Japan Times & Kyodo: Foreign “trainees” dying at rate of two to three a month, takes two years for one to be declared “from overwork” (karoushi), more than a quarter from “unknown causes”

mytest

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Hi Blog. First the articles, then my comments:

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27 foreign trainees died in Japan in FY 2009
Japan Today/Kyodo News Tuesday 06th July 2010, 06:44 AM JST, Courtesy of Yokohama John

http://www.japantoday.com/category/national/view/27-foreign-trainees-died-in-japan-in-fy-2009

TOKYO Twenty-seven foreign nationals who came to Japan for employment under a government-authorized training program died in fiscal 2009, the second worst figure on record, government officials said Monday. Most of the workers who died in the year that ended in March were in their 20s to 30s, officials of the Health, Labor and Welfare Ministry said.

Of the 27, nine died of brain or heart diseases, four died while working, three died by suicide, three died in bicycle accidents and the remainder died from unknown causes, the officials said.

By country, 21 came from China, three from Vietnam, two from the Philippines and one from Indonesia, they said.

The number was the second largest, following the 35 foreign nationals who died in fiscal 2008. This could trigger moves toward revising the government program, first launched in 1993, as a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages.

Shoichi Ibusuki, a lawyer who is an expert on the issue, said, ‘‘Many trainees who died of brain or heart diseases could have actually died from overwork, while those who killed themselves could have committed suicide induced by overwork.’’
ENDS
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COMMENT: Taste the ironies in this article. First, how in 2009, the death of 27 “Trainees” (i.e. people brought over by the GOJ who as people allegedly “in occupational training” don’t qualify as “workers” (roudousha) entitled to labor law protections) is only the SECOND worst figure on record. Second, how we have close to a third (as in eight NJ) of the total dying of “unknown causes” (as if that’s a sufficient explanation; don’t they have autopsies in Japan to fix that? Oh wait, not always.) Third, how about the stunning ignorance of the sentence, “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. If the Kyodo reporter had bothered to do research of his media databases, he’d realize it’s hardly “recent” at all. And it’s not being fixed, despite official condemnation in 2006 of the visa regime as “a swindle” and death after death (at a rate two to three per month) racking up. Karoushi was a big media event way back when when Japanese were dying of it. Less so it seems when NJ are croaking from it.

Now for the second article (excerpt):

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‘Karoshi’ claims first foreign trainee
The Japan Times, Saturday, July 3, 2010, Courtesy of JK

MITO, Ibaraki Pref. (Kyodo) A labor office in Ibaraki Prefecture will acknowledge that a Chinese national working as an intern at a local firm under a government-authorized training program died from overwork in 2008, marking the first foreign trainee “karoshi” death from overwork, sources said Friday.

The male trainee, Jiang Xiaodong, had worked since 2005 at Fuji Denka Kogyo, a metal processing firm in the city of Itako, Ibaraki Prefecture, but died of cardiac arrest in June 2008 in company housing at age 31.

He worked more than 100 hours overtime in his last month, the Kashima labor standards inspection office said.

Jiang’s relatives are separately claiming he worked more than 150 hours overtime in his second year and after. However, he was only given two days off in a month, they claimed.

According to a group of lawyers trying to raise the issue of the trainee program’s abuse by many employers as a source of cheap labor, this will be the first intern karoshi. The lawyers also accuse the government of having lax oversight of trainee working conditions.

Rest at http://search.japantimes.co.jp/cgi-bin/nn20100703a4.html
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COMMENT CONTINUED: So it only took about two years for “a labor office” to admit that a NJ “trainee” had been worked to death, given the hours he worked that were a part of the record? Gee whiz, what Sherlocking! Lax oversight indeed. How many more people have to die before this exploitative and even deadly system is done away with? Arudou Debito in Sapporo

Debito.org Reader asks for advice regarding Chinese “Trainees” exploitation, stolen wallet, and local police

mytest

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Hi Blog.  I received this message a few days ago.  It’s self-explanatory.  Advice welcome.  Debito

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June 11, 2010

Dear Mr. Debito:
I am currently living in Japan and working as an English teacher in a small town. I have lived in this town for almost two years. In that time I have come across two very distressing problems and no clear way to solve them. Both take some time to explain. Please forgive me if this email is a bit lengthy:

I’ve been teaching private lessons to a sweet old Japanese lady for almost two years. Last September, she surprised me with an odd question:

”Sensei, would you like to learn Chinese?”
”Well,” I said, ”I’m already pretty busy studying Japanese at the moment. My plate is kind of full…”
”Well,” she said, ”I have a farmer friend with four Chinese girls working for him. They’re very nice, and they’re all young and beautiful….”
”You know,” I said, ”Learning another language is always a good idea.”
I drove down to meet them. They’re a really swell bunch of girls, and we became friends almost instantly. One day, I invited them out with my other friends to see a festival in a nearby town. It was then that I found out that:

They work every single day
They receive only 70,000yen a month
They are not allowed internet or a phone
After the workday, they must go back to the house which the farmer built for them and not come out.

This bothered me for a long time, but I didn’t do anything because I thought it was Japanese law. Needless to say, I was pretty angry at Japan.
The farmer seemed okay with having people over, however, so I began to organize movie nights, parties, etc at the farm so the girls could hang out with other people and so more people could be aware of their situation. I’ve also been reading up on the Labor Standards Law, etc, and found that what the farmer is doing is illegal…in principle.
I debated for a long time about whether or not to call the cops on him. One thing that kept me from doing so was the possibility that the girls themselves might be here illegally, and my meddling would get them shipped back to China. However, this possibility seems less likely the more I talk to them. They appear to be on one of those three year ”foreign trainee” programs I’ve been reading about.
Another possibility is that they handed over their freedom in order to earn an amount they couldn’t dream of earning back home. They may be sending it back to their families who need it. I’ve found out a bit more; apparently the farmer does take them out sometimes, for shopping, hanami, even to the JLPT. One of the girls just recently passed nikkyu and is gearing up for ikkyu in the summer. The last thing I want is to ruin this for them. And yet I can’t help but be angry at the farmer for denying them other basic things like freedom and a proper wage.
Yet another deterrent are all the stories of bad cops here. At best, they seem silly and useless; at worst, corrupt and dangerous. I don’t want to get the girls in more trouble than they already are. Also, I figure if the farmer ever knew I’d even thought about calling the cops, that’d be the end of our little visits.

Then something happened to me that made me glad I’d kept my mouth shut:

My wallet was stolen. The police think it’s probably a student who’s been following me around recently, and who knows where I live, but refuse to approach him directly. We explained the situation to the principal, but he also refused, saying it was ”impossible to ask a child something like that.”
I’ve had several meetings with the Board of Education and the police, both of whom have told me in private that they are sure the kid did it, but are publicly saying I lost the wallet and suggesting I say the same, if know what’s good for me.
I’m pretty sure I’m never gonna see that wallet again. I don’t think there’s much more I can do about it. Pretty much, I’ve decided to regard this as a really, really expensive lesson on Japanese culture. Expensive, but also valuable. I’m just glad nobody was hurt and it was only my wallet.
However, I am worried about my identity. I’ve heard that thieves here sell stolen wallets to the yakuza and then the yakuza can frame you for a crime. What steps can I take against that? If it was the kid, then I don’t have to worry, but there were other people there that day. I think once the cops won the argument about the kid, they stopped the investigation. They’re not even looking anymore.
Maybe I’m being paranoid. I dunno. It seems unlikely that I could get framed for something if I have my own license on me. But then again…this is Japan. Stranger things have happened.

At least now I know not to tell the cops about the girls. Odds are they know already, and can’t or won’t help. I’ve researched further and found that being in one of these ”foreign trainee” programs excludes you from protection of the Labor Standards Law, injury compensation, etc. I think steps were taken a while ago to correct this (after the first year, you change from ”trainee” to ”worker”?), but I’m not sure if they succeeded or how effective they are. I’m still researching.

So that’s where I am now. The wallet seems to be a lost cause at this point, but I really want to help my friends. I’m a bit in over my head, however, and would greatly appreciate any advice you have for me. I’ve read some cases where foreign laborers were able to escape to safe places and get compensation for their mistreatment. I would like to see this happen, but I don’t know where to go or who to ask. I’ve been very careful in regards to the farmer; he still lets me and my friends come over and I don’t think he suspects I’m having these thoughts. If he did, we’d likely never see the girls again.
I know I only have one chance at this, which is why I’ve been waiting. I’m not a patient guy; this is probably the most patient I’ve ever been about anything in my life, simply because I’m scared to death of botching it. But waiting is also painful. I feel terrible for doing nothing. Please help, if you can, and thank you.

ENDS

Osaka Minami public campaign: “exclude bad foreigners” like yakuza, enlists enka singer as spokesperson

mytest

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Hi Blog.  Here we have a part of Osaka Chuo-ku making public announcements protecting their municipality against “illegal foreign overstayers” and “illegal workers”.  Using invective like “furyou gaikokujin haijo” (exclude bad foreigners), it’s rendered on the same level as the regular neighborhood clarion calls for “bouryokudan haijo” (exclude the yakuza).  I see.  Foreigners who overstay their visa and who get employed (sometimes at the behest and the advantage of the Japanese employer) are on the same level as organized crime?  And you can pick out Yakuza just as easily as NJ on sight, right?

This campaign has been going on for years (since Heisei 17, five years ago), but the Yomiuri now reports efforts to really get the public involved by tapping an enka singer to promote the campaign.  How nice.  But it certainly seems an odd problem to broadcast on the street like this since 1) I don’t see the same targeting happening to Japanese employers who give these “bad foreigners” their jobs, and 2) numbers of illegal overstays caught have reportedly gone down by half since a decade ago.

Never mind.  We have budgets to spend, and disenfranchised people to pick on.  Nice touch to see not only sponsorship from the local International Communication Association (how interculturally sensitive!), but also “America Mura no Kai”, whatever that is.  Yet another example of state-sanctioned attempts to spread xenophobia and lower the image of NJ — this time by gangsterizing them.  Arudou Debito in Sapporo

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June 3, 2010, MB writes:

Hi Debito, First of all let me say that your efforts are really appreciated and I really think that you help many people !!

By the way, I just found this article:
http://www.yomiuri.co.jp/e-japan/osaka/news/20100603-OYT8T00084.htm


which is connected to the http://www.fuckedgaijin.com/forums/showthread.php?t=25068

Every now and again, local districts around the country will appoint an honorary chief of police for the day who will usually attracts media coverage for some regular campaign. Minami in Osaka recently chose enka singer Reiko Kano to go out and raise awareness among local residents. You must be wondering what issue was she given to promote Perhaps bicycle parking or warnings about ATM bank fraud? Osaka sees a lot of purse-snatching so maybe she was passing out fliers about that. Actually, it appears the Minami police decided to use the singer to put people on the alert for illegal immigrants. The fliers, put together by police and a local residents group, read 「Stopザ・不法滞在」 (“Look out for illegals”). Police say they caught 150 last year. That’s down 50% from 10 years ago but there are concerns that fake passports and fake gaijin cards are getting harder to spot.

I just thought that maybe it could be of interest for the blog. I must admit that this movement to “clean” Minami in Osaka is not all that bad BUT I especially didn’t like this:
http://minamikasseikakyogikai.org/kankyo.html

7) 不良外国人の排除
8) 暴力団の排除

Maybe I’m over-sensitive but using 排除 with 人 it doesn’t sound too good…..plus it’s just above the Yakuza….comparing a person without a visa to a gangster is not very nice.

All in all it seems that the campaign aims also to promote Osaka (and Minami) as a touristic spot thus they aim at “cleaning” the city and give a nice image to the “foreign tourists”…

ENDS

Claiming workplace harassment is “The Japanese Way” costs Eikaiwa GEOS in NZ NZD 190,000 in court

mytest

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Hi Blog.  Here’s something that should raise a smile this Saturday morning.  Somebody working in an administrative position as a NJ in a Japanese company (GEOS, an Eikaiwa!) gets harassed in the workplace (gosh, what a surprise).  Then when taken to court, the company tries to claim this harassment is “The Japanese Way”!  Guess what:  They forgot this ain’t a Japanese courtroom where this actually might wash.  They lose.  Just goes to show you that what are considered working standards in Japan towards NJ (or anybody, really) aren’t something that will pass without sanction in other fellow developed societies.  Attitudes like these will only deter other NJ from working in Japanese companies in future.  Idiots.  Arudou Debito in Sapporo

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‘Japanese way’ costs $190,000
By Joseph Barratt, Courtesy of CM
New Zealand Herald Sunday May 30, 2010

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10648373

The boss of a multi-national English language school in Auckland has been awarded $190,000 after an employment tribunal dismissed claims he was used to being treated “the Japanese way”.

David Page was stripped of his job as regional director of GEOS New Zealand at a conference in 2008 and demoted to head of the company’s Auckland language centre.

In April last year, he was fired by email after being given “one last chance” to make the school profitable.

Page launched an unfair dismissal claim against GEOS, which comes under the umbrella of the GEOS Corporation founded by Japanese businessman Tsuneo Kusunoki.

But the company responded by claiming that Page “accepted understanding of the ‘Japanese way’ of doing business”. They went on to say he was used to Kusunoki “ranting”, “berating” and “humiliating” people “so this was nothing new”.

But the Employment Relations Authority said the company’s failings were “fundamental and profound”.

Member Denis Asher said the final warning was “an unscrupulous exploitation of the earlier, unlawful demotion”. He said: “A conclusion that the ‘Japanese way’ already experienced by Mr Page was continuing to be applied is difficult to avoid.”

Page, an Australian, started with the company as general manager for GEOS Gold Coast, Australia, in July 1999.

He moved to Auckland in March 2006, to take on the role of regional director. He was informed of his demotion at a regional conference in Thailand in November 2008.

Four months later he received a final warning that if the Auckland language centre was not in profit by the end of May his employment would be terminated.

Asher also said “an entirely unfair, unilateral process was applied” by the company in the decision to dismiss Page.

Page was awarded $55,000 for loss of income, $21,000 for hurt and humiliation, and $31,849.99 for long service leave. The total amount, including superannuation, under-payment of salary, holiday pay and bonuses came to more than $190,000.

The parent company, GEOS Corporation, went bankrupt in April owing $121 million. The New Zealand branch has been taken over by New Zealand Language Centres Limited. They refused to comment last night.

ENDS

Japan Times satirical piece on Gunma Isesaki bureaucrat beard ban

mytest

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Hi Blog. Here’s an excerpt of a satirical piece that appeared in the Japan Times Community Page earlier this week. On the Gunma-ken Isesaki City Bureaucrat Beard Ban. Thought it very funny. Especially when it brings up the nationality of my own beard! Arudou Debito in Sapporo

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Tuesday, June 1, 2010
THE ZEIT GIST
Gunma city does battle with beards
Local government’s hairy-chin ban sets example for nation
By JAY KLAPHAKE

http://search.japantimes.co.jp/cgi-bin/fl20100601zg.html

I would like to draw readers’ attention to the outstanding work of the municipal government of Isesaki, Gunma Prefecture. After receiving complaints that citizens find bearded men unpleasant, Isesaki — just as all levels of Japanese government often do — took decisive action to address an important public concern: The city announced a ban on beards for municipal workers.

Isesaki deserves our thanks for recognizing that allowing beards is the first step along a slippery slope. If we let government workers get away with improper grooming, the next thing you know they will start being creative and ask inappropriate questions like, “If we are actually trying to reduce carbon dioxide emissions, maybe we shouldn’t make expressways toll-free?” or, “Why don’t we budget more to ease the national shortage of child-care facilities instead of giving parents a per-child payout every month?”…

Tokyo Gov. Shintaro Ishihara has been quick to point to surveys that show government workers with beards are more likely to be supporters of voting rights for non-Japanese residents than clean-shaven employees. Excessive facial hair could even be used to mask an individual’s foreign roots, meaning that many of the hirsute could be naturalized citizens or children of naturalized citizens…

A legal defense committee led by human-rights advocate Debito Arudou (of course he has a beard) and law professor Colin P. A. Jones is looking into whether Isesaki used off-budget secret funds to operate a barbershop in the basement of City Hall and provided free haircuts and shaves to public employees. Arudou reportedly tried to enter the barbershop but was refused access because his beard didn’t look Japanese, even though he insisted that his beard did, in fact, become Japanese several years ago.

Professor Jones has apparently filed a freedom of information request for documents detailing whether, and how much of, taxpayers’ money was used for the secret project. In response, the city said that no such documents could be found, no such barbershop exists, and furthermore it would be a violation of the privacy of the barber to say anything more…

Rest of the article at
http://search.japantimes.co.jp/cgi-bin/fl20100601zg.html
ENDS

JIPI’s Sakanaka in Daily Yomiuri: “Japan must become immigration powerhouse” (English only, it seems)

mytest

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Hi Blog.  Sakanaka Hidenori, former head of the Tokyo Regional Immigration Bureau who has been written about on Debito.org various times, had an article on the need for immigration to Japan in the Daily Yomiuri the other day.  Happy to see.  However, I can’t find a Japanese version in the paper anywhere.  Tut.  Arudou Debito in Sapporo

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Japan must become ‘immigration powerhouse’
Hidenori Sakanaka / Special to The Daily Yomiuri
May. 26, 2010,
Courtesy of Daily Yomiuri staff
http://www.yomiuri.co.jp/dy/columns/commentary/20100526dy01.htm

The size of a country’s population is a fundamental element of its government, economy and society. If the population keeps shrinking, it is self-evident that the nation’s strength will wane, the economy will shrink and the survival of society will be threatened.

Three elements contribute to demographic changes: births, deaths and migration across national borders.

In the face of Japan’s population problem, the government has focused on measures for boosting the birthrate. Huge sums of money have been poured into programs such as child allowances to help people raise children.

But will the nation’s population start growing just by continuing with these measures?

My view is that a low birthrate is unavoidable as a civilization matures.

Other industrially advanced countries have also turned into societies with low birthrates as they have matured. Advancements in education, increased urbanization, the empowerment of women and diversification of lifestyles also exemplify the maturity of a society.

Japan, a mature civilization, should expect to experience a low birthrate for at least the foreseeable future.

Even if the government’s measures succeed in increasing the birthrate sharply and cause the population to increase, any era of population growth is far away and will be preceded by a stage of “few births and few deaths,” where there are declines in both birth and mortality rates.

Accordingly, the only long-term solution for alleviating the nation’s population crisis is a government policy of accepting immigrants. Promotion of an effective immigration policy will produce an effect in a far shorter time period than steps taken to raise the nation’s birthrate.

We, the Japan Immigration Policy Institute, propose that Japan accept 10 million immigrants over the next 50 years.

We believe that to effectively cope with a crisis that threatens the nation’s existence, Japan must become an “immigration powerhouse” by letting manpower from around the world enter the country.

By allowing people from a wide variety of racial and cultural backgrounds to mingle together, a new breed of culture, creativity and energy will arise, which will surely renew and revitalize Japan.

If this proposal is implemented, the 10 million immigrants, most of whom will be young workers, will lessen the burden on young Japanese in funding social welfare programs for the elderly. The new immigrants will be “comrades,” not competitors in tackling the challenges of a graying society and a declining population.

Young Japanese workers will need to join forces with the immigrants to weather these difficulties.

Encouraging the acceptance of immigrants will not only help Japan out of the population crisis. The immigrants will also serve as a driving force in converting this homogenous and uniform society into one teeming with diversity, where a galaxy of talented people will interact to create a vigorous multiethnic society.

It also must be clearly stated that if Japan hopes to benefit by throwing its doors open to immigrants, it must become a place where immigrants have sufficient opportunity to fulfill their dreams.

Analysts at home and abroad have often declared the “sinking of Japan” because of its passivity over reform, but there can be no denying that transforming Japan into an immigration powerhouse should be the ultimate goal of any reform agenda.

If this country dares to implement the immigration policy we envision, the world will surely welcome the opening of this country’s doors to immigrants as a “revolution of Japan.” This, I believe, will boost the presence of the nation in the international community.

This is the “making of a new nation” that could develop into a change as radical as the Meiji Restoration.

The grand, revolutionary task of transforming Japan cannot be achieved without ambitious men and women in their 20s and early 30s, people like Sakamoto Ryoma and Takasugi Shinsaku at the end of the Edo period (1603-1867).

With this in mind, I plan to establish a school in July for young people to discuss what a desirable immigration policy should entail.

I hope this will help foster leaders for the Heisei era (1989- ) that will carve out a future for Japan.

Sakanaka, former head of the Tokyo Regional Immigration Bureau, is executive director of the Japan Immigration Policy Institute.

ENDS

Robert Dujarric in Japan Times: Immigrants can buoy Japan as its regional power gives way to China

mytest

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Hi Blog. Here is a thoughtful article from Temple University’s Robert Dujarric on how immigration might help Japan as its power wanes vis-a-vis China.

I will say, however, that if Japan offers the promise of domestic work, and if (to quote Dujarric) “Many individuals would start to study Japanese, in the hope of one day working in the country.”, then it had better make good on the promise of offering equal opportunity for advancement and assimilation regardless of background, by enacting laws that protect against discrimination.  We were made a similar promise under the purported “kokusaika” of the Bubble Era.  That’s why many of our generation came to Japan in the first place, and decades later feel betrayed by the perpetual second-class status.  Arudou Debito in Sapporo

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The Japan Times Thursday, May 20, 2010
Immigrants can buoy Japan (excerpt)
By ROBERT DUJARRIC Special to The Japan Times

It is not possible to spend more than a few minutes with a Japanese diplomat or scholar without hearing the “C,” namely China. Most of them are convinced that the People’s Republic is expanding its global influence while Japan’s is shrinking. The entire world, and most worryingly Asia, which used to look toward Japan when Harvard scholar Ezra Vogel crowned it “No. 1” now sees China not only as the country of the future but already as today’s only Asian giant.

There is an element of truth in this concern. China has deepened and expanded its economic, political and cultural reach in the past two decades. Japan, on the other hand, has failed to show the same dynamism. Past and current Japanese administrations have sought to counteract these trends, but their ambitions have generally been thwarted by the unwillingness to spend more (foreign aid, cultural diplomacy, etc.) and the power of the agricultural lobby, which has forced Japan to lag behind China in initializing free-trade agreements (the value of which may be disputed, but they do have a public-relations impact).

There is one area, however, where Japan could engage in a strategy that would simultaneously help its economy and give it an edge over China. This is immigration. Japan is unique among economies that are highly developed and in demographic decline in having so few immigrants. In fact, even European states that are in much better demographic condition also have large numbers of foreigners and recently naturalized citizens in their labor force.

The domestic economic advantages of a more open immigration policy are well documented. What is less understood is how it can be used as a foreign policy instrument. If Japan were home to several million guest workers, the country would become the lifeline of tens of millions of individuals back in their homeland who would benefit from the remittances of their relatives in the archipelago. Its economic role in the lives of some of these countries would become second to none. Many individuals would start to study Japanese, in the hope of one day working in the country. Familiarity with Japan and its culture would also rise dramatically in these nations.

Moreover, Japanese diplomatic power would increase as well…
Rest of the article at
http://search.japantimes.co.jp/cgi-bin/eo20100520a1.html

ENDS

Matthew Apple on how to take child care leave in Japan. Yes, even in Japan. Sanctioned by the GOJ.

mytest

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Hi Blog.  I just received this informative essay yesterday from Matthew Apple, who is currently on leave from his school, subsidized by the GOJ, to raise his child.  Called Ikuji Kyuugyou, Child Care Leave is possible in Japan, and he kindly offers his insights on how to do it.  I suggest expectant and new parents look into this.  It might make a difference between a well-balanced or an isolated latchkey kid in future.  Arudou Debito in Sapporo

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Taking Leave: How I Successfully Applied for Child Care Leave in Japan

By Matthew Apple, Special to Debito.org.  Received May 20, 2010.

The other day while playing with my one year old daughter at a local child support center, I was asked by a group of mothers if I had taken one or two months of child care leave. “No, a full year,” I responded.

Stunned expressions of disbelief followed. But I’ve gotten used to that—even though I recently became one of the few men in Japan (less than 2% annually) to take child care leave. Ah, of any kind.

My child care leave officially started on April 1, 2010, but the process of applying for leave started about half a year prior to that. Technically, I was required to give about one month’s notice before applying for leave, according to the Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (one of the longest names on record, perhaps?). However, I was asked in November, 2009, by the General Affairs Office of my school to check with my department head for “permission” to take child care leave.

Said permission notwithstanding, the General Affairs Chief promised me at the time that, in the event the Department Head refused or evaded, he was prepared to support me in my claim as to the legality of taking child care leave. Fortunately, it didn’t come to that, and I was given permission to apply for the leave.

The conditions for applying for Child Care Leave were a bit complicated, but the forms were fairly simple. Essentially, because my wife or other close family relative (i.e., grandparents) was unable to care for my infant daughter, I was allowed by law to take child care leave. This is called “ikuji-kyuugyou,” or 育児休業 in Japanese. Recently I checked the Ministry of Health, Labor, and Welfare’s homepage and discovered that the English version (http://www.mhlw.go.jp/general/seido/koyou/ryouritu/index.html) states that the leave can only be taken until the child is one year old, or in some cases up to 18 months old.

(For more information and links to child care leave documents, please visit “Applying for Child Care Leave in Japan,” at http://takingleaveinjapan.wordpress.com/leave-links.)

Yet I was told by the General Affairs Chief that I could take leave until my daughter was 3 years old. Since the original law was promulgated in 1991, it seems to have been revised several times. On the web the most recent revision was listed as 2005; however, since the vast majority of information available is in Japanese (including the links to the English version of the law) it may be that the information online is outdated already.

At any rate, the conditions of the leave were that I had to be already employed for over 12 months, that I had to be able to continue working at the same company after the leave ended, and that I would not be paid at all during the leave. The last condition hurt; I was even told that not being paid during leave would additionally impact on my retirement pay from the school as well as national pension. Moreover, I still had to pay income tax, since income tax in Japan is based on the previous year’s income. But in this case, the means justified the ends. My daughter’s welfare was more important to me than a year’s salary.  At least I won’t have to pay any income tax at all next year.

Last week, I was further informed that I could receive some financial support from the government to help care for my daughter. The official form is administered by Hello Work (surprisingly), and all funds come from unemployment insurance. Basically, I get 30% of my base salary until my daughter turns one year old, and then six months after I go back to work, I get an additional 20% as a bonus (for going back to work, I suppose). Theoretically, it’s possible to extend the benefits until my daughter is the age of 18 months, but I would have to apply and be rejected from an officially-approved day care facility after my daughter’s birthday. Seems a bit besides the point, since I’ve already taken the year leave, and since she was already rejected in February.

As I said, I was given permission to take child care leave, which to my knowledge is the first time a male employee at my school has ever done so. One person in my department tried to convince me otherwise, saying that he and his wife had left both their children at day care when they were four and five months old. However, other male colleagues encouraged me and even congratulated me for taking the leave. Several privately confided that it was too bad the law wasn’t in effect when their own children were born. On the other hand, one female colleague told me that her husband not only didn’t bother taking leave a few years ago, but furthermore refused to lift a finger around the house at all. She lamented the fact that “Japanese men” expected their wives to do all the child-raising in addition to working a full-time job.

Not being a Japanese man, I can’t say whether this accusation is true or not. I only know two things: The first is that Japan has the world’s lowest rate of childbirth, in addition to the world’s lowest rate of fathers taking child care leave. These seem logically connected.

The second is that, as a teacher, I am expected to care for my students. If that’s the case, then, how can I take care of other people’s children before learning how to care for my own child?

(You can read more about my “adventures” during my year of leave at my blog, Taking Leave in Japan at http://takingleaveinjapan.wordpress.com. )

ENDS

Former J employees sue Prada for sexual and power harassment, TV claims “racial discrimination”

mytest

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Hi Blog.  In an interesting twist to the whole “racial discrimination” issue in Japan, we have Japanese managers suing their former employer, world-famous luxury brand maker Prada, for alleged workplace sexual and power harassment, and “lookism” (i.e. treating people adversely based upon their “looks”).  Some excerpts from the Japan Times:

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The Japan Times Saturday, March 20, 2010
Fired Prada manager files suit (excerpt)
By MINORU MATSUTANI Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20100320a8.html
Former Prada Japan manager Rina Bovrisse filed suit Friday with the Tokyo District Court, seeking compensation for emotional distress from alleged harassment, she and her lawyers said….

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The Japan Times Saturday, April 17, 2010
Ex-Prada exec claims harassment (excerpt)
By MINORU MATSUTANI Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20100417a6.html
Former Prada Japan senior retail manager Rina Bovrisse, who is suing the company over emotional distress from alleged harassment, said Friday she took the action to support mistreated working women in Japan who don’t feel they have the power to fight their employers.

“I filed the lawsuit against Prada Japan for creating a working environment cruel and unsafe for women,” Bovrisse said at a news conference at the Tokyo District Court. “Prada Japan’s personnel practice is abusive to women.”

The civil trial, in which Bovrisse will argue that the Italian fashion company discriminated against her and other female workers for what the company president called poor appearance, will get under way May 14. She is demanding an apology, compensation and cancellation of her dismissal from the company….

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The Japan Times Saturday, May 15, 2010
Two former managers to file harassment suits against Prada (excerpt)

By MINORU MATSUTANI Staff writer
http://search.japantimes.co.jp/cgi-bin/nn20100515a9.html

Two former shop managers of Prada Japan will file harassment lawsuits against the company, a move inspired by a former senior retail manager who sued the company for another harassment case, her lawyer said Friday.

Yoshiki Kojima, the lawyer for former senior retail manager Rina Bovrisse, revealed the move when her suit commenced before the Tokyo District Court. Bovrisse is demanding the company apologize, pay compensation for emotional distress and come up with measures to prevent harassment. […]

Bovrisse alleges Prada Japan’s CEO asked her to get rid of shop managers and assistant managers who he described as unattractive last May. After she refused to do so, Prada Japan’s human resources manager gave most of those managers, including the two planning to file suit, transfer orders that amounted to demotions in May and June last year, according to Bovrisse and a shop manager and two assistant shop managers who received the orders.

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不当に解雇されたとして「プラダジャパン」を訴えていた元女性部長が法廷で意見陳述
FNN News May 14, 2010

http://www.fnn-news.com/news/headlines/articles/CONN00177301.html
セクハラやパワハラを受け、不当に解雇されたとして「プラダジャパン」を訴えていた元女性部長が、14日に法廷に立った。対するプラダジャパン側も、全面的に争う姿勢。
白いワンピースにピンクのベルトを着用し、全身シャネルのスタイルで法廷へと向かう、「プラダジャパン」の元部長・ボヴリース里奈さん(36)。
ボヴリースさんは、「『やっときょう(14日)から始まる』という感じで。ただ真っすぐ行くっていう感じで」と話し、東京地裁へと向かった。
ボヴリースさんは、プラダジャパンから一方的に解雇されたとして、解雇の無効と慰謝料を求める訴えを起こしており、その1回目の裁判が14日に行われた。
解雇のいきさつについて、ボヴリースさんは4月に、「やせろ。オペレーション部長としてふさわしくない。ミラノ本社からの訪問者にも絶対に紹介したくないし、見せたくない(と言われた)」と話した。
2009年9月、人事部長から社長の言葉として、「やせろ」、「君の醜さが恥ずかしい」などと言われたため、イタリアの本社に直接報告したところ、部長職を解かれたなどとしている。
労働審判に訴えるも認められず、結局解雇となったため、異議を申し立て民事裁判で争うこととなった。
4月、ボヴリースさんは、「被害を受けた方全員に謝罪をしていただきたいし、やはりこういうことがあったことは認めて、そこからどうやって改善できるかっていうことを考えていただきたいですし」と話した。
提訴を受け、プラダ本社は、「プラダは、プラダに対してなされたそのイメージを傷つけるいかなる非難をも名誉棄損とみなします。プラダの権利を守るために、かつ、プラダの事業が被るすべての重大な損害に対して、会社は必要に応じて決然と対抗します」とコメントしていた。
14日の第1回の審理を前に、ボヴリースさんは、「『真実』という意味があるかなと思って、特に意識しているわけではないですけど、なぜか『白』を必ず選んでしまって。ピンクが好きなので、ハッピーカラーなので。たぶん、最後までピンクと白で通すと思います」と話していた。
午前10時45分に開廷。
ボヴリースさんは、「わたしは、性差別やハラスメントで苦しんでいる、すべての日本人の女性のために、立ち上がるべきだと考えました」と述べ、証言台で、しっかりとした声で意見陳述を行った。
その際、被告側の代理人の方に目を向ける場面が何度か見られた。
ボヴリースさんは閉廷後、「(意見陳述を)読み上げている時にも、怒りが増してきて、『こんな状況を代理するってどういうこと!』ということで、あまりにも感情的になってしまって、見てしまいました。にらみつけてしまいました。(プラダ側の反応は?)もう『無視』って感じなんですけれども、大丈夫です。これから無視できないよう頑張ります」と話した。
一方、プラダジャパン側は、全面的に争う姿勢を示し、ボヴリースさん本人に対し、名誉棄損などで反訴するとしている。
次回公判は、7月2日に予定されている。
(05/14 18:53)

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COMMENT:  Good, in the sense that people who are treated badly by employers don’t just take it on the chin as usual.  But what makes this a Debito.org issue is the allegation, made by at least one morning Wide Show (“Sukkiri” last Monday, May 17), is that the companies are practicing “racial discrimination” (jinshu sabetsu).

Funny thing, that.  If this were a Japanese company being sued for harassment (some examples here), there would be no claim of racial discrimination (as race would not be a factor).  But this time it’s not a Japanese company — it’s Prada.  Yet when NJ or naturalized Japanese sue for racial discrimination (as they did in the Otaru Onsen Case), the media would NEVER call it “racial discrimination”, merely “cultural misunderstandings” and the like.

Another example of the Japanese media saying racism is only something done TO Japanese, never BY Japanese?

Arudou Debito in Sapporo

Further reading: Indonesian “care givers” and those pesky qualifying exams: a means to maintain “revolving door” NJ job market?

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Here are a few articles that have sat in my “Drafts” section for months, waiting for the right time to be posted on Debito.org (it happens sometimes, sorry).  Their point is that we have plenty of voices saying that the NJ nurses brought under the special visa program ought to be given a bit more of a break when it comes to language training (again, these people are qualified nurses — it’s only a language barrier), and yet the GOJ intransigently says that these people don’t deserve one — they should pass the same exam that only about 50% of native Japanese speakers pass anyway.  Can’t you at least simplify the language and add furigana?  Noooo, that would be unfair!  As if it’s not unfair already.

I understand the argument that in emergency situations, people should be able to be communicated with without error, but surely there’s some grey in there.  My belief, as I said yesterday and numerous times before, is that this is just taking advantage of fear to mask the program’s true intention, of  keeping NJ on a short-term revolving door visa program so they don’t come here to stay permanently.  These articles below are further evidence I believe of the subterfuge.  Sorry to have taken so long to get to them.  One-two punch for this week.  Arudou Debito in Tokyo

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Survey: 70% want special exams for Indonesian trainees
BY TOMOKO SOGO, SONOKO MIYAZAKI AND MIKI MORIMOTO
THE ASAHI SHIMBUN

2009/11/3
http://www.asahi.com/english/Herald-asahi/TKY200911030096.html

About 70 percent of medical and welfare facilities with Indonesian nurse and caregiver trainees believe the national qualification exams should include some special treatment for those lacking fluency in Japanese, an Asahi Shimbun survey showed.

Thirty-seven percent of the hospitals and nursing-care facilities said furigana pronunciations for kanji should be added in the exam questions, the most commonly chosen request, while nearly 33 percent said the trainees should be allowed to take the exams in their native language or in English.

Fifty-nine percent said they were “satisfied” or “relatively satisfied” with the specialized job skills of the trainees, but less than 20 percent of those surveyed believe the trainees would be able to pass the exams.

Those who pass their exams are allowed to stay on in Japan, while those who fail must return to Indonesia when their stays expire.

An official at the Ministry of Health, Labor and Welfare dismissed suggestions that special considerations be made, saying that both Japan and Indonesia agreed that the trainees would “attain the required qualifications in line with Japanese law under the (economic partnership) agreement.

“We have no intention of lowering the standards of the exams,” the official said.

The survey was conducted between late September and early October and involved 47 hospitals and 53 nursing-care facilities. Valid responses were obtained from 86 of them.

The first group of 208 Indonesian trainees came to Japan in summer 2008. After receiving basic training, they have been working as novices at hospitals and nursing-care facilities. Nurse trainees have three chances to take the national exam during their maximum three-year stay in Japan.

Caregiver trainees have only one shot at passing their exam during their four-year stay because they are required to have three years of job experience.

Many of the trainees are either qualified to practice in Indonesia or have undergone training there. The difficulty in learning Japanese has been cited as their biggest obstacle in passing the national exams.

