ABC News Radio Australia interviews me on multiethnic Japanese Ariana Miyamoto’s crowning as Miss Japan 2015

mytest

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Hi Blog. Very briefly (as it’s a busy time here at the Colorism Conference — plus another blog post out tomorrow on my upcoming JT column), here is a link to my recent interview last weekend with ABC NewsRadio Australia, on the crowning of multiethnic Japanese Ariana Miyamoto as Miss Japan (which the African-Americans at my conference were quite aware of).  Listen to it (our bit starts at minute 6:24) at:

http://www.abc.net.au/newsradio/content/s4207325.htm

Some context from other media:

arianamiyamotocnn032515 arianamiyamoto012715

As for the radio program, I’m pretty pleased with how it came out.  Thanks ABC.  Dr. ARUDOU, Debito

Japan Today: Narita airport ends ID security checks for non-passengers

mytest

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Hi Blog.  One of the larger issues that Debito.org has taken up, that of Instant Gaijin Card Checkpoints (as in, racial profiling) for people for walking in public while NJ, might be (overtly) coming to an end, at least in the place where new entrants (and their entourage) get their first taste of it:  Narita International Airport.

We have discussed Narita Airport’s treatment of NJ customers in detail before.  According to the article below, they are installing spy cameras instead of having the labor-intensive (and unnecessarily invasive, given that the Narita Prefectural Police Force stoppages that Debito.org has concentrated on were targeting NJ who had ALREADY cleared security screenings) face-to-face singling out of people for extra scrutiny in a not-at-all-random manner.  One might counterargue that this is swapping Big Brother for Bigger Brother.  But I will still say that not having a potentially temperamental local cop, trained to see NJ as suspicous, getting into a jet-lagged person’s face is an improvement.  Let’s at least see if this will make Narita Airport behave less like a fortress, with cops manning the pikes against the international hordes.  Dr. ARUDOU, Debito

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Narita airport ends ID security checks for non-passengers
JAPAN TODAY National Mar. 30, 2015, Courtesy of MS
http://www.japantoday.com/category/national/view/narita-airport-abolishes-id-security-checks-for-non-passengers

NARITA — Narita International Airport on Monday abolished ID checks for non-passengers at the airport in Chiba Prefecture.

Since the airport opened in 1978, cars and buses have been stopped at various points, with occupants having to show ID such as passports, even if they weren’t departing on flights. Drivers were also required to get out and open the trunk of their cars. The ID checks at railway ticket gates have also been scrapped.

The checks were put in place early on because of violent protests against the airport by farmers and radical groups opposing the government taking their land. Officials determined that security efforts at the airport would have to be a maximum priority in order to ensure safe and smooth operations. As a result, all visitors to the airport have been subjected to long lines, thorough baggage checks, and large numbers of security personnel at each stage of entering and exiting the terminals.

Airport officials said new high-tech camera-based surveillance systems will use face-recognition technology, track license plate numbers and perform other tasks that in the past, have required a great deal of money and man-power, Sankei Shimbun reported.

Another reason for the change is that government officials feel the old way of enforcing security measures at Narita Airport may present serious problems during the upcoming 2020 Tokyo Olympics as record numbers of foreign tourists are expected to be in attendance.

A state-of-the-art camera surveillance system consisting of 330 individual cameras will be used with 190 of the units dedicated to facial recognition and related tasks, while the other 140 would be monitoring the exterior of the buildings and tracking license plate numbers, suspicious behavior and other relevant security information.
ENDS

Debito.org quoted in South China Morning Post about Sankei Shinbun’s Sono Ayako advocating Japartheid

mytest

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Hi Blog. Story still ongoing, and we got quoted in the SCMP. Hopefully all this attention from the outside world will make the Sankei Shinbun (or maybe even the author) recant and retract the story. I will be pleasantly surprised if it does, but bigots of this age group rarely do, and after all the recent Asahi Shinbun bashing after admitting they ran a badly-sourced story the Sankei probably doesn’t want to admit they were wrong either. Dr. ARUDOU, Debito

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Top Japanese author Sono backs racial segregation saying it’s ‘impossible to live alongside foreigners’
Ayako Sono, 83, suggests that a version of South Africa’s apartheid could work in her country

February 15, 2015, by Julian Ryall in Tokyo
http://www.scmp.com/news/asia/article/1713536/top-japanese-author-sono-backs-racial-segregation-saying-its-impossible

A well-known Japanese author and columnist who advised the government has sparked outrage by claiming foreigners should live in separate areas from Japanese people.

In an opinion piece for the conservative Sankei newspaper last week, Ayako Sono, 83, suggested that the infamous apartheid system that was practised in South Africa between 1948 and 1994 would be appropriate for Japan.

“It is next to impossible to attain an understanding of foreigners by living alongside them,” Sono wrote.

“Ever since I learned of the situation in South Africa some 20 or 30 years ago, I have been convinced that it is best for the races to live apart from each other, as was the case for whites, Asians and blacks in that country,” she said in the piece.

She cited the case of an apartment block in Johannesburg that was, under apartheid, reserved for white families. As soon as the laws were changed, she said, the property “fell to pieces” because black people have large families.

“Ever since learning of this, I have said that humans can do many things together – business, research, sports, to name but a few – but when it comes to living, this is one area where the races must live apart.”

Sono was appointed by Prime Minister Shinzo Abe to an education panel in 2013.

Her comments have provoked anger among human-rights activists.

“It’s a stunning cognitive dissonance. After calling the apartheid system ‘racial discrimination’ in her column, she advocates it,” said Debito Arudou, a naturalised Japanese who was born in the United States and has become a leading rights activist after being refused access to a public bath in Hokkaido because he is foreign.

“Is it no longer racial discrimination in a Japanese context?” he asked. “Or does she think racial discrimination is not a bad thing?

“I hope – and I stress hope – this will be dismissed as the wistful musings of a very old lady who is way out of touch,” he added.

“But she occupies a position of authority, and I fear her attitudes are but the tip of the iceberg in Japan’s ultra-conservative ruling elite.”

Internet users have also weighed in on the argument, with tens of thousands of messages on Twitter and other online forums condemning Sono’s comments.

“The problem is not that this woman exists or holds these views,” wrote one commentator. “After all, every country has its far-right misanthropes, neo- Nazis, etc.

The problem is that this woman holds these views while being somewhat revered, even decorated.”

Another asked how Sono, or the Japanese government, would react if another country advocated rounding up Japanese nationals and segregating them purely because of their nationality, while the Sankei was criticised as a “vile, racist paper”.

Arudou said he intended to continue fighting for the rights of foreign nationals living in Japan, adding: “There is a widespread tautological feeling that foreigners don’t deserve human rights because they’re foreigners.

“It begs the question about whether a society can see non-citizens as fellow humans,” he said.
================================================

This article appeared in the South China Morning Post print edition as “Outrage as top author backs racial segregation”
ENDS

Tangent: AFP/Jiji: “Workaholic Japan considers making it compulsory to take vacation days.” Good news, if enforceable

mytest

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Hi Blog. As a tangent to what Debito.org usually takes up, let’s consider something interesting that affects everyone in Japan: the pretty insane work ethic.

Caveat: Having a society that works hard pays out enormous benefits in terms of convenience. Who can grumble about being able to, say, get a good meal at any time from a convenience store, or have bureaucrats and postal workers working on weekends? Well, those people working those kinds of jobs. And while I see a similar erosion of working hours in the United States (according to the OECD, both Americans and Japanese work fewer hours per year in 2013 than they did in 2000, but Americans still work more hours than Japanese — not surprising seeing how inhumane the amount of time people in retail have to work, especially here in Hawaii), one big issue is the ability to take vacations. I see people working full-time around here able to take sick days and even vacations without much blowback from their colleagues. Not in Japan, according to the article below. That’s why the GOJ is considering making the vacations mandatory.

This is good news. However, a closer consideration of the stats given below show an disturbing tendency: Western Europeans take almost all of their mandatory paid holidays off (up to more than a month), while Japanese take less than half of the half of the paid holidays days off they possibly could (i.e., around nine days a year, according to the article below). And what are the labor unions pushing for? Eight days. How underwhelming. Earn your dues, unions!

I think anyone reading Debito.org (since so many of us have worked for Japanese companies) understands why Japanese workers take so few days off and sometimes work themselves to death — peer pressure. Hey Kinmu Taro, how dare you duck out of the office for a vacation and thereby increase the workload for everyone else? How dare you even try to leave “early” on a daily basis. After all, “early” is defined as ahead of anyone else — you even have to embarrassingly announce “Osaki ni shitsurei shimasu” (“Excuse my rudeness for leaving ahead of you.”) as you walk out the door as an apparent show of good manners (it’s more a mutual policing strategy). So you work late, even if that means you just sit at the office until 7 or 8 PM waiting for the boss, who often has no real interests outside of the company, to leave first (or ask you out for drinks, although that Bubble-Era experience is probably a dying phenomenon). So you find make-work or skiving strategies to look busy, and thus the company soaks up the overwhelming majority of your waking hours, for six or even seven days a week.  To the point where the overwheming majority of Japanese workers are reportedly bored to bits on the job. I’m not saying anything here you probably don’t know already.  I’m just explaining why I opened this blog entry with calling Japan’s work ethic “insane”.

So of course, what with all this embedded bullying, making the holidays mandatory is the only way to go. If it’s enforceable, that is: you’ll have to be brave enough to take it up with the Labor Standards Bureau if your employer won’t play ball (given how many people already work on national holidays anyway, employers don’t). So this development is good news for everyone, except that it’s not really asking for more than what the average person takes off anyway. Not until people demand Western-European standards of vacationing culture will things change.  Clearly even Japan’s worker-representative labor unions are not about to do that (especially given the argument that the United States works even more hours).

I think Japanese corporate culture has immense trouble understanding that working longer does not equal working harder. Being able to take proper vacations is important in understanding how to work smarter — in order to increase worker productivity during the actual hours worked.  By being able to duck out for a vacation recharge when necessary without the stress of guilt interfering, I think the Americans have a bit more leeway to do that.

Labor productivity studies is not exactly my field, and I’m sure plenty of Debito.org Readers have their own opinions and experiences about the work ethic in Japan.  Opening this topic up for discussion.  Dr. ARUDOU, Debito

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Workaholic Japan considers making it compulsory to take vacation days
Japan Times/AFP-JIJI, FEB 4, 2015
http://www.japantimes.co.jp/news/2015/02/04/business/workaholic-japan-considers-making-it-compulsory-to-take-vacation-days/

Who wouldn’t want a holiday?

In Japan, plenty of workers fail to take their paid vacation allowance. The Abe administration is now considering making it compulsory for workers to take at least five days of paid holiday a year, in a bid to lessen the toll on mental and physical health.

Workers typically use less than half their annual leave, according to a survey by the labor ministry that found employees in 2013 took only nine of their 18.5 days average entitlement.

A separate poll showed that one in six workers took no paid holidays at all that year.

The administration wants to boost the amount of paid leave used to 70 percent by 2020 and is planning to submit legislation in the current Diet session mandating holidays.

In early discussions, employers’ groups have proposed limiting the number of compulsory paid holidays to three days, while unions have called for eight.

The culture of long working hours and unpaid overtime is regularly criticized as a leading cause of mental and physical illness among employees.

The term “karoshi,” which means “death by overwork,” entered the lexicon a few years ago amid a surge in the number of people dying because of stress-related problems or taking their own lives.

According to a poll by the Japanese unit of Expedia, a U.S.-based online travel agency, workers in France enjoyed 37 paid holiday days in 2010 and used 93 percent of them.

Spain had 32 paid vacation days and Denmark 29, with the average employee using up more than 90 percent.

As well as the health benefits, days off encourage workers to spend money on leisure activities, thereby boosting the economy.

Japan has a relatively high 15 statutory holidays annually. In recent years there has been a move to shift the days so that they fall adjacent to the weekend, making domestic holidays more of a possibility.

