Amnesty International 2002 report on human rights abuses, including extortion and physical abuse, at the Narita Airport “Gaijin Tank” detention center

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
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Hi Blog. What follow are some shocking allegations of ill-treatment of NJ at Narita Airport, and this time I’m not referring to the routine racial profiling done by Narita police in the airport after you’ve entered Japan. I’m talking about what happens to NJ in that extralegal zone known as Customs and Immigration, where people are neither in their own country nor under Japanese constitutional protections (since they officially have not entered Japan yet). Below, according to Amnesty International, we have allegations of renditioning to non-MOJ private policing forces, denial of basic human comforts, physical abuse, extortion, etc., all done without proper oversight or accountability. Sadly, this AI report is now ten years old and underreported; I was alerted to this situation by a journalist who underwent this procedure (including the extortion) over the past year. It’s not merely a matter of turning somebody away at the border — it is in my view a matter of prison screws extracting a perverse satisfaction (as will happen, cf. Zimbardo experiment) by lording it over foreigners, because nobody will stop them.

And that’s Narita. I wonder how the situation is at Japan’s other international ports of entry. Sickening.  Arudou Debito

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DOCUMENT – JAPAN: WELCOME TO JAPAN?

Entire report at http://www.amnesty.org/en/library/asset/ASA22/002/2002/en/58b534dc-d840-11dd-9df8-936c90684588/asa220022002en.html

The Landing Prevention Facility (Jouriku Boushi Shisetsuor LPF hereafter) was first drawn to Amnesty International’s attention in June 2000 when two Tunisian male tourists were reportedly beaten by staff belonging to a private security agency X (not real name of the security agency) in Narita Airport. During their five day detention at the LPF, the two men were denied access to medical facilities despite suffering injuries from the beatings, and only allowed to contact the police after three days in detention. They were denied the opportunity to contact the Tunisian embassy in Tokyo during their detention.

The two men , Thameur Hichem (20) and Thameur Mouez (22) had arrived on 20 June 2000 by Turkish Airlines, but were denied entry by Japanese immigration authorities at Second Terminal Building of Narita Airport despite possessing adequate travel documents.

The Immigration authorities handed the two Tunisian men to the custody of security personnel belonging to private security agency X contracted by Turkish Airlines. The security agency asked the two Tunisians to pay US$240 each as security charges. They refused to pay, which resulted in the security personnel forcing them to pay by use of physical force and verbal abuse. Thameur Hichem and Thameur Mouez were taken to the parking lot of Terminal 1 of Narita Airport by three guards who were staff of Security Company X. One of them hit and kicked Thameur Hichem on his left leg and then hit his head several times against the wall. Another staff member forced his shoulders to the floor and took US$300 from his pocket. Thameur Mouez was taken separately and was subjected to beatings until he paid US$300 to staff of Security Company X. Thameur Hichem and Thameur Mouez were detained for five days in a small windowless room until they were deported on 25 June 2000. They were not allowed access to a medical doctor despite their repeated requests. The reason given to them by Security Agency X was that their injuries were not serious enough. They were only allowed to contact their parents by phone after two days into their detention on 22 June 2000. They were also not allowed access to the police. The allegations against staff belonging to Security Company X were not adequately investigated.

Introduction

Foreign nationals entering Japan may be at risk of ill-treatment by immigration authorities during interrogations at Special Examination Rooms and by private security guards in detention facilities located at Japanese ports of entry, including Narita Airport.

During the period after denial of entry into Japan and before they were issued ”orders to leave” or issued deportation orders, foreign nationals have allegedly been detained in detention facilities located within the airport premises known as Landing Prevention Facilities (LPFs) or at an ”Airport Rest House” outside the airport site. Amnesty International has found evidence of ill-treatment of detainees at LPFs. It forms part of a pattern of arbitrary denial of entry to foreign nationals and systematic detention of those denied entry – a process which falls short of international standards. Amnesty International has received reports of detained foreign nationals being forced to pay for their ”room and board” and for being guarded by private security agencies that operate the LPFs. Foreign nationals have allegedly been strip-searched, beaten or denied food by security guards at these facilities if they have been unwilling to pay. The LPFs have detention cells that have no windows and there have been reports of foreign nationals being detained in these cells for several weeks without sunlight(1)and not being allowed to exercise.

Asylum-seekers have also had their requests for asylum rejected with no or inadequate consideration of the serious risk to their lives they face on deportation. These asylum seekers have been denied access to a fair and satisfactory asylum procedure; they are frequently not allowed access to interpreters and lawyers. Furthermore, they are forced to sign documents in languages they do not understand and of the content of which they have not been adequately informed. These documents may include a document signed by the deportee waiving his or her rights to appeal against decisions made by the immigration officials such as denial of entry into Japan. Amnesty International believes that the lack of access to independent inspections and the secrecy that surround LPFs and other centres of detention in Japan make them fertile ground for human rights abuses. Detained foreign nationals in the LPFs or immigration detention centres are not informed adequately about their rights.In particular, they do not always have prompt access to a lawyer or advice in a language they understand. The Japanese government should recognize the rights of people in detention to information, legal counsel, access to the outside world and adequate medical treatment. Those who had sought to contact United Nations High Commissioner for Refugees (UNHCR) have had their request turned down. In many cases, detainees at LPFs have been refused medical treatment by staff of security companies and by immigration officials. Decisions and actions of immigration officials and staff of security companies reveal a widespread lack of awareness of international human rights standards.

This report highlights Amnesty International’s concerns at the procedure adopted by immigration authorities and the abuses within the LPFs. It documents examples of discrimination that have underlined the arbitrary denial of entry to Japan. The report details cases where foreign nationals, including asylum-seekers, have been denied entry to Japan and have been detained in detention facilities like the LPF and have been threatened with deportation. The report also highlights cases of ill-treatment suffered by foreign nationals in detention at the LPF in recent years. These incidents suggest that, in practice, Japan has failed to respect its obligations under international human rights standards.

Concerns about procedures adopted by immigration authorities and the abuses within Landing Prevention Facilities: falling short of international standards

Amnesty International is concerned

  1. about reported ill-treatment in the course of interrogations and the process of deportation or exclusion of foreign nationals who are denied entry to Japan and are detained at the LPF or at an ‘Airport Rest House’ outside the airport. Ill-treatment is alleged to have taken place during different stages of interrogations conducted by immigration authorities. Such treatment is alleged to have taken place during interrogations shortly after foreign nationals have landed in Narita airport and where the decision to deny entry to the foreign national is made. Additionally, ill-treatment has been alleged during interrogations held by immigration officials during subsequent detention of foreign nationals in the LPFs. These interrogations are allegedly held to force foreign nationals to sign documents waiving their rights to appeal against decisions by immigration authorities.(2) Ill-treatment of those in detention constitutes a violation of Articles 7 and 10 of the International Covenant of Civil and Political Rights (ICCPR)(3) which Japan ratified in June 1979. The failure of the Japanese government to initiate a prompt and impartial investigation into these allegations constitutes a violation of Article 12 of the Convention against Torture(4) which Japan acceded in June 1999. The ICCPR also carries with it a duty on states to ensure that complaints about torture or cruel, inhuman or degrading treatment must be investigated promptly and impartially by competent authorities;(5)
  2. that there have been incidents where the immigration authorities have failed to provide adequate translation facilities while questioning foreign nationals in Special Examination Rooms at Narita Airport to determine their status. This failure to provide adequate interpretation facilities constitutes the non-observance of Principle 14 of the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Body of Principles)(6);
  3. that some detainees at the LPF have been held incommunicado. They have often been denied access to their families in violation of Principles 16 (1)(7) and 19(8) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; they have also reportedly not been allowed to communicate with their consular or diplomatic missions in Japan or to contact representatives of the UN High Commissioner for Refugees (UNHCR) in contravention of Principle 16 (2) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment(9) and international standards for refugee determination. Detainees have also not been allowed to communicate with independent legal advisors in violation of Principle 17 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;(10)
  4. that detainees were only informed verbally by immigration officials at entry ports in Japan including Narita Airport about the refugee status determination process and that information on the procedure in Narita Airport was not available freely. Immigration officials informed an Amnesty International delegation in December 2000 that they only kept pamphlets containing information on the refugee status determination procedure in Japanese at Narita airport. It appears that detainees are not given any written information on the asylum procedure in Japan in a language that they can understand. The failure to provide adequate information about the rights of detainees in a language that they can understand constitutes non-observation of Principles 13(11) and 14 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
  5. that many asylum-seekers are denied access to fair and satisfactory asylum procedures by the immigration authorities. Denial of access to a fair and satisfactory asylum procedure, to independent legal counsel and to the UNHCR may lead to refoulement. The principle of non-refoulement is enshrined in the 1951 Convention relating to the Status of Refugees(11) and the 1984 Convention against Torture,(12) to both of which Japan is a state party.

The law and practice of an arbitrary ‘fast-track’ detention-deportation procedure: providing opportunities for human rights abuses

The two Tunisian nationals mentioned above are among thousands of foreign nationals who are detained in the LPF at Narita Airport every year, prior to being deported on the next available flight of the same air carrier on which they had flown into Japan. Detention at the LPF, or at an ”Airport Rest House”, forms part of the procedure followed by Japanese authorities after foreign nationals are refused entry and before they are deported from Japan (the Jouriku Boushi Gyoumu procedure).

The legal framework for this procedure is provided for in the Immigration Control and Refugee Recognition Act (the ICRR Act). This Act provides for a Special Inquiry Officer to interview a foreign national once an Immigration Inspector finds that his or her documents to enter or depart do not conform with requirements of the Ministry of Justice Ordinance (Article 6(2) and 9(4) of the ICRR Act provides for this procedure). If the Special Inquiry Officer finds as a result of the interview that the foreign national does not meet conditions of landing (provided for in Article 7(1)), the officer has to inform the foreign national of this decision, and give reasons for that decision (Article 10(9)).

These interviews do not meet international standards, in particular denial of access to adequate interpretation facilities(13) and have resulted in ill-treatment of foreign nationals. For example, there have been allegations that foreign nationals, some of whom may have been asylum-seekers, have not had access to adequate interpretation facilities during such interviews, which at times have lasted several hours.

 […]

Concerns regarding private security companies

Private security companies have been contracted by air carriers to transport foreign nationals from Special Examination Rooms of the immigration authorities to their detention facilities and back from their detention facilities to the air carrier on the day of their flight. Private security companies also supervise these foreign nationals in their detention facilities, including at the LPF; they guard them round the clock to ensure that the foreign nationals are prevented from leaving the rooms and from entering Japan. Companies such as Security Agency X (not the real name of the company) try to make the foreign nationals pay the cost for their ”accommodation”. It appears that when Security Agency X failed to receive the payments from foreign nationals, they asked the flight operator to reimburse the amounts owed.(17)

Up until the summer of 1999, Security Agency X was contracted by air carriers to transport foreign nationals and also supervise the security of the LPF at Narita Airport. The agency could ask foreign nationals to pay the costs for this accommodation during the period of their stay. When they did not pay, they were allegedly strip-searched.Force was allegedly used by the security company when foreign nationals protested and questioned these requests.

When Security Agency X lost the contract to be in charge of security at the LPF at Narita Airport, it still continued to be contracted by airline carriers to transport foreign nationals who had been denied entry into Japan from the Examination Room to the LPF and from the LPF to the air carrier when the foreign national was being deported. Its reduced security responsibilities had diminished opportunities for Security Agency X to force foreign nationals to pay during their detention at the LPF. Thameur Hichem and Thameur Mouez were beaten not inside the LPF but outside in a building located at the parking lot in Narita Airport when they showed unwillingness to pay up to the demands of the staff members of Security Agency X. When Amnesty International asked immigration officials about actions they had taken against Security Agency X, the officials stated that they had been satisfied with the reply from the security agency and that the company had done no wrong. No action had apparently been taken by the immigration authorities though they had admitted to Amnesty International that the LPF was under the overall supervision of the immigration authorities at Narita Airport. The lack of prompt and impartial investigation by the authorities into such allegations of ill-treatment contravenes Article 12 of the Convention against Torture.

The LPF in Narita Airport: a secret detention facility

Not much was known of the LPF until the case of the two Tunisian nationals became public. The LPF is used for the physical detention within the airport complex of those foreign nationals who are denied entry into Japan usually after they have been issued ”orders to leave”.(18)When an Amnesty International delegation was granted access to the LPF in December 2000, there were two facilities which were located in the administrative wing on the second floor of Terminal 2 of Narita Airport.(19)The LPF in Narita Airport comprises at least two detention facilities, at least one is reserved for men and at least one facility is reserved exclusively for women detainees. According to Immigration officials questioned by the Amnesty International delegation, a daily average of some seven persons were detained in the LPF. Both of the facilities in Narita Airport consisted of four windowless rooms.

In the room to which Amnesty International was allowed access, there were narrow benches (which former detainees have informed Amnesty International doubled up as beds) and large dust-bins. The room, which was in the LPF allocated to women, was not occupied by any detainees at that time. There were five benches in the room, possibly indicating that the room was meant for five detainees. The room was about 10 feet by 8 feet and 7 feet high and was the only room that was not behind a locked steel gate. All other rooms (three in the women’s facility, and four rooms in the men’s facility) were behind a locked steel gate which was guarded throughout the day by two guards on 12 hour shifts. The rooms were always locked, the keys were held by the guards. In cases of emergencies like sickness or fire in the room, detainees had no choice but to bang the door hard to raise alarm and catch the attention of the guards. A vertical glass window fitted into the door which enabled the guards to have a good view of the room. This meant that detainees were effectively denied privacy. The guard room, in turn, was locked. Detainees’ luggage was kept separately in a room next to the guard room.

Despite requests, the Amnesty International delegation was not allowed to meet detainees. Amnesty International has been informed that two delegations of Japanese Diet (National Assembly) members were also denied access to those detained in the LPF at the time of their visits. The refusal to allow visits by qualified persons to places of detention constitutes a violation of Principle 29 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.(20)

Discrimination on the basis of nationality

There appears to be a link between the denial of entry by immigration authorities, ill-treatment during questioning of entry or asylum applicants, detention at the LPF and the nationality of the person. There have been denials of entry on the basis of superficial generalisations of persons belonging to certain countries revealing a xenophobic bias of immigration officials. A Colombian national, who was denied entry into Japan in October 1996, claimed to have been told by the Immigration official that ”You don’t have to be in Japan. Only one out of five Colombians can enter Japan. Colombians are untrustworthy, selling drugs, involved in prostitution and robbery.” There have been, since 11 September 2001, several cases of asylum seekers being refused entry into Japan apparently because they are from particular countries, such as Afghanistan or the Middle East region. Most of them have been forced to sign documents facilitating their deportation with little regard paid to the non-refoulementprinciple enshrined in the 1951 Convention relating to the Status of Refugees (the Refugee Convention) and the Convention against Torture.

Changes to Alien Registration Act July 2012 — NJ to be registered on Juuminhyou Residency Certificates at last

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

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Hi Blog. As the first real post of the new year, I thought we should start with a bit of unexpected good news.  Let’s talk about the changes in Immigration’s registration of NJ residents coming up in July.

It’s been in the news for quite a bit of time now (my thanks to the many people who have notified me), and there is some good news within:  NJ will finally be registered on Residency Certificates (juuminhyou) with their families like any other taxpayer.  Maximum visa durations will also increase from 3 to 5 years, and it looks like the “Gaijin Tax” (Re-Entry Permits for NJ who dare to leave the country and think they can come back on the same Status of Residence without paying a tariff) is being amended (although it’s unclear below whether tariffs are being completely abolished).

But where GOJ giveth, GOJ taketh.  The requirement for jouji keitai (24/7 carrying of Gaijin Cards) is still the same (and noncompliance I assume is still a criminal, arrestable offense), and I have expressed trepidation at the proposed IC-Chipped Cards due to their remote trackability (and how they could potentially encourage even more racial profiling).

Anyway, resolving the Juuminhyou Mondai is a big step, especially given the past insults of awarding residence certificates to sea mammals and fictional characters but not live, contributing NJ residents (not to mention omitting said NJ residents from local government population tallies).  Positive steps to eliminate an eye-blinkingly stupid and xenophobic GOJ policy.  Read on.  Arudou Debito

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The Japan Times Wednesday, Dec. 21, 2011
Immigration changes to come as new law takes effect in July
By JUN HONGO Staff writer
Courtesy http://www.japantimes.co.jp/text/nn20111221a5.html

The revised immigration law will take effect next July 9 and the government will start accepting applications for new residence registration cards on Jan. 13, the Cabinet decided Tuesday, paving the way for increased government scrutiny through a centralized immigration control of foreign nationals.

The amendment will affect foreign nationals who are residing here under medium- to long-term residence status as stipulated by the Immigration Control Act. While some will be exempt from the change, such as special permanent residents of Korean descent, most foreign residents will be required to make a few major changes, including obtaining new registration cards.

The current alien registration cards, overseen by local municipalities, will be replaced with the cards issued by the central government.

According to the Justice Ministry, foreign residents can apply for the new card at their nearest regional immigration office beginning Jan. 13 but won’t receive it until July. However, valid alien registration certificates will be acceptable until the cardholder’s next application for a visa extension takes place.

At that point, the old card will be replaced with the new residence card, which will have a special embedded IC chip to prevent counterfeiting.

The government claims that centralized management of data on foreign residents will allow easier access to all personal information of the cardholder, such as type of visa, home address and work address, and in return enable officials to more conveniently provide services for legal aliens.

For example, documented foreigners will have their maximum period of stay extended to five years instead of the current three years. Re-entry to Japan will also be allowed without applying for a permit as long as the time away is less than a year, according to the Justice Ministry.

Permanent residents, meanwhile, will have to apply for a new residence card within three years from July 2012. Required materials necessary for an application have not been determined yet.

Rest at http://www.japantimes.co.jp/text/nn20111221a5.html
ENDS

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Changes coming to foreign registration, visa system
Japan Today LIFESTYLE JAN. 05, 2012
Courtesy http://www.japantoday.com/category/lifestyle/view/changes-coming-to-foreign-registration-visa-system

TOKYO — On July 9, a new system of residence management will be implemented that combines the information collected via the Immigration Control Act and the Alien Registration Law respectively. Foreign nationals residing legally in Japan for a medium to long term are subject to this new system.

The government will start accepting applications for new residence registration cards on Jan 13, which will then be issued after July 9. To apply for the new card, you are required to appear in person at the nearest regional immigration bureau.

The Ministry of Justice says the new system ensures further convenience for such persons by extending the maximum period of stay from 3 years to 5 years. In addition, a system of “presumed permit of re-entry,” which essentially exempts the need to file an application for permission for re-entry when re-entering Japan within one year of departure, will be implemented.

Upon introduction of the new system of residence management, the current alien registration system shall become defunct. Medium- to long-term residents will get a new residence card which they will be required to always carry with them. Children under the age of 16 are exempt from the obligation to always carry the residence card.

Foreign nationals residing legally for a medium to long term with a status of residence under the Immigration Control Act, EXCLUDING the persons described below, shall be subject to the new system of residence management:

—Persons granted permission to stay for not more than 3 months
—Persons granted the status of residence of “Temporary Visitor”
—Persons granted the status of residence of “Diplomat” or “Official”
—Persons whom a Ministry of Justice ordinance recognizes as equivalent to the aforementioned foreign nationals
—Special permanent residents (for example, of Korean descent)
—Persons with no status of residence

Permanent residents, meanwhile, will have to apply for a new residence card within three years from July 2012.

What is the residence card?

The residence card will be issued to applicable persons in addition to landing permission, permission for change of status of residence, and permission for extension of the residence period, etc. The card is equipped with an IC chip to prevent forgery and alteration, and the chip records all or part of the information included on the card. Fingerprint information will not be recorded in the chip.

The card will contain a portrait photo of the individual and the following information:

—Legal items given
—Name in full, date of birth, sex, nationality
—Place of residence in Japan
—Status of residence, period of stay, date of expiration
—Type of permission, date of permission
—Number of the residence card, date of issue, date of expiration
—Existence or absence of working permit
—Existence of permission to engage in an activity other than those permitted under the status of residence previously granted

New visa and re-entry system

(1) Extension of the maximum period of stay

The status of residence with a period of stay of 3 years under the present system, will be extended to 5 years. As for the status of residence of “College Student,” the maximum period of stay will be extended to “4 years and 3 months” from the current “2 years and 3 months” starting from July 1, 2009.

(2) Revision of the Re-entry System

A foreign national with a valid passport and a residence card will be basically exempt from applying for a re-entry permit in cases where he/she re-enters Japan within one year from his/her departure. In cases where a foreign resident already possesses a re-entry permit, the maximum term of validity for the re-entry permit shall be extended from 3 years to 5 years.

Conditions of Revocation of Status of Residence

Implementation of the new system of residence management includes establishment of the following provisions concerning the conditions of revocation of status of residence and deportation, and penal provisions:

—The foreign national has received, by deceit or other wrongful means, special permission to stay
—Failing to continue to engage in activities as a spouse while residing in Japan for more than 6 months (except for cases where the foreign national has justifiable reason for not engaging in the activities while residing in Japan
—Failing to register the place of residence within 90 days after newly entering or leaving a former place of residence in Japan (except for cases with justifiable reason for not registering the place of residence), or registering a false place of residence
—Forgery or alteration of a residence card
—Being sentenced to imprisonment or a heavier punishment for submitting a false notification required of medium to long term residents, or violating the rules concerning receipt or mandatory presentation of the residence card

For further information, visit http://www.immi-moj.go.jp/newimmiact_1/en/index.html or call the Immigration Information Center at 0570-013904 (weekdays between 8:30 a.m. and 5:15 p.m.)
ENDS

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Alien Registration Act will be abolished, and Immigration Control Act and Basic Resident Registration Act will be amended as of July 2012! [Courtesy of MM]

http://www.city.inazawa.aichi.jp/ka_annai/shimin/e_nyuukan.pdf 

《Key Changes》

◎ For a household consisting of Japanese nationals and foreign nationals, the conventional system under which the family members can identify themselves by certified copy of the residence record for Japanese nationals (Jumin-hyo) or by certified copy of alien register for foreign nationals (Gaikokujin tourokugenpyo kisaijiko shomeisho), will be abolished and they will be able to uniformly identify themselves by a single residence record (Jumin-hyo).

◎ Like a Japanese national does, a foreign national who moves from one city to another will need to report to the city he/she used to live of the removal and obtain “Certificate of Removal (Tenshutsu shomeisho)” which then needs to be submitted to the city which he/she moves in.

◎ A foreign national will be released from some burdens. → After the changes, a foreign national who has registered with the Immigration Bureau any change to his/her status of residence, an extension of period of stay, etc. will not need to report as such to the city where he/she lives.

◎ The Alien Registration Card (Gaikokujin torokusho) will be replaced by “Residence Card (Zairyu card)” containing less information. → For permanent residents …

A Residence Card (Zairyu card) will be issued by taking procedures at

Immigration Bureau within three years after the law amendment. For others …

A Residence Card (Zairyu card) will be issued at the first extension of period of stay after law amendment or when any change to the status of residence is made at the Immigration Bureau.

Alien registration system will be abolished and aliens will be subject to Basic Resident Registration Act.

Changes to Immigration Control Act will benefit foreign nationals living in Japan.《Foreign nationals entitled to registration to Residence Record (Jumin-hyo)》 Excluding the persons staying in Japan for short periods of time, foreign nationals residing legally in Japan for more than three months with a status of residence. (1) Medium to long term resident (2) Special permanent resident (3) Person granted landing permission for temporary refuge or person granted permission for provisional stay (4) Person who is to stay in Japan through birth or who has renounced Japanese nationality ⇒ Persons who do not fall within any of the aforementioned categories or who do not qualify for the status of residence as of the law amendment (including those who have not reported to the city under Alien Registration Act any change to the duration of stay) will not be registered to Residence Record (Jumin-hyo) and thus certified copies of the residence record may not be issued. If you will need a certified copy of Residence Record (Jumin-hyo), take necessary procedures as soon as possible.

※ For those subject to the new system, a Provisional Resident Record (Kari jumin-hyo) will be sent to you from April 2012 for you to check information contained in the record.

Neither reference date for making Provisional Resident Record (Kari jumin-hyo) nor effective date of the law amendment has yet been decided. Once decided, it will be announced on the City website and other notices.

See the following websites for further details:

Changes to Immigration Control Act! ” (Ministry of Justice) “Changes to the Basic Resident Registration Law – Foreign residents will be subject to the Basic Resident Registration Law -” (Ministry of Internal Affairs and Communications)
ENDS

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More from the horse’s mouth at

http://www.immi-moj.go.jp/newimmiact_1/en/index.html

Gaijinwife blog on her house check — is having authorities visit Permanent Residency applicant’s home and throughly photograph its interior now SOP?

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

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Hi Blog. Continuing on with arbitrary bureaucracy in Japan (particularly pertaining to NJ, see newfound arbitrary hurdles when getting married or getting rejected for Permanent Residency), check this blog out, excerpted below. This degree of background check used to be the domain of people applying for Japanese citizenship (see what it was like for me back between 1998 and 2000 here, not to mention Sendaiben’s nasty experience here) Now it seems that even PR applicants may have their premises policed and photographed by the authorities. Is this happening to others as well?  Not according to the commenters on Gaijinwife’s blog, but let’s ask Debito.org Readers as well.  Arudou Debito

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“Men in Black”
Gaijinwife blog, Posted on October 21, 2011
http://gaijinwife.wordpress.com/2011/10/21/men-in-black/
Courtesy of MD

Well, actually only one was in black, the other just had on a shirt and tie. Two men from the immigration office – waiting in their car across the street when I got home from shopping at about 3pm.

They show me their ID badges and say they are here to do a checkup on my application for permanent residency that I submitted in August. They give me a piece of paper to sign saying that I give them permission to come into the house and have a look round. I have had no warning they would be coming so it is just pure luck I’m not still in my PJs squiffing wine and watching horny housewife porn on an illegal streaming site.

The first thing they do is take a photo of the array of shoes in the genkan – focussing on the kids shoes. They ask me questions about the kids, where Granny K sleeps and then come into the lounge where they take a photo of the fire – the DVDs and the lego on the mantlepiece above it. We haven’t used the fire this season yet but when we do all the toys and shit will go and the big metal guard will come out – they asked about it. I offered to show them but that wasn’t necessary.

Then they wanted to know where the kids clothes were – as if shoes, lego, DVDs, and a pile of unfolded kids laundry on the sofa wasn’t enough. He even took a picture of a pulled out drawer with kids clothes in it.

I then got quizzed on the futon downstairs – was that the master bedroom? No, I said, it is where I am sleeping cause I’ve got a hacking cough and no point keeping hub up as well. Oh, so you and your hub aren’t sleeping in the same room? No, but we do usually. Would you like to see our bedroom – its upstairs.

So up we go where more photos are taken of our bedroom (bed miraculously made) and kids bedrooms. They inquire about the black and white photo of my parents when they were 20, don’t ask about the empty suitcase out in the hall but do ask about the big backpack by the front door. Hiking? No, that’s an evacuation kit. He wrote something down.

Am presuming it was highly safety conscious gaijin, with relatively clean house who obviously dislikes laundry and sleeping with her husband. Does appear to have all three children as stated on application…

Rest at http://gaijinwife.wordpress.com/2011/10/21/men-in-black/

J on how Japan’s Immigration Bureau uses unlegislated bureaucratic guidelines to trump the letter of the law, in this case re obtaining Permanent Residency

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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. Second in this series of arbitrary bureaucratic rule in Japan:  Debito.org Reader J sends me this post about the tribulations he’s had getting his Permanent Residency, and how Immigration Bureau bureaucrats feel they are within their mandate to ignore the letter of the law. According to J, even when you show them their guidelines are unlawful under the law, they have replied, “That’s just a law.” Which of course calls into question the rule of law in Japan, and bureaucrats’ attitudes towards being constrained by legislation meant to preserve the consent of the governed in a democracy.  Arudou Debito

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

November 8, 2011

Hi Debito, how’s it going? Who do you think is a good lawyer that has appealed a PR declination successfully before?

I think I have an undeniable open-and-shut appeal case in which the courts will most likely overturn an immigration officer’s illegal decline of Permanent Residency.

(Perhaps you remember, I had a car accident once 5 years ago in which I committed a crime – I received probation, since thankfully no people were hurt, only cars damaged.)

What makes [my] PR decline obviously “illegal” is that the following Law was ignored:
(1) 素行が善良であること
(2) 独立の生計を営むに足りる資産又は技能を有すること
(3) その者の永住が日本国の利益に合すると認められること
(注)日本人,永住者又は特別永住者の配偶者又は子の場合は,(1)及び(2)に適合することを要しない。
#1 reason for declination is: having committed a crime.
#2 reason for declination is: being financially too poor.
#3 reason for declination is: not being a profit to Japan.
The Law then nicely goes on to state that reason #1 and reason #2 can NOT be used to decline spouses of Japanese citizens.

So, this means that if an immigration officer wants to legally decline Permanent Residency to a spouse of a Japanese citizen, he is REQUIRED to claim reason #3.

My case is: I’m married to a Japanese citizen (7 years) and yet the immigration officer declined my Permanent Residence using reason #1, “previous conviction”.

So again, who do you think is a good lawyer? I’m willing to pay his standard price, plus, a 500,000 yen bonus upon successfully overturning this illegal refusal of PR.
Please let me know if you have any good ideas of who I should call. Sincerely, J 

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

November 8, 2011

Hi Debito. Turns out I don’t need a lawyer after all.

Whoever wrote the original Law saying that reason #1 and reason #2 can NOT be used to decline spouses of Japanese citizens, their goal was clear: to let foreigners married to Japanese citizens become Permanent Residents, regardless of whether they were convicted criminals, or poor, or both.

But then, some bureaucrats within immigration with the opposite goal (limiting PRs) decided to write some new “Guidelines” which say the exact opposite.

These new “Guidelines” (which the Unelected bureaucrats proclaim “trumps” the Laws written by Elected Lawmakers) say that reason #3 includes convictions.

Any rational person looking at the original Law would say that reason #1 refers to crime (素行が善良であること = 法律を遵守) and reason #3 refers to profit:
http://www.moj.go.jp/ONLINE/IMMIGRATION/16-4.html

But now, check out this crafty Heisei 15/16 “update” to the immigration Guidelines (added by unelected immigration bureaucrats) look at the ア、イ、ウ、オ additions:
(1) 素行が善良であること
法律を遵守し日常生活においても住民として社会的に非難されることのない生活を営んでいること
(2) 独立生計を営むに足りる資産又は技能を有すること
日常生活において公共の負担にならず,その有する資産又は技能等から見て将来において安定した生活が見込まれること
(3) その者の永住が日本国の利益に合すると認められること
ア 原則として引き続き10年以上本邦に在留していること。ただし,この期間のうち,就労資格又は居住資格をもって引き続き5年以上在留していることを要する。
イ 罰金刑や懲役刑などを受けていないこと。納税義務等公的義務を履行していること。
ウ 現に有している在留資格について,出入国管理及び難民認定法施行規則別表第2に規定されている最長の在留期間をもって在留していること。
エ 公衆衛生上の観点から有害となるおそれがないこと
http://www.moj.go.jp/nyuukokukanri/kouhou/nyukan_nyukan50.html

Cute. So since the door was opened “too wide” by the original Law, just type up some “Guidelines” that moves the “crime disqualification” from reason #1 into reason #3, et voila!