Thirty hospitals and 41 nursing-care facilities sought some kind of change to the exams, including eased language standards.

Fifty-eight percent said they hoped the government would extend the permitted stay period to give trainees more opportunities to take the exam.

The most commonly cited reason for seeking a change concerning Japanese language in the exams was that it was difficult for trainees to understand complicated kanji and technical terms used to describe common symptoms, such as bedsores and a patient’s posture.

Thirteen respondents, including nine hospitals, said they did not think any special treatment should be given to the trainees, citing the need to maintain fairness or prevent accidents.

Regarding Japanese language proficiency, 56 percent of the respondents said they were either “dissatisfied” or “relatively dissatisfied” with the trainees’ abilities, while 45 percent said the trainees lacked ample time to study the language.

They also cited a lack of staff members capable of teaching the Japanese language.(IHT/Asahi: November 3,2009)

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国家試験、言葉の壁訴え 外国人看護師ら受け入れ施設(1/2ページ)
2009年11月2日4時32分
http://www.asahi.com/national/update/1102/OSK200911010119.html

日本とインドネシアの経済連携協定(EPA)に基づき、看護師と介護福祉士の候補者を受け入れた病院・介護施設計100カ所の少なくとも7割強が、資格取得のための国家試験で日本語の振り仮名をつけたり、母国語の選択肢を設けたりするなど、何らかの配慮をすべきだと考えていることが朝日新聞社のアンケートでわかった。「試験に合格できると思う」と答えたのは2割に満たず、日本語の習熟がなお、厚い壁になっている実情が浮かんだ。

インドネシア人が働く全国の病院47カ所と介護施設53カ所を対象に、9月下旬から10月上旬にかけてアンケートを送付。「施設側の方針」などが理由の回答拒否を除く86カ所から回答を得た。

国家試験の受験方法について意見を聞いたところ、最も多かったのは「日本語の振り仮名をつける」で32カ所。「母国語や英語での選択肢を与える」も28カ所あった。「褥瘡(じょくそう)」(床ずれ)、「仰臥位(ぎょうがい)」(仰向けに寝た姿勢)など専門用語の多さや漢字の難しさが主な理由で、「その他」に記入のあった「受験回数を増やす」「試験時間の延長」なども含めると、71カ所(病院30、介護施設41)が何らかの変更を求めていた。

一方、「特段の配慮をすべきでない」は13カ所。このうち9カ所が病院で、日本人との平等性や医療事故の防止などが理由だった。

厚生労働省は「日本の法令に沿った資格付与が協定で決まっており、試験水準を下げることは考えていない」と受験方法の変更に否定的だ。それでも受け入れ側の要望が強いのは「このままでは合格できない」との危機感がある。

現段階での日本語能力に対する評価は、「不満」「やや不満」を合わせて56%。学習時間については、45%が「足りていない」と回答し、理由として「教える側の体制不足」などが目立った。

合格見通しは「合格者を出せると思わない」が33カ所(38%)で、「思う」の15カ所(17%)を大きく上回る。さらに、受験機会を増やすなどの理由で全体の58%が「在留期間の延長」を求めた。(十河朋子、宮崎園子、森本美紀)

看護・介護現場へのインドネシア人受け入れ 昨夏、第1陣の208人が来日し、研修を積んだ後、全国の病院と介護施設で働き始めた。それぞれ一定の専門知識を持つが、日本では無資格のため、看護師候補者は上限3年、介護福祉士候補者は同4年の滞在期間内に国家試験を受験。合格すれば引き続き滞在できるが、不合格だと帰国しなければならない。看護師試験が期間内に受験機会が3度あるのに対し、3年の実務経験が必要な介護福祉士試験は1度だけ。今年2月の看護師国家試験では82人が挑戦し、合格者はゼロだった。

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国家試験見直しへ議論 外相、外国人看護師研修生問題で
朝日新聞 2009年11月21日22時0分
http://www.asahi.com/politics/update/1121/NGY200911210022.html

岡田克也外相は21日、インドネシアなどからの看護師、介護福祉士の研修生が日本語の壁などで国家試験に苦戦し、期待される合格者数が確保できない問題について「本国では優秀なのに日本で3年間研修しても受からず、帰国するようなことがあってはならない」と述べ、外務省内で試験などの見直しに向け議論を始めていることを初めて明らかにした。

この日、三重県四日市市で開いたオープンセミナーでの講演で話した。岡田外相は経済連携協定(EPA)に基づき来日した研修生について「漢字が難しく、ほとんどの人が受からないだろう」との認識を示し、「ほとんど落ちるという試験とはいかがなものか。彼らに課すような試験ではないのではないか」と疑問を示した。

講演後記者団に対し、研修生の意見も聴き、見直しに向けて外務省で議論をまとめたうえ、今後、厚生労働省など各省庁と協議する考えを示した。(中川史)

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Indonesia to supply 500 more caregivers
Japan Times/Kyodo News/Bernama Nov 25, 2009

http://search.japantimes.co.jp/cgi-bin/nn20091125a7.html

Japan will accept up to 500 health care workers from Indonesia in the fiscal year that starts next April 1 under an economic partnership agreement, the health ministry said Tuesday.

The quota breaks down to 200 nurses and 300 nursing aides. The government has informed Indonesia of the decision, officials said.

In 2008 and 2009, Japan set the quota at 1,000 health care workers and accepted 570 from Indonesia — 277 nurses and 293 caregivers.

Japan International Corp. of Welfare Services, an affiliate of the health ministry, will seek out hospitals and nursing care facilities from across Japan willing to accept the Indonesian health care workers, the officials said.

Japan has accepted Filipino nurses and caregivers from the Philippines under a similar agreement.

While working they study for Japanese-language and medical tests to become licensed nurses and care givers.

Four of the Indonesian health care workers who entered Japan last year have returned home because of unexpected working conditions, climate or personal reasons.

The Japan Times: Wednesday, Nov. 25, 2009

Yomiuri, Terrie’s Take offer thoughtful essays on easing language hurdles for NJ on a tight deadline, such as Filipine or Indonesian nurses

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Here is a slew of articles regarding the Japan-Asian countries’ EPA program to import health care workers to Japan, which we have discussed on Debito.org before.

First up, some background FYI on the issue from the Japan Times, then an article by the Yomiuri on the language barrier faced by NJ nurses over here on the nursing visa program — once just Filipinos/Filipinas and Indonesians, perhaps being expanded to Thais and Vietnamese.  Then a thoughtful essay by Terrie Lloyd on the prospects of overcoming the language barrier in a decent amount of time.  And finally, a Japan Times article calling for a serious revision of the program to give people more time to come up to speed in the Japanese language.

Unsaid (so I’ll say it) is the quite possible goal of setting a hurdle too high in the first place, so that few NJ will qualify to stay longer than three years, and the visa status remains a revolving-door employment program.  It wouldn’t be the first time the GOJ has acted in such bad faith towards NJ labor.  Arudou Debito in Tokyo

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Background on the issue from Japan Times FYI Column:

FYI
FOREIGN NURSES
Language sets high hurdle for caregiver candidates
By MIZUHO AOKI Staff writer
Tuesday, May 11, 2010

(…)

Why did Japan start accepting nurse and caregiver candidates from Indonesia and the Philippines?

The acceptance is part of bilateral EPAs, one with Indonesia that took effect on July 1, 2008, and another with the Philippines that started on Dec. 11 the same year.

Under the accords, Japan can benefit from the reduction or removal of tariffs on Japanese goods. In return, Japan agreed to accept nurses and caregivers from the two countries as candidates for certification to work here.

Although the Health, Labor and Welfare Ministry has denied that accepting foreign caregivers is part of efforts to resolve the manpower shortage in health care, about 60 percent of hospitals and about 50 percent of welfare facilities that have accepted Indonesian candidates said they offered them jobs hoping to improve staff levels, according to a survey conducted by the health ministry.

What is required to become a qualified nurse or caregiver in Japan under the EPAs?

Both Indonesians and Filipinos must be qualified nurses in their home countries. Plus, Indonesian nurses must have more than two years of experience. Filipino nurses should have three years of experience.

For caregivers, Indonesians must be graduates of nursing universities or schools that require at least three years of study. Filipinos must be graduates of four-year universities or nursing colleges.

All are required to take six months of Japanese-language training before working for care facilities.

Nurses must pass the annual exam within three years, while caregivers get four years. To be qualified to take the exam, caregiver applicants must have three years of on-the-job training in Japan, which means they have only one shot to pass the exam before they are asked to return to their countries.

Rest at http://search.japantimes.co.jp/cgi-bin/nn20100511i1.html

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High language barrier for nurses
Yomiuri Shimbun Apr. 13, 2010
Hirofumi Noguchi and Takashi Ko
yama / Yomiuri Shimbun Staff Writers, Courtesy of Kevin
http://www.yomiuri.co.jp/dy/national/20100413TDY01T01.htm

Masugi Sato, the director of Sato Hospital in Hirakata, Osaka Prefecture, was deeply disappointed by the results of this year’s national nurses examination. Two foreign nurses are working at his hospital under a project tied to an economic partnership agreement (EPA), aiming to pass the nurses exam after acquiring work experience in Japan, but both failed the test.

Only three, or 1.2 percent, of the non-Japanese applicants for the latest test were successful.

“I was correct in worrying that the Japanese-language proficiency [of the two foreign nurses] might be insufficient,” Sato said.

The government announced the exam results March 26. It was the second chance to achieve qualification for the first group of foreign nurses who came to Japan under the economic partnership program.

In the first opportunity in 2009, 82 foreign nurses took the exam, and all failed. This year, 254 such nurses applied, and three passed.

The news was a relief for the different parties involved, but there were still 251 unsuccessful applicants. If any of the 98 Indonesian nurses in the first group fail the test next year, they will have to return home.

Japan has agreed to accept nurses and nursing caregivers from Indonesia and the Philippines under its EPAs with those nations. Currently, 840 foreign nurses and caregivers work in Japan under the program.

If they pass the qualifying exam within their designated periods–three years for nurses and four years for nursing caregivers–they can continue to work in Japan beyond those periods. The government is in talks to accept nurses and caregivers from Vietnam and caregivers from Thailand.

Sato Hospital hosts two Indonesians, and it is the hospital’s responsibility to prepare them for the test, although there are no established methods or textbooks translated into Indonesian. It takes the Indonesian staff one week to learn a single page in a textbook written in Japanese, looking up the technical terms in dictionaries as they go.

Indonesia does not have public health insurance or nursing care insurance systems. “The test covers three kinds of insurance programs, including national health insurance,” said Junichi Itaoka, 58, a volunteer who teaches Japanese to the nurses. “I taught them about it, but they don’t seem to grasp the differences.”

One of the two Indonesians, Ida Ayu Made Juliantari, had a good education in Indonesia and four years of work experience at a hospital there before coming to Japan.

But her experience often is not applicable in Japan. “In Indonesia, many patients [I dealt with] had infectious diseases or appendicitis. I rarely saw elderly people with dementia,” she said in Japanese.

Tomomi Yoshino, the chief nurse who is her supervisor, said: “She has only one more chance. We must do our best.”

===

Burden of education

Morina Melina Ross Tambunan, 23, is a nursing care worker at Arcadia, a health care facility for the elderly in Musashi-Murayama, Tokyo. She continues to help patients eat even when it is time for her break, and is well liked among them.

Chief care worker Manami Komatsu, 31, says: “She’s our role model for polite language. She inspires us.”

Overall, however, medical institutions are seeking far fewer foreign nurses and caregivers this fiscal year. In total, they have requested 139 nurses and 189 caregivers, 60 percent fewer than the previous fiscal year.

The reason is believed to be the educational burden involved in taking on foreign workers. Also, an increasing number of Japanese are seeking jobs in the nursing and caregiver fields amid the ongoing recession.

Morina plans to take the national qualification exam for nursing caregivers two years from now. The pass rate among Japanese applicants is 50 percent.

Morina takes a two-hour Japanese lesson three to four times a week, but is still far from the level needed to pass.

“Under the current exam, all [foreign] applicants may fail, and the program itself may fail,” said facility head Tsuneto Kimura. “Even if they don’t pass the same exam as Japanese applicants, they can work well.”

Numerous experts and observers are calling for the program to be reviewed.

Four hospital groups, including the Japan Hospital Association, submitted a set of proposals to the government last month. The proposals included:

  • Foreign nurses and caregivers should be provided with sufficient Japanese-language education before coming to Japan.
  • Candidates should be allowed to stay in Japan for an extended period and given more opportunities to take the exam.

A civic group named Garuda Supporters called for “special measures in consideration of the Japanese-language handicap,” such as extending the time applicants have to complete the exam.

The tests use terms so technical that few native Japanese speakers can read them. For example, “jokuso” is a synonym of “tokozure” (bedsore), and “goen” is a term for aspiration.

“I’ll ask the exam committee [that creates the questions] to consider whether difficult terms can be replaced with easy words,” Health, Labor and Welfare Minister Akira Nagatsuma has said,

Still, it is unclear whether word changes would boost the number of foreigners passing the exam.

To increase the number of successful applicants under the current framework, the government has begun supporting medical institutions in their efforts to help foreign employees improve their Japanese skills.

Starting this fiscal year, the government is granting subsidies to medical facilities to hire Japanese-language teachers.

The Japan International Corporation of Welfare Services, which acts as an intermediary between foreign nurses and Japanese medical institutions, distributed three kinds of textbooks for the exams.

“Hospitals are having a harder time and are more frustrated than we expected. We want to support them,” an official of the organization said.
(Apr. 13, 2010)

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

* * * * * * * * * T E R R I E ‘S T A K E * * * * * * *
A weekly roundup of news & information from Terrie Lloyd.
(http://www.terrie.com)

General Edition Sunday, May 09, 2010 Issue No. 564

Back in March (TT559) we reported that out of 257 Filipino nurses brought to Japan to help out with the nation’s nursing shortage, only 3 actually passed their Japanese-language nursing exams. While in 2009, none of the 82 candidates passed. This represents a stunning waste of human resources, money, and dreams, both here in Japan and back in the Philippines.

As we mentioned in the news item at the time, most of the blame on this rather miserable statistic can be placed with the Japanese authorities who conceived the program in the first place. How can someone possibly learn enough Japanese in the first 6 months that over the remaining 2 1/2 years of gruelingly long hours of manual labor they can then acquire the rest of the language needed to actually pass their nursing exams?

Indeed, one of the three to successfully pass recounted how she had to fight to stay awake and study until 01:00am every morning, trying to acquire sufficient kanji to read the exam questions in the first place. Let’s remember that she was already a fully qualified nurse — so this was really just a language issue.

From our experience (both personal and through observation) the quickest that an intelligent person not used to Chinese/Japanese characters can actually learn and be functional in the language, from zero, is about one year. And for those wanting to be productive (versus merely functional) two years is a much better time frame. These periods, by the way, mean FULL TIME study — in a highly structured classroom setting, with lots of quality teaching time, and with the very best language aids that money can buy. Add work responsibilities and long hours, and an immigrant may never master Japanese properly.

The basis for our saying one year is the practical minimum is based on the fact that certain diplomatic courses run here for staff of foreign embassies can turn out Japanese speakers/readers in one year so long as the person can dedicate themselves fully to their studies and doesn’t have to worry about income, job responsibilities, etc. Although the graduates from such courses can indeed read a newspaper after a year, they will quickly tell you that a dictionary and a spare hour per article is also needed to cope. That’s why we say that an extra year of study is worth investing in: it spares you having to carry a dictionary and hours of spare time.

Thus, to expect nurses from a relatively relaxed culture to come in and suddenly become Japanese-fluent, while changing bed pans and turning immobile patients over (remember they’re not registered in Japan as nurses yet, so the work is manual and extremely tiring) is just an exercise in futility.

And it’s not just nurses. There have been many schemes cooked up over the years to bring low-cost foreign workers to Japan and put them to work. One segment where there has been some (limited) success is in software development. In India, China, Vietnam, and the Philippines, there are numerous Japanese language schools servicing the needs of large corporations there that want to break into the Japanese market.

Typically these foreign employers have their engineers study on their own time initially, to prove that they have the basic interest, commitment, and capability. If the person passes their Japanese Language Proficiency Test (JLPT) Level Four exam, then they are given financial and work support to do a full-time course for at least 3 months to get to Level 3 or higher. If they pass Level 3, then they are placed on an eligibility roster for eventual assignment in Japan.

Now, admittedly, JLPT Level 3 isn’t really that useful in a Japanese work environment, you need to have Level 2 or even Level 1 ability to be a proper contributor. But at least one’s own personal needs and social support can be covered with Level 3. In reality, most of the work a foreign software person is going to perform in Japan anyway is going to be low level and relatively language independent. We say this because one of the most common jobs for foreign software developers is to churn out the mind-numbing code needed for device drivers and electromechanical devices. Recently there is some higher-end systems architecting work available, but this is still rare.

Anyway, we now have a situation where the designers of the nursing program are starting to realize that their charges are actually people and not little flexible-limbed robots, and therefore the idea of extending their language lessons by at least another 3-6 months without the conflict of grueling work schedules, is highly likely. Yes, it’s going to be expensive, but without such steps, they can forget about having 10,000 extra foreign nurses here.

Japan could learn about language learning for foreign immigrants by taking a look at how foreign companies prepare their own employees for overseas assignments, and pick up on best practices. The Nikkei’s erstwhile senior journalist, Waichi Sekiguchi, penned an interesting article several weeks ago about how Samsung prepares its staff for foreign postings, including coming to Japan.

He points out that the firm realizes that employees working abroad have to have strong language skills and so it has a program whereby trainees are sent abroad for a year, to intensively learn English, Chinese, or Japanese.

For the first nine months the employee does nothing but immersive study and for the following three months they are expected to get out into the local community and build a personal network. This last part is a stroke of brilliance because it strongly ties exam achievement with practical application of the newfound skill. Of course the employee receives salary during this entire period. Samsung also has Korea-based language training camps and about 1,100 employees attend these camps annually for 10 weeks of solid instruction. Apparently about 20,000 people, about 10% of the workforce, has gone through such intensive programs — which is very impressive.

Now, this discussion is about inbound workers rather than Japanese employees being sent abroad. So the point of the Samsung model is that here you have a large group of corporate elite, and even for such motivated employees the minimum language training offered is twelve months (if you include the three months dedicated to personal networking). This, in our opinion is the absolute minimum that should be offered to the nurses and engineers who are supposed to help out the nation in the future.

We have no doubt that some would prefer the technological answer. Therefore, one ray of hope may come from a company called Fuetrek, which has announced a software recognition application and accompanying chip set having an outstanding 99% accuracy. This is significantly higher than existing systems which come in at around 85% accuracy. The system uses a centralized network server to store and process a million-word/phrase database from input made on a cell phone or other remote device. The system is yet to be incorporated into any commercial devices, but if it is, perhaps this technology will go some way towards easing language issues for skilled foreign newcomers.

Of course if someone is having a heart attack and you’re out of translator batteries, then we wonder who gets the blame? The hospital, the nurse, or the translation device vendor? 😉

ENDS

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

JAPAN TIMES EDITORIAL (excerpt)

EDITORIAL Monday, April 5, 2010

Ease up on the nursing exam

It is clear that the Japanese language is the barrier in the exams. Trainees receive Japanese training for the first six months, but after they start working as trainees, they face increasing difficulty in allocating the time necessary to learn Japanese. Host institutions also have difficulty providing them with sufficient support. The government should work out the standards for acquiring the necessary Japanese-language ability and give the necessary financial and other support to trainees and host institutions to help them achieve the goals.

There is the opinion that sufficient Japanese-language ability is a must because failure to understand medical records containing technical kanji terms could lead to serious accidents. If so, the period of stay for trainees should be lengthened to give them the opportunity to strengthen their Japanese-language ability as well as more chances to take the exams. Trainees should not be sent back home disappointed and feeling that they have failed.

Full article at http://search.japantimes.co.jp/cgi-bin/ed20100405a2.html

ENDS

JALT PALE NEWSLETTER May 2010 (pdf file)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS now on iTunes, subscribe free

Hi Blog. The Japan Association for Language Teaching (JALT) SIG group Professionalism, Administration, and Leadership in Education (PALE) has just put out its next semiannual newsletter for the season.

Contents include 2010 average salary scales for university educators in the Kansai region (see how your salary stacks up; I’m about 300 man below average), a report on JALT’s advertising policies for unfair workplaces, a quick look at teaching licenses in Japan, MEXT scholarships and how international students are adversely treated, and how a university educator stopped his contract termination by hiring a lawyer.

Download PDF file of the newsletter here:
PALEMay2010

See PALE’s current archives at
http://www.pale-jalt.org/moodle
See past archives at
https://www.debito.org/PALE

I have been a member in good standing with this group for well over a decade, and spent several years editing the newsletter myself. Always worth your time and attention. And if you’re a member of JALT, do join our group. Our table is always the most exciting and I spend more time there every year than anywhere else.

Arudou Debito in Sapporo

GEOS Bankruptcy and G-Education takeover: Internal document forwarded to Debito.org stating staff not getting back wages

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS now on iTunes, subscribe free

Hi Blog.  I’m sure you’ve heard about the next great pop in the Eikaiwa Bubble in Japan, the bankruptcy of GEOS this month.  Looks like there be a similar takeover and people left without jobs or remuneration for past work, so people in the industry, heads up.  I was forwarded this morning the following internal email from GEOS, and those in the know might be able to explain better here or elsewhere what this all means.  FYI.  Arudou Debito in Sapporo

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

Begin forwarded message:

From: ジオス 法人営業部 加瀬 <junichiro_kase@geos-gci.jp>
Date: April 27, 2010 2:32:25 PM GMT+09:00
To: 法人営業部(中部) 加瀬 <junichiro_kase@geos-gci.jp>
Subject: 【【Notice to all GCI corporate class teachers】】

Dear all my hard working staff.

With the absolutely regrettable news of the bankruptcy of Geos Corp, I must tell you that your salaries for the time period between 2010, March 16th to 2010. April 21st Will NOT be paid to you. There isn’t any cash left. We will work on a way for you all to collect some of your money back through the government. We are still unsure of the procedures to do this.

G-Education has offered to take over the Geos Corporate sales Division and resume all corporate class operations from the May 6th 2010. However it will be under the new payroll system as follows:

  • All previously negotiated hourly/rates between the GCI and part-time teachers will remain in effect.
  • New Payment period will be as follows: For work done between 5/1 and 5/31+ transportation expenses  will be paid on 6/21. For work done between 6/1 and 6/30+ transportation expenses  will be paid on 7/20. etc.
  • Paydays will now be on the 20th of the month or previous business day should the 20th of the month fall on Nat. Holiday or weekend.

At this point the GCI has been completely decimated. Our clients are outraged and my teachers left on stand by.  Myself and Terakawa-san have made a gentlemens agreement to try and salvage and rebuild our perfectly-functioning, profitable corporate class system. We are giving ourselves 3 months to do it, or we will eat our hats.

What we need from all of my precious teachers is an agreement that you would like to continue your classes with Myself and Terakawa-san at the helm. Could you please respond to me by email  “Yes” or “No” If you respond “No” I hold no hard feelings against you and I would hope to work with you again in the future when other opportunities arise.  DEADLINE FOR RESPONSE WILL BE MAY 5TH 2010. And we hope to resume operations immediately after golden week.

At your service

Junichiro KASE
G-Education (GEOS Corporate Classes Division)

Junichiro_kase@geos-gci.jp

ジオス 法人営業部/加瀬淳一郎

連絡先; 080-3440-6397

————————————————-

旧ジオス法人営業部の固定電話は不通になっております。

新しい連絡先は別途お知らせいたしますので、

恐れ入りますが今しばらくお待ち下さい。

————————————————-

ENDS

Sunday Tangent: Racial profiling of immigrants becomes legal in Arizona. However, controversy ensues.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb

Hi Blog.  I have been hearing word from several sources about the new draconian laws being enacted in Arizona to catch illegal migrant workers, including legally-sanctioned racial profiling, and stopping people on the street for ID checks.  Many have said that it seems Arizona has taken a page out of the GOJ’s handbook for dealing with NJ in Japan.  The difference, however, is that 1) the US dragnet is (necessarily) a coarser mesh (as Japanese authorities have a wider view of who doesn’t “look Japanese”, since anyone can “look American” and more sophistication is needed over there), and 2) it’s caused a level of controversy that has never happened in Japan (imagine street protests to this degree, even a J prime  minister denouncing it?).

I believe it’s only a matter of time (and it will take some time) before the Arizona authorities stop the wrong person on racial grounds, other American laws kick in to protect people against racial discrimination, and American courts rule this Arizona law unconstitutional.  Wait and see.

That just ain’t gonna happen in Japan for obvious reasons:  We ain’t got no legal sanctions against racial discrimination, let alone this degree of people caring for the human rights of foreigners.  Arudou Debito in Sapporo

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

Mark in Yayoi writes:

Hey Debito, a bill just signed in Arizona:

http://abcnews.go.com/WN/obama-arizona-immigration-bill-misguided/story?id=10457567

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

Arizona’s Gov. Brewer Signs Controversial Immigration Bill

Brewer Says Law is Necessary to Solve a ‘Crisis,’ But Obama Calls Bill ‘Misguided’

By DEVIN DWYER and HUMA KHAN

ABC NEWS April 23, 2010 — Arizona Gov. Jan Brewer signed a controversial immigration bill into law today that will give local law enforcement greater authority to ferret out and arrest illegal immigrants.

Immediately before signing the bill into law, Brewer said that the legislation “represents another tool for our state to use as we work to solve a crisis that we did not create and that the federal government refuses to fix.”

“We in Arizona have been more than patient waiting for Washington to act,” Brewer said. “But decades of inaction and misguided policy have created a dangerous and unacceptable situation.”

The bill takes effect in 90 days after the current legislative sessions over the next several weeks.

“I firmly believe [the law] represents what’s best for Arizona,” said Brewer. “Border-related violence and crime due to illegal immigration are critically important issues for the people of our state, to my administration, and to me as your governor and as a citizen.”

The signing came just a few hours after President Obama harshly criticized the legislation, calling it “misguided.” The president also instructed the Justice Department to examine the Arizona law to see if it would violate civil rights.

Obama criticized the bill at a naturalization ceremony in the White House Rose Garden for active duty service members from 24 countries.

The president said if Congress fails to enact comprehensive immigration reform at the national level, “We will continue to see misguided efforts opening up around the country.”

The absence of a federal resolution of the controversial issue, he said, “opens the door to irresponsibility by others,” and he cited “the recent efforts in Arizona, which threaten to undermine basic notions of fairness that we cherish as Americans.”

So far this year, Congress and the administration have made little progress in advancing legislation on the issue.

Outside Capitol Building, Crowds Protest Decision

After the signing, crowds outside of the state capitol building erupted in anger. Carrying signs and American flags, they marched nearby, protesting the governor’s decision.

Brewer defended the law against claims that it is discriminatory, saying that she had worked for weeks to rework the language to strengthen civil rights protections. The governor also issued an executive order to develop training for state law enforcement to prevent racial discrimination or profiling.

“As committed as I am to protecting our state from crime associated with illegal immigration, I am equally committed to holding law enforcement accountable should this statue ever be misused to violate an individual’s rights,” she said.

The Arizona law makes it a crime under state law to be in the U.S. illegally and allows police to arrest and question suspected undocumented persons about their status without a warrant. It also criminalizes the transporting of an illegal immigrant anywhere in the state, even if by a family member.

Brewer, who faces a tough Republican primary in August, signed the same bill that former Arizona Gov. Janet Napolitano, a Democrat, vetoed three times.

Brewer was under intense pressure to not sign the legislation. Civil rights groups have decried the sweeping measure as opening the door to racial profiling and sowing distrust between Hispanics and the law enforcement groups charged with keeping them safe. Others said the law will pull resources from fighting more-serious crimes.

Thousands of people wrote or called the governor’s office, with a 10-to-one majority opposing the bill, a spokeswoman said.

“I don’t think anything has been this extreme until this point,” said Bridgette Gomez, a 24-year-old math tutor. “The evil is racial profiling, to think that you’re going to always have to show identification. Because I’m tan, I must be illegal.”

But supporters of the law, including U.S. Sen. John McCain, R-Ariz., have said it will help solve an illegal immigration crisis the federal government so far has not acted swiftly enough to contain.

Ariz. Immigration Bill Supporters Say They’re Enforcing Law

“Illegal is illegal,” said the bill’s sponsor, Republican state Sen. Russell Pearce. “We’ll have less crime. We’ll have lower taxes. We’ll have safer neighborhoods. We’ll have shorter lines in the emergency rooms. We’ll have smaller classrooms.”

An estimated 10.8 million immigrants live illegally in the U.S., according to the most recent Department of Homeland Security figures. About 460,000 live inside Arizona’s borders. Now that the Arizona bill has become law, it likely will face constitutional challenges.

President Obama said he’s instructed the Justice Department to “closely monitor” the situation and “examine the civilian rights” and other implications of the legislation.

The Mexican American Legal Defense Fund (MALDEF) and other groups are also preparing to challenge the legislation.

“The Constitution is pretty clear about having one set of rules,” said Thomas A. Saenz, general counsel and president of MALDEF. “Now, you have the state of Arizona coming along and creating an obstacle to federally mandated priorities.”

Still, state Sen. Pearce, a former deputy in the Maricopa County Sherriff’s Office, which is known for cracking down on illegal immigrants, said he’s merely trying to enforce law that’s already on the books.

“Illegal is not a race. It’s a crime. And in Arizona, we’re going to enforce the law … without apologies,” he said. “It’s just that simple.”

Vulnerable to Legal Challenges?

California attempted to pass a similar measure in 1994 — Proposition 187 — that was designed to keep illegal immigrants from using health, education and other social services.

Even though it passed, it was struck down by a federal court on the basis of constitutionality.

Similar legal challenges against Arizona are inevitable, Saenz said, and it will likely end up costing the state millions of dollars.

“Arizona is going to face very serious consequences if it enacts it,” Saenz said, comparing it to the experience in California, where the legislation was a “tremendously wasteful diversion of resources.”

“There was a palpable impact on international trade to California, in particular,” Saenz said. “It became clear over time that Mexican companies began to take their commerce through Texas and other border states because of pervasive hostility.”

But it’s high time states step up to the plate and do something about illegal immigrants, Pearce said.

“I would think this is a great opportunity to codify states’ inherent authority,” he said. “We created the federal government. We’re in charge. Constitutionally, we have inherent authority. It’s time to step up to the plate and start enforcing the law.”

This is not the first time Arizona’s state laws have come under fire. In 2005, the state made smuggling humans a state crime, and in 2007, it prohibited employers from knowingly hiring illegal immigrants.

Earlier this week, the state House voted for a provision that would require President Obama to show his birth certificate if he wants to be on the state’s ballot in the next presidential election.

Before the signing, protesters had hoped to build grassroots momentum to convince Gov. Brewer to veto the bill — an effort that ultimately failed.

“You hear story after story of youth that don’t find out until they’re 16 that they are undocumented because their parents didn’t tell them,” said Alicia Contreras, 26, a student at Arizona State University. “Arizona is ground zero for these type of immigration laws, and as a youth — high school, college students — we need to come together.”

ENDS

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

It looks like the state of Arizona is going to become exactly like the nation of Japan when it comes to immigrants and their civil liberties.  Mandatory carrying of papers, police empowered to question people and demand papers, punishment up to 6 months in jail and $2500 fine.

Obama has already spoken out against it.  (Imagine a prime minister doing that here!)

Provisions of the law here:

http://abcnews.go.com/US/wireStory?id=10463049

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

Key Provisions of Arizona Immigration Legislation

Key provisions of Arizona immigration legislation signed into law by governor

The Associated Press

Key provisions of Arizona’s immigration legislation, signed into law by Arizona Gov. Jan Brewer on Friday:

— Makes it a crime under state law to be in the country illegally by specifically requiring immigrants to have proof of their immigration status. Violations are a misdemeanor punishable by up to six months in jail and a fine of up to $2,500. Repeat offenses would be a felony.

— Requires police officers to “make a reasonable attempt” to determine the immigration status of a person if there is a “reasonable suspicion” that he or she is an illegal immigrant. Race, color or national origin may not be the only things considered in implementation. Exceptions can be made if the attempt would hinder an investigation.

— Allow lawsuits against local or state government agencies that have policies that hinder enforcement of immigration laws. Would impose daily civil fines of $1,000-$5,000. There is pending follow-up legislation to halve the minimum to $500.

— Targets hiring of illegal immigrants as day laborers by prohibiting people from stopping a vehicle on a road to offer employment and by prohibiting a person from getting into a stopped vehicle on a street to be hired for work if it impedes traffic.

— The law will take effect by late July or early August.

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

It’s as if they copied this stuff straight out of NPA guidelines!

This really is disgusting.  Commenters on the two stories don’t seem to be cognizant of the plight of legal immigrants who don’t yet have US nationality (perhaps because with dual nationality being allowed in the US, there’s no reason to remain a “foreigner” if you’re long-term), and are focusing only on the difference between US citizens and illegals.

Fortunately, people are protesting it already, both online and in the real world.  It’ll be interesting to see what happens with the inevitable falsely-accused people.  Hopefully the news outlets won’t drop the story.  MIY
/////////////////////////////////////////////

From Times Online (London)
April 22, 2010
Arizona Bill ‘puts racial profiling into law’
Giles Whittell, Washington, Courtesy of AI

http://www.timesonline.co.uk/tol/news/world/us_and_americas/article7104230.ece#cid=OTC-RSS&attr=797093

An anti-immigration law condemned as a licence for racial profiling is expected to come into force in Arizona within the next 48 hours. The law would be the first in the US to give police the power to stop citizens and demand proof of legal residence in the US merely on suspicion of not carrying appropriate papers.

Arizona’s Republican Governor, under pressure from right-wing rivals for her job, has until Saturday afternoon to sign or veto the measure. The Catholic Archbishop of Los Angeles, a leading champion of immigration reform, has denounced it as a mandate for “German Nazi and Russian Communist techniques” of snooping and betrayal.

Up to ten other states are said to be considering similar laws as pressure mounts on the Republican Right and along America’s southern border for state-based immigration crackdowns in the absence of federal immigration reform.

The Arizona Bill would make it a crime for legal immigrants not to carry their alien registration papers, and would allow police to arrest those unable to produce them — potentially upending the presumption of innocence underpinning US law and the principle that its enforcement should be colour-blind.

“It basically puts racial profiling into law,” a spokeswoman for the Senate Democrats in the Arizona state assembly told The Times yesterday.

One of the measure’s Republican sponsors, Representative John Kavanagh, called it “a comprehensive immigration enforcement bill that addresses the concerns of our communities, constituents and colleagues … gives our local police officers the tools they need to combat illegal immigration”.

The progress of the hugely controversial Bill through the state assembly has been closely watched throughout the country, and helped by a wave of anger over the murder of an Arizona rancher 20 miles from the Mexican border last month. Robert Krentz, 58, was gunned down on his own property by an unknown assailant whom police assume was an illegal immigrant involved in a drug-smuggling operation.

In a sign of the pressure on moderate conservatives to be seen to get tough on illegal immigration in an election year, Senator John McCain, once a champion of progressive immigration reform, has stunned former colleagues by endorsing the Bill. “The state of Arizona is acting and doing what it feels it needs to do in light of the fact that the federal government is not fulfilling its fundamental responsibility — to secure our borders,” he told Fox News as the measure was approved by the State Assembly on Monday.

The Bill also has the support of Sheriff Joe Arpaio of Maricopa County, the senior law enforcement official in the Phoenix area, who has gloried for decades in the unofficial title of “America’s toughest cop”. Mr Arpaio has courted sanction by federal authorities for years by encouraging his deputies to stop those they suspect of being illegal immigrants and demand to see their papers.

Arizona has the highest per capita population of undocumented aliens, with 460,000 at the latest estimate. Cardinal Mahoney has called the new Bill “the country’s most retrogressive, mean-spirited and useless anti-immigrant law”.

The Arizona state assembly has invited further controversy by granting initial approval to a Bill that would require President Obama to submit his birth certificate before having his name entered on ballot papers for the 2012 presidential election.

Accusations that Mr Obama was not born in the US and is therefore not eligible for the Presidency have lingered in the blogosphere since his candidacy gained national traction in 2007. As a matter of record, he was born on August 4, 1961, in Hawaii where his birth certificate is on file. His campaign has released a certified scanned copy of the certificate but some 40 per cent of Americans remain doubtful or unsure where he was born, according to polls.
ENDS

Case study about university contract termination of NJ reversed due to getting a lawyer

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  What follows is a template for how you can reverse an imminent “termination through contract non-renewal” decision made by a workplace (in this case, a university) that unilaterally decides you’re too expensive.  This sort of thing is SOP for NJ academics in Japan’s higher education, and it will continue to be so if NJ academics continue to roll over whenever faced with job adversity.  What did he do?  He got a lawyer, and the school rolled over instead.  Read on.  Arudou Debito in Sapporo

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April 11, 2010

This past December, just before winter vacation, the owner of the college where I teach called me into his office and announced in no uncertain terms that in 3 months, at the end of March, I would be fired.   After 24 years working for the school, with hardly any advanced warning, I was to be among the unemployed, and at an age (56) when it would be all but impossible to find a similar position in Japan.