This year for the first time there will be a five-day weekend in May and in September, to which it is expected some employees will add a few days’ leave to make their vacations longer.
ENDS

Khaosod (Thailand): Taxi Association Condemns ‘No Japanese Passengers’ Sign

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Hi Blog. Here’s something for the Shoe on the Other Foot Dept.: A “No Japanese Passengers” taxi in Thailand, refusing to take all “Japanese” passengers. There’s even a sign (courtesy of Khaosod English):

ThailtaxiJapaneseOnly012115

Naturally, Debito.org condemns all exclusionism of this type, and encourages people to challenge it and have these signs and rules repealed.  We have devoted much cyberspace to recording and archiving the converse, “Japanese Only” signs that exclude all “foreigners” (that unfortunately have gone largely unchallenged in Japan), not to mention the occasional “Japanese Only” establishment run for Japanese clientele outside of Japan (that excludes all “foreigners” in their own country, natch).

What’s important is how swift and decisive the challenge from society is, and whether it is effective.  In the Thai taxi case below, according to media, the taxi driver (rightly) lost his license to do business at the airport, and quite a furore happened both online and in print media denouncing this act as wrong-headed, even racist.  Good.  A similar furore also happened when a hotel in India had “Japanese Only” rules (the Indian authorities did not brook this kind of discrimination either).

Now, if only the Japanese authorities would be so decisive about this kind of exclusionism in Japan (as Debito.org has demonstrated over these past twenty years, they generally aren’t; they even deny racial discrimination ever happens in Japan, quite counterproductively).

Of course, some hay has been made about this Thai taxi on Japanese social media, with rightly-deserved (but unironic) condemnations of the “discrimination” against Japanese overseas.

One last point:  Koki Aki, the Japanese gentleman who set this issue in motion by complaining online after being ripped off by a Thai cabbie (prompting the cabbie to exclude), subsequently defended himself against trolls who said he must not like Thailand:  “I criticize Thailand, but I don’t hate Thailand.”  Well put.  Now, if only other debaters in Japan’s debate arenas would be so cognizant.  Dr. ARUDOU, Debito

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Taxi Association Condemns ‘No Japanese Passengers’ Sign
Khaosod English
21 January 2015, Last update at 12:17:00 GMT
http://www.khaosodenglish.com/detail.php?newsid=1421819098
Courtesy of MS and SH

BANGKOK — A taxi association at Bangkok’s international airport has condemned a cabbie who is reportedly refusing to take Japanese passengers, one day after a Japanese man made headlines with his rant against a driver who refused to turn on his meter at the airport.

A photo widely shared on social media this morning shows a sign posted on a taxi window in English, Japanese, and Thai. The Thai text reads: “No picking up of Japanese passengers.”

The notice ends with the text, “From: Association of Suvarnabhumi Airport’s Taxi Drivers.”

The photo surfaced a day after airport authorities fined a taxi driver 1,000 baht and banned him from picking up passengers at Suvarnabhumi Airport for trying to overcharge a Japanese man. The punishment was carried out after the Japanese man’s harsh rebuke of the cab driver, who reportedly demanded a flat-rate of 700 baht for a ride to Bangkok’s Saphan Kwai district, went viral on social media.

However, Sadit Jaitiang, director of Association of Suvarnabhumi Airport’s Taxi Drivers, told Khaosod in a phone interview that he had nothing to do with the notice, and only found out about the sign from social media today.

“I have not seen the sign with my own eyes, but I have seen photos of it. Let me stress that the Association is not related to such notice in any way,” Sadit said. “Taxi drivers cannot be picky. We cannot choose to take or refuse passengers of certain nationalities. If we do that, we won’t have any money. We have to take care of our families.”

Sadit said he is looking into who is responsible for sign, and will hold that person accountable if he or she is a member of the airport taxi association.

“As the director of the Association, I condemn this action. The Association wholeheartedly disagrees with it. We are working to find out which driver put up the sign. If we discover that one of our members indeed put up the sign, that person will be held responsible,” Sadit said.

Hundreds of Thai internet users have vented anger at the “No Japanese” sign, with some accusing the taxi driver of racism, discrimination, and refusing to obey the regulation. Others have jokingly commented that the driver should stop using a Japanese car.

ENDS

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Online Complaint Prompts Ban of BKK Airport Cab Driver
Khaosod English
20 January 2015, Last update at 15:48:00 GMT
http://www.khaosodenglish.com/detail.php?newsid=1421744138

BANGKOK — A taxi driver has been suspended from picking up passengers at Bangkok’s international airport after a Japanese tourist’s complaint about the driver’s refusal to use a meter went viral on social media.

Koki Aki posted on Facebook, in Japanese and Thai, on Sunday that the cab driver assigned to him at Suvarnabhumi Airport refused to use a meter and demanded a flat-rate of 700 baht for a ride to Saphan Kwai district in Bangkok.

Aware that a usual fare for the trip would not cost more than 350 baht, Koki reportedly asked the driver to use the meter, but the driver refused. Koki said he complained to the staff managing the airport’s taxi kiosk system, but was told that it was normal for passengers to negotiate fares with drivers for a long distance trip.

Airport staff say they instructed Aki to file a formal complaint, but that he declined to do so. However, Aki wrote in his Facebook post that it was he who requested to file a complaint, only to be ignored by the staff who “acted like they don’t care about my concern and don’t want to do their job.”

“This is the international airport of Thailand, and this is the place to take cabs from the airport, but there are even scams here,” Aki wrote. “They don’t care about the passengers at all. What can we foreigners do?”

Aki’s complaint came at a time when many Bangkokians have been airing grievances about taxi drivers who refuse to pick up them up in downtown Bangkok, preferring to take tourists who can be duped into paying extortionate fares. Tapping into this grief, Aki’s Facebook status soon went viral on Thai social media accounts, garnering more than 15,500 “shares.”

Prapon Pattamakijsakul, the director of Suvarnabhumi Airport, said he has already launched an investigation into the incident and punished the taxi driver who tried to overcharge the Japanese tourist.

According to Prapon, the driver, Chaiyan Charoensopha, has been stripped of his license to pick up passengers at Suvarnabhumi Airport’s taxi queue, in accordance with the airport’s regulation and penalty codes.

“Taxi drivers must always use their meters in their service,” Prapon said, adding that passengers who encounter any problems should keep the tickets issued by the taxi kiosks as evidence for filing complaints to officials. Complaints can be filed by calling 02-132-9199 at any time of day, he said.

Prapon also told reporters that there are 35 complaints about taxis at Suvarnabhumi Airport on average per month, which amounts to 0.01 per cent of all rides.

“Nevertheless, if the airport authorities investigate these complaints and discover that the drivers are guilty, we punish every one of them strictly without any exception,” Prapon said. “Therefore, the airport would like to ask everyone to file a complaint if they ever see a taxi driver behaving inappropriately, such as refusing to use meters, being rude, or refusing to take passengers.”

Teerapong Rodprasert, director of the Department of Land Transport, said Chaiyan, the taxi driver, confessed to the allegation and was fined 1,000 baht for violating the department’s taxi regulation.

“We didn’t suspend his driving license because he committed the offence for the first time,” Teerapong said. “So we recorded his wrongdoing into the database and sent him to participate in a lecture about service mentality for four hours.”

After his complaint was publicized by a number of Thai media outlets, Aki wrote yesterday that he was “very surprised” to see such a reaction. He explained in another Facebook post that he has been regularly visiting Thailand for the last 10 years and even knows how to write in Thai.

“Many Thais sent messages to my inbox … Most of the comments say “I apologize on behalf of my fellow Thai,” or “Please don’t forget that not all Thais are bad,”” Aki wrote. “These comments, I feel that they are comments from the Thai people with sincere hearts. I am very glad to hear them. I don’t want you to misunderstand me. I criticize Thailand, but I don’t hate Thailand.”

ENDS
/////////////////////////////////////////////

BTW, more on the case and who Koki Aki is (somebody with quite a lot of experience in Thailand) courtesy of the Bangkok Post at http://www.bangkokpost.com/learning/learning-from-news/458379/airport-complaint-gets-results.

My Japan Times JBC 83 Jan 1, 2015: “Hate, Muzzle and Poll”: Debito’s Annual Top Ten List of Human Rights News Events for 2014

mytest

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JUST BE CAUSE
justbecauseicon.jpg

A TOP TEN FOR 2014
By Dr. ARUDOU, Debito
JUST BE CAUSE Column 83 for the Japan Times Community Page
Published January 1, 2015 (version with links to sources)

Courtesy http://www.japantimes.co.jp/community/2015/01/01/issues/hate-muzzle-poll-top-10-issues-2014/

 | 

Hate, muzzle and poll: a top 10 of issues for 2014

BY DEBITO ARUDOU, The Japan Times, January 1, 2015

As is tradition for JBC, it’s time to recap the top 10 human rights news events affecting non-Japanese (NJ) in Japan last year. In ascending order:

10) Warmonger Ishihara loses seat

This newspaper has talked about Shintaro Ishihara’s unsubtle bigotry (particularly towards Japan’s NJ residents) numerous times (e.g. “If bully Ishihara wants one last stand, bring it on,” JBC, Nov. 6, 2012). All the while, we gritted our teeth as he won re-election repeatedly to the National Diet and the Tokyo governorship.

However, in a move that can only be put down to hubris, Ishihara resigned his gubernatorial bully pulpit in 2012 to shepherd a lunatic-right fringe party into the Diet. But in December he was voted out, drawing the curtain on nearly five decades of political theater.

About time. He admitted last month that he wanted “to fight a war with China and win” by attempting to buy three of the disputed Senkaku islets (and entangling the previous left-leaning government in the imbroglio). Fortunately the conflict hasn’t come to blows, but Ishihara has done more than anyone over the past 15 years to embolden Japan’s xenophobic right (by fashioning foreigner-bashing into viable political capital) and undo Japan’s postwar liberalism and pacifism.

Good riddance. May we never see your like again. Unfortunately, I doubt that.

9) Mori bashes Japan’s athletes

Japan apparently underperformed at the 2014 Sochi Winter Olympics (no wonder, given the unnecessary pressure Japanese society puts on its athletes) and somebody just had to grumble about it — only this time in a racialized way.

Chair of the Tokyo 2020 Olympics committee Yoshiro Mori (himself remembered for his abysmal performance as prime minister from 2000 to 2001) criticized the performance of Japanese figure skaters Chris and Cathy Reed: “They live in America. Because they are not good enough for the U.S. team in the Olympics, we included these naturalized citizens on the team.” This was factually wrong to begin with, since through their Japanese mother, the Reeds have always had Japanese citizenship. But the insinuation that they weren’t good enough because they weren’t Japanese enough is dreadfully unsportsmanlike, and contravenes the Olympic charter on racism.

Mori incurred significant international criticism for this, but there were no retractions or resignations. And it isn’t the first time the stigmatization of foreignness has surfaced in Mori’s milieu. Since 2005 he has headed the Japan Rugby Football Union, which after the 2011 Rugby World Cup criticized the underperforming Japan team for having “too many foreign-born players” (including naturalized Japanese citizens). The 2012 roster was then purged of most “foreigners.” Yet despite these shenanigans, Japan will host the 2019 Rugby World Cup right before the Tokyo Olympics.

8) ‘Points system’ visa revamp

In a delicious example of JBC SITYS (“see, I told you so”), Japan’s meritocratic Points-based Preferential Treatment for Highly Skilled Foreigners visa failed miserably in 2013, with only 700 people having even applied for the available 2,000 slots six months into the program.

JBC said its requirements were far too strict when it was first announced, predicting it would fail (see last year’s top 10, and “Japan’s revolving door immigration policy hard-wired to fail,” JBC, March 6, 2012). Policymakers arrogantly presumed that NJ are beating down the door to work in Japan under any circumstances (not likely, after Japan’s two economic “lost decades”), and gave few “points” to those who learned Japanese or attended Japanese universities. Fact is, they never really wanted people who “knew” Japan all that well.

