recent years, I know it has become more serious due to my symptoms becoming more severe regardless of the Takecab that I take daily for it. Due to this health issue becoming more serious, I have been needing to visit various clinics and I have been experiencing what I call indirect refusal.

So, I know that in the past, many foreigners were refused medical care due to not having kokumin kenkou hoken but even though I have a valid card, the doctor will always ignore me while I am trying to explain my symptoms and reason for my visit. Both the doctors and staff of various clinics here in Shizuoka City have almost systematically acted cold, uncaring, unresponsive and even downright rude to me.

After this happened the first couple times, I thought it was just that one particular nurse or doctor that was the problem, but after numerous experiences just like this at a number of other clinics, I realized that this is a big problem that needs to be brought to light.

Every time I am waiting in the lobby of a clinic or hospital here in Japan, I have a constant feeling that I am wasting my time and money. I almost always leave a clinic kicking myself because the doctor did indeed do everything they could to avoid helping me.

There have been times where doctors will “do a test” for a couple minutes and then quickly tell me that “I am healthy” and that “there is nothing wrong with me”. When I explain that my symptoms are sometimes terrible, they just laugh it off and tell me that they can prescribe me some medicine. The ineffective “put a band-aid over a shotgun wound” solution it seems.

These experiences have left me completely jaded with regard to the medical care system for foreigners here in Japan. It almost seems as if they couldn’t care less if we become ill and die because we are just foreigners after all. I guess the Hippocratic oath here in Japan only applies if you are of Japanese decent! I find it ironic that the stress of dealing with these doctors in pursuit of treating my health issue is actually causing my health issue to become worse!

My first experience was at Watanabe Clinic (わたなべクリニック) located in Minami-cho just south of Shizuoka Station. When I went to sit down there was a woman that had her handbag sitting on the chair next to me and after I sat down she clutched her handbag and looked at me as if I were some kind of criminal. I merely stated that she doesn’t need to clutch her handbag because I am not a thief. The doctor must have overheard me say this to the woman because he actually wrote down on the referral paper to another doctor that I am “kind of a strange person”. I did not bother reading the referral written in Japanese at the time because I just assumed he wrote a professional referral stating only the facts and the reason why I needed to have an MRI.

Of course, the hospital staff were unusually cold and uncaring toward me and it was a bit confusing during my visit. It wasn’t until I actually read the referral that I realized what he had written down. I was shocked and so was my Japanese girlfriend. She couldn’t understand how a doctor could get away with writing such unprofessional things about someone and not face any trouble for it.

I just experienced another strange occurrence today at a famous gastroenterology clinic here in Shizuoka City called Takano Surgery and Gastroenterology Clinic (高野外科胃腸科医院). This clinic is headed by director Satoshi Takano. Satoshi Takano performed an endoscopy on me 7 years ago and diagnosed me with chronic gastritis. Since then I moved to a different area and I have been receiving my prescription of Takecab from another clinic, which has not been giving me trouble so far since I only go there to pick up refills of my medicine.

So during today’s visit at Takano Surgery and Gastroenterology Clinic, I was trying to explain my worsening symptoms and mentioned that he diagnosed me with chronic gastritis 7 years ago. He looked at the old photos of my endoscopy and said in an irritated tone that I do not have chronic gastritis. Then I presented him a photograph from the endoscopy where he had written that I have gastritis on the backside. Then he let out a sigh and rechecked the photos again and then said that I do have chronic gastritis and that he just did not check all the images closely enough. He didn’t even apologize!

He still had the nerve to act like I was the one being troublesome. He kept trying to rush me and wouldn’t even let me explain my current symptoms. He seemed impatient with me and he kept asking if I want an endoscopy or what and this was before I could even explain my symptoms and get his feedback.

It was busy at the clinic today, but I have experienced doctors and staff rushing me even on days where the clinic was not busy at all. It is as if their mission is to get the foreigner out of the clinic or hospital as quickly as possible without actually seriously addressing their health issues.

So, today I basically paid 1,200yen to have an argument with a xenophobic doctor who was anything but professional.

Another terrible experience was at a clinic here in Shizuoka City called Ohya Hazama Clinic. After I moved to Oya Town, I came to this clinic for an attempt at an endoscopy. Before the endoscopy, I was given anesthetic that was supposed to put me under while he did the procedure. I guess he must not have given me enough because I did not pass out or fall asleep. I remained awake and the staff seemed annoyed by this. They came back into the room with a pillow and a blanket and turned off the light for about 20 minutes and told me to try to fall asleep. Well, I tried but I was unable to do so. Both the doctor and the nurses almost seemed irritated with me. Ridiculous as it sounds, it seems as though they were blaming me not falling asleep from the anesthesia as my fault! The doctor said to me that I can reschedule another day for an endoscopy and I told him that I will do that and left. I never returned there since.

Another wonderful experience I had was at a clinic called Shizuoka ENT Clinic (静岡ENTクリニック). While waiting to be seen by the doctor at this clinic, I noticed how friendly the staff and nurses were with all of the Japanese patients by making eye contact, smiling, answering their questions, thanking them and telling them to take care of themselves.

When it was my turn to go up to the front desk, I received none of the above. All of the staff immediately stopped smiling, they would look down while speaking with me, they seemed annoyed when I asked a couple questions, they seems cold and almost unwilling to even help me. One of them assumed that I couldn’t even speak Japanese and asked me if I could fill out a form and was explaining where I write my name and basic information. The entire experience only lasted a couple minutes but their ignorance and xenophobia was mind blowing.

When I finally had a chance to see the doctor, I explained all this to her. She couldn’t care less of course and just brushed it off. Although this doctor prescribed me the medicine I needed for my sinus infection, the overall experience was so terrible that I will never return there. I feel the same way about these other clinics. I am almost at the point where I feel like I might die of a serious illness such as cancer because none of these doctors seem willing to even look into what is going on in my body. It is a bit ridiculous that as a tax payer here in Japan, I even need to entertain thoughts about returning to my home country just to receive basic health care and visit a doctor that will provide me with proper medical care.

I apologize for the long-winded email, but I read one of your articles and I felt the need to contact you about some of my worst experiences here in Japan. I have even more horror stories than this, but these are the worst of them.
Best Regards, MRI

======================
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Kyodo: Japan-born American files suit against Japan’s dual nationality ban

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Hi Blog.  Here’s another person challenging Japan’s ban on dual nationality.  Her case makes the following circumstances clear:

  1. If you’re born in Japan with Japanese blood, you’re a Japanese citizen.
  2. If you’re born in Japan (or overseas) with Japanese and Non-Japanese blood, with proper registry with the GOJ after birth, you’re a citizen of both countries until age 20.  Then as per the ban on dual nationality, you have to choose one.  But if you choose Japanese citizenship, there is no penalty for those who do not give up their foreign nationality.  As long as the GOJ doesn’t know, and they don’t try too hard to find out.
  3. If you’re born in Japan without Japanese blood, you’re a foreigner unless you naturalize.  But if you naturalize, you must give up your foreign nationalities.  (However, I know at least one naturalized Japanese citizen who did not give up their NJ nationality, and still maintains both unbeknownst to the GOJ.)
  4. If you’re born in Japan (or overseas) with Japanese blood and then move permanently overseas and take another citizenship, and the GOJ finds out about it, you will unilaterally lose your Japanese citizenship, as the article below makes clear.
  5. The wild card:  If you are famous, like Nobel Prize winners or famous elites like Alberto Fujimori, former authoritarian President of Peru.  Then you can get your Japanese citizenship back in an eyeblink.  Again, for purposes of national pride, the rule of law doesn’t apply:  “They’ll claim us if we’re famous.”

Anyway, Japan’s Nationality Law makes things unnecessarily arbitrary, racialized, and complicated, as described in more detail in my book “Embedded Racism“. And it does not pay to be honest.  Let’s take a closer look at the case described in Case 4 above.  Arudou Debito, Ph.D.

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Japan-born American files suit against Japan’s dual nationality ban
KYODO NEWS – Jun 2, 2022, courtesy of EYS
https://english.kyodonews.net/news/2022/06/d25c7dd60667-japan-born-american-files-suit-against-japans-dual-nationality-ban.html

A Japanese-born American said Thursday she has filed a lawsuit with a Japanese court claiming that the country’s nationality law, which bans its citizens from also holding a foreign nationality, violates the Constitution.

Yuri Kondo, 75, who currently lives in Fukuoka in southwestern Japan and filed the lawsuit at the Fukuoka District Court, said at a press conference with her legal team that acquiring U.S. citizenship should not have automatically stripped her of her Japanese one.

Kondo, who was born in Kamakura, Kanagawa Prefecture, moved to the United States in 1971 to attend graduate school and began practicing law in Arizona in 1997.

After becoming a U.S. citizen in 2004, she attempted to renew her Japanese passport in 2017 but her application was rejected. She is currently in Japan on her U.S. passport.

Kondo claims that Article 11 of the nationality law, which stipulates that Japanese citizens automatically lose their nationality upon gaining a foreign nationality, violates the right to pursue happiness and equality as guaranteed by the Constitution.

“Nationality is an important human right, and it is illegal to automatically take it away from someone without their consent,” she said.

The Tokyo District Court in January 2021 rejected a similar lawsuit filed by eight men and women residing in Europe, ruling that Japan’s nationality law is constitutional. The plaintiffs have appealed.  ENDS

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Japan Today expose: How the media failed Japan’s most vulnerable immigrants (Feb 22, 2022)

mytest

(Photo courtesy of Japan Today)

Hi Blog.  Since Japan Today has a history of “expiring” its articles (in addition to some irresponsible journalistic practices) and this one is important enough to warrant public archiving, Debito.org includes its full text below for the record.  As Japan’s xenophobic and extreme border controls continue to treat foreign outsiders like the plague despite some signs of opening (as we have discussed here, here, and here), officialdom treats foreigners it has incarcerated like animals or worse (as we have discussed here).  What follows is some excellent original reporting on yet another death in custody, and the political ramifications that conspired to maintain the deadly status quo.  Debito Arudou, Ph.D.

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Opinions
How the media failed Japan’s most vulnerable immigrants
Japan Today, Feb. 22, 2022, By Dreux Richard, courtesy of JDG
https://japantoday.com/category/features/opinions/how-the-media-failed-japans-immigrants?comment-order=popular
TOKYO
The Ministry of Foreign Affairs is a strange institution. It’s responsible for the way Japan is perceived abroad, and it decides who receives the opportunity to immigrate. But its jurisdiction over the lives of immigrants largely vanishes when they reach Japan. It’s also the most influential agency that does not play a meaningful role in developing the government’s legislative agenda. Senior MoFA officials can only watch in dismay as less prestigious agencies, including some of Japan’s most corrupt, devise legislation that erodes the rights of immigrants and damages Japan’s international reputation.

A proposed overhaul of Japan’s detention system, scuttled in 2021 after the death of detainee Wishma Rathnayake and a resulting wave of protests, was especially unpopular with Japanese diplomats. The Kishida administration has revived it anyway, with parliamentary debate anticipated this summer. Until recently, MoFA relied on the press to guard against legislative aggression toward immigrants, quietly passing sensitive information to reporters who covered the Ministry of Justice, which enforces immigration law.

According to MoFA officials who acted as my sources during the 10 years I covered immigration, their current reluctance to cooperate with journalists is related to the sense, among the agency’s staff, that the media has become “much louder, but much less effective” on issues of immigration.

The officials I spoke with traced this problem to 2019, when a detainee starved to death at a detention center in Nagasaki, following a four-week hunger strike.

The Ministry of Justice cleared the detention center of wrongdoing, issuing a report that contained several defamatory statements about the detainee. He was not, as the ministry’s findings suggested, a hardened criminal or a deadbeat father—not according to court records, not according to his family.

The report went on to claim that it wasn’t possible to return the detainee to Nigeria because he refused to cooperate with the deportation process in January 2019. But the report also documented a meeting in May of 2019 where the detainee begged to be deported. As one MoFA official dryly observed, “May comes after January.”

The death was covered in Japan’s major newspapers, as well as a variety of global outlets. All of them printed the government’s claims without attempting to verify them. Not a single reporter succeeded in confirming the identity of the detainee, a native of southeastern Nigeria who came to Japan 19 years earlier to look for work in the leather tanneries of Hyogo Prefecture. His name was Gerald “Sunny” Okafor.

An important story about the destruction of a family was overlooked. Okafor’s widow, who is deaf, struggled to raise her daughter alone after her husband was detained, pushing her to the brink of psychological collapse. Immigration officials took advantage of her vulnerability, pressuring her to file for divorce and promising—disingenuously—that it would expedite Okafor’s release.

The media also failed to uncover administrative malpractice at the detention center, which led Mr. Okafor to believe that steps were being taken to expedite his return to Nigeria. After learning this wasn’t true, he refused to receive intravenous fluids, precipitating his death. The Nigerian embassy helped the Ministry of Justice cover up these mistakes, leaving a paper trail in Okafor’s immigration file.

The success of this cover-up has undermined the best opportunity to sink the proposed immigration reforms, which were developed in response to Okafor’s death. The reforms are based on the insulting notion that the detention center could have saved Okafor if it had possessed greater powers of coercion—the power to sanction his attorneys, for instance, if they pushed too aggressively for their client’s release.

But the press has helped to turn Okafor’s death into a non-story, by disseminating state propaganda that diminishes the death’s significance, then responding to that propaganda with opinion essays instead of investigations.

“The media approaches the immigration debate as an ideological matter, rather than a test of the integrity of Japan’s institutions,” observed one MoFA official who monitored Mr. Okafor’s case. “That’s not helpful to people in government who are trying to fix the system, because it doesn’t change anybody’s mind. It only inflames existing disagreements.”

If disobeying the instructions of immigration officials becomes a criminal offense, as the government has now proposed, it will be made possible by the collapse of non-partisan relationships between trustworthy elements of Japan’s government and their counterparts in the press.

Mr. Okafor’s body shortly after his death. “Japan never saw what starvation did to that man. It should haunt them,” said Stanley Egbogota, chairman of an Igbo civic association that raised money for Mr. Okafor’s family. Photo: With permission from the family of Gerald Okafor


In an era of journalism where editorial decisions are shaped by web traffic and algorithms, the loss of knowledgeable sources may not strike every media professional as a matter of concern. Reporters didn’t need to speak with anyone who knew Mr. Okafor in order to write about him, or to decide that it was no longer necessary to write about him — even as parliament debated legislation that resulted from his death.

“They got the answers they needed,” Okafor’s widow observed in our most recent correspondence. “And in such a convenient way: from no one, from nowhere.”

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

For six years, Dreux Richard covered Japan’s Nigerian community for a daily newspaper in Tokyo. His first book, Every Human Intention: Japan in the New Century, was published by Pantheon in 2021. ENDS

My SNA Visible Minorities col 34: “Henry Scott-Stokes, Sell-Out to Gaijin Handlers, dies.” May 23, 2022, with ruminations on why foreign journalism in Japan has historically been so astray.

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Hi Blog. Here’s my latest SNA column, discussing in part why journalism on Japan has historically had so many topical, “weird Japan” stories. Part of it is because some commentators on Japan remain willfully ignorant of the Japanese language. Others get duped by the industry of “Gaijin Handlers” designed to steer foreign perceptions of Japan in the “right direction”. And some commentators, like the late Henry Scott-Stokes, former Tokyo Bureau Chief at The Financial Times, Times of London, and New York Times, become willing abettors of the Japanese far-right, selling their reputations to maintain their privilege.

Have a read. It resolves one mystery I always felt when meeting numerous veteran foreign correspondents during the Otaru Onsens Case. They would often arrogantly question my standing to work within the Japanese system as resident, citizen, and activist. Yet they could barely read the menu. Time for me to question their standing too. Debito Arudou, Ph.D.

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Visible Minorities: Henry Scott-Stokes, Sell-Out to Gaijin Handlers
Shingetsu News Agency, May 23, 2022, by Debito Arudou

https://shingetsunewsagency.com/2022/05/23/visible-minorities-henry-scott-stokes-sell-out-to-gaijin-handlers/

SNA (Tokyo) — Henry Johnstone Morland Scott-Stokes, patrician among Japan’s foreign correspondents since 1964, recently died in Tokyo at the age of 83, but not before he did untold damage by performing as a foreign handmaid to Japan’s fascists.

A man described as “tweedy” and “entertaining and congenial,” Briton Scott-Stokes was nonetheless a man of privilege, lucky enough to land in Japan as Tokyo bureau chief of the Financial Times only three years after graduating from Oxford.

Becoming bureau chief of a major newspaper at the wizened old age of 26 might seem odd today, but back then foreign journalism in Japan had lower standards, and the field was infused with neocolonial attitudes towards the “natives.” Fluency in your assigned country’s language was not required.

Nor was Japanese required at the other “Big Three” English-language newspapers in Japan, as Scott-Stokes later became bureau chief of The Times of London and the New York Times through the 1970s and early 1980s. For a man described as “someone who really understood Japan,” he spent his entire 58 years in Japan as a functional illiterate, unable to fluently read, write, or speak Japanese.

To be fair, this was normal: Scott-Stokes arose from a bygone generation of Japan commentators who were poorly trained in social science methods. That’s actually one reason why newspaper analysis on Japan at the time was so topical. They simply couldn’t do their own deep and rigorous research in the vernacular.

As a result, overseas readers usually got the topical “weird Japan” stories–dismissively called the “Three Es” of economics, exotica, and erotica–that condescendingly promoted the Japanese as “inscrutable” and the Japanese language as “the hardest in the world” for foreigners to learn.

Of course, that had the self-serving effect of absolving their willful ignorance. The problem with doing onsite research dependent on interpreters (in Scott-Stokes’ case, his second wife) is that professionals become blinkered. Not only are you less able to talk to the hoi polloi on their own terms about their daily lives, but in Japan in particular you become vulnerable to the elite, targeted by a particular class of people with an agenda for prominent Western journalists.

Also known as “Gaijin Handlers,” this industry of information spooks is designed to distract attention from politically troubling or shameful stories about Japan, and at best mislead foreign correspondents into parroting government propaganda.

After all, the Japanese government is well-practiced in steering domestic media and influencing public perception for social control–hence Japan’s enormously restrictive “Press Clubs.”

Until the mid-1980s, the Gaijin Handlers succeeded quite well. The image of Japan transmitted to the outside world was kept “harmless and weird,” and Japan got richer and richer on its trade surpluses.

But then, seemingly out of nowhere, Japan suddenly emerged even wealthier than the United States in terms of per capita GDP. Japanese companies bought up prominent overseas properties while the US taxpayer footed the bill for Japan’s regional defense. Overseas editors started demanding that Japan be studied as an economic powerhouse, if not a rival.

This is when a new generation of Japan scholars came in, where if you weren’t fluent in Japanese you simply weren’t respected.