The owner, not so generously, said he would allow me to continue as a part-timer at the bottom of the pay scale, with a loss of health care benefits, at an income which, unless I came up with something to supplement it, would impossible to live on.  In addition, he made it a point to explain, though I might have thought I was fulltime, for the first 5 years, (when I taught at both his high school and college) I actually was a part-timer, and that I could expect my retirement package to reflect it; no small thing as severance pay is weighted towards the last years of employment, those 5 years will cost me nearly $150,000.

Let me make it clear that I was employed at this school with the promise that it would be a permanent position, and that I would receive the same benefits as the Japanese teachers.  I never had a contract, and in fact, was told I did not need one because I was employed under the standard terms of employment (shugyou gisoku) that the Japanese employees received.   I paid into the pension plan, had health insurance, received bonuses.  I attended the meetings, worked the overtime.

On being transferred to the college, I was told, because the Japanese teachers had extra duties, I would be expected to teach a few more classes.  In time I found myself teaching twice the standard load of 6 classes (at 12 classes), and in addition to doing the teaching of two, because the part-timers they had employed to help out couldn’t be bothered, I was doing the testing and grading of four teachers.  I carried this kind of load for probably 15 years or so.  But in time, and after a few college presidents came and left, the school policy gradually shifted away from emphasis on English language education, and my classes slowly underwent a transformation from being required subjects for all, to elective subjects available to fewer than half of the students.  In short, over the past 5 years the school slowly phased me out.

As I believe that the circumstances I describe might apply to any number of foreign workers in Japan, I am writing in the hope you might gain from some of my mistakes.   First of all, verbal agreements mean nothing.   Insist on getting those promises in writing.   When I interviewed for my job at the high school, there were three people in the room, but 24 years later, two of them are dead, and the only person who might verify my story is the man I had to take to court.

If you believe in labor unions, better join up before you encounter any problems.  Or if you do try joining a labor union, don’t let them know of your predicament, or else they will have nothing to do with you.   (I couldn’t even get them to recommend a lawyer.)  Basically labor union resources are reserved for members of long standing who have paid their dues.

One little aside that was important for me.  For you teachers who are members of the private school pension plan, (Shigaku Kyousai), depending on your age, you do not need to work the full 25 years to qualify for your pension.  And for Americans (and other nationalities covered by similar treaties) if you have paid into your country’s social security system, you can get Japanese pension benefits depending on what you have paid into the system.

Don’t put off getting permanent residency.   Your school loves you now?  You just don’t know when they might turn on you.  That can change with the next high school principal or college president.

Finally, and most important of all, get a lawyer.  I simply would have been a dead man without one.  I was lucky enough to have a friend recommend one to me, and still luckier that he was willing to go to court.  It never seemed to even occur to my boss that I would or could litigate.  I had already received notice, the court date was set, and I was meeting with my lawyer.  It was March 30th and one day from termination, when I got a fax from my school’s lawyer rescinding it.  I’m back at work now as if nothing happened, though who is to say whether or not I won’t go through the same hell again next year.

And genuine thanks to Debito.  Outside of a friends and family, he was just about the only one to return my e-mails.   Not sure that I would have gotten through this without his advice and support.

ENDS

Asahi: J companies abandoning old hiring and promotion practices, offering NJ employees equitable positions (seriously, that’s what they say!). Come again?

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS now on iTunes, subscribe free

Here’s something that goes against common experience and common sense:  The Asahi claiming that more major Japanese companies are hiring NJ more equitably.  As in, they’ll be leaders in a quarter-century or so.  Yeah, I heard that back in the Eighties during the “Kokusaika Boom”, when I too was hired at Japanese companies to help with companies “internationalization”, and got out real quick when I realized it was fallacious.  What do others think?  Have things changed?  I have included some posts below from The Community talking about this, and they seem to disagree with the Asahi.  Arudou Debito in Sapporo

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Japanese firms adopt a global appearance
BY SOICHI FURUYA AND MAKOTO ODA THE ASAHI SHIMBUN
2010/04/06, Courtesy of JH.

http://www.asahi.com/english/TKY201004050360.html

With overseas markets increasingly seen as the key to their survival, Japanese companies are adopting a more “international” look at home involving changes that would have been unheard of years ago.

Long-held practices in hiring have been scrapped, as have limits on positions available to non-Japanese at the companies’ head offices in Tokyo and other Japanese cities.

Methods of communication have shifted as foreigners take on increasingly important roles in devising strategy for overseas sales.

The employment of Lee Guanglin Samson, a 29-year-old Singaporean, is one example of how electronic appliance maker Toshiba Corp. is evolving.

“Judging that a more global use of human personnel is necessary, we decided not to use Japanese-language abilities as a requirement for employment,” said Seiichiro Suzuki, head of Toshiba’s personnel center. “Those whom we want are people who will be able to become leaders of business divisions 25 years later.”

During his days at the National University of Singapore, Lee became so interested in Japanese culture that he read the English version of “The Tale of Genji,” an ancient and voluminous novel that no doubt took time away from his studies of his major: electrical engineering.

A job at Toshiba would have been impossible for Lee during his undergraduate years because of the company’s policy at the time to only employ foreigners who had studied at Japanese universities.

But in fiscal 2006, Toshiba began hiring graduates of universities in Thailand, Singapore and other countries where it has key offices.

After graduation, Lee in October 2006 joined Toshiba and was later assigned to its Corporate Software Engineering Center in Kawasaki.

“Toshiba is a global company. If I have a chance, I want to work at its overseas research center to expand my experience and knowledge,” he said.

Currently, nearly 140,000 foreign nationals work at businesses in Japan.

According to a labor minitry-commissioned survey conducted by the Fujitsu Research Institute on about 800 companies from September through October last year, nearly 40 percent of those companies have hired foreigners with high-level knowledge and skills, including engineers, in recent years.

But 58 companies have suspended their employment of foreigners, showing that language barrier and corporate culture clashes remain a potential problem.

In a country where company loyalty remains relatively strong, 25 percent of those companies said they stopped hiring foreigners because previous hires had left for other companies offering better working conditions.

In addition, 20 percent said they lacked supervisors who could work effectively with the foreign employees.

But the trend has been to expand hiring of non-Japanese as the domestic market shrinks and the declining birthrate is expected to lead to a huge shortage in demand in future years.

For Panasonic Electric Works Co., a maker of kitchen systems and other home-related products, a key economic statistic was 2009 housing starts, which stood at about 800,000, less than half of their peak.

“We cannot help but put more emphasis on overseas businesses. First of all, we will promote internationalization in our own company,” said Masayasu Yukioka, head of employment at Panasonic Electric’s personnel division.

As part of that process, the company hired Musaeva Feruza, from Uzbekistan, in 2008 at its personnel division.

“By using senses of values that are different from those of Japanese, we will be able to manufacture products that are suitable for each region (of the world),” Feruza said in a seminar in March for foreigners studying in Japan and hoping to land jobs at the company.

Meanwhile, Internet shopping site operator Rakuten Inc. regards 2010 as the year to develop into a truly global company.

In February, Rakuten began distributing papers written in English instead of Japanese at its Monday morning executive meetings, a policy that soon covered meetings attended by all employees.

And in March, the dozens of participants at the executive meetings were required to speak in English.

Rakuten assigns graduates of overseas universities to technological divisions in which they are required to improve their Japanese-language skills and learn in-house culture.

Those non-Japanese are expected to eventually play key roles in Rakuten’s offices overseas.
ENDS

/////////////////////////////////
Original Japanese follows:

求人、舞台は世界へ 日本企業に外国人採用広がる
2010年4月5日 朝日新聞
http://www.asahi.com/business/topics/economy/TKY201004040360.html

国境を越えた人材獲得が日本企業に広がっている。日本への留学生だけでなく、海外の大学を卒業した外国人を本社スタッフとして採用する例も増えた。少子高齢化で国内市場が急速に縮む中、海外ビジネスを広げるために「グローバル採用」のアクセルを踏んでいる。

■海外の大学卒に注目、「よりグローバルな人材を」

「東芝はグローバルな会社。チャンスがあれば海外の研究拠点で働き、経験、知識を広げたい」。川崎市にある東芝のソフトウェア技術センターで働くリー・クァンリン・サムソンさん(29)は、シンガポール国立大学で電気工学を専攻。源氏物語の英語版を読破するなど日本文化に興味があり、卒業後の2006年10月に入社した。

東芝は06年度から、拠点があるタイやシンガポールなどの大学の卒業生を採用し始めた。リーさんは「1期生」。それまでは日本留学の経験者を採っていた。人事部の鈴木誠一郎・人材採用センター長は「よりグローバルな人材活用が必要と判断し、日本語を採用条件にはしないことにした。欲しいのは25年後に事業部のリーダーになれる人材だ」という。

「(海外の売上高を増やすには)とがった製品を作ることが必要。日本人とは違った価値観を生かすことで、現地に適したものづくりができると思う」。システムキッチンなどの住宅関連メーカー、パナソニック電工のムサエワ・フェルザさん(ウズベキスタン出身)は3月、外国人留学生を対象にした入社セミナーで、こう話した。人事部採用グループで08年に入社した。

09年の国内の新設住宅着工戸数はピーク時の半分以下の約80万戸。人事部の行岡正恭・採用グループ長は「海外展開に力を入れるしかない。まず『内なる国際化』を進める」という。異文化の人材を受け入れて組織を活性化させようと狙う。

企業も変わろうとしている。楽天は、毎週月曜午前7時から執行役員ら数十人が出席して開かれる幹部会議の発表資料を2月から英語とし、3月からは発表言語も英語にした。全社員が出る朝の会議の資料も2月後半から英語になった。同社は今年を「真の世界企業への脱皮の年」と位置づける。

一方で、海外の新卒者はまず、日本の技術部門で勤務。日本語の習熟度を高め、「楽天主義」と呼ばれる社内文化や、報告、連絡、相談を徹底させる「報連相」などのビジネスマナーを学んだ後、将来は出身国で活躍してもらうことを視野に入れる。

■国内に14万人、言葉の壁も

人事コンサルティング会社、ジェイエーエスの小平達也社長によると、日本企業によるグローバル採用の「一波」は80年代後半から90年代初頭のバブル経済のころ。大手が欧米の文系スペシャリストを採ったが、バブル崩壊とともに下火になった。

第2期は90年代後半。IT企業や外資系が即戦力のインドや中国のエンジニアの採用を増やした。第3期は04年以降。アジアなど新興国への進出を迫られ、日本語を話せる留学生を中心にエンジニアの採用を増やした。

「いまは新たな波の前の端境期。ポスト3.0(第3期の後)だ」と小平社長。ここ数年、外国人採用による「組織の多様化」を期待する声が多いという。

日本人技術者の不足傾向も背景にある。法務省によると、「技術」資格で新規入国した外国人は98年は3293人だったが、08年には1万626人に拡大した。

いま日本には14万人近くの「外国人社員」がいる。厚生労働省が富士通総研に委託して昨年9〜10月、上場企業を対象に実施したアンケート(約800社が回答)によると、4割弱が技術者など高度な知識を持つ外国人を採用していたが、そのうち4割以上が「受け入れ部署が限られる」との悩みを抱えていた。「言語・コミュニケーション上の壁」との回答も4割近くを占めた。

また、一度は外国人を雇用しながら中止した58社に理由を聞くと、4社に1社が「処遇条件が良好な他社への転職が多かった」、2割が「雇用管理できる管理者が不足していた」と答えた。

外国人採用に熱心な富士通。言葉や異文化の壁で離職に至るケースを減らすため、生活や仕事に関する情報を入手できる英文サイトの立ち上げや異文化交流のセミナーを開くなど、孤立化を避ける取り組みを進めている。(古屋聡一、編集委員・織田一)
ENDS

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

COMMENTS FROM THE COMMUNITY:

April 7, 2010

From AB:

Had two interviews at two major Japanese companies about two months ago
(Nitori, the “home fashion” store found throughout Japan, and Zensho, the
company behind Sukiya and family restaurants, 3rd largest food company
behind McDonalds and Skylark).  I got “we don’t think a foreigner can handle
the intense Japanese work environment” from both, Nitori in particular
narrowed it down from “foreigner” to “Americans,” saying that it’s not
likely I’d be able to keep up, and even if I did, I would just get burned
out, because that’s just how Americans are.  The ultimate rejection was
mutual, I probably would have turned down their offer anyway after that.
The guy was extremely rude, addressing me in horrible Japanese, no manners,
etc.  It was so bizarre that I thought it might be a test, so I just slapped
a smile on and went with it, but I guess they were legit in their
discrimination after all.

This article just sounds like another case of “look at what an
internationally minded country we are, har har!” fluff that I hear all the
time when someone Japanese does something positive in the world.  If only
the country could see things through our eyes for one day, they’d shut up
with all of that さすが日本 (sasuga nihon) crap that I hear all the time,
particularly in the division of international affairs.

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

April 7, 2010

From CD:

AB, thank you for writing about your experience.  Although I’m in a different field (TESOL), when I lived in Japan, my hobby was interviewing.  I liked practicing interviewing for jobs in  Japanese (and thought it was good to show that non-Japanese people could), or if they wanted English, fine.  But my main point was to show, even show myself, really, that interviews are not the same as begging, and that they should be a 2-way street.  Not everyone who’s interviewing is desperate to get that job.  The prospective employer needs to get down on bended knee and thank lucky stars when the right candidate appears…and it is incredible how many instead maintain some sort of weird “objective” distance, even when they want you to acccept the job… that always made me really want not to work there!!  Now that I’m in the hiring seat myself, I’ve found this to make a huge difference… we get the candidates we want, and their transition is smooth, because I try to make sure they know from the first interview that we’d like them to come join us, and that we need and want them and would be nice co-workers.

Anyway, so I spent a lot of time turning down jobs, and almost always the reactions was SHOCK!!  But I’m offering you a JOB!!!  The funniest one was the time I applied to the [insert name of Japan, Inc.corporation] major competitor to the company my husband works for. First, it was just very interesting to see the differences between the 2 companies, because they both fit their corporate “branded” images to a “T”. Obviously someone had spent time making sure that interviews were part indoctrination from the get-go!  Don’t want any riff-raff sneaking in.

And second, it was amazing what a massive issue it seemed to be that I was related to someone who worked for the competitor.  Lots and lots of hemming and hawing and bizarre-seeming questions (would I be willing to tape over my cellphone’s camera while on site to prevent corporate espionage???…um, yes, but wouldn’t it just be easier not to hire someone who’s going to spy on you?)

Finally, the offer was made…ta-dah!!  I had the right to accept a 2-year, term-contract position, for a generous salary that was about 1/3 of what I was making teaching English to kids 3-4 hours a day.

My duties:  write and revise all PR releases and be essentially available to do whatever else they wanted me to do…everything from “helping” teach company classes to checking people’s emails to having “conversation lunches” with the secretaries was mentioned.

The schedule? 9-6, Mon-Fri.

I said (somewhere must have the tape I sneakily took), “although in the United States, that would be considered full-time work, essentially this is a part-time position, isn’t it?” (it was, of course, with no benefits).

They thought that was hilarious!!  How clever I was!!  I smiled and thanked them and went home, and they were going to call the next day, “after you have a chance to consult your husband about our offer.”

Tomorrow rolled around, and I said that I’d be happy to accept the position under the same working conditions as any average Japanese freshman employee…ie, lifetime employment, no special treatment.

But what???  I’m not Japanese!!  Why would I want that?  I would never be able to adjust!!  I told them that I had a pretty good idea, from watching my husband’s job, just what would be required, and felt confident in my ability.

No, I had to take the term-limited part-time job or nothing.  They did point out that the salary they were offering was higher than the starting salary for freshmen workers.

Needless to say, I decided not to take it.  It would have been interesting, though.

Their final reaction?  “But you don’t understand…this is [insert name of Japan, Inc. multinational corporation].  No one turns us down.”

Japan…gotta keep yourself entertained!!

Oh, and the best advice I ever got on job hunting, courtesy of my brother-in-law:  “Never even pretend to change yourself to get a job.  If you do, they just hired someone they don’t want, and you just ended up with a job that doesn’t fit you.  If they hire the real you, you’ll both be happier.”

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

April 7, 2010

From:  NM

The big companies have been hiring non-Japanese since the late 1980s, including technical staff. For view of what it’s like to be a permanent foreign employee in Japan Inc. see this book:

http://tinyurl.com/yk8u7lw
or
http://www.amazon.com/gp/product/1861977891/qid=1149169815/sr=1-1/ref=sr_1_1/102-7532168-7028949?s=books&v=glance&n=283155

==================
April 8, 2010

From: AB

That’s a good story, CD.  I can imagine that if I DID make it through
that last interview at Nitori, I would have at least made it an issue once I
was inside, if I didn’t just turn the position down all together.

That’s also good advice.  The best advice I’ve gotten otherwise from fellow
foreign people working in Japan was, “just don’t even apply to Japanese
companies,” lol.  Seriously, that was the “common” advice from multiple
people who don’t know each other, “just stick to foreign companies that
aren’t going to treat you like an idiot.” One person suggested just going
back to your home country, apply to a major company, and request a post in
Japan or in their Tokyo office.  And when I take a step back and look at the
whole picture, only one of my friends works for a major Japanese company,
and that was only because he applied from the American office as an American
who just requested to work in Japan.  Everyone else works for foreign
companies that just happen to have offices/locations in Japan.

You say you’re in the hiring position now.  In Japan?  What company?  How do
I apply?  🙂  My current job is going to end soon and although I’ve got my
applications out to several companies in Tokyo, nothing is set in stone yet.

And [another author], I would LOVE to know about how to go about suing Nitori.  Not
to get money or anything, but just so they get a lesson in, “look at what
happens when you treat people different based on nationality/race.”
Unfortunately, for that incident, I have no proof.  If I spoke up now, I
would just look like a disgruntled reject who is trying to strike back for
being rejected.  Even though I know there is no mistake, they would just
easily write it off as, “oh, he must have misunderstood us, as Japanese
isn’t his native language.”  The best I can do is just not shop at Nitori,
but admittedly, that’s not very satisfying.  I’ll never forget him just
saying, “the Japanese work environment is much more intense than your own
country, we’re not confident an American would be able to handle it.”  And
then he topped off the end of the interview with, “well, I think you should
just stick to education.”

Lol, just coincidence, and unrelated, but as I’m typing this in my Japanese
office, I’m listening to a conversation about how they changed out everyones
old-school ball mouses for lasers because the ball mouses kept sticking and
wouldn’t drag properly.  Guess who’s computer is the only one that remains
unchanged, and who will never get a proper notification of “we have laser
mouses” outside of overhearing a conversation.

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

April 8, 2010

From: CD

I direct a university intensive English program here in the US…but when I was in Tokyo, yeah, I’d interview for anything.  I remember a shady-seeming “foreign ladies to introduce art exhibitions to potential investors” gig towards the end of the bubble years.  The salary was supposedly 600,000 yen/ month, and there were at least 50 people interviewing the day I was.  It seemed pretty close to selling jeans at the Gap, but I only made it to Round 2, so maybe at some point art knowledge was required.

Rather than boycott the whole system, if it’s not going to upset your life, I’d recommend getting out there into the job market and sharing your honest perspective.  After all, if things just stay the same all the time, why would they change?  But it sounds like you need work, so forget the crusading and just be creative and positive in your search.  There is something good out there for you; it’s just a matter of finding it.

And for those talking about suing, I am curious just what we might sue these companies for, considering that in Japan it’s not illegal to discriminate on the basis of race or ethnicity, right? They can do as they please, and they do.  In fact, the former Dean of the longest-existing US branch campus in Tokyo instructed me to take the non-discriminatory policy statement out of the university’s Chronicle ad…because the school is a Japanese private corporation, and so he had no need to follow the Equal Opportunity policy in hiring.  Students assumed that all of the American faculty came from the US, but of course we were mainly local hires.  So even Americans can learn to practice discriminatory hiring in Japan.

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

April 8, 2010

From EF

I’m sure we all have been turned down for one thing or another, however I
look at as a blessing.  Mid last year I was turned down, because a Japanese
person was a requirement.  My wife said to me, at least you don’t have to
worry about always playing on the visiting team if you got that job…  You
know what, she was right.

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

ENDS

EUROBIZ JAPAN Magazine Jan 2010 Interview of JIPI’s Sakanaka Hidenori

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS now on iTunes, subscribe free

Hi Blog.  Here are some excerpts of the January 2010 issue of EUROBIZ JAPAN magazine, the publication of the European Business Council in Japan, edited by a journalist friend of mine.  Another journalist friend of mine interviewed the person I was interning with last week, Japan Immigration Research Institute’s Sakanaka-san, the former Tokyo Immigration Bureau chief who retired and actually supports an immigration and assimilation policy for NJ in Japan.  More on who he is and why in the interview below.  First up the cover is of the magazine, the table of contents so you can see what else is on tap inside, and then the two-page interview.  Click on any page to expand in browser.  Courtesy of Eurobiz, thanks guys.  Arudou Debito in Sapporo

ENDS

A personal hero, Chong Hyang Gyun, retires her nursing post at 60

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS now on iTunes, subscribe free

Hi Blog.  Although I like to devote Mondays to “bigger news”, I’d like to take this day to salute a personal hero of mine, former nurse Chong Hyang Gyun, a Zainichi Korean who, like any other qualified civil servant in Japan, expected to be promoted commensurate with her experience and dedication.

But not in Japan.  She in 1994 was denied even the opportunity to sit the administrative civil service exam because, despite her being born in Japan, raised in Japan, a native speaker of Japanese, and a taxpayer in and contributor to Japan like any other, she was still, in the eyes of the Tokyo Metropolitan Government, a “foreigner”, therefore not to be trusted with administrative power over Japanese (the old “Nationality Clause”, kokuseki joukou, struck again).

So she sued for the right to sit the exam nearly twenty years ago.  Over more than ten years she lost, won, then ultimately lost in the Supreme Court, which, in a landmark setback for civil rights and assimilation, ruled there was nothing unconstitutional in denying her the right to chose her occupation and employment opportunities.

Now she’s retired as of April 1 (although rehired and working fewer hours).  I’m just grateful that she tried.  Some occupations are completely denied to NJ, including public-sector food preparation (for fear that NJ might poison our bureaucrats) and firefighting (for fear that NJ entering Japanese houses and perhaps damaging Japanese property might cause an international incident), that it becomes ludicrous for NJ to even consider a public-service job in Japan.(*)  Especially if the “glass ceiling” (in fact, an iron barrier, thanks to the Supreme Court) means you can never reach your potential.  The Chong-san Case made that clear, to Japan’s shame.

A report on workplace discrimination in Japan from Chong-san (Japanese) archived on Debito.org here.  Arudou Debito in Sapporo

(*) Apologies for the lack of links to substantiate the firefighting and food preparation claims.  My source was “Darling wa Gaikokujin” mascot Tony Laszlo’s Issho Kikaku website, which dozens of activists worked on in the late 1990’s, whose historical archives have all since mysteriously disappeared now that Issho Kikaku is moribund.

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Korean worker who sued Tokyo govt retires
The Yomiuri Shimbun Apr. 3, 2010, Courtesy of JK
http://www.yomiuri.co.jp/dy/national/20100403TDY03T02.htm

Public health nurse Chong Hyang Gyun was all smiles when she retired from the Tokyo metropolitan government recently, even though it had refused to let her seek promotion because of her South Korean nationality.

A second-generation Korean resident of this country, Chong sued the metropolitan government in 1994, demanding she be allowed to take a promotion exam for a managerial post. The trial went on for 10 years of Chong’s 22-year career with the metropolitan government.

Ultimately, Chong was not able to be promoted because the Supreme Court overturned her victory in a lower court. Upon her retirement, however, she smiled and said, “I have no regrets.”

Chong officially retired Wednesday, as she had reached her mandatory retirement age of 60.

Chong was born in Iwate Prefecture. In 1988, she was hired as the first non-Japanese public health nurse to work for the metropolitan government.

Her application to take the internal exam to become a manager was refused, however, because of the metropolitan government’s “nationality clause,” which prohibits the appointment of non-Japanese employees to managerial posts.

The Tokyo District Court decided against her in 1996, ruling that the metropolitan government’s action was constitutional.

In 1997, the Tokyo High Court ruled that the metropolitan government’s decision violated the Constitution, which guarantees the freedom to choose one’s occupation, and ordered the Tokyo government to pay compensation to Chong.

The metropolitan government appealed this decision and in 2005, the Supreme Court nullified the high court ruling and rejected Chong’s demand.

After Chong openly expressed her disappointment at a press conference about the Supreme Court ruling, she received critical e-mails and other messages. Chong also said she sometimes felt it was hard to stay in her workplace.

However, a sizable number of her colleagues and area residents understood her feelings.

“I was supported by many people. I enjoyed my job,” Chong said.

For two years from 2006, Chong worked on Miyakejima island, helping residents deal with difficulties resulting from their prolonged evacuation.

Just before her retirement, Chong visited health care centers in Tokyo and other related facilities as chief of a section for preventing infectious diseases and caring for mentally handicapped people.

She was rehired from April as a nonregular employee at her workplace’s request, but she will work fewer days.

“I’ve been tense ever since filing the lawsuit, trying not to make any mistakes in other areas. Now I can finally relax,” Chong said.

Chong recently has been interested in supporting Indonesian nurse candidates in Japan. During the New Year holidays, she held a gathering to introduce them to Japanese culture.

“Now that a greater number of foreigners are in Japan, society as a whole should think about how to assimilate them,” Chong said.

She said she believed her lawsuit has helped raise those kind of questions.
ENDS

在日保健師定年「悔いなし」…昇任に国籍の壁
http://www.yomiuri.co.jp/national/news/20100327-OYT1T00524.htm
(2010年3月28日20時29分 読売新聞)
管理職試験の受験資格を求めて勤務先の東京都を提訴し、最高裁で逆転敗訴した在日韓国人2世の保健師、鄭香均(チョンヒャンギュン)さん(60)が3月末で、定年を迎える。

22年間の在職中、10年を裁判に費やし、結局昇任は果たせなかったが、「悔いは全くない」と語る表情は晴れやかだ。

岩手県生まれの鄭さんは、1988年に都の外国籍保健師第1号として採用された。管理職試験に挑戦しようとしたが、外国人を登用しないという都の「国籍条項」を理由に拒否され、94年に提訴した。

96年の東京地裁判決は、都の措置を合憲と判断して請求を棄却。97年の2審判決は都の措置を「職業選択の自由などを定めた憲法に違反する」と判断し、慰謝料支払いを命じたが、都が上告。最高裁は2005年、2審の違憲判決を破棄し、請求を棄却した。

記者会見で落胆を率直に口にした鄭さんに、批判のメールなどが多数届いた。職場で「居づらい」と感じることもあった。

一方で、同僚や地域には、思いを理解してくれる人も多く、「多くの人に支えてもらった。仕事は楽しかった」と振り返る。

06年から2年間三宅島で勤務し、長期の避難生活を経て様々な悩みを抱える島民らの支援にあたった。現在は係長として都内の保健所などを回り、感染症対策や精神障害者のケアに携わる。

4月からは職場の要望もあり、都に再任用されるが、勤務日数は少なくなる。「提訴以来、ほかのことでつまずいたらいけないと常に緊張していた。やっとほっとできる」と笑顔で語る。

最近は、来日したインドネシア人看護師候補者らの支援に関心があり、正月に自宅で日本文化を紹介する集いを開いたことも。

「これだけ外国人が増えたのだから、どう受け入れるのか社会全体で考えなければ」。自分の裁判がそうした問題の提起につながったのでは、と思っている。

(2010年3月28日20時29分 読売新聞)
ENDS

Debito.org Exclusive: Full UN Rapporteur Bustamante March 31 press conference on Japan’s human rights Mar 31 2010 downloadable here as a podcast

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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BUSTAMANTE PRESS CONFERENCE MARCH 31, 2010, UNITED NATIONS INFORMATION CENTRE
By Arudou Debito, exclusive to Debito.org

(Debito.org) TOKYO MARCH 31, 2010 — Dr Jorge A. Bustamante, United Nations Special Rapporteur for the Human Rights of Migrants, gave an hourlong press conference at United Nations Information Center, United Nations University, Japan.

Dr Jorge Bustamante gives a press conference in Tokyo.  Photo by Arudou Debito

Assisted by the International Organization for Migration and Japan’s civil society groups, Dr Bustamante concluded nine days, March 23 to March 30, of a fact-finding mission around Japan, making stops in Tokyo, Yokohama, Hamamatsu, and Toyoda City. He met with representatives of various groups, including Zainichi Koreans, Chinese, Brazilians, Filipinos, women immigrants and their children, “Newcomer” immigrant and migrant Non-Japanese, and veterans of Japan’s Immigration Detention Centers.

He also met with Japanese government representatives, including the ministries of Education, Foreign Affairs, and Justice. He also met with local government officials in Hamamatsu City (including the Hamamatsu “Hello Work “ Unemployment Agency), the mayor of Toyoda City, and others.

He debriefed the Japanese Government today before his press conference.

The press conference can be heard in its entirety, from Dr Bustamante’s entrance to his exit, on the DEBITO.ORG PODCAST MARCH 31, 2010, downloadable from here:

[display_podcast]

Duration: One hour five minutes.  Unedited.  I ask a question around minute 40.

Dr Bustamante’s official read statement, also audible in the podcast, is available in its entirety on Debito.org in the next blog entry.

Arudou Debito, reporting for Debito.org in Tokyo.
March 31, 2010
ENDS

Yomiuri: 3 Filipina and Indonesian GOJ EPA nurses pass exam (less than 1% of total, after two years)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Success at last, for some.  For less than one percent of all the NJ nurses brought over on a special trilateral visa program, to help care for Japan’s aging society, we have some overcoming quite difficult hurdles to stay — including passing a difficult Japanese nursing exam within three years that challenges even native speakers.  For the overwhelming majority of NJ, however, it’s bye bye and thanks for your three years of unsupported toil, and we look forward to replacing you with more dupes on yet another GOJ revolving-door work visa plan.  More on the difficulties of the nursing program in the words of the nurses themselves on Debito.org here.  Arudou Debito in Tokyo

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1st foreign nurses pass national exam

The Yomiuri Shimbun Mar. 27, 2010, Courtesy of JK and AR.

http://www.yomiuri.co.jp/dy/business/T100326007338.htm

Two Indonesians and one Filipina have become the first foreign nurses to pass Japan’s national nursing qualification test after work experience at Japanese hospitals under economic partnership agreements, the health ministry said Friday.

The three are among the 370 foreign nurses who have visited this country under an EPA-related project launched in fiscal 2008, hoping to pass the nursing exam after receiving Japanese-language training and gaining working experience under the supervision of Japanese nurses.

In 2009, 82 foreign nurses took the exam, but all failed. This year, 254 such nurses applied for the test, with the two Indonesians and one Filipina passing it, according to the Health, Labor and Welfare Ministry.

The Indonesians came to Japan in August 2008, and both work at a hospital in Niigata Prefecture. The Filipina, who arrived in Japan last May, works at a Tochigi Prefecture hospital.

Foreign nurses who come to this country under economic partnership agreements are required to possess nursing qualifications in their own nations. After taking language training, they seek to pass Japan’s nursing test while working as assistant nurses at hospitals in this country.

They are required to pass the test within three years of arriving in Japan. For foreign nurses who came to Japan in fiscal 2008, next year’s exam will be the last opportunity to qualify as nurses in this country.

Foreign nurses wishing to gain qualifications in Japan are required to take the same exam as Japanese applicants. Technical terms used in the test pose a hurdle for them in accomplishing their aim, observers said.

This year, about 90 percent of Japanese applicants passed the test. This figure stood at only 1.2 percent for foreign nurses who arrived in Japan under the EPA program.

To rectify the situation, the ministry is considering replacing technical terms with easier-to-understand language in next year’s exam.

More language help needed

It is essential to improve the current Japanese-language training system for foreign nurses seeking to pass this nation’s nursing qualification test under the EPA project, observers said.

Foreign nurses take six months of language training after coming to this country. However, nurses at Japanese hospitals that host them, as well as volunteers who work to aid them, have complained that they have been left to teach the foreign nurses practical Japanese needed for their work at medical institutions.

It is also necessary to ensure foreign nurses are fully trained in using Japanese before arriving in this country, while also increasing the number of opportunities for them to take the national exam, observers said.

In fiscal 2008, the first batch of 98 foreign nurses came to Japan under the EPA program, including the two Indonesians who passed this year’s test. If anyone from the group fails to pass next year’s exam, he or she must return home.

If no one from the first group–excluding the Indonesians–passes the test, it means most foreign nurses in the group must return home despite their three-year work experience at Japanese hospitals.

Such a scenario could reduce the EPA project to an empty slogan. Still, foreign nurses must be able to communicate their ideas in Japanese to doctors and patients. This presents the greatest dilemma for the EPA program, according to observers.

With this in mind, the government should consider corrective measures, including an improvement in the Japanese-language training system for foreign nurses and an extension of their stay in this nation, observers said.

ENDS

Table of Contents of FRANCA information folder to UN Spec. Rapporteur Bustamante, Mar 23. Last call for submissions from Debito.org Readers.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  What follows is the Table of Contents for an information packet I will be presenting Special Rapporteur for the Human Rights of Migrants Jorge A. Bustamante, who will be visiting Japan and holding hearings on the state of discrimination in Japan.  Presented on behalf of our NGO FRANCA (Sendai and Tokyo meetings on Sun Mar 21 and Sat Mar 27 respectively).

It’s a hefty packet of about 500 pages printed off or so, but I will keep a couple of pockets at the back for Debito.org Readers who would like to submit something about discrimination in Japan they think the UN should hear.  It can be anonymous, but better would be people who provide contact details about themselves.

Last call for that.  Two pages A4 front and back, max (play with the fonts and margins if you like).  Please send to debito@debito.org by NOON JST Thursday March 18, so I can print it on my laser printer and slip it in the back.

Here’s what I’ll be giving as part of an information pack.  I haven’t written my 20-minute presentation for March 23 yet, but thanks for all your feedback on that last week, everyone.  Arudou Debito in Sapporo

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

(FRANCA LETTERHEAD)

To Mr. Jorge Bustamante, Special Rapporteur on the Human Rights of Migrants:

Date: March 23, 2010  Tokyo, Japan

Thank you for coming to Japan and hearing our side of the story.  We have a lot to say and few domestic forums that will listen to us.  –ARUDOU Debito, Chair, FRANCA Japan (debito@debito.org, www.debito.org)

ANNOTATED CONTENTS OF THIS FOLDER:

Referential documents and articles appear in the following order:

I. On Government-sponsored Xenophobia and Official-level Resistance to Immigration

This section will seek to demonstrate that discrimination is not just a societal issue.  It is something promoted by the Japanese government as part of official policy.

  1. OVERVIEW:  Japan Times article:  “THE MYOPIC STATE WE’RE IN:  Fingerprint scheme exposes xenophobic, short-sighted trend in government” (December 18, 2007).  Point:  How government policy is hard-wiring the Japanese public into fearing and blaming Non-Japanese for Japan’s social ills. http://search.japantimes.co.jp/cgi-bin/fl20071218zg.html
  2. Japan Times article, “Beware the Foreigner as Guinea Pig“, on how denying rights to one segment of the population (NJ) affects everyone badly, as policies that damage civil liberties, once tested on Non-Japanese residents, eventually get applied to citizens too (July 8, 2008). http://search.japantimes.co.jp/cgi-bin/fl20080708zg.html
  3. Japan Times article:  “THE BLAME GAME:  Convenience, creativity seen in efforts to scapegoat Japan’s foreign community” (August 28, 2007), depicting foreigners as criminal invaders, and thwarting their ability to assimilate properly. http://search.japantimes.co.jp/print/fl20070828zg.html
  4. Japan Times article: “VISA VILLAINS: Japan’s new Immigration law overdoes enforcement and penalties” (June 29, 2004) http://search.japantimes.co.jp/print/fl20040629zg.html
  5. Japan Times article, “Demography vs. Demagoguery“, on how politics has pervaded Japanese demographic science, making “immigration” a taboo for discussion as a possible solution to Japan’s aging society. (November 3, 2009) http://search.japantimes.co.jp/cgi-bin/fl20091103ad.html
  6. Japan Times article: “HUMAN RIGHTS SURVEY STINKS:  Government effort riddled with bias, bad science” (October 23, 2007), talking about how official government surveys render human rights “optional” for Non-Japanese, and downplays the discrimination against them. http://search.japantimes.co.jp/cgi-bin/fl20071023zg.html
  7. Japan Times article: “WATCHING THE DETECTIVES: Japan’s human rights bureau falls woefully short of meeting its own job specifications” (July 8, 2003), on how the oft-touted Ministry of Justice’s “Jinken Yōgobu” is in fact a Potemkin System, doing little to assist those with human rights issues in Japan. http://search.japantimes.co.jp/cgi-bin/fl20030708zg.html
  8. Japan Times article, “Unlike Humans, Swine Flu is Indiscriminate“, on the lessons to be learned from Japan’s public panic from the Swine Flu Pandemic, and how to avoid discrimination once again from arising (August 4, 2009). http://search.japantimes.co.jp/print/fl20090804ad.html
  9. Japan Times article, “Golden parachutes for Nikkei only mark failure of race-based policy“, on the downfall of Japan’s labor visa policies, e.g., the “April 2009 repatriation bribe” for the Nikkei Brazilians and Peruvians, sending them “home” with a pittance instead of treating them like laborers who made investments and contributions to Japan’s welfare and pension systems. http://search.japantimes.co.jp/cgi-bin/fl20090407ad.html

II. On Abuses of Police Power and Racial Profiling vis-à-vis Non-Japanese

This section will seek to demonstrate that one arm of the government, the National Police Agency, has had a free hand in generating a fictitious “Foreign Crime Wave of the 2000s”, by characterizing Non-Japanese in the media as criminals, exaggerating or falsifying foreign crime reportage, bending laws to target them, engaging in flagrant racial profiling of minorities, and otherwise “making Japan the world’s safest country again” by portraying the foreign element as unsafe.