But by now even those who do cursory research know greater opportunities lie elsewhere: Japan is a land of deflation and real falling wages, with little protection against discrimination, and real structural impediments to settling permanently and prospering in Japanese society.

So did the government learn from this policy failure? Yes, some points requirements were revamped, but the most significant change was cosmetic: The online info site contains an illustration depicting potential applicants as predominantly white Westerners. So much for the meritocracy: The melanin-rich need not apply.

Good luck with the reboot, but Japan is becoming an even harder sell due to the higher-ranking issues on our countdown.

7) Ruling in Suraj death case

This is the third time the case of Ghanaian national Abubakar Awadu Suraj has made this top 10, because it demonstrates how NJ can be brutally killed in police custody without anyone taking responsibility.

After Suraj was asphyxiated while physically restrained during deportation in 2010, for years his kin unsuccessfully sought criminal prosecutions. Last March, however, the Tokyo District Court ruled that immigration officials were responsible for using “illegal” excessive force, and ordered the government to pay ¥5 million to Suraj’s widow and mother.

The case is currently being appealed to the Tokyo High Court. But the lesson remains that in Japan, due to insufficient oversight over Immigration Bureau officials (as reported in United Nations and Amnesty International reports; four NJ have died in Immigration custody since October 2013), an overstayed visa can become a capital offense.

6) Muslims compensated for leak

In another landmark move by the Tokyo District Court, last January the National Police Agency was ordered to compensate several Muslim residents and their Japanese families, whom they had spied upon as suspected terrorists. Although this is good news (clearly noncitizens are entitled to the same right to privacy as citizens), the act of spying in itself was not penalized, but rather the police’s inability to manage their intelligence properly, letting the information leak to the public.

Also not ruled upon was the illegality of the investigation itself, and the latent discrimination behind it. Instead, the court called the spying unavoidable considering the need to prevent international terrorism — thus giving carte blanche to the police to engage in racial profiling.

5) ‘Japanese only’ saga

If this were my own personal top 10, this would top the list, as it marks a major shift in Japan’s narrative on racial discrimination (the subject of my Ph.D. last year). As described elsewhere (“J.League and media must show red card to racism,” JBC, March 12, 2014), the Japanese government and media seem to have an allergy when it comes to calling discrimination due to physical appearance “discrimination by race” (jinshu sabetsu), depicting it instead as discrimination by nationality, ethnicity, “descent,” etc. Racism happens in other countries, not here, the narrative goes, because Japan is so homogeneous that it has no race issues.

But when Urawa Reds soccer fans last March put up a “Japanese only” banner at an entrance to the stands at its stadium, the debate turned out differently. Despite some initial media prevarication about whether or not this banner was “racist,” J.League chair Mitsuru Murai quickly called it out as racial discrimination and took punitive action against both the fans and the team.

More importantly, Murai said that victims’ perception of the banner was more important than the perpetrators’ intent behind it. This opened the doors for debate about jinshu sabetsu more effectively than the entire decade of proceedings in the “Japanese only” Otaru onsen case that I was involved in (where behavior was ruled as “racial discrimination” by the judiciary as far back as 2002). All of this means that well into the 21st century, Japan finally has a precedent of domestic discourse on racism that cannot be ignored.

4) Signs Japan may enforce Hague

Last year’s top 10 noted that Japan would join an international pact that says international children abducted by a family member from their habitual country of residence after divorce should be repatriated. However, JBC doubted it would be properly enforced, in light of a propagandist Foreign Ministry pamphlet arguing that signing the Hague Convention was Japan’s means to force foreigners to send more Japanese children home (“Biased pamphlet bodes ill for left-behind parents,” JBC, Oct. 8). Furthermore, with divorces between Japanese citizens commonly resulting in one parent losing all access to the children, what hope would foreigners have?

Fortunately, last year there were some positive steps, with some children abducted to Japan being returned overseas. Government-sponsored mediation resulted in a voluntary return, and a court ruling ordered a repatriation (the case is on appeal).

However, the Hague treaty requires involuntary court-ordered returns, and while Japan has received children under its new signatory status, it has not as yet sent any back. Further, filing for return and/or access in Japan under the Hague is arduous, with processes not required in other signatory countries.

Nevertheless, this is a step in the right direction, and JBC hopes that respect for habitual residence continues even after international media attention on Japan has waned.

3) Ruling on welfare confuses

Last July another court case mentioned in previous top 10s concluded, with an 82-year-old Zainichi Chinese who has spent her whole life in Japan being denied social-welfare benefits for low-income residents (seikatsu hogo). The Supreme Court overturned a Fukuoka High Court ruling that NJ had “quasi-rights” to assistance, saying that only nationals had a “guaranteed right” (kenri).

People were confused. Although the media portrayed this as a denial of welfare to NJ, labor union activist Louis Carlet called it a reaffirmation of the status quo — meaning there was no NJ ineligibility, just no automatic eligibility. Also, several bureaucratic agencies stated that NJ would qualify for assistance as before.

It didn’t matter. Japan’s xenophobic right soon capitalized on this phraseology, with Ishihara’s Jisedai no To (Party for Future Generations) in August announcing policies “based on the ruling” that explicitly denied welfare to NJ. In December, in another act of outright meanness, Jisedai made NJ welfare issues one of their party platforms. One of their advertisements featured an animated pig, representing the allegedly “taboo topic” of NJ (somehow) receiving “eight times the benefits of Japanese citizens,” being grotesquely sliced in half.

You read that right. But it makes sense when you consider how normalized hate speech has become in Japan.

2) The rise and rise of hate speech

Last year’s list noted how Japan’s hate speech had turned murderous, with some even advocating the killing of Koreans in Japan. In 2014, Japanese rightists celebrated Hitler’s 125th birthday in Tokyo by parading swastika banners next to the Rising Sun flag. Media reported hate speech protests spreading to smaller cities around Japan, and Prime Minister Shinzo Abe offered little more than lukewarm condemnations of what is essentially his xenophobic power base. Even opportunistic foreigners joined the chorus, with Henry Scott Stokes and Tony “Texas Daddy” Marano (neither of whom can read the Japanese articles written under their name) topping up their retirement bank accounts with revisionist writings.

That said, last year also saw rising counterprotests. Ordinary people began showing up at hate rallies waving “No to racism” banners and shouting the haters down. The United Nations issued very strong condemnations and called for a law against hate speech. Even Osaka Mayor Toru Hashimoto confronted Makoto Sakurai, the then-leader of hate group Zaitokukai (which, despite Japan’s top cop feigning ignorance of the group, was added to a National Police Agency watch list as a threat to law and order last year).

Unfortunately, most protesters have taken the tack of crying “Don’t shame us Japanese” rather than the more empowering “NJ are our neighbors who have equal rights with us.” Sadly, the possibility of equality ever becoming a reality looked even further away as 2014 drew to a close:

1) Abe re-election and secrets law

With his third electoral victory in December, Abe got a renewed mandate to carry out his policies. These are ostensibly to revitalize the economy, but more importantly to enforce patriotism, revive Japan’s mysticism, sanitize Japan’s history and undo its peace Constitution to allow for remilitarization (“Japan brings out big guns to sell remilitarization in U.S.,” JBC, Nov. 6, 2013).

Most sinister of all his policies is the state secrets law, which took effect last month, with harsh criminal penalties in place for anyone “leaking” any of 460,000 potential state secrets. Given that the process for deciding what’s a secret is itself secret, this law will further intimidate a self-censoring Japanese media into double-guessing itself into even deeper silence.

These misgivings have been covered extensively elsewhere. But particularly germane for JBC is how, according to Kyodo (Dec. 8), the Abe Cabinet has warned government offices that Japanese who have studied or worked abroad are a higher leak risk. That means the government can now justifiably purge all “foreign” intellectual or social influences from the upper echelons of power.

How will this state-sponsored xenophobia, which now views anything “foreign” as a security threat, affect Japan’s policymakers, especially when so many Japanese bureaucrats and politicians (even Abe himself) have studied abroad? Dunno. But the state secrets law will certainly undermine Japan’s decades of “internationalization,” globalization and participation in the world community — in ways never seen in postwar Japan.


Bubbling under:

a) Jisedai no To’s xenophobic platform fails to inspire, and the party loses most of its seats in December’s election.

b) Takeda Pharmaceutical Co., Japan’s biggest drugmaker, appoints Christophe Weber as president despite the Takeda family’s xenophobic objections.

c) Media pressure forces Konsho Gakuen cooking college to (officially) repeal its “Japanese only” admissions process (despite it being in place since 1976, and Saitama Prefecture knowing about it since 2012).

d) All Nippon Airways (ANA) uses racist “big-nosed white guy” advertisement to promote “Japan’s new image” as Haneda airport vies to be a hub for Asian traffic (“Don’t let ANA off the hook for that offensive ad,” JBC, Jan. 24, 2014).

e) Despite NJ being listed on resident registries (jūmin kihon daichō) since 2012, media reports continue to avoid counting NJ as part of Japan’s official population.

ENDS

Grauniad: Police in Japan place anti-Korean extremist group Zaitokukai on watchlist; good news, if enforced

mytest

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Hi Blog. Some interesting news here. According to the Grauniad (article below), hate group Zaitokukai (which has been part of a group publicly advocating the killing of Japan’s generational Korean residents, the Zainichi) has been placed on a National Police Agency “watchlist” as a threat to law and order.

That is good news.  However, I wonder if it will deter Zaitokukai’s bullying activities, where they can verbally abuse, knock down, and even punch (watch the video to the end) an old man who counterdemonstrates against them:

Where were the police then?  (Or then? Or then? Or then? Or then? Or then? Or within the movie Yasukuni?)

As Debito.org has argued before, the Japanese police have a soft touch for extreme-rightists, but take a hard line against extreme(?) leftists.  So placing this particular group on a watch list is a good thing.  As having laws against violence and threats to law and order is a good thing.  Alas, if those laws are not enforced by Japan’s boys in blue, that makes little difference.  We will have to wait and see whether we’ll see a softening of Zaitokukai’s rhetoric or Sakurai Makoto’s bullying activities.

Meanwhile, according to the Mainichi Shinbun at the very bottom, local governments (as opposed to the foot-dragging PM Abe Cabinet) are considering laws against hate speech (well, they’re passing motions calling for one, anyway).  That’s good too, considering that not long ago they were actually passing panicky resolutions against allowing Permanent Residents (particularly those same Zainichi) the right to vote in local elections.  Methinks that if the world (e.g., the United Nations) wasn’t making an issue of Japan’s rising hate speech (what with the approaching 2020 Tokyo Olympics and all), this would probably not be happening.  In other words, the evidence suggests that it’s less an issue of seeing the Zainichi as fellow residents and human beings deserving equal rights, more an issue of Japan avoiding international embarrassment.  I would love to be proven wrong on this, but the former is a much more sustainable push than the latter.  Dr. ARUDOU, Debito

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Police in Japan place anti-Korean extremist group Zaitokukai on watchlist
Ultra-nationalist group, which claims to have 15,000 members, deemed a threat to law and order
By Justin McCurry in Tokyo
The Guardian, Thursday 4 December 2014 10.29 EST
http://www.theguardian.com/world/2014/dec/04/police-japan-rightwing-anti-korean-extremist-group-zaitokukai-watchlist

Police in Japan have placed a rightwing extremist group on its watchlist for the first time amid growing international pressure to crack down on a rise in hate speech against the country’s Korean community.

In its annual security report published this week, the National Police Agency said Zaitokukai, an ultra-nationalist group that claims it has 15,000 members, should be considered a potential threat to law and order.

Zaitokukai calls for the end to welfare and other “privileges” afforded to about half a million non-naturalised members of Japan’s ethnic Korean community, including the descendants of labourers brought over from the Korean peninsula to work in mines and factories before and during the second world war.

It frequently holds demonstrations, often in parts of cities such as Tokyo and Osaka with large Korean populations. Its supporters have described ethnic Koreans as “criminals” and “cockroaches” and called for them to be killed. Police said Zaitokukai and other far-right groups had held more than 100 rallies in the first 10 months of this year.