We did our own research outside of government meddling, using the same vernacular sources the Gaijin Handlers read and tried to obfuscate. We knew their code because we spoke it too. Our analysis wasn’t perfect, but we could better see through the propaganda.

Times change, and most of the old hacks moved on to other countries or settled into a quiet life in Japan, living a harmless twilight existence as cottage consultants in their cups.

Scott-Stokes didn’t. He didn’t just continue to rely on his privileged access to Japan’s elite for his income; he decided to embrace their fascist tendencies.

He first attracted attention from Japan’s far right in 1974 with his signature book, a biography in English of his alleged friend Yukio Mishima. It proved useful to Mishima’s ilk. With the imprimatur of a pedigreed white man whitewashing one of Japan’s far right fanatics into a sympathetic hero, he helped refashion Japan’s fascism for the outside world.

Then, by the 2010s, as journalistic standards rose and money got tighter, Scott-Stokes went all-in with his Gaijin Handlers, selling his reputation for thirty pieces of silver.

His 2013 book Falsehoods in the Allied Nations’ Victorious View of History, as Seen by a British Journalist, came out in Japanese only, and it sold an estimated 100,000 copies within a few months.

But Scott-Stokes wound up blindsided by its contents. Despite his name being on the cover and his standing as the titular “British Journalist,” it turns out that he didn’t actually write the book, let alone read it. The Times of London reported that he had essentially dictated it to an interpreter.

Later asked about sections denying “as a historical fact” the Nanjing Massacre of civilians by the Imperial Japanese Army in 1937, he initially said he was “shocked and horrified” at having been unable to check that “rogue passage.” Then Scott-Stokes reversed himself and stood by what was written. “If I’ve been taken advantage of, it’s with my complicity.” Books needed to be sold, after all.

Further, he doubled down on minimizing Japan’s “alleged” war crimes with whataboutism, comparing them to the “war crimes” of the atomic bombings, and of the “victor’s justice” of the Tokyo War Crimes Tribunal–all Japan historical revisionist tropes. He even argued that the United States, not Japan, bears “prime responsibility” for the Pacific War.

Some of his absurd claims are still visible on far right websites, such as, “It is largely as a result of Japanese shedding their blood that we entered a new world where colonies did not exist any more and there is racial equality.”

He concluded, “You should not be misled by anti-Japanese propaganda but rather take pride in Japan as a nation,” noting that Japan was “Asia’s light of hope” which “liberated Asian countries from white domination” (replaced by, the record also demonstrates, Yamato domination; they too were brutal colonizers, after all). All of this effort was to “protect the Japanese soul.”

Fortunately, Scott-Stokes’ former employers took responsibility for their own, acknowledging in their obituaries that his book was “embraced by right-wing apologists for atrocities committed by the Japanese military during World War II” (New York Times), and “Scott-Stokes was certainly sympathetic to Japanese nationalist right-wingers” (The Times of London).

I can find no specific buy-in from Scott-Stokes for other tropes that the far-right takes pride in, such as encouraging thoroughbred Wajin bloodlines free of miscegenation or promoting “pure” Yamato males as the only people entitled to represent and rule Japan.

But his sympathies for those who do, especially those who lament Japan’s postwar disapproval of “traditional Japanese values,” including Meiji Era martial training and the Emperor as the head of state, gave their rhetoric a sense of legitimacy. And it runs directly counter to Japan’s inevitable future, given its low birthrates and aging society, as a multicultural, multiethnic society.

The point is that Scott-Stokes’ lifetime peddling in and profiteering off of Japan’s mysticism has interfered with seeing Japan’s history, and its present-day realities, realistically.

His son, Harry Sugiyama Scott-Stokes, a celebrity broadcaster in Japan and frequent commentator at NHK, has announced that he will be “carrying on in the spirit of my father,” whatever that means.

In the end, what is the measure of a life well spent? In my view, it is to leave the world a better place than you found it. By this measure, Scott-Stokes did quite the opposite.

By passively, then later actively, promoting the aims and ideology that undergird Japan’s fascist xenophobes, he offers no template for Japan’s foreign communities, let alone his professional colleagues. His support of people who would never grant equal rights to minorities, particularly Japan’s Visible Minorities, is especially ironic and counterproductive.

Future residents and interpreters of Japanese society should see Scott-Stokes as a cautionary tale. Here was a man who lived most of his life in a country, even tried to rewrite the narrative on it, yet remained in a bubble of privilege so opaque he could never see the obvious–that he was being used by elites who would never let his type into their club.

Henry Johnstone Morland Scott-Stokes became a “useful idiot” to the Gaijin Handlers, destroying his legacy.

ENDS

======================
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Kyodo: “63% of people with foreign roots in Japan questioned by police”, part of systemic racial profiling by the National Police Agency

mytest

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Hi Blog. It’s been difficult for me to blog much this year (beyond my monthly SNA columns), as I’ve had the busiest semester on record. All of my writing energies are being absorbed by coursework. So in order to keep up with events, I’m going to try to post more but feel the need to comment less.

Instead, Debito.org Readers are keeping us all updated in real time in their comments to various blog posts, but in particular see their updates and reposts of news articles in the Comments Sections of all Debito.org NewsLetters. They’re doing a far better job than I am. Many thanks.

On to the Kyodo article, which is more quantifiable grist for the mill for Debito.org’s longstanding substantiated claim that Racial Profiling is standard operating procedure for the Japanese Police. Read on. Bravo Tokyo Bar Association for getting us some citable statistics.  Debito Arudou, Ph.D.

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63% of people with foreign roots in Japan questioned by police
April 10, 2022 (Mainichi Japan/Kyodo News), courtesy of lots of people
https://mainichi.jp/english/articles/20220410/p2g/00m/0na/019000c

PHOTO: Foreign residents take to the streets in Tokyo’s Shibuya Ward on May 30, 2020, in protest against the alleged mistreatment by Japanese police of a Kurdish man. (Kyodo)

TOKYO (Kyodo) — A total of 62.9 percent of people in Japan with foreign roots were questioned by police over the past five years, preliminary results of a recent Tokyo Bar Association survey showed, with the group saying the outcome is evidence of biased behavior by officers.

The survey on racial profiling drew responses from 2,094 people with roots in foreign countries. The association said it conducted the poll after receiving complaints that many such people had been questioned by police apparently due to their appearance.

Among individuals who were approached by the police over the past five years, 50.4 percent were stopped “two to five times,” while 10.8 percent were questioned “six to nine times” and 11.5 percent “10 times or more,” according to the survey conducted between Jan. 11 and Feb. 28.

A total of 70.3 percent of those individuals said they “felt uncomfortable” with the police questioning, while 85.4 percent said the police approached them upon recognizing they have roots in other countries. Most of those people believed officers had such an awareness because of their appearance.

A Japanese law governing police officers on duty allows them to question people if there are reasons to suspect they have committed an unusual act or crime. But 76.9 percent of people who were questioned by police officers in the survey said there was no reason for being treated with suspicion.

In a free description section, some wrote that after officers learned of their foreign nationality, they showed “overbearing behavior” toward them.

The U.S. Embassy in Tokyo had warned on its official Twitter account last year that it had been receiving reports of “suspected racial profiling incidents” with several foreigners “detained, questioned and searched” by the police.

ENDS

======================
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My SNA Visible Minorities column 32: “On the Naomi Osaka Heckling” at Indian Wells tournament (March 21, 2022)

mytest

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Hi Blog. This semester has been an extremely busy one, so I haven’t had much time to blog. All my writing energies are being devoted to creating lectures. Sorry. Anyway, here’s my latest SNA column. Debito Arudou, PhD

////////////////////////////////
Shingetsu News Agency
Visible Minorities: On the Naomi Osaka Heckling
MAR 21, 2022 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2022/03/21/visible-minorities-on-naomi-osaka-heckling/

SNA (Tokyo) — At a recent tournament in Indian Wells, California, Japan tennis champion Naomi Osaka was heckled by some troll in the audience who shouted out “you suck!” while she was playing on court.

That reduced Osaka to tears. She asked the referee if she could address the crowd, then asked to have the troll ejected. Both requests were denied, and play resumed. Osaka then lost in straight sets.

In post-game comments, Osaka tearfully noted the distraction and compared her situation to a 2001 incident where Venus and Serena Williams faced crowd abuse, again at Indian Wells. The Williamses boycotted the venue for more than a decade after that.

Fortunately, this time Osaka’s heckler was the outlier. The audience at the venue, fellow players afterwards, media and internet chatter were overwhelmingly supportive of her.

Still, others noted that Osaka needs to develop a thicker skin.

I’m afraid I agree.

Osaka has been around on this circuit for quite a while. She’s now 24, and obviously has the talent to be world champion. Now the question is, given the choices she’s made, does she have the mettle to maintain it?

Osaka has been around on this circuit for quite a while.  She’s now 24, and obviously has the talent to be world champion.  Now the question is, does she have the mettle to maintain it?

Remember, these are the choices she made:  As I’ve written before in a Japan Times column, “Warning to Naomi Osaka:  Playing for Japan can seriously shorten your career” (September 19, 2018), she chose to represent Japan, a country with a long history of putting grueling (sometimes fatal) pressure on its athletes.  They’re expected to put their country first and their personal best a distant second.

And it’s further complicated by the fact that Osaka is a Visible Minority in Japan, moreover living the preponderance of her life in America and remaining unproficient in Japanese.  

That means, like for so many Visible Minorities in Japan, her foreignness is tolerated as long as she keeps winning.  Put simply:  If she wins, her Japanese half is celebrated.  If she loses, her Non-Japanese half is to blame.  

And she’s not winning.  She’s skipped tournaments due to mental health issues and underperformed in the recent ones she’s attended.  Despite having the honor of lighting the Olympic flame in Tokyo 2021, she only made it to the third round in the tennis event.  Currently she’s dropped to 78th in the world rankings.

That is all tragic, especially since her Japanese sponsors will someday start questioning their money’s worth, as she’s the highest paid female athlete in history.  She’s also used her status (rightly) to visibly advocate for minority causes in America, including BLM (but notably, not for fellow Visible Minorities in Japan; she even ironically dismissed racism in Japan as merely a matter of “a few bad apples”).  

But here’s the point:  What is Osaka’s goal?

If she wishes to settle for the celebrity status of “famous for being famous,” then mission accomplished.  Tennis or no tennis, she can continue to attend her gala events and model for magazine covers and advocate for her causes.  Those are her life choices, so power to her.

But if she wishes to remain a tennis champ, especially one representing and compensated by Japan, she’s going to have to develop some focus.

No matter what, there will be detractors.  That’s the hazard of being a public figure, especially as a Japanese athlete.  And her championing off-court issues like human rights attracts even more detractors.  

I speak from some experience here.  While I am by no means an athlete and cannot claim to be a world champion at anything, I too have fought for human rights causes in Japan.  I’ve kept a sustained public campaign against racial discrimination in Japan for decades, writing several books and garnering domestic and international media attention against “Japanese Only” signs and rules.  We took our case all the way to Japan’s Supreme Court and made it clear to the world, despite all the denialists, that racial discrimination is an embedded, systemic reality in Japan.

That too brings forth detractors who think that pointing out something shameful in Japan is shameful in itself.  As do the trolls of the Global Far Right, who hold up Japan as their model ethnostate, and from them I get death threats on a weekly basis.

But my goal has always been straightforward:  Get a national law passed against racial discrimination in Japan with criminal penalties.  It might not happen in my lifetime, but that remains my focus and I pay the trolls no heed.

As should Osaka.  At some point in time she’s going to have to stop letting hecklers take her power away.  This is that point in time.

Look, if it’s a matter of unfairness in the rules, or something that targets her because of things she cannot change (such as her racial and ethnic background), by all means, protest that.  Racism should never be tolerated.

But a matter of a generic “You suck!”, while unpleasant and undeserved, is something people her age should have learned to deal with by now.  

Bullies will always exist, and you’ll probably encounter them outside of Indian Wells.  Showing them that they have the power to affect you like that only emboldens them further.  Reclaim that power by showing them you’re stronger than they are.  Be unfazed.  Otherwise you will appear to lack the mettle to stay champion, and they, not you, will accomplish their goals.

Yes, it’s Indian Wells’ job to create a comfortable and level playing field for athletes, and they should have taken responsibility for that.  It’s our job as the general public to make sure those conditions are in fact enforced and to support our favorite athletes.  If Indian Wells isn’t going to cooperate, then yes, boycott the place.  

But it’s still the athlete’s job to train both physically and mentally and play their personal best.  

So do your best, Naomi Osaka.  Enforce what you can, tune out what you can’t.  That’s what champions do.  That’s the path you chose, and to a certain degree these detractors come with it.  

As you might say, dismiss them in your mind as just “a few bad apples.”

ENDS

======================
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My SNA Visible Minorities 31: “Shintaro Ishihara: Good Riddance to an Evil Man”, an honest obituary. Feb 20, 2022

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Visible Minorities 31: Shintaro Ishihara: Good Riddance to an Evil Man
Shingetsu News Agency, February 21, 2022
By Debito Arudou 

https://shingetsunewsagency.com/2022/02/21/visible-minorities-good-riddance-to-an-evil-man/

Former Tokyo Governor Shintaro Ishihara, who died February 1, was an evil man. Any honest obituary would admit as such. Unfortunately, the media’s retrospectives have tended to eulogize him, using weasel words so as to not speak ill of the dead.

But that’s the wrong reflex. Evil should never be whitewashed, especially when it comes to a person as evil as Ishihara, and by doing so they are complicit in historical revisionism. I will try to rectify that with this column by recounting Ishihara’s actual record.

COMPARISON AND CONTEXT

I do not use the term “evil” lightly.  Consider other people in Japan who, when granted power, did wrong:

Prime Minister Kishi Nobusuke, a rehabilitated war criminal, stunted Japan’s development into a mature sovereign country by perpetually subordinating Japan’s geopolitical interests to the American military under the US-Japan Security Treaty.  

Prime Minister Yasuhiro Nakasone, who abetted the “Comfort Women” system of wartime sexual slavery, spent his life not only denying its existence, but also reconstituting Japan’s ruthless revisionist far-right.  

And Japan’s longest-serving Prime Minister, Shinzo Abe, did all he could to restore prewar elitism to the postwar governing system, by destroying any “Western” ideals of individuality, human rights, and pacifism; and (unsuccessfully) trying to “revise” Japan’s postwar Constitution.  

But all of these horrible little men still pale in comparison to a man as irredeemably evil as Shintaro Ishihara.

WHITEWASHING THE RECORD THROUGH WEASEL WORDS

Most obits have used weasel words to describe Ishihara’s life:  “Controversial,“ “brash,” “charismatic,” “unapologetic,” “chauvinistic,” “contentious,” a “firebrand (or fiery) nationalist,” “staunch right-winger,” “outspoken conservative,” even “gaffe-prone,” woefully understating his misdeeds.  

Some went even further, looking for some good in him:  His establishment of the Shinginko Tokyo bank using public monies (which failed, becoming a windfall for the yakuza), involvement with the Tokyo 2020 Olympics (and we’ve written here what a nationalist mess that became), restrictions on diesel cars in Tokyo (yes, less air pollution is good, but rarely were his policies green), and an “outspokenness” towards anything he didn’t like (that’s not a virtue; just a guilty pleasure to watch).  

One of the harsher ones, after calling him a “rightist, elitist, racist, misogynist, patriarchal pig,” still fell for his “unmistakable, evocative allure,” and concluded that “Tokyo has lost something” with his death.

What we lost was a legitimizer of hatred.  

Revealingly, one of Ishihara’s elitist co-conspirators described him as “a politician who challenged what became the norms in the postwar era… He was not afraid of criticisms and insisted on what he had to say” (Shinzo Abe).  Translation:  Ishihara’s extreme stances and policies helped our right-wing policy aims seem less extreme.

INSTEAD, MEMORIALIZE ISHIHARA’S HATEFUL DEEDS

So let’s recount Ishihara’s actual record, starting with his peerless sense of entitlement.  

Born into wealth, he got lucky getting a prestigious book award at an early age which catapulted him into celebrity status.  This enabled him to hobnob with elites and attain elected national office for several decades.  After all, electorates in any society are suckers for celebrities.

He eventually found himself in a position of real power, elected multiple times to the governorship of the world’s largest and richest city.  And he used that bully pulpit to further aims explicitly motivated by hate, admitting in 2014, “Until I die, I want to say what I want to say and do what I want to do, and I want to die hated by people.”

Accordingly, Ishihara infused hate and spite into just about any public policy he sponsored.  Remember how mere weeks into his first term as Tokyo Governor he called for the Japanese military to actively round up foreigners (using the racist epithet “Sankokujin”) in the event of a natural disaster?  How were they to do that?  Unclear — probably just arrest anyone who “looks foreign.”  Why?  Because in his words, foreigners are “heinous” and will of course riot and run amok when given the opportunity.  

That claim was put to the test during the Tohoku Tsunami, and surprise, no foreigner riots.  Any retractions from Ishihara?  Of course not.  Men of no conscience or sense of consequence for their actions never apologize unless they’re forced to.

For Ishihara was a man who unapologetically said that he loathed Koreans and Chinese, and went out of his way not only to justify Japan’s occupation of its Asian neighbors, but also deny its colonial and wartime atrocities.  (All while calling the US atomic bombing of Japan racist.)  Ishihara even claimed, in his regular Sankei Shinbun columns, that Chinese were innately criminal due to their “ethnic DNA.” 

A hateful man who poured his hate into concrete policies, Ishihara installed Japan’s first neighborhood surveillance cameras specifically in areas of Tokyo he claimed were “hotbeds of foreign crime,” and went on TV at regular intervals to propagandize that Shinjuku, Ikebukuro, and Roppongi at night were no longer Japan.

He also said that Japanese politicians who support more civil and human rights for foreign residents must have “foreign ancestors” themselves, and abetted political witch hunts and loyalty tests to root out politicians with international connections.

Essentially, Ishihara was trying to ethnically cleanse Japan, undoing the “internationalization” phase of the 1980s and 1990s of openness and tolerance. 

In its place, he sponsored overt racism and normalized xenophobia.  He fueled Japan’s reflexive self-victimization by scapegoating foreigners, accusing them of crime, terrorism, subversive activities, and a general undermining of all things “Japanese.”  

And it worked. To this day, entire political parties, candidates, and hate groups publicly rally for the expulsion of foreigners and the extermination of Koreans. That’s why current Prime Minister Fumio Kishida can’t easily lift the world’s longest, most draconian and unscientific Covid border policies–because polls say 57% of the fearful Japanese public want them kept.

In his spare time, Ishihara also found ways to hate anyone who wasn’t like him, even blaming his own citizens for their woes.  Such as the time he said the 2011 Tohoku Disasters were “divine punishment for Japanese people’s egoism.”  