Now, if I go to court, the court can simply say, “Well, according to this Heisei 15/16 update/addition to the immigration Guidelines (penned by Unelected bureaucrats) you lose. Boom.”

But, your honor, “reason #1” means “didn’t follow the law” (and “reason #1” doesn’t apply to spouses of Japanese citizens) so how can “didn’t follow the law” be added to “reason #3”?

Guidelines written by Unelected bureaucrats are REVERSING and TRUMPING the Laws written by Elected Lawmakers, plus let’s remember that these Guidelines are usually secret.

For example: the LAW says that Passports only have to be shown to immigration officers, but new GUIDELINES say that every Gaikokujin (for example: your single foreigner cousin, living in your house, with a valid visa, NOT RECEIVING KODOMO TEATE [child allowance]) must come allow the Kodomo Teate Section to copy his Passport, or else the couple with kids are penalized.

Perhaps your single foreigner cousin, living in your house, with a valid visa, NOT RECEIVING KODOMO TEATE, refuses to let some “Kodomo Teate city worker” to copy his Passport?

According to the new Kodomo Teate Guidelines, if ANY Gaikokujin living in the house refuses to hand over his Passport, the Kodomo Teate will be taken away from the couple with kids.

So now the couple with children must force any Gaikokujin roommates they are living with to submit to this unlawful new guideline, or else the couple with children will be penalized.

The couple with children do NOT have to ask their Japanese roommates to submit anything, this unlawful new guideline doesn’t dare ask JAPANESE citizens to show their passport.

The reasoning for this guideline is “foreigners spend Kodomo Teate money vacationing in Thailand, but Japanese citizens would never do that, so we don’t check Japanese passports.”

Try asking the Kodomo Teate section for a copy of this new Guideline, they won’t give a copy of it, they won’t even show it to you, because, “Our Guidelines are secret.” Seriously. (!)

Laws made by the Kokkaigin say that we DON’T have to show our Passport except to immigration officers and when getting our ARC, but: new Guidelines say Kodomo Teate as well.

If you are a Japanese person receiving Kodomo Teate, with a non-Japanese living in your house, the new Guidelines say ALL Gaikokujin MUST come show their Passport – or else.

Do the Elected Lawmakers know that their will has been reversed and trumped? Do the Elected Lawmakers know that these new guidelines are in direct conflict with national Laws?

My conversation recently with an immigration official summed it up perfectly, when I read him the Law stating that reason #1 can’t be used against me, he said, “That’s just a law!”

I couldn’t believe it, this officer actually said, in front of his co-workers, “それはただの法律だけ!” His tone was perfectly clear, “WE make the decisions around here, not laws.”

So, nevermind my request for a lawyer, I can see that since the bureaucrats within immigration have craftily moved crime from reason #1 down to reason #3, I can’t get PR, oh well.

Currently in Japan (in my opinion the best country relative to others) a sad state admittedly exists where Guidelines trump Laws: Unelected bureaucrats trump elected lawmakers.

Thanks anyway for the good work you do. Sincerely, J 🙂

PS – I wonder how the majority of Japanese citizens would feel about a Law that says,
“From now, only Elected Lawmakers (and publicly-voted initiatives) can create Laws.
And any Guidelines written by unelected bureaucrats CANNOT conflict with those Laws.
Plus all Guidelines written by unelected bureaucrats must be Public: no Secret Guidelines.”

ENDS

Suraj Case of police brutality and death during Immigration deportation in Japan Times Nov 1, 2011

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

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Hi Blog. Sorry to take a day or two to get to this. Here we have more reported (thanks to assiduous folks at the Community Page at the Japan Times) on the Suraj Case, a mysteriously underinvestigated case we’ve mentioned here before of police brutality and death of an African during deportation. What gets me is that even some of the veto gates at the Japan Times, according to the editor of this article on his facebook entry, took issue with the use of the word “brutal” in the headline; given what finally came to light regarding the condition of Mr. Suraj’s corpse below, “brutal” is obviously appropriate. And it would not have come to light at all had not Mr. Suraj’s widow and these reporters not pursued this case with such tenacity. Keep it up, Japan Times. Who else in a milquetoast Japanese media that is generally unsympathetic to NJ issues would give a toss? Arudou Debito

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

The Japan Times Tuesday, Nov. 1, 2011

PHOTO CAPTION: Immigration policy on trial: Abubakar Awudu Suraj died after being restrained by immigration officers with hand and ankle cuffs, a rope, four plastic restraints and a towel gag before a flight to Cairo from Narita airport. Below: An illustrated note that Suraj passed to his wife during her visit to an immigration center during one of his periods in detention. COURTESY OF ABUBAKAR AWUDU SURAJ’S WIDOW

THE ZEIT GIST
Justice stalled in brutal death of deportee
Autopsy suggests immigration officers used excessive force in restraining Ghanaian
By SUMIE KAWAKAMI and DAVID MCNEILL
Courtesy http://www.japantimes.co.jp/text/fl20111101zg.html, thanks to lots of people

Abubakar Awudu Suraj had been in Japan for over two decades when immigration authorities detained him in May 2009. The Ghanaian was told in Yokohama of his deportation to Ghana at 9:15 a.m. on March 22 last year. Six hours later he was dead, allegedly after being excessively restrained by guards.

Jimmy Mubenga also died last year while being held down by three private security guards before takeoff on a British Airways flight from London to Angola. The father of five had lost his appeal to stay in the U.K. and was being deported. Mubenga put up a struggle and died after the guards sat on him for 10 minutes, say witnesses.

But the details of the deportations of two men from rich countries back to their native Africa, and their aftermath, are strikingly different. Mubenga’s death is already the subject of a vigorous police inquiry, front-page stories and an investigation by The Guardian newspaper. The case has been discussed in Parliament, where security minister Baroness Neville-Jones called it “extraordinarily regrettable.”

Suraj has received no such honors. The 45-year-old’s case has largely been ignored in the Japanese media and no politician has answered for his death. An investigation by Chiba prosecutors appears to have stalled. There has been no explanation or apology from the authorities.

His Japanese wife, who had shared a life with him for 22 years, was not even aware he was being deported. She was given no explanation when she identified his body later that day. His body was not returned to her for nearly three months. Supporters believe he put up a struggle because he wanted to tell his wife he was being sent home.

An autopsy report seen in a court document notes abrasions to his face, internal bleeding of muscles on the neck, back, abdomen and upper arm, along with leakage of blood around the eyes, blood congestion in some organs, and dark red blood in the heart. Yet the report bizarrely concluded that the cause of death is “unknown.”

Any movement in the Suraj case is largely down to his wife, who wants to remain anonymous. She won a lawsuit against the Justice Ministry, which oversees immigration issues, demanding it disclose documents related to his death. The documents were finally released in May, more than a year after he died…

Rest at http://www.japantimes.co.jp/text/fl20111101zg.html

////////////////////////////////////
UPDATE: — Economist (London) reports on Suraj Case, and NPA not allowing journalists to investigate, courtesy CR. Debito
==============================

Justice in Japan
An ugly decision
The Economist Nov 4th 2011, 8:05 by K.N.C.
http://www.economist.com/blogs/banyan/2011/11/justice-japan?fsrc=scn%2Ffb%2Fwl%2Fblanuglydecision

BOUND and gagged, a man dies in the custody of immigration officers while being forcibly deported. The police investigate slowly. Prosecutors mull the case. The wheels of justice barely turn.

Now, it looks like the case will be dropped completely—and a man’s death go unpunished. Prosecutors in Chiba prefecture, where Tokyo’s Narita airport is located, have decided not to indict the ten officers who carried Abubakar Awudu Suraj’s unconscious body onto an Air Egypt flight in March 2010 before he was declared dead, according to a new report in the Yomiuri Shimbun.

Two official autopsies at the time could not determine the cause of death, though Mr Suraj’s widow saw injuries to his face when she identified the body. A new autopsy however purports to reveal that he had suffered heart disease and says the cause of his death was illness.

This is hard to swallow at face value. Three days after the incident an immigration official told Mr Suraj’s widow “It is a sorry thing that we have done.” Officialdom dragged its heels to such a degree that she had to file criminal charges and later civil charges. The kind of gag that was used to restrain him is prohibited, though its use is said to be commonplace.

Mr Suraj was a Ghanaian national who arrived in Japan in 1988, learned the language, worked odd jobs and married a Japanese woman. He was arrested for overstaying his visa and the courts didn’t accept his requests to remain. The March 2010 deportation was the immigration bureau’s second attempt—after Mr Suraj made such a rumpus the first time round that it had to be stopped. So perhaps officers used a bit of extra force to make sure it didn’t fail.

It is an ugly situation. The authorities surely didn’t mean for Mr Suraj to die in custody. But since he did, the people responsible should be held legally accountable. The Chiba prosecutors, by suggesting they may drop the case, look as complicit as the ten officers themselves.

Addendum, 5 November 2011: When The Economist requested an interview with the Chiba prosecutor’s office, the answer was a firm no. An employee said that interviews are only allowed for members of the prosecutors’ “Kisha Club,” the quasi-formal groups that control the flow of news to major Japanese news organisations (and which tend to turn journalists into stenographers for officialdom, by neutering independent reporting). The employee said that the only time The Economist can prosecutors questions is during an annual “press registration”—whose application deadline is long past. Must every Japanese institution be designed to keep out outsiders?
ENDS

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

RE: Civil suit mentioned above:

Japan’s immigration policy
Gone but not forgotten
The Economist Aug 5th 2011, 9:45 by K.N.C. | TOKYO
http://www.economist.com/blogs/banyan/2011/08/japans-immigration-policy

WRISTS cuffed, ankles bound and with a rolled towel shoved in his mouth, Abubakar Awudu Suraj died in the custody of nine Japanese immigration officers on March 22nd 2010 while being deported to Ghana for overstaying his visa. Since then his widow and friends have sought information—and justice—from the authorities, but have been ignored. On August 5th 2011 they filed a civil suit against the government.

The Chiba prefectural prosecutors have received the results of an investigation but have yet to act. None of the officers have been sanctioned at all, explains Koichi Kodama, a lawyer working on Mr Suraj’s case. He argues that the authorities are trying to cover up misdeeds. For example, restraining a person by using ankles cuffs and a towel is not permitted, he says. And in a videotape of the botched deportation, the supervisor tells the cameraman to stop filming as things get hot, says Mr Kodama.

The civil suit seeks compensation of ¥136m (around $1.5m) from the government for wrongful death. But the real motivation is to hold the authorities to account, explains Mr Suraj’s widow. “I want to reveal the truth without concealing anything,” she says. “They were carrying a human being. I don’t understand why they had to treat him like that. I feel very powerless,” she says.

The Japanese mainstream media have largely ignored the case. (We reported it May 2010 and followed up in December 2010.) The head of the immigration bureau left out unflattering facts about his officers’ conduct when he was called to the Diet (parliament) to explain what happened. A criminal case was filed as well, naming the officers involved, but it has barely budged on the court’s docket. The ministry of justice looks hampered by rather obvious conflicts of interest. The ministry’s agents hold the evidence of wrongdoing that their colleagues are alleged to have committed. The ministry stands responsible for penalising officials within its own ranks.

One small change is that since Mr Suraj’s death, there apparently have not been any other forced deportations. But that only sharpens the question. As long as Mr Suraj’s case is ignored by officialdom, it is Japan’s institutions of justice that fall under suspicion. Every day that the officers who were present when Mr Suraj died don their uniforms and walk into their offices is another day in which the Japanese state looks complicit in a cover-up.
ENDS

2011’s annual GOJ Spot the Illegal Alien campaign enlists Tokyo Metro, deputizes general public with posters of cute and compliant NJ

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign 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. It’s that time of the year again, when the GOJ has its monthlong campaign to enlist the general public in spotting illegal aliens. Just to make sure that anyone can feel empowered to do Immigration’s job to spot check a NJ’s Gaijin Card (when, according to the Gaitouhou, only officials given policing powers by the MOJ are empowered to demand this form of ID), here we have a poster in a public place, issued by Tokyo Metro, with all sorts of cutesy NJ happily complying with the rigmarole. After all, the small print notes that that these NJ are causing “all kinds of problems” (well, at least they’re being less demonized this time; making them well dressed and cute was a nice touch). And also after all, the slogan is “ru-ru o mamotte kokusaika” (internationalization done by the rules); which is fine, except it would be nice if the police followed their own rules regarding enforcement of Gaijin Card checks. Poster follows, courtesy of MMT and here, received June 23, 2011.  Arudou Debito

Rpl on Police Gaijin Card Check in Chitose Airport yesterday — with cops refusing to identify themselves and even getting physical

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign 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 report I received last night that left me feeling quite angry — at the NPA’s wanton disregard for their own rules and the laws that govern them. The common solutions suggested on Debito.org — that of carrying around and showing the police copies of the laws they must obey, and of demanding legally-entitled ID to keep the police officers accountable — seem to have been ineffectual yesterday at my local airport, Chitose New International (this after years ago having the same encounter myself there and deciding to make an issue of it with outside GOJ human rights organizations, again to no avail). I have no doubt in my mind that the NPA trains its police to racially profile, moreover to assume that NJ have no civil rights during questioning, as evidenced here. It’s a despicable and dangerous abuse of power, and unchecked it will only get worse. Read on. Arudou Debito

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

June 8, 2011

Hi Debito, I want to share my story written below with you and your readers.

I would like to share the story that happened to me today (June 8th) at New Chitose Airport.

It was 11h55am, I was sitting in the waiting area of the domestic arrival floor, JAL-B-2, waiting for my mother to arrive about 5 minutes later.

A supposed-policeman came to me, flashed a card for less than a second, and asked me to show him my passport. I initially said that if it was voluntary, I would like to be on my way instead. After asking him several times “itte mo ii desuka?” he finally said that I was not free to go or to be on my own and that he requires seeing my ID.

I asked why I was targeted for a control, as I was not doing anything, nor carrying any luggage or any object. He replied that he was checking on me because I was the only foreigner around. He didn’t care about my remark that he had no way to know who is foreigner or not just by looking at people’s face.

The shocking part of the story starts when I required seeing his police ID with his registration number. Even though I asked many times he always refused, pretending that only I was required to show an ID. After I refused to go to the Koban, he asked another policeman, in uniform this time, to come.

After at least ten minutes of the same dialogs again and again, I finally agreed to lead them to my car, about 200 meters away, where I kept my ARC [Gaijin Card].

I took my ARC in my hands flashing it to the policemen, but that was not enough, as they wanted to copy every information written on my ARC.

I then said that I would comply as soon as I would be shown their police ID, with their number written, so I could I least formulate a complaint afterwhile about their behaviour.

They continued to refuse to show me anything, and started to pressure me more and more to let them copy information from my ARC.

As I was carrying my mobile at all time, the non-uniform policeman then accused me of taking pictures of them and requested me to put my mobile in my pocket. I asked many times whether it is illegal to have my mobile phone in my hands, and they replied yes.

After they finished copying my ARC’s info, they finally let me go to meet my mother who had arrived. However, it was not finished, as the un-uniformed policeman followed me, and then requested me (in front of my mother and other random people inside the waiting area) to show every picture from my mobile’s data, as he was scared that I could have taken a picture of him. This lasted about 10 minutes, as he was checking every picture in detail, and even checked each pictures two times.

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

I know some of you will say that I should just have obeyed and followed all their orders.

However, don’t you think it is very strange that the policeman was so scared of being identified, be it by a picture or by his police card?

I mean, if they were not doing anything wrong they would not care about it.

But now this leaves me with no info on the policemen, and even no proof that the control even happened?

Of course I would like to file a formal complaint about the un-uniformed policeman (he was the leader, and also touched me physically many times to prevent me from using my mobile phone) ; but how can I do it without his ID number ??

Anybody here could advice how I could ID him from now on and how should I proceed for complaining about this situation ?

Thank you all in advance for your input. Best regards, Rpl

ENDS

TMC reports on TV Asahi “Super Morning” rupo re Shibuya Center Gai citizen patrols harassing buskers, NJ

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. I haven’t seen this program myself, but if the below is true, this is some pretty serious stuff: Officially-sanctioned and media-encouraged vigilanteism. Anyone else see the program in question or know about these citizen patrols and their haranguing ways? Arudou Debito

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

From: TMC
Subject: Discrimination in Shibuya’s Center Gai
Date: January 9, 2011

Dear Debito,

This is my first time contacting you but I have been reading your website for a long time. This may have already been brought to your attention but I thought I’d let you know anyway.

I was watching television on Friday morning (January 7th) and caught a segment featured on TV Asahi’s Super Morning about a citizen patrol operating in Shibuya’s Center Gai district that acts in an aggressive and belligerent manner. First, this group is shown breaking up a live music performance by young Japanese. Unlike what you would expect from such patrols, their manner of enforcing ward bylaws was extremely rude and invited escalation of the situation. Instead of simply telling the musicians to discontinue and wait for their response, the oyaji in charge of this band of bullies screamed at the kids like a yakusa to stop playing and continued haranguing them as they were dispersing. In contrast, the young musicians were not shown being argumentative at all.

The other disturbing scene occurred when this gang spotted an African male leaning on a guard rail. From a fair distance away, the patrol (composed of about six Japanese males dressed in their citizens patrol jackets) immediately went over, surrounded the guy and demanded that he pick up some cans that were on the ground next to him. Despite the fact that the African was doing nothing but leaning against a guard rail, they started barking at him (given their close distance to the African, their posture, numbers and tone, it could be perceived as very threatening). The African quite rightly took umbrage at the unprovoked intrusion and got into an argument that escalated into some pushing and shoving, with the African kicking some objects in the street. Eventually the police were called in to settle the dispute. Had it been some oyaji doing the same thing, I highly doubt the patrol would have done anything. In addition, I have so far never seen the police get that aggressive right off the bat in public.

From what I could tell the group was composed mainly of older men with a few younger ones included (two of which had lived in the US for a long time and were fairly fluent in English (as shown when they gave directions to some tourists) so it is ironic that they are spending their time hassling foreigners). Following the story, the panel (including Mr. Baseball’s son, Kazushige Nagashima) discussed how good it was that this group was cleaning up the area (complete with upbeat parade music playing in the background) and that more “ganko oyajis” like these were needed to make Tokyo neighborhoods safe for the elderly. There were no dissenting opinions of course. This use of aggressive vigilante groups that take liberties the cops generally don’t or can’t is disturbing. I think citizen patrols are great but strutting around like brownshirts targeting certain groups and causing trouble is definitely outside of their mandate. Sincerely, TMC

ENDS

Japan Times JBC/ZG Column Jan 4, 2010: “Arudou’s Alien Almanac 2000-2010” (Director’s Cut)

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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THE TOP TENS FOR 2010 AND THE DECADE
ZEIT GIST 54 / JUST BE CAUSE COLUMN 35 FOR THE JAPAN TIMES

justbecauseicon.jpg

The Japan Times, Tuesday, January 4, 2011
DRAFT NINE, VERSION AS SUBMITTED TO EDITOR (Director’s Cut, including text cut out of published article)
WORD COUNT FOR DECADE COLUMN #5-#2: 988 WORDS
WORD COUNT FOR 2010 COLUMN #5-#2: 820 WORDS

Download Top Ten for 2010 at http://search.japantimes.co.jp/cgi-bin/fl20110104ad.html
Download Top Ten for 2000-2010 at http://www.japantimes.co.jp/community/2011/01/04/general/arudous-alien-almanac-2000-2010/
Download entire newsprint page as PDF with excellent Chris Mackenzie illustrations (recommended) at http://www.japantimes.co.jp/life/images/community/0104p13.PDF

It’s that time again, when the JUST BE CAUSE column ranks the notable events of last year that affected Non-Japanese (NJ) in Japan. This time it’s a double feature, also ranking the top events of the past decade.

A TOP TEN FOR THE DECADE 2000-2010

5) THE OTARU ONSENS CASE (1999-2005)

This lawsuit followed the landmark Ana Bortz case of 1999, where a Brazilian plaintiff sued and won against a jewelry store in Hamamatsu, Shizuoka Prefecture, that denied her entry for looking foreign. Since Japan has no national law against racial discrimination, the Bortz case found that United Nations Convention on Racial Discrimination (CERD), which Japan signed in 1995, has the force of law instead. The Otaru case (Just Be Cause, Jun. 3, 2008) (in which, full disclosure, your correspondent was one plaintiff) attempted to apply penalties not only to an exclusionary bathhouse in Otaru, Hokkaido, but also to the Otaru city government for negligence. Results: Sapporo’s district and high courts both ruled the bathhouse must pay damages to multiple excluded patrons. The city government, however, was exonerated.

WHY THIS MATTERS: Although our government has repeatedly said to the U.N. that “racial discrimination” does not exist in Japan (“discrimination against foreigners” exists, but bureaucrats insist this is not covered by the CERD (JBC, Jun. 2, 2009)), the Otaru case proved it does, establishing a cornerstone for any counterargument. However, the Supreme Court in 2005 ruled the Otaru case was “not a constitutional issue,” thereby exposing the judiciary’s unwillingness to penalize discrimination expressly forbidden by Japan’s Constitution. Regardless, the case built on the Bortz precedent, setting standards for NJ seeking court redress for discrimination (providing you don’t try to sue the government). It also helped stem a tide of “Japanese Only” signs spreading nationwide, put up by people who felt justified by events like:

4) ISHIHARA’S SANGOKUJIN RANT (April 9, 2000)

Tokyo Gov. Shintaro Ishihara set the tone this decade with a calamitous diatribe to the Nerima Ground Self Defense Forces (ZG, Dec. 18, 2007), claiming that NJ (including “sangokujin,” a derogatory term for former citizens of the Japanese Empire) were in Japan “repeatedly committing heinous crimes.” Ishihara called on the SDF to round foreigners up during natural disasters in case they rioted (something, incidentally, that has never happened).

WHY THIS MATTERS: A leader of a world city pinned a putative crime wave on NJ (even though most criminal activity in Japan, both numerically and proportionately, has been homegrown (ZG, Feb. 20, 2007)) and even offered discretionary policing power to the military, yet he has kept his office to this day. This speech made it undisputedly clear that Ishihara’s governorship would be a bully pulpit, and Tokyo would be his turf to campaign against crime — meaning against foreigners. This event emboldened other Japanese politicians to vilify NJ for votes, and influenced government policy at the highest levels with the mantra “heinous crimes by bad foreigners.” Case in point:

3) THE SECOND KOIZUMI CABINET (2003-2005)

Once re-elected to his second term, Prime Minister Junichiro Koizumi got right down to business targeting NJ. No fewer than three Cabinet members in their opening policy statements mentioned foreign crime, one stressing that his goal was “making Japan the world’s safest country again” — meaning, again, safe from foreigners (ZG, Oct. 7, 2003).

WHY THIS MATTERS: Despite being one of Japan’s most acclaimed prime ministers, Koizumi’s record toward NJ residents was dismal. Policies promulgated “for the recovery of public safety” explicitly increased the peace for kokumin (Japanese nationals) at the expense of NJ residents. In 2005, the “Action Plan for Pre-Empting Terrorism” (ZG, May 24, 2005) portrayed tero as an international phenomenon (ignoring homegrown examples), officially upgrading NJ from mere criminals to terrorists. Of course, the biggest beneficiaries of this bunker mentality were the police, who found their powers enhanced thusly:

2) THE POLICE CRACKDOWNS ON NJ (1999- present)

After May 1999, when their “Policy Committee Against Internationalization” (sic) was launched, the National Police Agency found ample funding for policies targeting NJ expressly as criminals, terrorists and “carriers of infectious diseases.” From NPA posters depicting NJ as illegal laborers, members of international criminal organizations and violent, heinous crooks, campaigns soon escalated to ID checks for cycling while foreign (ZG, Jun. 20, 2002), public “snitch sites” (where even today anyone can anonymously rat on any NJ for alleged visa violations (ZG, Mar. 30, 2004)), increased racial profiling on the street and on public transportation, security cameras in “hotbeds of foreign crime” and unscientific “foreigner indexes” applied to forensic crime scene evidence (ZG, Jan. 13, 2004).

Not only were crackdowns on visa overstayers (i.e., on crimes Japanese cannot by definition commit) officially linked to rises in overall crime, but also mandates reserved for the Immigration Bureau were privatized: Hotels were told by police to ignore the actual letter of the law (which required only tourists be checked) and review every NJ’s ID at check-in (ZG, Mar. 8, 2005). Employers were required to check their NJ employees’ visa status and declare their wages to government agencies (ZG, Nov. 13, 2007). SDF members with foreign spouses were “removed from sensitive posts” (ZG, Aug. 28, 2007). Muslims and their friends automatically became al-Qaida suspects, spied on and infiltrated by the Tokyo Metropolitan Police (ZG, Nov. 9).

There were also orgiastic spending frenzies in the name of international security, e.g., World Cup 2002 and the 2008 Toyako G-8 Summit (JBC, Jul. 1, 2008). Meanwhile, NJ fingerprinting, abolished by the government in 1999 as a “violation of human rights,” was reinstated with a vengeance at the border in 2007. Ultimately, however, the NPA found itself falsifying its data to keep its budgets justified — claiming increases even when NJ crime and overstaying went down (ZG, Feb. 20, 2007). Hence, power based upon fear of the foreigner had become an addiction for officialdom, and few Japanese were making a fuss because they thought it didn’t affect them. They were wrong.

WHY THIS MATTERS: The NPA already has strong powers of search, seizure, interrogation and incarceration granted them by established practice. However, denying human rights to a segment of the population has a habit of then affecting everyone else (ZG, Jul. 8, 2008). Japanese too are now being stopped for bicycle ID checks and bag searches under the same justifications proffered to NJ. Police security cameras — once limited to Tokyo “foreigner zones” suchas Kabukicho, Ikebukuro and Roppongi — are proliferating nationwide. Policing powers are growing stronger because human rights protections have been undermined by precedents set by anti-foreigner policies. Next up: Laws preventing NJ from owning certain kinds of properties for “security reasons,” further tracking of international money transfers, and IC-chipped “gaijin cards” readable from a distance (ZG, May 19, 2009).

1) THE DROP IN THE REGISTERED NJ POPULATION IN 2009

For the first time in 48 years, the number of foreigners living in Japan went down. This could be a temporary blip due to the Nikkei repatriation bribe of 2009-2010 (ZG, Apr. 7, 2009), when the government offered goodbye money only to foreigners with Japanese blood. Since 1990, more than a million Brazilians and Peruvians of Japanese ancestry have come here on special visas to help keep Japan’s industries humming cheaply. Now tens of thousands are pocketing the bribe and going back, giving up their pensions and becoming somebody else’s unemployment statistic.

WHY THIS MATTERS: NJ numbers will eventually rise again, but the fact that they are going down for the first time in generations is disastrous. For this doesn’t just affect NJ – it affects everyone in Japan. A decade ago, both the U.N. and Prime Minister Keizo Obuchi stated that Japan needs 600,000 NJ a year net influx just to maintain its taxpayer base and current standard of living. Yet a decade later, things are going in exactly the opposite way.

It should be no surprise: Japan has become markedly unfriendly these past ten years. Rampant and unbalanced NJ-bashing have shifted Japanese society’s image of foreigner from “misunderstood guest and outsider” to “social bane and criminal.” Why would anyone want to move here and make a life under these conditions?

Despite this, everyone knows that public debt is rising while the Japanese population is aging and dropping. Japan’s very economic vitality depends on demographics. Yet the only thing that can save Japan – a clear and fair policy towards immigration – is taboo for discussion (JBC, Nov. 3, 2009). Even after two decades of economic doldrums, it is still unclear whether Japan has either the sense or the mettle to pull itself up from its nosedive.

The facts of life: NJ will ultimately come to Japan, even if it means that all they find is an elderly society hanging on by its fingernails, or just an empty island. Let’s hope Japan next decade comes to its senses, figuring out not only how to make life here more attractive for NJ, but also how to make foreigners into Japanese.

ENDS

Bubbling under for the decade: U.N. Rapporteur Doudou Diene’s 2005 and 2006 visits to Japan, where he called discrimination in Japan “deep and profound” (ZG, Jun. 27, 2006); Japan’s unsuccessful 2006 bid for a U.N. Security Council seat—the only leverage the U.N. has over Japan to follow international treaty; the demise of the racist “Gaijin Hanzai” magazine and its publisher thanks to NJ grassroots protests (ZG, Mar. 20, 2007); the “Hamamatsu Sengen” and other statements by local governments calling for nicer policies towards NJ (ZG, Jun. 3, 2008); the domination of NJ wrestlers in sumo; the withering of fundamental employers of NJ, including Japan’s export factories and the eikaiwa industry (ZG, Dec. 11, 2007).

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A TOP TEN FOR 2010

5) RENHO BECOMES FIRST MULTIETHNIC CABINET MEMBER (June 8 )

Japanese politicians with international roots are few but not unprecedented. But Taiwanese-Japanese Diet member Renho’s ascension to the Cabinet as minister for administrative reforms has been historic. Requiring the bureaucrats to justify their budgets (famously asking last January, “Why must we aim to develop the world’s number one supercomputer? What’s wrong with being number two?”), she has been Japan’s most vocal policy reformer.

WHY THIS MATTERS: Few reformers are brave enough to withstand the national sport of politician-bashing, especially when exceptionally cruel criticism began targeting Renho’s ethnic background. Far-rightist Diet member Takeo Hiranuma questioned her very loyalty by saying, “She’s not originally Japanese.” (Just Be Cause, Feb. 2) Tokyo Gov. Shintaro Ishihara expanded the focus by claiming people in the ruling coalition had foreign backgrounds, therefore were selling Japan out as a “duty to their ancestors” (JBC, May 4). Fortunately, it did not matter. In last July’s elections, Renho garnered a record 1.7 million votes in her constituency, and retained her Cabinet post regardless of her beliefs, or roots.

4) P.M. KAN APOLOGIZES TO KOREA FOR 1910 ANNEXATION (August 10)

After all the bad blood between these strikingly similar societies, Japan’s motion to be nice to South Korea was remarkably easy. No exploitable technicalities about the apology being unofficial, or merely the statements of an individual leader (as was seen in Prime Minister Tomiichi Murayama’s apologies for war misdeeds, or Cabinet Secretary Yohei Kono’s “statement” about “comfort women” – itself a euphemism for war crimes) — just a prime minister using the opportunity of a centennial to formally apologize for Japan’s colonial rule of Korea, backed up by a good-faith return of war spoils.

WHY THIS MATTERS: At a time when crime, terrorism and other social ills in Japan are hastily pinned on the outside world, these honest and earnest reckonings with history are essential for Japan to move on from a fascist past and strengthen ties with the neighbors. Every country has events in its history to be sorry for. Continuous downplaying — if not outright denial by nationalistic elites — of Japan’s conduct within its former empire will not foster improved relations and economic integration. This applies especially as Asia gets richer and needs Japan less, as witnessed through:

3) TOURIST VISAS EASED FOR CHINA (July 1)

Despite a year of bashing Chinese, the government brought in planeloads of them to revitalize our retail economy. Aiming for 10 million visitors this year, Japan lowered visa thresholds for individual Chinese to the point where they came in record numbers, spending, according to the People’s Daily, 160,000 yen per person in August.