The police agency report – which usually targets members of Japan’s vast network of yakuza gangs – warned Zaitokukai was a potential threat to the public due to its “extreme nationalist and xenophobic” ideology.

Zaitokukai’s inclusion in the security watch list is unprecedented and comes months after Eriko Yamatani, who as minister for public security is Japan’s most senior police official, failed to publicly condemn the group.

Yamatani was invited to distance herself from Zaitokukai this October after a 2009 photograph emerged of her with Shigeo Masuki, then a senior member of the group. She told journalists she did not recall the photograph being taken, adding that it was not appropriate to comment on the policies of individual groups.

“Japan has a long history of placing great value on the idea of harmony and respecting the rights of everyone,” she said.

In July, a court in Osaka ruled that a Zaitokukai demonstration held near a school in Kyoto with links to a North Korean residents group amounted to racial discrimination.

In October, Osaka’s mayor, Toru Hashimoto, confronted Zaitokukai’s then leader, Makoto Sakurai, during a one-on-one debate, labelling him and his supporters racists who were not welcome in the city. The debate ended after just a few minutes, with both men hurling insults at each other and, at one point, appearing on the verge of physical violence.

The UN committee on the elimination of racial discrimination has called on Japan to address hate speech and incitement to racist violence during demonstrations, and to punish public officials and politicians who disseminate hate speech. This week South Korea’s national assembly adopted a resolution urging Japan to take similar measures.

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

ヘイトスピーチ:法規制求める意見書 地方議会続々採択

毎日新聞 2014年12月20日 15時00分

 http://mainichi.jp/select/news/20141220k0000e040211000c.html, courtesy of BS.

 社会問題化しているヘイトスピーチについて、国による法規制などを求める意見書の採択が地方議会で相次いでいる。背景には、在日コリアンへのヘイトスピーチを人種差別と認めた判断が確定した今月9日の最高裁決定があり、19日に可決された3自治体の意見書にはいずれも決定の内容が盛り込まれた。意見書に拘束力はないが、差別や偏見をあおる行為に「NO」を表明する動きが全国で広がり始めた。

「2020年には東京五輪・パラリンピックが開催されるが、ヘイトスピーチを放置することは、国際社会における我が国への信頼を失うことにもなりかねない。法整備を速やかに行うことを強く求める」

さいたま市議会は19日、こう記された意見書案を全会一致で可決した。多文化共生政策に取り組んできた高柳俊哉議員(民主)は「市内ではJリーグのサポーターが差別的な横断幕を掲げる問題もあった。住民に一番近い立場の議会から要望を国に伝えることは意義がある」と話す。

堺市議会と鳥取県議会も同日、国に法整備などを求める意見書を可決。採択に向けた活動を進めてきた同市議会の山口典子議員(無所属)は「人種差別を禁止する法律を持たない先進国などありえない。排外主義団体が公共施設を使って活動していることにも憤りを感じる」と語る。

国に対策を促す地方議会の意見書を巡っては、東京・国立(くにたち)市議会が今年9月に全国で初めて可決。国連の人種差別撤廃委員会が8月に政府による法規制を日本に勧告した影響とみられ、名古屋市と奈良県議会も9月議会で採択した。

流れを後押ししたのが「在日特権を許さない市民の会」(在特会)の街頭宣伝活動を人種差別と認め、在特会側に約1200万円の賠償を命じた1、2審判決が確定した最高裁決定で、この12月議会では長野県▽福岡県▽京都府向日(むこう)市▽埼玉県宮代(みやしろ)町▽東京都東村山市▽同葛飾区−−などで可決された。

ヘイトスピーチの問題に詳しい師岡康子弁護士は「住民生活に密着した地方が国に毅然(きぜん)と態度表明をする意味は大きい。地方独自の取り組みを始めているところもあり、国は速やかに対策に取り組むべきだ」と指摘する。【小泉大士】

ENDS

Mainichi: Thousands of anti-hate speech demonstrators take to Tokyo streets Nov 2, 2014

mytest

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HI Blog.  Good news.  With the upswell in hate speech in Japan, particularly against Zainichi Koreans, we have social antibodies kicking in, with public counterdemonstrations on Nov. 2 to say that this behavior is unacceptable.  Very good indeed.

Of course, this is only the second time that the anti-racists have demonstrated, as opposed to the many, many, many times the pro-racism forces have turned out on the streets.  But it is a positive step that Debito.org salutes, and I hope that they will take a more proactive (as opposed to reactive) approach to set the public agenda.  That agenda should be:  punitive criminal laws against hate speech and racial discrimination in Japan.  For the lack of legislation in Japan means that the xenophobic elements can essentially do as they please (short of breaking already-established laws involving more generic violence towards others) to normalize hatred in Japan.  And they will probably succeed in doing so unless it is illegal.  My fear is that opponents of public hatred might think that just counter-demonstrating is sufficient, and if hate speech ever dies down, they’ll think problem solved.  As the United Nations agrees, it won’t be.  Dr. ARUDOU, Debito

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Thousands of anti-hate speech demonstrators take to Tokyo streets

Mainichi Shinbun, November 3, 2014

http://mainichi.jp/english/english/newsselect/news/20141103p2a00m0na008000c.html
Courtesy of MS
mainichiantihatedemo110214
Participants in the anti-hate speech rally “Tokyo No Hate 2014” call for the elimination of discrimination, in Tokyo’s Shinjuku Ward on Nov. 2, 2014. (Mainichi)

Thousands of people took to the streets near Tokyo’s Shinjuku Central Park on Nov. 2 to protest against hate speech campaigns.

Participants in the “Tokyo No Hate 2014” rally called for an end to racial discrimination and hate speech demonstrations as they marched some 4 kilometers, accompanied by Korean pop and marching band music. Some 2,800 people joined the protest, according to the organizers.

Rally participant Aki Okuda, a 22-year-old third-year student at a Tokyo university, said, “It’s important to raise our voices to show there are people who are against hate speech demonstrations, instead of just turning a blind eye to them.”

The organizing citizens groups and other entities first mounted an anti-hate speech rally in September last year. The Nov. 2 protest was the organizers’ second such protest.

Story in Japanese here: http://mainichi.jp/select/news/20141103k0000m040027000c.html

反ヘイトデモ:見て見ぬふりできない…2800人が訴え
毎日新聞 2014年11月02日 20時35分(最終更新 11月02日 20時41分)

ヘイトスピーチやインターネット上での差別的表現が増えていることを受け、市民団体などが呼びかけ、昨年9月に初めて開催した。今回が2回目。

マーチングバンドの演奏や韓国のポップ音楽が流れる中、参加者は約4キロのルートを歩いた。朝鮮の民族衣装「チマチョゴリ」を着た人や外国人の姿もあった。東京都の大学3年生、奥田愛基(あき)さん(22)は「見て見ぬふりをするのではなく、反対している人がいることを表すために声を上げることが大切」と話した。【深津誠】

ENDS

Osaka Mayor Hashimoto vs Zaitokukai Sakurai: I say, bully for Hash for standing up to the bully boys

mytest

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Hi Blog. Making the news recently is this very unusual public smackdown in the halls of the Osaka government:

///////////////////////////////////////////////////////////////////
Osaka mayor gets into shouting match with head of anti-Korean group
KYODO/JAPAN TIMES, OCT 21, 2014

http://www.japantimes.co.jp/news/2014/10/21/national/social-issues/osaka-mayor-engages-shouting-match-head-anti-korean-group/

OSAKA – Osaka Mayor Toru Hashimoto met with the head of an anti-Korean group Monday as he considers cracking down on hate speech rallies in the city, but they ended up having a shouting match in which they more or less just insulted each other.

The meeting with Makoto Sakurai, who heads the group commonly known as Zaitokukai, at City Hall was tense from the beginning, with both men calling each other names.

Sitting 3 meters apart, the two came close to a scuffle at one point before people around them intervened. The meeting, which was open to the media, last just 10 minutes, far shorter than originally planned.

During the meeting, Hashimoto said: “Don’t make statements looking at ethnic groups and nationalities as if they are all the same. In Osaka, we don’t need guys like you who are racists.”

The meeting took place at the request of Zaitokukai, which describes itself as a group of citizens who do not tolerate privileges for Korean residents of Japan.

In a ruling in July, the Osaka High Court determined that rallies staged by the group near a pro-Pyongyang Korean school amounted to racial discrimination.

Lee Sin Hae, a journalist and Korean resident of Japan, said after watching the face-off between Hashimoto and Sakurai that she didn’t want people to get the impression that there is no difference between the two just because they both resorted to using abusive language.

“Zaitokukai is still campaigning in the streets. I want the mayor to actually go to places to see that terrible things are happening,” said Lee, who is suing Zaitokukai over online abuse.
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I don’t think this article really captures the event well. See it for yourself on YouTube (courtesy MS):

FULL VERSION (which captures the flavor of Sakurai bullying and berating the press at the very beginning):
橋下市長 在特会・桜井誠会長と面談 2014-10-20 フルバージョン
https://www.youtube.com/watch?v=KxL383jN484

SHORT VERSION (excellent for capturing the register of the language:  bully vs. bully):
橋下徹vs在特会・桜井誠 【全】10/20
https://www.youtube.com/watch?v=ACRxHAC-tyg

SAKURAI’S FOLLOW-UP (also instructive for showing just how little substance he actually has behind his argumentation):
在特会桜井誠 橋下徹市長との対談後の感想
https://www.youtube.com/watch?v=6dMHEpoMruA

COMMENT:  A journalist friend whom I highly respect had this to say about the event:

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

I’m sure some people will view this showdown between Osaka mayor Toru Hashimoto and Makoto Sakurai, leader of Japan’s hate speech movement, as high drama, but it struck me as pathetic. Sakurai struts in front of the media, telling NHK and the Mainichi that they “hate Japan”, then sits fanning himself waiting at what looks like a school desk for Hashimoto. They get into a shouting match at roughly the same level as my three-year-old. Hashimoto has been praised for facing down Sakurai but he made a mistake: he should never have sat in the same room as this pathetic schoolyard bully.

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

I think it’s more significant than mere high drama.  I think it is a very necessary smackdown of a person who has spent his whole life taking advantage of Japan’s weakness towards bullies, cringing before loud voices and verbal abuse.  A person like Sakurai should have been socked a few times in the schoolyard for this behavior long before he ever reached adulthood (looking at him, I doubt he’s ever really taken a punch, despite all his protestations about the lack of “manliness” in the Hashimoto exchange).  A dork like this, full of sociopathic hangups who goes through life this perpetually unchallenged, can grow this big.

Sakurai is a bully.  I was raised by a bully for a stepfather, and I personally have learned that you never show a bully any weakness during confrontation.  And you inevitably must stand up to them as I believe Hashimoto did.  People will be confused about what it all means (as the Kyodo article above certainly was), but I have to admit this is the second time (here is the first) that I have respected one of Hashimoto’s actions.  He was clearly telling this oaf that he should not generalize about a whole minority, and that his discriminatory actions are not welcome in his city.  And he did it in the same register as he was being addressed.  Good.  Fire with fire.

Bureaucrats who have spent their lives behind desks and never entered a fray like this have glass jaws in a verbal debate arena.  My experience watching the Foreign Ministry in 2007 unable to handle Right-Wing bullyboys during a human-rights hearing is a prime example.  It is time even public officials learned to use the register of fighting words, as Hashimoto did.  Otherwise the fighters will dominate the dialog by drowning everyone else out.  Dr. ARUDOU, Debito

UPDATE OCTOBER 23, 2014:

Oh oh. Osaka Mayor Hashimoto has just come out, according to J-Cast.com, in favor of making the Regular and Special Permanent Residents into one unified category. Meaning he buys into the Zaitokukai’s core (surface) argument that the Zainichis should not have “special privileges” (as opposed to earned rights, thanks to their historical contributions to the Japanese Empire and their aberrational status as generational foreigners). Courtesy of MS.