Ever the misogynist in his novels and policy statements (one obit called him “the King of Toxic Masculinity”), he called women who survived past menopause “a waste” and “a disease of civilization” (as opposed to men, however senile, who can still “propagate the species until their 80s and 90s”), said that a woman euthanized for having ALS suffered from a “karmic disease due to the sins of a past life,” and averred that gays and lesbians are “genetically subnormal.”  There’s plenty more, but I’ll stop there.

STOP EULOGIZING A HITLER PROTOTYPE

That’s why I find it so jarring that obituarists minced their words.  Stop it, because you are complicit in historical revisionism.  

To find any redeeming qualities in a man like Ishihara is like noting that Hitler liked dogs, built Germany’s autobahns, or created Volkswagen.  But that shouldn’t be the focus of any honest historical accounting of a balance sheet of evil.

And yes, I made a comparison to Hitler.  That’s not Godwin’s Law.  Think about it:  If Ishihara had been given the powers Hitler had, do you think he would have done much different?  

Other people of Ishihara’s ilk (such as Prime Minister Taro Aso) have expressed admiration for Hitler, saying he had the “right motives,” because that enables politicians to achieve results.  Shucks, if only Japanese politicians’ power wasn’t so diluted by Japanese bureaucracy, and the Japanese military freed to project more power wherever it wanted, what could we accomplish?

Well, that was precisely what Ishihara was trying to do whenever he had power.

Remember when Governor Ishihara tried to leverage public and private monies (eventually forcing the national government’s hand to do so) to buy up the Senkakus, some disputed rocks in the East China Sea?  That was, in his words, his attempt to “start a war with China and win.”  To this day, major world media that should know better blithely portray this conflict as merely a “feud,” a “row,” and a “spat.”  

Given that Ishihara was also calling for Japan to develop nuclear weapons, that means, if Ishihara had achieved his results, he would have mass-murdered the people he hated.  

Thus comparisons with Hitler are not hyperbole.  They’re history.  

DEATH BY “KARMIC DISEASE” IS NOT ENOUGH

Ishihara died at age 89 of recurring pancreatic cancer.  I’m told it’s a painful way to go.  Good.  But no amount of pain he would ever feel would make up for the suffering he caused out of purely personal animus and spite.  He was a cruel man who spent his life persecuting people not only because they crossed him, but also simply because they were born a certain way.

So this is my obit:  Shintaro Ishihara was a monster and now he is dead.  May he rot in hell.

ENDS
======================
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Japan Govt’s “Kizuna” magazine: “Beyond Tokyo 2020 Olympics: Leading the Way towards an Inclusive Society”, Winter 2021: Govt propaganda whitewashing history & rewriting exclusionary narratives

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Hi Blog.  Getting to this one a bit late, sorry. (Got two more new classes this semester; just starting to get into a semester groove now.)

Have a look at this Japanese Government article in their “Kizuna” Magazine trying to present the Tokyo 2020 Olympics as a liberalizing force, allowing Japan to embrace “inclusivity”.

Of course, we here at Debito.org are all in favor of inclusivity.  But when even the data it presents below doesn’t substantiate the headline, you know even the Japanese government is indulging in propagandizing clickbait based on incomplete social science.  No surprises there, I guess, but let’s parse.  My comments interspliced within the article:

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

PORTRAITS OF JAPAN
BEYOND TOKYO 2020: LEADING THE WAY TOWARD AN INCLUSIVE SOCIETY

Kizuna Magazine, Winter 2021
https://www.japan.go.jp/kizuna/_userdata/pdf/2021/winter2021/beyond_tokyo_2020.pdf

The Tokyo 2020 Games, which reached a safe conclusion even under the difficult circumstances presented by the COVID-19 pandemic, made a significant step toward the realization of an inclusive society—one in which everyone respects one another regardless of gender, age, or ability.

(Comment:  So the inclusivity is restricted to gender, age, and ability?  Not nationality, minorities (who were in fact shut out of the Games), or other racialized characteristics for Visible Minorities in Japan?  Granted, those three items are good ones, but it’s a narrower scope for “inclusivity” than should be possible or laudable.)

It was precisely because the world had been facing great difficulties due to the COVID-19 pandemic that Japan determined to fulfill its responsibility as host country to hold the Tokyo 2020 Games, even without spectators, and to provide the world with a sense of solidarity and to offer hopes and dreams, especially to children, who hold the future in their hands. Firmly intent on making this happen, many people throughout Japan worked in unison, striving to implement measures for safety and security to ensure that Japan bring the Games to a safe conclusion.

(Comment:  Trope check:  We hardworking Japanese should take a bow for “working in unison” (echoing the wartime sentiment of all Japanese hearts beating in unison without exception) making everything safe and secure for providing the world with hopes and dreams and solidarity.  Especially the children.  And according to the first sentence, Japan did this for the world?  I think more for its sponsors, both foreign and particularly domestic.)

The Tokyo 2020 Games not only moved and inspired many people through sports, but also advanced the Games’ core concept of “Unity in Diversity,” serving to promote the further growth of this movement. The percentage of female athletes participating in the Olympic Games was a record 48.8. Moreover, the number of athletes who identified themselves as LGBTQ+ was reportedly over 180—-more than triple that of the Rio 2016 Games—-and they won more than 55 medals among them. In order to promote gender equality, the number of mixed-gender events was doubled to 18. Seeing men and women teaming up to compete for their country was like a breath of fresh air. The Paralympic Games, which was held in Tokyo for the second time, served as an opportunity to convey to the world and cultivate the “barrier-free mindset” that is at the foundation of an inclusive society, in which everyone, with or without impairments, can lead a vibrant life.

(Comment:  Ah yes, the “Unity in Diversity” trope that I critiqued for SNA last August.  I will excerpt that below and show how ironic that trope actually was.  But look at how the article categorizes “diversity”:  Females.  LGBTQ+.  Mixed-gender.  Paraolympics.  Nothing about, for example, Visible Minorities.

But again, this has nothing to do with Japan, and more to do with the Olympic-sponsored events themselves.  Claiming this as something that we Japanese created is like claiming that Japan promoted better chocolate because Japan hosted a chocolate festival that somebody else created and sponsored.  And that that better chocolate somehow created mindsets throughout society to make them more inclusive of chocolate, even for those who hate chocolate.  There’s simply no data to support this assertion that any mindsets changed here, there, or anywhere.  Then we actually get to their dataset for their claims:)

Supporting the success of the Games from behind the scenes were more than 70,000 Games volunteers, who ranged in age from 19 to 91. These volunteers, regardless of age, gender, or disability, played the vital role of actuating the concept of “Unity in Diversity” by providing hospitality and supporting athletes and staff from around the world. MIURA Hisashi, who has a hearing impairment, was one of these volunteers. Wanting to contribute in some way to this historic event, he performed reception and maintenance duties, among others, at the residential buildings and fitness center at the Olympic and Paralympic Village. “As I actively offered my own opinions and shared sign-language skills, my teammates also naturally started to communicate more openly, showing their care for one another using both spoken words and sign language. Ultimately, I felt that we made an excellent team, and were able to fulfill our role. It was also unforgettable to have the chance to communicate with players and staff visiting from all around the world using gestures and body language. I’m glad that I was able to support them, even if only in a small way”, says Miura.

(Comment:  Wow, Miura got a lot of space.  One guy with a hearing impairment who performed “reception and maintenance duties” leads the way with gestures and body language.  A diverse sample size of one proves the point that society’s mindsets are changing.  And that’s basically the meat of the article.)

Respecting and supporting one another regardless of differences is crucial to the realization of an inclusive society. At this year’s Games, this notion was reiterated to many people throughout the world. Miura says, “The Tokyo 2020 Games offered an opportunity to make great progress in terms of ‘Unity in Diversity.’ I am thankful that I was able to make my personal contribution as a volunteer at the Games, and I believe it is important to continue building up such experiences, not just at the Olympics and Paralympics.”

(Comment:  Even more space for Miura.  That’s lazy journalism.  And it repeats that trope that we Japanese unified to somehow welcome more diverse people, whoever they are.

Note there’s not even a mention of the truly diverse people involved, notably tennis champ Osaka Naomi lighting the Olympic Cauldron in the Opening Ceremonies.  I guess that’s not the diversity they’re looking for:  It doesn’t fall into the “gender, age, and ability” point they’re trying to prove, then don’t.)

Each of us embracing diversity will create a vitality that will lead to the realization of a world where everyone can live comfortably. The Tokyo 2020 Games were a sure, significant step in that direction.

ARTICLE ENDS

ARTICLE PHOTOS: Some 11,000 athletes from 205 countries and regions and the Refugee Olympic Team participated in the Tokyo 2020 Olympic Games, giving inspiring performances and setting numerous records. (Photo: Closing ceremony of the Olympic Games, August 8) AFLO SPORTS

Top: MIURA Hisashi (left), who has a hearing impairment, participated in the Games as a volunteer. Through the assistance of the Nippon Foundation Volunteer Support Center, which provides support to volunteers with impairments, he worked on a team together with an individual (right) who was able to offer sign-language interpretation at the venue to support the athletes. THE NIPPON FOUNDATION VOLUNTEER SUPPORT CENTER

Bottom: With the help of volunteers, Slovenian sprinter Anita Horvat exits the venue after the competition. Volunteers offered their assistance to athletes and Games personnel not just at the competition venues, but also at various locations around the country. XINHUA/AFLO

Left: Tom Daley (foreground), an openly gay athlete who won the gold medal for Great Britain in the men’s synchronized 10-meter platform, told the press, “I’m incredibly proud to say that I’m a gay man and also an Olympic champion.”
PICTURE ALLIANCE/AFLO

Top: The Japanese duo of MIZUTANI Jun and ITO Mima won the gold in a new event, mixed doubles table tennis. REUTERS/AFLO
ENDS

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As mentioned above, here’s an excerpt of my SNA column of August 16, 2021 critiquing that “Unity in Diversity” trope:

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

SNA Visible Minorities;  Tokyo 2020 Olympics Postmortem (excerpt)

By Debito Arudou

…That’s why I had some pretty low expectations for Tokyo’s Opening Ceremonies on July 21. Scandal after scandal had erupted over Japan’s Olympic Committee abysmal leadership choices, including the creative head cracking fat jokes about a female entertainer, the composer of the ceremony bragging about his history of abusing disabled people, the director of the ceremony making wisecracks about the Holocaust, and, of course, Yoshiro Mori, the octogenarian chair, resigning after sexist remarks.

After this, how would Japan introduce itself to the world?

Surprisingly, as a land with some degree of diversity. In prominent positions were people in wheelchairs and Visible Minorities, including hoopster Rui Hachimura as Japan’s flag bearer, Zainichi Taiwanese baseball legend Sadaharu Oh on the torch relay, and of course tennis champ Naomi Osaka having the great honor of lighting the Olympic cauldron. This caused much media buzz about how Japan was finally changing, coming to terms with the reality of its own diversity.

Sadly, I disagree. I would say this represents less a contradiction of Japan’s “monoethnic society,” more an affirmation of the power of tokenism.

Remember how Tokyo got these Games in the first place: By wheeling out French-Japanese TV announcer Christel Takigawa to give a fluent gaijin-handling presentation about Japan’s mystical prowess in omotenashi hospitality. Once her purpose as a token of diversity was served, she essentially disappeared from the Games, and the old guard took over and reverted to its scandalous form.

The thing is, tokenism isn’t acceptance. At best it’s a way station to your acceptance as an exceptional individual, successful DESPITE your background, and even that depends on whether you’ve fulfilled your assigned purpose. For the Olympics, if we’re putting you center stage, you’d better do your job and win Gold for the nation.

Unfortunately, the tokens didn’t win. Osaka was defeated in her third tennis match. Hachimura’s basketball team placed eleventh. Despite Japan’s record haul of medals, as far as I can tell only two Visible Minorities (Aaron Wolf in judo and Kanoa Igarashi in surfing) made it to the podium.

And Igarashi, US-born resident of Huntington Beach, CA, indicatively promotes himself on his Olympics website entry in classic Olympic “thoroughbred-ism”: “I have so much support here in the USA and America will always be part of who I am. But I’ve grown up with a lifestyle and in a generation where things can seem a bit borderless. And so representing Japan felt like a solid, comfortable decision. My blood is 100% Japanese. That’s something that you don’t change.”

Good for his bloodline, I guess. But for mongrel non-medalists like Osaka, as the New York Times noted, Japan’s social media pounced, contesting her Japanese language ability, her standing to represent Japan, and even her Japaneseness, all of which mattered much less when she was winning.

The final straw was when The Daily Beast reported August 4 that Yoshiro Mori had lobbied against Osaka lighting the Olympic cauldron in the first place, in favor of a “pure Japanese man.” With her lackluster performance, no doubt many bigots feel Mori has been vindicated.
EXCERPT ENDS

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

“Unity in Diversity” indeed.  Debito Arudou, Ph.D.

The article itself is available as a screen capture here (click to expand):

======================
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My SNA Visible Minorities 30: “US Military Should Combat Japan’s Xenophobia”, i.e., counteract apparent Japanese media disinformation about their bases’ Covid policies (Jan 24, 2022)

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Visible Minorities Column 30: US Military Should Combat Japan’s Xenophobia
SHINGETSU NEWS AGENCY, JAN 24, 2022 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2022/01/24/visible-minorities-us-military-should-combat-japans-xenophobia/

SNA (Tokyo) — Shingetsu News Agency has reported for two years on how the Japanese government and media have gone out of their way to blame foreigners for the domestic spread of Covid. Each time we’ve gone out of our way to point out that Covid was usually brought in by Japanese citizens disobeying lenient quarantines.

The government’s exclusionary border policies, treating people without Japanese passports as somehow more contagious, is routinely supported neither by logic nor science.

The latest mutation of this narrative has been the blame targeted at US military bases in Japan for community spread.

For example, Japan Times reported on January 8, stitching together wire reports from Jiji Press and Kyodo News, that “US military personnel are believed to have triggered a coronavirus resurgence in [Okinawa, Yamaguchi, and Hiroshima]. Many people in the three prefectures live in close proximity to American bases. Infection prevention measures taken by the US forces, which some have criticized as being too lax, are thought to be behind that explosion of cases.” […]. But this is contradicted by what the US Forces Japan say are their actual policies, claiming 92-98% vaccination rates and limitations on movement.

So is the blame game grounded in facts and science? Or are these reactions to people trying to find another foreign scapegoat for the latest Covid spike? We don’t know because US Forces Japan aren’t making their practices sufficiently loud and clear. As usual.

The upshot: How US Forces Japan are yet again ignoring being used for domestic political capital is irresponsible. USFJ has the duty to recognize that what they do affects Visible Minorities in Japan, whether it be inspiring “Japanese Only” bigots to slam shop doors in their faces, or giving more ammunition to reactionaries who seek to seal off Japan’s borders.

Full article at https://shingetsunewsagency.com/2022/01/24/visible-minorities-us-military-should-combat-japans-xenophobia/

Page with more sources at https://www.debito.org/?p=16964.

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Combating xenophobic rumors and media: Debito.org asks US Forces, Japan for clarification on their COVID testing and vaccination policies

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From: Debito Arudou <debito@debito.org>
Subject: From Debito.org: Questions regarding US Forces, Japan vaccination procedures.
Date: January 13, 2022
To: indopacom.yokota.usfj.mbx.pao@mail.mil (courtesy of this site)
Cc: Shingetsu News Agency <shingetsunewsagency@gmail.com>

To Whom It May Concern,
US Forces, Japan

Dear Sir or Madam,

My name is Debito Arudou, Ph.D., coordinator for Debito.org (www.debito.org), an award-winning online archive for life and human rights in Japan for more than 25 years. We address issues that affect Non-Japanese Residents of Japan, particularly Visible Minorities, and have acted as a launching pad for hundreds of journalistic and academic articles, government and NGO reports, and actions that have changed the course of national narratives and public policies. I am also the author of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, Second Edition 2022), and am a columnist for the Shingetsu News Agency.

Debito.org has some questions we would like to ask about the policies of US Forces, Japan.

In recent weeks, the Japanese media has portrayed US Forces in Japan as a major vector for infection in Japan, portraying the US military presence in Japan as a leak in their otherwise tight border policies. Consider:

============================
“Okinawa Gov. Denny Tamaki told reporters on Thursday that ‘U.S. military bases are one of the major causes of the spread of infections,’ while Yamaguchi Gov. Tsugumasa Muraoka said, ‘The fact that (military personnel) were not tested before departure from the United States had a big impact.’ Hiroshima Gov. Hidehiko Yuzaki also called the U.S. military’s measures ‘extremely regrettable.’”
https://www.japantimes.co.jp/news/2022/01/07/national/anti-us-base-sentiment/
“U.S. military personnel are believed to have triggered a coronavirus resurgence in the three prefectures. Many people in the three prefectures live in close proximity to American bases. Infection prevention measures taken by the U.S. forces, which some have criticized as being too lax, are thought to be behind that explosion of cases.”
https://www.japantimes.co.jp/news/2022/01/08/national/japan-coronavirus-january8/
============================
with a public advertisement in Okinawa published by Kyodo News in the Japan Times, showing a Westerner (not an Asian) sneezing:

From https://www.japantimes.co.jp/news/2022/01/08/national/japan-coronavirus-january8/

As you know, Japan’s border policies for most of the past two years have refused entry to most foreigners, including foreign residents regardless of visa status, while letting in Japanese under often lax quarantine conditions to spread Covid anyway. Yet media and policymakers in Japan have frequently portrayed Covid as an exogenous, “foreign” disease, with the highly problematic interpretation of seeing foreigners as more likely to spread Covid than Japanese.

The World Health Organization last month noted the lack of good science behind that claim, stating that “Epidemiologically, I find it hard to understand the principle there. Does the virus read your passport? Does the virus know your nationality or where you are legally resident? Our concern here is that we apply public health principles, not political principles, to selecting measures that are used to control the spread of diseases. The idea that you can put a hermetic seal on most countries is frankly not possible.” (https://english.kyodonews.net/news/2021/12/28670f8f00db-urgent-kishida-hints-at-review-of-japans-re-entry-restrictions-over-omicron.html)

My point is that the US Military in Japan has a responsibility to dispel rumors and reports that are playing a part in potentially increasing xenophobic attitudes towards foreign residents of Japan.

I understand that you have made an attempt to do so with announcements on your US Forces, Japan, website dated January 5 and 9, 2022:
https://www.usfj.mil/Media/Press-Releases/Article-View/Article/2889890/us-forces-japan-increases-to-health-protection-bravo/and
https://www.usfj.mil/Media/Press-Releases/Article-View/Article/2893181/us-japan-joint-committee-statement-on-measures-to-address-the-spread-of-covid-19/

But please permit me to ask some clarifying questions, for publication on Debito.org:

==================================
1) Pursuant to President Biden’s order that all federal employees and military be vaccinated and tested by February 15 (“as of early December, 92 percent of federal employees and military personnel had received at least one dose”, https://www.washingtonpost.com/politics/2022/01/11/biden-federal-coronavirus-mandate-testing-rules-unvaccinated/), does this mean that all US Forces in Japan, both incoming and resident, have been vaccinated and boosted, and tested for Covid, including the Omicron variant?