WHY THIS MATTERS: Wealthy Chinese gadding about while Japan faced decreasing salaries caused some bellyaching. Our media (displaying amnesia about Bubble Japan’s behavior) kvetched that Chinese were patronizing Chinese businesses in Japan and keeping the money in-house (Yomiuri, May 25), Chinese weren’t spending enough on tourist destinations (Asahi, Jun. 16), Chinese were buying out Japanese companies and creating “Chapan” (Nikkei Business, Jun. 21), or that Chinese were snapping up land and threatening Japan’s security (The Japan Times, Dec. 18). The tone changed this autumn, however, when regional tensions flared, so along with the jingoism we had Japanese politicians and boosters flying to China to smooth things over and keep the consumers coming.

Let’s face it: Japan was once bigger than all the other Asian economies combined. But that was then — 2010 was also the year China surpassed Japan as the world’s second-largest economy. Japan can no longer ignore Asian investment. No nationalistic whining is going to change that. Next up: longer-duration visas for India.

2) NJ PR SUFFRAGE BILL GOES DOWN IN FLAMES (February 27)

The ruling coalition sponsored a bill last year granting suffrage in local elections to NJ with permanent residency (ZG, Feb. 23) — an uncharacteristically xenophilic move for Japan. True to form, however, nationalists came out of the rice paddies to deafen the public with scare tactics (e.g., Japan would be invaded by Chinese, who would migrate to sparsely-populated Japanese islands and vote to secede, etc.). They then linked NJ suffrage with other “fin-de-Japon” pet peeves, such as foreign crime, North Korean abductions of Japanese, dual nationality, separate surnames after marriage, and even sex education.

WHY THIS MATTERS: The campaign resonated. Months after PR suffrage was moribund, xenophobes were still getting city and prefectural governments to pass resolutions in opposition. Far-rightists used it as a political football in election campaigns to attract votes and portray the Democratic Party of Japan (DPJ) as inept.

They had a point: How could the DPJ sponsor such a controversial bill and not rally behind it as criticisms arose? Where were the potential supporters and spokespeople for the bill, such as naturalized Diet member Marutei Tsurunen? Why were the xenophobes basically the only voice heard during the debate, setting the agenda and talking points? This policy blunder will be a huge setback for future efforts to promote human rights for and integration of NJ residents.

Bubbling under for the year: Oita High Court rules that NJ have no automatic right to welfare benefits; international pressure builds on Japan to sign the Hague Convention on Child Abduction; Tokyo Metropolitan Police spy on Muslims and fumble their secret files to publishers; America’s geopolitical bullying of Japan over Okinawa’s Futenma military base undermines the Hatoyama administration (JBC, Jun. 1); Ibaraki Detention Center hunger strikers, and the Suraj Case of a person dying during deportation, raise questions about Immigration Bureau procedure and accountability.
ENDS

Discussion: As a person with NJ roots, is your future in Japan? An essay making the case for “No”.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=Foreign Residents and Naturalized Citizens Association forming NGO\" width=「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. More woolgathering on the past decade, as the end of the year approaches:

I’m hearing increasing discontent from the NJ Community (assuming quite presumptuously there is one able to speak with a reasonably unified voice) about living in Japan.

Many are saying that they’re on their way outta here.  They’ve had enough of being treated badly by a society that takes their taxes yet does not respect or protect their rights.

To stimulate debate, let me posit with some flourish the negative case for continuing life in Japan, and let others give their own arguments pro and con:

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

It’s becoming increasingly difficult to expect people to want to immigrate to Japan, given the way they are treated once they get here.

We have racial profiling by the Japanese police, where both law allows and policy sanctions the stopping of people based upon having a “foreign appearance”, such as it is, where probable cause for ID checks anywhere is the mere suspicion of foreigners having expired visas.

We have rampant refusals of NJ by landlords and rental agencies (sanctioned to the point where at least one realtor advertises “Gaijin OK” apartments), with the occasional private enterprise putting up “Japanese Only” signs, and nothing exists to stop these acts that are expressly forbidden by the Japanese Constitution.  Yet now fifteen years after effecting the UN Convention on Racial Discrimination, Japan still has no law against it either on the books or in the pipeline.

With recent events both with the Northern Territories, the Takeshima/Tokdo rocks, and the Senkakus, we have a rising reactionary xenophobic wave justifying itself upon creating a stronger Japan to “protect sovereignty” through anti-foreign sloganeering. This is is very visible in the reaction to the proposed suffrage for Permanent Residents bill, which went down in flames this year and is still inspiring people to ask their local assemblies to pass “ikensho” expressly in opposition (I was sent one yesterday afternoon from a city assembly politician for comment).  Bashing NJ has become sport, especially during election campaigns.

We have people, including elected officials, claiming unapologetically that even naturalized Japanese are “not real Japanese”, with little reprisal and definitely no resignations.

We have had the NPA expressly lying and the media blindly reporting about “foreign crime rises” for years now, even as crime falls.

And we are seeing little future return on our investment: Long-term NJ bribed by the GOJ to return “home” and give up their pensions, and the longest wait to qualify for the pension itself (25 years) in the industrialized world. With the aging society and the climbing age to get it (I have little doubt that by the time I am old enough, currently aged 45, that the age will be around 70 or so), and Japan’s postwar Baby Boomers soon qualifying themselves, looks likely there won’t be much left in the public coffers when it happens.

Yet we still have little acknowledgment by our government of all that NJ and immigrants have done for this society.  Instead, the image of NJ went quite markedly from “misunderstood guest and outsider” to “criminal threat to Japan’s safe society” this decade.

Why stay in a society that officially treats its people of diversity with such suspicion, derision and ingratitude?, is a case that can be made.  Especially other NJ are getting the message and leaving — the NJ population dropped in 2009 for the first time since 1961.  As salaries keep dropping in a deflationary economy, even the financial incentives for staying in an erstwhile more hospitable society are evaporating.

That’s the negative case that can be made.  So let me posit a question to Debito.org Readers (I’ll create a blog poll to this effect):

Do you see your future as living in Japan?

  1. Definitely yes.
  2. Probably yes for the foreseeable future, but things might change.
  3. Uncertain, is all I can say.
  4. Leaning towards a probable no.
  5. Definitely no.
  6. Something else.
  7. N / A: I don’t live or will not live in Japan.

Let’s see what people think. I’ll leave this up as the top post until Tuesday or so, depending on how hot the discussion gets. Arudou Debito

Speaking PGL 2010 Sat Dec 4 ICU on “Propaganda in Japan’s Media: Manufacturing Consent for National Goals at the Expense of non-Japanese Residents”

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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PGL Conference 2010
International Christian University, Tokyo

The Conference
The 3 R’s: Resist Business as Usual, Reclaim Space for Peace,
Revolutionise Public Consciousness

Room Number & General Theme
Media – Room 252
Saturday, December 4, Session 3 (3.15 – 4.45)

Paper Presentation Titles
Folake Abass, Kyoto Sangyo University (30 mins)
Exploring Injustice

Arudou Debito, Hokkaido Information University (60 mins)

Propaganda in Japan’s Media: Manufacturing Consent for National Goals at the Expense of non-Japanese Residents

https://sites.google.com/site/pgl2010/home/schedule

1. Paper title

PROPAGANDA IN JAPAN’S MEDIA
MANUFACTURING CONSENT FOR NATIONAL GOALS AT THE EXPENSE OF NJ RESIDENTS

2. Abstract in English

Japan has one of the most vibrant and pervasive domestic media environments in the world. This media environment can also be significantly manipulated by the Japanese government, mobilizing Japanese public opinion towards national goals even at the expense of domestic minorities — particularly non-citizens. The degree of underrepresentation and disenfranchisement of Non-Japanese residents in Japan is clear when one studies the “foreign crime wave of the 2000s”, promoted by the government in the name of “making Japan the world’s safest country again”, justifying public policy against “foreign terrorism, infectious diseases, and crime”. The domestic media’s complicity in publicizing anti-foreign sentiment without analysis has caused quantifiable social dehumanization; government polls indicate a near-majority of citizens surveyed do not agree that non-citizens should have the same human rights as citizens. This presentation studies how language and media have been used as a means for disseminating propaganda in Japan, fostering social stratification, alienation, and xenophobia.

ENDS

Yomiuri: ‘Leaked MPD data’ out as book / Documents published as is; names of police, NJ informants revealed

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.  This breaking news from the weekend compounds just how sinister the activities of the Japanese police can be.  First spying on people in the name of combating terrorism because they’re Muslims or connected to Muslims, then losing control of the information to the point where it becomes a book on sale to the public.  Shame on you, Metropolitan Police Department.  Imagine how big a scandal this would have been if Japanese people had been treated similarly.

Now, of course, since this is embarrassing to the police, the book (as per checks with Amazon.co.jp and an in-person check at Kinokuniya Sapporo yesterday) is no longer being sold.  Good.  But that sure was quick, compared to how much comparative time and effort it took for the Gaijin Hanzai Ura Files Mook in 2007 (which I believe the police contributed information to) to go off-market.  Seems to me less the need to protect individual NJ than for the police to cover their collective ketsu.  Whatever.  The book is off the market.  The materials for it shouldn’t have been collected in the first place.  Arudou Debito

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‘Leaked MPD data’ out as book / Documents published as is; names of police, informants revealed

The Yomiuri Shimbun (Nov. 28, 2010)
http://www.yomiuri.co.jp/dy/national/T101127002588.htm

A Tokyo publishing house has released a book containing what are believed to be Metropolitan Police Department antiterrorism documents that were leaked onto the Internet last month.

Released by Dai-San Shokan Thursday, the book contains the personal information of Muslim residents in this country, such as their names and addresses.

Akira Kitagawa, president of the publisher, said he decided to put out the book “to raise questions about the laxity of the police’s information control system.”

The documents in question are thought to have been leaked via file-sharing software on Oct. 28. The book is printed in the same format as the documents.

One foreign resident whose name and address are listed in the book has called for it to be immediately recalled from bookstores. However, since the MPD has not officially admitted a leak took place, they cannot suspend publication or take other measures.

The 469-page book, titled “Ryushutsu ‘Koan Tero Joho’ Zen Deta” (Leaked police terrorism info: all data), is on sale at some bookstores, but several major publishing agents have refused to distribute it.

If the documents are authentic, the book contains the names and photos of foreign residents being monitored by the 3rd Foreign Affairs Division at the Public Security Bureau of the MPD, the names of people who have cooperated with the police, and the photos and addresses of police officers involved in terrorism investigations.

One African man whose name and those of his family are in the book told The Yomiuri Shimbun he was worried how this would affect his family, and that he wanted the police to halt the book’s publication. He said he had not yet seen the book.

The MPD maintains it is still investigating the case, and has not confirmed whether the information is authentic. A senior police official said, “At present, it’s difficult for the MPD to protest the publication or demand its suspension.”

Masao Horibe, professor emeritus at Hitotsubashi University, said the publication of the data in book form could be called a human rights violation since it increases its distribution, even though the information was already available on the Internet.

“Some might argue people have the freedom to publish or know about the data. But this book is just raw unedited data, not like a newspaper would carry. I think it’s questionable whether the publication of this book is in the public interest,” he said.

Author Go Egami said the police should halt publication of the book and admit the leaked data was genuine, because its authenticity is obvious to anyone who has seen it.

“I think the government neglected the [terror information] leak because they were distracted by the coast guard’s trouble with the Chinese fishing boat,” he said.
ENDS

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‘MPD data’ book wreaks havoc / Foreign residents who had private info exposed express fear, anger
The Yomiuri Shimbun (Nov. 29, 2010), Courtesy of JK

http://www.yomiuri.co.jp/dy/national/T101128002788.htm

People who saw their personal information published last week in a book containing what is believed to be police antiterrorism documents are expressing anger and fear over the fallout they could face.

Many foreign residents had their photos and family members’ names revealed in the book, which some bookstores have removed from their shelves. It also carries personal information about investigators of the Metropolitan Police Department’s Public Security Bureau, as well as data on police informants.

It has been about one month since the suspected leak came to light, but the MPD has yet to confirm the data belongs to the department, only saying it is still verifying the validity of the documents. The police have not taken any action, such as requiring the publisher to stop sales of the book.

Experts have called on the MPD to quickly admit the data is real and take action.

Published by Tokyo publishing house Dai-San Shokan, the 469-page book is titled “Ryushutsu ‘Koan Tero Joho’ Zen Deta” (Leaked police terrorism info: all data) and hit the shelves Thursday.

The book carries the names, photos and addresses of foreign residents who have apparently been subject to MPD investigations, as well as those of MPD bureau investigators in charge of international terrorism.

An African man living in the Kanto region whose photo and family members’ names were carried in the book said: “After the documents were leaked online, a disease I’ve had for a long time got worse because of the stress. I’m shocked the information became a book so soon. I was just trying to forget about it.”

Another foreign resident of Tokyo said his home telephone number was carried in the book. “The publishing company didn’t contact me in advance. Now that the information’s in a book–not just on the Internet–I wonder what’ll happen to me and my family?” he said.

The book is on sale in Tokyo bookstores and via other channels, but some retailers have voluntarily decided not to sell copies. The Shinjuku branch of Kinokuniya Co. put 60 copies on sale Saturday morning, only to take it off the shelves when it realized the contents were inappropriate, but not before several copies had been sold.

MPD making no progress

The MPD did not notice the leak until Oct. 29 when it received a tip from a private telecommunications firm. Since then, the MPD’s position has been that it is verifying whether the data found online were in fact internal documents.

The MPD is stuck, because if it admits internal information was leaked, it will likely lose the trust of foreign authorities, according to a senior MPD official. One document contains an apparent request by the U.S. Federal Bureau of Investigation for cooperation in investigations.

The entire MPD is involved in the investigation into the leak–not only the Public Security Bureau but also the Personnel and Training Bureau, which investigates scandals involving police officers, and the Administration Bureau, which is in charge of information control.

A former senior official of the Public Security Bureau said “the data is absolutely the bureau’s internal documents” and includes top secret items. The data was leaked onto the Internet through a server in Luxembourg, making it difficult for investigators to track where it originated. The MPD has asked the company operating the server for cooperation, but it has yet to be given any communications records.

The MPD maintains it is unable to take any action against the publisher because it has not officially confirmed the data came from the organization.

Police appear to be divided on how to handle the problem. Some say the MPD should never admit a leak occurred, but others believe they should admit at least part of the documents are internal and take necessary action as soon as possible.

The data has continued to spread online across the globe via file-sharing software. NetAgent Co., a Tokyo private information security firm, said as of Thursday, the data had been downloaded onto 10,285 computers in 21 countries and regions.
ENDS

Japan Times: Leaked documents reveal Tokyo Police spies on Muslim residents, tries to make snitches of them

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.  In probably one of the most important developments of the year (thanks again to the Japan Times Community Page, consistently offering one great expose after another), we have actual substantiation of the Tokyo Police extending their racial profiling techniques to target Muslim residents of Japan.  Not only are they spying on them and keeping detailed files, they are trying to turn them against one another as if they’re all in cahoots to foment terrorism.

We all suspected as such (the very day I naturalized, I got a personal visit from Japan’s Secret Police asking me to inform on any Chinese overstayers I might happen to know; they said they read Debito.org — perhaps as assiduously as some of my Internet stalkers).  Now we have proof of it.  Shame, shame on a police force that has this much unchecked power.  Do I smell a return to Kenpeitai tactics?  Arudou Debito

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The Japan Times Tuesday, Nov. 9, 2010
THE ZEIT GIST
Muslims in shock over police ‘terror’ leak
Japan residents named in documents want explanation — and apology — from Tokyo police force

By DAVID McNEILL

This time last month, Mohamed Salmi says he was just another anonymous foreigner living and working in Japan. Today he fears his life here may be over, and receives phone calls from reporters asking him if he is an al-Qaida “terrorist.”

“I’ve no idea why they have picked on me,” says the Algerian, who has lived and worked in Japan for over 20 years and is married to a Japanese national. “My wife and I are still struggling to believe it.”

Salmi’s name was one of several released in extraordinary leaked documents from a counterterrorism unit of the Tokyo Metropolitan Police Department’s Public Security Bureau. Listed as “terrorist suspects,” the men are Muslims who live and work here, in many cases for decades.

The documents, which have been obtained by The Japan Times, contain vast amounts of personal information, including birthplaces, home and work addresses, names and birthdays of spouses, children and associates, personal histories and immigration records. Even the names of local mosques visited by the “suspects” are included.

In most cases, the causes of the initial police suspicion appear to have simple explanations. Salmi’s former work as a travel agent placed him in contact with Arab students, businessmen and diplomats.

“I had a lot of ambassadors as clients,” says the 47-year-old, who now works for a Japanese construction company. “I can’t believe this is enough to put me on a list of suspects.”

Apparently released via file-sharing software, the files and the background on how they were compiled reveal that Japanese police, under pressure from U.S. authorities, trawled Tokyo in the aftermath of Sept. 11, 2001, in search of intelligence data among the city’s tiny Muslim community. According to victims of the leak, in some cases the Security Bureau tried to recruit them as spies…

Rest of the article at
http://search.japantimes.co.jp/cgi-bin/fl20101109zg.html

Ministry of Justice website justifying crime prevention measures due to “frequent occurrence of serious crimes committed by foreign nationals and increase in transnational crimes”

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 what Debito.org has been saying all along (see here, here, here, here, here, here, here, here, here, and here): The policing agencies are justifying any programs dealing with crime by blaming it on the foreigners.

As a source, here’s the Ministry of Justice itself in unrepentant Bunker Mentality Mode. It’s hard not to read this as, “We were a safe society until the foreigners came along and spoiled everything for us. So now we have to crack down on the foreigners and Japanese who deal with them.” Great. Of course, we have no purely homegrown crime here, such as the Yaks, right? Why is “Recovery of Public Safety” so firmly linked in “foreigner issues”? Because they’re a soft target, that’s why. Read on and try to suppress a wry smirk. Arudou Debito

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

THE MINISTRY OF JUSTICE
Recovery of public safety

Undated article, courtesy of XY, English original
http://www.moj.go.jp/ENGLISH/issues/issues04.html

In the past Japan was proud of its image in the world of being an exceptionally safe country, but in recent years, the number of criminal cases that have been identified by the authorities has increased remarkably, while the clearance rate has dropped drastically and remains at a very low level, which makes the deterioration of public safety an issue of grave concern to the nation. In particular, exceptionally violent crimes attracting public attention and the occurrence close at hand of many offences committed by youngsters or by foreign nationals coming to Japan are making people uneasy about the maintenance of public order. In addition, since computers and high-level information technology such as the Internet have become a common feature of daily life, new crimes abusing such advanced technology have risen in number. Further, effective measures against international terrorism such as the multiple terrorist attacks on the United States, and efforts toward solving problems concerning the abduction of Japanese nationals by North Korea, are needed.

Under such circumstances, the Government, aiming at restoration of Japan as “the safest country in the world”, inaugurated the Ministerial Meeting Concerning Measures against Crime, which formulated in December 2003 “The Action Plan for the Realization of a Society Resistant to Crime”, and the Conference is actively promoting comprehensive measures such as various countermeasures against crime including shoreline countermeasures, the consolidation of a social environment under which it is difficult to commit crimes, and the strengthening of the structure of agencies and organs responsible for public safety.

Based on the important issues shown in this plan (Action Plan for the Realization of a Society Resistant to Crime), the Ministry of Justice submitted the Bill for Partial Amendment to the Penal Code and other related laws to the Diet, which raised the terms of statutory penalties for heinous and serious crimes and extended the statute of limitations for prosecution, and this Law has been in force since the beginning of 2005. Further, the Ministry of Justice, in order to better protect the economy and society from organized crime and suchlike, is engaged in getting legislation passed, including criminal provisions, to combat the obstruction of compulsory execution, which is also necessary for ratification of the United Nations Convention against Transnational Organized Crime; as well as legislation for measures against high-tech crimes, thereby enabling ratification of the Council of Europe Convention on Cybercrime.

In order to deal effectively with the frequent occurrence of serious crimes committed by foreign nationals and the increase in the number of transnational crimes, it is necessary to make the procedure for gathering evidence from abroad more effective and to enhance cooperation between the investigative authorities of foreign countries and Japan. As part of such enhancement of cooperation, the Japanese Government has concluded the Treaty between Japan and the United States of America on Mutual Legal Assistance in Criminal Matters (entered into force on 21 July 2006) and the Treaty between Japan and Korea on Mutual Legal Assistance in Criminal Matters (entered into force on 26 January 2007). These treaties have made it possible to send and receive requests not through diplomatic channel but directly between the Ministry of Justice or other competent authorities of Japan and the Ministry of Justice of respective countries, enabling the expediting of procedures. The Japanese Government is also negotiating with Hong Kong, Russia and China to conclude the Treaty on Mutual Legal Assistance in Criminal Matters. The Ministry of Justice is in the position of developing cooperation with other countries in the future.

The Bill for Partial Amendment to the Penal Code and Other Related Laws has been submitted to the 2005 Ordinary Session of the Diet, which is necessary to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and to cope with the modern crime of violation of the right to liberty, for example, confinement for long periods and the heinous kidnapping of minors, and this Law has been in force since July 2005.

In order to stabilize the public security of the nation, preventing the re-offending of offenders who have committed crimes or delinquency is also important.

Penal institutions including prisons, juvenile prisons and detention houses, are now suffering from a severe overcrowding of inmates and it is thought that this may adversely affect the treatment given by the institutions. Therefore the Ministry is striving to solve the problem by such means as the construction of prisons using private financial initiatives (PFI). Furthermore, in order to find a way to enable the large numbers of Chinese inmates, who are one of the causes of overcrowding, to be transferred to their home country, the Ministry, in collaboration with the Ministry of Foreign Affairs, is working toward early conclusion of a bilateral treaty between Japan and China and continues dialogues with China.

In addition, the Ministry is striving to prevent inmates from re-offending by improving the treatment programs for the rehabilitation and smooth resocialization of inmates.

In the field of rehabilitation of offenders in the community, the Ministry of Justice is aiming to smoothly enforce the Offenders Rehabilitation Act, which was passed by the Diet and was promulgated in June 2007 and to ensure fair application of the Act in order to improve and strengthen the offenders rehabilitation system in the community.

The Offenders Rehabilitation Act shall be enforced on a date which is specified by a Cabinet Order within a period not exceeding one year from the day of promulgation (June 15, 2007). However, some articles of the Act which relate to support of crime victims were already enforced on December 1, 2007. In order to carry out balanced probation, parole, and improvement of the system of cooperation between rehabilitation workers in the private sector such as volunteer probation officers, and public officers, the Ministry of Justice is striving to strictly enforce the lower laws and ordinances which lay down the detailed regulations of the bill of the Offenders Rehabilitation Act. In addition, the Rehabilitation Bureau is endeavoring to establish strong rehabilitation of offenders in the community in a way which will fulfill the expectations of the citizens in the future.

To ensure balanced and effective probation, the Ministry of Justice implements the following from the viewpoint of the appropriate roles for probation officers and volunteer probation officers: guidance and assistance by probation officers who give direct and intensive supervision to persons who need special consideration for treatment, reinforcement of direct participation by probation officers for persons who need focused treatment, implementation of special treatment programs for sex offenders, violent offenders and drug abusers. In addition, assisting in securing employment is extremely important to prevent re-offending. Therefore, the Ministry of Justice promotes finding employment together with public employment security offices to support probationers and parolees in finding work, promotes measures for work security in a variety of industries and fields through cooperation with the ministries concerned, and promotes the National Halfway House Project.

Concerning antiterrorism measures, the Immigration Control and Refugee Recognition Act (hereinafter to be referred to as the Immigration Control Act), was revised in the regular session of the Diet in 2005 in order to include new counter-terrorism measures, based on the Action Plan for the Prevention of Terrorism (decided on December 10, 2004 by the Headquarters for the Promotion of Countermeasures against International Terrorism including International Organized Crime) and the amended Act entered into effect in December of 2005.

Further, according to the plan, the ordinary Diet Session in 2006 amended the Immigration Control Act. The revision included the introduction of (i) regulations requiring foreign nationals to provide fingerprints and other personal identification at the landing examination, (ii) regulations regarding the grounds for deportation of foreign terrorists, and (iii) regulations requiring the captains of ships and other vessels entering Japan to report in advance information regarding crewmembers and passengers.

With regard to North Korea, the Public Security Intelligence Agency is collecting and analyzing information such as abduction, nuclear and missile issues, in order to contribute to providing solutions. Further, the Agency is endeavoring to consolidate its intelligence collection mechanism by intensifying and expanding its intelligence network and its cooperation with foreign intelligence agencies in order to prevent the occurrence of terrorist attacks by international terrorist organizations, and to clarify the actual state of such organizations as well as to detect international terrorism related activities in Japan, while making efforts to actively promote the Government’s “Action Plan for the Prevention of Terrorism” with other agencies and organizations concerned. With regard to Aum Shinrikyo (the Aum cult), taking into consideration that there is no fundamental change in its dangerous nature even after the cult split into the main stream group and the Joyu group in May 2007, the Agency is strictly implementing the measure to place the groups under surveillance thereby clarifying the organizations themselves and their activities and providing local governments at their request with the results of the surveillance, thus trying to secure the safety of the public and ease the fears and the anxiety of the Japanese people.

(Criminal Affairs Bureau, Correction Bureau, Rehabilitation Bureau, Immigration Bureau, Public Security Intelligence Agency, and Public Security Examination Commission)
ENDS

Eyewitness report on how NPA is targeting NJ in Gotanda as security risk for APEC Summit in Yokohama

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.  In case you haven’t heard, the latest APEC Summit is coming up in Yokohama this weekend.  Aside from the regular boilerplate on places like NHK about how we’re gearing up to greet and communicate effectively with foreigners (with some smattering on the security measures — cops on every corner looking busy and alert etc.), we once again are hearing next to nothing (if any media is talking about this, please send source) about how security means targeting NJ as potential criminals and terrorists.

It’s one thing to have Police State-style lockdowns.  It’s another matter of great concern to Debito.org for those lockdowns to encourage racial profiling.  This seems to happen every time we have any major international summitry (see past articles here, here, here, and here), and as usual no media seems to question it.  An eyewitness account redacted only in name that happened last week in Gotanda, Tokyo, quite a distance from the Yokohama site, follows.  Anyone else out there getting racially profiled and zapped by the fuzz?  Make sure you mention the whens and wheres, please.  Thanks.  Arudou Debito

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

November 5, 2010

Hey Debito, Just to keep you abreast of a recent NPA excuse for a ‘stop and search’ shambles, here’s my story.

I have been living in Tokyo for around eight years now and this was the first time I have ever been stopped. I was on my way to meet a client in Gotanda in Tokyo on November 3rd and as I went through the ticket gate at approximately XXXpm [daytime] there were two regular police officers waiting on the other side. I saw one of them clock me and registered that he had decided to stop me for whatever purpose. Resigned to my fate, I watched him beeline his way towards me and gesture for me to stop. I took out my earbuds and responded to his question (“Can you speak Japanese?”) with a polite, “just a little.” Suprisingly, he then spoke English to me and continued to do so for the rest of the time I was delayed (I am not a fluent speaker of Japanese so I was quite happy to stay in my native tongue rather than struggle along with what little I know). First he asked if I had any I.D. such as a passport or Registration Card so I obligingly opened my bag, got out my wallet, closed my bag and handed him my I.D. I then asked him why he had stopped me and what he said was, and still is, the shocker of this whole story for me. He said that they were stopping foreigners “because of the APEC meeting being held in Yokohama.” I will refrain from launching into what I think about this ridiculous statement but I’m sure you can imagine my chagrin, so to speak. When I asked him why he had chosen to stop me, he then said that they were focusing on searching foreigners bags for “dangerous goods” and asked if it wouldn’t be too much trouble to have a look inside my bag. I said no, he couldn’t look inside my bag. He was a bit flummoxed at this and had to gather himself in order to proceed correctly. First he called over his sidekick and asked him to fill in the relevant form with my Registration details – sidekick obviously hadn’t done this before as he had a hard time guessing which bits of info to write down and had to check more than twice with the guy I was dealing with – then, he confirmed that I had just said “no” and asked me again if he could look inside my bag. We went back and forth a couple more times. Next he asked me to cooperate and that it wouldn’t take much time; I said I was cooperating and asked him if he thought I wasn’t cooperating. We went back and forth a couple more times. The discussion went round in circles a little longer but I must stress that at no point was he ever threatening or aggressive, and neither was I. In the end, I asked for his name and I.D., which he obligingly gave me. Once I had taken this down I opened my bag to put my notebook back and allowed him to have a look inside – by this time it was getting close to my appointment and I wanted to get on with my day. The one thing I forgot to ask him before I showed him the inside of my bag was if I could leave now, once they had taken my Registration details. It’s easy to think about it in retrospect… He only gave the inside of my (fairly sizable backpack, messenger style) bag a cursory look even after the reason he gave for the search, too! – I guess he supposed I would refuse if he asked to open the other bags which were inside my bag (soft lunch bag, quality waterproof bag with spare clothes, book bag). At least, in the end, he was polite, even though he was persistent. The whole affair took about 10 minutes of my time and I can’t help feeling like I was the victim of some inane body-count for administration purposes only.

Police Officer Seiya NC 217 of the Osaki Police Station looked like he was still in his 20’s and had been tasked with the job of targeting foreigners for the sole purpose of satisfying his superiors that Japan was doing it’s bit to ‘fight’ terrorism. I’m sure he believed in what he was doing and most likely still does but I’m also sure that he and many others like him have no clue that targeting foreigners and not even considering the idea that terror can be home-spun is not only hypocritical (and ironic – sarin gas, anyone?) but ultimately damaging to the good nature, honesty and humility of the vast majority of Japanese people in this country.

Isn’t there something I should download from your blog that would be ideal for explaining why I refuse to have my bag searched?

Best regards, rock on and keep banging that hammer, Debito.

Anonymous

WB and me on what NJ tourists also need in Japan — security against NPA harassment

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.  I get letters like this on a daily basis (thanks everyone; can’t respond to all).  This one dovetails with something Debito.org is increasingly focusing attention upon:  Japan’s attempts to rebrand itself as a “cool tourist destination”.  This is fine, of course, but if you’re going to make it easier for NJ tourists (such as Chinese or Subcontinental Indians) to visit, you better make sure that they have a good time while here.  And I certainly see some room for improvement there.

I was waking up to NHK last Monday morning, and in line with their general cluelessness about how to treat NJ (such as acclaiming paltry 30-sen discount coupons for exchange rates), this time they were surveying airport tourists about what they’d like to see done to make Japan more attractive.  Some of the advice was decent (such as making clear on menus the contents of food, as in, what items are safe for vegetarians or diabetics).  But others were of the “whiny” variety (as in, “In America, we have menus in English”; this in a land where menus are very conveniently visual indeed).  Nice try, but if you’re trying to appeal to Asian-Region tourists, why not ask more Asian tourists what THEY want, NHK?