  1. Japan Times article: “DOWNLOADABLE DISCRIMINATION: The Immigration Bureau’s new “snitching” Web site is both short-sighted and wide open to all manner of abuses.” (March 30, 2004), on how online submission sites (which still exist) run by the government are open to the general public, for anonymous reporting of anyone who “looks foreign and suspicious” to the police. http://search.japantimes.co.jp/print/fl20040330zg.html
  2. Japan Times article: “FORENSIC SCIENCE FICTION: Bad science and racism underpin police policy” (January 13, 2004), how the National Research Institute for Police Science has received government grants to study “foreign DNA” (somehow seen as genetically different from all Japanese DNA) for crime scene investigation.   http://search.japantimes.co.jp/member/member.html?fl20040113zg.htm
  3. 3. Japan Times article:  “FOREIGN CRIME STATS COVER UP A REAL COP OUT:  Published figures are half the story” (Oct 4, 2002), indicating how the National Police Agency is falsifying and exaggerating foreign crime statistics to create the image of Non-Japanese residents as criminals. http://search.japantimes.co.jp/print/fl20021004zg.html
  4. Japan Times article: “HERE COMES THE FEAR: Antiterrorist law creates legal conundrums for foreign residents” (May 24, 2005), showing nascent anti-terrorist policy introduced by the Koizumi Administration specifically targeting Non-Japanese as terrorists. http://search.japantimes.co.jp/print/fl20050524zg.html
  5. Debito.org Website:  “Ibaraki Prefectural Police put up new and improved public posters portraying Non-Japanese as coastal invaders” (November 20, 2008), and “Ibaraki Police’s third new NJ-scare poster” (July 29, 2009), showing how the Japanese police are putting up public posters portraying the issue as defending Japanese shores from foreign invasion, complete with images of beach storming, riot gear and machine guns.  www.debito.org/?p=2057 and www.debito.org/?p=3996
  6. Japan Times article: “UPPING THE FEAR FACTOR:  There is a disturbing gap between actual crime in Japan and public worry over it” (February 20, 2007), showing the Koizumi policy in full bloom, plus the media’s complicity in abetting the National Police Agency’s generation of a “foreign crime wave”. http://search.japantimes.co.jp/print/fl20070220zg.html
  7. Japan Times article: “MINISTRY MISSIVE WRECKS RECEPTION: MHLW asks hotels to enforce nonexistent law” (October 18, 2005), http://search.japantimes.co.jp/print/fl20051018zg.html and
  8. Japan Times article: “CREATING LAWS OUT OF THIN AIR: Revisions to hotel laws stretched by police to target foreigners” (March 8, 2005), both articles showing how the Japanese police use legal sleight-of-hand to convince hotels to target foreigners for visa and ID checks. http://search.japantimes.co.jp/print/fl20050308zg.html
  9. Japan Times article: “‘GAIJIN CARD’ CHECKS SPREAD AS POLICE DEPUTIZE THE NATION” (November 13, 2007), showing how extralegal means are being used to expand the “visa dragnets” to people who are not Immigration Officers, or even police officers. http://search.japantimes.co.jp/print/fl20071113zg.html
  10. Japan Times article, “IC You:  Bugging the Alien“, on the new IC Chip Gaijin Cards and national protests (May 19, 2009), how RFID-chipped ID cards (of which 24/7 carrying for Non-Japanese only is mandatory under criminal law) can be converted into remote tracking devices, for even better racial profiling as technology improves. http://search.japantimes.co.jp/print/fl20090519zg.html
  11. Japan Times article, “Summit Wicked This Way Comes“, on the Japanese Government’s bad habits brought out by the Hokkaido Toyako 2008 G8 Summit (April 22, 2008) – namely, a clampdown on the peaceful activities of Japan’s civil society, with a focus on targeting people who “look foreign”. http://search.japantimes.co.jp/print/fl20080422zg.html
  12. Japan Times article, “Forecast:  Rough with ID checks mainly to the north“, focusing on a protest against Hokkaido Police’s egregious racial profiling during the G8 Summit, and how the police dodged media scrutiny and public accountability (July 1, 2008). http://search.japantimes.co.jp/print/fl20080701ad.html
  13. Japan Times article, “Cops Crack Down with ‘I Pee’ Checks“, on the Japanese police stretching their authority to demand urine samples from Non-Japanese on the street without warrants (July 7, 2009). http://search.japantimes.co.jp/print/fl20090707ad.html
  14. Japan Times article, “PEDAL PUSHERS COP A LOAD ON YASUKUNI DORI: Japan’s low crime rate has many advantages, although harassment by bored cops certainly isn’t one of them” (June 20, 2002), demonstrating how arbitrarily Tokyo police will nab people at night ostensibly for “bicycle ownership checks”, but really for visa checks – if they are riding while “looking foreign”.

III. On Racism and Hate Speech in Japan

This section talks about other activities that are not state-sponsored or encouraged, but tolerated in society as “rational” or “reasonable” discrimination, or natural ascriptive social ordering.  These unfettered acts of discrimination towards minorities, decried by previous Special Rapporteur Doudou Diene as “deep and profound”, are examples of why we need a law against racial discrimination and hate speech in Japan.

1. OVERVIEWNGO Report Regarding the Rights of Non-Japanese Nationals, Minorities of Foreign Origins, and Refugees in Japan (33 pages).  Prepared for the 76th United Nations Committee on the Elimination of Racial Discrimination in Japan, submitted to UNCERD February 2010.  Compiled by Solidarity with Migrants Japan.  Particularly germane to this information packet is Chapter 2 by Arudou Debito, entitled “Race and Nationality-Based Entrance Refusals at Private and Quasi-Public Establishments” (3 pages). https://www.debito.org/?p=6000

2. Japan Focus paper (14 pages):  “GAIJIN HANZAI MAGAZINE AND HATE SPEECH IN JAPAN:  The newfound power of Japan’s international residents” (March 20, 2007).  This academic paper talks about how a “Foreign Crime Magazine” deliberately distorted data (to the point of accusing Non-Japanese of criminal acts that were not actually crimes), and portrayed Chinese and other minorities as having criminality as part of their innate nature. http://www.japanfocus.org/-Arudou-Debito/2386

3. Japan Times article, “NJ Suffrage and the Racist Element” (February 2, 2010), on xenophobic Japan Dietmember Hiranuma’s racist statements towards fellow Dietmember Renho (who has Taiwanese roots), and how it lays bare the lie of the xenophobic Rightists demanding people take Japanese citizenship if they want the right to vote in local elections – when it clearly makes no difference to them if they do. http://search.japantimes.co.jp/cgi-bin/fl20100202ad.html

4. Japan Times article, “The Issue that dares not speak its name“, on the suppressed debate on racial discrimination in Japan (June 2, 2009), where the term “racial discrimination” itself is not part of the Japanese media’s vocabulary to describe even situations adjudged “racial discrimination” by Japanese courts. http://search.japantimes.co.jp/print/fl20090602ad.html

5. Japan Times article:  “HOW TO KILL A BILL:  Tottori’s Human Rights Ordinance is a case study in alarmism” (May 2, 2006), on how Japan’s first prefectural-level ordinance against discrimination was actually unpassed months later, due to a hue and cry over the apparent dangers of giving foreigners too many rights. http://search.japantimes.co.jp/print/fl20060502zg.html

6. Academic Paper (Linguapax Asia, forthcoming) (14 pages):  “Propaganda in Japan’s Media:  Manufacturing Consent for National Goals at the Expense of Non-Japanese Residents”, on how government policy, political opportunism, and the Japanese media fomented a fictitious “Foreign Crime Wave” in the 2000s, and how that caused quantifiable social damage to Non-Japanese residents.

7. Japan Focus paper (2 pages): “JAPANESE ONLY:  The Otaru Hotspring Case and Discrimination Against ‘Foreigners’ in Japan” (November 2005), a very brief summary explaining Japan’s first case of racial discrimination that made to the Supreme Court (where it was rejected for consideration), and what it means in terms of Japan’s blind-eying of discrimination. http://japanfocus.org/-Arudou-Debito/1743

8. Debito.org Website:  “Tokyo Edogawa-ku Liberal Democratic Party flyer, likens granting Permanent Residents the right to vote in local elections to an alien invasion”.  (February 24, 2010)  Seventeen local politicians of the formerly-ruling LDP lend their names against the ruling Democratic Party of Japan’s liberalizing policy, illustrated with a UFO targeting the Japanese archipelago. https://www.debito.org/?p=6182

9. Debito.org Website:  “More anti-foreigner scare posters and publications, linking Permanent Resident suffrage bill to foreign crime and Chinese invasion”. (March 15, 2010)  Anonymous internet billeters are putting propaganda in home post boxes in Nagoya and Narita, and bookstores are selling books capitalizing on the fear by saying that granting NJ the vote will make Japan “disappear” by turning into a foreign country. https://www.debito.org/?p=6182

10. Debito.org Website:  Anti-foreign suffrage protests in Shibuya Nov 28 2009. The invective in flyers and banners: “Japan is in danger!” (December 4, 2009).  An overview and summary translation of the invective and arguments being put forth by the xenophobic Far-Right in public demonstrations. https://www.debito.org/?p=5353

IV. On the Disenfranchisement of the Non-Japanese communities in Japan

This section touches upon how Non-Japanese minorities are shut out of Japan’s debate arenas, public events, even court rooms, making them largely unable to stand up for themselves and assimilate on their own terms.

1. Trans Pacific Radio:  “RUMBLE AT THE MINISTRY OF FOREIGN AFFAIRS – A hearing on human rights is disrupted by right wingers” (September 10, 2007), demonstrating how the government will not stop hate speech from Right-wingers even when it willfully disrupts their official fact-finding meetings. http://www.transpacificradio.com/2007/09/10/debito-rumble-at-moj/

2. Japan Times article, McDonald’s Japan’s “Mr James” campaign:  Why these stereotyping advertisements should be discontinued. (September 1, 2009), showing how McDonald’s, an otherwise racially-tolerant multinational corporation overseas, is able thanks to lax attitudes in Japan to stoop to racial stereotyping to sell product, moreover not engage in constructive public debate about the issues. http://search.japantimes.co.jp/print/fl20090901ad.html

3. Japan Times article: “ABUSE, RACISM, LOST EVIDENCE DENY JUSTICE IN VALENTINE CASE: Nigerian’s ordeal shows that different judicial standards apply for foreigners in court” (August 14, 2007), where even foreigners’ testimony is overtly dismissed in court expressly because it is foreign. http://search.japantimes.co.jp/print/fl20070814zg.html

4. Japan Times article: “TWISTED LEGAL LOGIC DEALS RIGHTS BLOW TO FOREIGNERS:  McGowan ruling has set a very dangerous precedent” (February 7, 2006), in that a store manager who barred an African-American customer entry, expressly because he dislikes black people, was exonerated in court on a semantic technicality. http://search.japantimes.co.jp/print/fl20060207zg.html

5. Japan Times article: “SCHOOLS SINGLE OUT FOREIGN ROOTS: International kids suffer under archaic rules” (July 17, 2007). An article about the “Hair Police” in Japan’s schools, who force Non-Japanese and ethnically-diverse Japanese to dye their natural hair color black. http://search.japantimes.co.jp/cgi-bin/fl20070717zg.html

6. Japan Times article: “A LEVEL PLAYING FIELD?: National Sports Festival bars gaijin, and amateur leagues follow suit” (Sept 30, 2003), on Japan’s National Sports Meets (kokutai), and how Japan’s amateur sports leagues refuse Non-Japanese residents’ participation: http://search.japantimes.co.jp/print/fl20030930zg.html

7. Asahi Shimbun English-language POINT OF VIEW column, “IF CARTOON KIDS HAVE IT, WHY NOT FOREIGNERS?” (Dec 29, 2003).  A translation of my Nov 8 2003 Asahi Watashi no Shiten column, wondering why cartoon characters and wild sealions (see #9 below) are allowed to be registered as “residents” in Japan under the government’s jūminhyō Residency Certificate system, but not Non-Japanese. https://www.debito.org/asahi122903.jpg

8. Japan Times article, “FREEDOM OF SPEECH: ‘Tainted blood’ sees ‘foreign’ students barred from English contests” (Jan 6, 2004), with several odd, blood-based rules indicating a belief that foreign ancestry gives people an advantage in terms of language ability – even if the foreign ethnicity is not Anglophone! http://search.japantimes.co.jp/print/fl20040106zg.html

9. Japan Times article on “SEALING THE DEAL ON PUBLIC MEETINGS: Outdoor gatherings are wrapped in red tape.” (March 4, 2003), on the sealion “Tama-chan” issue and demonstrations over the issue of family registry exclusionism (see #7 above).  Why is it so difficult to raise public awareness about minority issues in Japan?  Because police grant permission to public gatherings. http://search.japantimes.co.jp/print/fl20030304zg.html

V. On What Japan should do to face its multicultural future

This section offers suggestions on what Japan ought to be doing:  Engaging immigration, instead of retreating further into a fortress mentality and defaming those who wish to emigrate here.

1. Japan Focus paper:  “JAPAN’S COMING INTERNATIONALIZATION:  Can Japan assimilate its immigrants?” (January 12, 2006) http://www.japanfocus.org/-Arudou-Debito/2078

2. Japan Times article, “A Level Playing Field for Immigrants” (December 1, 2009), offering policy proposals to the new DPJ ruling party on how to make Japan a more attractive place for immigration. http://search.japantimes.co.jp/print/fl20091201ad.html

3. Japan Focus paper:  “JAPAN’S FUTURE AS AN INTERNATIONAL, MULTICULTURAL SOCIETY: From Migrants to Immigrants” (October 29, 2007) http://www.japanfocus.org/-Arudou-Debito/2559

4. “Medical Care for Non-Japanese Residents of Japan: Let’s look at Japanese Society’s General ‘Bedside Manner’ First“, Journal of International Health Vol.23, No.1 2008, pgs 19-21. https://www.debito.org/journalintlhealth2008.pdf

VI. Japan and the United Nations

1. Academic paper (forthcoming, draft, 21 pages):  “Racial Discrimination in Japan:  Arguments made by the Japanese government to justify the status quo in defiance of United Nations Treaty”.  This paper points out the blind spot in both United Nations and the Japanese government, which continues to overlook the plight of immigrants (viewing them more as temporary migrant workers), and their ethnically-diverse Japanese children, even in their February 2010 UNCERD Review of Japan (please skip to pages 18-19 in the paper).

2. Japan Times article: “PULLING THE WOOL:  Japan’s pitch for the UN Human Rights Council was disingenuous at best” (November 7, 2006), talking about the disinformation the government was giving the UN in its successful bid to have a leadership post on the newfound HRC. http://search.japantimes.co.jp/print/fl20061107zg.html

3. Japan Times article: “RIGHTING A WRONG: United Nations representative Doudou Diene’s trip to Japan has caused a stir” (June 27, 2006). http://search.japantimes.co.jp/print/fl20060627zg.html

VII. OTHER REPORTS FROM CONCERNED PARTIES (emails)

Topics:  Daycare center teaching “Little Black Sambo” to preschoolers despite requests from international parents to desist, Anonymous statement regarding professional working conditions in Japan for professional and expatriate women (issues of CEDAW), Discriminatory hiring practices at English-language schools (2 cases), Racial profiling at Narita Airport, Harassment of foreign customers by Japanese credit agencies, Hunger strikers at Ibaraki Detention Center, Politician scaremongering regarding a hypothetical  “foreign Arab prince with 50 kids claiming child tax allowance”

ENDS

Emily Homma on Filipina nurses in Japan being abused by GOJ EPA visa program

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Finally, we have a voice from a person in the know about what’s going on with NJ being brought over to Japan on special visas to work in Japan’s health care industry.  According to the report below, the trilateral (as in Japan-Philippines-Indonesia) EPA nurse program is everything I expected, and more.  People being ill-trained, unsupported in a hostile workplace, financially strapped and exploited, having unreasonable expectations (particularly regarding language study) heaped upon them, and then tested with hurdles so high they’ll not qualify to stay.  And thus the Revolving-Door Work-Study Program cycle once again is complete, with NJ overwhelmingly unable to live in Japan under these conditions.  Leach off their work for a year or three, then send them home.  ‘Cos we don’t need to invest in anyone but real Japanese, not potential immigrants, no matter how much they want to stay here.  Too bad.  But it’s within character of the GOJ policymakers.  Arudou Debito in Sapporo

////////////////////////////////////////////////
From: info@ambjp.net
Subject: EPA Foreign Nurses and Caregivers Working in Japan Urgently Need Help
Date: January 31, 2010

To: debito@debito.org
Cc: emilyhomma@yahoo.com

Hi Debito-san,

My friend Emily Homma and myself are trying to reach out to the English speaking press in Japan, so that the message below reaches as many people as possible.  We hope that you will be able to help us spreading the word.

Thanks a lot,

Annerose Matsushita in Fukushima For Emily Homma in Saitama

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

Here is what I wrote in the following blog (I am AFWJ.org’s webmaster):

http://afwjnews.blogspot.com/2010/01/members-assisting-other-foreigners-in.h tml

Emily Homma lives in Saitama (Kanto) and has been assisting Filipino nurses and caregivers who came to Japan under the Economic Partnership Agreement of Japan (EPA). She helped them with Japanese language support, clothing donations (Japan is much colder than The Philippines) and others.

You may have heard of this program through local news. Having seen with her own eyes the situation from the nurses’ side, Emily wishes to let people in Japan and overseas know their truth and their feelings.

You can read here what Emily wrote:

“EPA Foreign Nurses and Caregivers Working in Japan Urgently Need Help

The Economic Partnership Agreement of Japan (EPA) with other countries, especially with the Philippines (JPEPA), has placed many Filipino nurses and caregivers working in Japan in a miserable situation where they are subjected to unfair labor practices, extreme pressure to study kanji, and poor salaries.

When they arrived in Japan in May 2009, the Filipino nurses and caregivers were glad to be finally given the opportunity to serve Japanese society as hospital workers. However, after only six months of Nihongo study and three months of hospital work in hospital, the Filipino nurses along with their Indonesian counterparts have been suffering from various hardships not only from unfair work policies, low salaries, and local workers’ rejection but also from strong pressure to master medical-nursing kanji and the Japan nursing system. It is a system that, unfortunately for the foreign workers, only those with high level-Grade 12 Japanese training or nursing graduates could understand.

Specifically, the Filipino nurses find themselves in the following extremely frustrating situations that leave them no choice but contemplate leaving Japan soon:

1. Japan puts the Filipino nurses and caregivers in a cheap labor trap, requiring them to pass the Licensure examinations within three years although they are given only six months of formal Basic Nihongo study and occasional group reviews. The Japanese government and the Japan Nurses Association (JNA) insist that foreign nurses take the examination in Japanese without furigana phonetic guides for the kanji characters. Yet, the nurses are required to pass the licensure examination to get promoted to fulltime nurse positions and acquire the privilege to bring their dependents to Japan. Considering that medical kanji is extremely difficult even to their Nihongo teachers in Japan, this highly restrictive stance of the government and the JNA not only reflects a serious barrier to foreign nurses from getting integrated into the local workforce but also a clear intent to use or exploit the foreign nurses for three years on a temporary basis just like any expendable commodity.

2. The salary and benefits for these foreign workers—a gross total of only 120,000-200,000 yen—are not enough to sustain a decent and respectable life in Japan. With majority of the health workers receiving only a net pay of about 60,000 yen after deductions, they have to resort to extraordinary remedies just to meet all of their living expenses in Japan: house rent, electricity, gas supply, Internet connection, cellular phone bills, and transport expenses. This puts them on a starvation situation and makes them unable to send a substantial amount of money to their respective dependents in their homelands. Indeed, some hospital administrators in Japan make local Japanese health workers work on a 7.5-hours-per-day basis to make them remain part-timers receiving an hourly rate of only 900 yen, but applying the same policy to foreign workers with no relatives in Japan to help them meet the cost of living utterly abuses the foreign health workers’ rights, disrespects their experience and profession, and degrades their worth as health workers. For this reason, the Japan International Corporation of Welfare Services (JICWELS) must be prevailed upon to choose only hospitals that can afford to offer good wage packages when hiring foreign health workers.

3. Foreign nurses in Japan are subjected to undue comparison and unfair competition with local workers, fostering great insecurity on the former. There are strong indications that the presence of foreign workers in Japan hospitals is perceived as a threat to local workers’ employment status or hopes for salary improvement. This breeds disrespect and scorn towards the foreign workers and fosters an unfriendly atmosphere in many work settings. As a result, the foreign nurses are finding it extremely difficult to cope with their new environment, making it a big question if they could really fit in and be accepted as workers in Japan under an atmosphere of mutual understanding and cooperation.

4. Japan’s nursing system, being far different from those of the homelands of the foreign nurses working in Japan, makes it extremely difficult for the foreign nurses to adjust and cope. The experience and education of foreign nurses working in Japanare comparable and largely attuned to the culture and job expectations of Western countries. They are therefore finding it difficult to adjust to the kind of assistant nurse work and nursing aide tasks expected from them in Japan. Compounding the problem is that it was not made clear to them before hiring what specific job functions they are expected to perform, a situation made worse by the language gap and the inadequacy of the foreign workers in understanding Nihongo. Thus, even if some of the foreign nurses have already attained a certain level of Nihongo, there is a crying need for Japanese-language nursing books, training materials, and exam reviewers to be translated into English and explained in English.

5. There is no existing training program or orientation for foreign nurses on the Japan nursing system before they assume their jobs. Due to the absence of this training or orientation, foreign nurses are frequently reprimanded and ridiculed by their local workmates when they are unable to perform according to the Japanese system. For their part, hospital administrators just rely on the suggestions and complaints aired by the foreign workers, and many of those suggestions and complaints are simply ignored. There is clearly a need for immersion and retraining of foreign nurses so they can meet the work and performance standards of the hospitals of their host country.

6. The Japanese work ethics and work attitudes differ greatly from those of foreign nurses. To foreign workers, rushing and scurrying at work reflects inefficiency and unpreparedness, but to the Japanese, to do this shows one’s dedication and excellent performance. For the leaders of local workers, bullying and humiliating a trainee nurse is part of the training, and the trainee nurse is expected to endure this abuse without complaining. But foreign nurses, having been trained in a work culture where respect and professionalism are a must among workmates especially in the presence of patients, often are constrained to express their concerns and suggestions against such bullying and humiliation. However, their doing so is often perceived as en expression of distrust towards the prerogatives of the hospital management, so even the mild criticisms expressed by foreign workers could easily backfire on them.

7. There is hardly any room for advancement or career development for foreign nurses in Japan. In the absence of any program by the Japanese government and its health services sector, the career and promotion opportunities of foreign nurses and other workers are seriously stifled in Japan. Even if they work in Japan for a long time, there is very little hope for them to rise above the position of nursing aides performing the tasks of caregivers and domestic helpers. Indeed, in a country where even the local workforce is deprived of advancement opportunities, the native Japanese workers often tell the foreign nurses: “You are not needed here. You’d better work in countries where you could communicate in English.” It is clear that when the opportunity arises, these foreign nurses would rather leave Japan and work in countries where they are more likely to realize their dreams of growth and professional advancement.

8. There being no labor attaches to represent them in Japan, the foreign nurses are left to fend off for themselves and to fight for their rights on their own. As a general rule, JICWELS always takes the side of oppressive hospitals when foreign nurses complain against questionable employment terms and practices. Its stock answer is often that “they didn’t have any precedent of previous case experiences” and that “everything the hospital says is final.” Consequently, no transfer ever takes place when a nurse requests for placement to a better and fairer hospital. The foreign workers, already burnt out at work, therefore often drive themselves to exhaustion in fighting for their own rights in hospitals with an uncaring administration or management.

Considering these very serious problems besetting Filipino nurses and other health workers in Japan, it is respectfully proposed that the JICWELS and the Philippines, particularly the Philippine Overseas Employment Administration (POEA), should immediately and carefully examine the flaws in the hiring and deployment of the first batch of Filipino nurses and other workers to Japan. This needs to be done before the second batch is allowed to come to Japanin May 2010. Both Japan and the Philippines must sit down together in a spirit of amity and cooperation to forcefully and meaningfully address the working conditions of Filipino nurses and other health professionals in Japan, an increasing number of whom have been suffering from extremely low pay and inadequate benefits, work displacement, mental stress, and utter frustration in their jobs.

Action must be taken now before it is too late.

Sincerely yours, Emily Homma, Saitama, Japan”
ends
///////////////////////////////////////////////

UPDATE FEBRUARY 28, 2010

From:  Emily Homma
Hello Debito,

Thank you so much for considering the article/letter on the nurses and caregivers’ plight for your next debito.org topic. The nurses have been looking forward for that chance to be heard through your column.

They had their first try of the nursing exam given in Japanese last February 21, but they could hardly understand the kanji characters, not even the directions. They still sat for the exam of course, but just guessed on the answers, for the questions were extremely hard for their low Elementary Nihongo level (comparable to grade 4 pupil’s) . From about 80 JPEPA nurses that took the exam, only two of them who had straight four months of fulltime review (without work) under a doctor mentor could say that they could read many of the kanji characters, but do not understand the meaning of the questions. The group is hoping that, at least two of their batch members (of 90) would pass this year’s exam.

Majority are thinking of staying here in Japan just within the length of the three-year period, for they do not expect to pass the licensure exam if given in Japanese with full kanji without phonetic symbols. This would mean, Japan does not only give these foreign workers difficulties in life and career, but wastes its own resources and tax money training these people in their Nihongo and provide dormitory accommodation (for six months) only to find them leave from May this year (when the group is expected to renew their one-year visas) until the end of the three-year period to pass the exam. Japan has to review the program in order for these Filipino and Indonesian health workers possibly pass the exam, gain better lives, and so that their income level reaches regular local nurses’ pay. Meantime, all of them must be granted a fulltime status and a uniform 160,000 yen pay (not 120,000 gross, with just 60,000 yen net…which is exactly my brother’s net pay this February) so that they would not worry where to get their food sustenance while enduring life here.

There are a lot more issues related to these problems…they were mentioned in my previous letter. Please ask me any other things you want clarified, or contact my brother, the JPEPA nurse leader for other comments (Joseph Benosa) at jcbpogiben AT yahoo DOT com.

Thank you Debito and Annerose for helping us.

Sincerely,
Emily Homma
Instructor/Teacher Trainor/Civic Volunteer
emilyhomma AT yahoo DOT com
ENDS

Kyodo: NJ “Trainees” win ¥17 million for trainee abuses by employer and “broker”

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Here’s some more good news.  After a nasty dispute some moons ago involving Chinese “Trainees” that ended up with a court ruling in their favor (the inspiration for the movie SOUR STRAWBERRIES), here we have another one that holds not their client, but also their pimp accountable.  Good.  Pity it the system as designed means it has to come to this, but I’m glad to see it happening.  Arudou Debito in Edmonton

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

The Japan Times Saturday, Jan. 30, 2010
Foreigners win ¥17 million for trainee abuses

http://search.japantimes.co.jp/cgi-bin/nn20100130b2.html

KUMAMOTO (Kyodo) The Kumamoto District Court awarded more than ¥17 million in damages Friday to four Chinese interns who were forced to work long hours for low wages in Kumamoto Prefecture.

The court ordered that the union Plaspa Apparel, which arranged the trainee work for the four, to pay ¥4.4 million and that the actual employer, a sewing agency, pay ¥12.8 million in unpaid wages.

It is the first ruling that held a job broker for foreign trainees liable for their hardships, according to lawyers representing the four interns.

The four female Chinese trainees, aged 22 to 25, engaged in sewing from early morning to late evening with only two or three days off a month after arriving in Japan in 2006, according to the court.

ENDS

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

中国人実習生「過酷労働」 業者らに賃金など支払い命令

朝日新聞 2010年1月29日
http://www.asahi.com/national/update/0129/SEB201001290003.html

外国人研修・技能実習制度で来日した中国人女性4人が、熊本県天草市の縫製工場で不当に過酷な労働を強いられたとして、業者や受け入れを仲介した1次機関などに未払い賃金や慰謝料など計約3600万円を求めた訴訟の判決が29日、熊本地裁であった。高橋亮介裁判長は業者と受け入れ機関の計3者に計1725万円の支払いを命じた。原告弁護団によると、制度をめぐる労働裁判で、外国人を直接雇用しない1次受け入れ機関にも不法行為責任を認めたのは初めて。

賠償命令を受けたのは、熊本県天草市の縫製会社スキールと個人事業所のレクサスライク(いずれも廃業)の2業者と、両者に実習生をあっせんした同県小国町の1次受け入れ機関プラスパアパレル協同組合の3者。制度を支援する財団法人国際研修協力機構(JITCO)に対する訴えは退けられた。

原告は中国・山東省出身の22〜25歳の女性4人。2006年4月に来日して研修を始めたが、休日は月1回程度で、午前2時まで働かされたこともあったという。給料は最低賃金より少なく、労働基準法で禁じられた「強制貯金」もさせられたと訴えた。

ENDS

UK Independent: Toyota’s problems being pinned on foreign parts.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Oh how the mighty have fallen.  Toyota, once the #1 automaker worldwide (well, for a spell) after years of building on a sterling reputation created over decades for quality and service, has finally fallen to earth.  I don’t think Shadenfreude is the natural order of things when titans stumble, but what I’ve always been miffed at is how little Toyota officially acknowledges that the secret to their success is imported NJ workers helping them cut costs through low wages.  (I could never find any official stats on how many NJ are part of the Toyota system within Japan.)  I was wondering if someone would be blaming the foreigners for sloppy parts.  Well, it turns out, they kinda are.  Read on.  Arudou Debito in Sapporo

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In Toyota City, recalls are blamed on foreign components
By David McNeill
The Independent (UK) Wednesday, 3 February 2010, Courtesy of TO

http://www.independent.co.uk/news/world/asia/in-toyota-city-recalls-blamed-on-foreign-parts-1888499.html

Toyota City, about 200 miles east of Tokyo, once appeared on the map – if it appeared at all – as Koromo. But in 1959 town leaders renamed it after the up-and-coming local car producer, and twinned their modest town with the then global centre of auto production, Detroit.

The move must have seemed comically ambitious at the time, but half a century and over 170 million vehicles later, nobody is laughing at the world’s biggest automobile manufacturer. Toyota City is today far larger and incomparably richer; like Toyota’s cars it is a neat, efficient, slightly featureless place in contrast to the once all-conquering Detroit, which has become a byword for urban decline.

But success has come at a cost, as the firm’s problems this week show. Toyota has long been known both for the ruthless efficiency of its production line, and the matchless quality of the cars that emerged at the other end. But now the car-making behemoth has been humbled by a series of huge foreign recalls, which a shaken executive vice-president, Shinichi Sasaki admitted may cost up to $2bn (£1.25bn) in lost output and sales. The latest recall, to fix a fault that could jam accelerator pedals, involves 4.2 million cars worldwide, including roughly 180,000 in Britain.

That comes on top of another five million vehicles sent back to workshops for repair in the US, after a separate accelerator problem reportedly led to several deaths and at least a dozen class-action lawsuits in North America. Toyota was also forced to stop stateside sales and production of eight models last week, all of which will further tarnish its reputation and deal a huge blow to this year’s balance sheet, admits Sasaki. “The sales forecast is something that we’re extremely worried about,” he said this week.

Today, claims that only Toyotas made outside Japan using foreign-made parts were affected by the crisis was dealt a blow when it emerged that there have been more than 100 complaints, in Japan as well as the US, about the brakes on its new hybrid Prius model. And yet, as industry analysts have noted, the company has yet to make a formal apology for these shortcomings, let alone unveil a convincing programme for addressing them.

Experts are pondering how a company that made better, more reliable cars than almost anyone else could have ended up in such a mess. At home in Japan, which has been mostly unaffected by the recalls, the media has already named the guilty party – foreign parts makers. Toyota’s enormous global expansion has forced it to rely on local manufacturers, resulting in a drop in quality.

The faulty accelerator pedal, for example, was made by a North American company – one reason why Toyota is reportedly switching back to its decades-old domestic supplier Denso Corp. That is just one symptom of a wider problem familiar to many multinationals: how to protect quality at overseas factories, particularly when you are a company that employs 300,000 people around the world, selling in 150 countries. “Toyota set up so many plants, turning into an international company,” Keinosuke Ono, professor of business at Chubu University in Kasugai, Japan, told AP this week. “It was inevitable that rank-and-file quality is becoming endangered.”

Over two decades ago, the company began the foreign transplant of what became known as the “Toyota Way”, a system of lean production aimed at eliminating waste, producing zero defects and continually improving line performance (“kaizen”) that has transformed car-making worldwide. Some commentators also credit Toyota with a more profound innovation: shifting responsibility for production from managers back to the shop floor.

Toyota workers are not penalised for spotting problems and stopping a line, they are praised, points out Yozo Hasegawa, author of Clean Car Wars: How Honda and Toyota are Winning the Battle of the Eco-Friendly Motors. In fact, Toyota factories employ teams whose sole job is to find problems and save time and money. American factories were hampered by stalling production lines, but Toyota improvised, says Hasegawa. “When a problem arose, it would undergo repeated questioning until its roots could be traced, and a kaizen or improvement measure put in place to prevent a repeat.”

Experts say grafting that system on to overseas factories has mostly worked, but replicating Toyota’s network of trusted parts supplies, built over decades in Japan, has been more difficult. Figuring out how to fix that problem will keep the company’s top executives busy in the months to come. Meanwhile, they are praying that their mounting troubles don’t persuade buyers to switch brands. One US consumer group blames the accelerator pedal problem on at least 18 deaths in the last decade.

Only time will tell if the recalls are but potholes on Toyota’s road to world domination or signs of a deeper structural malaise, but don’t feel sorry for Toyota City yet. Although analysts expect Toyota’s market share in Europe and the US to drop to its lowest level since 2006, this is a company with deep pockets. Before its problems began last year, the car-maker had a war chest of over €19bn, helping it earn the nickname “Toyota Bank”. Toyota didn’t end General Motors’ 76-year reign as the world’s sixth-largest auto-maker by being bad at what it does. A comeback seems inevitable.
END

Japan Times: Immigration dropping social insurance requirement for visa renewal

mytest

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Hi Blog.  Some good news worth bringing up here for discussion.  The upcoming Immigration guideline changes that would have required enrollment in Japan social insurance for visa renewals has been dropped, or at least deleted from their checklist of requirements.

On balance, this is a good thing.  I have heard plenty of complaints from NJ saying how they would have to stump up full back payments for insurance that their employer should have paid half of (but utilized the cut-off starting point of 30 hours/week for “full-time” mandatory employer insurance contributions by employing their NJ staff contractually for 29.5 hours), or be denied a visa renewal.  Of course, Japan’s (pretty weak) labor law enforcement bodies should have gone after these exploitative employers, but Immigration instead did the quick and dirty (and, yes, sensible) step you see below of just snipping out the guideline.  It’s still a good thing, in that pressure for flexibility in the system for NJ who may have otherwise been shafted both ways by the system did win out.