2) What happens when members of the US Military test positive for Covid? If in Japan, are they quarantined within the base? If outside Japan, are they denied entry into Japan and quarantined overseas?

3) Do you have any response to the claims within the following reportage in the Japan Times:

“It was revealed in December that U.S. forces had been lax in their border measures against the virus… But it was found that the U.S. side was not conducting pre-departure and post-arrival testing, as required by Japan, and that it had shortened the period of restrictions on arriving personnel’s movement from 14 days to 10. It also allowed people in the restriction period to move freely within U.S. bases.” https://www.japantimes.co.jp/news/2022/01/07/national/anti-us-base-sentiment/
==================================

I have heard unsubstantiated reports from American military members on social media that US Forces must be properly vaccinated and tested before they arrive in Japan. This would be at odds with what the Japanese media is saying.

Debito.org would welcome your clarifications for the record.

Thank you for reading and responding.

Sincerely, Debito Arudou, Ph.D.
Coordinator, Debito.org
Columnist, Shingetsu News Agency (https://shingetsunewsagency.com)
ENDS

UPDATE JANUARY 23, 2022:  We received no answer.

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Why COVID keeps being seen as a “foreign” disease in Japan: Uncritical reportage in the Mainichi of Shizuoka Mayor blaming Omicron on “foreign nationals at work”, claiming it’s not “community transmission”. Wait, let’s parse that.

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Hi Blog. Debito.org has talked about how Japanese officialdom keeps trying to construe COVID as something “foreign”, i.e., something exogenous that affects foreigners more than Japanese people (see here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, herehere, here, here, here, here, here, here, here, here, and here for example).  To the point where there’s even a research institute (Riken) speculating that Japanese are genetically less susceptible to COVID.  Seriously.

And that unscientific attitude is reflected in Japanese government policy that treats anyone with a Japanese passport as somehow less contagious than somebody with a foreign passport, regardless of individual vaccination status. (That of course means that a porous border and more lax quarantine rules for VIPs and “Japanese” entrants — including those without Japanese citizenship but WITH Japanese blood — get in and spread the disease anyway.  Omicron is in Japan to stay, brought in by Japanese, no matter how much you’re trying to blame it on, for example, the US Military.)

It’s gotten to the point where even the WHO has decried these policies as unscientific:

(Kyodo News Dec 2, 2021):  Michael Ryan, head of the WHO’s Health Emergencies Program, said of Japan’s ban on new entries of foreigners, “Epidemiologically, I find it hard to understand the principle there. Does the virus read your passport? Does the virus know your nationality or where you are legally resident?  Our concern here is that we apply public health principles, not political principles, to selecting measures that are used to control the spread of diseases. The idea that you can put a hermetic seal on most countries is frankly not possible.”

But one other factor in all this gaijin-bashing is an uncritical media, even from foreigner-friendly media outlets like the Mainichi Shinbun. Where they report unconfirmed statements from a local mayor that people had contact “with foreign nationals” (“kaigai no hito“, or “overseas people” in the original Japanese), and scare the public all over again.

Article follows, then my comment:

//////////////////////////////////////
Central Japan prefecture’s 1st omicron case linked to contact with foreigners at job: mayor
December 28, 2021 (Mainichi Japan), courtesy of JK
https://mainichi.jp/english/articles/20211228/p2a/00m/0na/004000c

SHIZUOKA — Following the first confirmed coronavirus omicron variant case in the central Japan city of Shizuoka in Shizuoka Prefecture on Dec. 27, Mayor Nobuhiro Tanabe said at a press conference, “He (the patient) is confirmed to have had contact with foreign nationals at work, and community transmission is unlikely.”

According to the Shizuoka Municipal Government, the patient was earlier confirmed infected with the coronavirus and has mild symptoms. Genome analysis by the National Institute of Infectious Diseases revealed he was positive for the omicron variant. Two people who had had close contact with the man tested negative for the virus.

The patient has no recent history of overseas travel, and came into contact with foreign nationals at work. The city’s public health center explained that it determined the route of infection was strongly suspected to have been via contact at work.

The man received his second coronavirus vaccine by August. He developed symptoms on Dec. 23, was tested the following day, and hospitalized on Dec. 25. He was confirmed positive for the omicron variant the next day.

Other than the two people deemed close contacts, 12 of the 13 people involved in the same work tested negative. One still awaits their results.

(Japanese original by Hideyuki Yamada, Shizuoka Bureau)

静岡市でオミクロン株初確認 海外から来た人と接触 市中感染は否定的
毎日新聞 2021/12/27
https://mainichi.jp/articles/20211227/k00/00m/040/344000c
新型コロナウイルス感染症の変異株・オミクロン株への静岡県内初感染が静岡市で確認された27日、田辺信宏市長は記者会見で「業務上、海外の人と接点が確認されている。市中感染の可能性は低い」と説明した。患者は男性で軽症、市保健所で感染経路を調べている。
市によると、男性は新型コロナの感染が既に確認されていた。国立感染症研究所のゲノム解析でオミクロン株陽性と判明。濃厚接触者2人は陰性だった。
男性患者は海外渡航歴はなく、海外から来た人と業務で接触があった。市保健所は感染経路について「業務上の接触の方を強く疑う状況と判断している」と説明。8月までにワクチンの2回目接種を終えていた。23日に発症、24日に検査を受け、25日に入院。26日にオミクロン株の陽性と分かった。
濃厚接触者以外の仕事関係者13人のうち12人の陰性を確認。1人は検査結果を待っている。【山田英之】

ENDS

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

COMMENT: A few more simple questions needed to be asked of Mr. Mayor before his speculation got passed through by the Mainichi editors, and allowed to filter into the public sphere:

  • Were these “overseas people” freshly-arrived in Japan from overseas despite a near-blanket ban on any foreigners at the border?
  • Were these “overseas people” in fact foreign residents who were here anyway, therefore those people are in fact part of “the community” (meaning, yes, “community transmission”).
  • Is there any evidence that these individual “overseas people” were in fact COVID-positive? Were they tested? Was there any other vector testing of other people in the community? Or are we just simply assuming that foreigners are more likely than Japanese to have COVID and leaving it at that?

We should know.  But we don’t.  Why not?  Because the constant and uncritical assumptions that foreigners a) are vectors, and b) are not part of the “Japanese community” at large anyway, are precisely what I mean when I refer to Japan’s Embedded Racism. Presumptions like these are so normalized as to be embedded and unquestioned in Japan, even by media professionals who are supposed to be asking these questions before they let these racist ideas infect and spread throughout society.  Debito Arudou, Ph.D.

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My annual “Human Rights Top Ten for 2021” countdown now at Shingetsu News Agency, VM 29 Dec 27, 2021

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Hello and Happy Holidays to all Debito.org Readers! Here’s my annual Top Ten, this year moved to the Shingetsu News Agency because The Japan Times isn’t in the market for articles like these anymore. Excerpt:

//////////////////////////////
Visible Minorities: Human Rights Top Ten for 2021
SHINGETSU NEWS AGENCY, DEC 27, 2021 by DEBITO ARUDOU in COLUMN

SNA (Tokyo) — Since 2008, I have always devoted my end-year columns to counting down the Top Ten human rights issues as they pertain to Non-Japanese residents of Japan. This year I’m moving this feature to the Shingetsu News Agency. Let’s get started:

10) Debito.org Turns 25 Years Old…
9) Tourism to Japan Drops 99% Since 2019…
8 ) Vincent Fichot Hunger Strike against Japan Child Abduction…
7) Tokyo Musashino City Approves, Then Defeats, Inclusive Voting Proposal…

Full countdown with write-ups at https://shingetsunewsagency.com/2021/12/27/visible-minorities-human-rights-top-ten-for-2021/

Enjoy!  More to come in 2022!  Debito Arudou, Ph.D.

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Good 2018 JT article on Japanese Nationality Law. Upshot: Don’t give up NJ citizenship after naturalizing into Japan

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Hi Blog.  While doing some research for my upcoming SNA end-year column, I found this interesting article from 2018 that deserves highlighting.  An important estimated statistic follows about the possible number of dual nationals in Japan (close to one million).  And also the fact that those dual nationals in Japan are probably under no credible threat of losing one citizenship.

International couples with dual national children in Japan, take note:  Do not let your children sacrifice one side of their identity merely for the sake of bureaucratic convenience, especially when they don’t have to.  Debito Arudou, Ph.D.

(PS:  Note how little the debate has progressed since dual nationality in Japan was proposed back in 2009!)

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

What does Japan’s Nationality Act really mean for its dual citizens?
Subtitle: Given the present “don’t ask, don’t tell” attitude of the Justice Ministry, it would be highly unusual if Naomi Osaka was forced to relinquish her U.S. citizenship at the age of 22. 
BY CORY BAIRD AND SAKURA MURAKAMI
The Japan Times, Sep 19, 2018 (excerpt)
https://www.japantimes.co.jp/community/2018/09/19/how-tos/japans-nationality-act-really-mean-dual-citizens/

How many Japanese citizens hold multiple nationalities?

The Justice Ministry confirmed to The Japan Times in April that some 890,000 are in a position to be dual nationals, according to data from local municipalities from the years 1985 to 2016. This number includes those who have declared or forfeited Japanese citizenship, as well as those that are assumed to have multiple nationalities based on their birthright.

Has anyone been stripped of their dual nationality by the Japanese government?

There have been no reported instances of dual nationals by birth having their citizenship revoked.

In April, the Justice Ministry confirmed to The Japan Times that the justice minister had never issued a warning to a dual citizen by birth to decide upon one nationality, meaning that no such dual national has ever been stripped of their Japanese citizenship under Article 15 of the Nationality Act.

This lack of enforcement is a fact that Okuda says is often overlooked.

“For athletes like Naomi Osaka, the newspapers write under the impression that she must choose a nationality,” he said, “but many people do not know that (the Justice Ministry) has never warned people (for not declaring one nationality), although in the past the Justice Ministry has reportedly mailed the children from international marriages a notification about the obligation to declare one nationality.”

However, for those who have naturalized to other countries, there have been a few reported cases of citizens being stripped of their Japanese passport.

The Nationality Act states that Japanese citizens who naturalize to a foreign country will automatically lose their Japanese nationality upon obtaining foreign citizenship.

Full article at https://www.japantimes.co.jp/community/2018/09/19/how-tos/japans-nationality-act-really-mean-dual-citizens/ 

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Senaiho Case against Yamanashi City for “Hair Police” school bullying: A very rare victory for the Plaintiffs! (UPDATE: Full court decision attached)

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Hi Blog.  I’m still on writing hiatus (except for my monthly SNA columns) after the release of my Second Edition of “Embedded Racism” (Meanwhile, Debito.org Readers are contributing noteworthy articles to the Comments Sections of the Debito.org Newsletters.)

But let me emerge to report from Senaiho, on his case of school bullying against his multiethnic daughter in 2018.  We’ve covered it for years on Debito.org (original Senaiho post here, then Updates One, Two, ThreeFour. and Five), and it’s gone from a criminal case against his daughter’s assailants (which Senaiho lost last May 2021) to a civil case against the authorities (for mental duress from official negligence).  After three years of this rigmarole, we’ve just heard that he won the civil case.  His briefing follows.

UPDATE DEC 15, 2021:  Here is his full court decision text, redacted.  PDF.  23 pages. Click on:  SenaihoHighCourtDecision2021

Although the court award is a pittance (it almost always in the cases of racial discrimination), it still holds the authorities culpable.  Congratulations on setting another positive precedent, Senaiho and family!  Debito Arudou, Ph.D.

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

From: Senaiho
Subject: Judgment in our case against the city of Yamanashi
Date: November 30, 2021
To: “Debito Arudou Ph.D.” <debito@debito.org>

Hello Debito,

We finally have it. I am sorry it was not in time to be included in the latest edition of your excellent book. Maybe next time.

In the final judgment in our civil case against the city of Yamanashi and the school system, the court awarded 110,000 yen to us, the plaintiffs. A bitter/sweet, long and hard fought victory.

First the positives. Any judgment against a public entity in Japan is almost unheard of. In 99% of the cases of suits brought against a public entity, the private party almost always loses. It is so rare that the government does not even keep statistics on it, and they keep statistics on everything. There really is no point of reference for those not familiar with the legal system in Japan. It is hard to even find anything to compare it with in other countries, especially the US, where everybody sues everybody. The reason for this is because the court and everyone who works at and for them are all public officials themselves. To render a judgment against another public entity would be akin to shooting oneself, so to speak. This is also why judgments are always a pittance against any public official in Japan in the rare cases where there are any.

In the brief of the judgment the court found the teachers/school and city of Yamanashi liable for the damages of cutting our daughter’s hair. There are laws against doing this, the history of which I will not go into. It vindicates us as parents, who were put to public shame and blamed for the fact that our daughter was bullied. She also received some satisfaction for having been teased to the point of desperation that resulted in her unable to attend school for several years while receiving treatment. It also vindicated her from the some of the extensive damage to her self-esteem. Unfortunately, these scars she will most likely carry for the rest of her life. No mention was made of the root causes of her having her hair cut; racism and abuse against her for the sin of being born from a mixed racial couple.

Our lawyer gets to celebrate a rare victory for any legal professional in Japan. A judgment of any kind against a public entity will most likely propel him into the rare air of lawyers in Japan who have won judgments against public officials. He will most likely get appointed to various prestigious committees and professional elite boards. A boost for his career. Good for him.

The downside of our small victory is that it is small. One judgment in a regional court in Japan changes nothing really. There will be some media coverage for a little while. After that dies down, the bullies will continue to bully, the racists will continue to rant, and the public officials will continue to cover up their culpability. The amount of the judgment itself is an insulting pittance, and does nothing to deter anyone from the actions that caused it. It is just a spit in the street for public officials who have no personal skin in it anyway. They get to go on with business as usual. We get to pick up the pieces of our lives. Unless the city of Yamanashi appeals the judgment (actually I kind of hope they do) we get to carry on, older but wiser? Hmm, not sure about the wiser part.

Thank you again to everyone here at Debito.org who supported us with your encouragement and prayers.

Senaiho

The bullying haircut, as demonstrated in court by Senaiho.  Image courtesy of Bunshun and Senaiho.

The bullying haircut as demonstrated in court

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My SNA VM28: “Japan’s Fast Breeder Reactor of Racism.” Summarizes book “Embedded Racism” First and Second Editions, Nov 22, 2021

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Hi Blog.  my Second Edition of “Embedded Racism in Japan” (Lexington Books, 2022) has just come out, and I summarize both editions in my latest Shingetsu News Agency “Visible Minorities” column.

Since the First Edition is probably well-known by frequent readers of Debito.org, let me excerpt the new arguments of the Second Edition.  Read the whole SNA column for the full context.  Debito Arudou, Ph.D.

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

Visible Minorities: Japan’s Fast Breeder Reactor of Racism
SHINGETSU NEWS AGENCY, NOV 22, 2021 by Debito Arudou
https://shingetsunewsagency.com/2021/11/22/visible-minorities-japans-fast-breeder-reactor-of-racism/

(Excerpt) In my new Second Edition of Embedded Racism (2022), I’m now arguing that Japan’s long-ignored racial discrimination undermines the rest of the world, especially its liberal democracies, because Japan is in fact a fast-breeder reactor of radioactive racism.

Since the end of World War II, the capitalistic side of the world, particularly the United States, willfully ignored and indulged Japan’s explicit expressions of racial and ethnic superiority. After all, the conservatives of the world would rather Japan be right-of-center and anti-communist. So they funded conservative governments and offered favorable access to international markets, ensuring that Japan got rich and deferential.

For what do the conservatives care if Japan violates its human rights treaties or inflames regional tensions, through historical denialism and the arrogance of racial superiority? As long as Japan keeps hosting the bases, buying the weapons, and acting as America’s unsinkable aircraft carrier in Asia, they have in them a harmless and controllable ally.

Except that it’s not. Here’s where the chickens come home to roost.

One axiom in this field of study is that if you ignore racism, it spreads. Bigots exist in every society, and if they realize they can get away with discriminating against people, they’ll gleefully do it, especially if they have templates to follow.

Japan offers those templates… In short, embedded racism has made Japan into the world’s template “ethnostate.”

That is to say, to numerous white supremacists worldwide, Japan is the model for a society organized along beliefs of its own ethnic purity. As one of the richest and most-respected countries in the world, Japan, unlike other rich countries, has prospered while keeping minorities and migrants to a minimum…

The conclusion is that my second edition of Embedded Racism is a clarion call for liberals and progressives to wake up, and get ready to defend democracy from the ethnocentrists. Fight with all your might the fiction that the way to deal with a race problem is to exclude and cleanse races from your society. That’s the Japan template. Don’t let it be yours.

Again, if you leave discrimination alone, it spreads. Leaving Japan alone to practice its embedded racism has finally reached the point of blowback. It’s time for a new set of templates to fight racial discrimination in the world, including and especially Japan’s.

Overseas policymakers should also be ready to make Japan take responsibility for what it’s wrought upon the world. It’s time to pressure the Japanese government to observe its treaty promise to the United Nations more than 25 years ago—passing a law against racial discrimination—and begin the process of enfranchising its minority voices.

That includes doing more than just scolding or issuing strongly worded letters. I suggest putting pressure where Japan’s elites care—limiting access to overseas markets. Or else Japan will remain a fast breeder reactor of racism irradiating the rest of the democratic world.

EXCERPT ENDS.  Full article at https://shingetsunewsagency.com/2021/11/22/visible-minorities-japans-fast-breeder-reactor-of-racism/

If you are interested in reading the fully revised and updated Second Edition, please download this publisher promo flyer (with discounts), take it to your local library, and have them order a copy. Then you can borrow and read it for free.

http://debito.org/EmbeddedRacism2ndEdFlyer.pdf

======================
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Debito’s SECOND EDITION of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, 2022), fully revised and updated, now on sale

mytest

Hi Blog. The new SECOND EDITION of “Embedded Racism” (Lexington Books, 2022), completely revised and updated with 100 extra pages of new material, is now on sale.

Information site outlining what’s new, with excerpts and reviews, and how to get your copy at a discount at

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

(Or you can download a flyer, take it to your library, have them order the book, and then borrow it for free at EmbeddedRacism2ndEdFlyer)

Read a sample of the book on Amazon here.

Front Cover:

Full cover with reviews:

Debito Arudou, Ph.D.

My SNA VM27: “The Bright Side of Japan’s ‘Culture of No’.” Surprise! Debito has something positive to say about Japan. Oct 18, 2021

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Hi Blog.  As I am swamped with preparations for the release of my next book, here is a human-interest essay on Japan where, surprise!, I say something positive about what I learned from Japan about how to cope with the adversity of the global pandemic.  Enjoy.  Arudou Debito, Ph.D.