But one thing is of course being overlooked — how tourists and NJ in general are being targeted and harassed by police for instant passport checks.  It starts at Narita Airport, where the Narita Police are essentially using gaijin for target practice.  And as Debito.org Readers keep hearing here, it keeps happening once inside as well.  Witness this letter below, redacted only in name.

Point is, if you want to make Japan a more attractive tourist destination, please heel your police dogs, GOJ.  The NPA is spoiling the party with its racial profiling and treating NJ as suspicious.  Being treated as a criminal can really spoil one’s vacation.  Arudou Debito

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

November 2, 2010

Hello Debito, My name is WB and I have been following your site for 3 years by now. Let me start by saying that I was very doubtful and cynical of what you mentioned in regards to racism and discrimination in Japan as I’ve noticed none when I first went there for a short 2 week trip on Dec 2008 (Narita’s fingerprints aside). As a matter of fact, I still have some reservations towards the way you approach things, though my opinion of you changed dramatically after I went back to Japan for a 3 month stay last summer.

I went on a tourist visa to Osaka to practice and learn martial arts. My experience in that regards was fantastic and I’ve have the pleasure to meet amazing people during my trip. My experiences with police checkpoints, however, we nothing but scary. During my 3 month stay, I’ve been stopped 5 times, once by undercover detectives simply because I was gaijin. Once I was stopped on my bike, asked for my residency card (which naturally, I didn’t have because I am a tourist!) and escorted back to my home like a criminal, had my privacy intruded, handed my passport to the officers to see it being inspected to the very finest bit as if I gave them some letter full of anthrax or something. One of the officers was apologetic but the other one was rude and warned me harshly. I protested but that got things escalating so I backed down with a “hai, wakarimashita” and breathed a sigh of relief as they went away from my place.

The ensuing days had left me in fear. I quickly looked in the internet for some practical solutions and yours was what I found. I printed the Japanese laws tidbit you posted and had a copy of my passport in my pocket all the times. Carrying my passport all the time is out of the question! What if I lost it here or there? Terrible treatment awaits me if they decided to check on me when that happens! Thankfully, the next few checkpoints after this incident went smoothly, but I was always in a state of fear (for a “crime” that I didn’t commit).

The passport thing also extends to hotels it seems. I went to Shikoku for a 3 day trip and I’ve been asked for my passport in two hotels I stayed in. Failure to do so apparently means that they have to deny me service. I didn’t have my passport at that time, but I managed to convince them to accept my Canadian ID. If you think of it, they’re just following “the rules”, and since my Canadian ID had an name, address, and personal information on it; I was able to “get around” those rules.

Let me stress again that my experiences there were more positive than negative, and I am hopeful to return there once again. However, I can now understand what most NJ face in their daily life. I still have don’t like some of the aggressiveness in your opinions, but I am glad that you’re putting up the fight. Your site provided me with important information at a time of need….Thank you.

PS: I am unable to connect to your site here (Nova Scotia) for the past 2 months. I had to use an anonymous surf proxy to view it. What gives…??

Regards, WB
ENDS

Eido Inoue on improbable remote tracking of RFID next-generation “Gaijin Cards”; yet “scan-proof” travel pouches now on sale

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.  With the rerelease of an article I wrote last year (I am reading all my old articles in order for the Debito.org Podcast, so listen here or read it here) is a revisitation of an argument I made about the next-generation “Gaijin Cards” (Zairyuu Kaado), with imbedded IC Chips.  I expressed a fear that these “smart cards” will be remotely scannable, meaning the NPA will be able to zap a crowd and smoke out who’s foreign or not (whereas Japanese citizens have no legal obligation to carry ID 24/7 backed up with criminal punishment) — or will further justify racial profiling of people like me who look foreign but aren’t.

Techie Eido Inoue, a naturalized J citizen himself, writes here on invitation to address this argument.  He was worried that this topic might get a bit geeky (he has in fact made it very readable, thanks), but never mind, this needs to be discussed by people in the know.  However, please do read or page down to the end, where I have some basic counterarguments and a scan of something I saw the other day in a travel shop — a “scan proof” pouch for your valuables on sale!  Read on.

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

EIDO INOUE WRITES:

There has been a lot of concern these days about the inclusion use of NFC (near field communications) technology, which is a type of RFID (radio frequency identification), being included in the successor to the Japanese ARC (alien registration card), the 在留カード {zairyū kādo} (non-Japanese residence card). In this comment, I’ve summed up, per Debito’s request, some of the back and forth Q&A that has been occurring on other blogs:

Q: What sort of wireless technology is in these new cards? Is it reliable? Is it proven?
A: The card’s IC chip will use JIS X 6322 type B standards, which is basically the Japanese translation of ISO 14443 type B standards. This is the exact same international standard used for both Japanese and overseas e-passports, as well as Japanese driver’s licenses and the 住基カード {jūki kādo} (Japanese citizen residency card).

Q: What will be inside these chips?
A: The same information that’s printed outside the card:
* full passport/English legal name, date of birth, sex, nationality & domicile/state/locale
* resident address in Japan
* [visa] status, and status length / expiration date
* visa status grant date
* residency card number and expiration/renewal date
* work restrictions, if any
* any permitted activities outside of visa status
* color photograph

Special Permanent Residents, however, will only have the following on their cards:
* full passport/English legal name, date of birth, sex, nationality & domicile/state/locale
* resident address in Japan
* special permanent resident number and renewal date
* color photograph

Technically speaking, the 在留カード {zairyū kādo} (non-Japanese residence card) will be called and labeled as a 特別永住者証明書 {tokubetsu eijūsha shōmeisho} (Special Permanent Resident Identification [Card]) for people with this status.

[ the only thing that will not be on the chip but on the outside of the card will be the Ministry of Justice’s seal. Note that there’s much less information on this card than the ARC: no passport info, head of household, employer, etc. ]

Non-Japanese that have kanji names with their governments will have the kanji on the cards. In the case that the kanji is Chinese Simplified or Traditional and can’t be represented with using Japanese character sets, it will be converted to Japanese form.

[it was not clear from the literature I read what characters were permitted and what were not and what underlying character set encoding, such as JIS X 0208 or Unicode, would be used. It was also unclear to me from reading the literature as to whether non-Japansese without official government registered Kanji names, such as Japanese-Americans or those who just want a Kanji (or kana or hybrid) name, even if it’s 当て字 {ateji}]

Customs/airport officials plan to register / use the alphabet passport form and not the Kanji [even if it’s Japanese] form of the name as inputting / copying the kanji name takes too much time.

Unlike the previous ARC cards, there is no plan to list aliases (either katakana or kanji).

[It does not say how non-Japanese, who have Japanese aliases for anti-discrimination or other purposes, will prove what their registered legal alias is]

Years on the card will be specified in Western (ex. 2010) system, not Japanese (ex. H.22 or 平成22) system. Dates will be in Y M D order, and the fields will be labeled [so you know which is the month and which is the date]. Sex will be specified with a “M” or “F” [as opposed to 「男」, 「女」, 「♂」, or 「♀」].

[This should make the card more comprehensible to non-Japanese officials if you attempt to use it as ID overseas]

If a full name is too long for one line, it will be broken into multiple lines.

[better than the ARC and the Japanese driver’s license, which continued long (ie. Brazilian) names onto the back of the card]

Q: If the information inside the chips is the same as the information written on the outside of the card, what’s the point?
A: Three main points:

1. reduction of data entry errors (no hand copying the info from the card to some other system)
2. speed of processing (depends on the operator, processes, & hardware/software implementation)
3. [primary official reason] preventing the creation of completely bogus identifications using high tech printing, copying and manufacturing technology that is available to even amateurs today.

The info on the chip is digitally “signed” (a certificate validating that no information has been added, changed, or deleted) using PKCS (public-key cryptography standards). So long as the signing key is kept secure by the government, it’s mathematically impossible to recreate a government’s digital signature/certificate associated with a bogus identity. Now, you can clone (that is, copy the certificate along with the entire ID, including the photograph, without adding or removing anything) a digital ID. But that’s not the purpose of the certificate. The signature prevents somebody from creating a bogus ID from scratch. These days, thanks (?) to advances in technology accessibility, most professional and even some amateur forgers can create a phony identity card (“Taro McLovin”), mimicking holograms, blacklight ink, microprint, etc., that is so good it can fool a professional trained inspector.

But even the most powerful governments in the word have yet to break the modern strength digital signature/certificate algorithms — because the best mathematicians, working for the best spook agencies (NIST, NSA) in the world, created the system based on principles of impossible to solve quickly mathematics (ie. using ultra large prime numbers), then publicized all their work to have it checked by the other best mathematicians in the world. Based on what mathematicians have known for literally thousands of years, and taking into account the current state of Moore’s Law, the crypto should theoretically be safe from brute force attack for literally eternity. Where things fail is due to errors in implementing the algorithms, or theft/discovery of the secret keys, not in the algorithms themselves.

Anyway, for IDs with digital signature certificates, the forger is going to have no choice but to clone, in its entirety, somebody’s existing digital ID when they make a fake ID. Which means they’re going to have to look an awful lot like the person whose identity they stole because the picture data is calculated with the certificate’s hash. Plus they’re going to have to hope that the identity theft victim didn’t report the ID as stolen / lost or that the victim unknowingly had their ID scanned in a place that would be logically impossible for a followup scan of the cloned card. For example, a digital ID gets scanned in Hokkaidō, then the exact same digital ID with the same serial number gets scanned by another police officer in Fukuoka 5 minutes later; a computer will pick up on that.

Now, if there’s a fingerprint encoded in the chip (which is not the case for Japanese passports or the 在留カード {zairyū kādo} but is true for new European passports) and digitally signed, then even if the fraudster looks like the victim in the digitally signed photograph, they’re out of luck. They can’t remove or change the fingerprint without invalidating the certificate.

Q: Can a civilian or official read my card from a distance?
A: Extremely doubtful. The way the cards work is that while they have no power source of there own; they are powered by a minute amount of power they induce from their radio frequency for no more than a fraction of a second, and this power gives them the strength to produce a very faint signal that can only be practically read reliably by another device that’s less than four or 5cm away. The chips contain power regulators, so even if you send an extra strong signal to the chip in an effort to give the chip more power to work with, it does not produce a stronger return signal.

This is why you can see a lineup of Suica/Pasmo/Icoca/PiTaPa electronic wicket gates in a train station: the radio waves produced by those gates, which are no more than a meter apart, are so faint that each gate can’t hear and interfere with the radio waves being produced by the gates right next to it.

The maximum field range of a ISO 14443 device is less than 10cm. The maximum range that professionals have managed to get out of a ISO 14443 device in a laboratory (meaning neither the card or the reader can move for a long time, the room’s air is shielded from radio noise, and the lab’s using a very nonstandard reader) is 20cm: the length from the tip of your little finger to the tip of your thumb on an average outstretched hand.

Because the return signal from the chip inside the card is constant no matter how how power you throw at it, the only way you’re going to increase the range is by using a larger antenna. But even then there are limits, as the signal is so weak that it’s literally drowned out by the radio noise that permeates the real world.

Some professionals have speculated that, given a large enough (a very non-portable antenna; it would need to be mounted and not hand held), it is possible to increase the maximum range of ISO 14443, in a laboratory (not real world) setting, to 50cm: the length from your wrist to your elbow.

Anything longer than 20cm is suspect; anything longer than 50cm is science fiction, in my opinion.

Q: Could a crowd of people (assuming they’re in range of a reader), or even a whole bag of cards, be scanned en mass?
A: Even if it was possible to read ISO 14443 cards from a distance, ISO 14443 is designed to only work with one card at a time. It is not possible to have one reader read multiple cards, have many readers read one card, or have many readers read many cards.

It’s a matter of laws of physics (two signals being in the exact same frequency) and the way the devices were designed. Mobile phones, Bluetooth, and WiFi have very sophisticated and complicated protocols to allow them to share and operate and be individually addressed in a range of airspace, jumping and across (sometimes thousands) of frequencies and channels, sometimes using more than one simultaneously, in an elaborate cooperative ballet to prevent two devices from using the exact same airspace at the same time.

ISO 14443, on the other hand, not only doesn’t have these protocols, but in fact was specifically designed to not share airspace with anything else. There are specific fail-safe parts of the protocol that are designed to make the card/reader shut down, back out, and shut up if it detects something else using its airspace for safety/reliability reasons. It also has safety procedures to handle cases where it doesn’t have enough power or a good enough signal to complete a transaction: Everyone knows it’s futile to try to yank away your payment card or try to swipe your card for only a split second in an effort to fool the vending machine into making a transaction without having your balance debited.

If you’ve ever had two Suica Cards and/or a Japanese driver’s license in the same wallet, you know that the readers will refuse to work or will only work with one card. Again, this is not just a limitation of the technology, it is by design.

Q: But what if somehow somebody comes up with way that allows for eavesdropping of a card talking to a reader (from afar or near)? Am I safe?
A: Some people on the Internet have claimed even farther ranges than what we mentioned above: such as detecting the presence of a signal at 20 meters and actually discerning the digital bits at 10 meters. None of these claims have been independently confirmed or verified, and even if we give them the benefit of the doubt and believe for the sake of argument that it’s possible, nobody has shown they can break the cryptography gleaned from real devices in the field in real world situations.

To an eavesdropper, most ISO 14443 cards “sound alike.” This means they all — be it your e-passport or your U.S. Passport Card or your Japanese driver’s license or your FeLiCa based Suica/Pasmo/Icoca/PiTaPa or your PayPass credit card or your Japanese Taspo tobacco age-verification card — talk on the same frequency (13.56 Mhz). Furthermore, the transaction that occurs between the reader and the card is encrypted, so even if a bad person had such a clear signal that they were able to discern the individual digital bits going back-and-forth between the reader and card, it would be useless for determining the payload or even the type of card being used in most cases.

Thus, just because the card, either in your hand or concealed in a wallet, of you or the person next to you is or isn’t “ squawking” and you are or are not doesn’t mean somebody can figure out that “that person is a foreigner and that person is not” due to the presence or absence of a 13.56 Mhz encrypted squawk. That squawk could be anything, from a Japanese passport to a London train commuter Oyster Card.

NOTE: Some security journals have speculated that it may be possible to perform literally a “man-in-the-middle” attack in some cases. This means putting something physically between (the 10cm) space of air between the card and the reader that is big enough to ensure that the reader and card can’t hear each other; the bad spy device acts as a “relay” between the legit card and reader. So when you swipe, you should be absolutely sure you’re swiping the real legit reader and not something placed directly on top of it.

Q: Even if they can’t read the contents of my card, can a civilian or official detect that I’m in possession (or that I’m not in possession) of a 在留カード {zairyū kādo} (non-Japanese residence card) without my knowledge?
A: No. The reason for this in answered both in the previous question and the following question. You could easily fool an eavesdropper into thinking you swiped any arbitrary ISO 14443 Type B card that uses encryption by simply using another, completely different and unrelated ISO 14443 Type B card. You could purchase and carry your own battery powered USB portable [dummy] reader in a purse or bag, for example.

Q: Can a civilian or official read my card without my knowledge if they’re very near or next to me?
A: Japanese [and U.S. and E.U., but not all countries] e-passports, and yes, the new 在留カード {zairyū kādo} (non-Japanese residence card) have BAC (basic access control).

This means you have to know some piece of information that’s either on the card or in your head to read it.

Even if somebody manages to covertly (say, on a crowded train or bus) get a portable skimmer close enough [less than 10cm] to your back pocket, purse, bag, or briefcase to pick up your card, they still need to know some things that are on the card in order to read it.

NOTE: Not all NFC cards and RFID use this extra access control and/or encryption. So you don’t want to carry all your cards unprotected / unshielded in your back pocket. It is possible to obtain special, practical shielded slips for ISO 14443 based technology (tin foil hats sold separately). Some ISO 14443 technology (such as many, including Japanese, passports) already include a shielding envelope or technology integrated into the device. However, the presence of the shielding does not mean that the shielding is the last or only or even best line of defense against skimming; it is merely one component in a suite of many security components for the passport & residency card, already built-in by design, that would have to be compromised. To stay on topic, the NFC cards which are the discussion of the Q&A, such as Japanese passport, driver’s license, and yes, the 在留カード {zairyū kādo} (non-Japanese residence card), do implement and enforce BAC in addition to encrypting their point-to-point sessions with the readers.

Q: Can private enterprises read the IC chip?
A: Yes. The MoJ [Ministry of Justice] plans to publish the specifications for reading information from the card. However, they can’t override BAC (see above) which means a private enterprise would not be able to read your card without your knowledge.

[ This is interesting. The literature I have specifically mentions that society, especially financial institutions and mobile phone companies, needs a reliable domestic photo id for non-Japanese residents. ]

Q: What if the chip isn’t working? What if the private enterprise doesn’t have a reader? Is there an alternative electronic way to verify the card without the chip? Will I be hauled off to the police box if my chip isn’t working?
A: The MoJ [Ministry of Justice] is also going to make a website available for checking cards (which presumably could be accessed by even mobile phone browsers). The website will accept the card’s number and one other piece of information from the card to prevent people from randomly guessing 在留カード {zairyū kādo} (non-Japanese residence card) numbers. The literature suggests that this extra information be the card renewal/expiration date.

Upon submitting the number, the website will simply return 有効 {yūkō} (valid) or 失効 {shikkō} (invalid). To protect private information, no other information (such as name, date of birth, nationality, visa status, etc.) will be returned.

ENDS

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

COMMENT FROM ARUDOU DEBITO (donning his tinfoil hat):

One conflict I always notice from my side of the spectrum is the inherent mistrust of scientists — when they claim a new technology, open to all manner of theoretical abuses, is “safe”.  This is the same camp that tends to blame the scientists on the Manhattan Project for opening Pandora’s Box with The Bomb.

Continuing in that vein in an attempt to contrapose aarguments to Eido’s research above, a whole bunch of “what ifs” and “whys” that are not all that unreasonable quickly come to mind:

1) WHAT IF the sacred encryption keys get cracked or leaked somehowCan happen quite easily, if not in part due to government error, see here.  And hackers are forever getting increasingly sophisticated.  It’s hard to imagine the “eternity” scenario in a place when it’s techie vs. techie, and one is but a few steps ahead of the other.  The risk is too great — once the door is open, identity theft becomes possible.

2) WHAT IF the realm of “science fiction” becomes “science fact”? We once thought manned flight (with or without gravity), or portable computers, or even gigabytes of data stored in tiny places were impossible, but technology, again, has a habit of catching up and deleting the “im” prefix.  Encryption notwithstanding, decrypting computers are getting faster and smarter all the time.

3) WHY are foreigners only required to be IDed by private businesses (last two Qs above)?  Actually, I can answer that one.  Because the NPA feels the irrepressible need to track people that could commit crime.  And because they can’t do that to Japanese citizens due to the outrage — witness the flop of the Juuki Netto system.  People just don’t want to be forced to carry ID in this society, much less tracked by it.  It’s just happening to foreigners because they can’t stop it.  And it increases the Japanese police’s power by deputizing the private sector.  This is just common sense — give the police anywhere in the world extra power, and they will feel fully justified in using it to accomplish their goals until they’re told they’ve gone too far (and in Japan, they insufficiently are).

4) WHY is that same private sector now advertising preventative measures against RFID technology? Check this out — a scan-proof pouch for your valuables now on sale in travel shops in Japan (seen because I went and renewed my passport on Tuesday):

Unless this is Snake Oil (and Eido himself points out that non-contact scanning is possible), how do we deal with this?  By saying that the distance is too small or the definition of the signal is too vague to matter?  Again, I will raise the technology argument to say that once the leap is possible, it’s only a matter of degree.  This may be tinfoil-hat-ism, but to me it’s like saying, “Don’t worry about The Bomb; if there is fallout from an unlikely attack, there are anti-radiation pills you can take.”  Sorry, I don’t believe in having to put the Genie back in the Bottle.  Especially since the reasons for this measure are less a technological inevitability than a political necessity (i.e., tightened policing of the only people you can police this way, since society in general wouldn’t dare accept it).  If this is scary enough to the general public for it to be used as a preventative marketing ploy, then the foreigners should also count as members of the general public who are entitled to be scared.  Just fobbing it off on a “it probably won’t happen” “eternity scenario” ignores the political realities behind these moves.

Alright, I’ll stop there.  Let’s have a discussion.  Arudou Debito

ENDS

CJFF: Immigration raids Filipino family home, husband has heart attack

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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CJFF writes:

October 21, 2010

For press/blog release…

Afternoon of October 13, 2010 immigration officers questioned Victor de la Cruz in his work site at Gako Ishikaya located at the basement of Tokyo’s Shimbashi station of JR line. The immigration officer is asking if he and his wife, Susan Lubos de la Cruz who is an employee of an African embassy and Victor as her dependent are real husband and wife. There is no established case and Victor went home afterwards.

Today, October 20, 2010 at around 11:30 a.m. the immigration officers went to the home of Mr. and Mrs. de la Cruz in Meguro-ku and Victor was alone in the house. Later an immigration officer who gave his name as Mr. Kato of Shinjuku immigration with telephone number 03 5155 0496 called Susan, the wife of Victor, informing that they, the immigration officers, sent Victor to the National Organization Tokyo Medical Center at around 1:00 p.m. Victor suffered heart attack and in comatose given a 10-20 % chance to live by the doctor as of this writing (October 20, 2010, 11:50 pm).

Susan learned that her husband heart have stopped beating for an hour before Victor was sent to the hospital. Upon arriving home, Susan found all of their things and belonging are scattered and she also learned from the immigration officers that they went to their house to look for evidence if their marriage is real or not.

The fact is Victor and Susan have been married since 1989 or 21 years now and have been living together in the same house in the past 15 years in Japan. Susan and Victor have three children.

Susan, a member of Gabriela-Japan, a chapter of the Philippine national women organization Gabriela with 2 seats in the Philippine House of Representatives, is asking her organization for legal assistance and possibly to question the Immigration Bureau about the legality of their actions. Nobody knows what transpired and what kind of treatment, pressure, or intimidation or whatever the immigration officer employed to make Victor to suffer from heart attack. Susan is also doubtful about the legality of the immigration officers’ action in raiding her house.

The Gabriela-Japan, together with its Philippine national chapter Gabriela Philippines and its parliament representatives in the Philippine House of Representatives, is launching the JUSTICE FOR VICTOR AND TO ALL FOREIGN MIGRANTS VICTIMS OF UNJUST ACT OF AUTHORITIES, ABUSE OF POWER AND MALTREATMENT. The campaign network will seek to unite various groups and individuals to push for legal actions in demanding the Ministry of Justice and legal courts to rule on the legalities on handling the Victor case.

The Justice for Victor Campaign Network is calling on all foreign migrants support groups and justice loving people of Japan to joint the cause. As initial move, we are asking all the network supporters to make a barrage of inquiry to the Justice Ministry regarding their knowledge about the Victor case and to register our strongest protest against excessive use of power of immigration officials in raiding foreign migrants suspects that cause the sufferings and being in state of comatose of Victor at present.

For all interested parties to join the Justice for Victor Campaign Network please send an email to sa_ryo AT hotmail DOT com

Justice for Victor and to all foreign migrants victims of authorities excessive abuse of power!

Cesar V. Santoyo
Mission Director, Center for Japanese-Filipino Families (CJFF)

http://home.att.ne.jp/banana/cjff/homepage.htm
ENDS

“Pinprick Protests”: Chand Bakshi fights back against “NJ ID Checkpoint” hotel, gets apology

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 report from Chand Bakshi on how he called “basta” to a hotel that was racially profiling its customers, demanding all visually-looking NJ submit to an ID check and copy — claiming erroneously that this was required by law. Chand followed up on this to the point where he got capitulation and an apology. Well done.

This is actually pretty effective. The hotel I usually stay at in Tokyo has on various occasions (depending on how I was dressed) tried to Gaijin Card me too. I told them (and later followed up with an explanation to the management) that this only applied to tourists; NJ with Japanese addresses are not required to show ID. Of course, that’s not what the NPA would have hotels believe — they have explicitly instructed hotels to inspect and photocopy ID of ALL NJ. Which is why we must fight back against this invitation to racial profiling, as Chand has below.

In my case, my Tokyo hotel yesterday asked me if I had a domestic address upon check-in (which I’m fine with). I pointed to my name on the check-in card and said, check your records — I’m not only a Japanese, but also a frequent customer. Got a deep apology. But at least now my hotel chain is more sophisticated in its approach.

Read on for Chand’s report. Thanks Chand. Arudou Debito in Tokyo

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

October 7, 2010

Dear Debito,

I’d like to share a recent experience I had with a hotel that was discriminating against NJ and it’s somewhat positive outcome.

I live in Kyushu and took a trip to Nagasaki with a Japanese friend; we decided to stay at the Richmond Hotel in Nagasaki. It’s one of a countrywide chain.

http://www.richmondhotel.jp/en/nagasaki/index.php

When we checked in the staff asked for my passport or gaijin card. Now, since living in Japan I’ve had my share of bad hotel experiences, refused service etc, but I tend not to get too upset when asked for my gaijin card as I realize its often a communication error and what the staff really want is any ID from all customers and they just presume NJ are unlikely to have Japanese driving licenses etc. So I offered the staff my Japanese driving license instead. However they wouldn’t accept it. They wanted a gaijin card or passport only. I explained to them that as a resident of Japan it wasn’t required that I show my gaijin card to a hotel and any ID should suffice. They continued to insist I had to give them my gaijin card and I refused. I brought up the topic of discrimination and the staff seemed to have an automatic English response,

‘It is not discrimination, it is required by law, please understand.’

Finally they accepted my driving license, as ID and all seemed ok, check in completed they handed over our keys and wished us a happy stay. I then realized they hadn’t asked my Japanese friend for any ID. I asked them why they hadn’t checked my friend. Their reply was ‘only gaikokujin need to show ID, please understand.”

I started telling them off again much to the embarrassment of my Japanese friend, a supervisor came and said rudely the now all too familiar line. ‘It is not discrimination, it is required by law, please understand’

I asked what law, and was told ‘the Ryokan Gyouhou, please understand it is not discrimination.’

As an avid debito.org reader I was pretty sure this was incorrect, but there was the chance the law had changed and more importantly my Japanese friend was becoming frustrated/embarrassed and wanted to get on with sightseeing so I let the issue drop.

When I returned home I check with Debito that the Ryokan Gyouhou hadn’t changed and contacted the hotel again via telephone.

I got explained my unhappiness to various staff who where much more friendly over the phone than they had been in person. The lobby staff still kept saying it was required by law, but when I asked them if they had actually read the Gyouhou as I had they passed me up the management chain.

Finally I got to a lady who told me it wasn’t actually the law but was in fact a request from the Nagasaki police, she listened to my concerns that I basically summarized as:

* NJ are particularly sensitive to discrimination in hotels as we are sometimes refused service.

*NJ aren’t required by law to give their gaijin cards to hotel staff, they should ask for ID only, insisting on the gaijin card could be discrimination and ideally the word ‘gaijin card’ should never come out of hotel staff’s mouths.

* Requiring ID from NJ and not Japanese is discrimination, no argument about it.

*Its racial profiling as my children could look NJ despite holding Japanese citizenship. And why wasn’t my Japanese friend checked in case they were Zainichi Korean as they too hold gaijin cards.

*If they’re collecting this data on NJ what is being done with it?

She said she understood, and that they were just following the police’s instructions. Nothing was done with the copies of the IDs and they were shredded after a month.

I told her as the copy of my ID had been copied under a discriminatory policy I would like it returned to me.

The lady said she couldn’t approve that but would get her boss to call me in a few days.

A few days later the manager, a Mr. Motoyama contacted me, he was very apologetic. They said that they were sorry they had offended me, and they would return the copy of my ID.

I told him I was concerned that this was going to happen again and what was their hotel was going to do about it. Mr. Motoyama said he would inform head office of the error and in his own hotel advise the staff to follow the Gyomhou not the instructions of the police and that this shouldn’t happen again.

I asked him if this was because of the 2005 memo. (previously discussed on debito.org at http://www.debito.org/japantimes101805.html and www.debito.org/newhotelpassportlaw.jpg)

However Mr. Motoyama informed me that the police had asked for the information to be collected in 2007 when they visited the hotel in person.

They had been collecting copies of all ‘gaijin’s ‘ cards since then but hadn’t actually been passing them to the police, just shredding them after a month.

A few days later the copy of my ID and an apology letter arrived in the post. (see JPEG attached.)

So this all had a fairly satisfactory outcome, however it’s frustrating to constantly have hassle when traveling. Here the hotel staff were just being stupid. They had an automatic English response ready with their ‘It is not discrimination, it is the law please understand.” so, they must’ve been getting complaints fairly regularly. They should’ve read the Ryokan Gyouhou.

But the real culprits here are the police, I can understand how a Japanese might be tempted to follow instructions from the police without checking first if it was the law or not. Now I haven’t contacted the police (yet), but this hotel problem isn’t going to be solved one hotel at a time or even one police station at a time. It needs sorting out once and for all and I think we can do it.

We need to create some kind of guide/pamphlet/oshirase explaining the law. Maybe use some cute characters, ‘anti-sabetsu chan or something’. Then we need to get it to every hotel in the country.

So if anyone wants to help out with this project over the next few months, has some ideas, or contacts, especially with how to distribute any notices we make to literally 1000’s of hotels drop me a line at my email address:

chandbakshi AT gmail DOT com

To avoid the spam filters mark it ‘hotels’ or something. I’ll look forward to hearing from people.
Chand
ENDS

Sendaiben and MB on Narita Airport again, this time both before and after entry

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. Have just finished giving a presentation and partaking in a PhD workshop at the University of British Columbia (getting ready for those sucked all the time out of blogging, sorry). But we have some updates to some recent posts on how Immigration (and extensions thereof) is treating people crossing borders and afterwards. Sendaiben and MB comment:

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

September 29, 2010
From Sendaiben:

Just came back through Narita and gave my usual calm and friendly rant to the immigration officer (she wasn’t particularly impressed -got a very curt “if you don’t comply you can’t come in”). Fair enough.

I then had a thought. The re-entry permit holder line anywhere I’ve been has been by far the shortest. I have never had to wait more than a minute or so, unlike the Japanese citizens who often have long lines (and let’s not talk about the tourist lines, which are often pretty bad). I can also take my family through with me (even though they have Japanese passports) and save them time standing in line too.

If you think of the re-entry line as a VIP line that requires additional security (fingerprints), does that not make the whole thing easier to swallow? After all, it’s not such a big deal, is it? It’s not worth getting het up about every single time we come back into the country, is it?

Sadly, that doesn’t work for me, however much I would like it to. I really dislike the policy, which seems pointless and needlessly offensive to me.

I will keep complaining, although I make sure I do so in a calm and friendly manner (the immigration officers on the desks didn’t make the rules, so there is no point being hostile to them). However, as public servants, they should know how the public feels about the policies they carry out: thus it is my right to talk about it in a calm and reasonable way 😉

Ironically it is this more than anything else which is pushing me to naturalize: I don’t need the grief every time I come home. What does everyone else think?