Now it’s time for me to make some qualifications.  As others have said, I now agree that what Hashimoto did was a publicity stunt, to make himself look like the “softer side” of Japan’s exclusionary nationalism.  I will stand by my statement that his proclaiming that hate speech of the Zaitokukai ilk as wrong and unwelcome, and his demonstrating how and why hate speech should be fought against, are positive steps.  But this statement that the Zainichi should simply be made invisible, after all that has happened between Japan and Korea historically, is not positive.  As the headline below questions, would this make the hate speech disappear?  I say no.  People don’t hate certain foreigners because they have special privileges.  That’s just a ruse.  They hate foreigners because they are racist xenophobes.

橋下徹「在日の特別永住者制度を見直す」 これでヘイトスピーチも差別もなくなる?
2014/10/22 19:48 J-Cast News
http://www.j-cast.com/2014/10/22219051.html?p=all

在日韓国・朝鮮人らの特別永住者制度について、維新の党共同代表で大阪市長の橋下徹氏が、見直して一般永住者制度への一本化を目指す考えを示した。特別扱いしなくなれば、ヘイトスピーチも差別もなくなるのではないかというのだ。
「在日特権を許さない市民の会」会長との罵り合いになった面談で、橋下徹氏は、「文句があるなら、国会議員に言え」との発言を繰り返した。その国会議員を抱える政党代表を意識してか、橋下氏は、面談翌日の2014年10月21日、在特会の主張を受けたかのような発言をした。
「ほかの外国人と同じように制度を一本化していく必要がある」
在日韓国人らについて、「特別扱いすることは、かえって差別を生む」と記者団に答え、在特会のヘイトスピーチで標的の1つになっている特別永住者制度を問題視したのだ。報道によると、橋下氏は、ほかの外国人と同じように制度を一本化していく必要があるとの考えを示した。つまり、特別永住者制度を止めて、一般永住者制度だけにするということだ。

Rest of the article below in the Comments Section.

Debito receives his Ph.D. Sept. 18, 2014, at Meiji Gakuin University ceremony. Photo included.

mytest

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Hi Blog.  I’m very happy to announce that yesterday I formally received my Ph.D. in International Studies from Meiji Gakuin University in a ceremony on their Shirogane Campus. DebitoDiploma091814Dr. ARUDOU, Debito

 

SCMP (Hong Kong) on MOFA Hague Pamphlet: “‘Racist’ cartoon issued by Japanese ministry angers rights activists”, cites Debito.org (UPDATE: Also makes Huffington Post Japan in Japanese & Al Jazeera)

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Hi Blog.  I am happy to say that our last Debito.org blog post generated another news article.  Thanks very much to Julian for drawing attention to the issue.  Dr. ARUDOU, Debito

UPDATE, courtesy of Debito.org Reader Oliver:  The pamphlet can be found on the MOFA website, so it is genuine. PDF is here:

http://www.mofa.go.jp/mofaj/files/000033409.pdf
(link from this page: http://www.mofa.go.jp/mofaj/gaiko/hague/index.html)

And there is even an English language version!

http://www.mofa.go.jp/files/000034153.pdf
(link from this page: http://www.mofa.go.jp/fp/hr_ha/page22e_000249.html)

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

‘Racist’ cartoon issued by Japanese ministry angers rights activists
Pamphlet issued by Tokyo to Japan’s embassies in response to Hague convention is criticised for depicting a foreign man beating his child

PUBLISHED : Tuesday, 16 September, 2014, 11:14pm
UPDATED : Wednesday, 17 September, 2014, 1:44am
South China Morning Post (Hong Kong,), by Julian Ryall in Tokyo
Courtesy http://www.scmp.com/news/asia/article/1594102/racist-cartoon-issued-japanese-ministry-angers-rights-activists
p1
The cartoon showing a white man beating his child has drawn condemnation from human rights activists.

Human rights activists in Japan have reacted angrily to a new pamphlet released by the Ministry of Foreign Affairs that they claim is racist and stereotypical for depicting Caucasian fathers beating their children.

The 11-page leaflet has been sent to Japanese embassies and consulates around the world in response to the Hague Convention on the Civil Aspects of International Child Abduction going into effect in Japan on April 1.

Tokyo dragged its feet on ratifying the treaty, which broadly stipulates that a child should be returned to his or her country of habitual residence when they have been taken out of that country by a parent but without the consent of the other parent.

But manga-style images of foreign fathers beating children and Japanese women portrayed as innocent victims have raised the hackles of campaigners, both those fighting discrimination against foreigners and non-Japanese who have been unable to see children who have been abducted by Japanese former spouses.

“It’s the same problem with any negotiations in which Japan looks like it has been beaten,” said Debito Arudou, a naturalised Japanese citizen who was born in the United States and has become a leading human rights activist.

“After being forced to give up a degree of power by signing the Hague treaty, they have to show that they have not lost face and they try to turn the narrative around,” he said. “It’s the same as in the debate over whaling.

“The Japanese always see themselves as the victims, and in this case, the narrative is that Japanese women are being abused and that the big, bad world is constantly trying to take advantage of them.”

Arudou is particularly incensed by the cover of the publication, which shows a blond-haired foreigner hitting a little girl, a foreign father taking a child from a sobbing Japanese mother and another Japanese female apparently ostracised by big-nosed foreign women.

“It is promoting the image that the outside world is against Japanese and the only place they will get a fair deal is in Japan,” said Arudou.

The rest of the pamphlet takes the form of a conversation between a cartoon character father and son, but with the storyline showing the difficulties of a Japanese woman living abroad with her half-Japanese son.

Arudou says the publication then “degenerates into the childish” with the appearance of an animated doll that is the father figure’s pride and joy, but also dispenses advice.

“As well as promoting all these stereotypes, why are they not talking about visitation issues for foreigners whose half-Japanese children have been abducted by their ex-wives?” asked Arudou.

Several foreigners who have been unable to see their children for years have already contacted Arudou to express their anger, with a number of US nationals saying they would pass the document onto lawmakers.

Arudou’s post on the issue on his website has also attracted attention, with commentators describing the pamphlet as “racist propaganda”.

“This is disgusting,” one commentator posted. “Pictures are powerful, more powerful than words. And the only time I’ve ever seen anything remotely like this is when I did a search for old anti-Japanese propaganda.

“Of course, that was disgusting too, but it was wartime!”

Another added, “What a pathetic advert for an ‘advanced’ country.

“As for the text – not wasting any more bandwidth on such utter racist, xenophobic, patronising, paranoid nonsense.”
ENDS

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

UPDATE SEPT. 19: THIS SCMP ARTICLE PRODUCED AN ARTICLE IN HUFFINGTON POST JAPAN:

外務省作成の「ハーグ条約」小冊子は人種差別 人権活動家が指摘
The Huffington Post
投稿日: 2014年09月17日 16時34分 JST 更新: 2014年09月19日 14時17分 JST PAMPHLET WHAT IS THE HAGUE CONVENTION
Courtesy http://www.huffingtonpost.jp/2014/09/17/pamphlet-of-the-hague-convention-mof_n_5833674.html

国外に連れ出された子供の扱いを定めた「ハーグ条約」について、外務省が作成した小冊子に人権侵害にあたる内容が含まれているのではないか、という指摘が出ている。

指摘しているのは、人権活動家の有道出人(あるどう・でびと)さん。アメリカ出身の日本国籍取得者だ。有道さんは「ハーグ条約ってなんだろう?」という外務省が作成した小冊子について、子供や無実の日本女性に暴力をふるう外国人のイラストは、嫌悪感を抱かせる内容となっていると分析。日本人のかつての配偶者によって子供を連れ去られ、子供に会うことができないでいる外国人もいるとして、小冊子のあり方に疑問を呈しているという。香港の英字紙・サウス・チャイナ・モーニング・ポストが報じた。

有道さんは特に、小冊子の表紙のイラストに怒りを覚えるという。そこには、小さな女の子を叩いている外国人のイラストや、ブロンドヘアの外国人男性がすすり泣く日本人女性の母親から子供を連れ去るイラストなどが描かれている。有道さんは「このような内容は、日本だけが公正な話し合いができる場所で、世界は違うというようなイメージを植え付ける」と話す。(中略)

「これらの固定観念のイラストばかりでなく、なぜ、元妻に連れ去られた子供と会うための外国人の権利について書かないのか」と有道さんは指摘した。

(サウスチャイナ·モーニング·ポスト「’Racist’ cartoon issued by Japanese ministry angers rights activists」より 2014/09/16 23:14)
pamphlet what is the hague convention

ハーグ条約は夫婦のどちらかによって国外に連れ出された子供の扱いを定める多国間条約で、日本は2014年4月から条約加盟国となり、合わせて小冊子もつくられた。

日本はハーグ条約への加盟が遅く、海外から批判を浴びていた。特にアメリカからの圧力は強く、2010年にはアメリカ下院本会議が日本への連れ去りを「拉致」と非難する決議を採択した。ハーグ条約の適用を受けた2014年4月には、元配偶者らが日本に連れ帰った子供との面会を求める親が、アメリカでは少なくとも約200人に上ったという。

有道さんは自身のブログで、この小冊子の中に、外国人が子供にDVを行っているイラストが複数あることや、外国人が日本人に冷たいことを明示するイラストも使用されていると述べている。

pamphlet what is the hague convention

pamphlet what is the hague convention

pamphlet what is the hague convention

これらの有道さんの指摘について外務省領事局の担当者は、現在のところ外務省は同様の指摘を受けてはないとハフポスト日本版の電話取材に回答。また、「小冊子を見ていただければ分かると思うが、人種差別的な内容を意図して作成したものではない」として、画像の変更等を行う予定はないと述べた。

なお、この小冊子は日本語版だけでなく英語版もつくられているが、日本語版と同様のイラストや文章が使われている。
ENDS

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

UPDATE SEPTEMBER 30:  ALSO MAKES AL JAZEERA:

http://stream.aljazeera.com/story/201409181245-0024160

Al Jazeera.com, September 18, 2014

Japanese ministry’s child abduction pamphlet shows white father hitting child

Rights activists criticise cartoon from Japanese Ministry of Foreign Affairs after country signs child abduction convention.

Screenshot of Japanese Foreign Ministry publication. MOFA JAPAN.

A Japanese Foreign Ministry pamphlet depicting white fathers abusing children has drawn criticism from human rights activists who say it perpetuates(link is external) racist stereotypes.

The pamphlet(link is external) reportedly was sent to Japanese embassies and consulates to explain the implications of the Hague Convention on the Civil Aspects of International Child Abduction. The booklet features manga-style cartoons and is also available in English via the ministry’s website.
 
Japan’s years of refusal(link is external) to sign the Hague Convention drew significant pressure from critics in the US and Europe, who argued(link is external) that Japan had become a “safe haven” for parental child abductors…

Read the rest at http://stream.aljazeera.com/story/201409181245-0024160

UN: Committee on the Elimination of Racial Discrimination considers report of Japan 2014: Little progress made

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Hi Blog.  Two posts ago I talked about the UN’s most recent report on Japan’s human rights record (and how there seems to have been almost no progress made).  Well, also interesting is the public record of the give-and-take between UN officials and Japan’s mission to the UN.  That’s below.  It offers a glimpse of the mindsets of Japan’s representatives, and how they will defend Japan’s status quo no matter what.  The parts that are germane to Debito.org are bolded up, so have a read.  This is probably a glimpse as to what courses the GOJ will (not) take regarding human rights issues in future.