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

Visible Minorities 27: The Bright Side of Japan’s “Culture of No”
Surprise! Debito has something positive to say about Japan.
Shingetsu News Agency, October 18, 2021
By Debito Arudou

https://shingetsunewsagency.com/2021/10/18/visible-minorities-the-bright-side-of-japans-culture-of-no/

SNA (Tokyo) — As the pandemic stretches into yet another season, the media is starting to assess how Covid is changing the world permanently. At least one pundit has called the situation “epochal,” with the ever-rising worldwide death toll causing disruptions to politics, government, economics, and social life in general. It’s no longer a matter of just getting everyone vaccinated and then everything going back to normal: for the foreseeable future, we’ll have to accept some form of deprivation as the new normal.

Some countries are coping with deprivation (or at least a deferred gratification) less well. The United States is a good example. Despite being one of the most advanced economies and developed civil societies in the world, it has botched the pandemic badly–and it is not only because the previous president was willing to sacrifice hundreds of thousands of people to maintain his power. It’s also because of a design flaw deeply embedded in America’s national psyche.

American society is oddly susceptible to charismatic frauds posing as leaders, inept at everything except the uncanny talent of playing off social expectations framed as “freedoms”: 1) “freedom from want” (i.e., in a land of plenty, you should be able to get whatever you want); and 2) “freedom from being told what to do by government” (better known as “liberty,” where, as long as it’s not specifically illegal, you should be able to do whatever you want).

Consider how Covid has devastated American expectations. In terms of want, supply chains worldwide have broken down, meaning Americans have had to defer consumer gratification in places where it hurts, from toilet paper to used cars to sudden exorbitant rents. In terms of government nonintervention, the audacity of a national vaccine mandate demanding people get a Covid shot is being denounced as “tyranny.” Not all societies have reacted like this…

This is where Japan comes in.

At a time of historic stressors around the globe, I realized that my decades living in Japan have come in handy. In fact, Japan has been an excellent training ground for deprivation and deferred gratification. They seem to lack the ability to keep things in perspective, particularly the one I gained from living under Japan’s “Culture of No.”…
=============================

Read the rest before it goes behind paywall at https://shingetsunewsagency.com/2021/10/18/visible-minorities-the-bright-side-of-japans-culture-of-no/

Or read it anytime by subscribing to SNA and supporting your local progressive journalism for about a dollar a week!

======================
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Mainichi Editorial: Foreign workers would also serve roles as consumers, taxpayers. Bravo. It needs to be said by somebody in the Wajin media

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Hi Blog.  I just uncovered this post sitting in my Drafts folder for the past couple of years.  It is eminently sensible and needs to be said by somebody in the Wajin Media, not just here repeatedly on Debito.org. Let’s put it up.  As submitter JK says:

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

The article below is a nice change: imagining 外国人 as not just 労働者 but also 消費者 and 納税者.

Of course it would have been great if the article had gone a bit further (i.e. 可能な日本人としての役割), but baby steps I guess? –JK

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

Editorial: Foreign workers would also serve roles as consumers, taxpayers
http://mainichi.jp/english/articles/20181109/p2a/00m/0na/018000c

November 9, 2018, Mainichi Shinbun

Important viewpoints are apparently lacking in discussions on accepting more foreign workers to Japan. The discourse treats foreigners only as a “workforce” to alleviate labor shortages, and fails to shed light on a variety of other roles they can play.

Boosting the workforce is a vital challenge for the Japanese economy. Seeking people from overseas when labor-saving measures alone are not enough is a natural response to the reality.

But foreigners working in Japan can contribute more than labor to Japanese society. This point should not be overlooked.

First of all, they are also consumers.

The rapid depopulation of the Japanese workforce, which forms the core of household consumption, can cause national demand to shrink and drag down economic growth.

Greater use of artificial intelligence (AI) may ease labor shortages to a certain extent, but AIs do not eat or drive cars.

Foreign workers will push up housing and educational spending, like Japanese households do, when they live in Japan with their family members for longer periods of time.

Moreover, their wide-ranging needs can be expected to create new products and services and even lead to new jobs.

Another important role that foreigners can play is paying taxes. They pay income tax when they work, and they shoulder the consumption tax as Japanese do in the course of their daily lives.

A look at the United States gives insight in the situation. According to the New American Economy, a multipartisan organization studying and making proposals on immigration issues, the combined disposable income of people who came from overseas topped almost 100 trillion yen in 2014, making up for 14.3 percent of total households in America. The ratio was higher than the percentage of people born outside the U.S. at 13.2 percent.

This population group pays some 37 trillion yen in federal, state and local taxes. This amount is as large as the combined revenue from Japan’s income and consumption taxes in fiscal 2017.

We should discuss which choice we want to make — hiring young single workers on an ad hoc basis, or inviting long-term settlers with family members to increase their income and spending.

If we choose the second option, we need to make necessary preparations, and make corresponding commitments. This means exploring ways to benefit both foreign workers and the Japanese economy.

Japanese version

就労外国人 多面的な役割 消費者、納税者としても
http://mainichi.jp/articles/20181109/ddm/005/070/030000c
社説
就労外国人 多面的な役割 消費者、納税者としても
毎日新聞2018年11月9日 東京朝刊

外国人労働者の受け入れ拡大に関する議論には、重要な視点が欠けているようだ。外国人を人手不足対策の「労働力」としてしか語らず、それ以外のさまざまな役割にあまり光を当てていない。

もちろん日本経済にとって、労働者の補充は喫緊の課題だ。省力化を徹底してもなお足りない人員を国外に求めるのは、自然な流れだろう。

しかし、国内に生活の拠点を置いて働く外国出身者は、労働力以上のものを日本経済にもたらす。この点を軽視すべきでない。

まず、消費者としての役割だ。

消費活動の中心でもある現役世代の人口急減は、需要の縮小につながり、経済成長の足かせとなる。

人工知能(AI)の活用で人手不足をある程度和らげることができたとしても、AIは外食をしたり、電車に乗ったりはしない。

外国人労働者が家族とともに長く日本で生活することになれば、日本人の世帯と同じように住宅や教育関連の消費も増えるだろう。

さらに彼らの多様なニーズに対応した商品やサービスが生まれたり、それが雇用の創出につながったりすることも期待できそうだ。

もう一つの主な貢献として、納税者の役割がある。働けば所得税を納めるし、生活の中で消費税も我々と同じように負担する。

米国の場合をみてみよう。移民問題の研究や提言を行っている超党派団体、ニュー・アメリカン・エコノミー(NAE)によると、外国出身者の世帯の可処分所得は2014年時点で約100兆円にのぼり、米国の全世帯の14・3%を占めた。全人口に占める外国出身者の比率、13・2%を上回る。

納税者としては、連邦政府向けと州政府など地方行政向けを合わせ、約37兆円の貢献をしている。昨年度の日本の所得税と消費税の税収を合わせた額に匹敵する規模だ。

若手の単身者を頭数として場当たり的に利用しようという発想と、家族を伴う定住者に所得を増やしてもらおうという発想のいずれを取るか、議論すべきである。

後者を選ぶのなら、そのための準備と覚悟が必要になる。外国人労働者と日本経済の双方が得をする道を模索する、ということだ。

ENDS

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

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Senaiho’s final update on Yamanashi School Bullying Lawsuit: They basically lost, because bullying is an “expected and normal” part of Japanese Education (UPDATED with full court decision text)

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Hi Blog. Speaking of treatment of Visible Minorities in Japanese school textbooks, here is the final update on one of Senaiho’s lawsuits against the bullies who made her feel like dropping out of school in 2018. (Previous Senaiho posts: Original here, Updates One, Two, Three, and Four.)

Senaiho’s family lost, in that the court acknowledged bullying happened, but no compensation for mental suffering was warranted because nobody died or was seriously injured. Bullying is a natural part of Japanese Education, you see, so gaman gaman. It’s only fun until somebody loses an eye.

Conclusion follows:

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

From: Senaiho
Subject: Judgement Update
Date: May 6, 2021
To: “Debito Arudou Ph.D.” <debito@debito.org>

Hello Debito,
Here is an update of our case. Use it wherever you see fit with our permission. Thanks again for everything.
Senaiho

Update on Senaiho Judgment in The Bullying Case

We received a judgment from the Yamanashi Circuit Court in our case against the bullies of our daughter resulting in the school cutting her hair and her dropping out of school. In a Readers Digest version of the judgment, we lost. The court ruled that while recognizing the fact that bullying was present, it did not amount to enough abuse that would merit awarding any damages. A certain amount of teasing is expected and a normal part of the Japanese educational system, in the court’s opinion, so zero amount is awarded.

There is no hiding our disappointment in this judgment, so I won’t try to white-wash it. It sends the message that it is OK to bully others for whatever reason in Japanese education, as long as there are no serious physical effects, such as severe injury, death, or suicide. There was no mention whatsoever of anything related to racial motivations in our case.

There is the option of appealing, but after consideration of all the factors, while there is some moral support to appeal from others who have endured abuse by classmates (and teachers) in the Japanese education system, appealing our judgment would have no benefit to anyone following in this direction, we feel. While there are laws that apply to abuse regarding the Japanese education system, at least in our case, they are not given merit as far as Japanese legal and social welfare is concerned. The decision to follow up legally is a dead end in our opinion. We know of some situations where in a lack of legal justice, the victims have taken matters into their own hands, and while it is easy to understand their feelings, it is not a road we wish to go down.

Also in light of the effects of further legal actions on the mental well-being of our daughter, along with the financial drain of it, we have decided not pursue this any further. We still have the case against the city of Yamanashi pending and we will be focusing our remaining energies on this until its conclusion. Thank you again for your support and well wishes. Senaiho

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

Yet, as Senaiho noted in his Original Post to Debito.org in December 2018:

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

According to Guidebook of School Dispute Resolution by Kamiuchi Satoru, pg 216-217, The legal responsibilities of compulsory education in Japan are:

There shall be:

1. No provision of reasonable consideration based on developmental disability support law, disability discrimination prevention law

2. No response to bullying, contrary to the ordinance such as bullying prevention measure promotion law, Yamanashi city bullying countermeasure contact council, etc.

3. No School accident judgment incompatible and not pursuant to the “Ministry of Education, Culture, Administration” guidelines on response to school accidents.

What this legalese means in real life, is that the onus is legally completely on the school to make it safe and secure for every student to attend, including making any accommodations for special needs like attention deficit disorder, special training, or bullying awareness, really anything that would hinder any student from being able to participate in their education…

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

Yamanashi District Court disagrees. So much for expecting the judiciary to help.

Here is the redacted lawsuit decision in its entirety.

Senaiho404判決

Debito Arudou, Ph.D.

======================
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Problematically racialized Education Ministry-approved primary-school “Morals” textbook: “Shōgaku Dōtoku: Yutaka na Kokoro 1-nen” (Kōbun Shoin, 2020)

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Hi Blog. We’ve talked numerous times before about GOJ-approved (and other) textbooks in Japan’s primary education (particularly in regards to teachingmorals“), and their issues with racializing “foreigners” and people of diversity in Japan. Here’s the latest version in a new textbook, from Debito.org Reader XY, who is facing an uphill battle in teaching his young child how to view diversity in society. Debito Arudou, Ph.D.

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

From: XY
Subject: Problematic depictions of race in a dōtoku textbook for first graders
Date: April 26, 2021
To: Debito Arudou <debito@debito.org>

Hi Debito,

Today I’m contacting you because I’ve to share something problematic concerning the dōtoku (morals) class taught in Japan’s schools. My child just entered primary school and because of the questionable reputation the dōtoku class gained during the last two decades, I put the dōtoku textbook under scrutiny. As I suspected it didn’t disappoint me and provided two sections I find highly problematic when it comes to race images and relations in Japan.

But first I want to provide the bibliography of the textbook in question.

Shōgaku Dōtoku: Yutaka na Kokoro 1-Nen, Tokyo: Kōbun Shoin, 2020 (“Primary School Morals:  Having a Heart Full of Plenty, Year One”, approved by MEXT in 2019) (click on images to expand in browser).

The first two photos are of the cover and the imprint, including a list of authors.

And now to the two problematic sections I found.

The first one stretches from pages 26 to 29.




It shows a story of a lumberjack who lost his axe in a pond. A goddess appears from the pond, shows him a golden axe, and asks him if it’s his one. He declines. Next, she brings him a silver axe, but he declines again saying that his axe is made of iron. The goddess is impressed by his honesty and gives him his iron axe together with the golden and silver ones as reward for his honesty. The neighboring lumberjack hears what happened, gets envious, and wants those precious axes, too. He goes to the pond and throws his axe into the pond on purpose. The goddess appears and offers him a golden axe. The envious lumberjack immediately claims that this is his lost one, but the goddess knows that it’s a lie and disappears, leaving the envious lumberjack without any axe. The textbook then asks the pupils how they feel about the behavior of the envious, lying lumberjack.

The story is a classic and the questions raised are fair enough, but I think the depiction of the characters is literally begging for criticism. The goddess is obviously modelled after something stereotypically Ancient Greek, but that’s not a big deal. To me the problem lies within the looks of the two lumberjacks. While the honest one could pass as an ordinary J-salaryman if you draw him in a suit, the dishonest one looks like a stereotypical Western lumberjack, complete with a very pronounced large nose to convey the “proper” racial stereotype of a white person to first graders. Not very flattering.

The second problematic section stretches from pages 100 to 103.




It deals with a blonde, white foreign girl called Emma from Australia transferring to the class of the protagonist. But if you go on and read the text, you’ll quickly find out that this “foreign” girl (and the text blatantly says gaikoku no hito) from Australia is actually a “hāfu”, having an Australian father and a Japanese mother (tick the box for the stereotype of a white man marrying a J woman).

So, the girl isn’t a gaikoku no hito, at all, but would have Japanese citizenship by bloodline through her mother in the real world. A barefaced, unjust gaijinization of a certain type of birthright Japanese. The story goes on with the description how Emma marks correct answers (with a check rather than the Japanese circle) emphasizing differences and that Emma is not able to speak Japanese properly, yet (tick box for the next stereotype about “foreigner’s” language skills). The story concludes with the typical anticipation of the Japanese girl – the protagonist – looking forward to converse with Emma in English after the start of English classes.

I identified three major problematic points in total:

  1. Gross gaijinization of a birthright Japanese just because of having a foreign father instead of doing the morally correct thing and teach that the so-called “hāfu” are as Japanese as any “pure” Japanese.
  2. The claim that Emma is bad at Japanese because of her “foreignness”, which can easily proliferate the stereotype that “foreigners” can’t speak Japanese (properly), even if they have a Japanese parent (and therefore aren’t gaikokujin (or gaikoku no hito, wording that is more about origin than legal status) in the first place).
  3. A strong focus on differences rather than similarities as human beings no matter what race someone belongs to.

Overall an extraordinarily poor example, sidelining mixed-race Japanese to gaikokujin status and planting this legally false and socially outdated idea into the minds of first graders. A G7 member should do away with the proliferation of such bs. It’s 2021, not 1921.

In conclusion, I think that these two texts sneak in stereotypes into the minds of Japanese first graders that are detrimental to foreigners and international (racially diverse) Japanese. The first one subtly conveys a “foreigners can’t be trusted” kind of message, the second one treats legal Japanese with international heritage as genuine gaikokujin and overemphasizes differences over similarities, and also proliferates the obnoxious gaikokujin = blonde eigojin stereotype.

Best regards,
XY

======================
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SNA Visible Minorities 21: “A Retrospective on 25 Years of Activism”, April 19, 2021

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SNA — I’ve been involved in activism in Japan for many years. Indeed so many that my online archive of work, Debito.org, just turned 25 years old last week. With that in mind, I’d like to devote this column to a retrospective of the past quarter century: What, if anything, has Debito.org contributed to help make conditions for Non-Japanese residents and Visible Minorities better?

Debito.org first went live on April 15, 1996, during the earlier days of the World Wide Web, as a means to respond to online bulletin board critics. When topics came up over and again, I’d just archive a previous essay on Debito.org and send a link. After a couple hundred essays were organized into general information sites, Debito.org became a platform for issues involving foreign residents of Japan.

The first major issue I took up was “Academic Apartheid” in Japan’s universities. This is where all Japanese full-time faculty were granted contract-free tenure from day one of employment, while all foreign academics, despite many being better qualified than their Japanese counterparts, got perpetual ninkisei contracts (some of them term-limited) without the opportunity for tenure.

I discovered a “smoking gun” one day in my university mailbox: A paper directive from the Ministry of Education encouraging national and public universities to fire their older foreign professors by not renewing their contracts. I scanned it, archived it, and sent a link to prominent advocates like Ivan P. Hall (author of Cartels of the Mind) for further exposure. It turns out that a government demanding their universities axe all their foreigners over forty is state-sponsored discrimination, and it blew up into an international issue that even then-US Ambassador Walter Mondale took up.

All of that information is still up on Debito.org today, and it turns out that a permanent archive that is searchable, citable, with context and without paywall, is a valuable resource, especially as many unscrupulous people would rather have a history of their actions and policies disappear into the ether. Once archived on Debito.org, it didn’t. Soon other issues on Debito.org garnered national and international attention, even generating public policy movements…

Rest is at http://shingetsunewsagency.com/2021/04/19/visible-minorities-retrospective-on-25-years-of-activism/

======================
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April 15 2021: Debito.org celebrates 25 years of existence! Here’s to another 25 years! A brief retrospective.

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Hi Blog. I’m pleased to announce that Debito.org is celebrating its 25th birthday today!

Yes, as far back as April 15, 1996, Debito.org first went live as an archive of my essays written for a long-dead open listserv called the “Dead Fukuzawa Society”, founded by acolytes of the late Chalmers Johnson who believed, like Fukuzawa Yuukichi, of the “Fukoku Kyouhei” (Rich Country, Strong Military) slogan, that Japan had a lot to learn from overseas practices to make one’s country stronger (as did Chalmers Johnson, who believed that the US needed to learn from Japan’s Industrial Policy and mercantilist practices).  Much debate ensued at DFS, and when I realized that my some of my responses to critics were retreading ground I’d written before, I archived them on Debito.org and just sent links.  Some of my most interesting (and fresh) early essaywriting is still up on Debito.org (the website, not this blog section, which will incidentally also be celebrating its 15th birthday on June 17th), including “Issues of Education for Young Families“, “Debunking Myths about Japan,” “Cultural Quirks and Esoterica“, “Dai-san Sector and corruption in my little town“, “Driving in Japan“, “Japan Cycletreks“, and even funny essays (yes, humor from Debito!).