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

MB adds what happens once within the pale:

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

July 14, 2010
From MB:

It seems that Narita cops still practice racial profiling even after all the protests lodged at their office in Narita…this is sad because it shows we foreigners count like zero.

I frequently use Narita and to say the truth this was the first time I saw this bad practice at work. Hearsay is one thing, seeing something with your eyes is very different and I have to be honest to say that I got angry.

In the open space just before the Narita Express entrance two policemen
had stopped two people and were asking them various things.

Those two people of course were also showing their passports. They were foreigners. At that point I took one picture. I thought to myself, “Well, they will also stop Japanese….”. So I purposedly waited nearby to see what the two cops would do next.

When I saw that the next people they stopped were foreigners too I began to feel angry. Welcome to Japan.

Then, after these two people the policemen stopped another couple of…. foreigners.

All of this lasted like 30 minutes and they only stopped foreigners (all white, no asians etc.).

I also walked around to see if they stopped me but they didn’t. Maybe I look “mendokusai” ? One of the two cops looked at me after I was staring him for a long time but he didn’t make any move. The pattern I noticed is:

Target:
– white only
– two people for two cops
– tourist looking type
– normal looking person (with this I mean
those people they stopped were not really “suspicious” looking !!)

The cops always asked for:
– passports
and, this is interesting, I also noticed that in all three cases they talked to their targets for a while, THEN, when they were about to let them go, they asked again, casually, for some last thing (which I couldn’t hear). I am curious to know what it was…

The pattern was something like: “Thanks, now you may go. (then with a surprised face) Ah…I forgot to ask….”

I really do hope they also start stopping anybody not only practice dummies. This practice doesn’t make me feel safer at all, instead it makes me think of all those people that just pass through Narita without any fear to be stopped by these robo-cops.

ENDS

Sendaiben digs deeper on those Narita Airport racially-profiling Instant NPA Checkpoints

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. Just got this this morning from friend Sendaiben, about his latest experience with Narita Cops and their racially-profiling ways. Self explanatory, looks like the J-cops are getting free training at the expense of NJ bystanders for being visible while foreign. Have a read. More on this topic previously on Debito.org here. Debito

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

From: Sendaiben
Date: September 5, 2010

Flying out of Narita on September 5th, I had a few hours to kill after connecting from Sendai. I was alone, reading on a bench in the restaurant area. After about 20 minutes, a young and very pleasant policeman came up and asked to see my passport in passable English. I replied in Japanese, and we had an interesting conversation. Unfortunately I was mentally unprepared for all of this, so gave him my passport from which he noted down all the details. I refused to provide a contact phone number, however.

I have to emphasise that he was very pleasant throughout, and we had a friendly conversation. He was from Akita, seconded to Narita for two years (it seems the Narita police are drawn from all over the country). I mentioned several times that as a long-term resident I loved Japan but was uncomfortable being singled out for special attention like this due to my appearance. He sympathised and said that it also made him uncomfortable.

Some important points:

1. It seems that the whole exercise is voluntary, something he mentioned when I refused to provide the phone number.

2. I reminded him of the law on the management of personal information, but he was unable to tell me why they needed my passport details or how long they would be kept on file.

3. He claimed it was a random check but that they asked ‘people who seemed foreign’. I asked him to ask some Asian people next, and he said he would 🙂

The whole thing seemed like a training exercise, down to the silent sempai observing from ten metres away.

The most important thing I got out of this is that these checks may well be voluntary. I am therefore going to refuse (politely) to cooperate next time, and see what happens. I guess in a worst-case scenario they could ask to check my ARC, but I would then not allow them to write anything down.

ENDS

More racism in NPA police posters, this time Kanagawa Ken Yamate police and big-nosed “int’l NJ crime groups”. (UPDATE: Contrast with same Kanagawa Police site in English: “we patrol community hoping smiles of residents never vanish.” Retch.)

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. For a nice bite-size Sunday post, dovetailing with yesterday’s post on the NPA’s whipping up fear of foreign crime gangs, here we have the Kanagawa Police offering us a poster with racist caricatures of NJ, and more minced language to enlist the public in its Gaijin Hunt. Check this out:

(Click on image to expand in browser.)
From http://www.police.pref.kanagawa.jp/ps/32ps/32pic/32004_47.pdf, courtesy lots of people.

Now let’s analyze this booger. In the same style of fearmongering and racist police posters in the past (see for example here, here, here, and here), we have the standard NJ conks and wily faces. Along with a crime gang stealing from a jewelry store (nothing like getting one’s hands dirty, unlike all the white-collar homegrown yakuza crime we see fewer posters about).

The poster opens with employers being told to check Status of Residences of all the NJ they employ. Of course, employers who employ NJ usually sponsor them for a visa, so this warning shouldn’t be necessary. I guess it’s nicer than warning the employer that if they do employ overstayers, the employer should also be punished. But again, we hear little about that. It’s the NJ who is the wily party, after all.

Then we get the odd warning about overstayers (they say these are lots of “rainichi gaikokujin”, which is not made clear except in fine print elsewhere that they don’t mean the garden-variety NJ) and their links to “international crime groups” (although I haven’t seen convincing statistics on how they are linked). Then they hedge their language by saying “omowaremasu” (it is thought that…), meaning they don’t need statistics at all. It’s obviously a common perception that it’s “recently getting worse” (kin’nen shinkoku ka).

Next paragraph offers the standard “threat to Japanese social order” (chi’an) presented by visa overstayers and illegal workers (even though overstayers have gone down steadily since 1993), and asks for the public’s assistance.

Then it brings in the heroic Kanagawa Police, and how they will be strengthening their controls over these big-hootered shifty-eyed NJ from now on, and asks for anyone with information about illegal NJ to drop by any cop shop or police box (even though police boxes I’ve reported unlawful activities to have told me to take my crimes elsewhere; I guess NJ criminality is a higher priority).

Finally, we have the places to contact within the Kanagawa Police Department. We now have a special “international crime” head (kokusai han kakari), a “economic security” head (keizai hoan kakari), and a “gaiji kakari“, whatever that is shortened for (surely not “gaikokujin hanzai jiken“, or “foreign crime incidents”). Such proactiveness on the part of the NPA. I hope they sponsor a “sumo-yakuza tobaku kakari” soon.

Anyone else getting the feeling that the NPA is a law unto itself, doing whatever it likes in the purported pursuit of criminals, even if that means racial profiling, social othering of taxpayers and random enforcement of laws based upon nationality (even a death in police custody with impunity), and manufacturing consent to link crime with nationality?

Arudou Debito in Sapporo

UPDATE:  Compare and contrast with the English version of PR for the same police department, courtesy of crustpunker:

http://www.police.pref.kanagawa.jp/eng/eng_idx.htm

Not only is it a disingenuous lie, its contents are utterly banal.  And since I can’t find the gaiji kakari under “Section Information” in English, so I doubt the overall accuracy as well.

This is linked from this even nastier Kanagawa Police site regarding NJ:

http://www.police.pref.kanagawa.jp/mes/mese2001.htm

我が国に向けられる諸外国からの有害活動は、様々な形で活発に展開されています。平成17年と18年には、在日ロシア情報機関員が民間企業の技術者をターゲットとして先端科学技術を違法に入手していた事件を摘発しています。また、平成20年には、国際原子力機関(IAEA)が、北朝鮮の核処理施設における視察をした際、日本製の真空排気装置を発見したことを端緒に捜査を開始し、台湾経由による北朝鮮向け真空ポンプ等の不正輸出事件を摘発しました。

ここでは、これら対日有害活動の一部を紹介し、我が国の国益を害する不法行為に関する 情報提供をお願いしています。
rest at above website

ENDS

Saturday Tangent: How the US deals with Arizona racial profiling: Federal lawsuits and Jon Stewart humor

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. We’ve recently been discussing racial profiling on this blog, comparing what’s happening in Arizona with new immigration laws vs what goes on as SOP in Japanese police law enforcement and gaijin harassment.

What’s interesting for me is how the US deals with it: They actually discuss it. First watch this Jon Stewart Daily Show excerpt (courtesy of Dave Spector) on the subject and then we’ll woolgather:

The Daily Show With Jon Stewart Mon – Thurs 11p / 10c
Latino 911!
www.thedailyshow.com
Daily Show Full Episodes Political Humor Tea Party

So let’s recount the important differences apparent in this video:

1) In the US, they have not only a presidential administration making clear statements against racial profiling, but also a judiciary filing federal suit against errant state policy that would condone that. Imagine either of those happening in Japan.

2) In the US, the voices of minorities are actually being heard — and listened to — somewhere. Imagine THAT happening in Japan!

3) In the US, police training materials and the actual text of law enforcement are coming under scrutiny! Imagine… oh you get the idea.

4) In the US, they have things such as satire and sarcasm to enable people to take this apart with the very powerful tool of humor, and an investigative media that can hold people accountable for what they say and do! (God bless the Daily Show!)

These are some things that societies with healthier civil societies have at their disposal for analysis and debate.  Arudou Debito in Sapporo

NYT guest column on racial profiling of Japanese for “looking too tall and dark”. Just like arrest of “foreign-looking” Japanese back in 2006.

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 we have a good opinion piece in the NYT (the overseas paper the GOJ takes most seriously) from a Japanese (not a NJ, so there’s no possible excuse of a “cultural misunderstanding”) who looks suspicious to Japanese police simply because she is taller and darker than average. So she gets zapped for racial profiling (a word, as she acknowledges, is not in common currency in nihongo). Well, good thing she didn’t get arrested for looking “too foreign” and not having a Gaijin Card, which happened back in February 2006 (article enclosed below).

As I have said on numerous occasions, racial profiling by the NPA is a serious problem, as it will increasingly single out and multiethnic Japanese as well. I am waiting one day to get leaked a copy of the NPA police training manuals (not available to the public) which cover this sort of activity and scrutinize them for latent racist attitudes (we’ve already seen plenty of other racism in print by the Japanese police, see for example here, here, and here). But scrutiny is one thing the NPA consistently avoids. So this is what happens — and victims have to take it to outside media to get any attention. Arudou Debito in Sapporo

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

Too Tall for Japan?
The New York Times, July 8, 2010, Courtesy lots of people
By KUMIKO MAKIHARA

http://www.nytimes.com/2010/07/08/opinion/08iht-edkumiko.html?_r=1&hpw

TOKYO — Racial profiling had never struck me as a personal issue. I am a Japanese woman living in Japan after all, where less than 2 percent of the population is foreign. And even among that sliver of a share, the majority is Asian. How could racial profiling exist if most everyone looks the same?

I was awakened from such naïveté a few years ago when I started getting pulled aside by police, apparently to see if I was an illegal immigrant. On three occasions, officers sidled up to me at busy train stations, flashing their badges and asking me where I was headed. When they concluded I was a Japanese national, they sent me on my way.

Earlier this year, two officers approached me as I was exiting Tokyo Station and asked to see an ID and the contents of my purse. I refused their repeated requests while demanding an explanation until one of the officers finally told me, “You are tall and dark-colored and look like a foreigner.” He then added, “Every day we catch four to five overstays this way,” referring to immigrants with expired visas.

I was stunned by the officer’s blatant profiling of me based on what I perceive as my only slightly unusual features: a bit taller than average height and a shade of a sun tan. But microscopic vision for sniffing out differences is a common trait among the Japanese who are often uncomfortable with dealings outside of their familiar zones.

The officers who approached me on suspicion of being an illegal immigrant were presumably acting on Japan’s Police Duties Execution Law. It states: “A police officer may stop and question any person who has reasonable ground to be suspected of having committed or being about to commit a crime.”

The Japanese law is broader than the controversial legislation in the U.S. state of Arizona that goes into effect this month, which allows police to confirm someone’s immigration status only after stopping the person on other grounds. “The same thing as in Arizona has been in place in Japan for a long time without much criticism,” says my cousin and lawyer Genichi Yamaguchi.

Most Japanese are unaware of these racially motivated checks. But even if they knew about them, it is questionable how much they would object. Profiling is a common practice here with casual exchanging of personal information. The details collected from a business card or queries such as asking where one attended university or what blood type one is serve as clues to allow people to predict how each party will behave.

As a single parent who has lived overseas and is blood type A, I am stereotyped as hard-nosed enough to have decided to go it alone, blithe from surviving dealings with all sorts of people and having the seriousness attributed in popular beliefs here to people of my blood group.

Such typecasting takes on racist overtones when applied to foreigners. “Chinese don’t know train manners,” I overheard a man say recently in response to a Chinese woman talking loudly on her cellphone in the compartment. On a bus tour of the Western city of Nara, several Japanese passengers complained that the Filipinos aboard who had trouble keeping up with the rushed sightseeing pace “don’t understand ‘dantai kodo,”’ or group behavior. When one of the Filipinos went to the restroom, a Japanese woman grumbled that she should have held back in deference to the group schedule. Such intolerance — when the government is on a major campaign to increase tourism to the country, and just this month eased visa application requirements for Chinese visitors.

There are even disturbing signs that Japanese increasingly don’t want to bother trying to understand the unfamiliar territory beyond their borders. Only one student from Japan entered Harvard University’s freshman class last year, bringing the total number of full-time Japanese undergraduates to five, compared to a total of 36 from China and 42 from South Korea.

A 2007 Web-based survey by the Nomura Research Institute revealed a growing reluctance to live overseas among younger Japanese. While 33 percent of men and 23.9 percent of women in their 60s and older said they would have some aversion to either themselves or their spouses going to work overseas, the share of people with that sentiment reached 42.9 percent and 38.9 percent respectively for people in their 20s.

The next time a police officer stops me, I plan to explain that suspecting me of a crime simply because I look foreign constitutes racial profiling. Only there is no term for the practice in the Japanese language.

Kumiko Makihara is a writer and translator living in Tokyo.

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

This has happened before, only worse for the victim:

<誤認逮捕>旅券不携帯で逮捕の女性、実は日本人 埼玉

( 2006年02月28日 00時37分 )
毎日新聞社 Courtesy of Kaoru

埼玉県警川口署は27日、入管法違反容疑(旅券不携帯)で逮捕した女性(28)が実は同県川口市在住の日本人だったと分かり、釈放したと発表し た。女性が言葉を発せず、容姿などから外国人と判断したという。

同署によると、25日午後7時40分ごろ、川口市内の路上を歩いていた女性にパトロール中の署員3人が職務質問。署員は女性の容姿が東南アジア出 身者に似ており、名前や国籍を尋ねたところ、小さな声で「日本人です」と言ったきり何も話さなくなったため、署に任意同行した。女性は署でも日本語の質問 に対し無言を通したため、同署は「外国人」と判断。パスポートの不所持を確かめて同容疑で逮捕した。

女性は逮捕後に家族の名前を紙に書き、母親に確認すると娘と分かって誤認逮捕が判明した。母親は「娘は知らない人とは話をしない性格」と話してい たという。

金川智署長は「女性には大変迷惑をかけた。今後指導を徹底し、再発防止に努める」としている。【村上尊一】

Police erroneously arrest ‘Asian-looking’ Japanese woman on immigration law breach

Mainichi Shinbun Tuesday, February 28, 2006 at 07:01 EST

SAITAMA — The Saitama prefectural police on Monday arrested a Japanese woman on suspicion of violating the immigration law but later released her after discovering that she was a Japanese national, police officials said.

The police had judged that the unemployed woman, 28, was not Japanese because she looked like a foreigner of Asian descent and that she carried an envelope written in Portuguese, the officials said. The woman was questioned by a policeman around 7:40 p.m. on Saturday in Kawaguchi. She told the officer that she was Japanese, but stopped answering further questions, the officials said. The woman’s family said she is not good at speaking with strangers.

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

Japan Times on Suraj Case: Wife of Ghanian who died while being deported demands info on cause

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.  As I reported last week, the FCCJ had a press conference yesterday on the Suraj Case, where a Ghanian man died while being deported last March.  Details on the cause of death are unclear, but Immigration acknowledges that handcuffs were used, and a towel in Suraj’s mouth were involved.

What I find noteworthy is not only the circumstances (which allegedly, according to the Suraj group press release, involves other NJ deaths in Immigration custody), but also the courts’ reasoning when overruling a stay of deportation:
=================================
Japan Times: “In February 2008, the Tokyo District Court ruled the deportation order be waived. But in March 2009, the Tokyo High Court repealed the district court’s ruling on grounds the couple was childless and the wife was economically independent…”
=================================

So if they had children and she was a dependent housewife, then he could have stayed in Japan?  Their marriage counts for nothing otherwise?  Not sure I get it.

Article follows. Arudou Debito in Sapporo

////////////////////////////////////////////////////
The Japan Times Wednesday, April 21, 2010
Wife presses for details in death of deportee (excerpt)
By MINORU MATSUTANI Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20100421a4.html

The Japanese wife of a Ghanaian who died last month while he was being deported for overstaying his visa called Tuesday on police and the Immigration Bureau to disclose exactly how he died…

The wife’s lawyer, Koichi Kodama, questioned the police investigation, which has not resulted in any arrests.

“If a man died after five or six civilians, not public servants, held his limbs, they would undoubtedly be arrested,” Kodama said, adding he told “exactly that to the prosecutors” he met with Monday in Chiba.

The Chiba police are questioning about 10 immigration officers and crew of Egypt Air, Kodama quoted a Chiba prosecutor as saying. Police said March 25 the cause of death was unclear after an autopsy. Kodama said a more thorough autopsy is being performed.

Suraj’s wife is considering suing the government, but she and Kodama are holding off pending further evidence of malpractice by immigration officers.

“Lawyers have no authority to collect evidence, and thus we have to wait for police to disclose evidence,” he said.

Rest of the article at http://search.japantimes.co.jp/cgi-bin/nn20100421a4.html

Gaijin Card Checks expand to Tax Bureau, now required for filing household tax returns

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.  As a natural extension of the strengthened policing of NJ by the GOJ (for we can only anticipate what scams NJ might get up to, untrustworthy lot), starting with fingerprinting them at the border every time as potential terrorists, criminals, and disease carriers, then tracking their money wherever they earn it, we now have the Tax Bureau doing the Immigration Bureau’s job of checking visa status if NJ were so good as to file their own tax forms.  How dare they engage in such suspicious activities!  It’s all part of expanding Gaijin Card Checks to unrelated agencies nationwide.  Arudou Debito in Sapporo

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From: KYA
Subject: [Community] Gaijin card required for tax return now?
Date: April 13, 2010
To: communityinjapan@yahoogroups.com

Can someone help me shed some light on this situation? I’ve filed my taxes in Japan every year for the past 8 years. I can’t swear that I ws never asked for a gaijin card or other form of ID before, but I KNOW that last year I wasn’t, wasn’t even asked to fill out that form asking how many days you spent in and out of the country, etc (I was asked to do that one two or three times, definitely not every year). And I know that my refund has NEVER been delayed, I’ve always filed early and got my money back early.

But this year, I filed my return in early March, and until today had heard nothing. Today, I got this in the mail: http://s161.photobucket.com/albums/t223/babyhayate/?action=view&current=tax.jpg

(Click to expand in your browser)

I called immediately, asked why they needed it and if it was necessary, and got a big variety of non-answers in response. The first time I called, the person whose name was on the letter wasn’t there, so the guy who answered the phone said he’d answer my questions… I probably got more honest answers from him, although he was a bit of a jerk. He said that it’s always been like this, it’s not starting from this year, and that if I never had to do it before, it was because the person reviewing my return in the past decided that my name sounded Japanese enough, but that whoever did it this year thought it sounded foreign. I did challenge this, and asked him if it was okay to just judge people and choose who to question ad delay based on their NAME, would he have done the same to one of the many Japanese people who don’t have any NJ heritgage, but just have parents who gave them a katakana name? He basically said it just depended on the judgement of whoever got the return to review.

I asked why this NEVER popped up when I was preparing my tax return on the tax department’s homepage. There were all kinds of lists of necessary documents, including some things that said “(when applicable)” etc beside them. Nowhere did it say Gaiijn card (for those who have one) or something similar. He said “Well, the homepage is written with Japanese people in mind. If you’d asked for help at city hall they would have told you to submit it.” So… you are delaying my tax return BECAUSE I can read Japanese, look at the homepage and prepare my own tax return WITHOUT wasting the time of someone at city hall or at the tax office? That seems very counterprductive, and when I pointed out as much, again he had no reply.

Then I told him I wanted to Google the law that made this necessary and asked him to tell me the name of the law requiring a gaijin card to get a tax refund. He said there was no law. So I said, well then I won’t provide it if the law doesn’t require it, and he said that they wouldn’t process my return until I provided it. So I said, so that means the law DOES require it? This time he said yes, but still couldn’t actually come up with a specific law. He then wanted my name and phone number so that he could “get back to me” about it… but he was pissed off by this point, I didn’t want him to make a note on my file or something that would delay my refund any further so I said I’d call back when the person in charge had returned.

The person in charge said, it was for the purpose of confirming my address, because I don’t have a juminhyo… but again, I didn’t have a juminhyo LAST year either. And if they are really checking everyone at city hall, there is a record of my address there as well, it’s a different deprtment but they could still check. He then said it was to confirm the spelling of my name in English… again, doesn’t make sense to me as all of the documents issued by all of the companies I freelance for list my name in kanji-katakana (which I requested them to do BECAUSE it’s the way I’ve always filed my tax return and silly me, I thought the names should match?)

I did get this second guy to tell me that I could submit a copy of my driver’s license instead or copy the gaijin card and black out everything except name, address, and date of birth, when I said that it wasn’t the tax office’s job OR right to check my birthplace or status of residence etc.

But… what is the deal here? Has anyone else has this experience? This year only, or have I just lucked out seven years running? Does anyone know what the law DOES say about this? Do I have to submit it? Can they really withhold my tax refund, for taxes that I paid but never owed in the first place, if I don’t submit it?

I never know what to do in this situation… if it’s a hotel or another business, in the end, they want my money and the money of all the people I’m going to tell about my lousy experience… in this case, it’s the government and they’ve got 48,000 yen that I want and need, and in the end they KNOW that I’m not going to throw away that money on principle… I considered throwing the teigakukyuufukin paperwork in their faces when the woman had the nerve to refer to my “husband’s household” as something separate from ME… but that was a free handout, this money is MINE, I knew I was going to get it back and planned for it in my budget, so I feel like there’s not a lot I can do… I’d at least like to know what they are really checking, whether it’s for everyone or just people picked at random, and whether I can legally say no and still get my money (much as I’d like to make a stand, that’s a whole month’s pay coming back… they know they’ve got me up against a wall here)

Anyone else having problems? KYA

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MTJ replies:

A few things came to mind when I read your story, KYA.  First, that the form they sent seems to cover a lot of the new ‘procedures’ linked to the new family allowance program being implemented this month, specifically the brouhaha in the media over NJ who has children living abroad needing to jump through all sorts of hoops to qualify.  More tellingly, the part at the bottom confirms what I suspected was the case, it’s a piece of gyousei shidou;, or ‘administrative guidance.’  That’s why the official may have had trouble supplying you with an actual law, as it doesn’t actually exist.  However, in the minds of the local bureaucrats it’s just as good, especially if it “came from above.”

Wiki has a good stub on the subject here:

http://en.wikipedia.org/wiki/Administrative_guidance

ENDS

MHLW clamps down on NJ spongers of system claiming overseas kids. What spongers?

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.   In mid-March we had a storm in a teacup about DPJ policy re child allowances:  If NJ also qualified for child support, politicians argued, some hypothetical Arab prince in Japan would claim all 50 of his kids back in Saudi Arabia.  Well, thanks to that storm, we have the Health Ministry creating policy within weeks to prevent NJ from potentially sponging off the system.  As submitter JK notes, “What follows is article on why 厚生労働省 feels the need to clamp down on those untrustworthy foreigners; never mind about the lack of data.”

Gov’t gets tough on allowances for foreigners who claim to have children in home countries
http://mdn.mainichi.jp/mdnnews/news/20100407p2a00m0na008000c.html

子ども手当:外国人支給、厳格に 子との年2回面会要件
http://mainichi.jp/life/edu/child/archive/news/2010/04/20100407ddm002010042000c.html

Well, that’s proactive policymaking in Japan.  In the same way that anti-terrorism policy that targets foreigners only was proactive (although it took a few years to draft and enact).  Here, the bureaucrats could just do it with a few penstrokes and call it a “clarification”, without having to go through the pesky political process.

But the assumption is, once again, that a) foreigners are untrustworthy and need extra background checks, and b) any policy that might do something nice for the Japanese public needs to be carefully considered by viewing it through the “foreigner prism”, for who knows what those people might do to take advantage of our rich system?  “What-if” panicky hypotheticals without any data win the debate and govern policymaking towards NJ again.

Arudou Debito in Sapporo

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Gov’t gets tough on allowances for foreigners who claim to have children in home countries
(Mainichi Japan) April 7, 2010

The Health, Labor and Welfare Ministry has tightened conditions for paying child-care allowances to foreigners who reside in Japan and claim to have children in their home countries, ministry officials said.

The move is aimed at preventing foreign residents from illicitly receiving expensive allowances by falsely adopting children in their home countries or using other tricks to deceive Japanese authorities. The ministry has notified local governments across the country of its decision.

Before providing child-care allowances, local governments are required by the ministry to confirm that such recipients meet their children in their home countries at least twice a year by checking their passports, and make sure that they send money to their children at least once every four months.

The ministry took the measure out of fear that a large number of foreigners would falsely adopt children in their home countries for the sole purpose of illegally receiving child-care allowances in Japan.

The number of foreign residents’ children who receive child allowances while living in their home countries remains unclear, according to the ministry.

Some local governments have expressed concern that the measure would increase their workload.

Original Japanese story

子ども手当:外国人支給、厳格に 子との年2回面会要件
毎日新聞 2010年4月7日 東京朝刊

厚生労働省は、国内に住み母国に子供がいる外国人に対する子ども手当の支給要件を厳格化する通知を各自治体に出した。年2回以上面会していることをパスポートで確認することなどが柱。児童手当は比較的緩やかな条件下で支給されてきたが、高額の子ども手当で不正受給を防ぐことを狙った。

児童手当は、子を養育する権限があり、生計を維持する保護者に支給。母国に子がいる外国人については、出生証明書と送金証明書があり、面会などしていれば支給してきた。だが面会の立証は困難で、手紙の提示だけでよかったり、証明を求めない自治体もあった。証明書の偽造も可能と指摘されており、不正受給目的の養子縁組の横行などが危惧(きぐ)されていた。

このため厚労省は、少なくとも年2回以上の面会をパスポートで確認▽約4カ月に1回以上の送金を銀行の送金通知などで確認--などを支給要件と定め通知した。

厚労省によると、母国で児童手当を受給する子どもの数は把握されていない。年度末に子ども手当の駆け込み申請があった自治体もあり、今回の通知に対し、自治体側からは「事務負担がどのくらい増えるか未知数」と懸念する声も上がっている。【野倉恵】
ENDS

Rough draft text of my speech to UN Rep Bustamante Mar 23 in Tokyo

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 rough draft of the text of the speech I’ll be giving on Tues, March 23, before a United Nations rep. I have twenty minutes tops. I read this at a normal pace aloud today and it came about sixteen minutes. Eight pages, 2500 words, written in a conversational style. FYI. Thanks for your support, and see you at the upcoming FRANCA meetings this Sunday and next Saturday. Arudou Debito in Sapporo

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Statements to Mr Bustamante, Special Rapporteur on the Human Rights of Migrants, in Tokyo, March 23, 2010, by ARUDOU Debito, Chair, Foreign Residents and Naturalized Citizens Association (FRANCA, www.francajapan.org), regarding racial discrimination in Japan.

This document may be downloaded at http://www.debito.org/ArudouBustamantestatement032310.doc

The powerpoint accompanying this presentation may be downloaded at http://www.debito.org/FRANCABustamantepresentation032310.ppt

Table of contents for the belowmentioned “blue folder” with links to sources at http://www.debito.org/?p=6201


First, let me thank Mr. Bustamante and the United Nations for their attention to the situation of minorities and disenfranchised peoples in Japan.  There are very few effective forums in Japan for us to take our grievances, and we all very much appreciate the Special Rapporteur hearing as many sides of the story as possible.

I wish to focus on the situation of peoples of “foreign” origin and appearance, such as White and non-Asian peoples like me, and how we tend to be treated in Japanese society.  Put simply, we are not officially registered or even counted sometimes as genuine residents.  We are not treated as taxpayers, not protected as consumers, not seen as ethnicities even in the national census.  We not even regarded as deserving of the same human rights as Japanese, according to government-sponsored opinion polls and human rights surveys (blue folder items I-1, I-6 and III-6).  This view of “foreigner” as “only temporary in Japan” is a blind spot even the United Nations seems to share, but I’ll get that later.

Here is a blue 500-page information folder I will give you after my talk, with primary source materials, articles, reference papers, and testimonials from other people in Japan who would like their voice heard.  It will substantiate what I will be saying in summary below.

To start off, here is an overview of our presence in Japan.  According to official figures, the number of Non-Japanese on 3-month visas and up in Japan has grown since 1990 from about one million to over two million.  The number of Permanent Residents has reached record numbers, of over one million.  In other words, about half of all registered Non-Japanese in Japan can stay here permanently.  I would like to point out here how difficult it is to receive Permanent Residency in Japan.  It takes about five years if you are married to a Japanese, ten years if you are not.  The point is, a million Non-Japanese Permanent Residents are not a “temporary” segment of Japanese society.

Moreover, this does not count the estimated 300,000 to 500,000 naturalized Japanese citizens since the 1960’s.  I am one of those naturalized Japanese citizens.  Nor does this count the international families from Non-Japanese marrying Japanese.  We have about 40,000 international marriages every year, a significant increase from the 30,000 per year a decade ago.  If each couple has two children over their lifetime, which is not an unreasonable assumption, eventually that means 80,000 ethnically-diverse Japanese children.  Over ten years, that adds up to 800,000 – almost a million again.  However, not all of these children will “look Japanese”.

Sadly, we don’t know how many children, or people, of diverse backgrounds with Japanese citizenship are out there, because the Japanese Census does not survey for ethnicity.  The Japanese Census only surveys for nationality, despite our repeated requests for the census to reflect Japan’s diversity.  Meaning, when I fill out the Census, I write down “Japanese” for my nationality, but there is no way for me to indicate that I am a “Caucasian Japanese”, or an “Japanese of American extraction” (amerika kei nihonjin).  I believe this is by design, because the politics of identity in Japan are “monoculturality and monoethnicity”.  This is simply a fiction.  It wasn’t true in the past, and with modern Japan’s emerging immigration, assimilation, and ethnic diversity, it’s even less true now.  The official conflation of Japanese nationality and ethnicity is incorrect, and our government is willfully refusing to collect any data that would correct that.