First a Japan Times article excerpt, then a rebuttal from Debito.org Reader TA sent to the editor of the Japan Times, regarding the conflict of interest the advocate Free Choice Foundation (which does have an excellent summary of the issues here) has in this issue, et al.  Arudou Debito in Sapporo

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

The Japan Times Tuesday, Feb. 2, 2010
New visa rule on insurance to be deleted
Aim is to ease foreigners’ concerns (excerpt)
By MINORU MATSUTANI Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20100202a1.html

The Immigration Bureau is planning to change a new guideline for foreign residents to ease concerns that those without social insurance will be forced to choose between losing their visa and entering the insurance system, a bureau official said Monday.

But some foreigners warn the move won’t be enough to entirely free them of the risk of being forced to enter the insurance system.

The wording of the guideline, which is to be enforced April 1, currently stipulates that foreign residents must present their health insurance card when reporting changes to or renewing their residential status. It is the last of the guideline’s eight items.

“The bureau will delete item No. 8 by the end of March, and ‘lightly mention’ the need to present a health insurance card in the introductory passage of the guideline,” Immigration Bureau spokesman Yoshikazu Iimura told The Japan Times. “The wording will be in a manner to eliminate foreign residents’ concerns that their visas won’t be renewed if they don’t have insurance.”

The bureau will try to persuade foreigners who don’t have the card to enter the social insurance system by giving out brochures, but not having the insurance won’t affect the bureau’s decision whether to grant a visa, he said.

Rest of the article at:
http://search.japantimes.co.jp/cgi-bin/nn20100202a1.html

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

Response from TA:

Letter to the Editor, Japan Times:

Regarding the Immigration Bureau’s decision to rescind its earlier ruling requiring proof of social insurance enrollment for visa renewal: While this may appear to be “good news” in that foreign residents who aren’t currently enrolled will still save some money by not being forced to pay into the social insurance system, it’s wider implication for foreign workers, and what it says about the quality of reporting in “the Japan Times,” is disturbing.

The article states that the reasons foreigners aren’t in the national social insurance system are that they either prefer the services of foreign-oriented clinics that don’t take national health insurance, or that they simply don’t want to pay the social insurance premiums. However, this is disingenuous in that it leaves out other major reasons foreign workers aren’t in the social welfare system; either their employers break the law by not enrolling them at all, or they keep workers hours just below full time, at 29.5 hours. Indeed, it is actually companies who depend on foreign workers that would likely most oppose their enrollment since it would mean employers would have to fulfill their legal obligation to pay half of their health insurance and pension.

In addition, Japan Times is giving unequal time to Ron Kessler [see full article], whose Free Choice Foundation has been found to have ties to a major health insurance provider for foreigners in Japan that would certainly be adversely affected by the original ruling forcing foreign workers into the social insurance system. Leaving aside the ethics of astroturf campaigns, which the Free Choice Foundation appears to be, I do not deny the right of individuals to lobby according to how they perceive their interests. However, Japan Times should balance the views of Mr. Kessler and the Free Choice Foundation with those of organizations like the NUGW-General Union or individuals who support the government making a social safety net that protects all residents of Japan.

There is no doubt that the current social insurance system leaves much to be desired for foreign residents, especially since those enrolled in the government pension system can only get a lump sum of three years of pension payments when they leave, no matter how long they’ve paid in. However, since pension payments are now portable for citizens of the United States, Germany, and other countries that have bilateral pension treaties with Japan, this problem is on its way to being solved.

The problem of underemploying almost-full time workers to escape enrolling them in the social insurance system is more difficult to deal with under the current scheme. However, if there were one national insurance system that all people working in Japan were enrolled in, and into which their employers paid in proportion to hours worked, this problem could be solved as well. Having one national health insurance for all would also solve the Japanese government’s larger problem of getting cash and care for its own citizens, many of whom work part-time, and thus lack employer social insurance contributions.

In the future, here’s hoping the JT will do a better job of reporting the wider issue and its implications, rather than looking just at apparent short-term benefits.
ENDS

Saturday Tangent: Historian Howard Zinn, author of “People’s History of US”, dies at 87

mytest

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Hi Blog. It is with great sadness that I write to you about the death of one of my personal heroes, Howard Zinn. A person who departed from historical orthodoxy to write history books from the minority point of view. His “People’s History of the United States” is a must-read.  Good man. Already missed. Obits below.

That’s one less of the ideological lions out there who have made an impression on me, speaking up for the little guy as much as possible, and narrating against the grain with tireless activism no matter how ripe the age. Including Noam Chomsky, Chalmers Johnson, Ralph Nader…

Arudou Debito in Sapporo
///////////////////////////////////////////////////////////////

HOWARD ZINN

FILE – This 2006 picture shows Howard Zinn in New York. Zinn, an author, teacher and political activist whose leftist “A People’s History of the United States” sold millions of copies to become an alternative to mainstream texts and a favorite of such celebrities as Bruce Springsteen and Ben Affleck, died Wednesday, Jan. 27, 2010. He was 87. (AP Photo/Dima Gavrysh) (Dima Gavrysh, AP / June 26, 2006)
HILLEL ITALIE AP National Writer
January 27, 2010

Howard Zinn, author of ‘People’s History’ and left-wing historian, dies at 87 in California

Howard Zinn, an author, teacher and political activist whose leftist “A People’s History of the United States” sold a million copies and became an alternative to mainstream texts and a favorite of such celebrities as Bruce Springsteen and Ben Affleck, died Wednesday. He was 87.

Zinn died of a heart attack in Santa Monica, Calif., daughter Myla Kabat-Zinn said. The historian was a resident of Auburndale, Mass.

Published in 1980 with little promotion and a first printing of 5,000, “A People’s History” was — fittingly — a people’s best-seller, attracting a wide audience through word of mouth and reaching 1 million sales in 2003. Although Zinn was writing for a general readership, his book was taught in high schools and colleges throughout the country, and numerous companion editions were published, including “Voices of a People’s History,” a volume for young people and a graphic novel

At a time when few politicians dared even call themselves liberal, “A People’s History” told an openly left-wing story. Zinn charged Christopher Columbus and other explorers with genocide, picked apart presidents from Andrew Jackson to Franklin D. Roosevelt and celebrated workers, feminists and war resisters.

Even liberal historians were uneasy with Zinn. Arthur M. Schlesinger Jr. once said: “I know he regards me as a dangerous reactionary. And I don’t take him very seriously. He’s a polemicist, not a historian.”

In a 1998 interview with The Associated Press, Zinn acknowledged he was not trying to write an objective history, or a complete one. He called his book a response to traditional works, the first chapter — not the last — of a new kind of history.

“There’s no such thing as a whole story; every story is incomplete,” Zinn said. “My idea was the orthodox viewpoint has already been done a thousand times.”

“A People’s History” had some famous admirers, including Matt Damon and Affleck. The two grew up near Zinn, were family friends and gave the book a plug in their Academy Award-winning screenplay for “Good Will Hunting.” When Affleck nearly married Jennifer Lopez, Zinn was on the guest list.

“He taught me how valuable — how necessary dissent was to democracy and to America itself,” Affleck said in a statement. “He taught that history was made by the everyman, not the elites. I was lucky enough to know him personally and I will carry with me what I learned from him — and try to impart it to my own children — in his memory.”

Oliver Stone was a fan, as well as Springsteen, whose bleak “Nebraska” album was inspired in part by “A People’s History.” The book was the basis of a 2007 documentary, “Profit Motive and the Whispering Wind,” and even showed up on “The Sopranos,” in the hand of Tony’s son, A.J.

Zinn himself was an impressive-looking man, tall and rugged with wavy hair. An experienced public speaker, he was modest and engaging in person, more interested in persuasion than in confrontation.

Born in New York in 1922, Zinn was the son of Jewish immigrants who as a child lived in a rundown area in Brooklyn and responded strongly to the novels of Charles Dickens. At age 17, urged on by some young Communists in his neighborhood, he attended a political rally in Times Square.

“Suddenly, I heard the sirens sound, and I looked around and saw the policemen on horses galloping into the crowd and beating people. I couldn’t believe that,” he told the AP.

“And then I was hit. I turned around and I was knocked unconscious. I woke up sometime later in a doorway, with Times Square quiet again, eerie, dreamlike, as if nothing had transpired. I was ferociously indignant. … It was a very shocking lesson for me.”

War continued his education. Eager to help wipe out the Nazis, Zinn joined the Army Air Corps in 1943 and even persuaded the local draft board to let him mail his own induction notice. He flew missions throughout Europe, receiving an Air Medal, but he found himself questioning what it all meant. Back home, he gathered his medals and papers, put them in a folder and wrote on top: “Never again.”

He attended New York University and Columbia University, where he received a doctorate in history. In 1956, he was offered the chairmanship of the history and social sciences department at Spelman College, an all-black women’s school in then-segregated Atlanta.

During the civil rights movement, Zinn encouraged his students to request books from the segregated public libraries and helped coordinate sit-ins at downtown cafeterias. Zinn also published several articles, including a then-rare attack on the Kennedy administration for being too slow to protect blacks.

He was loved by students — among them a young Alice Walker, who later wrote “The Color Purple” — but not by administrators. In 1963, Spelman fired him for “insubordination.” (Zinn was a critic of the school’s non-participation in the civil rights movement.) His years at Boston University were marked by opposition to the Vietnam War and by feuds with the school’s president, John Silber.

Zinn retired in 1988, spending his last day of class on the picket line with students in support of an on-campus nurses’ strike. Over the years, he continued to lecture at schools and to appear at rallies and on picket lines.

Besides “A People’s History,” Zinn wrote several books, including “The Southern Mystique,” ”LaGuardia in Congress” and the memoir, “You Can’t Be Neutral on a Moving Train,” the title of a 2004 documentary about Zinn that Damon narrated. He also wrote three plays.

One of Zinn’s last public writings was a brief essay, published last week in The Nation, about the first year of the Obama administration.

“I’ve been searching hard for a highlight,” he wrote, adding that he wasn’t disappointed because he never expected a lot from Obama.

“I think people are dazzled by Obama’s rhetoric, and that people ought to begin to understand that Obama is going to be a mediocre president — which means, in our time, a dangerous president — unless there is some national movement to push him in a better direction.”

Zinn’s longtime wife and collaborator, Roslyn, died in 2008. They had two children, Myla and Jeff.
ENDS
=============================

Howard Zinn dies at 87; author of best-selling ‘People’s History of the United States’
Activist collapsed in Santa Monica, where he was scheduled to deliver a lecture.

By Robert J. Lopez, Los Angeles Times

http://www.latimes.com/news/local/la-me-howard-zinn28-2010jan28,0,5610858.story

Howard Zinn, a professor, author and social activist who inspired a generation on the American left and whose book “A People’s History of the United States” sold more than 1 million copies and redefined the historical role of working-class people as agents of political change, died Wednesday. He was 87.

Zinn apparently had a heart attack in Santa Monica, where he was visiting friends and scheduled to speak, said his daughter, Myla Kabat-Zinn. He lived in Auburndale, Mass.

Zinn’s political views were shaped, in part, by his experiences as a bombardier for the U.S. Army Air Forces during World War II.

“My father cared about so many important issues,” Kabat-Zinn said in a telephone interview Wednesday. “I think the one he was really most eloquent about is that he thought there was no such thing as a just war.”

Indeed, in a 2001 opinion piece published in The Times, Zinn wrote about being horrified by the Sept. 11 terrorist attacks and equally horrified by the response of U.S. political leaders, who called for retaliation.

“They have learned nothing, absolutely nothing, from the history of the 20th century, from a hundred years of retaliation, vengeance, war, a hundred years of terrorism and counter-terrorism, of violence met with violence in an unending cycle of stupidity,” he wrote.

“A People’s History” was published in 1980 and had an initial printing of 5,000 copies. But largely through word of mouth, the book attracted a major following and reached 1 million sales in 2003.

The work, which hails ordinary Americans such as farmers and union activists as heroes, accused Christopher Columbus of genocide and criticized early U.S. leaders as proponents of the status quo. “A People’s History” has been taught in high schools and colleges across the nation.

The book was the basis for a History Channel documentary called “The People Speak” that aired in the fall.

The executive producer was actor Matt Damon, who was raised in Boston near Zinn.

“From the moment we had any influence in this town, we’ve been trying to get this project off the ground,” Damon told reporters in July. “It demonstrates how everyday citizens have changed the course of history.”

Zinn was born in 1922 to a working-class family in Brooklyn, N.Y. He was one of four sons whose father worked as a waiter, window cleaner and pushcart peddler.

In his 1994 memoir, “You Can’t Be Neutral on a Moving Train,” Zinn recalled that his parents used discount coupons to buy the complete works of Charles Dickens. The novelist “aroused in me tumultuous emotions” about wealth, class and poverty, Zinn wrote.

Zinn received his doctorate from Columbia University.

He was a professor emeritus at Boston University, where he was a familiar speaker at Vietnam War protests. He also taught at a number of institutions, including Brooklyn College, the University of Paris and Spelman College in Atlanta in the late 1950s and early ’60s as the civil rights movement was taking hold in the South.

Former California state Sen. Tom Hayden recalled meeting Zinn while he was at Spelman, then an all-black women’s school.

“He was basically integrating himself into the world of black students,” Hayden said Wednesday.

Hayden said Zinn became actively involved in the movement as an advisor and leader. The two later protested the war in Vietnam and worked on other social justice issues, Hayden said.

“He had a profound influence on raising the significance of social movements as the real forces of social change in our country,” Hayden said. “He gave us our heritage and he gave us a pride in that heritage.”

Zinn was scheduled to speak Feb. 4 at the Santa Monica Museum of Art for an event titled “A Collection of Ideas . . . the People Speak.”

On its web page, the museum said that it was “deeply saddened” by Zinn’s death and that the event would go on as a tribute to Zinn’s life as a social activist.

Paramedics responded to a 911 call about 12:30 p.m. Wednesday and took Zinn to Santa Monica UCLA Medical Center, where he was pronounced dead, said Santa Monica Police Sgt. Jay Trisler.

Zinn was in a hotel when rescuers arrived, according to his daughter.

In addition to his daughter, Zinn is survived by his son, Jeff Zinn, and five grandchildren, according to his family. His wife Roslyn died in 2008.

robert.lopez@latimes.com

ENDS

Japan Times JUST BE CAUSE column with my top ten NJ human rights issues for 2009

mytest

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Human rights in Japan: a top 10 for ’09

JUST BE CAUSE Column 24/ZEIT GIST Column 53 for the Japan Times Community Page

The Japan Times January 5, 2010

http://search.japantimes.co.jp/print/fl20100105ad.html

They say that human rights advances come in threes:  two steps forward and one back.  2009, however, had good news and bad on balance.  For me, the top 10 human rights events of the year that affected non-Japanese (NJ) were, in ascending order:

10) “Mr. James”

Between August and November, McDonald’s Japan had this geeky Caucasian shill portraying foreigners to Japanese consumers (especially children, one of McDonald’s target markets) as dumb enough to come to Japan, home of a world cuisine, just for the burgers.  Pedantry aside, McDonald’s showed its true colors — not as a multinational promoting multiculturalism (its image in other countries), but instead as a ruthless corporation willing to undermine activists promoting “foreigner as resident of Japan” just to push product.  McD’s unapologetically pandered to latent prejudices in Japan by promoting the gaijin as hapless tourist, speaking Japanese in katakana and never fitting in no matter how hard he shucks or jives.  They wouldn’t even fight fair, refusing to debate in Japanese for the domestic media.  “Mr. James’s” katakana blog has since disappeared, but his legacy will live on in a generation of kids spoon-fed cultural pap with their fast food.

https://www.debito.org/?p=4303

https://www.debito.org/?p=4243

9) “The Cove”

Although not a movie about “human” rights (the subjects are sentient mammals), this documentary (www.thecovemovie.com) about annual dolphin slaughters in southern Wakayama Prefecture shows the hard slog activists face in this society.  When a handful of local fishermen cull dolphins and call it “Japanese tradition,” the government (both local and national), police and our media machines instinctively encircle to cover it up.  Just to get hard evidence to enable public scrutiny, activists had to go as far as to get George Lucas’s studios to create airborne recording devices and fit cameras into rocks.  It showed the world what we persevering activists all know:  how advanced an art form public unaccountability is in Japan.

8) The pocket knife/pee dragnets (tie)

The Japanese police’s discretionary powers of NJ racial profiling, search and seizure were in full bloom this year, exemplified by two events that beggared belief.  The first occurred in July, when a 74-year-old American tourist who asked for directions at a Shinjuku police box was incarcerated for 10 days just for carrying a pocket knife (yes, the koban cops asked him specifically whether he was carrying one).  The second involved confirmed reports of police apprehending NJ outside Roppongi bars and demanding they take urine tests for drugs.  Inconceivable treatment for Japanese (sure, sometimes they get hit for bag searches, but not bladder searches), but the lack of domestic press attention — even to stuff as egregious as this — shows that Japanese cops can zap NJ at whim with impunity.

https://www.debito.org/?p=3772

https://www.debito.org/?p=4257

7) “Itchy and Scratchy” (another tie)

Accused murderer Tatsuya Ichihashi and convicted embezzler Nozomu Sahashi also got zapped this year.  Well, kinda.

Ichihashi spent close to three years on the lam after police in 2007 bungled his capture at his apartment, where the strangled body of English teacher Lindsay Ann Hawker was found.  He was finally nabbed in November, but only after intense police and media lobbying by her family (lessons here for the families of fellow murdered NJs Scott Tucker, Matthew Lacey and Honiefaith Kamiosawa) and on the back of a crucial tip from plastic surgeons.

Meanwhile Sahashi, former boss of Eikaiwa empire NOVA (bankrupted in 2007), was finally sentenced Aug. 27 to a mere 3.5 years, despite bilking thousands of customers, staff and NJ teachers.

For Sahashi it’s case closed (pending appeal), but in Ichihashi’s case, his high-powered defense team is already claiming police abuse in jail, and is no doubt preparing to scream “miscarriage of justice” should he get sentenced.  Still, given the leniency shown to accused NJ killers Joji Obara and Hiroshi Nozaki, let’s see what the Japanese judiciary comes up with on this coin toss.

https://www.debito.org/?p=4364

https://www.debito.org/?p=5413

6) “Newcomers” outnumber “oldcomers”

This happened by the end of 2007, but statistics take time to tabulate.  Last March, the press announced that “regular permanent residents” (as in NJ who were born overseas and have stayed long enough to qualify for permanent residency) outnumber “special permanent residents” (the “Zainichi” Japan-born Koreans, Chinese etc. “foreigners” who once comprised the majority of NJ) by 440,000 to 430,000.  That’s a total of nearly a million NJ who cannot legally be forced to leave.  This, along with Chinese residents now outnumbering Koreans, denotes a sea change in the NJ population, indicating that immigration from outside Japan is proceeding apace.

https://www.debito.org/?p=2852

5) Proposals for a “Japanese-style immigration nation”

Hidenori Sakanaka, head of the Japan Immigration Policy Institute (www.jipi.gr.jp), is a retired Immigration Bureau mandarin who actually advocates a multicultural Japan — under a proper immigration policy run by an actual immigration ministry.  In 2007, he offered a new framework for deciding between a “Big Japan” (with a vibrant, growing economy thanks to inflows of NJ) and a “Small Japan” (a parsimonious Asian backwater with a relatively monocultural, elderly population).  In 2009, he offered a clearer vision in a bilingual handbook (available free from JIPI) of policies on assimilating NJ and educating Japanese to accept a multiethnic society.  I cribbed from it in my last JBC column (Dec 1) and consider it, in a country where government-sponsored think tanks can’t even use the word “immigration” when talking about Japan’s future, long-overdue advice.

https://www.debito.org/?p=4832

https://www.debito.org/?p=4944

4) IC-chipped “gaijin cards” and NJ juminhyo residency certificates (tie)

Again, 2009 was a year of give and take.  On July 8, the Diet adopted policy for (probably remotely trackable) chips to be placed in new “gaijin cards” (which all NJ must carry 24-7 or risk arrest) for better policing.  Then, within the same policy, NJ will be listed on Japan’s residency certificates (juminhyo).  The latter is good news, since it is a longstanding insult to NJ taxpayers that they are not legally “residents,” i.e. not listed with their families (or at all) on a household juminhyo.  However, in a society where citizens are not required to carry any universal ID at all, the policy still feels like one step forward, two steps back.

https://www.debito.org/?p=3786

3) The Savoie child abduction case

Huge news on both sides of the pond was Christopher Savoie’s Sept.28 attempt to retrieve his kids from Japan after his ex-wife abducted them from the United States.  Things didn’t go as planned:  The American Consulate in Fukuoka wouldn’t let them in, and he was arrested by Japanese police for two weeks until he agreed to get out of Dodge.  Whatever you think about this messy case, the Savoie incident raised necessary attention worldwide about Japan’s status as a safe haven for international child abductors, and shone a light on the harsh truth that after a divorce, in both domestic and international cases, there is no enforced visitation or joint custody in Japan — even for Japanese.  It also occasioned this stark conclusion from your columnist:  Until fundamental reforms are made to Japan’s family law (which encourages nothing less than Parental Alienation Syndrome), nobody should risk getting married and having kids in Japan.

https://www.debito.org/?cat=49

https://www.debito.org/?p=4664

2) The election of the Democratic Party of Japan

Nothing has occasioned more hope for change in the activist community than the end of five decades of Liberal Democratic Party rule.  Although we are still in “wait and see” mode after 100 days in power, there is a perceptible struggle between the major proponents of the status quo (the bureaucrats) and the Hatoyama Cabinet (which itself is understandably fractious, given the width of its ideological tent).  We have one step forward with permanent residents probably getting the vote in local elections, and another with Prime Minister Yukio Hatoyama saying at the APEC Summit on Nov. 14 that Japan should “create an environment that is friendly to [NJ] so they voluntarily live in Japan.”  But then we have the no-steps-anywhere: The DPJ currently has no plans to consider fundamental issues such as dual nationality, a racial discrimination law, an immigration ministry, or even an immigration policy.  Again, wait and see.

https://www.debito.org/?p=5141

1) The “Nikkei repatriation bribe”

This more than anything demonstrated how the agents of the status quo (again, the bureaucrats) keep public policy xenophobic.  Twenty years ago they drafted policy that brought in cheap NJ labor as “trainees” and “researchers,” then excluded them from labor law protections by not classifying them as “workers.”  They also brought in Nikkei workers to “explore their Japanese heritage” (but really to install them, again, as cheap labor to stop Japan’s factories moving overseas).  Then, after the economic tailspin of 2008, on April Fool’s Day the bureaucrats offered the Nikkei (not the trainees or researchers, since they didn’t have Japanese blood) a bribe to board a plane home, give up their visas and years of pension contributions, and become some other country’s problem.  This move, above all others, showed the true intentions of Japanese government policy:  NJ workers, no matter what investments they make here, are by design tethered to temporary, disposable, revolving-door labor conditions, with no acceptable stake or entitlement in Japan’s society.

https://www.debito.org/?p=2930

Bubbling underNoriko Calderon (victim of the same xenophobic government policies mentioned above, which even split families apart), Noriko Sakai (who tried to pin her drug issues on foreign dealers), sumo potheads (who showed that toking and nationality were unrelated), and swine flu (which was once again portrayed as an “outsiders’ disease” until Japanese caught it too after Golden Week).

2009 was a pretty mixed year.  Let’s hope 2010 is more progressive.

Debito Arudou coauthored “Handbook for Newcomers, Migrants, and Immigrants.”  Twitter arudoudebito.  Just Be Cause appears on the first Community Page of the month.  Send comments to community@japantimes.co.jp

ENDS

1538 WORDS

The ludicrousness of Japan’s Salary Bonus System: How it contributes to Japan’s deflationary spiral

mytest

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Hi Blog.  Big news across Japan these past couple of days has been how the Winter Bonus has been slashed between 10 to 15 percent for bureaucrats:

Japan Times Friday, Dec. 11, 2009
Bureaucrats’ winter bonuses shrink
Kyodo News (excerpt)
Central and local government employees got smaller winter bonuses than usual Thursday as the protracted recession took its toll on compensation, according to estimates from the Internal Affairs and Communications Ministry.

The bonus for a 35 1/2-year-old civil servant with a nonmanagerial job came to an average of ¥647,200, down 6.6 percent, while that for a 36.6-year-old local government employee came to ¥607,000, down 7.3 percent, the ministry said.

Rest of the article at http://search.japantimes.co.jp/cgi-bin/nb20091211a5.html

(BRIEF ASIDE FOR THOSE UNFAMILIAR WITH JAPAN’S “BONUS” SYSTEM:  Those of us on regular full-time salaries get paid monthly, then get a “bonus” of several months pay every six months (usually between two to six months’ pay total, divided by two times a year, which in effect increases your total annual salary mathematically by about a third).  This has long been standard practice in Japan, and every June and December the postwar Japanese economy suddenly becomes awash in cash, as families suddenly get a glurt of around 100 man en in their accounts.)

Some people might say, well, tough beans — these bureaucrats were being overpaid anyway, so it’s about time.  The problem is that this practice is a bellwether:  other industries see this as an excuse to cut their own salaries.  My university (which is private-sector, but they directly cited the Bonus cuts to the national bureaucrats (kokka koumuin) as justification) cut all of our Bonuses this year and will continue to do so in perpetuity.  As in:  they cut our bonus multiple from 4.5 months’ salary total per year to 4.15 months’, and will not change that until the national bureaucrats revise their multiple upward.

So that means my Winter Bonus this December dropped by 15% compared to the same Winter Bonus December of last year, or about a drop of 12 man before taxes, and man am I pissed off about it.  (I might add that this is on top of the general trend:  my total annual salary has dropped more than 200 man between 2003 and 2008.)  This means that paying off my bank loan for the house I built back in 1997 (I owe three months’ mortgage payment every bonus), and a bit of insurance on top of that, completely devoured my Bonus for the first time ever yesterday.  Any more cuts, and I’m going to lose money every Bonus period.

That’s if I get a Bonus at all.  That’s the screwy thing about this Bonus System.  It’s fine in a high-speed growth economy, where you have businesses withholding about three to six months’ pay so they can earn interest on it, then pay your employees in a glurt and keep the interest.  But banks in Japan don’t pay interest anymore, so that’s no longer an incentive.

And in a mature (or even flat or negative GDP for the past two decades) economy, the Bonus System just doesn’t make sense anymore.  When you can at whim withhold a third of somebody’s salary just because the company feels it didn’t perform well enough this quarter, that should be cause for strikes and reforms.  But Japan’s unions are pretty weak and underwhelming in negotiations (compared to, say, Korea’s), and I have heard no voices yet for abolishing the Bonus System in favor of a flat (and higher) monthly salary.

I heard yesterday from a friend that he heard on the TV wide shows that only 14% of all people surveyed got a rise in Winter Bonus this December.  Everyone else either had no change, a drop, or NO BONUS AT ALL.  (I searched for a source for this, but came up short.  Debito.org Readers, please have a look around too.)  If this is true, and almost everyone is getting screwed by this system and losing money in real terms, it’s not just a labor issue anymore:  We’re talking about a deflationary spiral, as domestic consumption decreases and domestic demand follows suit, and more companies find themselves yet again cutting Bonuses because they say they have to, but really because they can.

Considering that banks in Japan do not offer refinancing deals (mine, Hoku’you, formerly Takugin, doesn’t; I asked), this deflationary spiral just means they’re taking more money from me even if my monthly payments stayed the same.  (They’re not, by the way — they’ve gone up about 1 man per month over the past two years!  Double whammy.)  And banks are wondering why more people are defaulting on their loans these days?  They should stop being greedy and start lowering their premiums too to match the fact that people in general are being paid less.  But that’s not going to happen for the foreseeable future, because there’s no precedent for it.  Meanwhile, Japan just keeps sinking deeper, as “the system that soured” (to quote Richard Katz) gets more and more sour.

Lose the Bonus System.  It is increasingly becoming a way to deprive workers of a third of their annual salary at corporate whim.  And it only feeds the forces that are hurting Japan’s consumers.  Arudou Debito in Sapporo

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

UPDATE DEC 17:  Courtesy of Ken.

Winter Bonuses To Fall To 20-Year Low: Nikkei Survey
http://www.nni.nikkei.co.jp/e/fr/tnks/Nni20091210D10JFF05.htm

TOKYO (Nikkei)–Overall winter bonuses to be paid this year will tumble to a level last seen 20 years ago, according to final estimates that Nikkei Inc. released Thursday.

A drop in winter bonuses may mean a gloomy year-end shopping season.

The weighted average bonus is seen falling 14.81% from the previous year to 701,571 yen before taxes, down for the second straight year. This is the sharpest drop since the survey was first conducted in 1978.

The Nikkei tabulated the bonus payment plans of 643 companies. The percentage of firms that will cut bonuses rose from 51% in last year’s survey to 83%. Meanwhile, those planning to raise bonuses fell from 44% to 12%.

The bonus cutback signals that corporations are still trying to curb personnel costs due to uncertainties over future economic trends, despite some earnings improvement from growth in emerging markets.

Bonuses are expected to fall 17.71% at manufacturers. The automobile and electronics sectors, which had increased bonuses in 2008, are poised to cut them by around 20% this year due to slumping exports caused by the global economic downturn and strong yen. Food producers plan to raise bonuses by 0.26%, making it the only group among the 18 manufacturing sectors to boost payments.

Nonmanufacturers plan to reduce bonuses by 5.17%, except for firms in the land transport sector, which plan to bump up payouts by 0.08%.

(The Nikkei Dec. 11 morning edition)

Mainichi: Senior Immigration Bureau officer arrested on suspicion of corruption

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Hi Blog.  Let’s look how deep the rot runs.  It’s not just human traffickers bringing in NJ on “Entertainer Visas” sponsored by the State.  It’s not just factories bringing in NJ on “Trainee and Researcher Visas” to exploit as sweatshop labor — again, sponsored by the State.  It’s even now according to the Mainichi article below the Immigration Bureau profiteering, using their power for rents-seeking (in the academic sense) to skim off money again from migrants.

Although not an elixir for all these problems, an Immigration Ministry with clear immigration policies (and not mere policing powers, given how unaccountable the Japanese police are; even below an “internal investigation” has been promised; bah!) would in my view help matters.

The big losers are of course the commodities in these exchanges — people, i.e. the NJ, who are here at the whim, pleasure, and profit of the powers that be.  Sickening.  Arudou Debito in Sapporo

PS:  Note the stats of mizu shoubai workers, ahem, “Entertainers” included below.

////////////////////////////////////////////////////////
Senior immigration officer arrested on suspicion of corruption
(Mainichi Japan) December 5, 2009,
courtesy of JK, MS and others
http://mdn.mainichi.jp/mdnnews/news/20091205p2a00m0na010000c.html

A senior immigration officer arrested on suspicion of accepting bribes is believed to have told his briber to set up an office in Kawasaki as a front.

Arrested on suspicion of accepting bribes in return for favors in the screening of residence permits for female bar workers was Masashi Ogura, 54, a chief screening officer at the Narita Airport District Immigration Office. Also arrested on suspicion of bribery was Shingo Ito, 46, the president of a Shibuya company that accommodates overseas entertainers.

Ogura is accused of accepting a total of about 6 million yen from Ito between July 2007 and November this year, while he served in positions at the Yokohama and Narita Airport district immigration offices. Both parties have reportedly admitted to the allegations against them.

Police said that Ito’s company had mainly Filipino women come to Japan as dancers and singers and work at a pub that he operated in the Tokyo city of Fuchu. He also introduced them to other restaurants, investigators said. Ogura reportedly used immigration computer terminals to look up the criminal history and immigration logs of the foreign women that Ito was planning to bring to Japan, and leaked the information.

“He (Ogura) silently accepted the fact that there were false details on application forms,” Ito was reported as telling investigators.

On Friday police searched about 20 locations in connection with their investigation into the alleged bribery, including the Tokyo Regional Immigration Bureau.

Investigators suspect that Ogura had Ito set up an office under the jurisdiction of the Yokohama District Immigration Office. They said Ito had earlier heard from a man involved in the same type of business that screening at the Yokohama immigration office was lenient, and approached Ogura, treating him to meals and a round of golf.

Ito’s company did not have any business facilities under the jurisdiction of the Yokohama immigration office. To obtain residence permits at the office, the company applying must have a business facility under the office’s jurisdiction with at least five permanent employees. Ogura reportedly told Ito to get his “appearances in order” and set up an office in Kawasaki. The office had just one desk and no permanent manager.

It’s believed that tightened immigration procedures played a part in the pair’s actions. In the past, there were many cases in which women entered Japan on entertainment visas but ended up working as bar hostesses, which promoted immigration authorities to tighten screening of the places where they were working in 2005. According to the Justice Ministry, some 135,000 people entered Japan in 2004 as entertainers, but in 2005 the figure dropped to about 100,000 and in 2008 the number sunk to about 35,000.

Masahiro Tauchi, director-general of the Justice Ministry’s Immigration Bureau, expressed regret over Ogura’s arrest.

“It is extremely disappointing that a worker has been arrested. We will thoroughly carry out an internal investigation and deal with the matter strictly,” he said.

Original Japanese story follows:

入管汚職:贈賄側に事務所開設を指示…逮捕の入管職員
毎日新聞 2009年12月4日
http://mainichi.jp/select/jiken/news/20091205k0000m040106000c.html
東京入国管理局の入国審査を巡る汚職事件で、便宜を図った見返りに現金580万円を受け取ったとして逮捕された同局成田空港支局統括審査官の小倉征史容疑者(54)が横浜支局に勤務していた07年当時、贈賄側の業者が川崎市に実態のない事務所を開設していたことが警視庁捜査2課の調べで分かった。同課は、便宜を図るために小倉容疑者が横浜支局管内に開設させたとみている。同課は4日、東京入国管理局(港区)など約20カ所を家宅捜索した。

同課によると、贈賄容疑で逮捕された外国人芸能家招へい会社「パーフェクトインターナショナル」(渋谷区)社長の伊東信悟容疑者(46)は、同業の男性から「横浜支局は審査が緩い」と聞き、07年4月ごろから、ゴルフや飲食の接待で小倉容疑者に接近。事務所開設の相談を持ちかけた。

パ社は横浜支局管内に事務所を持っておらず、同支局で在留資格証明を取るには管内に5人以上の社員が常勤する事務所を構える必要があったが、小倉容疑者は「体裁を整えておけばいい」と助言。川崎市内に開設するよう指示したという。事務所には机が一脚あるだけで、事務局長も常駐していなかった。

また、同課は05年3月に施行された改正省令が事件の背景にあるとみている。以前は外国政府が発行する芸能人資格証明などの書類がそろっていれば在留を許可していた。

しかし、興行ビザで入国しながら飲食店でホステスとして働くケースが相次ぎ、入管が勤務先を調査するなど審査が厳しくなったという。

法務省によると、興行目的の入国は04年は約13万5000人だったが、05年は約10万人、08年には約3万5000人に減少した。

田内正宏・法務省入国管理局長は「職員が逮捕され誠に遺憾。内部調査を徹底し厳正に処分する」とコメントを出した。【酒井祥宏、川崎桂吾】

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

収賄容疑で東京入管職員を逮捕 在留資格認定で便宜、580万受領
産經新聞 2009.12.4 11:52 Courtesy of MS
http://sankei.jp.msn.com/affairs/crime/091204/crm0912041105003-n1.htm
外国人ダンサーらの在留資格認定で便宜を図る見返りに、現金約580万円を受け取ったなどとして、警視庁捜査2課は4日、収賄の疑いで東京入国管理局成田空港支局統括審査官、小倉征史容疑者(54)=東京都新宿区四谷=、贈賄の疑いで外国人芸能家招聘業「パーフェクトインターナショナル」社長、伊東信悟容疑者(46)=杉並区高井戸東=を逮捕した。同課によると、2人は容疑を認めている。
同課の調べによると、小倉容疑者は平成19年7月下旬から21年11月中旬にかけ、計29回にわたり、フィリピン人ダンサーらの在留資格認定手続きで便宜を図った見返りとして、伊東容疑者から現金計約580万円を受け取った疑いが持たれている。
毎月、20万円ずつの入金を受けていたといい、同課の調べに対し、小倉容疑者は「金はパチンコなどの遊興費に使った」と供述している。
小倉容疑者は18年4月から昨年3月の間、東京入官横浜支局統括審査官を務め、同年4月以降は成田空港支局に異動。外国人の在留資格認定証明書の審査などを担当していた。
小倉容疑者は19年4月ごろ、知人を通じて伊東容疑者と知り合い、通常は1ヶ月かかる証明書発行を早めたり、記載内容が虚偽と知りながら黙認するなどの便宜を図っていた。現金供与以外にも、複数回にわたり飲食やゴルフ接待を受けていたという。

Post #1500!: Japan Times JUST BE CAUSE column Dec 1 2009 on making Japan more attractive to immigrants (with links to sources)

mytest

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Hi Blog. Indulge me a sec: I’m pleased to announce that this marks my 1500th post since the Debito.org blog first began its daily updates in June 2006. Because 365 days times the 3.5 years since 2006 equals 1278 posts, that means we’ve been posting an average of more than one blog entry a day, consistently, for a third of a decade. Not bad. Carrying on — with my latest column today in the JT. Enjoy. Arudou Debito in Sapporo
justbecauseicon.jpg

A LEVEL PLAYING FIELD FOR IMMIGRANTS
Policy suggestions to make Japan more attractive to newcomers
By Arudou Debito
JUST BE CAUSE Column 22 / ZEIT GIST Column 51
Published in the Japan Times Tues Dec 1, 2009

http://search.japantimes.co.jp/cgi-bin/fl20091201ad.html
DRAFT ELEVEN, as submitted post revisions to the Japan Times
Version with links to sources

For the first time in Japan’s postwar history, we have a viable opposition party in power, one that might stick around long enough to make some new policies stick. In my last column for 2009, let me suggest how the Democratic Party of Japan could make life easier for Japan’s residents — regardless of nationality.