Things have changed for better and for worse, and I’d like to think Debito.org had a hand in promoting the “for better”.  We’ve broken major international news stories, including the Otaru Onsens Case, Trade Barriers and the Dr. Tanii Suicide, the embedded racism of the 1995 Kobe EarthquakeNinkisei Academic Apartheid in Japan’s Universities, Japan’s Racial Discrimination covered by the United Nations, Ministry of Justice foreigner “Snitch Sites“, discrimination at Japan World Cup 2002, racist “foreign DNA” crime research at the National Police Agency, “Tama-chan” sealion and the Juuminhyou, and more listed at our “Activists’ Page“. Debito.org’s archives have also been a launching pad for books, hundreds of newspaper articles and columns, and cited research papers.  Thanks in part to Debito.org (as opposed to all the other information in the academic canon dismissing Japan’s racial discrimination as “ethnic discrimination”, “foreigner discrimination”, and “cultural misunderstandings”), Japan is no longer claiming with a straight face that racism doesn’t exist. Some are even coming to the conclusion that we need actual laws against racial discrimination (now more than 25 years after signing UN international treaty promising to eliminate it).

In fact, look at this Asahi Shinbun article, dated April 11, 2021, courtesy of KM:

Quick, rough translation by Debito (amendments welcome from Debito.org Readers):

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

THE LACK OF A COMPREHENSIVE LAW FORBIDDING DISCRIMINATION

Asahi Shinbun, April 11, 2021

The UN, recognizing that ignoring human rights leads to the barbarity of war, issued proclamations guaranteeing human rights and the elimination of discrimination in its UN Charter (1945) and the Universal Declaration of Human Rights (1948).  Other agreements, such as the Convention on the Elimination of All Forms of Racial Discrimination (1969) Convention on the Elimination of Discrimination against Women and Children (1981) also demands that signatories pass laws forbidding discrimination.

Japan has also looked back on its wartime past, and established in the Japanese Constitution that basic human rights are inviolable rights, and all Japanese people (kokumin) are equal before the law and should not suffer discrimination.  However, despite specific definitions about discrimination outlined in various UN treaties, Japan still has not made a law with comprehensive definitions against discrimination.

Instead, Japan has put into effect full-scale laws against discrimination against the forceful assimilation of minorities and worked towards the improvement for conditions of Burakumin enclaves.  It has also worked towards the education and enlightenment of the public in order to resolve psychological abuse.

Under the Abe Administration, instead of addressing all forms of discrimination, it took a case-by-case approach with the Law to Eliminate Discrimination against the Handicapped (2013), and laws against hate speech and Burakumin discrimination in 2016.

However, the three laws above do not include penalties for carrying out discrimination, stopping at the idealistic “this cannot be done” and “it will not be permitted”. This is due to exceptions being made under guarantees of freedom of speech in the Constitution, given a background of reservations expressed by constitutional experts about “arbitrary restrictions by government regarding speech and expression in places like public demonstrations.”

Editorial Department, Kitano Shouichi

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

COMMENT:  I would argue that this dialog in a major newspaper, acknowledging the need for a “comprehensive law” against discrimination with penalties, would not have been possible in the 1990s before Debito.org. We constantly pointed out that racial discrimination was happening to Visible Minorities in Japan, and a landmark court case (the above mentioned Otaru Onsens Lawsuit) firmed up judicial precedent that racial discrimination (jinshu sabetsu), as rendered, would appear in court documents as an incontrovertible fact of the case. Granted, no mention was made of Non-Japanese and Visible Minorities in Kitano’s essay.  But the word “comprehensive” (houkatsuteki) would arguably include that.

That’s where the work of Debito.org lies for the next 25 years — getting a law against racial discrimination, with penalties, on the books.  I hope you will join us in keeping the record alive and updated as we keep pushing for a Japanese society more tolerant and accepting of diversity.  Japan’s inevitable multiethnic future depends on it.

Debito Arudou, Ph.D.

Founder, Debito.org 

PS. Debito.org Readers, would you put something in the Comments Section about how Debito.org has been of use to you?  Thanks!

======================
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Weird new Govt term to firewall naturalized and mudblood Japanese off from “real” Japanese: “Honpougai Shussinsha”: racist AND patriotic, ironically found on Justice Ministry’s Bureau of Human Rights site

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Hi Blog.  In anticipation of Japan becoming a less avowedly monoethnic society over time, what with international marriages, more Visible Minorities becoming prominent, and naturalized citizens, the Powers That Be are coming up with new terminologies to keep a firewall between the “real” pure-blooded Japanese and the mongrels.  We’ve had the “Mixed-Blood Children Problem” (Konketsuji Mondai) as a Postwar Japan issue for policymakers to “fix”, the offsetting epithet “Haafu” for generations, and recently the official term “Gaikokujin Shimin” used throughout Japan’s local government offices and ministries to lump anybody (including Japanese citizens, born and naturalized) into the “foreigner” category if they have any foreign connections. (Official definition of GS: “In addition to people with foreign nationalities with an address within [our jurisdiction], this includes people like those who obtained Japanese citizenship, children born from international marriages, people with foreign cultures in their backgrounds, and people who have foreign roots.”)

Not to be outdone, creative purists are coming up with new terms.  Check out this screen capture from a Ministry of Justice site (courtesy of CJ, click to expand in browser):

From http://www.moj.go.jp/JINKEN/jinken02_00025.html.

Check out the first word of the message: “honpougai shusshinsha” (本邦外出身者) , or “people originating from outside our homeland state”.

Yes, that is being used by the Justice Ministry’s Bureau of Human Rights (Jinken Yougo Kyoku) website, and this fresh, new term creates another (this time very nationalistic) definitional line a non-Wajin cannot cross. After all, “shusshin” (origin) is something you’re born into, and a new legal status (such as a new citizenship) cannot change it.  Even naturalized Japanese (such as sumo wrestlers) are forever stuck with “gaikoku shusshin” in official categorizations.

But note the invective this time.  It’s not even “nippongai” (outside Japan) or “kaigai shusshin” (overseas origin).  It’s “Honpougai” (outside the real homeland of Japan), adding a “motherland/fatherland/our country” patriotic flavor.

Finally, note the occasion for using it: “Kokusai jinshu sabetsu teppai dei ni muketa jinken yougo kyoku kara no messeiji” (A message from the Bureau of Human Rights on the International Day for Eliminating Racial Discrimination).  Wow, TPO.

COMMENT:  I’m actually not all that shocked that this is coming from the MOJ BOHR. We’ve talked about them many times on Debito.org (see for example here, here, here, here, here, here, and here)  It’s an organization technically assigned to investigate and defend our human rights in Japan, but it is in fact a Potemkin system. It has no enforcement powers (as they will tell you in every conference you have with them), only existing to deflect international criticism of Japan’s human rights record. Remember this the GOJ agency that actually violated UN Treaty on racial discrimination (CERD), specifically advising the City of Otaru during the Otaru Onsens Case that passing legislative measures to eliminate racial discrimination were “okay if necessary”, and that “there would be no penalties” for not doing so. Lest we forget, here’s the actual document about it, courtesy of the Otaru City Government:

(From Arudou Debito, “Japanese Only” 2nd Ed. in Japanese, all editions in English.)  

This is how the GOJ will delay the erosion of Japan’s ethnostate by the mudbloods and interlopers for as long as possible. Debito Arudou, Ph.D.

======================
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“Foreign nationalities OK” apartments bin at Century 21 Saitama realty, and “We’re sorry about our foreign staff’s language & cultural barriers” notice in Family Mart Kyoto (SECOND UPDATE with answer from Century 21 Japan)

mytest

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Hi Blog. One important job Debito.org has been undertaking for more than two decades is the cataloging of “Japanese Only” exclusionary signs (and in this case, signs that also publicly denigrate foreigners), to make sure that evidence of Japan’s racial discrimination does not disappear into the ether. Starting with the Rogues’ Gallery of Exclusionary Establishments , the Debito.org Blog you’re reading now is also putting up cases we receive from Debito.org Readers spotting them about town.

It’s important to do this so that everyone can see that this is an ongoing issue. Racists and xenophobes can put up these signs and notices because they are not illegal. Japan has no law against racial discrimination, the only one of the G7 developed countries, and now more than a quarter century after signing the UN CERD (in 1995, where it promised “without delay” to take all measures, including laws, to eliminate racial discrimination), Japan still has not and will not. Let’s put up another treaty violation, shall we?

And please feel free to send me more: debito@debito.org. In addition to the Rogues’ Gallery, the Debito.org Blog’s past record of “Japanese Only” signs and rules is here. Debito Arudou, Ph.D.

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

Place: Century 21 Realty Saitama Kawagoe Ekimae (Century 21不動産、川越駅前, 埼玉県川越市脇田町105) March 28, 2021, Submitted by ARW, who notes “The photo of the staff was taken after I called their attention to the ‘box’.”

Comment: How nice of an American company to play by Japanese rules by assuming the default for rentals is “Japanese Only”, with a special box that “foreign citizenship OK”.  Not the first time I’ve seen this.

Anyway, I’ve contacted Century 21 USA to report this issue as discrimination.  (Oddly, there was no option to select “Japan” under their list of countries they do business in.)

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

Place: FamilyMart convenience store, Kawaramachi-Takoyakushi
295 Narayacho, Nakagyo Ward, Kyoto, 604-8033
075-229-6322

On Jan 17, 2021, RM says: I saw this just now and thought you should have a look. Found that little nice racist notice on the entrance door on a Famima in Kyoto Kawaramachi. Basically says “I deeply apologize for troubling you with my foreigners” in essence. Unbelievable.

The sign says (Debito’s translation):  Regarding the foreign staff at this branch:  We have a large number of foreign staff at this branch. Customers may find their language and cultural barriers to be a nuisance. Employing them was at our discretion, and we are sorry for the inconveniences.  We will soon be focusing our efforts on coaching staff in the proper manners for Japan’s customer service. Your understanding and forbearance would be much appreciated.  BRANCH MANAGER.”

Comment:  Wow, how arrogant and dehumanizing. Please cue the shakuhachi soundtrack before you teach your foreign minimum-wage workers how to unlock the “Secrets of the Orient” — to overcome foreigners’ presumed “language and cultural barriers” interfering with proper “Japanese customer service” in a konbini!   I wonder what happened to inspire the Manager to put up a notice publicly shaming his pet foreigners? (And for the record, I’ve seen plenty of taciturn, indifferent, and unmannerly Japanese staff working for next to nothing in Japanese convenience stores; would I have gotten a sign up if I’d reported their lack of “Japanese manners”?)

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

UPDATE: CENTURY 21 USA answers:

Begin forwarded message:

From: C21 Customer Relations <CustomerRelations@century21.net>
Subject: FW: Complaint notification email (Consumer: Debito Arudou)
Date: March 28, 2021
To: “debito@debito.org” <debito@debito.org>

March 28, 2021

Debito Arudou
debito@debito.org

Dear Debito Arudou:

Thank you for contacting Century 21 Real Estate LLC. We received your complaint involving your experience with CENTURY 21 Japan.

While the goal of all CENTURY 21® franchise offices is always to meet and exceed the customers’ expectations, we recognize that there may be circumstances where any office or salesperson can fall short of expectations or where the parties may not communicate perfectly. As the franchisor of the Century 21 Real Estate System, we ask CENTURY 21 affiliated brokerage offices to address consumer complaints respectfully and promptly to protect the goodwill of our service marks, but as independently owned and operated businesses, the franchisee must handle any complaints or issues directly with the consumers. Accordingly, Kunihiro Osada the franchisee, is the appropriate party to address your concerns.

We will, of course, advise Kunihiro Osada, Master Franchisee of CENTURY 21 Japan about your complaint and request that they address your issue directly with you. When they have received our communication, we expect that the office will reach out to you to discuss the matter. It is our hope that your complaint will be resolved quickly and amicably, but we cannot provide any assurances as to the outcome.
Thank you for bringing this matter to our attention.

Sincerely,

Customer Relations
customerrelations@century21.net

Century 21 Real Estate LLC.
175 Park Avenue
Madison, NJ 07940
ENDS

/////////////////////////////////
ANSWER FROM CENTURY 21 JAPAN

From: 酒井 秀敬 <h-sakai@century21.jp>
Subject: Complaint notification email (Consumer: Debito Arudou)
Date: March 31, 2021
To: “‘debito@debito.org'” <debito@debito.org>
Cc: “‘CustomerRelations@century21.net'” <CustomerRelations@century21.net>, 経営企画部 <japan@century21.jp>

Dear Mr. Debito Arudou:

We acknowledge receipt of your email regarding the issue involving one of our franchisees in the Kawagoe area. It has been forwarded to us by the Customer Relations Department of CENTURY 21 Global Headquarters in the US (C21 US), which you have initially contacted regarding this matter.

Firstly, in case you are not familiar with how a global franchise system works, please allow us to offer an explanation. CENTURY 21 Real Estate of Japan, Ltd. (C21 Japan) is the Master Sub-franchisor of the CENTURY 21 brand in Japan. We serve as the administrative headquarters of our franchise operation in Japan.

CENTURY 21 offices in Japan are franchisees and not branches of C21 Japan nor C21 US. Our franchisees in Japan are all independently owned and operated. Therefore, we are not directly involved in the advertisement of listing properties of our franchisees’ businesses. Also, as Japanese real estate brokerage, our franchisees are governed by Japanese law such as Real Estate Brokerage Act, which is known as “Takuchi-Tatemono-Torihiki-Gyouhou” in Japanese.

Having said this, however, we take very seriously any actions or behaviors of our franchisees and agents that might be less than the professional standards that we set and, in any way, tarnish the reputation and integrity that our brand has attained over the past decades. All of the regional headquarters within the CENTURY 21 global network are obliged to follow specific policies and procedures that are set by the Global Headquarters to maintain a uniform standard of excellence.

There are certainly cases where an “expectation gap” arises between the prospective customer and the agent, and oftentimes this gap grows wider during the course of interaction between the two. This is particularly true when different cultural norms, sets of regulations, and industry practices exist. For example, in the US there is the wide-reaching Fair Housing Act (FHA) that bans pretty much all forms of discrimination. Japan does not. Therefore, what could be a violation of the FHA in the US would not necessarily be one in Japan.

Having said this, however, C21 Japan HQ believes it is never good for business to practice and kind of intentional discrimination and caution our franchisees accordingly. We will, therefore, request the office you have identified to remove the subject bin to avoid any semblance of discrimination, no matter how unintentional the original reason might have been. We apologize for any unpleasantness that you felt because of the bin’s existence.

Thank you for bringing this matter to our attention.

Best regards,

Hidetaka Sakai
Global Business Relations Office
CENTURY 21 Real Estate of Japan, Ltd.
ENDS
======================
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My SNA VM column 20: “The World’s First ‘Japanese Only’ Olympics?”, on how Japan’s new ban on “overseas spectators” may lead to banning all foreigners (out of linguistics and force of habit) (UPDATED)

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Hi Blog.  Here’s an excerpt of my latest Shingetsu News Agency Visible Minorities column 20. Have a read before it goes behind paywall, and please subscribe if you want to see the rest of their articles — it’s but a dollar a week, and it supports progressive journalism. Enjoy.  Debito Arudou, Ph.D.

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

Visible Minorities: The World’s First “Japanese Only” Olympics?
Shingetsu News Agency, March 15, 2021, By Debito Arudou

SNA (Tokyo) — Reuters and Kyodo recently reported that Japan is banning “foreign spectators” (or “overseas spectators”) from the Tokyo Olympics: “The government has concluded that welcoming fans from abroad is not possible given concerns among the Japanese public over the coronavirus and the fact that more contagious variants have been detected in many countries.”

Blogging about this at Debito.org, I worried aloud that excluding all “foreign spectators” would be interpreted to mean all foreigners, including Non-Japanese living in Japan. But commenters (some of whom already have tickets or will be volunteering to help) were quick to stress that the “overseas” wording meant only foreign tourists, not them.

But I wouldn’t be so sure about that.

Granted, the original wording in Japanese is kaigai kara no ippan kankyaku (regular spectators from overseas), not “foreigners” (gaikokujin). But words matter, especially when you’re categorizing people, and doing it wrong will lead to discrimination.

I think Japan will do it wrong, due to linguistics and force of habit…

Rest at http://shingetsunewsagency.com/2021/03/15/the-worlds-first-japanese-only-olympics/

(Read a rough draft of the contents of this article before it became my SNA column at https://www.debito.org/?p=16480)

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

UPDATE MARCH 20, 2021: The NYT reports that it’s a done deal now. The IOC has approved the exclusion of all “spectators from overseas”. And it’s just being passed off as a “concession to the realities of the pandemic”. Its possibly problematic enforcement in terms of NJ Residents is not touched upon — more focus is on the plight of overseas ticket holders. — Debito

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

Spectators From Overseas Are Barred From Tokyo Olympics
The move, announced Saturday, is a significant concession to the realities of the pandemic, even as organizers remain determined to hold the Games this summer.

By Motoko Rich and Ben Dooley
New York Times, March 20, 2021
https://www.nytimes.com/2021/03/20/world/asia/tokyo-olympics-spectators.html

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

JOC’s official statement on this:

ABOUT THE GAMES
Statement on Overseas Spectators for the Olympic and Paralympic Games Tokyo 2020
Japan Olympic Committee 20 MAR 2021, courtesy of BM
https://tokyo2020.org/en/news/statement-on-overseas-spectators-for-the-olympic-and-paralympic-games-tokyo-2020

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Lloyd Parry in Times London: “Cancel Tokyo 2020 Olympics”. Yet even this respected reporter sloppily implies Japan’s Covid numbers are contingent on foreigners

mytest

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Hi Blog.  Richard Lloyd Parry, a very respected journalist and author, has come out with a sensibly-argued Op-Ed in The Times London in favor of cancelling the Tokyo 2020 Olympics (which, for the record, Debito.org was never in favor of Japan getting in the first place).  Full text below.

But even then he words things carelessly when he writes:

“[…] Japan […] compared to the pandemic mess in the rest of the rich world [has] been doing well. With twice the population of Britain, Japan has registered about a tenth the number of coronavirus cases and one twentieth the deaths. This has nothing to do with vaccination, which has hardly begun in Japan — only a few tens of thousands of health workers have been jabbed — but rather good hygiene and an almost complete ban on foreign visitors. Now the government threatens to sacrifice these gains for the sake of money and prestige.”

COMMENT:  Portraying Japan’s apparent success at lower case numbers as due to an almost complete ban on “foreign visitors” is neither helpful nor accurate.

As Mr. Lloyd Parry surely must have known (since the ban affected him too as a Japan resident), this ban included foreign residents, not just visitors.  Not to mention that the British Covid variant was verifiably brought into Japan by Japanese.

Implicitly framing Covid as a “foreign virus” brought in by “foreign visitors” makes Japan seem to be a hermetically-sealed environment until the foreigners came in; and now “the government threatens to sacrifice these gains” from its apparent isolationism.  This rhetoric isn’t that far removed from calling Covid the “Chinese Virus” or the “Kung Flu“.  And we’ve seen the dreadful results of that kind of carelessness. (Including Japan.)