The point is, the lines have blurred to the point where we cannot tell who is “Japanese” any more just by looking at them.  This means any time we have any distinctions made between “foreigner” and “Japanese”, be it police racial profiling or “Japanese Only” signs, it will also affect some Japanese citizens too.  This is why we need a law against racial discrimination in Japan – not only because it will help non-citizens assimilate into Japan, but also it will protect Japanese against xenophobia, bigotry, and exclusionism.  Discrimination that is “deep and profound”, and “practiced undisturbed in Japan”, according to UN Rapporteur Doudou Diene in 2005 and 2006[1].

At this point, I would like to show some differences in standpoint, between my esteemed colleagues and minorities being represented today, and the people I am trying to speak for.  The minorities in Japan as defined under the CERD, including the Ainu, the Ryūkyūans, the Zainichi Special Permanent Resident ethnic Koreans and Chinese, and the Burakumin, will be speaking to you this week and next as people who have been here for a long time, much longer than people like me, of course.  They make their claims based upon time-honored and genuine grievances that have never been properly redressed.  For ease of understanding, I will call some of them the “Oldcomers”.  I am here on behalf of what I will call the “Newcomers”, people who have come here from other countries relatively recently, to make a life in Japan.  Both “Oldcomers” and “Newcomers” contribute to Japanese society, including taxes, service, and culture.  But it is we “Newcomers” who really need the protections of a Japanese law against racial discrimination, because we, the people who are seen because of our skin color as “foreigners” in Japan, are often singled out and targeted for our own special variety of discriminatory treatment.

Here are examples I will talk briefly about now:

1) Discrimination in housing and accommodation

2) Racial Profiling by Japanese Police, through policies officially depicting Non-Japanese as criminals, terrorists, and carriers of infectious disease

3) Refusal to be registered or counted as residents by the Japanese Government

4) “Japanese Only” exclusions in businesses open to the public

5) Objects of unfettered hate speech

All of these examples are substantiated in the blue information folder, but again, words in brief about each item.

1) Discrimination in housing and accommodation

One of the first barriers many Newcomers face in Japan is the daunting prospect of finding an apartment.  According to the Mainichi Shimbun (Jan 8 2010[2]), on average in Tokyo it takes 15 visits to realtors for a Non-Japanese to find an apartment.   Common experience — and this is all we have because there is no government study of this problem — dictates that the agent generally phrases the issue to landlords as, “The renter is a foreigner, but is that okay?”  This overt discrimination happens with complete impunity in Japan.  One Osaka realtor[3] even advertises apartments as “gaijin allowed”, thus an option at odds with the status quo.  Again, there is no national government body collecting information on this problem, or hearing grievances.  The people who face discriminatory landlords can only take them to court.  This means years, money for lawyers and court fees, and an uncertain outcome, when all you need is a place to live, now.

Another issue is hotels.  They are expressly forbidden by the Hotel Management Law Article 5 to refuse customers unless rooms are full, there is a clear threat of contagious disease, or a clear threat to “public morals” (as in pornography).  However, government surveys, according to CNN et.al, (Oct 9, 2008[4]), indicate that 27% of all Japanese hotels don’t want foreign guests.  Not to be outdone, the Fukushima Prefecture Tourist Information website until last January advertised, as per their own preset options, that 318 of their member hotels were all refusing Non-Japanese[5], even though this is clearly illegal.  Thus even when a law technically forbids exclusionism, it is not enforced.  Excluders even get promoted by the authorities.

2) Racial Profiling by Japanese Police

Another rude awakening happens when you walk down the street.  Japanese police will stop you in public, sometimes rudely demand your ID card (which all foreigners – only — must carry at all times or face incarceration and criminal prosecution), and record your personal details.  This can be for walking while White, cycling while foreign-looking, using public transportation while multiethnic, or standing waiting for arrivals at airports while colored.  In one person’s case, he has been “carded”, sometimes through physical force, more than 50 times in one year, as of today exactly 125 times over ten years (blue folder item I-2).

The police claim they are hunting for foreign criminals and visa overstayers, or there are special security measures or campaigns in place, etc.  However, you can see in the blue folder, this is an extension of the depiction of Non-Japanese in official government policies as “terrorists, criminals, and carriers of infectious diseases” (items II-9 through 11).  None of these things are contingent on nationality.  Consequently, after 2007 all non-citizens must be fingerprinted every time they re-enter Japan.  This includes the “Newcomer” Permanent Residents, which goes farther than its model, the US-VISIT program this, which does not refingerprint Green Card holders.  The epitome of bad physical and social science must be the National Research Institute of Police Science, which has received years of government grants to research “foreign DNA”, for more effective racial profiling at crime scenes (see blue folder item II-2).

In sum, thanks to national policy justifying racial profiling, the Japanese police are seeing non-Japanese as “foreign agents” in both senses of the word.  They are systematically taking measures to deal with them as a social problem, not a fellow resident or immigrant.  Furthermore, it goes without saying that enforcement depends upon personal appearance, as I too have been racially profiled on several occasions by police in public.

3) Refusal to be counted as residents by the Japanese Government

It is too complicated to talk about fully here (see blue folder, item III-1), but Japan’s registration system, meaning the current Koseki Family Registry and the Jūminhyō Residency Certificate systems, refuse to list Non-Japanese as “spouse” — or even “family member”.  Because they are not citizens.  In sum, officially Non-Japanese residents are not “residents” (jūmin), even though they pay Residency Taxes (jūminzei) like anyone else.  Worse, some local governments (such as Tokyo Nerima Ward[6]) do not even count Non-Japanese in their population tallies.  This is the ultimate in invisibility, and it is government-sanctioned.

4) “Japanese Only” exclusions in businesses open to the public

Since Japan has no law against racial discrimination, there have been signs up nationwide at places open to the general public, saying “Japanese Only”, “No Foreigners allowed”, etc. (blue folder item III-1).  Places enforcing exclusionary rules include stores, restaurants, hotels, family public bathhouses, bars, discos, an eyeglass outlet, a ballet school, an internet café, a billiards hall, a women’s boutique, and a newspaper subscription service.  Nevertheless, the government has said repeatedly to the UN that we don’t a racial discrimination law because we have an effective judicial system.  That is untrue.  In the Otaru Onsens Case (1999-2005, blue folder items III-1 and III-7), where two Non-Japanese and one naturalized Japanese were excluded from a public bathhouse, judges refused to rule that this activity was illegal due to racial discrimination.  They called it “unrational discrimination”.  Moreover, they refused to enforce the CERD as law, or sanction the negligent Otaru City government for not taking effective measures against racial discrimination.  The Supreme Court even refused to hear the case.  Furthermore, in 2006, an African-American was refused entry into an eyeglass store by an openly racist owner, yet the Osaka District Court ruled in favor of the owner!   We need a criminal law, with enforceable punishments, because the present judicial system will not fix this.

5) Objects of unfettered hate speech

The blue folder talks more about cyberbullying of minorities and prejudiced statements made by our politicians over the years.  Other NGOs will talk more about the anti-Korean and anti-Chinese hate speech during the current debate about granting local suffrage rights to Permanent Residents.  I would instead like to briefly mention some media, such as magazine “Underground Files of Crimes by Gaijin [sic]” (Gaijin Hanzai Ura Fairu (2007), blue folder item III-2), or “PR Suffrage will make Japan Disappear” (Gaikokujin Sanseiken de Nihon ga Nakunaru Hi) (2010[7]).  Both of these books stretch their case to talk about an innate criminality or deviousness in the foreign element, and “Underground Files of  Crimes” even includes things that are not crimes, such as dating Japanese women.  It even includes epithets like “nigger”, racist caricatures, and ponderings on whether Korean pudenda smell like kimchi.  This is hate speech.  And it is not illegal in Japan.

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

To summarize, the Japanese government’s stance towards the CERD is simple (blue folder item VI-1).  The Ainu, Ryūkūans, and Burakumin are citizens, therefore they don’t need CERD protection because they are protected by the Japanese Constitution.  However, the Zainichis and “Newcomers” are not citizens, therefore they don’t get protection from the CERD.  Therefore, our government effectively argues, the CERD does not cover anyone in Japan.

Yeah, well what about me?  Or our children?  Are there really no ethnic minorities with Japanese citizenship in Japan?

In conclusion, I would like to thank the United Nations and their Rapporteurs for investigating our cases.  The CERD Committee on March 16, 2010 (CERD/C/JPN/CO/3-6), issued some very welcome recommendations.  However, and I would like to go back to something I said in the beginning, that the UN has a blind spot in these negotiations.

In the CERD Committee’s discussions with the Japanese government in Geneva on February 24 and 25, 2010, very little mention was made of the CERD’s non-enforcement in Japan’s judiciary and criminal code.   Almost no mention was made of Japan’s “Japanese Only” signs.  These are the most indefensible violation of the CERD.

The problem is, both sides, both Japan and the UN, have a blind spot in how they perceive Japan’s “minorities”.  Non-Japanese were never couched as residents of or immigrants to Japan, but rather as “foreign migrants”.  The unconscious assumption seems to be that 1) “foreign migrants” have a “temporary status” in Japan (particularly when Japan’s reps portrayed ethnic schools for Non-Japanese as for “foreign children in Japan only for the short stay”), and 2) Japan has few “ethnically diverse Japanese citizens”.

Look, it’s time for an update.  Look at me.  I am a Japanese.  Like any other.  Because the government put me through a very rigorous and arbitrary test for naturalization and I passed it.  People like me are part of Japan’s future.  Please, when you make your recommendations, have them reflect how Japan has changed, and how Japan must face up to its multicultural society already in place.  Please, recognize us “Newcomers” as a permanent part of the debate.  The Japanese government still will not.  They say little that is positive about us.  And they allow very nasty things to be said by our politicians, policymakers, and police.

It’s about time we all recognized the good things that we “Newcomers” too are doing for our home, Japan.  Please help us.

ENDS


[1] www.debito.org/rapporteur.html

[2] www.debito.org/?p=5703

[3] www.debito.org/?p=723

[4] www.debito.org/?p=1940

[5] www.debito.org/?p=5619

[6] www.debito.org/?p=1972

[7] www.debito.org/?p=6182

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
UPDATES ON TWITTER: arudoudebito
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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). http://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. http://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. http://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. http://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. http://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. http://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

Comfort Hotel Nagoya unlawfully tries Gaijin Card check on NJ resident, admits being confused by GOJ directives

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.  Writing to you jetlagged from Sapporo, just back from Canada.  I had a wonderful trip and if I can get my next Japan Times column (out Tuesday March 2) out in time (my topic I had been writing about got bumped with the sumo stuff I blogged about yesterday) I might write some impressions.

Meanwhile, pursuant to the discussions we’ve had recently on Debito.org about exclusionary hotels, here’s an email I got last month regarding Comfort Hotel Nagoya’s treatment of a NJ customer, and how Debito.org empowered her to stand up for herself.  Well done.  Even the management says the administrative guidance offered by the authorities, as in the law requiring ID from NJ tourists vs. the official (but erroneous) demands that all NJ show ID, is confusing them.  And since I’ve pointed this out several times both in print and to the authorities (and the US Government itself has also asked for clarification) to no avail, one can only conclude that the GOJ is willfully bending the law to target NJ (or people who look foreign) clients just because they think they can.  Don’t let them.  Do what SM did below and carry the law with you.  And stand up for yourselves when you check into a hotel.  Arudou Debito in Sapporo

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From: SM
Subject: Asked For Passport & Alien Registration – Comfort Hotel Nagoya Airport
Date: January 13, 2010
To: debito@debito.org

Hello Debito,

We met in September at the Writers Conference in Kyoto. I enjoyed your presentation, and I am a regular reader of your website.

Below is a letter I received from the management at the Comfort Hotel Chubu Airport. If you would like to use my story as well as the letter below on your site, feel free to add it. If you do decide to use it on your site, could you remove my name and email address? Thanks.

The background:

For Christmas vacation, I decided to avoid the morning rush to the airport and spend the night at the Comfort Hotel, conveniently attached to Chubu International Airport. When I checked in, I was immediately asked for my passport. I let the clerk know that I was a long-term resident of Japan, and would be giving her my home address rather than a passport. She then said that if I would not give her the passport, I would have to show her my Alien Registration card. I told her that as a resident with a permanent address, this would not be necessary. She said it was the law, and that to stay in the hotel, I would have to show her my card. I once again refused, telling her that she did not have the authority to ask for an Alien Registration card. She became quite flustered. I continued filling out the form, including my full name and address. When I passed her the form, she stood her ground and said I must show her my card. I asked to speak to a manager. She left, and I waited in the lobby for ten minutes. She returned with another woman who did not say a word to me. She told me the amount to pay, gave me my change and sent me on my way. I was too tired to pursue it, and just happy that I had a room to go to.

In the morning, I returned to the lobby and asked to speak to a manager. A man came out, and I explained the law to him and showed him the English/Japanese version of the law provided on Debito’s site (I had it displayed on my iPhone). He was polite, but quite insistent that the law stipulates that all foreign residents are required to show their Alien Registration. I asked him to research it further and gave him my business card. (By the way, he was Chinese. I asked him if he was ever required to show his Alien Registration when he stayed at hotels. He answered honestly that he wasn’t. He then gave me his business card which indicated that he had taken a Japanese name. When I pointed this out to him, and asked whether his name may be the reason he is never asked to show his identification, he smiled and agreed that that was probably the case.)

He did research the law, and wrote the following letter to me:

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

From: “コンフォートホテル中部国際空港”
Subject: Thank you stay
Received: Friday, January 8, 2010, 7:48 AM

Dear SM

Thank you for having stayed at Comfort Hotel Central Intl. Airport at the end of Last year.

I am ashamed that our staff’s imperfect knowledge of non-Japanese residents made you unpleasant when you registered at our hotel due to the lack of my training as the manager.

The reason was the staff had been confused the registration procedure for non-Japanese residents with the one for foreign visitors. The Hotel Business Law under the Ministry of Health, Labor and Welfare says hotel staffs must see and copy the foreign visitors’ passports.

I looked over the Law concerning this case.
The Alien Registration Law under the Ministry of Justice says, in Art. 3, paragraph 1,2 and 3, non-Japanese residents cannot refuse to show their alien registration cards when government officials demand to do it. It means we, hotel staffs, don’t have the right to ask non-Japanese residents for their alien registration cards as you said.

I learned from this case and gave directions to our hotel staffs. I keep on training them so that they understand the Laws concerning the registration procedure for non-Japanese guests well and provide good service.

I would like you to know the reason for this case was that the guidance by the two Ministries confused the staff and she didn’t understand well.

We hope we have a chance that you stay at our hotel.

Comfort Hotel Central Int’l Airport
Manager
Eisho Hayashi

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Needless to say, I was very pleased that he had followed up on the problem, and accepted responsibility for the mix-up. As I travel quite a bit, I am going to give the Comfort Hotel another chance. I’ll be heading out of Nagoya in late February ~ I’ll let you know how it goes at that time.

Thanks, Debito, for keeping me in the know of my rights. I’m not sure I would have had the nerve to push it as far as I did without having the knowledge that you supply on your site. SM

ENDS

Mainichi: Rwandan Refugee applicant jailed for weeks for not having photograph on GOJ-issued document

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 a case of how the GOJ can be incredibly insensitive towards how the J cops police NJ:  Not issuing them documents properly just in case they get snagged for Gaijin Card checks.

There was the threat of this sort of thing happening when a friend of mine accidentally overstayed his visa back in 2004, and after he went in, owned up, and was forgiven by Immigration, they issued no physical proof that his visa was now legal and could have been deported anyway had he not avoided Police Boxes for the following few weeks:

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Visa villains
Immigration law overdoes enforcement, penalties

…A university professor, who has worked in Japan for more than a decade, discovered his visa was three weeks overdue. He went to Immigration to own up — which, until recently, would have resulted in a lot of bowing and a letter of apology. But this time, after being questioned, photographed, and fingerprinted, he was told that he was now a criminal, warranting an indefinite period of background investigation.

Problem is, officials refused to issue any evidence that his visa was being processed. Outside Immigration, he was still as illegal as when he walked in. Their advice? “Stay out of trouble. And remember your case number.”

Contrast that with how Japan processes other forms of identification, such as driver licenses. The government mails all bearers a reminder before expiry. During processing, you get a temporary license to keep you out of jug in case you get stopped by the cops.

But if the professor gets snagged for a random Gaijin Card Check, he might just disappear. With detentions short on legal advice or contact with the outside world, what’s to stop another summary deportation?
http://www.debito.org/japantimes062904.html
//////////////////////////////////////

Things haven’t changed.  Read on.  This negligence on the part of otherwise thorough policing in Japan is worse than ironic.  It should be unlawful — harassing, even incarcerating, otherwise law-abiding NJ just because they got zapped by racial profiling in the first place.  Arudou Debito in Edmonton

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Rwandan refugee held by prosecutors over visa status
(Mainichi Japan) January 23, 2010, Courtesy of M&M

http://mdn.mainichi.jp/mdnnews/news/20100123p2a00m0na026000c.html

NAGOYA — A Rwandan man seeking refugee status in Japan has been held in custody for over two weeks, on suspicion of violating the Immigration Control Law.

The office of the United Nations High Commissioner for Refugees (UNHCR) and refugee relief organizations are requesting his release, police said.

The 30-year-old was arrested on Jan. 7 for failing to present valid identification after stopped by local police in the Aichi Prefecture city of Kita-Nagoya, according to his lawyer. He was carrying a copy of the receipt for his refugee status application, but the document was deemed invalid without a photograph.

On Jan. 13, the Nagoya District Public Prosecutors Office was informed by the Ministry of Justice that the man filed for refugee status with the Nagoya Regional Immigration Bureau in 2008. However, public prosecutors have decided to keep the man in custody until Jan. 28, and the local summary court has approved the decision.

“We cannot comment on the matter as we are in the middle of an investigation,” said public prosecutors.

The man, a member of the Tutsi ethnic minority from southern Rwanda, fled to Uganda in 1994 to escape persecution. He was 14 years old. He lost contact with his family and returned home in 2003. In April 2005, he arrived in Japan on a fake passport.

After working in Aichi and Mie prefectures for a couple of years, the man applied for refugee status in November 2008. However, despite three interviews with immigration authorities he has yet to be granted refugee status. He also applied for a foreign resident certificate in Kanie, Aichi Prefecture, in October 2009, but the municipality says they cannot verify the applicant’s identity.

According to the Foundation for the Welfare and Education of the Asian People’s Refugee Assistance Headquarters, foreigners who have been arrested for illegal overstaying or nonpossession of passport are often released if only their application for refugee status is confirmed.

“It is unlawful that police and public prosecutors keep him in custody knowing his status,” said lawyer Naoya Kawaguchi.

ENDS

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愛知県警:難民申請中のルワンダ人男性逮捕…確認後も拘置
毎日新聞 2010年1月23日
http://mainichi.jp/flash/news/20100123k0000m040129000c.html

愛知県警に出入国管理法違反(旅券等不携帯)容疑で7日に逮捕されたルワンダ人男性(30)が、難民認定申請中と確認された後も拘置され続けていることが22日分かった。男性から08年に申請を受けた名古屋入国管理局は、強制収容せず在宅で審査を続けていた。県警によると、国連難民高等弁務官事務所(UNHCR)や難民支援団体からは早期釈放を求める意見が寄せられているという。

県警西枇杷島署や男性の代理人弁護士によると、男性は7日、愛知県北名古屋市の路上で警察官の職務質問を受け、旅券や外国人登録証を携帯していなかったことから署に任意同行された。

男性は難民認定申請の受理を示す書類の写しを提示したが、書類に顔写真がなく本人確認ができないとして現行犯逮捕された。13日に法務省から男性が在宅で難民認定の審査中だとの情報提供を受けたが、地検はさらに10日間の拘置延長を求め、名古屋簡裁も認めた。拘置期限は28日で、男性は22日現在も同署に拘置されている。

難民認定の申請書によると、男性はルワンダ南部出身のツチ族。ルワンダ内戦時にフツ族の迫害を受け、14歳だった94年に隣国のウガンダに逃れた。家族とは音信不通となり、03年の帰国後は支援者にかくまわれ、05年4月に支援者が用意した偽造旅券で来日した。

愛知県や三重県で働き、08年11月に知人の勧めで難民認定を申請した。これまで3回入管の事情聴取を受けたが、結論は出ていない。09年10月には愛知県蟹江町に外国人登録を申請したが「本人確認ができない」との理由で判断は保留されている。

アジア福祉教育財団難民事業本部によると、難民申請者は、旅券等不携帯や不法残留の容疑で逮捕されても申請中と確認されれば釈放される例が多いという。代理人の川口直也弁護士は「入管が在宅で審査中なのに、警察や検察が身柄拘束を続けるのは不当だ」と訴えている。

名古屋地検は「捜査中なのでコメントは差し控えたい」、西枇杷島署は「拘置請求は地検の判断」としている。【秋山信一】

ENDS

Odd treatment of “naturalized” people (guess who) by Air Canada/Canadian Government at Narita Airport

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.  Writing to you from Calgary, Canada.  As a tangent that might not be all that tangental, let me tell you about an odd experience I had at Narita Airport yesterday.

It was a breeze for a change getting out of Hokkaido and going overseas (which generally means, if you don’t go through Seoul, that you go through KIX or Narita), as my bags were checked all the way through to Vancouver (meaning I didn’t have to get my bags and go through long-lined Immigration procedures again at Narita).  And no, there were no double-takes at my Japanese passport at any stage of the game.

That is, until boarding.  I had a ten-hour layover in Narita (!! — it was longer than my actual flight to Canada), so I holed up in the United Airlines lounge (the ANA lounge idiotically won’t take non-members willing to pay 50 bucks at United or Delta) for the duration and got stuff done (free beer and internet, not bad at all).  Then when I was heading back for the gate about fifteen minutes before boarding, I was paged along with about four other people to come to the Air Canada desk at the gate.

They asked to see my passport.  I obliged.  Then they asked (whole exchange in Japanese):

“You’re naturalized, right?”  Yes.

“What was your nationality before?”

I double-took and told them that was unessential information.

“So you are unwilling to say?”

I asked what this information was necessary for.

“We’re just asking.”

“No you’re not.  Who needs this information?  You as the airline?”

“No, the Canadian Government wants it.  They’re an immigration country.  They’re trying to avoid faked passports.”

Me:  “Erm, I don’t get it.  I’m not on a faked passport, obviously.  And it’s not a Canadian passport anyway.  Why are naturalized people more suspicious?”

“I don’t know.”

“Were any of the other four people you paged called up for a passport check?”

“No, different business.”

“So you’re only singling out the naturalized people for extra identity checks?”

“Yes.”

“This is, frankly, annoying and insulting.  And unCanadian.  I went over there in 2006 and was not subjected to this.  When did this start?”

“I don’t know.  I’ve only been working here about a year.”

“Well, I’m not telling you my birth nationality.  It’s unnecessary.  And I don’t see how knowing that helps you smoke out any faked passports.  Okay?”

That was fine.  They pursued it no further.

I got through YVR and other checkpoints just fine, again, with no double takes.

Any thoughts from people out there?  Anyone with connections to the Canadian government willing to ask around and see if this is actual policy?

Arudou Debito in Calgary

Ariel updates experience with not-random Gaijin Card and Passport Checks by Narita cops

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.  On this day of heading for Narita, here’s an update from a Debito.org Reader on how the Narita Airports Not-Random Gaijin Card Checks are continuing unabated.  I hope for their sake they don’t stop me; not in the mood.  Arudou Debito in transit

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January 31, 2010.  Author:  Ariel

Hi Debito, I’m not sure whether you’re interested in an update on what’s going on at Narita, but I’ve noticed the topic cropping up in the comments lately.

My work takes me to Narita airport an average of once a month, and I’ve been noticing an increase in “random” police checks since last September. In my first three years living/working in Japan I was never once stopped by a policeman, but I was stopped three times in a row recently. I’m a caucasian woman in her mid-20’s by the way.

Early September: I was in the arrival lobby waiting to pick up some college-aged interns when I was approached by a uniformed policeman who asked for my passport in English. I explained in Japanese that I lived in Japan, so he asked for my ARC. I asked why, and he gave the standard explanation of catching overstayers. I didn’t want my new interns’ first impression to be of me arguing with an officer, so I gave in and let him take down my info.

Early November: I was sitting in the departure lobby filling out some paperwork before heading through security to catch a flight. Two officers came up and once again asked to see my passport in English. I asked why, and this time they said it was an anti-terrorism thing. Since I didn’t want to risk being late for my flight I let them take down my info (they even asked for my phone number) but gave them a hard time about how kibishii and mendou Japan is getting. They actually laughed and agreed.

Early January: I was standing in the departure lobby with another female caucasian coworker when two officers approached and started the standard conversation (I actually saw them eyeing us, and predicted to my coworker that we were going to get carded…sucks to be right). Once again, when asked why they were doing the check they blamed it on anti-terrorism procedures, though they were quick to assure us that of course they didn’t think the two of us were terrorists, but they needed to go through the motions. I responded that I felt it was an invasion of privacy, which caused them to get a bit stone-faced. I then asked “shinakutemo ii desu ka”, and they hemmed and hawed a bit, but eventually walked away.

Late January: I didn’t get stopped this time, but I also had a Japanese coworker with me in addition to my caucasian coworker. We were in the departure lobby most of the time, and we didn’t notice any patrolling officers.

Today [January 31]: I was picking up yet another intern, and decided to do a bit of informal research. I stood by where people exit from customs, but well away from the general flow of traffic, while holding a sign with the intern’s name on it an my headphones securely over my ears. I think my general location and demeanor discouraged any officers from coming over to check me, every other time I had been stopped I was in a high traffic area and did not have any “barriers” to starting a conversation. However, I was in a great spot to observe what the three officers posted in the area were doing for the half an hour I was waiting.

One or two of the officers would periodically search for someone to check. They were most certainly not being random, they would stand in the flow of traffic and scan those passing by until someone caught their fancy and then they’d make a bee-line for them. I saw them stop a total of 11 people, ALL of whom were caucasian, and all of whom were walking alone or in pairs. None of the 11 protested, but then again they all had luggage and/or had just exited customs, so it’s quite possible they were mostly tourists. I did not see them stop any other NJs (black, latino, etc), but strangely there seemed to be only caucasians and asians in the terminal at the time (yes, I looked). The only time I saw the officers speak to an asian was when a young woman approached an officer and asked for directions.

Granted this is essentially all anecdotal evidence, but it seems pretty clear that the police at Narita have been instructed to engage in active racial profiling. The oddest thing to me though is that these officers don’t seem to care about finding dangerous people, rather they seem to be targeting people who seem to be easy to approach and won’t make a fuss in order to make a quota and give the appearance that they are doing something to combat crime and terrorism. Is it just me, or is this the opposite of what the goal of airport security should be? Instead of keeping an alert watch out for legitimately suspicious people they are wasting half of their time stopping people they don’t think pose any threat!  Ariel

ENDS

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

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

http://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.

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

http://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.

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

http://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.

http://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.

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

http://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.

http://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.

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

http://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.

http://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.

http://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

DR on dealing with GOJ border fingerprinting: sandpaper down your fingers

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.  As this week leads into Xmas, I will be slowing down a bit on postings (who wants to read this kind of stuff during vacation time, anyway, right?), making them less frequent until the new year starts in earnest.  Meanwhile, DR sends me this post for blogging, food for thought.  Arudou Debito in snow-inundated Sapporo

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Sanding Down Your Fingerprints.

Incensed by the Japanese government’s slavish following of the US fingerprinting program, I decided to take charge of my own biometrics.

(1)  The temptation to use harsh, large grit sanding paper was my first impulse, but I settled on a very fine black glass paper for the huge amount of 85 Yen at Jumbo Encho. Usually the packages have a window so the grade of paper can be felt without opening it.

(2)  I started sanding on my outbound journey. It was a Nagoya to Frankfurt trip, 12 hours and lots of time to gently sand all my finger and thumb prints lightly. The secret is lightly.

(3)  I was to be in the EU for almost three weeks, so about ten minutes per day I would sand a little, lightly. Even sanding lightly it’s easy to break the skin and to expose muscle fibres, causing bleeding. Any distinguishing mark makes a fingerprint more identifiable, and defeats the whole purpose. After about a week I felt like a safe-cracker. Everything I touched was more pronounced; heat, cold, textures. Everything. I couldn’t touch the strings on a guitar as my fingers were too sensitive. I could distinguish the dots on Braille texts much better than before! Eventually the fingers callous-over and, with time, the surfaces become harder.

(4)  Then I started to test what my fingerprints would leave behind using a simple, plain drinking glass. It’s almost impossible not to leave a print on a clean glass. So, one by one over the next two weeks of my stay, I systematically sanded down the spots on each finger individually until I was satisfied that I left only an indistinguishable smudge on the clean drinking glass. After that, I made a paste of white sugar and water and soaked all my fingers in the small dish of that paste for a few minutes a day. The carbonic acid in sugar puts a nice polish on fingerpads, almost “sealing in” the plain surfaces, and erasing any signs of visible alteration. (That trick I learned of a very old episode of Hawaii 5-O!)

(5)  On arrival in Chubu, Nagoya I handed in Debito’s tract protesting the fingerprinting, and the drone on the desk just sighed and went through the speech. I put my two index fingers on the pads, and he gave a “Hehhhhh!” He asked me to try all of my fingers in pairs. I did, also sighing and rolling my eyes. After they ALL came back smudges, he asked for the first set of indexes. “Sho-ga-nai!” he said, pushed the record button, snapped a very impatient looking face. With one swift motion he handed back my stamped passport, gaijin card and new in-out form, and I was on my way.

(6)  I’ve used this every time, but the last two they didn’t go through all the digits, just took the first and sent me on my way. I guess they figure I’m just a smudgy gaijin!

ENDS

Kyodo: GOJ responsible for hardship facing Ainu, incl racial profiling by J police on the street!

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
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Hi Blog.  Here’s a little article about how other minorities have it in Japan — the Ainu indigenous peoples, for one.  According to this, people of Ainu descent are even being racially profiled by police on the street just like NJ!  Anyone still want to argue that the NPA is not training the police to target foreigners (defined as “foreign looking”, hence the Ainu getting snagged)?  Even the police themselves below justify their actions as ferreting out NJ overstayers.  Read on.  Arudou Debito in Sapporo

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Former panel member says state responsible for hardship facing Ainu
Kyodo News/Japan Today Sunday 06th December 2009,
Courtesy SC
http://www.japantoday.com/category/national/view/former-panel-member-says-state-responsible-for-hardship-facing-ainu
TOKYO —
A member of a disbanded government panel on policies related to the Ainu said Saturday that the panel wanted to send a message to the government and the public that state policy has imposed hardships on the indigenous people and caused discrimination against them. ‘

‘We wanted to make it clear and tell the people in our report that the state was responsible for the suffering imposed on the Ainu and the disparities (between them and the majority group),’’ Teruki Tsunemoto, head of the Hokkaido University Center for Ainu & Indigenous Studies, told a symposium on Ainu policy in Tokyo.

Tsunemoto was one of the eight members of the panel, which was set up after Japan recognized the Ainu as an indigenous people last year and issued the report in July this year. The panel urged the government in the report to take concrete steps to improve the lives of Ainu people and promote public understanding of them through education.