BTW,  If you want to see how much has not changed (these UN reviews happen every two years), get a load of what happened last time Japan faced the music in the UN regarding its human rights record, back in 2010.  The GOJ even claimed Japan was taking “every conceivable measure” to eliminate racial discrimination back in 2008 (yeah, except for an actual law against racial discrimination, unrequited since 1996!).  Debito.org’s archives and analysis go back even farther, so click here.  And when everyone by now realizes that Japan’s human-rights efforts are a joke (seriously, back in 2013), the Japanese representative will angrily shout to the audience, “Why are you laughing?  SHUT UP!  SHUT UP!”  This is not a joke.  Dr. ARUDOU, Debito

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

Committee on the Elimination of Racial Discrimination considers report of Japan
UN OHCHR 21 August 2014, courtesy of LK
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=14957&LangID=E

The Committee on the Elimination of Racial Discrimination today completed its consideration of the combined seventh to ninth periodic report of Japan on its implementation of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.

Presenting the report, Akira Kono, Ambassador to the United Nations at the Ministry of Foreign Affairs, said Japan was actively working on measures to establish a comprehensive policy to ensure the respect of the human rights of the Ainu people, focusing on the Symbolic Space for Ethnic Harmony. Refugee recognition procedures had been reformed, and Japan strictly practiced the principle of non-refoulement. A nationwide campaign called “Respect the rights of foreign nationals” sought to eliminate prejudice and discrimination against foreigners. In 2020 Japan would host the Olympic and Paralympic Games in Tokyo, and in the spirit of the Olympic Charter’s anti-discrimination principles, Japan continued to work to eliminate all forms of discrimination.

During the discussion, issues raised by Committee Experts included the prevalence of racist hate speech in Japan and the lack of anti-discrimination legislation, the situation of Ainu indigenous people and recognition of the people of Okinawa, and remedies for the victims of sexual slavery during World War II (so-called ‘comfort women’). The exploitation of foreign technical interns, the withdrawal of funding for Korean schools in Japan and reports of systematic surveillance of Muslims in Japan were other issues raised.

In concluding remarks Anwar Kemal, Committee Member acting as Country Rapporteur for the report of Japan, said Japan had a democratic constitution and therefore should be able to adopt a comprehensive anti-discrimination law. It should be able to tackle racist hate speech without impeding upon the right to free speech and should install a national human rights institution without delay. It also needed to improve its protection of the rights of Korean, Chinese and Muslim minority groups in the country.

Mr. Kono, in concluding remarks, said Japan would continue to make tireless efforts to improve the human rights situation without permitting any form of discrimination, including racial or ethnic, and would engage in further cooperation with the international community to that end.

The delegation of Japan included representatives of the Ministry of Foreign Affairs, Comprehensive Ainu Policy Office, Ministry of Justice, Human Rights Bureau, Immigration Bureau, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, National Police Agency and the Permanent Mission of Japan to the United Nations Office at Geneva.

The next public meeting of the Committee will take place at 3 p.m. this afternoon when it will begin its review of the combined tenth and eleventh periodic report of Estonia.
Report

The Committee is reviewing the combined seventh to ninth periodic report of Japan: CERD/C/JPN/7-9.

Presentation of the Report

AKIRA KONO, Ambassador to the United Nations at the Ministry of Foreign Affairs of Japan, explained some of the major steps that the Government of Japan had taken towards the implementation of the Convention. Japan was actively working on measures to establish a comprehensive policy to ensure the respect of the human rights of the Ainu people. The focus of the efforts was the Symbolic Space for Ethnic Harmony, the opening of which was timed to coincide with the 2020 Tokyo Olympic and Paralympic Games. The space would be a symbol of Japan’s future as a society that respected harmony with diverse and rich cultures and different ethnic groups, while respecting the dignity of the Ainu people, who were indigenous to Japan, and dealing with the problems faced by Ainu culture.

Refugee recognition procedures were carried out in accordance with Japan’s refugee recognition system which took effect in January 1982, and a refugee examination counsellor system was established to enhance the system’s neutrality and fairness. Japan strictly practiced the principle of non-refoulement. The standard processing period for refugee applications was set at six months, and procedures were expedited by an increase in the number of refugee examination counsellors from 19 to 80. Pamphlets available in 14 languages offered guidance concerning procedures which were available at regional immigration bureaus and on the internet. User-friendly procedures for applications had been adopted, including the use of an interpreter in the desired language of the applicant.

Under its framework for resettlement of refugees Japan had accepted 63 Myanmarese refugees who had been sheltered at a refugee camp in Thailand, aiming to make an international contribution and provide humanitarian assistance. [NB:  These refugees refused to come to Japan.] Furthermore, Myanmarese refugees temporarily staying in Malaysia had been made eligible for acceptance, as well as family members of refugees Japan had accepted in the past who were currently in Thailand. The Government strove to support the steady acceptance and local integration of resettled refugees through measures, including guidance on daily life, Japanese language training and employment placement.

The Government emphasized the importance of human rights education and awareness-raising based on the concept of mutual respect for human rights with a correct understanding not only of one’s own human rights but of the rights of others, as well as awareness of the responsibilities that included the exercise of rights. There were awareness-raising activities nationwide, including lectures and distribution of literature under the slogan “Respect the rights of foreign nationals”, to eliminate prejudice and discrimination against that group. The Human Rights Organs of the Ministry of Justice had established Human Rights Counselling Offices for foreign nationals, which offered interpretation in English, Chinese and other languages. The organs could also investigate complaints of rights infringements and take the appropriate measures.

Japan would host the 2020 Olympic and Paralympic Games in Tokyo, which would be a festive occasion for the whole of Japan, from Hokkaido, where the Ainu people lived, all the way to Okinawa. The Fundamental Principles of the Olympic Charter stipulated that ‘any form of discrimination with regard to a country or a person on the grounds of race, religion, politics, gender or otherwise was incompatible with belonging to the Olympic movement’. In light of the spirit of the constitution of Japan and the Olympic Charter, Japan would continue to work tirelessly to improve its human rights situation and not permit any form of discrimination, including on the basis of race or ethnicity.

OSAMU YAMANAKA, Director, Human Rights and Humanitarian Affairs Division at the Ministry of Foreign Affairs of Japan, gave in-depth oral answers to the list of issues submitted by the Committee prior to today’s review. Mr. Yamanaka spoke about anti-discrimination related domestic laws, and confirmed that discrimination on the basis of race was prohibited in Article 14 of the constitution, as well as in relevant laws and regulations including in the fields of employment, education, medical care and transport. The dissemination and expression of racist thought could constitute a crime of defamation and other crimes under the Penal Code in certain cases, while a racially discriminatory act constituted a tort under the Civil Code. The Government was making efforts to implement the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders which limited the liability of a provider in cases, for example, where information on the Internet infringed the rights of others.

Mr. Yamanaka briefed the Committee on activities to promote human rights education, such as training programmes for teachers, judges, officials, probation officers and members of the police force, among others. He described efforts to eliminate discrimination against the Burakumin, as well as discrimination in the fields of employment, in the selection of tenants for rental housing and in social education.

Regarding indigenous peoples, Mr. Yamanaka said the Government of Japan only recognized the Ainu people as indigenous, and that people living in Okinawa Prefecture or born in Okinawa were not subject to ‘racial discrimination’ as provided for in the Convention, but would discuss the issue further during the dialogue. Since Okinawa’s reversion to Japanese administration in May 1972 the Government had implemented various measures which had resulted in the gap with the mainland being reduced, especially in the field of social capital development.

Concerning the Ainu indigenous people, Mr. Yamanaka said the Government aimed to promote public understanding through education and awareness-raising, develop the Symbolic Space for Ethnic Harmony, promote research concerning the Ainu people, promote Ainu culture including the Ainu language, promote the effective use of land and resources, and promote business as well as measures to improve livelihoods.

Turning to people of non-Japanese nationality, such as immigrants, Mr. Yamanaka also highlighted the ‘Respect the rights of foreign nationals’ campaign which aimed to eliminate prejudice and discrimination against foreign nationals. He also neither confirmed that refusing accommodation in a hotel solely on the grounds that the person was of a specific race or ethnicity was nor [sic] permitted under the Inns and Hotels Act. The Government supported efforts to increase the number of hotels and Japanese inns registered under that Act, so foreign tourists could stay with peace of mind.

Government actions to combat trafficking in persons were also described, as was the application procedure for asylum seekers, the treatment of detainees and the objection system regarding immigration procedures and deportation.

Questions by the Country Rapporteur

ANWAR KEMAL, Committee Member acting as Country Rapporteur for the Report of Japan, said on a positive note Japan had many of the attributes of a great country with an ancient sophisticated culture. It had not hesitated to share its wealth and technical know-how with developing countries. Since the end of the Second World War, it had established a democratic constitution with a wide range of provisions to protect human rights and fundamental freedoms. However, under the Convention State parties were required to enact legislation specifically to combat racial discrimination. Article 14 of the Japanese constitution prohibited racial discrimination but did not cover all five grounds for discrimination listed in the Convention. Comprehensive anti-discrimination legislation was therefore needed.

Turning to other positive measures Mr. Kemal said the State party had made progress in several areas, for example it had consulted members of civil society for the report, albeit to a limited extent. More importantly, it had taken a number of measures to address the problems faced by the Ainu indigenous people and had taken special measures to uplift the standards of living of the people of the Ryukus. It had also provided training and orientation sessions to public officials to sensitize them about the problems faced by minorities in Japan.

The Committee was concerned about the continued incidence of explicit racist statements and actions against groups, including children attending Korean schools, and the harmful and racist expressions and attacks via the Internet, particularly against the Burakumin. Japan would be aware of the Committee’s latest general recommendation on racist hate speech, in which it made it clear that freedom of speech was not absolute and did not permit individuals or organizations licence to demonize vulnerable groups. Human Rights Council members had drawn attention to more than 360 cases of racist demonstrations and speeches in Japan since 2013. What actions was Japan taking to curb hate speech, including from public officials? Was victimization of vulnerable groups against Japanese culture? If so, firm action by the State party could be justified, said Mr. Kemal. In addressing acts of injustice it was sometimes necessary to confront and punish wrong-doers, and Japanese history had many such examples.

In 2010 the Committee requested Japan to ensure equal treatment between Japanese and non-Japanese in the rights of access to places and services intended for use by the general public, such as restaurants, bathhouses and hotels. However, the Human Rights Committee last month in Geneva concluded that Japanese and non-Japanese were not treated equally, and there were many signs displayed in such public facilities stating that access was only for the Japanese. Could the State party please comment?

The exploitation of interns, or apprentices from overseas countries under a Government programme was an issue raised by civil society. They were reportedly not taught any technical skills but were used as cheap manual labour, working long hours and being mistreated. Japan had negative growth ? its population was shrinking. Perhaps it would be better to have a proper immigration programme to get workers into the country, rather than using the ‘intern’ programme which was discriminatory, commented Mr. Kemal.

Outlining other areas of concern, Mr. Kemal said the Committee’s last set of concluding observations to the State party in 2010 referred to discrimination against the Burakumin. However, the State party omitted reference to the Baraku problem in its latest report. Civil society reported that although the living conditions of the Baraku had improved over recent years, thanks to special measures, the gap in the standard of living between Baraku and the majority remained wide, and social discrimination continued to be a troubling problem.

While Japan was maintaining its commitment to establish a national human rights institution compliant with the Paris Principles, progress was painfully slow, in particular since November 2013. All the treaty bodies, including this one, would be highly satisfied the day Japan enacted the appropriate legislation to meet this commitment.

In 2010 the Committee recommended that Japan adopt an approach where the identity of non-Japanese nationals seeking naturalization was respected, and that official application forms and publications dealing with the naturalization process refrain from using language that persuaded applicants to adopt Japanese names for fear of discrimination. The report was silent on that matter.

Mr. Kemal also asked what the State party was doing to address the phenomenon of double discrimination, in particular regarding women and children from vulnerable groups.

Japan had made limited progress towards implementing the United Nations Declaration on the Rights of Indigenous Peoples, and had also been urged to consider ratifying the International Labour Organization Convention 169 on indigenous and tribal peoples in independent countries. Mr. Kemal noted that UNESCO had recognized the number of Ryukyu languages as well as the Okinawans’ unique ethnicity, culture and traditions. Had Japan been engaging in consultations with Okinawan representatives?