A moment’s reflection (which probably would have happened if Lloyd Parry were talking about minorities in Britain, especially at the editorial stage) would have brought about the realization that these are people we’re talking about, and how issues are couched in the media affects them, particularly if they’re Japan’s disenfranchised minorities.

If it were my article, I would have said “Japan strongly limited international travel“, which doesn’t zero in on foreigners in specific.

I’ll let others comment on the possible comparative issues of “good hygiene” (implying the rest of the rich world has bad hygiene?), and other factors that might lead to Japan undercounting actual virus cases (such as a lack of reliable contact tracing, and not testing the asymptomatic for Covid).

But in my view, keeping the Covid case numbers low was a matter of politics, not science:  to keep the Olympics on track.  Now even despite all that, Lloyd Parry makes a convincing argument for canceling the Games.  Fine.  But let’s be more careful how we point fingers, shall we?  We’ve seen enough of how foreign correspondents succumb to Japan-style racialized narratives just as soon as they talk about “foreigners” and Japan.  (Japan Times column on this implicit racism also here and here.)  Debito Arudou, Ph.D.

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

It’s time to cancel this year’s Olympic Games
The risk to the world, not just Japan, of a super-spreading event in Tokyo this summer is too great
Richard Lloyd Parry
Wednesday March 03 2021, 12.01am GMT, The Times London, courtesy of RW
https://www.thetimes.co.uk/article/its-time-to-cancel-the-2021-olympic-games-3pb6sq9w9

All but the most fanatical music lovers would accept that, this summer at least, Glastonbury had to go. For the second year in a row the 50-year-old festival has been cancelled because of the pandemic. The disappointment is hard to overestimate: for plenty of people, Glastonbury should have been a moment of release after months of demoralising lockdown. But, as Sir Paul McCartney observed, “a hundred thousand people closely packed together with flags and no masks. Talk about super-spreader.”

Similar feelings of frustration, sadness and resignation are being experienced over cultural and sporting experiences around the world, from closed theatres and cinemas to empty football stadiums to the Chelsea Flower Show. It’s not that anyone personally objects to gardening enthusiasts but as a matter of common sense, and for the good of all of us, this is not the time for 157,000 of them to converge.

Consider then another international event, the grandaddy of them all. It will bring together more than 15,000 young participants from more than 200 countries plus several times that number of judges, sponsors, journalists and hangers-on. More than 11 million tickets are to be sold; tourists are supposed to pour in from across the globe.

If far smaller and shorter festivals are to be sacrificed in the interests of global public health, it seems obvious that such a massive event, spread over four weeks in the biggest city in the world, should also be cancelled. And yet officially, at least, the Tokyo Olympics and Paralympics, postponed since last summer, are going ahead.

As Japan’s prime minister, Yoshihide Suga, said the other week, “I am determined to achieve the games as a proof of human victory against the pandemic, a symbol of global solidarity and to give hope and courage around the world.”

The Olympic custodians like to talk about courage, humanity and other abstract virtues; in reality, they have more hard-headed reasons for pressing ahead regardless. The vast sums of money already spent on the games are only the most obvious, inextricably tangled up with other investments of prestige and power that make the prospect of cancelling them heart-sickening to a lot of very powerful and determined people.

Tokyo’s will be the most expensive Olympic Games ever mounted — even Japan’s government auditors put the cost at £18 billion or more, and the cost of postponement from last year has added £2 billion to that. No one seems to know, or is willing to say, how much has already been spent. But to call it off now would directly hurt some of the world’s biggest companies, including Coca-Cola, Visa and General Electric, and lead to years of legal arguments about who owes what to whom.

It would represent a withering humiliation for the Japanese government. It would be crushing to the young athletes who have spent years training for the world’s most prestigious sporting event. Money, power and glamour say that the Olympics have to go ahead whatever happens; they are the runaway train that cannot be stopped. The question of public health has been officially ruled out as a consideration. As Yoshiro Mori, the former Tokyo Olympic boss, said, “no matter what situation with the coronavirus, we will hold the games.”

This matters to people in Japan because, compared to the pandemic mess in the rest of the rich world, they have been doing well. With twice the population of Britain, Japan has registered about a tenth the number of coronavirus cases and one twentieth the deaths. This has nothing to do with vaccination, which has hardly begun in Japan — only a few tens of thousands of health workers have been jabbed — but rather good hygiene and an almost complete ban on foreign visitors. Now the government threatens to sacrifice these gains for the sake of money and prestige.

The Japanese authorities and the International Olympic Committee insist that they will do everything possible to Covid-proof the games. Details are far from clear. (More may emerge from a high-level meeting this week, but they are likely to include repeated testing of athletes who will essentially be locked down in their Olympic “village”.) Spectators, it seems, will be allowed, although it is not clear whether these will include foreign visitors.

The effect of all this will be to take the fun out of the Olympics without eliminating the risk that they will serve as a super-spreader event. It might work out, and if any country can pull off such a feat of regulation and enforcement it is Japan. But nobody can be sure. Pandemic trends may improve dramatically between now and July or there may be new surges in emerging variants of the virus that will make the Olympics a crucible of infection that will set the world back weeks or months.

There is one factor that should be decisive in all this: the views of ordinary Japanese people. About this there is no room for argument. Poll after poll has consistently shown that a majority of not only individual Japanese but even businesses oppose the holding of the games this summer.

This is not an expression of sour anti-Olympic sentiment but the reluctant acknowledgment of a grim truth. Whatever precautions the authorities take, people will sicken if the Tokyo Olympics go ahead. Some of them will die. That is not a price that anyone should be asked to pay.
ENDS

======================
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School “Hair Police” lose case in Osaka (kinda): Court awards the victim a pittance, but rules that enforced hair coloring has “reasonable and legitimate educational purpose”. Another setback for Visible Minorities.

mytest

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Hi Blog. Debito.org has talked about Japan’s “Hair Police” before, where students of diverse backgrounds or phenotypical differences (including Wajin) are forced to dye and straighten their naturally non-black wavy hair to conform to Japanese Junior High and High School rules. (See for example here, here, and here.). I wrote a column on it in the Japan Times (version without paywall here) more than a decade ago. And some students have even been officially bullied (forced to have their hair cut by teachers in front of other students in a court case now pending) not only by students, but by teachers and administrators. This blog post focuses on a court case that just got handed down in the Osaka District Court on Feb. 16, where a student was essentially expelled from her school for not dyeing her naturally-brown hair.

On the face of it, the verdict looks like a victory for Japan’s Visible Minorities, with the Court awarding some damages to the plaintiff. However, these damages (330,000 JPY, or about 3000 USD) are minuscule, and will not cover the out-of-pocket costs of going to court in the first place (in discrimination cases, they rarely if ever do). But worse is that the Court in effect legitimizes these awful school rules by finding that hair policing has, “a reasonable and legitimate educational purpose, and so maintaining student discipline is within the discretion of the school“.

So in terms of legal precedent, this says that rules that enable teachers to scrutinize student hair follicles, and bully kids who don’t have what they consider to be “normal” coloration, are just an acceptable part of Japanese education.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)  Visible Minorities and their families thinking of putting their kids in Japanese Secondary Education should think very hard in advance about what sorts of trauma they would be putting them through (not to mention exposing their children to dangerous chemicals in hair dyes).

Thus the Osaka Court has done nothing less than approve of institutionalized bullying and enforced conformity with a racialized bent. The natural attributes of Visible Minorities should be celebrated, not treated as aberrations, singled out in public, and suppressed. Debito Arudou, Ph.D.

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National
Girl wins suit against Osaka Prefecture over school telling her to dye hair black
SoraNews24/Japan Today, Feb. 18, 2021
By Casey Baseel, courtesy of JDG
https://japantoday.com/category/national/girl-wins-suit-against-osaka-prefecture-over-school-telling-her-to-dye-hair-black

Ostensibly, school dress codes are supposed to be about eliminating distractions, and so it’s common for Japanese schools to prohibit students from dying their hair. However, problems can occur if schools rigidly assume that no one dying their hair will always result in everyone having the same hair color.

Though the vast majority of ethnically Japanese people, who make up the vast majority of students at schools in Japan, have naturally black hair, some Japanese people’s hair is instead a dark brown. This can lead to situations where a school tells a brown-haired student that they have to dye their hair black, often predicated by their not believing that the student’s natural hair color is brown, and that they’re trying to get away with dying it.

That was the case for a teen attending Kaifukan Prefectural High School in the town of Habikino, Osaka Prefecture. The girl enrolled in 2015, and was repeatedly told that she had to dye her brown hair black. The girl insisted that brown was her natural hair color, but the school says that three different teachers examined the roots of the girl’s hair and found them to be black, which they took as proof that she had been coloring her hair.

Eventually the girl, who is now 21 years old, claims she was told “If you’re not going to dye your hair black [i.e. back to black, in the school’s opinion], then there’s no need for you to come to school.” Feeling pressured and distressed, the girl did indeed stop attending classes, and the school then removed her name from her class seating chart and student roster.

But instead of seeing the school’s administrators on campus, the woman decided to see them in court, and in 2017 filed a lawsuit over the incident, asking for 2.2 million yen in compensation.

On Tuesday an Osaka district court handed down its ruling, finding neither side to be completely in the right. Presiding judge Noriko Yokota recognized the validity of the school to set and enforce rules relating to coloring hair, saying “Such rules have been established as having a reasonable and legitimate educational purpose, and so maintaining student discipline is within the discretion of the school.”

Yokota also declared “It cannot be said that the school was forcing [the girl] to dye her hair black,” seemingly taking the school’s word that the girl’s roots were black, and that the administrators were only requiring her to return to her natural hair color.

However, the school isn’t getting off completely free. The court also ruled that the administration’s actions after the girl stopped coming to class, such as removing her name from the roster and removing her desk from the classroom, were unacceptable, and has ordered Osaka Prefecture pay damages of 330,000 yen to the woman.

The amount is far less than she had been seeking, and the lack of any legal condemnation for the school insisting her hair should be black is likely to leave the plaintiff less than satisfied, and her lawyer expressed disappointment that the court took at face value the teachers’ assertation that the girl’s roots and natural hair color were black. This was likely a critical point of contention, as certain educational organizations, such as the Tokyo Board of Education, now have policies against pressuring students with naturally non-black hair to dye it black.

Meanwhile, Kaifukan says it has no plans to appeal the decision and attempt to avoid sanction entirely, and the school admits that it could make greater efforts to earn the understanding of students and their guardians regarding school rules. “We have not changed our standard of having students who have dyed their hair return it to black, but this case has been a learning experience, and we will be giving greater thought to how to better guide our students.”

ENDS

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Osaka court orders pref. gov’t to pay $3,100 after student forced to dye hair black
February 17, 2021 (Mainichi Japan), courtesy of JK
https://mainichi.jp/english/articles/20210217/p2a/00m/0na/007000c

OSAKA — The district court here on Feb. 16 ordered the prefectural government to pay 330,000 yen (approx. $3,109) in compensation for mental suffering to a woman who stopped going to a prefecture-run high school after it instructed her to dye her naturally brown hair black.

The now 21-year-old woman had sought some 2.2 million yen ($20,700) from the prefecture.

Presiding Judge Noriko Yokota recognized the appropriateness of Osaka Prefecture Kaifukan Senior High School’s instructions toward students on hair color, saying, “It cannot be said that there was coerced dyeing of the hair,” but pointed out that it was illegal for the school to remove the woman’s name from the school roster when she started missing classes.

“We will respond appropriately after reading the sentence thoroughly,” Osaka Gov. Hirofumi Yoshimura told reporters.

Kaifukan Senior High School, in the Osaka Prefecture city of Habikino, prohibits students from dyeing or bleaching their hair. The plaintiff in the court case matriculated at Kaifukan in the spring of 2015, and was repeatedly told to dye her hair black. She was even told that she need not come to school if she was not going to dye her hair black, which she said drove her to stop going to school. After she started missing classes, her name was removed from the class roster, and she no longer had a seat in the classroom, which the woman argued was “bullying in the name of student guidance.”

Meanwhile, the prefecture argued that when a teacher was offering guidance to the student, they confirmed that the students’ hair roots were black, meaning that her natural hair color was black. It rebutted the plaintiff’s claims and said that it was merely providing guidance because the student was in violation of a school rule, and that there was nothing illegal about what it had done.

Lawsuits have been fought over “student hair guidance” in the past. In a case in the southwestern Japan prefecture of Kumamoto, in which the legality of a school rule that stipulated that all male students at a public junior high school shave their heads was contested, the 1985 Kumamoto District Court’s decision that the rule was “not strikingly irrational” became finalized. In a damage lawsuit in which a female student attending a school run by the Nara Prefecture city of Ikoma in western Japan argued that being forced to dye her hair black was corporal punishment, the Osaka District Court in 2011 dismissed the student’s claim, saying that the school’s actions were “within the range of educational guidance.” The Supreme Court supported the lower courts’ decision.

ENDS

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Japanese version
「黒染め強要」訴訟 大阪府に33万円の賠償命令 地裁判決
毎日新聞 2021/2/16, courtesy of JK
https://mainichi.jp/articles/20210216/k00/00m/040/080000c

生まれつき茶色の髪を黒く染めるよう学校から強要されて不登校になったとして、大阪府羽曳野市の府立懐風館高校に通っていた女性(21)が府に約220万円の慰謝料などを求めた訴訟の判決で、大阪地裁は16日、府側に33万円の賠償を命じた。横田典子裁判長は「黒染めの強要はあったとはいえない」と頭髪指導の妥当性を認めた上で、不登校後に名簿から女性の氏名を削除したことなどを違法と指摘した。

大阪府の吉村洋文知事は記者団の取材に、「判決文をしっかり見た上で、適切に対応したい」と述べた。

同校は校則で、髪の染色や脱色を禁じている。女性は2015年春に入学後、髪を黒く染めるよう再三指導され、「黒染めしないなら学校に来る必要がない」などと言われて不登校に追い込まれたと主張。不登校になった後も、教室に自分の席がなくなったり、名簿から氏名を削除されたりしたとして、「生徒指導の名を借りたいじめだ」と訴えていた。

一方、府側は、教諭が指導した際、女性の髪の根元が黒かったことを確認しており、地毛は黒だと主張。校則に反して茶色に染めていたため指導しただけで、違法性はないと反論していた。

頭髪指導を巡る訴訟は過去にも起きている。熊本県内の公立中で男子生徒を丸刈りとする校則の違法性が争われた訴訟で、熊本地裁(1985年)が「著しく不合理ではない」とした判決が確定。奈良県生駒市立中の女子生徒が黒染めは体罰だとして市に賠償を求めた訴訟では、大阪地裁(11年)が「教育的指導の範囲内」として請求を棄却、最高裁で生徒側敗訴が確定した。【伊藤遥】

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NB: Debito.org Readers have already commented on this case in a separate blog entry.  Click here to see their comments

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Kyodo: Japan developing GPS tracking system for foreign travelers as “anti-virus measure”. So Covid is now another international event, justifying more policing of foreigners only?

mytest

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Hi Blog.  In a development that Debito.org has been anticipating for quite some time (see, for example, the remotely-trackable RFID chipped Zairyuu Kaado ID cards the Government rolled out in 2012 to keep better tabs on NJ Residents), according to a Kyodo article below the Government is using the Tokyo 2020 Olympics as an excuse to enact programs digitally tracking all foreign tourists.  Read on:

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Japan developing tracking system for travelers from overseas as anti-virus measure
Kyodo News/Japan Today Dec. 27, 2020
https://japantoday.com/category/national/Japan-developing-tracking-system-for-travelers-from-overseas-as-anti-virus-measure

TOKYO (KYODO) — Japan is developing a system aimed at keeping track of travelers from overseas as part of efforts to prevent the further spread of the coronavirus within its borders, a senior government official said Sunday.

“There will be no point if we don’t implement it, so you will not be allowed to enter the country unless you use it,” Takuya Hirai, digital transformation minister, said on television.

Hirai said the government wants to complete the development of the monitoring system by the rescheduled Tokyo Olympics and Paralympics, due to be held next summer.

Without providing in-depth detail, he said it will function by using global positioning system technology.

His comments on Fuji TV’s “The Prime” news program came a day after Japan said it will ban nonresident foreign citizens from entering the country, which has been seeing record daily numbers of coronavirus cases in recent weeks.

The measure, which will take effect from Monday through January, was announced following Japan’s detection of a new and seemingly more contagious variant of the virus.

Among other measures to tighten its borders, Japan will require its nationals and foreign residents to quarantine for two weeks, show proof of a negative coronavirus test result within 72 hours of departure for the country and undergo another test upon arrival.
ENDS

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COMMENT:  Nothing quite like being forced to wear the equivalent of a GPS criminal tracker for your entire stay.  And it’s not a stretch to see it being applied beyond tourists to NJ Residents after that, as Covid is providing a pretense to “track and trace” those “foreign clusters“.  As CNN notes, “If visitors are allowed [to attend the Olympics], their experience will likely be high-tech. The government is developing a contract tracing app for attendees using GPS that will reportedly link visas, proof of test results, tickets and other information, authorities said.”

Visas? So we’re getting Immigration involved? As Submitter JDG notes, “Obviously, it’s just a matter of time until the Japanese demand all NJ are 24/7 tracked legally in real time with an automated alert popping up on some koban monitor the minute their visas expire. That ought to end that nefarious den of crime right there!  Whew.”

Finally, note how this proposed contract tracing and tracking is only being applied to foreigners, not Japanese:

“In doing so, [Kanagawa] prefecture would spend much less time pursuing contact history for what it described as the second most cluster-prone demographic — namely, kindergarten, day care and school teachers — and would completely stop investigating others. With the announcement, Kanagawa became the nation’s first prefecture to forge ahead with such a drastic scaling down of contact-tracing, which had been the linchpin of Japan’s battle against the pandemic.” (Japan Times, Jan 19, 2021, courtesy of JDG, emphasis added)

So with the advance of technology, the dragnet further tightens on “the foreign element” in Japan. As we have seen with the G8 Summits, the 2002 soccer World Cup, the 2019 Rugby World Cup, “Visit Japan” tourism campaigns in general, and now the 2020 Olympics, international events in Japan serve to inflame its knee-jerk “safety and security” reflexes, and justify all manner of bad overpolicing habits. They essentially become an excuse to invite foreigners in, then police them further.  Debito Arudou, Ph.D.

======================
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Kyodo: Tokyo District Court rules in favor of Japan’s ban on dual nationality. My, what paranoia and hypocrisy

mytest

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Hi Blog.  In a landmark ruling yesterday (see articles below, and a 2018 Debito.org post when this case first started here) first testing the waters for allowing Japanese to have more diverse roots in a legal sense, the Tokyo District Court has just ruled that Japanese who obtain other citizenships do not have constitutional protections from being subsequently deprived of Japanese citizenship.

This means:

a) If you as a Japanese citizen naturalize in another country, then when the Japanese government decides to take away your Japanese citizenship, you have no legal recourse under the Japanese Constitution.  It can be unilaterally revoked at the government’s discretion.