My proposals can be grouped into four categories: immigration, policing, human rights protections and public relations. Each in turn:

I) Immigration. Despite Japan’s looming demographic disaster — you know, the aging society and population drop due to low birthrates and record-long life spans — we still have no immigration policy. No wonder: The people charged with dealing with Non-Japanese (NJ) — i.e. the Ministry of Justice’s Immigration Bureau and sundry business-sector organizations — just police NJ while leeching off their labor. Essentially, their goal is to protect Japan from the outside world: keep refugees out, relegate migrant workers to revolving-door contracted labor conditions, and leash NJ to one- to three-year visas. For NJ who do want to settle, the Justice Ministry’s petty and arbitrary rules can make Permanent Residency (PR) and naturalization procedures borderline masochistic.

This cannot continue, because Japan is at a competitive disadvantage in the global labor market. Any immigrant with ambitions to progress beyond Japan’s glass ceiling (that of either factory cog or perpetual corporate flunky) is going to stay away. Why bother learning Japanese when there are other societies that use, say, English, that moreover offer better lifetime opportunities? It’s time we lost our facile arrogance, and stopped assuming that the offer of a subordinate and tenuous life in a peaceful, rich and orderly society is attractive enough to make bright people stay. We also have to be welcoming and help migrants to settle.

Suggestions: 1) We need a new immigration ministry, independent of the Ministry of Justice, to supplant the Immigration Bureau. It would decide clear and public standards for:

● what kinds of immigrants we want

● how we can give immigrants what they want, and

● how to make immigrants into Japanese, both in law and in spirit.

2) We need to loosen up a little. This would mean implementing policies often standard in countries with successful records of assimilating immigrants, such as:

● less time-consuming and arbitrary standards for awarding PR and citizenship

● faster-track PR and job-finding assistance for graduates of our schools and universities

dual (or multiple) nationality

citizenship granted by birth in Japan (not just blood)

● equal registration as “residents” (not merely as foreigners on separate rosters to police and track)

● equal access by merit to credit and loans (most credit agencies will not lend to NJ without PR)

● stable jobs not segregated by nationality (and that includes administrative-level positions in the civil service)

● qualifying examinations that allow for non-natives’ linguistic handicaps, including simplified Japanese and furigana above kanji characters

visa programs that do not split families up

● periodic amnesties for long-term overstayers who have been contributing to Japan in good faith, and

● minority schools funded by the state that teach children about their bicultural heritage, and teach their parents the Japanese language

It’s not all that hard to understand what immigrants need. Most want to work, to get ahead, to make a better life for their children — just like any Japanese. Recognize that, and enforce equal access to the fruits of society — just like we would for any Japanese.

II) Policing. As in any society, police are here to maintain law and order. The problem is that our National Police Agency has an explicit policy mandate to see internationalization itself as a threat to public order. As discussed here previously, NPA policy rhetoric talks about protecting “citizens” (kokumin) from crimes caused by outsiders (even though statistics show that the insiders, both in terms of numbers and percentages, commit a disproportionate amount of crime). This perpetual public “othering and criminalizing” of the alien must stop, because police trained to see Japan as a fortress to defend will only further alienate NJ.

Suggestions: To make the NPA citadel more open and accountable, we must:

● create clear guidelines for the NPA to stop racial profiling in basic interactions, and create an agency for complaints about police that is not managed by the police

● amend laws (particularly the Foreign Registry Law; NJ should also be covered by the Police Execution of Duties Law, which forbids searches without probable cause) so that NJ are no longer more vulnerable than Japanese vis-a-vis random street investigations

● make NPA manuals public (to see how police are being trained to deal with NJ), then revise and retrain so that police see their mandate as protecting everyone (not just citizens)

● hire non-native speakers as police to work as interlocutors in investigations

● create “whistleblower status” to protect and shelter NJ who provide evidence of being employed illegally (currently, overstayers reporting their exploitative employers to the police are simply arrested, then deported to face reprisal overseas)

● take refugee issues away from the Justice Ministry and give them to a more flexible immigration ministry — one able to judge asylum seekers by conditions in their countries of origin, and by what they can offer Japan

III) Human rights protections. Once immigrants become minorities here, they must be protected from the xenophobes found in any society.

Suggestions:

● Grant the Bureau of Human Rights (or an independent human rights bureau within the proposed immigration ministry) enforcement and punitive powers (not to mention create an obligation to make the results of their investigations public).

● Strengthen labor laws so that, for example, abusive and unlawful contracts are punished under criminal law (currently, labor disputes are generally dealt with by time-consuming civil courts or ineffectual labor tribunals).

● Create and enforce laws upholding the spirit of pertinent United Nations treaties, including the Conventions on Civil and Political Rights, the Rights of the Child, and the Elimination of Racial Discrimination.

● Most importantly — and this underpins everything — create a criminal law against racial discrimination. Include criminal penalties to stop all those places we know so well (businesses, hotels, landlords etc.) enforcing “Japanese Only” rules with impunity.

Of course, some of these proposals are practically impossible to adopt now, but we had better get the public softened up to them soon. The smart migrants won’t come if they know they will remain forever second-class residents, even if they naturalize. Their rights are better protected in other countries, so that’s where they’ll head instead of our fine shores.

IV) Public relations. This is the easiest task, because it won’t involve much tax outlay. The government must make clear statements, as Prime Minister Yukio Hatoyama did last month at an APEC summit, indicating that immigration is a good thing for Japan, and stress the positive contributions that NJ have made so far. The media have focused too heavily on how NJ can’t sort their garbage. Now it’s time to show the public how NJ will sort us out for the future.

We are about to start a new decade. This past one has been pretty rotten for NJ residents. Recall the campaigns: Kicked off by Tokyo Gov. Shintaro Ishihara’s “Sankokujin Speech” in 2000, where he called upon the Self-Defense Forces to round up foreigners in the event of a natural disaster, we have had periodic public panics (al-Qaida, SARS, H1N1, the G8 Summits and the World Cup), politicians, police and media bashing foreigners as criminals and terrorists, the reinstitution of fingerprinting, and increased NJ tracking through hotels, workplaces and RFID (radio-frequency identification) “gaijin cards”. In other words, the 2000s saw the public image of NJ converted from “misunderstood outsider” to “social destabilizer”; government surveys even showed that an increasing majority of Japanese think NJ deserve fewer human rights!

Let’s change course. If Hatoyama is as serious as he says he is about putting legislation back in the hands of elected officials, it’s high time to countermand the elite bureaucratic xenophobes that pass for policymakers in Japan. Grant some concessions to non-citizens to make immigration to Japan more attractive.

Otherwise, potential immigrants will just go someplace else. Japan, which will soon drop to third place in the ranking of world economies, will be all the poorer for it.

ENDS

1381 WORDS

Debito Arudou coauthored the “Handbook for Newcomers, Migrants and Immigrants.” This article with links to sources at www.debito.org/?p=5295. Just Be Cause appears on the first Community Page of the month. Send comments on this issue and story ideas to community@japantimes.co.jp

Kyodo: numerical figures on how many NJ took “Nikkei Repatriation Bribe”

mytest

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Hi Blog.  After the GOJ instituted the “Nikkei Repatriation Bribe” last April 1, bribing people with Japanese blood (only) to give up their visas, pension, and whatever contributions they made to Japan for a paltry lump-sum, “get out of our country and be somebody else’s problem” exchange, we have some possible figures coming out on perhaps how many people actually took it.

On average over the past decade, the registered NJ population in Japan has risen by about 50,000 per year.  According to the figures below, we may have the first fall in the NJ population in more than four decades.  Let’s wait and see, but the GOJ may have in fact succeeded in what I believe are the long-standing plans to keep the NJ labor market on a revolving-door, non-immigrant footing.  As I will be writing next Tuesday in my Japan Times column, this is what happens when you leave immigration policy in the hands of elite xenophobic bureaucrats in the Justice Ministry.  Arudou Debito in Sapporo

///////////////////////////////////////////////////
No. of immigrants applying for repatriation aid hit 16,000 by mid-Nov
Japan Today/Kyodo News Tuesday 24th November,
Courtesy of AW
http://japantoday.com/category/national/view/no-of-immigrants-applying-for-repatriation-aid-hit-16000-by-mid-nov

TOKYO — The number of immigrants of Japanese descent who had applied for government repatriation aid since the program began in April had reached roughly 16,000 by mid-November, welfare ministry officials said Monday. The bulk of the applicants were Japanese-Brazilian workers whose limited-time contracts with manufacturers have been terminated and their families, the officials said.

While around 370,000 immigrants of Japanese descent from Latin America, including Peru and Brazil, were estimated to be living in Japan as of the end of last year, about 40,000 to 50,000 are believed to have returned home at their own expense. The repatriation aid program is expected to finish at the end of the current fiscal year next March, after only a year, amid cost-cutting efforts by the administration of Prime Minister Yukio Hatoyama.

ENDS

UPDATE:  As commenter Jeff notes below, note the wording of “about 40,000 to 50,000 are believed to have returned home at their own expense” in the second paragraph above.  Even the media is complicit in defining potential immigrants as outsiders, with the assumption of Japan not being their “home”  That’s how deep this problem runs.  (And, for the record, even I didn’t pick that out when I first posted.  Silly me.)

NPR interview with Jake Adelstein, author “Tokyo Vice”, on how police and laws do not stop NJ human trafficking in Japan

mytest

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Hi Blog. Jake Adelstein, whose new book TOKYO VICE just came out, was interviewed on America’s National Public Radio program “FRESH AIR” on November 10, 2009. What follows is an excerpt from their podcast, minute 23:45 onwards, which talks about how domestic laws hamstring the NPA from actually cracking down on human trafficking and exploiting NJ for Japan’s sex trades. Jake’s work in part enabled the US State Department to list Japan as a Tier-Two Human Trafficker, and got Japan to pass more effective domestic laws against it.

Read on to see how the process works in particular against NJ, given their especially weak position (both legally and languagewise). If NJ go to the police to report their exploitation, it’s the NJ who get arrested (and deported), not the trafficker. And then the trafficker goes after the NJ’s family overseas.  Glad people like Jake are out there exposing this sort of thing.  Arudou Debito in Sapporo

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

DAVE DAVIES: On a more serious note, you became aware of some women who were working in the sex industry, who appear not to be there of their own free will. There was human trafficking going on. How did it work in the cases that you found?

JAKE ADELSTEIN: Japan is much better than it was than the time I started writing about this. But essentially it works like this: You bring foreign women into the country, often under false pretences — that they would be working as hostesses, or working as waitresses in a restaurant. You take away their passports. You put them in a room. You monitor their activities so that they can’t leave. And then you take them to the clubs where they have sexual relations with the customers. And, aren’t paid. The women have no freedom of movement. They’re told, after they’ve slept with a customer, or been forced to sleep with a customer — sometimes they were raped first, so they’d get used to the job — that if they go to the police, since they’re in Japan illegally, that they would be deported and they would still owe money for their travel expenses to Japan. And very often these traffickers would have agents within the countries where they were recruiting these women, often Eastern Europe, and contact the families of the women under various pretexts, to let them know that if they disobeyed, or did something in Japan or ran away, that their families back home would be menaced or killed.

DAVE DAVIES: You worked really hard to develop sources, and get enough on the record to write a story about this going on, and identify some of the people who were operating these human trafficking sex joints. What was the reaction among the police and other authorities when you exposed this?

JAKE ADELSTEIN: The reaction was that they asked me to introduce them to some of the women who were victims, so that they could *arrest* them, and have a pretext to raid these clubs. An officer there I really liked a lot named Iida-san said, “I’d love to put these places out of business. But you have to understand that these women, while they are victims, that we can’t protect them. We have to prosecute them under Japanese law. There is no provision in the law that allows us to keep them in the country while we do the investigation. So, I *could* do the investigation, and I could put these people out of business, but in order to do that, I’m going to have to have you put me in contact with some of the women, and I’m not going to be able to take a statement from them without arresting them.” And I couldn’t do that.

I went to another division of the police department and asked them, “Can you do anything about that?” And they said, “We can do something about it, but first of all, we don’t have enough people who speak foreign languages to do a very competent investigation right now. And we’ve got a lot of other things on our plate. While your article is good, it is not something that is immediately actionable for us.”

DAVE DAVIES: Which was enormously frustrating for you.

JAKE ADELSTEIN: It was *enormously* frustrating. And when I realized of course was that, while the cops have problems with this and would like to do the investigations and put these people out of business, that essentially the law wouldn’t let them do it. That’s why I began writing about the flaws in the law, the whole legal system, and I also began taking studies and information and stories that I had written up as a reporter to the US State Department representative at the Embassy in Tokyo.

DAVE DAVIES: In effect, by embarrassing the government, you were able to get some reform?

JAKE ADELSTEIN: Yes. I can’t take total credit, but I would like to take some credit for supplying the US Government with enough information that they could embarrass Japan enough so that Japan felt compelled to actually put some laws on the books that trafficking harder to do. One of the things I was most proud of was, the International Labor Organization did a very scathing study of human trafficking problems in Japan — pointing out the victims weren’t protected, the traffickers were lightly punished, fined, and rarely did jail time. Which the Japanese Government, which sponsored this study, told them “never release”. I was able to get a copy of that report and put it on the front page of our newspaper as a scoop, while the Japanese Government was still getting ready to announce their plan of action. And I think that had a very positive effect of making them put together a plan that was actually effective.
EXCERPT ENDS

Speaking tomorrow, Thurs Nov 5, Sapporo Gakuin Dai 「法の下の平等と在住外国人」

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
Hi Blog. Speaking in Japanese tomorrow, FYI, at Sapporo Gakuin.
Thursday November 5, 2009 1PM. 札幌学院大学法学部公開講座リレー講義「人権・共生・人間の尊重 あらためてその理念と現実を考える」第7回「法の下の平等と在住外国人」。札幌学院大学D202教室にて。
http://www.sgu.ac.jp/other/do050b0000000bdm-att/j09tjo0000000aes.pdf

Powerpoint here.
https://www.debito.org/sgu110509.ppt

Have a look! Or come see. Debito

Japan Times JUST BE CAUSE column: “Demography vs. Demagoguery”

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito

justbecauseicon.jpg
JUST BE CAUSE
Demography vs. demagoguery: when politics, science collide

The Japan Times Tuesday, Nov. 3, 2009
By DEBITO ARUDOU
http://search.japantimes.co.jp/cgi-bin/fl20091103ad.html

Last June, I attended a symposium sponsored by the German Institute of Japanese Studies. Themed “Imploding Populations: Global and Local Challenges of Demographic Change,” I took in presentations about health care, international and domestic migration, and life in a geriatric society.

Nothing surprising. The United Nations and our government acknowledged back in 2000 that Japan was heading for a demographic nightmare: a decreasing population, more old people than we can take care of, not enough young people to pay taxes, and economic decline.

Shocking, however, was the bad science: The presenting Japanese scientists were deliberately ignoring data fundamental to their field.

One panel was particularly odd. Panelists concluded, of course, that Japan must do something to stop this demographic juggernaut. A deputy director general at Japan’s National Institute of Population and Social Security Research even extrapolated that Japanese would be extinct by the year 3000! Yet the prospect of Japan’s decimation was no match for the fear of the foreign element.

During the Q-and-A, I asked: “Sir, only briefly in your presentation do you mention letting foreigners into Japan as a possible solution. However, you depict the process not as ‘immigration’ (imin), but as the ‘active use of the foreign working labor population’ (gaikokujin rodoryoku jinko no katsuyo). Why this rhetoric?”

The speaker hedged a bit, suddenly asserting that Japan is now a crowded island society. To paraphrase, “Immigration is not an option for our country. Inflows must be strictly controlled for fear of overpopulation.”

Afterward, one on one, I reconfirmed his intellectual disconnect. He further cited “a lack of national consensus” on the issue. When I asked if this was not a vicious circle (i.e. avoiding public discussion of the issue means no possible consensus), he gave a noncommittal answer. When I asked if “immigration” had become more of a political term than a scientific one, he begged off replying further.

Seems I opened Pandora’s Box. For the rest of the conference, whenever a Japanese presenter discussed every option for Japan’s future but immigration (they all avoided it), they played dodgeball with questions from other scientists. The ignorance was systematic — only one gave a begrudging acknowledgment that foreigners might be necessary for Japan’s future, although he personally couldn’t imagine it.

As a German expert of demographics told me afterward with consternation, “Demographics is the study of population changes: births, deaths, inflows and outflows. How can the Japanese demographers ignore inflows, even the possibility of them, in their assessments and still think they are doing good science?”

The reason is because this science in Japan has become riddled with politics. We know Japan’s population will continue to drop. Yet extinction still seems preferable to letting people in to stay.

Thus “immigration,” like “racial discrimination” (JBC, June 2), has become another taboo topic. One must not mention it by name, especially if you represent a government-funded think tank.

Then, when you have whole branches of government studiously ignoring the issue (even though last June the Health Ministry proposed training for companies to hire more foreigners, the former Aso Cabinet wouldn’t consider immigration as one of its top five priority plans), we can but say that the ostrich is in full burrow mode.

This is why I’m having trouble seeing any public policy — from the Nikkei workers being bribed to go home after two decades of contributions, to the proposed imports of Indonesian and Philippine nurses — as anything more than yet another “active use of the foreign working labor population.” Or, more honestly put, programs exploiting revolving-door employment regimes.

How seriously can we continue to tempt foreigners with the promise of a life in Japan in exchange for the best years of their labor productivity, only to revoke their livelihoods and pension contributions at the first opportunity, blaming globalization’s vicissitudes? How seriously can we make continued employment contingent upon a qualification hurdle (such as a tough nursing exam) that would challenge even native speakers?

This will only hurt us as a society in future. Again, we are on the cusp of a future in a society that can’t pay or take care of itself. It’s already happening in Japan’s depopulated countryside. Demographic science, if practiced properly, leads inevitably to that conclusion.

So here’s my reality check: Either way, people will come to Japan — even if it means they find an enfeebled or empty island to live in. With a new political administration in government, we might as well consider bringing in people now while we have more energy and choices.

Time out. Just like that guy at the think tank, time for me to be hit with a Debito-style question: “Who decides what Japan wants?”

Answer: We residents do, of course. But the people who represent or make decisions for us are not necessarily receptive enough (or all that developed as human beings) to understand one simple thing: People who appear to be different are not a threat. We cannot expect leaders and bureaucrats to guide us to a world they cannot envision.

So I will keep asking the Debito Questions, and argue that people like us are a viable alternative to Japan’s slow but inexorable decline. For Japan’s sake, we must save us from ourselves. I’ll suggest how next month.

Debito Arudou coauthored the “Handbook for Newcomers, Migrants and Immigrants.” Twitter arudoudebito. Just Be Cause appears on the first Community Page of the month.
ENDS

Mainichi: Chinese trainees file complaint with labor bureau over 350 yen per hour overtime

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
UPDATES ON TWITTER: arudoudebito

Hi Blog.  Coming on the heels of news two months ago, of GOJ reports of record numbers of labor violations and NJ Trainee deaths from overwork, here we have Nj fighting back regarding overtime.  Unpaid or underpaid, that is.  Which has been happening for decades now, since the “Trainee” and “Researcher” came online almost twenty years ago.  It’s just going to keep happening until the GOJ finally enforces its already weak labor laws, and these workers fight back through unions and courts to claim what’s rightfully theirs — minimum standards for work and pay.  Bonne chance.  Arudou Debito in Sapporo

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

Chinese trainees file complaint with labor bureau over 350 yen per hour overtime

(Mainichi Japan) October 27, 2009, Courtesy of JK

http://mdn.mainichi.jp/mdnnews/news/20091027p2a00m0na020000c.html

Chinese trainees, including the five who filed a complaint with the Shimabara Labor Standards Inspection Office, attend a rally calling for better working conditions. (Mainichi)

Chinese trainees, including the five who filed a complaint with the Shimabara Labor Standards Inspection Office, attend a rally calling for better working conditions. (Mainichi)

SHIMABARA, Nagasaki — Five Chinese trainees at an underwear manufacturer here have filed a complaint with the local labor bureau claiming they were forced to work overtime for just 350-400 yen per hour.

“We came to Japan with hope, but we are not treated like human beings,” the five women stated. “One other trainee complained that our wages were low and was sent back to China. We want to work in Japan for three years under reasonable conditions.”

The complaint, filed on Oct. 21, also claims that the women had their break times deducted for washroom visits, and the Shimabara Labor Standards Inspection Office has launched an investigation into the company for possible violations of the Labor Standards Act.

“The labor bureau is conducting an inquiry, so I cannot comment,” said the 62-year-old company president.

The five women, aged 21 to 27, arrived in Japan between December 2006 and December 2007 under the Industrial Training and Technical Internship Program, administered by the governmental Japan International Training Cooperation Organization.

According to the complaint and other sources, the women each worked as many as 209 overtime hours per month, and about 2,000 hours per year. The 350-400 yen per hour the women claim they were paid for that overtime falls short of Nagasaki Prefecture’s minimum wage of 629 yen per hour, and well below the standard set by the Labor Standards Act, which requires employers to pay 1.25-1.6 times the regular wage for overtime.

The women claim that during busy periods they each worked from 8 a.m. to 12 a.m., and sometimes did not have a single day off per month. They apparently signed a contract paying them a monthly salary based on the minimum wage, but that excluded provisions for overtime. Working an average of 173 hours per month at the minimum wage would equal a monthly paycheck of about 110,000 yen.

However, the women claim that the company told them their pay was being directly deposited in their bank accounts and did not show them the payment details. Furthermore, the company held both the women’s bankbooks and passports. The company president also apparently checked the clock whenever one of the women went to the washroom and deducted that time from their breaks.

A person who knew of the women’s working conditions reported the company to the Kumamoto Prefecture branch of the Zenroren union, which passed on the report to the Nagasaki branch. The five women enrolled in the Nagasaki branch, and began collective bargaining with the company. That resulted in the return of their bankbooks, but apparently no progress was made on the wage issue.

In response to growing criticism from experts on the rising number of foreign worker exploitation cases, the central government amended the Immigration Control and Refugee Act in July. The changes will go into effect in July 2010, and the government continues to review the system.

ENDS

================================
中国人研修:時給350円、トイレ分は休憩減 5女性申告
毎日新聞 2009年10月27日
http://mainichi.jp/select/wadai/news/20091027k0000e040080000c.html

集会で過酷な労働実態を訴えた中国人女性=長崎市で2009年10月25日、阿部弘賢撮影

集会で過酷な労働実態を訴えた中国人女性=長崎市で2009年10月25日、阿部弘賢撮影

長崎県・島原半島内の女性下着縫製会社で働く中国人女性5人が、時給350~400円で残業させられているなどとして、島原労働基準監督署に労働基準法違反の申告をした。「トイレに行くと休憩時間から引かれた」などとも訴えている。申告を受け、同労基署は労働実態調査に乗り出した。同社の社長(62)は「労基署が調べているのでコメントできない」としている。

外国人研修・技能実習制度により、06年12月~07年12月に入国した21~27歳の中国人女性。今月21日に申告した。

申告などによると、同社は時給350~400円で多い月は1カ月に209時間、年間約2000時間の残業をさせたとしている。労基法は時間外勤務について賃金の1.25~1.6倍の割り増しを定めているが、同県の最低賃金(現在629円)も大幅に下回っていると主張している。

女性らによると、繁忙期は午前8時~午前0時ごろまで働き、休日が1カ月に1日もなかった月もあったとしている。残業代を除く1カ月の給料は、県の最低賃金で計算する契約。1カ月平均173時間で約11万円になるが、同社は「通帳に振り込んでいる」などとして明細を出さず、通帳やパスポートも預かられていたという。また、女性らが勤務時間中にトイレに行く際は、社長が時計で時間を計り、その分を休憩時間から差し引かれたという。

女性らの労働状況を知った関係者が9月上旬、熊本県労連を通じて長崎県労連に連絡。女性らは団体交渉での解決を目指し、県労連の労働組合に加入し、会社側との団交を続けている。この結果、通帳などは返されたが、賃金についての進展はみられないという。

女性らは「希望を持って日本に来たが、私たちは人間として扱われていない。実習生のうち1人は『給料が少ない』と言ったら中国に帰国させられた。私たちは適正な環境で3年間、日本で働きたい」と訴えた。

同制度を巡っては、専門家らから「労働搾取」が相次いでいると批判の声が出ており、政府は今年7月に入管法を改正したほか、来年7月の改正法施行に合わせ、更なる制度見直しを進めている。【阿部弘賢】

ENDS

Mainichi: Numerous foreign trainees forced to work under harsh conditions in Japan, even to death

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
UPDATES ON TWITTER: arudoudebito

Numerous foreign trainees forced to work under harsh conditions in Japan
(Mainichi Japan) August 30, 2009, Courtesy of JK

http://mdn.mainichi.jp/mdnnews/news/20090829p2a00m0na019000c.html

Numerous foreign vocational trainees are being forced to work under harsh conditions in Japan, such as illegally low wages and excessive overtime.

The bereaved family of a Chinese man who died during vocational training in Japan filed for workers’ compensation on Aug. 7, claiming he died from overwork. It was the first case in which the bereaved family of a vocational trainee is seeking work-related accident compensation.

Revisions to the Immigration Control and Refugee Recognition Law that were passed into law in July call for stepped up protection of foreign trainees. However, organizations supporting foreign trainees are urging that the system be reviewed, claiming that excessive workloads are infringing on their personal rights.

In late January, a support group placed six Chinese women undergoing vocational training at a sewing factory in Yufu, Oita Prefecture, under protection after they complained of harsh working conditions.

They had been forced to work until the predawn hours every day. After the factory operator learned that one of them complained about her working conditions to a relative living in Japan, the boss attempted to force her to go back to China. However, she called the organization for help.

“I’ve worked too much and have a headache,” one of them complained to the organization.

“We’re given only 10 minutes for a meal,” another said.

The organization learned that the company paid each of them only 10,000 to 30,000 yen in overtime per month even though they performed about 270 hours of overtime a month. Moreover, the company kept the trainees’ bankbooks.

Another former Chinese trainee who worked at a sewing factory in Amakusa, Kumamoto Prefecture, received only 300 yen per hour for overtime, less then half the legal minimum wage. The former trainee has filed a suit, demanding unpaid wages.

There are also problems with employment agencies in trainees’ home countries.

One agency in China advertised on its Web site for trainees at Japanese companies under illegal working conditions, such as 300 yen per hour of overtime in the first year of training.

Before coming to Japan, many trainees are required to pay employment agencies a deposit and other fees, which are several times their annual income. They typically obtain loans to pay the fees, and are supposed to use the wages they earn in Japan to repay their debts.

“They often have no choice but to accept illegal working conditions for fear that they would be forced to go back to their home countries before repaying their debts,” a member of one of the support groups said.

The Justice Ministry has confirmed that a record 452 companies and other organizations that accepted foreign trainees were involved in illegal practices last year. About 60 percent of them involve violations of labor-related laws, including unpaid wages and overtime allowances.

A survey conducted by the Japan International Training Cooperation Organization (JITCO) has found that a record 34 trainees died in fiscal 2008. Nearly half, or 16 of them, died of brain and heart diseases that are often caused by long working hours. Experts say that there is a high possibility that they died from overwork.

With the amendment to the Immigration Control and Refugee Recognition Law, labor related laws, which had applied to foreign trainees from their second year, now apply to those in their first year of training. As a result, it is now guaranteed that foreign trainees can sign proper employment contracts with their employers, just like Japanese workers.

The government is poised to revise its regulations to inspect companies that accept foreign trainees at least once a month to see if their working conditions are legal as well as stiffen penalties for businesses involved in illegal labor practices and strictly examine the terms of contracts between foreign trainees and employment agencies in their home countries.

However, support groups question the effectiveness of these measures, pointing out that many of those in their second year of training are subjected to illegal labor practices.

Lawyer Shoichi Ibusuki, who specializes in the issue of foreign trainees, underscores the need to discuss the pros and cons of fully accepting foreign workers rather than changing the working conditions for foreign trainees.

“Legal revisions alone can’t prevent infringements of trainees’ rights and death from overwork. Rather than making superficial changes to the system, we should discuss the pros and cons of accepting foreign laborers,” he said.

Original Japanese story:
外国人研修・実習生:過酷労働に悲鳴 支援団体見直し要望

2009年8月25日 12時53分

外国人研修・技能実習制度で来日した外国人が、違法な低賃金労働や長時間残業を強いられる被害が相次いでいる。今月7日には、実習中に死亡した中国人男性の遺族が「過労死だ」と主張し、研修・実習生としては初めて労災申請。7月に成立した改正入管法は外国人の保護強化を盛り込んでいるが、支援団体は「過重労働による人権侵害はなくならない」と制度の見直しを求めている。

今年1月末、大分県由布市の縫製会社で、6人の女性中国人研修・実習生が支援団体に緊急保護された。「働き過ぎて頭が痛い」「食事時間が10分しか与えられない」。連日未明まで勤務を強いられ、1人が日本に住む親類に被害実態を打ち明けた。連絡したのが会社にばれて強制帰国させられそうになったが、公衆電話から助けを求めた。月約270時間の時間外労働に対し、残業代はわずか月1万~3万円。通帳も会社に管理されていた。

熊本県天草市の縫製工場で働いていた中国人元実習生の場合は、連日12時間以上働きながら、残業代は最低賃金の半分以下の時給300円。会社などを相手に未払い賃金を求めて訴訟中だ。

母国の派遣会社側にも問題がある。ある中国の派遣会社はホームページで「1年目の残業代時給300円」と違法な条件で研修生を募集していた。

研修生の多くは来日前、母国の派遣会社に保証金を含め年収の数倍もの出国費用を支払う。費用は借金で工面し、来日後の賃金で返済する。支援者らは「返済前の途中帰国におびえて違法な労働環境に泣き寝入りするしかない」と懸念する。

昨年1年間、法務省から「不正行為があった」と認定された受け入れ企業や団体数は過去最多の452。時間外作業や賃金不払いなどの労働関係法規違反が全体の6割を占めた。財団法人・国際研修協力機構(JITCO)の調査では、研修・実習生の08年度の死者は過去最多の34人。長時間労働が原因とされる脳・心疾患が16人を占め「過労死の疑いが強い」との指摘が出ている。

入管法改正で、来日2年目以降の実習生しか適用されなかった労働基準法や最低賃金法などの労働関係法令が1年目から適用され、日本人と同様の雇用契約が保障されるようになる。政府は省令改正などで▽受け入れ企業への月1回以上の確認・指導▽不正行為をした場合の受け入れ停止期間延長▽母国の派遣会社と外国人の契約内容の確認強化--なども実施する。

しかし、現状では2年目以降の実習生にも被害が及んでおり、支援団体などは実効性を疑問視する。外国人研修生問題弁護士連絡会の指宿昭一弁護士は「改正では人権侵害や過労死を防げない。小手先の見直しでごまかさず、外国人労働者の(本格的な)受け入れの是非を議論すべきだ」という。【河津啓介、石川淳一】

【ことば】外国人研修・技能実習制度

開発途上国の人材育成を目的とし、在留できる期間は最長3年。07年末の研修・技能実習生は約17万人。政府は単純労働力として外国人を受け入れる姿勢は示しておらず、あくまで技能習得のための受け入れという前提に立っている。
ENDS

Sakanaka Hidenori’s latest paper on assimilation of NJ now translated into English, full text

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
UPDATES ON TWITTER: arudoudebito

Hi Blog. Sakanaka Hidenori, head of the Japan Immigration Policy Institute and author of Nyuukan Senki (his experiences within Japan’s Immigration Bureau), has just had his most recent paper translated into English. Debito.org is proud to feature this paper downloadable in full here, with an excerpt immediately below.

Sakanaka-san has written for Debito.org before, and his 2007 work, “A New Framework for Japan’s Immigration Policies” can be found here. He has taken great efforts to encourage immigration policy within Japan (his prognosis on “Big Japan vs. Small Japan” is worth considering).

Now for his latest, translated by Kalu Obuka. Excerpt, then full download. Arudou Debito in Sapporo

Towards a Japanese-style Immigration Nation
Japan Immigration Policy Institute
Executive Director SAKANAKA Hidenori
Translated by Kalu Obuka

Contents
1 Policies towards non-Japanese in a shrinking society 9
2 Robots to the rescue? 11
3 Immigrants will save Japan 13
4 Getting revolutionary immigration policies on the political agenda 16
5 Envisioning a Japanese-style immigration policy 20
6 10 million immigrants: A strategy for building a new Japan 24
7 Immigration policies that develop human resources 30
8 Successful policies towards foreign students,
successful policies towards immigration 34
9 Corporate social responsibility 36
10 Revitalising Japanese farmland with 50,000 immigrants 39
11 Multiethnic societies are “spicy” societies 43
12 The demographic crisis: an opportunity to create a multiethnic nation 45
13 The development of social workers for immigrants is essential 49
14 Japanese language education and multiethnic education 51
15 The Japanese can create a multiethnic society 56
16 50 years later: An illustration of an immigrant nation 58

Full 64-page Word file from
https://www.debito.org/sakanakaimmigrationnation2009.doc

Foreword
As the population crisis deepens Japanese youth, perhaps due to increasing uncertainty about the future, are in a state of malaise. I hear that the number of Japanese who choose to study overseas has fallen. Indeed it certainly seems as though the number of young people with an interest in the world has dropped, while the number of those who choose to shut themselves up within Japan’s borders has risen. I wonder if in the age of population decline Japan is becoming an insular country.

What can be done to tackle the population crisis and offer hope for a bright future? I believe the answer to that question is to open the doors to immigrants, and entrust our younger generations with the dream of a multiethnic society. This ideal society will stir up the passions of young Japanese. Over several years, my desire to provide a national vision that could captivate young people from Japan, and across the world has culminated in this work. What is presented here is a concept for accepting ten million immigrants over the next fifty years, tackling the problems of our low fertility rate, and rapidly aging population by building a new nation with immigrants.

Should this concept be made a reality, we can expect the cooperation of an additional ten million young people, which ought to significantly ease the burden the aging of our population will place on those under thirty. Immigrants will be thought of as comrades by the birth decline generation, who would be forced to drastically adapt to our population crisis. Immigrants will not simply be brought in to rescue us from population crisis however, they are also the driving force that will change us from a country will high levels of homogeneity to a country rich with diversity.

What I most want to emphasise is that we must create a country that can give dreams to immigrants if we are to revive Japan by opening the doors to immigration. My vision has received support from elites in every field who are concerned about the fate of the nation and society. The Japan Immigration Policy Institute was formed as a base from which the work needed to achieve this vision could be carried out.

We are building a new Japan. Working towards a revolution similar to the Meiji Restoration. In order to be successful, this kind of project requires those in their twenties and thirties to rise to action, like Takasugi Shinsaku and Sakamoto Ryoma did during the Bakumatsu period (1853-1868). I am waiting for a Japanese generation X to open up a path to the future.

This book is an immigrant nation manifesto. It will discuss the process of forming Japanese-style immigration policy, and its future prospects, the synthesis of an immigrant nation, the specific mechanisms through which immigrants will be accepted, and a vision of the Japanese immigration nation of the future.

The people I most want to read this book are the immigrants who will work hand in hand with the younger generation to establish a multiethnic society. Should this booklet succeed in acting as a guiding light to a Japanese nation of immigrants, I would be overjoyed.

August 2009.

Sakanaka Hidenori
Executive Director Japan Immigration Policy Institute.

EXCERPT ENDS

Full 64-page Word file from
https://www.debito.org/sakanakaimmigrationnation2009.doc

JK: recent moves by Japan’s Immigration Bureau that seem like loosening but not really

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
UPDATES ON TWITTER: arudoudebito

Hi Blog.  Readers JK and MS submit two informative articles that suggest things might be getting better for NJ vis-a-vis the nasty “gentenshugi” (minus-point-ism, meaning a standpoint of searching for any technicality no matter how minor to disqualify) one sees in Japan’s Nyuukan Immigration Bureau.  But not really, as JK points out (commentary is his) when one reads the fine print.