Efforts made by the State party to facilitate education for minority groups were noted with appreciation by the Committee, yet still there was a lack of adequate opportunities for Ainu children or children of other national groups to receive instruction in their language. Similarly, complaints had been made that the State party had stopped funding Korean schools, despite it guaranteeing the right for children of Korean residents in Japan to learn their native language and culture.

Questions by the Experts

Japan tended to get a poor press in human rights battles due to films and stories about the Second World War, commented an Expert, but it was not forgotten that it was one of the most advanced philosophies and had inspired many peoples in Asia in the fight against colonialism. Japan obviously had an advanced infrastructure for the promotion and protection of human rights and had made good progress. Nevertheless, there was a streak of insularity in the Japanese nature and immigrant communities frequently faced discrimination.

Civil society representatives showed the Committee a very disturbing video about racist hate speech targeting Korean residents in Japan, said an Expert. He gathered the Prime Minister of Japan agreed, as per his statement last month that Japan must take measures to combat racist hate speech. To what extent had senior officials condemned the sort of racist hate speech seen in that video?

There was a serious problem of racial discrimination in Japan, said an Expert. Some extreme right organizations and individuals claimed they had Japanese superiority. Some even had deep-rooted colonial concepts, he said. They were xenophobic; they degraded, harassed and provoked foreigners wantonly and sometimes even perpetrated violent acts against them. They used the newspapers, internet, TV and other media to spread their racist hate speech. The extreme right groups held demonstrations, even flying Japanese military flags used during the Second World War in order to revive militarism. They went unpunished by the authorities, and so became increasingly wanton in their practices. Their victims had no access to justice, and the police ignored their complaints.

Some senior politicians, including cabinet ministers, had made racist statements which sought to mislead the people of Japan and distort history. They also spread the so-called ‘theory of China threat’. That was because Japan had no special law against discrimination and no national human rights institution in line with the Paris Principles.

The Ainu and seven other languages and dialects were threatened, said an Expert. Happily, measures had been taken to reinvigorate the Ainu language and now many people spoke it, but what had been done for the other languages? The Ainu were recognized as indigenous peoples and had access to their ancestral land, at least on Hokkaido. Could the delegation speak more about their land rights?

What about the repatriation of former Japanese emigrants back to Japan? An Expert asked about a case of Japanese people who moved to Brazil before moving back to Japan, and how they were welcomed and integrated back home.

The issue of sexual slavery, known as ‘comfort women’ dating back to World War II was an ongoing violation. Almost 90 per cent of the women ? who were mostly from minority groups ? had by now passed away, but the Government continued to deny they were sex slaves, rather asserting that they were wartime prostitutes. That caused untold agony for those women; they and their families deserved recognition of their victim status and reparations. The Expert also asked about discrimination against women, particularly women from minority groups, and whether Japan would consider taking affirmative action.

What was the State party’s understanding of race, as scientifically, races did not exist: all humans belonged to the same race, said an Expert. What was covered by Japan’s definition of race and was it only limited to citizens of Japan?

Exactly how many Koreans were resident in Japan, asked an Expert, commenting that the approximate half a million Koreans in Japan appeared to bear the brunt of racial discrimination. What were the reasons for the discriminatory treatment, he asked, was it due to differences in culture or in language? Many non-Japanese people felt they had to change their names into Japanese names in order to avoid discrimination. They were not treated equally to other Japanese, added an Expert, and were not allowed to hold public sector positions.

The ending of the waiver programme for Korean schools and subsidies for school fees was not only a major concern, in depriving many children from adequate education, but a symbol of wider discrimination. Furthermore, the restrictions on uniforms for Korean students, which hampered their self-identity, were another issue.

Response by the Delegation

On education, a delegate said children of foreign nationals could attend public schools in Japan for free, and the Government was making efforts to establish a system which guaranteed opportunities for children of Korean residents in Japan to learn their native language and culture and to promote international understanding among Japanese children. However, most Korean residents who did not wish to attend Japanese schools attended Korean schools established in Japan.

Regarding the withdrawal of tuition support of children attending Korean schools in Japan, a delegate explained that it had become apparent that the Korean schools did not meet the requirements to receive the tuition funding, therefore, the funding had been withdrawn. One reason was that the schools had a close relationship with an organization related to the Democratic People’s Republic of Korea, and as the schools could not prove their independence they no longer benefitted from the Public School Tuition Fee Support Fund. If the schools could demonstrate their independence or when diplomatic relations of Japan and Democratic People’s Republic of Korea were restored then the Government would re-evaluate whether the schools could benefit from the Support Fund once again. Korean schools were recognized by prefectural governorates as “miscellaneous schools” as were other international schools, for example British or Chinese, and were not discriminated against.

On hate speech and incitement to racial discrimination, a delegate said any expression of hate ? insult, defamation, intimidation, and obstruction of justice ? was a crime that could be invoked under the Criminal Code of Japan. He referred to the video mentioned by Committee members as well as allegations that the police attended xenophobic demonstrations to protect the demonstrators from anti-racism campaigners. A delegate from the National Police Agency said they provided security at those demonstrations in an impartial way, not to protect the demonstrators but to protect public security in general.

In June this year Prime Minister Abe said hate speech was damaging Japan’s pride within the international community and that the issue should be and would be dealt with squarely. He called upon his party to deal with the issue, reported a delegate. Support was given to victims of hate speech and other human rights violations by the Japan Legal Support Centre which had offices throughout the country. The offices provided support programmes for financially distressed people such as free legal aid or temporary payments to lawyers.

The objective of “technical internships” for foreign nationals was to transfer the skills, techniques and knowledge of Japan to foreign nationals in order to contribute to the human resources development of developing countries. There had been instances of misconduct by the receiving organizations and reports of non-payment of wages and long working hours. Consequently in June 2014 Japan revised its strategy and started a ‘drastic inter-agency review’ of the system. Government agreements with sending nations were also reviewed. The ‘drastic review’ would be completed by the end of 2014, and in 2015 a new surveillance system and operational institution would be implemented.

Japan’s position on the ‘comfort women’ issue was that it did not meet the definition of racial discrimination defined in the Convention, and was not relevant to the Committee. Furthermore, Japan opposed the term ‘sexual slavery’ which it found inappropriate. However, the Government wished to sincerely and honestly respond to the Committee’s concern, said a delegate, and so it would explain measures taken for the ‘comfort women’.

In the past Japan caused tremendous damage and suffering to many countries, particularly Asian women, said a delegate. The Government, squarely facing those historical facts, expressed its deep remorse and heartfelt apology, and feelings of sincere mourning for all victims of World War II, both at home and abroad. Prime Minister Abe had said publicly that he was deeply pained to think of the ‘comfort women’ who experienced immeasurable pain and suffering beyond description, as had previous Prime Ministers of Japan. The Prime Minister had also written letters of apology to the women (copies of the letter were shared with the Committee).

Compensation had been dealt with through the San Francisco Peace Treaty, bilateral agreements and other treaties, and legally speaking the settlement had clearly been made. However, recognizing that the ‘comfort women’ issue was a grave affront to the honour and dignity of a large number of women, the Government and people of Japan had established the Asian Women’s Fund in 1995, to extend atonement from the Japanese people to the former ‘comfort women’ in the form of money donated by the people of Japan, for women from the Republic of Korea, the Philippines, Indonesia and Taiwan, as identified by their Governments. Additionally, the Asian Women’s Fund paid for medical and psychological care, welfare support and even welfare projects such as those in the Netherlands for women who suffered incurable psychological or physical damage during World War II. The Asian Women’s Fund was disbanded in March 2007 but the Government continued to implement follow-up activities.

Regarding reports that foreign nationals were refused access into some hotels, a delegate said the Inns and Hotels Act prohibited the refusal of access to a foreign national solely on the grounds of their race or ethnicity. Additionally, the Development of Hotels for In-Bound Tourists Act served to improve hotel accommodation for tourists. Complaints about discrimination by hotels, and other public facilities such as restaurants, public areas or public transport could be made under the Act on the Optimization and Promotion of Public Facilities.

The Advisory Council for Future Ainu Policy made policy recommendations to the Government in line with the United Nations Declaration on the Rights of Indigenous Peoples, which Japan voted for. Japan believed the exercise of the indigenous Ainu’s rights in accordance with the Declaration should only be restrained when their rights impeded upon the rights and best interests of the wider Japanese public. Ainu representatives accounted for one-third or more of the members of the Advisory Council, the delegate added.

Regarding Ainu indigenous people who did not live on the island of Hokkaido, a delegate referred to a 2008 resolution adopted unanimously by the Parliament which demanded recognition of the Ainu people as indigenous. The declaration found that the Ainu people had lived mostly in the north of Japan’s archipelago, particularly on the island of Hokkaido, and had their own unique language of culture. Ainu people living in other areas were surveyed to learn about their living conditions, he added.

The Symbolic Space for Ethnic Harmony would open in 2020, to coincide with the Olympic and Paralympic Games. The Space would feature museums, traditional Ainu houses and handcraft studios where people could learn about the Ainu people’s world view, especially of the natural world. The space would serve as the National Centre for the Restoration of Ainu Culture. Efforts to promote Ainu language and culture across Japan were described by a delegate who also said although it was not envisaged to use Ainu in the classrooms of all schools, in many schools attended by Ainu students children did have the opportunity to study the language and culture of Ainu.

The value of the people of Okinawa was recognized and their rights were guaranteed. Their valuable culture and traditions were promoted and preserved within the law. Following the reversion of Okinawa to Japan in May 1937 the Okinawa Promotion Plan and related Act were adopted to guide measures to develop Okinawa’s social infrastructure. As a result, the gap between Okinawa and the mainland was narrowing and steady improvement was being seen.

The Government recognized trafficking in persons as a serious human rights infringement and treated it as such. In 2004 it launched the Action Plan of Measures to Combat Trafficking in Persons, and since then the number of victims had decreased annually to around 20 to 30 per year. Compensation was paid, with coordination from the International Organization of Migration, to support victims.

A delegate said it was a nationally accepted principle that public officials with national power to make public decisions had to have Japanese nationality. That was not unreasonable. There were many jobs in the civil service where persons without Japanese nationality were employed, such as laboratories and research institutions. Furthermore, other professions, such as nursing, were open to non-Japanese nationals.

Regarding refugees and asylum seekers, a delegate said they should not be sent back to their original countries if they faced any risk to their person on their return. The delegate spoke about the refugee application process, and said even if an applicant for refugee status did not receive it, they could still apply for residency in Japan even without humanitarian consideration. Although in some cases they would be deported, Japan did not return people to certain countries, as per the Refugee Convention and the Convention on Enforced Disappearances.

Concerning social welfare for foreign nationals, a delegate said Japan’s social welfare system had undergone several changes, including deletion of the requirement that foreign nationals in Japan had to meet the same requirements as Japanese nationals, for example to benefit from the national pension system. Today foreign nationals were covered by the pension scheme. The Revised National Pension Act of 2012 further reduced the qualifying period from 25 to 10 years, starting in October 2015. Reports that individuals undergoing naturalization were encouraged to adopt Japanese names and characters were not true, said a delegate.

If a foreign national spouse was divorced from their Japanese spouse then he or she lost their status as a Japanese resident. However, that did not mean the person was automatically deprived of their residency status. They had to apply to the Government with details of their background, life in Japan and reasons for the divorce ? or death of their spouse. If the person had a child who needed to stay in Japan then the person would usually be given long-term resident status to stay in Japan. According to nationality law a child who had a Japanese father or mother at the time of birth would obtain Japanese nationality by birth, a delegate confirmed.

Human rights education was provided at developmentally appropriate levels in schools. Authorities, based upon the guidelines, sought to particularly support youth who had difficulties, as well as widows. Mother and Child Family support funds helped vulnerable families with subsidised childcare. The Basic Plan for Gender Equality adopted in 2010 further had provisions to support women suffering from discrimination. A delegate also spoke about the establishment of Human Rights Counselling Offices under the Legal Affairs Bureau, which investigated cases of suspected human rights infringements and provided remedies. The Bureau also ran telephone hotlines for women and children to report violations.