(Same, no doubt, with people who naturalize into Japan but for whatever reason don’t get their foreign citizenship revoked — not all countries grant revocation as an option.  So in that case, the Japanese government reserves the right there too to revoke, although this situation in specific hasn’t been tested in court yet.)

b) If you as a native-born Japanese citizen have dual nationality due to having international parents, and if you do not declare to the Japanese government that you are a Japanese citizen only (and have renounced all other citizenships by age 22 — as Osaka Naomi, referred to below, reportedly did), then the Japanese government can revoke your Japanese citizenship and not deprive you of any Constitutionally-guaranteed rights.

Conclusion:  Essentially, nothing has changed in practice.  The lower judiciary has essentially just made its stance against dual nationality clear.  Take into account that this ruling, handed down by a notoriously conservative branch of Japan’s judiciary (yes, Tokyo District and High Courts are actually well-known around the Japanese legal community for their very conservative judgments), has merely affirmed what was already true: “two passports = untrustworthy”.  And their legal reasoning mentioned in the articles below reflects that logic, based upon paranoid pre-war arguments about individual mixed allegiances threatening the motherland, etc., with no need to update for the complexities of the modern world.  Should the plaintiffs decide to appeal this case, then the Tokyo High Court and probably eventually the Supreme Court will affirm the lower court’s ruling.  So it’s definitive.

What to do about it:  Continue to follow Debito.org’s advice:  If you have two passports, you always claim to be solely Japanese by age 22 but secretly keep renewing your foreign passport.  The Japanese government is still not fully enforcing any draconian “show us a revoked foreign passport by age 22 or we will revoke your Japanese citizenship” towards all its citizens with international roots.  Given Japan’s dropping population, that’s probably not in its interest.  But if the Japanese government ever gets around to doing that, based upon yesterday’s ruling, as far as the Japanese judiciary is concerned it will have free rein.

The only way this is going to change is if Dietmembers pass a law to specifically make dual nationality legal.  Then the onus falls upon the judiciary to declare that law unconstitutional (probably not).

How likely is a law like this?  Not very.  But at least one politician (Kouno Taro) has made his support of dual nationality clear — not because of individual human rights and the dignity of diversity, but because that way Japan can increase its athletic talent pool (not to mention the issues of Japan “re-claiming” Japanese Nobel Prize winners who have naturalized abroad).  The Kokutai as a whole must benefit or it’s not something to consider.  Oh well.  Plus ca change.  Debito Arudou, Ph.D.

See archive of articles on Japan’s dual nationality issue here.

RELATED: Asahi: Supreme Court backs stripping children of Japanese nationality if parents lapse in registering their births abroad (Debito.org, August 29, 2015)

And get a load of the person who inadvertently exposed all the hypocrisies of Japan’s dual nationality system:  Former President of Peru and convicted criminal Alberto Fujimori, a sudden newfound Japanese citizen when on the run from Interpol.

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Court rules in favor of Japan’s ban on dual nationality
January 21, 2021 (Mainichi Japan), courtesy of JK and Mixed Roots in Japan
https://mainichi.jp/english/articles/20210121/p2g/00m/0na/112000c

TOKYO (Kyodo) –[The Tokyo District Court (in Kyodo original)] on Thursday rejected a lawsuit challenging the country’s ban on its citizens from holding foreign nationality, in what is believed to be the first judicial decision on the matter.

In a lawsuit filed with the Tokyo District Court in 2018, eight men and women in their 30s to 80s who were born in Japan but now live in Europe claimed a legal requirement that Japanese who gain foreign nationality must give up their citizenship violates the Constitution.

The government, however, argued the plaintiffs’ claim takes no note of national interests, as permitting dual citizenship would enable people to have voting rights or diplomatic protection in other countries.

Dual citizenship “could cause conflict in the rights and obligations between countries, as well as between the individual and the state,” said Presiding Judge Hideaki Mori.

According to the suit, the eight plaintiffs — six who have acquired Swiss or Liechtenstein nationality and two others who plan to obtain Swiss or French nationality to facilitate their work and lives — hope to maintain their Japanese citizenship.

Article 11 of the nationality law states that Japanese citizens who acquire non-Japanese nationality on their own instigation automatically lose their Japanese nationality, effectively banning dual citizenship.

The plaintiffs claimed that the law was originally designed for purposes such as avoiding overlapping military service obligations imposed by multiple nations.

“The court did not seriously consider the feelings of Japanese living abroad,” Swiss resident Hitoshi Nogawa, 77, who led the plaintiffs, said following the ruling.

As many countries in the world, including the United States, now allow dual citizenship, the clause stripping people of Japanese nationality violates the Constitution, which guarantees the right to pursue happiness and the equality under the law, the plaintiffs said.

The issue of dual nationality in Japan drew global attention when tennis superstar Naomi Osaka, who had both Japanese and U.S. citizenship, selected Japanese nationality just before turning 22 in 2019. She was born to a Japanese mother and Haitian father.

The law requires those who acquired dual nationalities under 20 years old to choose one by age 22, and those who obtained them at age 20 or older to select one within two years.

The nationality law also requires Japanese citizens who obtain foreign citizenship to notify the government of their abandonment of Japanese nationality. But as it includes no penalties, many Japanese are believed to have maintained multiple passports after obtaining non-Japanese citizenship.

About 518,000 Japanese are estimated to have permanent residency status in other countries as of October 2019, but the government has been unable to confirm how many of them hold multiple citizenship.
ENDS
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東京地裁 二重国籍認めず 憲法に違反しないと判断
NHK 2021年1月21日 17時28分
https://www3.nhk.or.jp/news/html/20210121/k10012825871000.html

外国の国籍を取得し、日本国籍を失った人たちが、日本の国籍法の規定によって二重国籍が認められないのは憲法に違反すると訴えた裁判の判決で、東京地方裁判所は憲法に違反しないと判断し、二重国籍を持つことを認めませんでした。

日本では国籍法で、外国の国籍をみずからの希望で取得すると日本国籍を失うと規定し、複数の国籍を持ち続けることを認めていません。

スイスやリヒテンシュタインに住み、現地の国籍を取得して日本国籍を失った6人は、二重国籍が認められないのは憲法に違反するとして、国に対して日本国籍があることの確認を求め、裁判では二重国籍を認めない規定が憲法に違反するかが初めて争われました。

判決で東京地方裁判所の森英明裁判長は「憲法は国籍を離脱する自由は定めているものの、国籍を持ち続ける権利については何も定めていない。国籍法の規定は二重国籍の発生をできるだけ防ぎながら、国籍を変更する自由も保障していて、立法目的は合理的だ」と指摘しました。

そのうえで国籍法の規定は憲法に違反しないと判断し、訴えを退けました。

原告団長「あまりにも偏っている」
原告と弁護団は、判決後に東京 霞が関で会見を開き、原告団長の野川等さん(78)は「がっかりしています。裁判所にはもう少し真剣に質問に答えてほしかった。国は私たちが質問したことに真面目に答えておらず、あまりにも偏っていると思う」と述べました。

弁護団は控訴する方針だということです。ENDS
======================
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My SNA Visible Minorities column 18: “Latest visa rules could purge any foreigner” (Jan 18, 2021), on how Covid countermeasures disproportionately target Non-Japanese against all science or logic

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Hi Blog. My latest SNA column’s point is this: Even after political leadership has finally shed Shinzo Abe, the Japanese government has found new ways to discriminate against foreign residents of Japan. This is no accident, as NJ were in no way protected, considered, or involved in this policymaking that profoundly affects them.  Soon, any foreign resident of Japan may be under threat of immediate deportation. Excerpt follows, full article at http://shingetsunewsagency.com/2021/01/18/visible-minorities-latest-visa-rules-could-purge-any-foreigner/  Debito Arudou, Ph.D.

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“Latest visa rules could purge any foreigner”

Shingetsu News Agency, Visible Minorities column 18, January 18, 2021

[…] New year, new salvo of foreigner bashing: Last week, the Suga administration unveiled re-entry rules that permit non-Japanese residents to re-enter the same as Japanese, as long as they completed the same paperwork and fourteen-day quarantine.

Good, but here’s the wrinkle: If you are found in violation of any quarantine regulations, you don’t just get in trouble like Japanese by, err, having your name made public. You may lose your visa status and get deported from the country. You read that right.

This policy was in reaction to the discovery of the United Kingdom mutation of Covid within Japan this month. But like most policy created in times of shock, it has hasty assumptions: that a foreign variant meant that foreigners were somehow responsible. In fact, the Patient Zeroes who came back from England and went out partying instead of quarantining were Japanese.

This new policy is ironic. In addition to the past year of Japanese media blaming foreigners for creating “foreign clusters,” it also ignores the lazy government response to Covid. Nobody at the national level wanted to take the responsibility for declaring a blanket state of emergency. But since infections have now reached record numbers, here comes the crackdown—and once again foreigners are being disproportionately targeted.

Granted, the government is now threatening to mete out jail time and fines for Japanese who don’t cooperate with measures to reduce Covid’s spread. This has occasioned the perfunctory hand-wringing about the effectiveness of punishment in curbing infections and “infringing too much on personal freedoms” for Japanese. I see that as part of the healthy give-and-take of political debate, to make sure things don’t go too far. But where is the parallel debate about the “freedoms” of non-Japanese residents who are receiving unequal treatment under the law?

A Japanese getting a fine or a spell in the clink is one thing, but it’s incomparable to a foreigner losing their legal status gleaned after years or decades of residency, followed by deportation and permanent separation from their lives, livelihoods, and families in Japan.

We know that one of the reasons Covid became a pandemic is because of asymptomatic transmission. So what if a person who doesn’t know they’re sick and hasn’t left the country gets linked to a cluster by contact tracing? If that somebody happens to be a foreigner, his or her life in Japan may well be over…

Read the rest at http://shingetsunewsagency.com/2021/01/18/visible-minorities-latest-visa-rules-could-purge-any-foreigner/
======================
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Japan Times: J Govt’s pandemic border policy highlights their taking advantage of insecure legal status of foreign residents

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Hi Blog. In more remarkable reporting, Magdalena Osumi brings out the background thought processes behind Japan’s Covid measures that have constantly targeted foreigners in particular as vectors of infection. I will be talking more about this in my next SNA column out tomorrow, but before that, let’s get some insights into the mindsets of our government, which takes full advantage of the fact that foreigners in Japan have no guaranteed legal, civil, or even human rights under the Constitution in Japan because they don’t have citizenship. Debito Arudou, Ph.D.

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Tokyo’s pandemic border policy highlights insecure status of foreign residents
By Magdalena Osumi, The Japan Times, Dec 30, 2020
Courtesy https://www.japantimes.co.jp/news/2020/12/30/national/japan-pandemic-foreign-residents/

Excerpt:
[…] Inequity between the treatment of Japanese and non-Japanese residents, including those with established residency status and decadeslong careers here, brought back to the surface long-standing frustrations over apparent struggles with multiculturalism in the nation, stirring debate on the status of foreign residents here and the extent of Japan’s preparedness for an influx of foreign workers that had been anticipated before the pandemic struck.

As questions linger over the government’s intentions behind the controversial rules, records and reports from behind the scenes of Japan’s fight against the pandemic have begun to emerge.

They highlight the limits of the nation’s immigration strategy, with decisions apparently made ad hoc amid chaos, and reveal the insecure status of foreign nationals in Japan and underlying discriminatory attitudes within society toward immigrants and expatriates.[…]

Japan’s handling of border control in the first months of the year was more chaotic.

That changed on April 3 when Japan introduced a draconian border control policy, banning entry by nearly all foreign residents from 73 countries and regions affected by the spread of the virus.

What prompted some of the most intense criticism of the policy was its failure to distinguish between short-term visitors and long-term residents — a decision that made it the only member of the Group of Seven that refused to allow residents with foreign passports to return to their homes in Japan from overseas.

What turned out to be the decisive factor in Japan’s implementation of the strict entry ban — and its reluctance to ease the restrictions — was a lack of preparedness to control entry procedures, together with poor testing capacity at airports. […]

Reports from government meetings do not show any sign of vigorous debate on the consequences of imposing strict restrictions on non-Japanese residents with legal residency status in the nation, despite concerns about international ties and a long-term impact on Japan’s economic interest. […]

On top of that, the government faced a challenge in implementing further restrictions on Japanese citizens, who are protected by a constitutional right to enter Japan. Foreign nationals, meanwhile, do not have such protection under the Constitution. […]

Throughout the year, health care experts on the government’s coronavirus task force expressed concern that they were unable to gain a comprehensive view of the attitudes held by foreign nationals toward the pandemic.

Officials were worried that language barriers, for example, may hamper access to information on basic anti-infection measures, such as avoiding the so-called Three C’s of closed spaces, crowds and close-contact settings.

But that their remarks suggesting inability among foreign nationals to adhere to health protocols were made alongside words of encouragement regarding the promotion of domestic tourism instilled a false perception that the pandemic in Japan was under control, in contrast to the situation abroad, while contributing to a narrative that foreign nationals may have posed a threat…

Full article at https://www.japantimes.co.jp/news/2020/12/30/national/japan-pandemic-foreign-residents/
======================
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“Tired Panda” on how rural tax authorities specialize in targeting foreign taxpayers for audit. And Japan aims to be Asia’s #1 financial hub? Hah.

mytest

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Hi Blog. In the wake of treating Non-Japanese Residents like they’re riddled with extra Covid contagion, here’s yet another example of how Non-Japanese taxpayers are treated with extra suspicion — with bored tax auditors even in the most rural areas of Japan dedicated to ferreting out rank-and-file sneaky foreigners’ assets and earnings socked away overseas. Courtesy of Debito.org Reader “Tired Panda”, edited and reproduced here with permission.

According to numerous sources, “Japan has explicitly stated its goal is to make Tokyo the number one financial city in Asia… Japanese officials see an opportunity to lure the Asian headquarters of global financial firms to Tokyo as Hong Kong struggles under new scrutiny from Beijing.” In a business climate like the one being described by “Tired Panda” below, who wound up giving up Permanent Residency status after being zapped by local tax authorities, this seems unlikely to happen in Japan.

Any Readers out there who can help this person out? Debito Arudou, Ph.D.

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From: “Tired Panda”
Subject: Foreign taxation accountants in Japan
Date: January 2, 2021
To: debito@debito.org

Hi Debito,

Firstly, thank you for the tireless work you have done over the years to uncover the systemic racism in Japan and demystify many of the baffling issues ever present for a non-Japanese living in Japan.

I arrived on these shores in 199X, and after leaving the JET program, I went on to do various gigs and also teach in some of the Universities around the [Katainaka Prefecture] area.

In 201X, I joined a Japanese company, under the umbrella of a global company, and still work there to this day, now as a contracted employee. My salary has never increased and I have never received a bonus.

However, my beef is not with the contract (that’s a separate issue), it is with the ever increasing harassment by the [Katainaka Prefecture] Tax department.

I have scoured your columns to look for information on the “exit tax” which came into effect in July 2020, and also for any links to taxation experts.

Of course, there are the giants like KPMG and Price-Waterhouse Coopers, but they are geared more to the highly paid CEOs and other foreign workers whose taxation is more of a corporate nature.

It started with my tax accountant in [Katainaka Prefecture], who I have used for several years, suddenly asking me to declare my worldly assets, including how many mountains I owned. Being unaware of any such requirement, I was stunned by this and resisted but my accountant said just roughly write it down and as long as it’s under 5,000,000 you’ll be OK. Just sign it.

The tax department audited me a couple of years ago covering a period of 5 years. They have two young recruits whose full-time job is to concentrate on foreigners. They speak no English. They produced figures suggesting I had been evading taxes over this time and the amount of tax payable. They would not say what shares or investments were the source of the income and I had no way of disputing any figures. I’m aware that tax losses can be carried over to offset gains but they would not recognize this for my foreign investments, saying something about a “blue paper”. I made a start on trying to track everything over the years, but gave up when it became evident that unless something was in the format they required, such as a statement from Monex Japan, they would not accept it. They also slapped a penalty on each of the year’s taxes, compounding over the five year period. It became obvious that it was futile and I paid a substantial amount.

I thought this was the end of that horrifically stressful saga and I would make sure to try and do everything required and account for everything down to the last cent. I decided to revoke my permanent residency as I can’t see myself living indefinitely in this country which is forever tightening the tax noose in an effort to pay for the aging population. With the sponsorship of my company and using the new points system I changed to “Highly Skilled Professional (i) (b)” status.

I recently received an email from my accountant saying that the [Katainaka Prefecture] tax department is asking if I actually had more than 5,000,000 yen when I signed the statement over 5 years ago. I have ignored this.

I remember seeing that with the visa status I have, I do not need to declare foreign income. I don’t remember where I saw that, but I have no doubt that my current tax accountant is blissfully unaware of the implications of my current visa. I advised him for his information but received no response. The last communication was a relaying of the question from the [Katainaka Prefecture] Tax Office.

So, after that long-winded explanation, my question is; are you able to direct me to an English speaking tax accountant… who would be able to correctly lodge a tax return for me and offer advice? As I mentioned, the international tax specialists mentioned above are quite exorbitant, so I’m looking for a smaller scale accountant firm.

Thanks again and kind regards, “Tired Panda”
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ENDS
======================
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My Japan Times JBC 119: Top 5 Human Rights Issues of 2020: “A Watershed Year for Japan’s Foreign Residents” (Dec. 31, 2020)

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Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
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======================
Hi Blog.  Happy New Year!  As has happened at the Japan Times for more than a decade, here is my annual countdown of the top human rights issues for the past year in terms of their impact on NJ Residents in Japan.

I usually do a Top Ten, but since I only had 1000 words this year, it became a Top Five with a few “bubble unders” snuck in.  Enjoy!  Debito Arudou, Ph.D.

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justbecauseicon.jpg

2020 was a watershed year for Japan’s foreign residents
By Debito Arudou, The Japan Times, Just Be Cause, Dec 31, 2020

“May you live in interesting times,” goes the famous curse. By that standard, 2020 was captivating. One thing affected everyone worldwide: COVID-19. And in Japan, our international community was hit particularly hard by public policy regarding its containment.

There were many other issues worth mentioning, however. For example, the Education Ministry announced an increased budget for language support in schools for non-Japanese children next year — a promising sign. However, Japan’s continued mistreatment of those kept in immigration detention centers, and an officially acknowledged incident of “hate speech” in Kitakyushu that went unpunished, were also steps backward from the goal of an inclusionary society.

We don’t have space for them all, so below are the top five issues I feel were of greatest impact to Japan’s non-Japanese residents in 2020, in ascending order.

5) Black Lives Matter in Japan…

Read the rest at https://www.japantimes.co.jp/community/2020/12/31/issues/japan-2020-foreign-resident-issues/

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The issues that bubbled under (with links to sources):

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