My beef with how silly Immigration’s rules can get here in a Japan Times article (May 28, 2008) on Permanent Residency.  Arudou Debito in Sapporo

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

Hi Debito: Some interesting stories here (full articles pasted below):

Immigration Bureau grants reprieve to Chinese woman, children over visa trouble
http://mdn.mainichi.jp/mdnnews/news/20091010p2a00m0na002000c.html

ビザ:母子3人に「定住者」発給--大阪入管
http://mainichi.jp/select/wadai/archive/news/2009/10/10/20091010ddm012040105000c.html

But here’s the part I don’t get:

“Two years ago the husband obtained an investment and management visa, and started a food-related business. However, the business did not perform well and his visa was not renewed this year. As a result, the mother and two children were also unable to renew their visas.”

Perhaps this is ignorance talking, but is the the investment and management visa (投資・経営 ビザ) only as good as prevailing economic conditions?! It’s not like the guy was racing for pink slips (i.e. lose the race, lose your ride). Sheesh!

Here’s the other story:

Minister grants Chinese daughters of Japanese war orphan permission to stay in Japan
http://mdn.mainichi.jp/mdnnews/news/20091010p2a00m0na007000c.html

在留特別許可:奈良市在住の中国人姉妹に 敗訴確定後
http://mainichi.jp/photo/archive/news/2009/10/10/20091010k0000m040154000c.html

But this is a hollow victory at best because the 在留特別許可 that was fought so hard for is only good for a year *and* with strings attached:

“Kana, 21, a first-year student at Tezukayama University, and Yoko, 19, also in her first year at Osaka University of Economics and Law, were given long-term resident visas good for one year. The visa conditions allow the sisters to work in Japan, take trips outside the country, and may be renewed if the sisters can provide for their own livelihoods.”

This whole situation is just plain wrong on so many levels — the sisters landed in Japan when they were 9 and 7 and are now attending college. The two are de facto Japanese citizens, and yet it took 6 years of churn and an act of God (well, almost!) just so that they can stay in Japan for another year on a short leash. If the archipelago was about to burst at the seams with humanity, I could understand the need for all the wrangling, but as we all know this simply isn’t the case, and in fact the opposite is true, which is why the government needs to stop picking nits already! Sheesh! -JK

ARTICLES IN FULL:

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

Immigration Bureau grants reprieve to Chinese woman, children over visa trouble
http://mdn.mainichi.jp/mdnnews/news/20091010p2a00m0na002000c.html

OSAKA — A Chinese woman and her two children who faced deportation in October after her husband was unable to renew his status of residence have been issued long-term residency visas, allowing them to remain in Japan.

The Osaka Regional Immigration Bureau allowed the three to change their status of residence and granted them long-term residency visas, valid for one year. The 44-year-old woman, known by the Japanese reading of her name, To Ki, has been living in Japan for over 10 years, and people close to the family have praised the immigration bureau’s move.

To, who lives in Ikoma, Nara Prefecture, expressed her delight at the decision. “I’m really happy. I want to thank the teachers and everyone who worried about our children,” she said.

The woman’s husband came to study in Japan in about 1993, and later became a researcher at a private Japanese university. In 1997, his wife came on a family visa. The following year their son came over, and the couple’s daughter was born in Japan in 2001. Two years ago the husband obtained an investment and management visa, and started a food-related business. However, the business did not perform well and his visa was not renewed this year. As a result, the mother and two children were also unable to renew their visas.

When the husband returned to China, the couple’s son was in his second year at a private high school in Osaka, and their daughter was a third-year student at a municipal elementary school in Ikoma. Since the daughter is unable to read and write Chinese and it would be difficult for her to live in China, To applied to change her status of residence. The Ikoma Municipal Board of Education supported her, saying the girl should be able to study at the school where she was currently enrolled.

Mainichi Japan October 10, 2009

ビザ:母子3人に「定住者」発給--大阪入管

http://mainichi.jp/select/wadai/archive/news/2009/10/10/20091010ddm012040105000c.html中国人の夫の在留資格が更新できず、10月までの国外退去を求められていた奈良県生駒市の中国人女性、ト輝(とき)さん(44)と長男(17)、長女(8)に対し、大阪入国管理局が7日、在留資格の変更を認め、1年間の「定住者」ビザを発給したことが分かった。母子は10年以上日本で暮らしており、関係者は入管の対応を評価している。

トさんの夫は93年ごろに日本に留学し、その後日本の私立大の研究者になった。トさんは97年に「家族滞在」ビザで来日。翌年に長男を呼び寄せ、01年に長女が生まれた。夫は約2年前に「投資・経営」ビザを取得して食品関連会社を起業。しかし経営状態が悪化し、今年の更新が許可されなかった。これに伴い、母子のビザも更新できなくなった。

夫は帰国したが、長男は大阪市の私立高2年で、長女は生駒市立小3年。長女は中国語の読み書きができず、中国での生活は難しいため、トさんは在留資格の変更を申請。生駒市教委も「在籍校での就学が望ましい。寛大なご許可をお願いしたい」と訴えていた。

トさんは「本当にうれしい。心配してくれた子供の先生方や皆にお礼を言いたい」と話した。【泉谷由梨子】

毎日新聞 2009年10月10日 東京朝刊

Minister grants Chinese daughters of Japanese war orphan permission to stay in Japan
http://mdn.mainichi.jp/mdnnews/news/20091010p2a00m0na007000c.html

NARA — Justice Minister Keiko Chiba granted a pair of Chinese sisters who were facing a deportation order special resident status Friday.

Kana and Yoko Kitaura, descendants of Japanese children abandoned in China after World War II, had their residency status revoked after arriving in Japan with their parents, and lost a Supreme Court appeal to quash the deportation order. According to the pair’s support organization, the grant of special residency after a deportation order has been confirmed is very rare, with the case of 14-year-old Noriko Calderon — the daughter of Filipino parents deported early this year — possibly the only precedent.

“This is just one piece of paper,” said Kana, holding her new status of residence certificate, “But I can feel the weight of all six years (since being ordered out of Japan) in it.”

“I want to tell our family right away,” said Yoko.

Kana, 21, a first-year student at Tezukayama University, and Yoko, 19, also in her first year at Osaka University of Economics and Law, were given long-term resident visas good for one year. The visa conditions allow the sisters to work in Japan, take trips outside the country, and may be renewed if the sisters can provide for their own livelihoods.

Kana and Yoko, whose Chinese surname is Jiaochun, arrived in Japan in 1997 from Heilongjiang Province in China with their mother, who was certified as the fourth daughter of an orphaned Japanese from Nagasaki. The Osaka Regional Immigration Bureau, however, determined that there was no blood connection proving the three were related to the war orphan, and revoked landing permission for the entire family. The family was given deportation orders in September 2003.

Kana and Yoko’s father was forcibly relocated, and the family filed a suit with the Osaka District Court in December 2003 calling for the deportation order to be quashed. However, the family lost their first and second hearings, and had their final appeal dismissed by the Supreme Court. The sisters’ parents and their Japan-born third daughter were deported to China, while Kana and Yoko continued to attend a high school in Osaka Prefecture.

(Mainichi Japan) October 10, 2009

在留特別許可:奈良市在住の中国人姉妹に 敗訴確定後
http://mainichi.jp/photo/archive/news/2009/10/10/20091010k0000m040154000c.html

残留孤児の子孫として両親と来日後に在留資格を取り消され、国外退去を命じられていた奈良市在住の中国人姉妹に、千葉景子法相は9日、在留特別許可を出した。最高裁で退去命令の取り消し請求訴訟の敗訴が確定しており、支援団体によると、敗訴確定後に在留を認められたのは埼玉県蕨市のフィリピン人、カルデロンのり子さん(14)ぐらいで、極めて異例。

姉妹は、帝塚山大1年、北浦加奈(本名・焦春柳)さん(21)と、大阪経済法科大1年、陽子(同・焦春陽)さん(19)。退去命令は取り消され、定住者資格で1年間の在留が認められた。在留は独立して生計を営むなどの条件を満たせば更新できる。大阪入国管理局や支援団体によると、日本での就労が可能になり、再出入国許可を得れば中国などへの出国も認められる。

姉妹は97年、母親(47)が「長崎県出身の中国残留孤児(故人)の四女」として、家族で中国・黒竜江省から正規に入国。その後、大阪入国管理局が「残留孤児とは血縁がないことが判明した」として一家の上陸許可を取り消し、03年9月に国外退去を命じられた。

父親(43)が強制収容され、一家は同年12月、退去処分取り消しを求めて大阪地裁に提訴したが、1、2審で敗訴し、最高裁も上告を棄却。父親は大阪府内の高校に通う姉妹を残し、妻と来日後に生まれた三女の3人で中国に強制送還された。

加奈さんは「紙一枚だが、(退去命令を受けてから)6年間の重みを感じる」。陽子さんは「家族に早く伝えたい」と話した。【田中龍士、茶谷亮】

毎日新聞 2009年10月10日 1時39分(最終更新 10月10日 9時05分)

ENDS

SOUR STRAWBERRIES Cinema Debut Oct 10th-30th every day, Cine Nouveau Osaka Kujo

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
UPDATES ON TWITTER: arudoudebito

Passing on this info.  (日本語のアナウンスメントは英語の下です。)Arudou Debito in Sapporo

Dear Ladies and Gentlemen,

We are happy to announce that the critically acclaimed documentary “SOUR STRAWBERRIES – Japan’s hidden »guest workers«” will have its premier in a cinema in Japan at Osaka’s Ciné Nouveau in Kujo.

The first screening will be on Saturday, 10th October 2009 at 10:30 am. Director Tilman König will be present and happy to answer questions from 11:30 onwards.

The discussion will be held in Japanese. Questions in English and German will be answered as well.

“SOUR STRAWBERRIES – Japan’s hidden »Guest Workers«”, a movie by Tilman König and Daniel Kremers, G/J 2008, 56 min, color, 16:9. Original in German, Japanese, Chinese, English with English and Japanese Subtitles.

Everyday from October 10th to October 30th 2009

The film was supported by Stiftung “Menschenwürde und Arbeitswelt”, Berlin and CinemAbstruso, Leipzig.

Trailer: http://www.vimeo.com/2276295

http://www.cinemabstruso.de/strawberries/main.html

http://www.cinenouveau.com/

“‘Sour Strawberries’ spotlights the plight of non-Japanese ‘trainees'” — Japan Times Online

“A must see!” – Kansai Scene

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

『サワー・ストロベリーズ〜知られざる日本の外国人労働者〜』映画館上映のお知らせ

2009年10月10日(土)より、大阪九条のシネ・ヌーヴォXにて
『サワー・ストロベリーズ〜知られざる日本の外国人労働者〜』が
公開されることになりました。

初日の10月10日(土)は、監督のティルマン・ケーニヒによる舞台挨拶と
初回上映後にトークイベントを予定しております。
詳細は、映画館HPをご覧下さい。
http://www.cinenouveau.com/

『サワー・ストロベリーズ〜知られざる日本の外国人労働者〜』
2009年/ドイツ・日本/ドイツ語・日本語・英語・中国語(日本語/英語字幕)/58分
http://www.cinemabstruso.de/strawberries/main.html

上映期間:2009年10月10日(土)〜2009年10月30日(金)
時期によって上映時間が異なります。HPをご覧下さい。
皆さまのお越しを、お待ちいたしております。

ENDS

General Union: City govt seizes assets of NJ worker whose employer refused to pay for Shakai Hoken (Terrie’s Take and Japan Times articles too)

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatar
UPDATES ON TWITTER: arudoudebito

Hi Blog. Here we have a case of how NJ can be hurt by careless Immigration decisions. The upcoming requirement for all NJ to be enrolled in health insurance (shakai hoken), or else no visa granted, has been created without necessarily requiring negligent employers to pony up themselves. As usual it’s punishing the powerless. As I wrote on Debito.org last August:

Here’s a good article in the Japan Times describing issues of health insurance and pensions, and how recent revisions clarifying that every resident in Japan (including NJ) must be enrolled may expose the graft that employers have been indulging in (”opting out” of paying mandatory social security fees, encouraging NJ not to pay them, or just preying on their ignorance by not telling them at all) to save money. The problem is, instead of granting an amnesty for those employees who unwittingly did not pay into the system, they’re requiring back payments (for however many years) to enroll or else they get no visa renewal! Once again, it’s the NJ employee who gets punished for the vices of the employer.

Now, according to the FGU, we have a case where the GOJ is seizing a NJ’s assets (not the negligent employer’s) for non-back-payments that the employer should have handled. Read on.  A Japan Times article also substantiates this practice of employers fudging working hours to escape paying into NJ health insurance (click here).

A recent Terrie’s Take is also included below for more background information.

And yet another Japan Times Zeit Gist column came out on this only yesterday — describing how half-baked the policy process and probable implementation has been! (click here)

Arudou Debito in Sapporo

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

City seizes bank account to pay health insurance premiums
General Union.org, Undated, Downloaded early September 2009

http://www.generalunion.org/News/576

An ALT, after having received a letter from city hall demanding two years of back payments forKokumin Kenko Hoken (National Health Insurance), contacted the Fukuoka General Union (FGU).

What was troubling about this case was that until now, the teacher had never had any problems with insurance. His ex-employer, following the law, had enrolled him in Shakai Hoken (Employees Health and Pension Insurance).

The problem started with his new employer, who would not enroll him onto Shakai Hoken. Even though the teacher was required to be at work from 8:30 to 5:00 every day, the company told him that he did not work thirty hours per week and therefore was ineligible for Shakai Hoken. Now the story gets worse.

Not only was the city demanding back payments, but it seized 50,000yen from the teacher’s bank account. Why? Very simple. In Japan, all residents are required to be enrolled in health insurance. Since the employer failed to enroll in Shakai Hoken, the city’s position was that the teacher should be in the city run Kokumin Kenko Hoken system and therefore deducted the money that was owed to them.

The union’s position on payment was different because the union believes that the employer has a duty to enrol in Shakai Hoken. The union officer from FGU told the teacher to make sure that he cleared his bank account immediately after being paid each month. This should have prevented the seizure of more money from the account. But the story’s not over yet.

Finally, the teacher was called into his company’s head office and told that the city would be seizing 130,000yen from his pay. Sorry, the company couldn’t do anything to prevent it; the city has a right to the money. The employer couldn’t see that this could have been prevented if they had honoured the teacher’s right to Shakai Hokenenrolment.

The teacher now still has to pay all his back payments, and for the first time that the union has ever seen, the teacher will not be allowed Kokumin Kenko Hoken coverage until all his back payments are made.

A sign of things to come? Maybe. We wouldn’t recommend that you stick around to see if it’ll happen to you. Talk to your coworkers, join a union, and make sure that you get covered by Shakai Hoken.

ENDS

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

More on the issue from Terrie Lloyd:

* * * * * * * * * T E R R I E ‘S T A K E * * * * * * *
A weekly roundup of news & information from Terrie Lloyd.
(
http://www.terrie.com)

General Edition Sunday, September 20, 2009 Issue No. 534

+++ WHAT’S NEW

A revision to the immigration law passed in the Diet earlier this year has caused the Ministry of Justice to instruct the Immigration Bureau to start checking that foreigner residents in Japan are enrolled in one of the nation’s health insurance programs. Although not stated explicitly, the implication is that those without such enrollment may be denied a visa renewal. This will start happening from April 1st, 2010 and has a lot of foreigners concerned.

The reason for this concern is that although all residents of Japan, including foreigners, are supposed to be enrolled in one of the health insurance programs, and indeed, in one of the overall social insurance programs, the reality is that many people are not. Most such people are typically either self-employed, contractors, students, part-timers, unemployed people between jobs, or housewives (i.e., all outside the regular employee situation).

We have been following the various media and chat boards about the topic, and the conversations seem to follow three main threads: that the Japanese insurance program is unwanted and unfair to foreigners, that it is discriminatory vis-a-vis Japanese non-payers, and that come April 1st, what can people do about it?

We try to answer some of these questions below.

Most of us know the health insurance program through a collective social insurance package that most private companies are enrolled in, called Shakai Hoken. This refers to health (kenko hoken), pension (kosei nenkin), unemployment (koyo hoken), and nursing (kaigo hoken — for those over 40) insurances. Effectively for most of us, these insurances function as a 16% tax, and result in us getting that much less in our take-home pay packets every month. Our employers also pay out the same 16% to the government as their contribution.

Thus, for those of us on lower-to-medium salaries (say, JPY300,000 a month), while you may think you’re only paying out 20% or so for your payroll taxes (being 10%-12% average for national tax and 10% or so for your local inhabitance tax), in actual fact the real number is more like 38%. If you’re in the higher tax brackets, then this number goes much higher — into the 45%+ range.

As many readers will know, there are four main social insurance programs of which health insurance is part: the Shakai Hoken program which most private companies are subscribed to, the Kokumin Hoken program, which is for people not in regular employment or who are self-employed, private insurance programs which are run by a few major Japanese conglomerates, and a government employee program. For most of us, getting a visa renewal will mean being enrolled in either the Shakai Hoken or Kokumin Hoken programs.

Come April 1st next year, what can you do if you are not currently a contributor to social insurance? We contacted the Immigration Bureau to ask this question, and from what we can tell, they themselves have not yet settled on a policy of how to handle non-compliant people. They did say that they will only be checking for health insurance certificates, not pension and other insurances. So we suppose that the simplest answer is to go get yourself enrolled now in the Kokumin Kenko Hoken program. However, since there are a number of exemption categories for kenko hoken (working in a company of less than 5 people, for example), we suppose it might be possible to present yourself as being an exempt person, with, we think, some chance of being able to convince the interviewing officer that your visa should be renewed.

But is it really worth all the risk and hassle?

So how is it that people have been allowed to get away with not paying in health and other social welfare taxes until now? There doesn’t seem to be an official reason, however, we believe it is because the government for the longest time held that the social insurance package was NOT a tax but rather a benefit, which is why it has not been administrated by the National Tax Agency. This duality of positioning caused the Social Insurance Agency (SIA) to be run differently, and unlike the Tax Agency, has for many decades decided for itself whether to make people pay or not. As we all know, this has changed over the last 5 years, as it came to light that the SIA not only let people off having to pay, but also themselves lost 50MM or so contributor records.

It seems that the new government position is that the SIA once it has been reorganized into a new agency next year, will function more like the National Tax Agency. Indeed, we think that within 5-10 years, the two will be merged, and then the Japanese public will be faced with the reality that Social Insurance really is a tax, not just a pretend one.

So you’re stuck with having to pay at least something. The good news is that if you’re self-employed, a contractor, or a student, you can pay directly to the government, and the rates are not all that unreasonable — certainly the overall cost of social insurance is significantly cheaper than if you’re a regular salaryperson. As a general guide:

* Kokumin Nenkin (National Pension) — JPY14,660/month currently

* Kokumin Kenko Hoken (National Health Insurance) — roughly about 9%. Actual premium is based on your previous year’s taxable income and number of dependents. Annual premiums range up to JPY530,000/year (JPY44,166/month)

* Kaigo Hoken — only paid by those over 40. Levied as portion of previous year’s taxable income, up to JPY90,000/year

Lastly, is the threat of withholding a foreigner’s visa renewal if they don’t pay their social insurance fair? Our guess is that this point may eventually be taken to court by someone caught by the new rule. It is clear that Social Insurance is NOT a tax yet, and in June this year the Nikkei ran an article saying that the Social Insurance Agency had a contributor compliance rate for Japanese citizens for National Pension of just 62.1% (no word on the health rate) — so obviously there are plenty of Japanese not paying in to the system. Yet, we don’t hear of anyone being punished for that. In fact, just the opposite, the Agency allows people who are on low wages to only pay a portion of their obligations, and so the real non-full compliance rate for social insurance is just 45.6%!

Bad luck if you’re a foreigner… you don’t get to choose.

**************
SUBSCRIBE to, UNSUBSCRIBE from Terrie’s Take at:
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BACK ISSUES
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ENDS

Mainichi: Shizuoka bureaucrats force Brazilian woman to take “Repatriation Bribe”

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatartwitter: arudoudebito
Hi Blog. Case number #4534 of why one does not allow untrained bureaucrats to make Immigration decisions: The potential for misunderstanding and abuse.

Last April, the GOJ decided to offer unemployed Nikkei workers (only — this did not apply to Chinese etc. “Trainees and Researchers” because they did not have the correct blood) a 300,000 yen Repatriation Bribe for airplane tickets “back home”, not only asking them to void their visas and give up their paid-in pensions, but also to go elsewhere and just be somebody else’s problem.

Now, according to the Mainichi of Sept 14, 2009, a local government tried to make any possible welfare benefits to a NJ contingent upon promising to take the Bribe and go home — a Catch-22 if ever there was one.

Not too surprising. This is the same prefecture which around up to ten years ago restricted or denied NJ the right to sign up for the National Health Insurance (kokumin kenkou hoken) because they weren’t “kokumin” (citizens) .

Fortunately, this case came out in the press. How many others have been duped here and elsewhere and forced to go home without it being reported?

Shame on the GOJ for creating this policy avenue for abuse in the first place. Arudou Debito back in Sapporo

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

National News
Local gov’t makes foreign welfare applicant sign up for cash to return to Brazil

(Mainichi Japan) September 14, 2009, Courtesy of David P

http://mdn.mainichi.jp/mdnnews/national/news/20090914p2a00m0na010000c.html?inb=rs

FUKUROI, Shizuoka — The Fukuroi Municipal Government has promised to apologize to a Brazilian woman of Japanese descent after forcing her to sign a pledge to use government assistance to return to her country when she applied for a welfare payment.

The assistance program provides government funds enabling jobless people of Japanese descent and their families to return to their countries when they decide to give up working in Japan.

When questioned by the Mainichi, a municipal government representative admitted the city’s error, saying, “The payment of welfare benefits and the support to return to one’s country are separate things. Our behavior disregarded the person’s wish to live in Japan.” The city has promised to annul the pledge and apologize to the woman.

The woman, a third-generation Japanese-Brazilian in her 20s, lives with her 5-year-old son. She came to Japan about 10 years ago. In mid-July, she was dismissed by the cell-phone parts manufacturer she had worked for, and she applied for livelihood protection payments on Aug. 31.

The woman and city officials said that when she applied, a worker told her, “Unless you promise to undergo procedures to apply for financial support to return to your country, we will not accept the application for livelihood protection.”

When the woman said that she wanted to continue to work in Japan, the worker reportedly told her, “You have no driver’s license and you can’t speak Japanese, so you can be 100 percent sure you won’t find work. It would be better for you to take the 300,000 yen (payment to return to Brazil), and go home.”

Along with the application for welfare payments, the woman was handed a blank A4-sized sheet of paper. On it she wrote a message in Portuguese saying that she would apply for assistance to return home. She reportedly signed it and marked it with a fingerprint.

Commenting on the incident, a city official initially said that the city had received a notice from the government saying that when livelihood protection benefits were provided, if there were other payments that could be made, such as pension payments or allowances, then those payments should take precedence. Accordingly, the city judged that assistance to return home fell into that category, the official said.

Later, however, a city representative said, “Livelihood protection is for people facing adversity while living in Japan, and making the support money to return home apply to the utilization of other laws and policies constituted a mistaken interpretation of the government notice.”

Commenting on the incident, the woman said, “In Brazil I have ageing parents and a sick younger sister. Even if I go back home I don’t have the freedom to work, and I can only work in Japan. To think that they went as far as to make me write a pledge …”

Original Japanese story:
http://mainichi.jp/select/seiji/archive/news/2009/09/14/20090914ddm041010047000c.html

生活保護:申請の日系人に帰国支援手続き強制 誤り認め謝罪へ‐‐静岡・袋井市

不景気で失業して生活保護費の支給を申請した静岡県袋井市の日系ブラジル人に対し、市が、国の帰国支援制度を利用するとの誓約書を書かせていたことが分かった。制度は、日系人失業者が国内での再就職を断念して帰国する場合、国が家族分も含め帰国支援金を支給しており、今回の市の対応は帰国を促す措置だ。毎日新聞の取材を受けた市は「生活保護の支給と帰国支援は別もの。日本で生活したいという本人の意思を踏みにじる行為」と誤りを認め、誓約書の撤回と本人への謝罪を約束した。【小玉沙織】

誓約書を書かされたのは、息子(5)と2人で暮らす日系ブラジル人3世の20代の女性。約10年前に来日し、7月中旬に携帯電話の組み立て工場を解雇され、8月31日に同市へ生活保護の支給を申請した。

女性や市によると、申請の際、女性は職員から「(日系人離職者に対する)帰国支援事業の手続きも行うと約束しなければ、生活保護の申請は受け付けられない」と言われた。女性は「まだ日本で仕事がしたい」と訴えたが、職員は「あなたは運転免許もないし、日本語も話せないので、100%仕事は見つからない。(帰国支援金の)30万円をもらって帰ったほうがいい」と主張した。女性は生活保護を申請するとともに、職員から渡されたA4判の白い紙に「帰国支援の手続きをする」などとポルトガル語で書いてサインしたうえ、右人さし指で指印を押したという。

取材に対し、市しあわせ推進課は当初、「生活保護の支給については、年金や諸手当など他の方法で受給できるものがあれば優先するという国からの通達(生活保護の「他法他施策の活用」)があり、帰国支援事業の利用はそれに該当する」と説明。その後、「生活保護は日本で困窮しながら暮らす人が対象で、帰国支援金を他法他施策の活用に当たるとするのは、通達の誤った解釈だった」と回答した。

女性は「ブラジルにいるのは、年老いた両親と病気の妹。帰っても働く余裕はなく、日本で働くしかないのに、誓約書まで書かされるとは」と話した。

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

■ことば
◇日系人離職者に対する帰国支援事業

南米諸国に国籍がある日系人失業者のうち、日本での再就職をあきらめ、母国へ帰国する本人に30万円、扶養家族に1人20万円を国が支給する。不況を受けた緊急支援で4月から受け付けを始めた。当初、国は支援金の目的外使用を防ぐため、支援金受給者は「当分の間」再入国を認めないとしていたが、日系人らから「もう来るなということか」との批判を受け、政府は5月に「3年をめどとする」ことを明らかにした。

ENDS

Reminder: Screenings of SOUR STRAWBERRIES Tokyo & Yokohama Sept 10-12

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatartwitter: arudoudebito

Here’s the schedule.  Director Daniel Kremers will be in attendance as a special guest:

===================================
UPCOMING SPEECHES 2009
Hosting screenings of SOUR STRAWBERRIES: A documentary directed by Tilman Koenig and Daniel Kremers of Leipzig, Germany, anywhere in Japan in late August-Early September 2009. Please contact Debito at debito@debito.org to arrange a screening.

========= WHAT THE MOVIE IS ABOUT =========

The documentary “Sour Strawberries – Japan’s hidden guest workers” was shot in March 2008 by a German-Japanese film crew in Tokyo. The movie shows migrants fighting for their rights as workers and citizens. The persons concerned are always at the centre of interest. While describing their situation, they are the protagonists of the movie. Contains interviews with NJ workers on their treatment, with input from people like migration expert Dr Gabriele Vogt, Dietmember Kouno Taro, Keidanren policymaker Inoue Hiroshi, labor rights leader Torii Ippei, Dietmember Tsurunen Marutei, and activist Arudou Debito, who gives us an animated tour of “Japanese Only” signs in Kabukicho.

More information and stills from the movie at
https://www.debito.org/SOURSTRAWBERRIESpromo.pdf
A three-minute promo of the movie at
http://www.vimeo.com/2276295

If you can’t make the screenings but would like to order the movie directly from the directors, go to
http://www.cinemabstruso.de/strawberries/main.html

PLEASE NOTE THAT ALL SCREENINGS WILL HAVE A VOLUNTARY CONTRIBUTION OF 500 YEN PER PERSON. (The directors went to great time and expense to create this documentary; let’s do what we can to compensate them.) Debito will also have copies of the DVD available for purchase for 1500 yen.

SCHEDULE OF SCREENINGS:

  1. TOKYO SHIBUYA: Thursday September 10, 2009, 7PM (doors open at 6:30), The Pink Cow restaurant, for Amnesty International AITEN (CONFIRMED) SPECIAL GUEST: DIRECTOR DANIEL KREMERS
  2. TOKYO AKIHABARA: Friday September 11, 2009, 7PM, Second Harvest Japan (CONFIRMED) SPECIAL GUEST: DIRECTOR DANIEL KREMERS
  3. YOKOHAMA: Saturday September 12, 2009, 3-6PM for group “Drinking Liberally” at The Hub bar in Hiyoshi, Yokohama (CONFIRMED): Directions: Hiyoshi is on the Tokyu Toyoko line about 25 minutes out of Shibuya. Besides from Shibuya, Hiyoshi can also be reached from/connected to from Ebisu (Hibiya line), Meguro (Meguro line – continuation of the Namboku and Mita subway lines terminates at Hiyoshi) and Oimachi (Oimachi line connecting at Oookurayama to the Meguro line). The Hub is a 2 minute walk from the Hiyoshi station. Map here. Facebook entry here. SPECIAL GUEST: DIRECTOR DANIEL KREMERS

May I add that I have seen the movie, and it is excellent. We have sold out of three press runs of the DVD, and will be selling more at the venue.

If you can’t make the screenings but would like to order the movie directly from the directors, go to
http://www.cinemabstruso.de/strawberries/main.html

If you’d like to see my previous speeches, handouts, and powerpoints (so you can get an idea what I talk about), please click here.

ENDS

Eikaiwa NOVA embezzler and former boss Saruhashi gets his: 3.5 years

mytest

Hi Blog.  Sorry to be so late in reporting this, but some good news a couple of weeks ago:  Eikaiwa NOVA embezzler and former boss Saruhashi gets his:  sentenced to 3.5 years in the clink.  No word if the employees are going to get their money back, however.

More background details on this case here (plug in the word “sahashi”) into search engine.  More on Debito.org here.

Arudou Debito in Nagoya

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

Nova boss handed 3 1/2 years
By ERIC JOHNSTON
Staff writer
The Japan Times Thursday, Aug. 27, 2009

OSAKA — Former Nova President Nozomu Sahashi was sentenced Wednesday to 3 1/2 years in prison by the Osaka District Court for his role in skimming off employee funds in 2007, just before the foreign language school giant’s bankruptcy that October.

Presiding Judge Hiroaki Higuchi’s severe sentence took some in the courtroom by surprise. Prosecutors had sought five years for the former president of what was once the country’s largest foreign language school chain and employer of foreign nationals. Sahashi is expected to appeal the sentence.

Sahashi was charged with funneling nearly ¥320 million from employee benefit funds to a bank account belonging to a Nova affiliate in July 2007. He denied embezzling the funds, telling the court he used the money on behalf of his employees.

He tried to portray himself as only one of a group of senior Nova executives responsible for the decision. But the judge said that given the amount of money and his authority, Sahashi bore a heavy responsibility for the crime.

Rest of the article at

http://search.japantimes.co.jp/cgi-bin/nn20090827a1.html

Japan Times: NJ visas now contingent on enrollment in Japan’s health insurance program starting April 2010

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog.  Here’s a good article describing issues of health insurance and pensions, and how recent revisions clarifying that every resident in Japan (including NJ) must be enrolled may expose the graft that employers have been indulging in (“opting out” of paying mandatory social security fees, encouraging NJ not to pay them, or just preying on their ignorance by not telling them at all) to save money.  The problem is, instead of granting an amnesty for those employees who unwittingly did not pay into the system, they’re requiring back payments (for however many years) to enroll or else they get no visa renewal!  Once again, it’s the NJ employee who gets punished for the vices of the employer.  Arudou Debito in Sapporo

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

THE ZEIT GIST
New law: no dues, no visa (excerpt)
Enrollment in Japan’s health insurance program tied to visa renewal from 2010
The Japan Times, Tuesday, July 28, 2009

By JENNY UECHI

http://search.japantimes.co.jp/cgi-bin/fl20090728zg.html

In your wallet or somewhere at home, do you have a blue or pink card showing that you are enrolled in one of Japan’s national health and pension programs? If not, and if you are thinking of extending your stay here, you may want to think about a recent revision to visa requirements for foreign residents. The changes, which the Justice Ministry says were made in order to “smooth out the administrative process,” may have major consequences for foreign residents and their future in Japan.

On a drab, rainy Sunday in June, a group of foreign workers gathered at the office of the National Union of General Workers Tokyo Nambu in Shimbashi to discuss an equally drab topic: social insurance. According to a new immigration law passed by the Diet earlier this month, foreign residents will be required to show proof of enrollment in Japan’s health insurance program in order to renew or apply for a visa after April 1, 2010…

The bottom line is that all residents of Japan … have to be enrolled in one or other of the two systems. The revised visa laws, therefore, should pose no threat to anyone’s visa renewal, because every foreigner in Japan should already be enrolled.  However, the reality is that most foreigners in Japan do not have either form of insurance…

Louis Carlet, deputy secretary of Nambu, laid it down for everyone in the room to understand. There are a few basic things that all foreigners in Japan have to know, he explained: first, that everyone over the age of 20 in Japan is required to enroll in an approved Japanese government health insurance scheme and pension fund. If you are under 75 and working at a company that employs more than five people, this most likely means the shakai hoken (social insurance) program; if you are unemployed, self-employed or retired, the equivalent system is thekokumin kenko hoken and kokumin nenkin (national health insurance and pension). The only people exempt are sailors, day laborers, and those working for companies employing less than five people, or for firms without a permanent address (e.g. a film set).

The two systems cover different ground, all of which is explained in detail at www.sia.go.jp/e/ehi.html….

Rest of the article at:
http://search.japantimes.co.jp/cgi-bin/fl20090728zg.html

Review of SOUR STRAWBERRIES in Kansai Scene July 2009

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Good morning Blog. Here’s a nice review of documentary SOUR STRAWBERRIES that reader SD advised me of a couple of days ago (I’m too far north to get this publication). From Kansai Scene magazine July 2009. Click on the graphic to expand in your browser.

If you’d like to see the movie for yourself, I’m hosting another tour Aug 30-Sept 13 between Okayama and Tokyo. Schedule here. If you’d like to order a copy for educational purposes etc., click here. Arudou Debito in Sapporo

kansaiscene0709

UN NEWS: UN expert calls on Japan to boost action in combating human trafficking

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

UN NEWS 17 JULY 2009

http://www.un.org/apps/news/story.asp?NewsID=31500&Cr=human+trafficking&Cr1=

UN expert calls on Japan to boost action in combating human trafficking

17 July 2009 — Although Japan recognizes the seriousness of the problem of human trafficking within its borders, the East Asian nation must take more concrete action to fight the scourge, an independent United Nations human rights expert said today.

“Human trafficking affects every country of the world, and Japan is clearly affected as a destination country for many of those victims,” said Joy Ngozi Ezeilo, the Special Rapporteur on Trafficking in Persons, wrapping up a six-day visit to the country.

The majority of trafficking is for prostitution and other forms of sexual exploitation in Japan, but she pointed out that trafficking for labour exploitation is also cause for great concern.

The country has adopted a National Plan of Action on trafficking. Further, Japan has granted victims special residence permits if they wish to stay in Japan and is also cooperating with sending countries, including Thailand, to support victims’ reintegration in their home countries.

But Japan must ratify relevant international treaties; adopt a clearer identification procedure to lessen cases of victims’ misidentification; and boost training and coordination of law enforcement officials, Ms. Ngozi Ezeilo said.

She also urged the country to take greater action at the regional level to combat trafficking and consider entering into bilateral agreements with source countries to address the problem on a long-term basis.

ENDS

Background information:

***************************************************************************************************************************************
United Nation Information Centre, Tokyo
UNIC

*************************************************************************************************************************************

(FOR USE OF INFORMATION MEDIA – NOT AN OFFICIAL RECORD)
Press Release 09-033-E
21 July 2009

Visit of the Special Rapporteur on trafficking in persons, especially women and children to Japan

12-18 July 2009

Related PR: http://unic.or.jp/unic/press_release/1211

Outline and Purpose of the visit:

The Special Rapporteur, Ms. Joy Ngozi Ezeilo, will undertake a visit to Japan from 12-18 July 2009 to examine the human rights aspects of the victims of trafficking in persons, especially women and children in Japan. She will meet with governmental representatives, non-governmental organizations, and other members of civil society in Tokyo and Nagoya. The objective of the visit is to engage with these various actors and seek information on a variety of issues to address trafficking in persons, including legislation, statistical information, perceived root causes, as well as regional and international cooperation to combat human trafficking. She will also emphasize protection and assistance to victims of trafficking, including steps being taken by the government of Japan and partners towards rehabilitation, reintegration and redress violations suffered by victims.