Stressing the need to take specific measures for the Ainu, Tsunemoto, also a professor in constitutional law, said, ‘‘The Ainu have existed uniquely as an indigenous people and they have become a minority group not because they wanted to be but because the majority group of the Japanese advanced into their native land.’‘

‘‘The Ainu did not agree to become minority, so the state must take responsibility for driving them into their current status,’’ he said. ‘‘The panel did not propose providing ‘benefits’ to the Ainu but enhancing Ainu policies, based on the state’s political responsibility.’‘

A survey has shown that Ainu people still lead underprivileged lives, with their income levels and university advancement rate remaining low, compared with the national averages.

At the symposium, some Ainu people living in Tokyo and its vicinity shared their experiences of discrimination and expressed hope for future policy.

Akemi Shimada said, ‘‘People do not know much about the Ainu. Some people in Tokyo said to me when they saw me wearing traditional Ainu clothes, ‘Do the Ainu still exist?’ and ‘Are you from the Ainu country?’ I responded, ‘Where is the Ainu country?’‘’

Tomoko Yahata said she was stopped and searched in Tokyo nine times over the six months through October. ‘‘Responding to my question as to why they had stopped me, the police officers said it is because there are many overstaying foreigners,’’ she said.

Many Ainu must be facing similar difficulties as they now live nationwide, she suggested.

The Ainu at the meeting said they want sufficient support to improve their livelihoods while seeking their own space where they can pursue cultural activities such as traditional dancing, embroidery and cooking.

ENDS

GS on Michael Moore’s rights to complain about being fingerprinted at Japanese border

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.  I received this very thoughtful email from GS after Michael Moore’s visit to Japan, where he was perturbed by the border fingerprinting.  According to GS, he has every right to be.  Read on.  Arudou Debito in Sapporo

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December 14, 2009
Dear Debito-san,

Thank you for the heads-up I got on Mr. Michael Moore’s comments regarding fingerprinting.

As you know from our previous e-mail conversations, I am concerned about some aspects regarding the safety of fingerprint verification in general and J-VIS in particular.

Following-up on your article, I have taken the liberty of writing a long message to the website feedback form on Mr. Moore’s website, summarizing my concerns. Please find below a copy of my writing. I hope you find it useful.

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“Dear Sir, Madam,

Through the blog of Mr. Arudou Debito (www.debito.org), I’ve read part of Mr. Moore’s interview in Japan, in which he reported his fingerprinting experiences at the border (see http://www.debito.org/?p=5347). Though through this web form my message probably gets to the inbox of a webmaster, I hope you may find my response interesting enough to patch through to him. I would like to provide him with some hopefully interesting food for thought about fingerprinting in general, and the J-VIS (Japanese border check) system in particular.

Mr. Moore apparently got the hostile response that if he refused, he would be deported back to the United States on his question why he would have to be fingerprinted. I guess a good introduction to my story would be to point his attention to Article 4 of the Japanese “Act on the Protection of Personal Information Held by Administrative Organs” (see http://www.japaneselawtranslation.go.jp/law/detail/?ft=1&re=02&dn=1&x=0&y=0&co=01&ky=personal+data+administrative+organs&page=15, elements in Japanese writing have been deleted but can be seen in the original):

“Article 4 When an Administrative Organ directly acquires Personal Information on an Individual Concerned that is recorded in a document (including a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses [referred to as an “Electromagnetic Record” in Articles 24 and 55]) from the said Individual Concerned, the Administrative Organ shall clearly indicate the Purpose of Use to the Individual Concerned in advance, except in the following cases:
….
(i) Where the acquisition of Personal Information is urgently required for the protection of the life, body, or property of an individual
….
(ii) Where clear indication of the Purpose of Use to the Individual Concerned is likely to cause harm to the life, body, property, or other rights or interests of the Individual Concerned or a third party
….
(iii) Where clear indication of the Purpose of Use to the Individual Concerned is likely to cause impediments to the proper execution of the affairs or business of state organs, Incorporated Administrative Agencies, etc. (which means incorporated administrative agencies prescribed in Article 2, paragraph 1 of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. [Act No. 59 of 2003; hereinafter referred to as the “IAA Personal Information Protection Act” ]; the same shall apply hereinafter), local public entities, or Local Incorporated Administrative Agencies (which means local incorporated administrative agencies prescribed in Article 2, paragraph 1 of the Local Incorporated Administrative Agencies Act [Act No. 118 of 2003]; the same shall apply hereinafter)
….
(iv) Where the Purpose of Use is found to be clear in light of the circumstances of the acquisition”

I am not a lawyer (disclaimer), but it would seem to me that when Mr. Moore asked “why?”, he made a lawful request under article 4, while the answer that if he wouldn’t, he would be deported, doesn’t appear to me to be in the spirit of this article. Not to mention that the Immigration Bureau, the responsible party in this scheme, states in their FAQ: “we will properly store and protect your data, according to the basic law for the protection of personal data, the Act for the Protection of Personal Information Retained by Administrative Institutions.” (http://www.moj.go.jp/NYUKAN/nyukan64-2-1.pdf, note by the way the spelling differences in the title…). Right……

Privacy laws generally have a common ancestor and a common purpose. In 1980, a workgroup within the OECD (http://www.oecd.org/home/0,2987,en_2649_201185_1_1_1_1_1,00.html) published the “OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data” (http://www.oecd.org/document/18/0,3343,en_2649_34255_1815186_1_1_1_1,00.html), with eight key principles that form the basis of privacy laws worldwide. Contrary to both the statements: “If you have nothing to hide, you have nothing to fear” and “Big Brother is watching you”, these guidelines (roughly said) recognize the general legitimacy of using personal information, provided that such use is safe, sane and sensible.

Safe, sane and sensible… One is left to wonder about this when it comes to fingerprinting schemes worldwide… From what I understand, the key reason for implementing such schemes is the assumption that fingerprints provide a ‘silver bullet’ solution to identifying people, being unique, impossible to forge, and impossible to misidentify. However, by now it’s safe to say that fingerprinting schemes are not the ‘silver bullet’ hoped for, and that they are creating problems which might easily lead to grossly unfair treatment to individuals being unfortunate enough to become victims of such a problem.

Leaving all kinds of other problems aside, I would like to react to the assumption that fingerprints are impossible to forge first. One can find plenty of proof that fingerprints can be copied. The University of Yokohama (http://www.lfca.net/Fingerprint-System-Security-Issues.pdf) has published it’s groundbreaking article on this now almost 8 years ago, the Chaos Computer Club in Germany (http://dasalte.ccc.de/biometrie/fingerabdruck_kopieren), and the Mythbusters (http://www.youtube.com/watch?v=MAfAVGES-Yc) have spectacularly shown that it is possible. But the proof of the pudding is that in fact at least one person has been caught in Japan after defeating the J-VIS system (among others: http://archives.chicagotribune.com/2009/jan/02/nation/chi-090102-faked-fingerprint-japanese-airport). Some food for thought, the woman bought her fingerprints, so not only is it possible, but there are people out there making money on it. More food for thought in a few questions: Were the original prints from which the copies were made stolen? Were the copies registered as unreliable? And will the rightful owner get into trouble because someone else stole her/his fingerprints and did something unlawful? The answer is a triplicate: “We don’t know”. What we do know is that someone who is the victim of such identity theft is in for some serious trouble in those places where the assumption is still that it can’t be done…

The assumption that it’s impossible to misidentify people based on fingerprints is also incorrect. In this respect it may be the most interesting to follow the trail of the J-VIS devices.

On at least one of the airports, the devices used are from the company NEC. NEC is not very secretive about the tests proving the quality of it’s devices, they post links to the test results on their own website, with the headline NIST(= (US) National Institute for Standards and Technology)-Proven Accuracy (http://www.nec.com/global/solutions/biometrics/technologies/nist.html). But what is this accuracy?

Only the FpVTE2003 appears to test the kind of verification that is in use for J-VIS. On this, NEC says: “The FpVTE2003 was an international benchmark test of fingerprint matching, identification, and verification systems, conducted in the United States in 2003 under the control of one of the US’s most respected government authorities, the NIST.” So what does this test say? The Summary of Results (http://fpvte.nist.gov/report/ir_7123_summary.pdf) says:

“The most accurate fingerprint system tested (NEC MST) using operational quality single fingerprints:
• 99.4% true accept rate @ 0.01% false accept rate
• 99.9% true accept rate @ 1.0% false accept rate”

It is good here to explain the technical language. In the context of US-VISIT or J-VIS, fingerprints are checked against a list of unwelcome people, while NIST uses the standard terms for checking against a list of authorized (= welcome) people. This creates confusing language, but it can be explained fairly easily. A True Accept in the spirit of the US-VISIT or J-VIS system means that an unwelcome person (say, Mr. X) shows up and is recognised because of a fingerprint match. A False Accept means that a welcome person (say, Mr. Michael Moore) shows up, but is incorrectly recognized as Mr. X because of a false fingerprint match.

At this point, I would like to entertain Mr. Moore with a little side step, to which I get back later. What would a False Accept Rate of 0.01% mean? That’s infinitely small, right? Well, the J-VIS system went into operation on November 20th, 2007. I don’t have day-by-day figures on the number of visitors, but I can tell that in the year from December 1st, 2007 to November 30th, 2008, 8,513,909 visitors were registered in Japan (http://www.tourism.jp/statistics/xls/JTM_inbound20091027eng.xls). I would therefore expect 851 false alarms based on a False Accept Rate of 0.01%. It is not infinitely small.

So the question comes up: “Is fingerprint verification a form of Russian Roulette?” The answer is: “Not necessarily”. No system is perfect against theft or mistakes. But if the people running the system are well-trained and thorough, it is likely that they can spot and correct the problem before serious damage is done to the victim of either problem above. But for that to work and the people subjected to such a system to be safe, one principle is vital: Every person in the organization must have the capabilities of being able to take criticism, and also a healthy dose of self-criticism. That is never easy, and the more damage already done, the more difficult it becomes.

…And right at that point is where the comparison the officials from Japan’s Immigration Bureau made to Mr. Moore ends. One of the officials apparently told him: “But you do this in the United States, when we visit the United States.” True, they do undeniably verify fingerprints. They also undeniably verify and correct false alarms. In the words of Mr. Neil Latta, US-VISIT IDENT Program Manager at the time of writing of the following document (http://fingerprint.nist.gov/standard/archived_workshops/workshop1/presentations/Latta-LessThan10.pdf): “1:many Accuracy For a 2-finger Search Against a 6M Subject Database is 95% With a False Hit Rate of 0.08% (Exceeding US-Visit Requirements)”. And: “0.4% FAR Results in (0.4% x 100K Trxs/Day) = 400 Examiner Verifications”. Again in less technical terms, they verify false alarms, they know how many false alarms there are, and so on. Granted, given the reputation of ‘outstanding customer friendliness’ that Homeland Security has carved out for themselves, this is still likely to be a rather unpleasant experience, and there is almost certainly room for considerable improvement. But at the end of the day, here is the written proof that the Department of Homeland Security is capable of admitting mistakes.

Is this also the case on the Japanese borders? The answer is again: “We don’t know”. But in itself, this is an answer too. Just some food for thought, there’s nothing in the quoted FAQ, and the incident Mr. Moore had is not exactly the first one where the organization reacts with hostility to something that sounds remotely like criticism. It’s not exactly reassuring to have to depend for your own safety on the ability of an organisation to take (self-) criticism, while on less important details the same organisation shows a distinctive lack of that same ability.

And one detail gives more food for thought that is not very reassuring. Remember the 851 false alarms I would expect if there was a false accept rate of 0.01%? On November 29th, 2008, the Japanese Ministry of Justice (of which the Immigration Bureau is a part) made a press release stating that they had deported a total of 846 people based on fingerprint matches in the first year of operation (http://www.breitbart.com/article.php?id=D94NKV182&show_article=1). That is only five off that number… Or differently put, 846 people is 0.00994% of 8,513,909 visitors. The difference with a false accept rate of 0.01% is only 0.00006%… Is this proof that there is a Russian Roulette situation? Certainly not. From the same sources we also have the numbers for South Koreans (297 people deported, total visitors – from both Koreas, admittedly leaving a margin for doubt: 2,483,288, percentage = 0.01196%), Chinese (90 people deported, total visitors 1,000,228, percentage = 0.008998), and Filipino’s (155 people deported, total visitors 82,473, percentage = 0.18%, way off the mark). But some food for thought: Out of four groups of visitors, only the smallest group is way off the mark. The other ones are groups of more than one million visitors. And the larger the group of visitors, the closer we get to the mark of 0.01%. That is a curious set of coincidences…

And yet more food for thought. With almost every other identifier and keys, from physical keys to credit cards to drivers’ licenses to passports, the reason we have them is that we can replace them when the legitimate user gets into trouble because something goes wrong. We would find it unacceptable to hear: “Sorry, we found out your car key / credit card / passport has been copied / isn’t accepted as well as it should be / doesn’t fit / …, but you can’t replace it, so you just have to live with the problem.” Why then do we accept that with fingerprints…?

I’m sorry for this long message. I hope it has been worthwhile reading though.

Kind Regards, GS”

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

And of course the kind regards are for you as well.

ENDS

Michael Moore lambastes GOJ for being fingerprinted at border during his first Japan trip

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 an excerpt of a transcript of Michael Moore’s press conference at the Tokyo Stock Exchange, dated November 30, 2009.  He too doesn’t like being fingerprinted at the border.  Fortunately, he speaks up about it, unlike most celebrities that want to bask in the lucrative glow of celebrity in Japan.  I make no claims about some of the other stuff he says, of course.  Text follows, courtesy of Philip Brasor.  (NB:  The transcript does not include the questions, only the answers Mike gave.)  FYI.  Arudou Debito in Sapporo

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

MICHAEL MOORE:

-This is my first day ever in Japan. I’ve always wanted to come here, so I’m grateful for the opportunity to do that. I’d hoped for many years that the island of Japan would float a little closer to America so that it wouldn’t be such a long trip, but that didn’t happen so I decided to finally come here.

-Can I explain why I’m dressed this way? The airline lost my luggage. It’s one of the two Japanese airlines, I don’t want to mention any names. OK. It begins with J and ends with L. I essentially decided to wear pajamas on the plane to sleep, and I got here with no clothes. So where in Japan am I going to find clothes that fit me? Anyway, they took to a place where sumo wrestlers buy their clothes, so i’m dressed partly in my pajamas and partly in sumo clothing. My apologies. I usually don’t look that much better anyway, so you won’t tell the difference.

-They asked me if I would share some of my impressions of my first 24 hours in Japan. The people are very friendly and nice. Well, actually, I landed at the airport and the customs people asked me for my fingerprints. I’m 55 years old and I’ve never been fingerprinted in my life, partly because I’ve never figured out the right kind of crime to commit, and partly because there’s no reason to fingerprint me. So I stepped up to the counter and they said please put your fingers here. And I said, Why? I didn’t refuse, I just asked why. And they immediately called in a supervisor and took me away. They told me, You have to be fingerprinted. And I said, I’ve never been fingerprinted. I have privacy rights, this is a democracy, right? They said, OK, so you want to be deported to the United States. I said, No, so they took me into a room and brought in another supervisor, even higher, and he said I could either voluntarily give my fingerprints and enter the country or they would forceably put me back on a plane back the US. So it’s a lose-lose situation, I said, and he said, But you do this in the United States, when we visit the United States. And I said, Well, that’s wrong. You have a passport, you took my picture, you X-rayed me. I don’t understand the fingerprint. It’s like, if no one stands up and says every now and then, we have rights as individuals. This is a privacy issue. I’ve not committed any crime, so therefore you’re not deserving of my fingerprints. So we went back and forth and they read me my rights, which I brought along. They had me read in English. I read that. My wife had already gone through the line and my friends were waiting, so I reluctantly gave in, but I gave them a different finger than my index one. I was allowed in the country at that point.

-No need to make any apologies about immigration. It was all comedy. We’re not robots, we’re human beings. I didn’t expect it to happen in Tokyo. I would expect it in Washington D.C.

-I’ve tried to film many times at the New York stock exchange, including inside the stock exchange for this film. And large news organizations in the states have requested that I be allowed there so that they can interview me on the stock exchange floor. And they’ve all been refused. So when they said to me this morning that we were going over to the Tokyo Stock Exchange, the Nikkei, I thought it was a joke. And we walked right in. No fingerprinting. I’m grateful, and thank you for allowing me in here to discuss “Capitalism” and business and the global economy. So you’ve seen me outside the New York stock exchange in the movie. I’ll tell you a funny story. At the end of the movie when I’m wrapping the stock exchange in crime scene tape, I was very afraid that I might be arrested–and fingerprinted. And sure enough, I see the police coming toward me, and I think: this is it, they’re coming to arrest me. And then I see the police officer and I said, I’ll be out of here in a minute. I promise to clean all this up and be out of your way. I won’t be any trouble. And the officer says to me, That’s OK Mike. The guys in this building have lost a billion dollars of the New York City Police pension fund. You take all the time you want. So that’s how I shot that scene.

-Generally, someone who holds some power, if they see me coming they don’t want to talk to me, and it just makes it harder. On the other hand, because so many of the people in the US see me as somebody who has not been bought by the establishment, and I’m going to do what I think is the honest and right thing to do, it’s easier for me to get the stories because the stories come to me. At the beginning of the movie, with the family that’s being evicted, and the police show up to bang in the door? The family filmed that themselves, and they sent me the videotape. So one day I just got this package in the mail and opened it up and there was a tape. Because they thought I might show what happened to them. There was one place where they could send it and perhaps someone would see what has happened to them. So in some ways it’s easier for me because I’m seen as someone who stands up to power, so people send me documents from work and things like that. But I have to say it’s not an enjoyable place to be public enemy number one for the Republicans or the conservatives or the business establishment, because it creates a lot of turmoil and hatred toward me. It’s not easy. I wouldn’t apply for this job if I had to do it over again.

-I’ve often spoken admiringly of Japan in my books and my movies. I believe that there are many things you do that are right. I know that if I lived here I would find many things that are wrong, but I don’t live here. For some strange reason you believe that if someone in Japan gets sick that person should be able to see a doctor without worrying about losing their savings or their home. Why do you do that? I’m guessing it’s because you’re all Japanese and you’re all in the same boat, and if you let some people fall out of the boat then what’s the purpose of the boat if people are drowning? An American family is evicted from their home once every seven and a half seconds. The number one cause of people losing their homes, the number one cause of bankruptcies are medical bills. People get sick and don’t have health insurance, or the right kind of health insurance, and they lose everything, including their home. The total number of Japanese who were kicked out of their homes last year because they couldn’t pay the doctor? None. Zero. Why not? Why have you decided to treat each other that way, to help each other, when you get sick, or lose your job? You’ve built a safety net. Why have you done that, and why don’t we do that? This is the eternal question in all my films, because I love the US. I love being an American. I wouldn’t want to live anywhere else. So the question I’m constantly posing to my fellow Americans is: Why do we treat each other this way, when no other civilized country that I’ve seen believes that we should punish you because you get sick, or we should punish you when your factory goes out of business. Why is that? You’re not better than us. We’re all human beings, right? Why have you structured your society in such a way that this is not allowed to happen? Why don’t you kill each other? Oh, I know, you think the murder rate has gone up, but there have been years in the past when you had zero handgun murders. You have just a few gun murders each year, compared to what we have in the US. In some years we have 15,000 murders with guns and then another 15,000 suicides with guns. So why don’t you kill each other? Because you’re better than us? I don’t think so. But in the last 20 years you started to change, because you had a series of conservative prime ministers, starting around the time of Ronald Reagan and Margaret Thatcher, Kohl in Germany, Mulrooney in Canada, and a series of prime ministers here all through the Elvis impersonator. No disrespect. So now you’re getting more of the problems we have in America. There is more crime now. More murders. When people lose their jobs… I remember as a young man, the thing about Japan was that it was shameful for a company to lay people off. Is that correct? That’s the way it used to be. So your conservative governments started to cut away at the social safety net that you created for your people. Cut money for health care. Cut money for education. Throw people out of work. Make life harder for people who don’t make as much money. Punish them for being poor. So the more you’ve done it the American way, what have you ended up with? More crime. Less educated young people, who don’t know as much as they used to know, right? So to answer your question, as much as I love America, quit being like us. Be the Japan you created after 1945, a Japan that valued education, a Japan that would not throw you out of work. A Japan that would never invade another country, and which would not support a country that would invade another country. And let me tell you, when you supported George W. Bush in his endeavors, you gave him legitimacy, because he was able to say to the American people, The Japanese, they’re with me. Prime Minister Elvis-san is with me. Tony Blair is with me. The Italians are with me. Even the Danish. It’s a legitimate war. If the Japanese prime minister, and the British prime minister, and the Italian and the Spanish and the Danish had all refused to give him his cover, I don’t know that he would have gotten away with it. So the responsibility that these countries shared by supporting anything that George W. Bush did, it made it not only difficult for people in the US, but for people who suffer in this world as a result of the foreign policies of that individual. I’m so sorry to put it this way. Please don’t take personal offense, but you asked me what would I say to the Japanese people, a society I think highly of, a society structured on peace and respect, and you’ve started to go down the other road. And my humble plea is to get off that road with your new prime minister and return to the road you used to be on.

[…]

-My father is 88 years old and I told him I was coming to Japan. He was in the first marine division in the South Pacific in WWII and fortunately survived and had me. When I told him I was coming here he was very happy. He said to me when we were discussing the wars last year, the reason Bush got us into these wars is because he’s never known war. If he had known war he would never have wanted war again. He spent part of the war on Okinawa and I said I might go there to lay some flowers for all who died there, Japanese and Americans. His brother, my uncle, was killed in the Philippines during the war. And my dad has such a loving heart–you saw him in the movie. His best friend at church is a Japanese man. And both of them, 88 years old, go to the gym together every morning and work out together. As sad and difficult as this world can be, it does eventually get better. And I have always been filled with enormous hope and optimism that we will know war no more. Tomorrow evening Pres. Obama will announce if he will expand the war in Afghanistan, and I have passed on to him a personal request from my father and his Japanese friend: Mr. Obama, you do not know war. People who know war want it no more. I’m honored to share this message of peace with you, the people of Japan, who have been beacons of peace for the past 60-plus years.
ENDS

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

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. 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

NPR interview with Jake Adelstein, author “Tokyo Vice”, on how police and laws do not stop NJ human trafficking in Japan

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 JapansourstrawberriesavatardebitopodcastthumbUPDATES ON TWITTER: arudoudebito

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.
http://www.debito.org/sgu110509.ppt

Have a look! Or come see. Debito

Colin Jones in Japan Times: How J media is portraying J divorcees and child abductors as victims, NJ as perps

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.  Lawyer Colin Jones has hit us with a one-two punch this week in the Japan Times — first by explaining what Christopher Savoie’s arrest and recent release for “kidnapping” his own kids has brought to light, and now about how the domestic media is reacting to it.  Predictably, portraying  Japanese as perpetual victim, NJ as perp and victimizer.  I’ve mentioned the biased NHK report on the subject before (so does Colin below in his article). Now, here’s a deeper roundup and some crystal-balling about how this might affect NJ particularly adversely, as wagons circle and the GOJ protects its own. Excerpt follows. Arudou Debito in Sapporo

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

Tuesday, Oct. 20, 2009
Foreign parents face travel curbs?
By COLIN P. A. JONES

http://search.japantimes.co.jp/cgi-bin/fl20091020a1.html
Excerpt:

…While Japan signing the Hague Convention is certainly a desirable goal, it is probably convenient for everyone on the Japanese government side of the issue for foreigners to be the bad guys. That way they appear to be dealing with a “new” problem, rather than one that they have already ignored for far too long. From there, the easiest way to prevent further abductions is to require foreign residents seeking to exit Japan with their children to show proof that the other parent consents to the travel. This requirement, I believe, will be the most immediate tangible result of Japan signing the Hague Convention (if in fact it ever does).

If such a requirement is imposed, will it apply to Japanese people? Probably not: Japanese citizens have a constitutional right to leave their country. And foreigners? They apparently lack this right — the re-entry permit foreigner residents are required to have is proof that they are not equally free to come and go as they please!

Full article at
http://search.japantimes.co.jp/cgi-bin/fl20091020a1.html
ENDS

Query: Driver License schools now doing Immigration’s job too, checking NJ visas? (UPDATE: Also at Postal Savings)

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. I got this email on October 5, 2009 from a reader who asks if Driver License schools are requiring three items of proof of valid visas from NJ before letting them take their driver’s ed classes?   I said this is the first I’ve heard.  Anyone else out there hearing that?  Anyone even heard of the document called a “Kisai Jikou Shoumeisho”.  Read on:  Arudou Debito in Sapporo

UPDATE:  Passport checks also happening at Postal Savings too.

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

XY writes:

Hi there Debito, I live in Aichi Prefecture and am married to a Japanese man. Recently we decided that I should get my Japanese drivers license as I have a 1 year old and live in an inaka, etc, etc. My [North American] license had expired some years ago so there was no switching (shoot). Rather than hyperventilating or having ill-timed road rage at the Police testing centre, we decided that I should go to driving school, even though they charge a small fortune (IMHO).

While I speak passable Japanese, the thought of sitting down in a typical classroom and being bewildered by kanji and terms that I know I’m not going to be familiar with really had me anxious so I was delighted when I heard about [a private driving school’s] new English program. Same as the Japanese program, except all lessons in English, books in English etc. Of course it was more expensive, but only about 2man more.

As I understand it, for a Japanese national, only a copy of your juminhyo is required to register for driving school. Under the new English program, NJ are required to submit THREE separate forms of identification. Your Alien registration card, your passport and a “Kisai Jikou Shoumeisho”. Now, I can understand one form of ID, with your address, etc on it, but three? The only thing I can figure is that they are triple checking that your visa is not expired, or that all three forms of ID have the same name and contact info. I dunno. As for the Kisai Jikou Shoumeisho, this is the first time I’ve even heard of this thing, same for my hubby, and in-laws. My father in law was so curious to see what it was that he drove me to City Hall himself so that he could look at it.

I guess my question for you is: Is this legal? Do I HAVE to submit this much ID? To register for a driving course? Are they somehow in co- hoots with the government to check for visa overstays? Have I been watching too many conspiracy movies? Sincerely, XY.

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

I replied:

On Tue, Oct 6, 2009 at 7:52 AM, Arudou Debito wrote:

Hi XY. Thanks for this. First I’ve heard of it too. Ask them why they’re asking for information only Immigration is entitled to, and where it says in writing (a GOJ directive?) that this is required. Get a copy of that if possible, and send it to me. I will anonymize and blog, to see if it’s helping elsewhere. Thanks! Debito

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

XY replied:

Hi there,  I’ll do my best. I don’t go back until next week and at least I’ll be going alone as whenever I ask questions like this with my husband around, he just wants me to, well for lack of a better term “shut up and give them the info, stop asking so many questions, this is Japan, it is different”. I’m seriously curious if this is some sort of trade off with the immigration office – let them run an English course, but triple check visa status of NJ. As we have a large population of NJ in Aichi due to the car manufacturing AND the fact that pretty much ALL of them have lost their jobs due to the economic downturn… just too many coincidences. Or maybe they’re just triple covering their behind. Either way, I`ll ask away next week. Thanks for the mail, XY

ends

Terrie’s Take on Tokyo’s 2016 Olympic bid, decision due Oct 2. Debito.org wa hantai.

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.  Something coming up next week of surprising interest to Debito.org:  Guv Ishihara’s pet project to bring the 2016 Olympic Games to Tokyo.  We’ll hear the decision on October 2.  Here’s where Debito.org stands:

While understandable a sentiment (what booster wouldn’t want to bring such a probable economic boon home?), Debito.org has been unflinching in its criticism both of Ishihara (for his xenophobic rantings over the years, start here) and of the Tokyo Police (keishicho), who will no doubt be given charge of the security at the event.  As history has shown repeatedly (G8 Summits, overt and unapologetic racial profiling — even public scapegoating of NJ, border fingerprinting justified on bigoted grounds, deliberate misconstruing of crime data to whip up public fear, even spoiling one of the last Beatles concerts!), you don’t want to hand over matters of public security to a police force without proper checks and balances — because as even Edward Seidensticker noted, Keishicho will convert Tokyo into a police city if the event is big enough.   The Olympics is just that, and it really complicates things by bringing in foreigners, for the police get particularly carrot-arsed when they feel the outside world is watching.  As I wrote for the Japan Times some months ago:

Point is, international events bring out bad habits in Japan. And now we have Tokyo bidding for the 2016 Olympics? Cue yet another orgiastic official fear and crackdown campaign foisted on the Japanese public, with the thick blue line of the nanny state the biggest profiteer.

Conclusion: I don’t think Japan as a polity is mature enough yet to host these events. Japan must develop suitable administrative checks and balances, not to mention a vetting media, to stop people scaring Japanese society about the rest of the world just because it’s coming for a visit. We need to rein in Japan’s mandarins converting Japan into a Police State, cracking down on its already stunted civil society. (Zeit Gist, SUMMIT WICKED THIS WAY COMES, Japan Times April 22, 2008).

Terrie below (understandably) hopes Tokyo gets the Olympics.  I, for the record, hope it doesn’t.  It’s not because I live in Sapporo (I would have mildly supported Fukuoka’s bid, even despite the NPA, simply because Fukuoka never had the chance — unlike Sapporo — to be an Olympic host).  But the fact remains, as Terrie alludes to below, this is just a vanity project for one mean old man, working through Japan’s elite society to get what he wants, who feels as though he’s got one good deed to redeem all his bad works and ill-will over the years.  Other rich elites in their twilight years, such as Andrew Carnegie, have historically felt the same impetus.  But this Olympic bid certainly seems far more half-baked and far less philanthropic than, say, Carnegie’s legacy attempts.

O IOC, don’t fall for Ishihara’s ego.  Spare Tokyo, its tourists, and its ever-more-policed international residents yet another fear and social-control media blitz.  Give the Olympics to somebody else.  Arudou Debito in Sapporo

* * * * * * * * * 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 27, 2009 Issue No. 535

+++ WHAT’S NEW

On October 2nd an important overseas decision will be made that will determine the future of Tokyo as a city of international standing. That decision will be made by the International Olympic Committee (IOC), whose members will convene in Copenhagen to decide which of Rio de Janeiro, Chicago, Tokyo, or Madrid will get to host the 2016 summer Olympic games. All the big wigs involved with trying to get the Games for Tokyo, from Tokyo Governor Shintaro Ishihara on down, flew out to Copenhagen on Saturday (Sep 26th) for their date with fate.

They won’t have to wait long.

Ishihara is trying his best to swing things Tokyo’s way, and reportedly has even asked newly elected PM Yukio Hatoyama and Seattle Mariners batter Ichiro Suzuki to attend the Copenhagen vote. However, he may have left his final run for the finish line too late. In its report released earlier this month (September), the IOC Evaluation Commission had some criticisms for Tokyo after their visit in April to examine the city’s facilities and planning. They particularly referred to a February poll that the IOC commissioned itself and which found that Tokyoites who “Support Strongly” the Games was just 25.2% — a surprisingly low number compared to any of the other three contenders. Strong support in Madrid, for example was 57.9%.