Scope of the mandate of the Special Rapporteur:

The scope of the Special Rapporteur’s mandate covers all forms and manifestations of trafficking, including:

(1) Trafficking in children – children who are trafficked for sexual purposes, adoption, child labour (e.g. domestic work, babysitters/nannies, begging, criminal activities like selling drugs, etc.), and participation in armed conflict – mercenaries/child soldiers, sex slaves. The initial belief that only girl children were being trafficked for sexual purposes no longer holds true as the incidence of young boys being trafficked and sexually exploited through unsuspecting areas like sports is fast gaining ground;

(2) Trafficking in men for forced labour and other exploitation – not much attention has been paid to this form of trafficking but the reality is that it is also becoming rampant. Men and boys in particular are trafficked for labour exploitation in construction work, in agriculture, and also in fishing and mining;

(3) Trafficking in women and girls for forced marriage, forced prostitution, sexual exploitation and forced labour (including domestic work, working in factories and mines and other forms of labour) – understandably, much attention has been paid to sex trafficking and available data on trafficking in persons are mainly on this aspect. The Special Rapporteur will explore further trafficking of women for labour exploitation, especially in domestic work and other sectors;

(4) Trafficking in human beings for organs, human body parts and tissue – obtaining facts and figures on this form of trafficking is quite challenging, but it is becoming a growing trend with a ready market, and needs to be studied closely with a view to framing appropriate interventions;

(5) There are other forms that have been sporadically recorded, such as trafficking in persons for ritual purposes as well as trafficking of prisoners.[1]

Trafficking in Human Beings – brief overview at the international level.

The Protocol to Prevent, Suppress and Punish Trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime, defines “trafficking in persons” as: “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;” Over 117 countries have signed the Protocol. Japan has signed but not ratified the Palermo Protocol (December 2002).

In carrying out her mandate, the Special Rapporteur also refers to the Recommended Principles and Guidelines on Human Rights and Human Trafficking developed by the Office of the High Commissioner for Human Rights (OHCHR) to provide practical, rights-based approach policy guidance on the prevention of trafficking and the protection of trafficked persons and with a view to facilitating the integration of a human rights perspective into national, regional, and international anti-trafficking laws, policies and interventions. At the global level, UN.GIFT (UN Global Initiative to Fight Trafficking) was launched in March 2007 by the UN Office on Drugs and Crime (UNODC) with a grant made on behalf of the United Arab Emirates. (Please see http://www.ungift.org/ungift/index.html) It is managed in cooperation with the International Labour Organization (ILO); the International Organization for Migration (IOM); the UN Children’s Fund (UNICEF); the Office of the High Commissioner for Human Rights (OHCHR); and the Organization for Security and Co-operation in Europe (OSCE). UN.GIFT is based on the principle that this global problem requires a global, multi-stakeholder strategy that builds on national efforts throughout the world. Stakeholders must coordinate efforts already underway, increase knowledge and awareness, provide technical assistance; promote effective rights-based responses; build capacity of state and non-state stakeholders; foster partnerships for joint action; and above all, ensure that ever ybody takes responsibility for this fight. UN.GIFT works with all stakeholders – governments, business, academia, civil society and the media – to support each other’s work, create new partnerships and develop effective tools to fight human trafficking.

On 13 May 2009, the United Nations General Assembly held an Interactive Thematic Dialogue on “Taking Collective Action to End Human Trafficking,” at which the Special Rapporteur participated. (Please see:
http://www.un.org/ga/president/63/interactive/humantrafficking.shtml)

Biography of the Special Rapporteur

Ms. Joy Ngozi Ezeilo, a Nigerian national, assumed her functions as Special Rapporteur on trafficking in persons, especially in women and children on 1 August 2008. Ms. Ezeilo is a human rights lawyer and professor at the University of Nigeria. She has also served in various governmental capacities, including as Honourable Commissioner for Ministry of Women Affairs & Social Development in Enugu State and as a Delegate to the National Political Reform Conference. She has consulted for various international organizations and is also involved in several NGOs, particularly working on women’s rights. She has published extensively on a variety of topics, including human rights, women’s rights, and Sharia law.

The Special Rapporteur’s annual report to the Human Rights Council (presented in March 2009) can be found at
http://www2.ohchr.org/english/issues/trafficking/docs/HRC-10-16.pdf.

For more information on the mandate of the Special Rapporteur on
trafficking in persons, especially women and children, please visit our
website: Special Rapporteur on trafficking in persons, especially in
women and children.
(Please see:
http://www2.ohchr.org/english/issues/trafficking/standards.htm)

The Special Rapporteur will present a report of the visit at a forthcoming session of the Human Rights Council at the beginning of 2010.

For more information, please contact Valentina Milano
Phone: +41 79 444 6129, e-mail: vmilano@ohchr.org

Office of the High Commissioner for Human Rights – Media Unit
Rupert Colville, Spokesperson: + 41 22 917 9767
Xabier Celaya, Information Officer: + 41 22 917 9383

For inquiries and media requests: press-info@ohchr.org

* *** *
—————————————————————————–
[1] A/HRC/10/16, para. 16.

United Nations Information Centre, Tokyo
UNU HQs bldg. 8th floor
5-53-70, Jingumae
Shibuya-ku Tokyo, 151-0001
Japan
tel: 8-3-5467-4451
fax: 8-3-5467-4455
e-mail: unicmail@untokyo.jp

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

(重複投稿すみません)7月12日(日)から17日(金)にかけて、人身売買に関する国連特別報告者が日本を公式訪問して、日本における状況を調査していましたが、昨日17日に東京都内で、日本での調査を振り返って記者会見を行いました。

下記は、NHKニュースのウェブサイトと、国連のウェブサイトの国連ニュースセンターでの報告です。

日本はたくさんの人身売買の被害者の目的地国になっており、性的搾取だけでなく、労働搾取(研修生・技能実習生制度)に関しても大きな懸念事項である、と述べています。

今回の調査では、日本政府関係者への聞き取りだけでなく、被害者当事者をはじめ、外国人研修生権利ネットワークやJNATIP(人身売買禁止ネットワーク)などのNGOセクターの支援者などが、情報提供を行ったり、意見交換を行っています。

おそらく、2010年初頭に開かれる会期の国連人権理事会で、正式な報告書が提出される見通しです。

http://www3.nhk.or.jp/news/k10014344811000.html#
7月17日 19時57分
海外から日本に来て強制的に働かされるなど、人身取引の日本での現状を調査した国連の担当者は、被害がいっそう深刻化しているとして懸念を示したうえで、日本政府に被害者の保護対策を強化するよう求めたことを明らかにしました。

人身取引をめぐる各国の状況を調査するため、国連から任命されたジョイ・ヌゴジ・エゼイロ氏は今月12日から日本を訪れ、政府当局者やNGOの関係者などと面会したりして調査を行ってきました。

エゼイロ氏は17日、都内で開いた記者会見の中で、日本では周辺のアジアの国々から多くの人たちが連れてこられ、性的な仕事を強要されたり、きわめて安い賃金で重労働を強いられたりするなど、深刻な人身取引が起きていると指摘し、「日本は人身取引の多くの被害者たちがたどり着く国だ」と述べ、日本の現状に懸念を示しました。

さらに最近は技能実習といった政府の奨励する制度に基づいて来た人たちが強制的に安い賃金で働かされる事例が増えており、被害は水面下でいっそう深刻化していると指摘しました。

またエゼイロ氏は日本政府に対し、多言語で対応する保護施設をつくったり、人身取引を防ぐ法律の整備を急いだりして被害者の保護対策を強化するよう求めたことを明らかにしました。今回エゼイロ氏が行った調査は、来年の国連の人権理事会に報告されることになっています。

ENDS

On the cannibalistic NJ labor market in Japan: short essay

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. Felt inspired this morning by the pretty unproductive (if not downright nasty) comments Roy received to his post yesterday regarding his allegations of unfair treatment at the hands of a Japanese subsidiary of a US legal firm.

ON THE CANNIBALISTIC NJ LABOR MARKET IN JAPAN

One tendency I’ve noticed in the NJ marketplace of ideas (the one inspired by the marketplace of labor everyone must experience; for without a job, you generally cannot even legally stay in Japan) is that people are not terribly helpful to one another. The responses to Roy’s post yesterday reconfirmed that.

He made the case that he received unfair, discriminatory treatment in the workplace as a NJ. However, respondents’ tone was often, “What did you expect?” They blamed it either on the state of the Japanese job market (where discrimination happens either to NJ in specific or across the board anyway), or blamed Roy himself — for being too trusting (as if it’s his fault for taking people at their word), or even for being too “combative” just because he was trying to pin people to their word.

Think about this dynamic, folks. This is counterproductive in a very serious way. In that, instead of trying to assist a person crying out for help, we’re assigning blame to him for being in that situation in the first place. Kinda like seeing somebody cross the street at a crosswalk, and getting hit by a car that promised to stop at crosswalks, then blaming him for being in the way of the car in the first place. He shouldn’t have left himself open for that. He shouldn’t have been a sucker to believe that a corporation would follow its own rules.

That’s the thing. Japan itself as a system doesn’t even have clear traffic rules. According to NHK about a month ago (I haven’t confirmed this for myself, so I haven’t written about this until now), Japan has not signed a single international labor treaty safeguarding the rights of workers. Laborers in this country are in a singular position in the developed-country labor market in that they have few rights (contracts defy what’s espoused in labor law and courts rule in the contractor’s favor regardless, labor arbitration councils make nonbinding rulings, even the right to equal salary despite gender is not backed up by punitive law). The only right they have is to unionize. And that requires cooperation amidst employees.

But instead of cooperation, we’re seeing (especially in the NJ labor market) the NJ refusing to help each other. They take the attitude of, “Well, it happened to me, I went through it. So should you.” or “It’s not your country anyway, so go home if you get a raw deal here.” or “It’s how the system works, it’s economics, politics, whatever.” Anything but preserving the dignity of the individual and saying, “That’s awful. I’ll spread the word that this place is to be avoided.”

Dignity is a hard concept to define (and most people find it too taxing to enforce, especially since they believe hard knocks is what toughened them up), but without it, humans revert to animalistic — even cannibalistic — tendencies very quickly. We eat our young. Yes, a hard knock or two will wizen people up from naivete. But too many hard knocks will just make them mean.

And this meanness permeates the NJ job market. “If something bad happened to you, it’s probably your fault. You were information poor and shouldn’t have been. You were culturally insensitive and brought it upon yourself. What did you expect? You shouldn’t have come to Japan in the first place.”

Why not try being more supportive and positive? I have tried to do my bit over the decades. The Blacklist of Japanese Universities. The Handbook for Newcomers, Migrants, and Immigrants. Debito.org. Lessons I’ve learned to make sure people avoid the pitfalls I fell into, and make a better life here. Anyone can do that. Anyone should. Promote the dignity of the individual rather than the cannibalistic collective. Because whatever you put into the pool of communal experiences, be they supportively informative or negatively discouraging, will eventually come back to affect you and your life here in Japan with interest.

I suggest people go down the first path. Arudou Debito in Sapporo

Discrimination at Ernst & Young ShinNihon LLC, report by Roy Choudhury

mytest

DISCLAIMER
The following has been written by Roy Choudhury (roychoudhury14@yahoo.com).
No statement here necessarily reflects the views or standpoints of Debito.org or of the webmaster, Arudou Debito. Mr Choudhury assumes full responsibility for all contents, and any possible errors and inaccuracies within the essay are his own. For questions, enquiries, and responses, I encourage readers and concerned parties to contact the author directly, as per the contact details below. DISCLAIMER ENDS

**********************

Updates (July 27, 2009):

I am willing to share all evidence I have with members of the press should they express interest in covering the story.

In addition, Mr. Louis Carlet of the Nambu Foreign Workers Caucus, a labor union, is willing to talk to the press on my behalf on key parts of my case that I have reported to him. The number for the NUFC is: 03-3434-0669.

July 25, 2009: Daniel Rea, editor of the Japan Times Herald, has investigated my story and covered it in a piece titled ‘More Troubles for Ernst and Young Japan’. He also found another ex-employee of EY-Japan with a disturbing story. You can read it at http://japantherald.blogspot.com/

Mr. Rea also says the following (taken from response no. 14 at the end):

“I received photocopies and a SD recording of Roy and EYJ conversations. Also the same from another empoloyee from India. Everything he alleged is 100% factual. Just wanted you to know Roy and another EYJ employee were treated extremely unfairly. EYJ violates their Code of International Conduct on a routine basis it seems.
-Dan”

*********************************
ESSAY BEGINS:

I’ve written up the following piece with the intention of drawing media interest to this matter. My goal is to hold the accounting firm Ernst & Young ShinNihon LLC to account for its actions.
Roy Choudhury (roychoudhury14@yahoo.com)

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

Ernst & Young’s Shame: Racism institutionalizes itself in the
Japanese wing of the accounting giant
By Roy Choudhury

Exclusive to Debito.org July 21, 2009, freely forwardable

Accounting can do wonders, but just where in the free world do you find an audit firm whose Global Code of Conduct shuns discrimination, but whose lead partner confirms that non-Japanese nationals are barred from getting permanent contracts? And whose department head admits to taking “language differences” into account – even for a job that needs no Japanese? Ernst & Young ShinNihon LLC (or EY-Japan), the country’s largest accounting firm, has got some explaining to do.

I worked for EY-Japan for two years (2006 – 2008) and have firsthand knowledge of how they treat people. As a US citizen, I can tell you I have never seen anything like it. They happen to be institutionally racist. And I can prove it.

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

The evidence

Three partners told me of a rule that barred foreigners from getting permanent contracts at EY-Japan (two now deny it, but I have the other recalling it on tape). This is despite the fact that the firm promised to uphold the Ernst & Young code of conduct which has zero tolerance for any form of discrimination. The Code reads:

“We embrace multicultural experience and diversity as strengths of our global organization. As such, we respect one another and strive for an inclusive environment free from discrimination, intimidation and harassment.”

Yet when I challenged them on being institutionally racist, the head of the International Department denied the rule’s existence (on tape too), but admitted to taking “language differences” into account when hiring me (this is in the firm’s letter to me dated February 17, 2009).

But this was for a position that required no Japanese whatsoever (I was an English proofreader). And if they take language differences into account for jobs that need no Japanese, then when do they not do so? Probably only when the person applying is Japanese, right? That’s very racist.

Their attitude may have even led them to defy the law. Article 106 of Japan’s Labor Standards Law requires companies to make their rules of employment known to all employees, irrespective of nationality or language. But EY-Japan doesn’t always do this, partly because of language problems.

The firm has been in existence since 2000. It says it can conduct quality audits of English financial statements, and issue English audit reports. It has no shortage of resources. You’d think they would have fixed any problems with language differences by now, if they wanted to. Sadly, it has become a self-fulfilling prophecy.

On retirement benefits, for example, partners were insisting in English that I wasn’t entitled to them (you can read it in their letter to me) – even though they had been deducting pension contributions from my paychecks. The explanation left me thinking that they were taking me for a ride.

What they should have said was that I would be entitled to a state pension (nenkin), but I would not be getting severance benefits from the company (taishokukin). But I only figured out what they truly meant in June 2009 – 3 years after my start date with the Firm – after investing in a Japanese lawyer who kindly went over the contents of their letter.

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

Foreign Employees

They may have no idea of what they’ve gotten themselves into. The Code tells them they can’t be discriminated against. So they toil away convinced their careers in the firm are performance-based – unaware of the truth.

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

The Damage to Clients

If the firm officially views language differences as a risk factor when hiring (because, according to their letter, it might end up resulting in misunderstanding), it presumably also views multicultural work environments as dangerous to audit?

I’m not 100% sure on this (because they refuse to take any more questions from me), but they could view a client with an accounting team consisting of Americans and Japanese as dangerous because of the mere possibility that they might be having misunderstandings, right? And they could see a client committed to a policy of promoting multiculturalism, who doesn’t proactively employ safeguards to protect itself from language differences, as illogical, yes?

But that means billing the client more to compensate for the increased audit risk – purely because the client embraced diversity. That’s unheard of in modern day accounting. But it could be very real to EY-Japan.

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

Groupwide anguish

This leaves the folk at 5 Times Square with egg on their faces. Their US counterpart doesn’t tolerate racism. They were one of the first firms to hire people on merit when the anti-racist movement was taking shape. Imagine the collective jaw drop on hearing that a fellow firm was employing a racy rule and language differences (the existence of which can often be determined by skin color in Japan) to target non-Japanese nationals, despite guaranteeing a discrimination-free work environment.

The crux is that partners with the wrong vision seized power in an accounting group committed to doing good. And rather than Ernst & Young standing for a higher ideal and taking the high road, and instead of them shaping the partners with their wisdom and goodness, these partners have succeeded in turning tables on the Group and are redefining Ernst & Young in their image.

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

Part 2: An insight into their mindset

This part is dedicated to unveiling the darker side of the firm’s character through examples of unethical and extraordinary behavior. Their actions might have passed as OK if it were a regular company. But accounting is a respected profession, and the people in it are assumed to be impartial and bound by the truth. Loyalty must be to the Code, not to themselves.

With a slogan like doing the right thing, you’d have thought they were ethical and rational. In this they disappoint. Judge for yourself:

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

A gagging attempt

They knew I was unhappy with how they treated me before I left EY-Japan (their letter indicates this). In July 2008, they tried to muzzle me and put me under fierce pressure to sign a confidentiality agreement that defined confidential information in part as “all the information made available to me from your firm” (I still have the document and can prove all of it).

In other words, I would never have been able to tell you what I’m telling you now if I had signed it.

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

Unilateral changing of employment terms – one week before joining

In my second job interview held in April 2006, a partner offered me a job and promised me a specific salary and “all of the benefits of a full-time worker”. I took him at his word and assumed “all of the benefits” to mean all of the benefits. And because one of the standard benefits of full-time employees in Japan is lifelong job security, I believed he was offering me a permanent contract.

But just one week before my start – and seven weeks after the interview – EY-Japan inexplicably sent me an employment contract for only two years (the dates are confirmed in their letter to me).

That put me in a bind. I had a permanent contract with the company I was working for, but I had told them weeks in advance that I had found another job. I had terminated my job hunt with other companies too. They were changing my employment terms unilaterally. That left me with few options. I ended up signing the contract and worked for EY-Japan until August 2008.

(Note: As I did not tape record the interview, I cannot prove that I was promised “all of the benefits of a full-time worker”. You either believe me on this one or you don’t. But the matter is critically important because their response to it (covered in the next section) is extraordinary).

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

A few fast ones

I officially challenged EY-Japan in December 2008 and wrote four letters to them. They eventually responded with a letter of their own on February 17, 2009. Some of the arguments they deploy in the letter are extraordinary because they are based on insistence, and on opinions.

For an accountant to twist the truth for personal gain means undermining everything the profession stands for. Arthur Anderson and Misuzu – if they were still around today – would testify to this. To call oneself an accountant while resorting to arguments not supported by the facts is oxymoronic. That’s the worst thing you could ever say to an accountant (it means you shouldn’t be in the profession).

So the question becomes: do you think EY-Japan is being oxymoronic? Are they misleading people with their arguments? Judge for yourself:

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

a) They conclude they never represented offering me a permanent contract at interview in April 2006.

They state that the partner who hired me has no recollection of promising me “all of the benefits of a full-time worker”, and it’s illogical for the partner to ever say such a thing. Therefore, they conclude that no such promise was ever made.

But that partner is on tape saying he doesn’t remember. And their conclusion is based on the inability of the partner to confirm or deny promising me “all of the benefits of a full-time worker”. This reasoning is overzealous.

Moreover, a lead partner is on tape blowing a hole in the firm’s defense. He reveals that EY-Japan can never prove that it didn’t offer me a permanent contract in the 2006 interview, raising questions about the firm’s conclusion. Is the Head of the International Department, who prepared the February 2009 letter, using power to arrive at conclusions his colleagues don’t consent to? Is he being oxymoronic?

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

b) They insist that it is inconsistent for me to state that I had no option but to sign the 2006 employment contract and join EY-Japan, since I did not express dissatisfaction with the employment terms when I signed the contract.

This is a very old line of argument, commonly employed by bullies. Want something that’s not yours? First, change the terms unilaterally. Next flex muscles to deter the opposition. Assume silence to mean satisfaction. And double tag the victim with anger and disbelief if he complains.

The problem is that the partners who handled my hiring are some of the hardest men around in accounting. They think there is nothing wrong with telling an employee that he is getting a two-year contract just one week before the start date – that’s more than six weeks after I had told my employer at the time, the one I had a permanent contract with, that I had found another job based on the results of the second interview. (The dates of the second interview and the letter of employment are clearly stated in their letter. I can prove this.)

In addition, EY-Japan admits it was proactively taking language differences into account (for a job that needed no Japanese), and they could also have rescinded the offer at any time if I had challenged them. They also defied the Code by having a rule about foreigners, and, therefore, made racism an integral part of the firm’s character. Isn’t this being oxymoronic?

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

c) They refuse to respond to any further questions from me

So we will never know if the partner, who is on tape recalling that he twice told me of the Firm’s rule of barring non-Japanese nationals from getting permanent contracts, was telling the truth?

And since this recollection was made right in front of the Head of the International Department who denies the rule’s existence (this is on tape too), we will also never know why the Head refuses to reconcile this discrepancy?

They are intentionally leaving the matter in limbo when EY-Japan stands accused of racism and deceit. But why?

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

A request to the reader

If the above convinces you that partners with the wrong agenda have seized the reigns of power in EY-Japan and are beginning to redefine the Group in their image, and if you think putting a stop to it would be a good idea, then pass the message along. Get others to talk about it. Let’s get the press involved if we can. Because someone must hold them to account.

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

Part 3: Timeline of key events

My second interview at EY-Japan (or EYJ):
April 10, 2006

Start date at EYJ:
June 1, 2006

Last date of employment at EYJ (I left voluntarily):
August 22, 2008:

Formally challenged EYJ:
December 10, 2008

EYJ responds to my challenge in a letter given to me in a meeting which I taped openly:
February 17, 2009

Between February and June 2009, I investigated EYJ further, consulted several parties, did some soul-searching

Around late June / early July 2009, I finally decided to take all matters public. My goal is to hold them to account for their actions, and get things changed.

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

ENDS

A spate of Debito.org-related news links, on PR, visas with kids, NJ unemp insurance, and Roppongi drink spiking

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatarUPDATES ON TWITTER: arudoudebito

Hi Blog. It’d probably take many days of blogging to get all these articles out individually, so let me just lump them together for your reference. Thanks to Anonymous and JK. Arudou Debito

============================
Guidelines revised to allow illegals with kids to stay longer
http://www.yomiuri.co.jp/dy/national/20090711TDY02308.htm
The Yomiuri Shimbun (Jul. 11, 2009)

The Justice Ministry announced on Friday revised guidelines under which non-Japanese staying in the nation illegally with school-age children could be granted special residence permission to stay longer.

While the revision of guidelines regarding permits for people staying in Japan illegally has not officially eased residency requirements, it looks to reduce the estimated 130,000 people staying in Japan illegally by giving them an incentive to voluntarily contact the authorities.

The justice minister is authorized to issue special permits to non-Japanese who challenge deportation orders. The guidelines released in 2006 state that the permits are to be issued for humanitarian considerations.

But the guidelines’ standards have been criticized for being ambiguous and for discouraging foreigners from contacting the authorities out of concern they will be deported.

The revised guidelines state that people caring for seriously sick relatives or who have children enrolled in primary to high schools in Japan may be eligible for the permits if they voluntarily contact immigration offices.

They also stipulate that the children should have lived in Japan for at least 10 years in principle.

But the revised guidelines also say that stays may be denied to those who have entered Japan on fake passports.

Tomoyuki Yamaguchi, a representative of the APFS (Asian People’s Friendship Society), a Tokyo-based nonprofit organization supporting foreigners staying in Japan, said: “Many foreign families [staying illegally in Japan] live in Japan in hiding as they’re afraid of being discovered by the authorities. If they realize they have a better chance of obtaining these permits by reporting themselves voluntarily, more of them are likely to cooperate.”
(Jul. 11, 2009)

================================
New special residency permit guidelines established
(Mainichi Japan) July 10, 2009
http://mdn.mainichi.jp/mdnnews/news/20090710p2a00m0na004000c.html

New guidelines for special residency permits issued by the Minister of Justice to foreigners who have received deportation orders for illegal overstays have been established, the Ministry of Justice announced Friday.

Listed as having grounds for positive consideration include: those who are raising biological children in elementary, junior, or senior high school and who have lived in Japan for 10 years or more; those who have lived in Japan for 20 years and are firmly rooted in Japan; and those who turn themselves into authorities for illegally overstaying and have no records of other law violations.

Meanwhile, those who have illegally issued or received passports, or entered the country on fraudulent passports or visas are unlikely to be eligible for special residency permits. Even those who have lived in Japan for 20 years or more, will be considered for deportation if they have been convicted of illegally issuing or receiving passports.

While special residence permission is left to the justice minister’s discretion, guidelines for granting permission were established by the Ministry of Justice for the first time in October 2006. The latest revision took place because of a supplementary provision written by both ruling and opposition party legislators into the amended Immigration Control and Refugee Recognition Law that passed during the current Diet session to “increase the transparency of special residence permissions.”

In 2008, 8,522 foreigners were granted special residency permits, meaning that a little over 70 percent of all petitions for permission have been granted. In March 2009, Justice Minister Eisuke Mori granted special residence permission to a 14-year-old Saitama girl who was born and raised in Japan and whose parents had been deported to the Philippines for illegally entering Japan, given that she lives with her relatives.

在留特別許可:小、中、高生の親に配慮 法務省が新指針
毎日新聞 2009年7月10日 東京夕刊
http://mainichi.jp/select/seiji/archive/news/2009/07/10/20090710dde001010081000c.html
 不法滞在などで退去強制処分となった外国人の在留を法相が特別に認める在留特別許可について法務省は10日、許可判断の参考とする新たなガイドラインを策定したと発表した。許可を積極的に考慮する事情として学校に通う子を持つ親や日本への定着性のほか、自ら入管に出頭した場合も盛り込み不法滞在者へ出頭を促した。

 許可する積極要素として、日本の小中高校に在学し、10年以上の相当期間日本に在住する実子と同居▽滞在が20年程度の長期間に及び定着性が認められる▽不法滞在を申告するため自ら入管に出頭--などと列記。許可する方向で検討する例として「日本で生まれ10年以上経過して小中学校に通う実子と同居し、自ら入管に出頭して他に法令違反がない」などを挙げた。

 一方、旅券の不正受交付や偽造旅券、在留資格偽装による入国は消極要素とした。20年以上在住しても、旅券の不正受交付の刑を受けた場合は退去の方向で検討するとした。

 在留特別許可は法相の裁量によると定められているが、法務省は06年10月、ガイドラインを初めて策定。今国会で成立した改正出入国管理法の付則に、与野党の修正で「在留特別許可の透明性向上」などが盛り込まれたため見直しが決まった。

 08年、在留特別許可を受けた外国人は8522人。申し立ての7割強が許可されている。法務省は見直しで不法滞在者の出頭が増えると見込んでいる。今年3月には森英介法相が不法入国で退去強制処分を受けた埼玉県のフィリピン人一家のうち、日本で生まれ育った中学生の長女を親類との同居を条件に許可した。【石川淳一】

在留特別許可

 出入国管理法は、不法滞在などで退去強制処分となった外国人に対しても、特別な事情があると法相が認めれば在留を特別に許可できると定めている。可否は法相の裁量に委ねられるが、日本人と結婚したケースが大半を占める。
================================

U.S. warns of drink-spiking in Tokyo
(Mainichi Japan) July 11, 2009
http://mdn.mainichi.jp/mdnnews/news/20090711p2g00m0dm007000c.html
TOKYO (AP) — The U.S. Embassy on Friday advised Americans to avoid drinking in a Tokyo nightlife district, warning that some customers have fallen unconscious and been robbed after their drinks were spiked.

It was the second such alert in four months about bars in the Roppongi district.

“The U.S. Embassy continues to receive reliable reports of U.S. citizens being drugged in Roppongi-area bars,” the embassy said in statement.

Tokyo is among the safest big cities in the world, but the embassy has reported a rise in incidents of American customers being rendered unconscious or extremely sleepy. Victims awake hours later to find credit cards missing or fraudulently charged for big amounts.

“These cases are very hard to investigate,” said Masahito Fujita, vice head of the Azabu police station overseeing Roppongi. “It’s difficult to know whether people were just drinking too much or if they were actually drugged.”

Canada, Australia and Britain have also warned their citizens to beware.

Canada says in a travel report on Japan that drinks should “never be left unattended.”

Roppongi became a nightspot for foreigners shortly after World War II when the U.S. military was posted nearby. It remains popular with tourists and Western expatriates drawn to its hundreds of bars, lounges and dance floors.

(Mainichi Japan) July 11, 2009
==============================

入管法改正案:「外国人監視強化だ」支援団体反発 便利だが罰則厳しく
毎日新聞 2009年6月27日 東京夕刊
http://mainichi.jp/select/wadai/news/20090627dde041010029000c.html
-recognition that immigration revision is possibly too strict
入管法改正案:「外国人監視強化だ」支援団体反発 便利だが罰則厳しく

 外国人登録制度に代わる「在留カード」による新たな在留管理制度を盛り込んだ入管法改正案が与野党3党による修正を経て衆院を通過、参院に送られた。改正案は不法滞在のあぶり出しを強める一方、外国人の利便性を向上させる「アメとムチ」の内容となっているが、支援団体などは「外国人監視を強める法律だ」と反発する。

 外国人登録者数は90年に初めて100万人を突破し、07年には215万人に増加した。現行の在留管理では適正な把握が困難で、行政サービスも提供しにくくなるとの考えから、改正が提案された。

 新制度は、90日以上日本に滞在する外国人に、入管が在留カードを発行。入管は市町村から居住地の情報提供を受け、留学先や雇用主からも報告を受ける。実態が情報と異なれば、不法と判別できる。従来は在留資格がなくても市町村の窓口で外国人登録証が発行されたが、改正後は不法滞在者に在留カードは発行されず、身分が証明できない。一方で利便性向上のため、在留期間の上限を3年から5年に延ばし、再入国許可も緩和する。

 新制度について、自由人権協会の旗手明理事は5月23日の東京都内の集会で情報の一元管理を「情報を分析し危険な外国人を浮かび上がらせるシステム。不法残留の外国人は生きていく最低限の行政サービスも受けられない」と述べた。

 また「移住労働者と連帯する全国ネットワーク」の鳥井一平事務局長は5月8日の衆院法務委員会に参考人として出席し「適正な滞在者にも非常に厳しい罰則規定がある。非正規滞在の人たちも、働いて税金も払っている」と強調した。

 こうした声を受け、修正案の付帯決議で、在留資格取り消しの弾力的運用などが盛り込まれた。また、在日韓国・朝鮮人などの特別永住者に交付する「特別永住者証明書」についても、与野党の修正で常時携帯義務は削除された。【石川淳一】

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

外国人参政権推進を評価 韓国大統領、公明代表と会談
Nikkei.net June 28, 2009
http://www.nikkei.co.jp/news/seiji/20090628AT3S2800B28062009.html
-promoting suffrage rights for PR
 韓国の李明博(イ・ミョンバク)大統領は28日午後、公明党の太田昭宏代表と都内で会談した。公明党がかねて推進してきた日本での永住外国人への地方参政権付与問題について、太田氏は「国民の理解も得ながら推進していきたい」と発言。大統領は「公明党には前向きに取り組んでもらっている」と高く評価した。
 両者は北朝鮮核問題の解決に向けた連携や日韓経済連携協定(EPA)の推進、気候変動問題での協力でも一致した。(00:15)

==========================
外国人労働者の労働保険 失業手当を受け取れない人も /滋賀
毎日新聞 2009年6月30日 地方版
http://mainichi.jp/area/shiga/report/news/20090630ddlk25040607000c.html
-some foreigners not getting unemployment pay

外国人労働者の労働保険 失業手当を受け取れない人も /滋賀

 ◇ほとんどが制度未加入 義務付け無視、企業の食い物に
 日系ブラジル人など南米の外国人労働者が集中する県東部で、外国人労働者から相談を受けた個人加盟の労働組合が、相談者らが所属していた外国人中心の県内の派遣会社27社の雇用条件を調べたところ、わずか1社しか労働者を労働保険(労災保険と雇用保険)に加入させていなかったことが分かった。労使双方で負担する労働保険は加入が法的に義務付けられているが、労組が各社に是正を申し入れたところ、いずれも「労働者が希望しなかった」などと弁明したという。徐々に景気回復の兆しも見え始めたが、いまだに失業手当すら受けとれない外国人もいる。【稲生陽】

 労組は非正規労働者のための「アルバイト・派遣・パート関西労働組合」(本部・大阪市)。不況が深刻化した昨年秋以降に県内の外国人労働者約130人から労働に関する相談を受け、相談者の雇用契約書を精査したり勤務先に問い合わせたりして雇用条件を調べたところ、県外に本社のある1社を除く全社が労働者を保険に加入させていなかった。「給料から保険料を天引きすると、外国人が集まらなくなる」として、日本人従業員のみ保険に加入させるケースも多かった。交渉すると、大半は雇用開始にさかのぼっての保険加入に応じたが、「保険料に回す資金がない」「健康保険や年金と一緒でないと入れず、労働者の負担も高額になる」などとして応じない社も数社あった。

 91年に来日した日系ブラジル人男性(45)は昨年9月、派遣先の同県近江八幡市内の工場で、倒れてきた約200キロのコンクリート金型の下敷きになった。大けがをしたが、翌日、長浜市内の派遣会社から「もう会社にはいらない」と告げられ解雇された。今も胸や背中に痛みが残るが、労災保険未加入のため、病院は会社負担で一度受診したのみだ。失業保険はさかのぼって適用することが可能だったが、手続きが遅れたため受け取れず、現在は生活保護を申請中だ。「私にも日本人の血が流れているのに、日本は冷たい」と唇をかんだ。

 労働基準法は労災事故での療養中の解雇を禁じているが、同社の担当者は取材に対し、「解雇は男性の無断欠勤など別の理由からで、休業補償と解雇予告手当を兼ね40万円を支払った」と説明。「外国人を専門に雇う派遣会社はどこも労働者を保険に加入させていない。違法と分かっていても、好況時なら、保険料を天引きすると労働者から不満が出る」と理解を求めた。

 同労組は「制度すら知らなかった外国人がほとんど。分からないのをいいことに企業の食い物にされてきた」と指摘する。「再び好景気になれば、また保険なしの雇用が息を吹き返す。同じことを繰り返してはいけない」と話している。
ENDS

Kyodo: Resident NJ numbers rise yet again in 2008, according to MOJ

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Registered foreign population in Japan hits record-high 2.21 million
Japan Today/Kyodo Saturday 11th July, 06:50 AM JST

http://www.japantoday.com/category/national/view/registered-foreign-population-in-japan-hits-record-high-221-million

TOKYO —
The number of registered foreign residents in Japan hit a record high of 2,217,000 at the end of 2008, marking an increase of around 50% in the last decade, a report released by the Justice Ministry said Friday. The registered foreign population accounts for 1.74% of Japan’s total population, it said.

Chinese nationals accounted for the largest group of foreign residents at around 30%, or 655,000 people, followed by Koreans at 589,000, Brazilians at 313,000, Filipinos at 211,000 and Peruvians at 60,000. The number of permanent residents increased to 492,000, up 11.9%, and that of nonpermanent residents with skilled labor visas rose by 21.6%. Most foreign nationals resided in Tokyo, with 402,000 registered, followed by Aichi and Osaka prefectures.

ENDS
Source: Ministry of Justice home page
http://www.moj.go.jp/PRESS/090710-1/090710-1.html

COMMENT FROM DEBITO: Quite honestly, I’ve been in a funk these past few months, starting with the Nikkei Repatriation Bribe, adopted April 1 of this year. Given that I’ve come to the conclusion that the GOJ deliberately keeps on instituting a formal revolving-door labor policy towards NJ (keep them here temporarily, suck them dry of the best years of their working lives, take their taxes and pension monies, and then send them back as soon as they become inconvenient regardless of how much contribution they make), the study of Japan’s internationalization (and the looming demographic nightmare) has become a dismal science. I’ve got a pile of books I’m supposed to be reading, most of which come to the conclusion that Japan’s internationalization and multiculturalization is inevitable (an argument I too have made constantly this decade), and it’s now become winceworthy reading. Again, quite honestly, I’m just not sure the elites who govern Japan will allow people like us to save Japan from itself.

Then I see statistics like the above. NJ are still coming here, to stay, to live. More NJ Permanent Residents than ever before, and the numbers have only slowed from an average of 15% (2002-2006) to 12%.

I have a feeling that the numbers of registered NJ residents may actually drop for the first time in nearly five decades in 2009. But if even then, with all the GOJ’s disincentives towards immigration, numbers keep rising, then I’ll snap out of my funk and resume my arguments about the multicultural inevitability. It’s a shame that without tabulations in real time, we have to wait another year to find out.

Arudou Debito in Sapporo
ENDS