Indeed, as a result of the poll, the IOC Evaluation Commission specifically noted that Japan’s bid had the strong support of government but correspondingly lacked support by the public. Put another way, we have a classic case of those in charge of the local bid trying hard to get Japan’s “establishment” on board so as to provide sufficient financial support, which was indeed forthcoming, but they somehow forgot to involve the little people — the general public.

When the results of the February poll became public, we don’t know, but the Bid Committee finally “fixed” their PR problem a few days ago (in September, months too late), when a moving, talking 20-meter Gundam character robot was parked in Odaiba to pull in a reported 400,000 people who came to demonstrate their support for the Games bid. As a result, the public support in Tokyo for the Games is now supposed to be around 70%. The only trouble is that few members of the IOC can actually read Japanese newspapers or watch Japanese TV, and so these last minute efforts are unlikely to have much effect.

Indeed, this lack of reach by Japanese media to a world audience is frequently lost on Japanese politicians and governmental organizations, who think that because they can view the media, everyone can. This, in our opinion, is a good reason why Japan fails so frequently in its international bids for just about anything. A good example of this very domestic thinking can be found in the recent “Yokoso Japan” (Visit Japan) campaign. As far as we understand, almost all of the billions of yen allocated by the government to promote tourism were spent in Japan in the Japanese media.

It’s true that domestic tourism was also part of the agenda but foreign tourism was the main target, as proven by setting a high target for increased foreign visitor numbers. As it happened, luckily a short-lived economic boom in China and Korea in 2005-2007 helped pulled in several extra million Asian tourists, but despite some mutual back-patting this was largely accidental, and was certainly not the result of the almost non-existent overseas PR campaign.

Back to the local Bid Committee. In our view, not only did they forget to get buy-in from the man-in-the-street, but they seem have also bypassed 10% of those people who will be paying extra taxes to pay for the extravaganza (Minato-ku, Shibuya-ku, Chiyoda-ku, etc.). We refer, of course, to the invisible foreign community.

Yes, there is an English-language website, which from the dates of the photos and videos we presume was mainly put together for the benefit of the visiting IOC evaluation committee in April to show how cosmopolitan Tokyo is. But frankly it’s embarrassing to look at. Take the the section that carefully provides one and one-only restaurant (well, OK, there are two French establishments) representing 12 different national cuisines. Why couldn’t they make a proper effort to garner support of those hundreds of English-speaking venues that will actually be called upon to look after tens of thousands of non-Japanese speaking guests if we actually win the games?

You can see the Olympic bid English site at http://www.tokyo2016.or.jp/en/. You can see the IOC Evaluation Commission’s report, which includes the Tokyo bid at: http://multimedia.olympic.org/pdf/en_report_1469.pdf

As a further comment to the Bid Committee’s lack of awareness that the Olympics might actually be an international affair, if you go to the site’s organization chart, you will quickly notice that of the 19 officials named on the site, not one is a non-Japanese, and of the 56 “advisors” not one is a non-Japanese either. So we can only assume that foreigners will be asked to keep a low profile while Japan hosts the Games… and to pay their taxes on time.

OK, enough of the sour grapes. It’s not like Tokyo has no chance of winning, although with the Beijing Olympics only just done here in Asia, and there never having been a Games in South America before, the odds are apparently on Rio taking the honors for 2016. You won’t read that fact in the Japanese press, since they’re all saying Tokyo will win.

But it’s not a shoe-in for Rio. In their review, the IOC evaluation commission was concerned about the fact that Rio’s games facilities are spread out over hilly terrain, and the city will need an overhaul of its public transport systems to get guests around. There was also concern about violent crime.

Chicago also has a strong chance according to observers, but it has the problem of whether or not it can really afford the expense of the Games, given the poor shape the local economy after the meltdown of the U.S. auto industry. Also some of the Chicago venues are apparently a long way out of the city and not currently well serviced by public transport.

The other contender, Madrid, got a reasonably negative response that they may not fully appreciate the complexity of management required to host the Games.

Thinking positively, though, if we do win the right to host the Games, it will give the Tokyo metropolitan government a worthy project to focus on, and will cause them to finally do something with those ugly vacant lots built during the bubble era, that they are stuck with out at Odaiba. The venue plan for Tokyo calls for substantial planting of greenery in the area, as well as making the entire athlete’s village ecologically sound — with the latest solar, waste processing, and transport technologies being employed to give Japan a showcase to the world.

To wrap up, we do in fact hope that by some miracle Tokyo wins the 2016 Olympic Games. It would be a blast to be in the middle of all the buzz that will come with such an event. It will also significantly ramp up the world’s awareness of what a great place Tokyo is to live and visit — doing wonders for tourism.

But, in our heart of hearts, we fear that those handling the city’s bid may not have realized that to play a global game, you need to have a world-class team, not just money and government support. We’re not sure that such a team was brought to bear, and so we’re betting that Rio will probably win the hearts of IOC members — especially since South America is long overdue to host what should be a global event.

**************
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ENDS

The Corbett Report interview on the new RFID Gaijin Cards

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. Turning the keyboard over to James Corbett, with whom I interviewed on August 30, 2009.  Comment follows embedded video.  Arudou Debito in Sapporo

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

September 19, 2009 1:15:41 PM JST
Debito, thank you once again for taking time out of your day in Okayama to talk with me about the fingerprinting and IC card issues. The documentary itself is of course still in production, but I have extracted a few minutes from our interview and put it on YouTube. You can watch the video directly here:

http://www.youtube.com/watch?v=sybH5MrjmoQ

Also, I’ve written an article that incorporates that video and some of your comments on the IC chip-enabled ID issue. That article is available from the “Articles” tab of the corbettreport.com homepage and the direct link is:

http://www.corbettreport.com/articles/20090918_debito_electronic_surveillance.htm

Thank you again for sharing your insights on these issues. As far as the documentary goes, I have been trying to get an interview with someone from the Immigration Bureau regarding this practice, but have had no luck whatsoever getting anyone from the Ministry. If you could be of any assistance at all in this regard it would be very much appreciated, whether you can help to set up an interview or even provide some contacts or suggestions for getting in touch with someone who might be able to arrange something like that.

Regards,
James Corbett
corbettreport.com
corbett AT corbettreport DOT com

(NB follows embedded video below:)

NB:  I’m not as articulate about the issue in this interview as I would have liked to have been; I wasn’t sufficiently aware in advance what we would be talking about, so my facts and figures are coming off the top of my head.  For my points articulated more clearly, see:

The Japan Times May 19, 2009, Zeit Gist column:
“IC you: bugging the alien”

http://www.debito.org/?p=3334

Updates as RFID technology develops and police avail themselves of it. Debito.org, July 30, 2009
http://www.debito.org/?p=4008

ENDS

Narita cops allegedly stopping newly-arrived “foreigners” for passport checks before boarding Narita Express trains

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.  Just got this from someone who wishes to remain anonymous:  Cops in Narita are carding and passporting people trying to take trains into Tokyo after arriving and going through Immigration (i.e. not in any security zones).

Anyone else experiencing this in Japan’s airports?  Of course, I have on several occasions (one here and another here).  Others, please pipe up.  As the author says, this passport checkpoint coming so fast on the heels of Immigration checks is a bit much.  And if you want to do something about this, click here.  Arudou Debito in Sapporo

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

September 16, 2009 11:26:32 AM JST

Don’t really want to open a can of worms here, and would prefer that this stay anonymous if blogged, but I was stopped by the police in Narita airport after returning from a two-week trip to the states yesterday.

There were many officers deployed in a couple of lines to catch anyone comming off the escalators to the trains out of the airport.  They were carrying clipboards and stopping anyone who looked foreign for a “passport check.”

The officer stopped me also looked at my gaijin card and asked for my phone number.  I went along with it uncomplaining, not much I could have done, but I thought it was particularly egregious comming so shortly after immigration had checked my passport (and gotten my picture and fingerprints) not half an hour before.

I’ve lived in Japan for four years, gone abroad many times, always take the train to and from the airport, but this was the first police “passport check” I’ve ever had.

Saddened, Anonymous NJ Resident of Japan

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

ENDS

Freeman offers specific dialogs to deal with J police during Gaijin Card Check

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. Turning the keyboard to Freeman in Japan, who offers advice on what to do if the cops decide to do a Gaijin Card Checkpoint for being visible while foreign.  Arudou Debito in Sapporo

==================================
Dear Debito,
I have read all of your great advice, thank you for kindly sharing.
Please share this easy-to-remember summary with your readers.

Are you a human being here in Japan who appears to be Non-Japanese?
Do you want to avoid being coerced into interrogations by police officers?
Then here is how to respond when a police officer asks to speak with you:

#1  Silently show your Alien Registration Card.* **

#2  Say, “Ittemo ii desu ka?
Repeat this exact sentence,
without adding any other words,
until the police officer admits, “Hai.

#3  After hearing “Hai.” you are free to leave.

The police officer might try to fool you into speaking further.
They might give a variety of clever, rehearsed, responses.
For example, “Where are you in such a hurry to go?”
“Where did you learn such good Japanese?”
“We just need to ask a few questions, OK?”
“How did you learn about Japan’s laws?”
“You may go after we visit the Kouban.”
“How long have you been in Japan?”
“We just need to visit the Kouban.”
“Why don’t you want to answer?”
“What do you think of Japan?”
“Do you like Japanese food?”
“Are you guilty of something?”
“What country are you from?”
“Your country is so beautiful.”
“You’ll be on your way soon.”
“Just a few more questions.”
“Can I check your pockets?”
“You can go in a little while.”
“Can I just check your bag?”
“Will you just chat with me?”
“Can you just pee in here?”
“Sure is nice weather, eh?”

Don’t let the police officer fool you.
Simply calmly repeat your mantra.
Ittemo ii desu ka?
(Am I free to go?)
Ittemo ii desu ka?
(Am I free to go?)
Ittemo ii desu ka?
(Am I free to go?)

* If you are a Japanese National who just appears to be Non-Japanese
just replace #1 with the sentence “Nihon Kokuseki Shutokusha Desu.”

** If you have the time, energy, and will, to lengthen the detainment process,
feel free to attempt to educate the police officers about your various rights.
Risk: the police officer might decide to find (or invent) a reason to arrest you.
Reward: your Rosa Parks speech might help make Japan better in the future.
For example, before moving to #2, feel free to try saying the following sentences:

Keisatsukan mo,
mibun o shimesu shouhyou o
keiji shinakereba narimasen.

(Police officers also have to show their I.D.)

Kousoku sare mata wa,
Renkou sare moshiku wa,
Kyouyou sareru koto wa nai.

(You can’t force me to stay here,
you can’t force me to go with you,
and you can’t force me to answer.)

Keisatsukan shokumu shikko hou,
dai ni jou, dai ni kou to dai san kou.

(Police Execution of Duties Law
Article 2, Clause 2 and Clause 3.)

Kyodou fushinsha DAKE ni,
shokumu shitsumon suru koto
dekimasu, guttaiteki ni donna
fushin na koui o shimashitaka?

(You can only question suspicious people,
exactly what suspicious action did I do?)

Reijou ga arimasuka?
(Do you have a warrant?)

Jinken no ihan desu node kouben shimasu.
(This is a violation of human rights so I protest.)
At this point one can calmly sit down as a protest.

Watashi wa taiho sarete imasu ka?
(Am I under arrest?)

Donna yougi de taiho sarete imasu ka?
(Under what charge am I under arrest?)

(All inspired by Debito’s great summary.)
http://www.debito.org/GcardLAWS2.pdf

Thank you again Debito, for your important human rights work.

The bottom line is, all conversations are completely voluntary!
If you want to remain free, simply repeat, “Ittemo ii desu ka?

Sincerely,
Freeman in Japan

PS – If anyone has a more effective sentence, please share.
Also, if anyone has a success story using this, please share.
ENDS

Update putting the pieces together: upcoming IC Gaijin Cards, RFID hackability, next generation police walkie-talkie, and NPA access to TASPO information

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. Last May I put out an article in the Japan Times about the (now approved) IC Chips in revamped Gaijin Cards. How they would enable the police forces to remotely track foreigners in a crowd, and how data would be less secure from hackers.

Not unsurprisingly, I was told I was exaggerating. But it’s hard in this day to exaggerate the reach and rate of development of technological advances (who would have thought we would have this very medium to communicate through a little over ten years ago?). So here are some sources showing how 1) ID Chips and RFID technology is eminently hackable and remotely trackable, 2) how police already have IC scanning ability in their walkie-talkies, and 3) how the Japanese police in particular are using ID cards beyond their originally-intended purpose to track crime. I don’t think I was exaggerating at all. Arudou Debito in Sapporo

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Chips in official IDs raise privacy fears (excerpt)
By TODD LEWAN
Associated Press
Posted on San Jose Mercury News: 07/11/2009 09:37:12 AM PDT, courtesy TJL.

Complete article at http://www.mercurynews.com/breakingnews/ci_12816946

Climbing into his Volvo, outfitted with a Matrics antenna and a Motorola reader he’d bought on eBay for $190, Chris Paget cruised the streets of San Francisco with this objective: To read the identity cards of strangers, wirelessly, without ever leaving his car.

It took him 20 minutes to strike hacker’s gold.

Zipping past Fisherman’s Wharf, his scanner detected, then downloaded to his laptop, the unique serial numbers of two pedestrians’ electronic U.S. passport cards embedded with radio frequency identification, or RFID, tags. Within an hour, he’d “skimmed” the identifiers of four more of the new, microchipped PASS cards from a distance of 20 feet.

Embedding identity documents — passports, drivers licenses, and the like — with RFID chips is a no-brainer to government officials. Increasingly, they are promoting it as a 21st century application of technology that will help speed border crossings, safeguard credentials against counterfeiters, and keep terrorists from sneaking into the country.

But Paget’s February experiment demonstrated something privacy advocates had feared for years: That RFID, coupled with other technologies, could make people trackable without their knowledge or consent.

He filmed his drive-by heist, and soon his video went viral on the Web, intensifying a debate over a push by government, federal and state, to put tracking technologies in identity documents and over their potential toerode privacy.

Putting a traceable RFID in every pocket has the potential to make everybody a blip on someone’s radar screen, critics say, and to redefine Orwellian government snooping for the digital age.
(snip)

Mark Roberti, editor of RFID Journal, an industry newsletter, recently acknowledged that as the use of RFID in official documents grows, the potential for abuse increases.

“A government could do this, for instance, to track opponents,” he wrote in an opinion piece discussing Paget’s cloning experiment. “To date, this type of abuse has not occurred, but it could if governments fail to take privacy issues seriously.”

———
Imagine this: Sensors triggered by radio waves instructing cameras to zero in on people carrying RFID, unblinkingly tracking their movements.

Unbelievable? Intrusive? Outrageous?

Actually, it happens every day and makes people smile — at the Alton Towers amusement park in Britain, which videotapes visitors who agree to wear RFID bracelets as they move about the facility, then sells the footage as a keepsake.

This application shows how the technology can be used effortlessly — and benignly. But critics, noting it can also be abused, say federal authorities in the United States didn’t do enough from the start to address that risk.

The first U.S. identity document to be embedded with RFID was the “e-passport.”

In the wake of the Sept. 11 attacks — and the finding that some of the terrorists entered the United States using phony passports — the State Department proposed mandating that Americans and foreign visitors carry “enhanced” passport booklets, with microchips embedded in the covers.

The chips, it announced, would store the holder’s information from the data page, a biometric version of the bearer’s photo, and receive special coding to prevent data from being altered.

In February 2005, when the State Department asked for public comment, it got an outcry: Of the 2,335 comments received, 98.5 percent were negative, with 86 percent expressing security or privacy concerns, the department reported in an October 2005 notice in the Federal Register.

“Identity theft was of grave concern,” it stated, adding that “others expressed fears that the U.S. Government or other governments would use the chip to track and censor, intimidate or otherwise control or harm them.”

It also noted that many Americans expressed worries “that the information could be read at distances in excess of 10 feet.”

Those concerned citizens, it turns out, had cause.

According to department records obtained by researchers at the University of California, Berkeley, under a Freedom of Information Act request and reviewed by the AP, discussion about security concerns with the e-passport occurred as early as January 2003 but tests weren’t ordered until the department began receiving public criticism two years later.

When the AP asked when testing was initiated, the State Department said only that “a battery of durability and electromagnetic tests were performed” by the National Institute of Standards and Technology, along with tests “to measure the ability of data on electronic passports to be surreptitiously skimmed or for communications with the chip reader to be eavesdropped,” testing which “led to additional privacy controls being placed on U.S. electronic passports … ”

Indeed, in 2005, the department incorporated metallic fibers into the e-passport’s front cover, since metal can reduce the range at which RFID can be read. Personal information in the chips was encrypted and a cryptographic “key” added, which required inspectors to optically scan the e-passport first for the chip to communicate wirelessly.

The department also announced it would test e-passports with select employees, before giving them to the public. “We wouldn’t be issuing the passports to ourselves if we didn’t think they’re secure,” said Frank Moss, deputy assistant Secretary of State for passport services, in a CNN interview.

But what of Americans’ concerns about the e-passport’s read range?

In its October 2005 Federal Register notice, the State Department reassured Americans that the e-passport’s chip — the ISO 14443 tag — would emit radio waves only within a 4-inch radius, making it tougher to hack.

Technologists in Israel and England, however, soon found otherwise. In May 2006, at the University of Tel Aviv, researchers cobbled together $110 worth of parts from hobbyists kits and directly skimmed an encrypted tag from several feet away. At the University of Cambridge, a student showed that a transmission between an e-passport and a legitimate reader could be intercepted from 160 feet.

The State Department, according to its own records obtained under FOIA, was aware of the problem months before its Federal Register notice and more than a year before the e-passport was rolled out in August 2006.

“Do not claim that these chips can only be read at a distance of 10 cm (4 inches),” Moss wrote in an April 22, 2005, e-mail to Randy Vanderhoof, executive director of the Smart Card Alliance. “That really has been proven to be wrong.”

The chips could be skimmed from a yard away, he added — all a hacker would need to read e-passport numbers, say, in an elevator or on a subway.

Other red flags went up. In February 2006, an encrypted Dutch e-passport was hacked on national television, with researchers gaining access to the document’s digital photograph, fingerprint and personal data. Then British e-passports were hacked using a $500 reader and software written in less than 48 hours.

The State Department countered by saying European e-passports weren’t as safe as their American counterparts because they lacked the cryptographic key and the anti-skimming cover.

But recent studies have shown that more powerful readers can penetrate even the metal sheathing in the U.S. e-passport’s cover.

John Brennan, a senior policy adviser at the State Department’s Bureau of Consular Affairs, concedes it may be possible for a reader to overpower the e-passport’s protective shield from a distance.

However, he adds, “you could not do this in any large-scale, concerted fashion without putting a bunch of infrastructure in place to make it happen. The practical vulnerabilities may be far less than some of the theoretical scenarios that people have put out there.”

That thinking is flawed, says Lee Tien, a senior attorney and surveillance expert with the Electronic Frontier Foundation, which opposes RFID in identity documents.

It won’t take a massive government project to build reader networks around the country, he says: They will grow organically, for commercial purposes, from convention centers to shopping malls, sports stadiums to college campuses. Federal agencies and law enforcement wouldn’t have to control those networks; they already buy information about individuals from commercial data brokers.

“And remember,” Tien adds, “technology always gets better … ”

———
With questions swirling around the e-passport’s security, why then did the government roll out more RFID-tagged documents — the PASS card and enhanced driver’s license, which provide less protection against hackers?

The RFIDs in enhanced driver’s licenses and PASS cards are nearly as slim as paper. Each contains a silicon computer chip attached to a wire antenna, which transmits a unique identifier via radio waves when “awakened” by an electromagnetic reader.

The technology they use is designed to track products through the supply chain. These chips, known as EPCglobal Gen 2, have no encryption, and minimal data protection features. They are intended to release their data to any inquiring Gen 2 reader within a 30-foot radius.

This might be appropriate when a supplier is tracking a shipment of toilet paper or dog food; but when personal information is at stake, privacy advocates ask: Is long-range readability truly desirable?

The departments of State and Homeland Security say remotely readable ID cards transmit only RFID numbers that correspond to records stored in government databases, which they say are secure. Even if a hacker were to copy an RFID number onto a blank tag and place it into a counterfeit ID, they say, the forger’s face still wouldn’t match the true cardholder’s photo in the database, rendering it useless.

Still, computer experts such as Schneier say government databases can be hacked. Others worry about a day when hackers might deploy readers at “chokepoints,” such as checkout lines, skim RFID numbers from people’s driver’s licenses, then pair those numbers to personal data skimmed from chipped credit cards (though credit cards are harder to skim). They imagine stalkers using skimmed RFID numbers to track their targets’ comings and goings. They fear government agents will compile chip numbers at peace rallies, mosques or gun shows, simply by strolling through a crowd with a reader.

Others worry more about the linking of chips with other identification methods, including biometric technologies, such as facial recognition.

The International Civil Aviation Organization, the U.N. agency that sets global standards for passports, now calls for facial recognition in all scannable e-passports.

Should biometric technologies be coupled with RFID, “governments will have, for the first time in history, the means to identify, monitor and track citizens anywhere in the world in real time,” says Mark Lerner, spokesman for the Constitutional Alliance, a network of nonprofit groups, lawmakers and citizens opposed to remotely readable identity and travel documents.
Implausible?

For now, perhaps. Radio tags in EDLs and passport cards can’t be scanned miles away.

But scientists are working on technologies that might enable a satellite or a cell tower to scan a chip’s contents. Critics also note advances in the sharpness of closed-circuit cameras, and point out they’re increasingly ubiquitous. And more fingerprints, iris scans and digitized facial images are being stored in government databases. The FBI has announced plans to assemble the world’s largest biometric database, nicknamed “Next Generation Identification.”

“RFID’s role is to make the collection and transmission of people’s biometric data quick, easy and nonintrusive,” says Lerner. “Think of it as the thread that ties together the surveillance package.”
ENDS
===================================

THE NEXT GENERATION OF POLICE WALKIE TALKIES
Courtesy of Ben

Police Service Terminal JT6810-C series (excerpt)
http://www.alibaba.com/product-gs/204379280/Police_Service_Terminal_JT6810_C_series.html
Basic functions:
1 PDA palmtop computer
2 Number pad
3 EDGE 2.75G wireless communication
4 Global Position System(GPS)
5 Geographic Information System(GIS)
6 800 M digital mobile radio line
7 IC card reader
8 Digital vidicon
9 Digital sound recorder
10 Bluetooth
(snip)
IC card reader
* Read the information of IC card in display screen
* Rewrite data

Radio Frequency Identification(RFID)
* No need to touch against the device

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Tobacco maker group hands over taspo user data to prosecutors

Japan Today, Monday 27th July, 05:09 AM JST, Courtesy of DR

TOKYO —

Link: http://www.japantoday.com/category/crime/view/tobacco-maker-group-hands-over-taspo-user-data-to-prosecutors

The Tobacco Institute of Japan, the industry body of tobacco manufacturers, has turned over vending machine use logs on cigarette pack purchases by certain individual smokers to public prosecutors when they requested such information for investigative purposes, informed sources said Sunday. Such logs of ‘‘taspo’’ smart cards included records on when and at which vending machines the smokers bought cigarette packs, as well as their dates of birth, addresses and phone numbers, the sources said.

There has been a case in which the provided logs helped investigators find a person who had evaded some fines, the sources said.

The institute issues to smokers in Japan the taspo cards which entitle its holders to buy cigarette packs at vending machines. Taspo cards are issued only to adults aged 20 and over to block smoking by underage people.

This appears to be the first time that the use of taspo logs by criminal investigative authorities has become public knowledge. The use by such authorities of credit card-related information and mobile phone logs has been known.

The institute handed over taspo logs on a voluntary basis in response to prosecutors’ inquiries based on the Code of Criminal Procedure, but users of taspo cards normally do not assume that there is a possibility their taspo logs may be used in criminal investigations.

Some critics question the appropriateness of handing over such records to criminal investigators from the standpoint of the need to protect personal information, arguing that the institute should inform taspo holders beforehand that it may turn over their logs to third parties.

An institute official told Kyodo News, ‘‘We have kept track of purchases-related logs to check if taspo cards that were stolen or for which reports of loss have been filed may have been used illicitly, and we basically would not provide them to third parties.’’

‘‘But we cannot help turning over such logs as well as the addresses, names, dates of birth and contacts of cardholders to investigative authorities as necessary if the authorities request the logs in writing in line with the Code of Criminal Procedure,’’ the official said.

‘‘Since Article 23 of the rules for taspo cardholders stipulates that cardholders consent to the use of their information by the institute if the institute takes necessary measures to protect the information, we assume that the article also covers logs on their purchases,’’ the official added.

The institute has handed over to investigators such information as the dates of birth, addresses, phone numbers and dates of issuance of taspo cards of certain persons, as well as a list of when and where the cards were used, the sources said.

There have been cases where the institute turned over copies of applications filed by taspo applicants, alongside the copies of their identification cards such as drivers’ licenses which the applicants had attached to the applications.

Taspo logs could help their reviewers figure out what areas cardholders live in and what behavioral patterns they have.

Through the provision of the logs, the Saitama Public Prosecutors Office was able to identify a company where a taspo cardholder who has evaded a fine worked as the cardholder used a vending machine on the company’s premises repeatedly, the sources said.
ENDS

Japan Times et al: Four people snagged for fingerprints over 7 months. No longer an “anti-terrorism” measure. Of questionable effectiveness anyway.

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. Debito.org Reader AS makes the following poignant comment:

Hi Debito, You’ve probably seen this already, but just in case here is a link to a JT article on the “effectiveness” of fingerprinting at airports. http://search.japantimes.co.jp/cgi-bin/nn20090630a4.html

Article excerpt:
=========================
The Japan Times Tuesday, June 30, 2009
Biometric ID system catches four

NARITA, Chiba Pref. (Kyodo) Immigration authorities have successfully detected four people since January trying to enter Japan illegally by trying to fool the biometric identity system…

The authentication system is designed to detect foreign nationals with a history of deportation from Japan based on fingerprint data…

The biometric identification system was introduced in November 2007 as part of antiterrorism measures under a revised Immigration Control Law.
=========================
Full article at
http://search.japantimes.co.jp/cgi-bin/nn20090630a4.html

COMMENT FROM AS: Apparently the system has resulted in a grand total of four people getting caught in the last seven months. To me that seems like a massive waste of national resources, especially since there are other ways of detecting illegal re-entrants.

Also, the article drops the pretense that fingerprinting is an anti-terroism measure:

“The authentication system is designed to detect foreign nationals with a history of deportation from Japan based on fingerprint data.”

So now apparently the purpose of the system is cracking down on illegal entry and over-staying.ENDS
===========================

Another Debito.org Reader commented thusly on much the same subject:

===========================
Dear Debito-San,

Last Monday, June 29th, Kyodo released a press anouncement from the Immigration Bureau that shows that fingerprint evasion happens on a larger scale than previously assumed (see http://www.japantoday.com/category/crime/view/altered-fingerprints-detected-in-illegal-immigration-attempts).

According to a friend of mine, an article on page 29 of the Kobe Newspaper (evening edition) had additional information. Note that I could not confirm the contents personally. But I send you the highlights anyway, with added personal comments.

Apparently one of the Immigration Officers was quoted saying that the machines could not be trusted anymore as so many new ways to attempt to evade them show up.

Comment: If this statement was quoted correctly as an official statement, it took the Immigration Bureau long enough considering that the groundbreaking article from Yokohama National University (http://www.lfca.net/Fingerprint-System-Security-Issues.pdf) on this subject was published more than seven years ago.

For me, two questions follow this anouncement: Did the Immigration Bureau also miss that people can become victims of such identity theft? And did they also miss that the machines can get it wrong even when there is no foul play at all. These two problems form parts of two branches of a fault tree (http://en.wikipedia.org/wiki/Fault_tree) where the undesired event of trouble for me as an innocent person is the root. The first step to cutting down this rather unwelcome tree is for the Immigration Bureau to know it’s business…

The article apparently went on to state two measures the Immigration Bureau announced to take against the problem of people trying to fool the system. First of all, they apparently wish to opt for checking the prints visually if the machine gives an error. Second, they apparently wish to install monitors on which the prints can be seen by the officers.

Comments: I will start with the second measure. By default, fingerprint scanners encrypt the captured images on the device itself. This is done as an extra measure of protection, mostly because hacking of computers – even ATM machines.

(http://searchfinancialsecurity.techtarget.com/news/article/0,289142,sid185_gci1357926,00.html) – is so widespread these days. To be able to put the prints on a monitor, that encryption must be turned off, or the images decrypted on the computer.

This is important. Identity systems such as this hinge upon the assumption that the rightful owner has the only key. Mind you, this is already so doubtful (see above) that the focus must be on protecting the owner from the bad consequences of other matching keys instead of beating the dead horse of keeping the key unique.

Nevertheless, removing the encryption opens two new branches in the fault tree of duplicate prints, the computer may not be trusted and the user behind the computer may not be trusted. It is against best practices and about the most irresponsible thing the Immigration Bureau could do. The mere fact that trying to go against a certain flow will not work is not an excuse for making the current run faster…

The good part is that it shows such an action is technically possible. Cybercriminals will find that out anyway, but at least the good willing people can know that too now…

The first measure doesn’t really impact me either way, though I would have preferred to hear something about informing the victims of identity theft as it is discovered and similar things… But it also casts doubt on the Immigration Bureau knowing it’s business, which we have established as a condition for acceptable levels of my safety under this program.

Why does this cast doubt? When someone turns up with fake fingerprints and the machine accepts that the pattern it acquires is not on the searchlist, that is in professional terms a negative. One can argue, depending on whether or not the machine should detect them as fakes, if it’s a true negative or a false one. In a true negative, the machine works as designed, it’s just a very smart attacker. But I digress.

When the machine gives an error, this is most likely a failure to acquire. The machine doesn’t get a useful pattern, or it concludes it’s not offered a live finger.

The two may coincide, but they’re not one and the same. After we already got in the situation where one can conclude that the Immigration Bureau missed a few things, it’s not very hopeful news that they send out an announcement suggesting that they can’t keep their errors apart. I would hope I’m never forced to fly with an airline which has just had a crash due to problems with the ailerons and announce that they are going to fix the flaps, at least not without explaining what they’re doing so that people can verify it was the right decision even though it sounds strange…

When I see things schemes like this fingerprinting, my first question will be: “Am I as an innocent person really reasonably safe with this system, given my overall situation?” The answer to that will almost always be yes, unless there’s a very cynical organization involved. My second question follows just as naturally: “Show me”. To me that’s the issue involved, they declined to show me, and when I started looking myself I increasingly find evidence I would have preferred to point to a different conclusion…

Coupled to this comes the use of a Hobson’s choice to extract the information, give or don’t show. Am I to be blamed that I view the combination of these effects as a sign of desiring not to invest the time and money to counter the risks to me precisely because they are that, risks-to-me (instead of them?). Is it strange therefore that I explain my point of view to people who may consider visiting Japan, and also to people with possibly enough influence to advocate my case, in both situations hurting Japan’s public relations? ENDS
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