Japan was seriously considering lifting its reservation to Article 14 of the Convention, which related to individual communications. There were international treaties yet to be ratified by Japan, including International Labour Organization Conventions 111 and 169, on Migrant Workers Rights and on Domestic Workers, as well as the Convention on Stateless Persons, the Convention on the Reduction of Statelessness, and the Convention on Genocide. The Government recognized the ideals of those Conventions but had to carefully consider their consistency with Japanese law and the legislative efforts that would be required to accede to them.

Follow-Up Questions from the Experts

An Expert said a delegate had asserted that the Committee could raise questions about historical cases, even if they happened 100 years ago, if relevant to the Convention. The Expert believed the issues of ‘comfort women’ and land taken from indigenous peoples were relevant.

Was it correct that the Japanese Government did not recognize the existence of indigenous people on its island of Okinawa? What was being done to terminate or moderate the surveillance of Muslims, an Expert asked. An Expert said the Committee reserved its right to use the ‘sexual slavery’ terminology rather than ‘comfort women’, which was also used by the High Commissioner and the Human Rights Committee.

Response by the Delegation

A delegate responded to questions about alleged systematic monitoring of Muslims in Japan. He said if this was true, they were monitored not because of their religion but was simply as a matter of public security. A delegate from the National Police Agency added that details of information gathering activities to prevent future terrorism could not be disclosed, but noted that the police collected information according to the law.

Japan had its own view on Okinawa, said a delegate. Japan had many islands in its archipelago on many of which traditions with unique traits had been developed, as on Okinawa. Everybody in Japan had the right to enjoy their own culture, practice their own religion and speak their own language ? nobody was denied those rights. The Japanese recognized their rich culture and traditions and had a Plan of Action for the Promotion of Okinawa.

Statistically, in 2013 there were 3,349 people of Brazilian nationality entering Japan, and by the end of the year 181,268 of people with Brazilian nationality were living in Japan.

Concluding Remarks

ANWAR KEMAL, Committee Member acting as Country Rapporteur for the Report of Japan, said Japan was making progress in the implementation of the Convention. Japan had a democratic constitution and therefore should be able to adopt a comprehensive anti-discrimination law which would plug the gaps in the domestic legislation as recommended by the Committee five years ago. It should be able to tackle racist hate speech without impeding upon the right to free speech. It should install a national human rights institution without delay. And the State party should enact measures to bring the standard of living of the Ainu people, as well as the Ryukyu, up to that of the rest of the population without delay. Japan also needed to improve its protection of the rights of Korean, Chinese and Muslim minority groups in the country. He thanked the delegation for the productive dialogue.

AKIRA KONO, Ambassador to the United Nations at the Ministry of Foreign Affairs of Japan, thanked the Committee for the fruitful dialogue, for its comments and interest, and said the reviews were a valuable process that helped the Government improve its implementation of the Convention. Japan would continue to make tireless efforts to improve the human rights situation without permitting any form of discrimination, including racial or ethnic. The Government would engage in further cooperation with the international community to that end.

_______

For use of the information media; not an official record

United Nations demands Tokyo introduce anti-discrimination law to counter hate speech (HRC report CCPR/C/JPN/CO/6 text included in full, citing “Japanese Only” signs, thanks)

mytest

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Hi Blog.  Good news.  The United Nations has once again reviewed Japan’s human rights record (preliminary report below), and found it wanting.  Here’s the bit that has been cited in Japan’s news media (also below):

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Human Rights Committee
Concluding observations (2014) CCPR/C/JPN/CO/6
ADVANCE UNEDITED VERSION
Human Rights Committee
Concluding observations on the sixth periodic report of Japan (excerpt)

Hate speech and racial discrimination

12. The Committee expresses concern at the widespread racist discourse against members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and discrimination against them, and the insufficient protection granted against these acts in the criminal and civil code. The Committee also expresses concern at the high number of extremist demonstrations authorised, the harassment and violence perpetrated against minorities, including against foreign students, as well the open display in private establishments of signs such as “Japanese only” (arts. 2, 19, 20 and 27).

The State should prohibit all propaganda advocating racial superiority or hatred that incites to discrimination, hostility or violence, and should prohibit demonstrations that intended to disseminate such propaganda. The State party should also allocate sufficient resources for awareness-raising campaigns against racism and increase its efforts to ensure that judges, prosecutors and police officials are trained to be able to detect hate and racially motivated crimes. The State party should also take all necessary steps to prevent racist attacks and to ensure that the alleged perpetrators are thoroughly investigated and prosecuted and, if convicted, punished with appropriate sanctions.

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COMMENT:  As well as the hate-speech issue, happy to see the generally-overlooked aftermath of the Otaru Onsens Case and the information on Debito.org’s Rogues’ Gallery of Exclusionary Establishments is still being cited.  Keep the pressure on, UN.  The media reaction and the report in full follows, and there’s lots more important stuff (including issues of “Trainee” NJ slave-wage work, Japan’s historical wartime sexual slavery, abuses of police power, and even Fukushima irradiation!)  Dr. ARUDOU Debito

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U.N. committee calls on Tokyo to introduce anti-discrimination law to counter hate speech
Asahi Shinbun, August 22, 2014, By ICHIRO MATSUO/ Correspondent
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201408220041

GENEVA–A U.N. panel on racial discrimination has compiled a draft recommendation calling on Japan to introduce comprehensive anti-discrimination legislation to contain hate speech against ethnic Koreans in the country.

The draft was produced after the Committee on the Elimination of Racial Discrimination held a meeting here on Aug. 20-21 to discuss racial issues in Japan. The committee is expected to soon present its concluding remarks based on the draft recommendation.

At the opening of the meeting, a Japanese government representative said Tokyo needs to carefully consider freedom of expression, which is guaranteed by the Japanese Constitution, if it is to establish a new anti-discrimination law covering a wide range of issues.

Before the meeting officially got under way, many of the U.N. committee members watched a video that showed Japanese right-wing group members and others shouting such threats as “Come out and I’ll kill you” at ethnic Koreans on streets in Japan.

Some committee members pointed out that taking countermeasures against such verbal abuse would likely not conflict with the protection of freedom of expression.

They also criticized the way police in the video stood passively by as the people yelled insults and curses, saying that it seemed as if the police officers were accompanying them.

Yoshifu Arita, a Democratic Party of Japan Upper House member who sat in on the committee session, said Japan lags behind other advanced countries in the protection of human rights.

“For other nations, Japan’s sense of human rights probably appears to be going against (the times),” he said.

Arita said he will make efforts to introduce a basic law on the elimination of racial discrimination as early as possible to counter hate speech.
ENDS

Japanese Version:

ヘイトスピーチ「禁止法が必要」 国連委、日本に勧告案
朝日新聞 ジュネーブ=松尾一郎2014年8月21日23時17分 Courtesy of MS
http://www.asahi.com/articles/ASG8P1RGLG8PUHBI004.html?iref=comtop_6_04

国連人種差別撤廃委員会による対日審査が20、21両日、スイス・ジュネーブで行われ、在日韓国・朝鮮人らを対象にしたヘイトスピーチ(差別的憎悪表現)に関連して、「包括的な差別禁止法の制定が必要」とする日本政府への勧告案をまとめた。今後、この案を基にした「最終見解」を公表する。

審査の冒頭、日本政府側は、ヘイトスピーチを禁止する法律の制定や、インターネットなどでの外国人差別や人種差別が発生した場合の法の運用について、「民法上の不法行為にも刑事罰の対象にもならない行為に対する規制に対しては、憲法が保障する『表現の自由』などの関係を慎重に検討しなくてはならない」と述べた。

多くの委員は、審査前に日本でのヘイトスピーチの様子をビデオで視聴。右派系市民団体が「出てこい、殺すぞ」などと叫ぶ様子について「これに対応することは表現の自由の保護と抵触しないのではないか。スピーチだけではなく実際に暴力を起こすような威嚇なのではないか。非常に過激でスピーチ以上のものだ」との指摘が出た。警察の警備の様子についても「(ヘイトスピーチをする)加害者たちに警察が付き添っているかのように見えた。多くの国では、こういうことが起こった場合には逮捕するものだ」と批判した。

傍聴した有田芳生参議院議員(民主党)は「日本の人権感覚は外国からすると(時代に)逆行しているようにみえるのだろう」と述べ、ヘイトスピーチなどに対応するための「人種差別撤廃基本法」の早期制定を目指す考えを示した。

委員会には「在日特権を許さない市民の会」と「なでしこアクション」がそれぞれ、「在日韓国朝鮮人は日本で特権を得ている」などと主張する報告書を事前提出している。(ジュネーブ=松尾一郎)
ENDS

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THE UN REPORT IN FULL:

Courtesy http://www.ohchr.org/EN/countries/AsiaRegion/Pages/JPIndex.aspx
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/JPN/CO/6&Lang=En

Human Rights Committee
Concluding observations (2014) CCPR/C/JPN/CO/6
ADVANCE UNEDITED VERSION
Human Rights Committee
Concluding observations on the sixth periodic report of Japan

1. The Committee considered the sixth periodic report submitted by Japan (CCPR/C/JPN/6) at its 3080th and 3081st meetings (CCPR/C/SR.3080 and CCPR/C/SR.3081), held on 15 and 16 July 2014. At its 3091st and 3092nd meetings (CCPR/C/SR.3091, CCPR/C/SR.3092), held on 23 July 2014, it adopted the following concluding observations.

A. Introduction
2. The Committee welcomes the submission of the sixth periodic report of Japan and the information presented therein. It expresses appreciation for the opportunity to renew its constructive dialogue with the State party’s delegation on the measures that the State party has taken during the reporting period to implement the provisions of the Covenant. The Committee is grateful to the State party for its written replies (CCPR/C/JPN/Q/6/Add.1) and supplementary information to the list of issues which were supplemented by the oral responses provided by the delegation and for the supplementary information provided to it in writing.

B. Positive aspects
3. The Committee welcomes the following legislative and institutional steps taken by the State party:
(a) The adoption of Japan’s Action Plan to Combat Trafficking in Persons, in December 2009;
(b) The approval of the Third Basic Plan for Gender Equality, in December 2010;
(c) The amendment of the Publicly-Operated Housing Act in 2012, to the effect that same-sex couples are no longer removed from the publicly-operated housing system;
(d) The amendment of the Nationality Act in 2008 and of the Civil Code in 2013, which removed discriminatory provisions against children born out of wedlock.
4. The Committee welcomes the ratification by the State party of the following international instruments:
(a) Convention for the Protection of All Persons from Enforced Disappearance in 2009;
(b) The Convention on the Rights of Persons with Disabilities in 2014.

C. Principal matters of concern and recommendations
Previous concluding observations
5. The Committee is concerned that many of its recommendations made after the consideration of the State party’s fourth and fifth periodic report have not been implemented.
The State party should give effect to the recommendations adopted by the Committee in the present as well as in its previous concluding observations.
Applicability of the Covenant rights by national courts
6. While noting that treaties ratified by the State party have the effect of domestic laws, the Committee is concerned at the restricted number of cases in which the rights protected under the Covenant have been applied by courts (art. 2).
The Committee reiterates its previous recommendation (CCPR/C/JPN/CO/5, para. 7) and calls on the State party to ensure that the application and interpretation of the Covenant forms part of the professional training of lawyers, judges and prosecutors at all levels, including the lower instances. The State party should also ensure that effective remedies are available for violations of the rights protected under the Covenant. The State party should consider acceding to the Optional Protocol to the Covenant providing for an individual communication procedure.
National Human Rights Institution
7. The Committee notes with regret that, since the abandonment in November 2012 of the Human Rights Commission Bill, the State party has not made any progress to establish a consolidated national human rights institution (art. 2).
The Committee recalls its previous recommendation (CCPR/C/JPN/CO/5, para. 9) and recommends the State party to reconsider establishing an independent national human rights institution with a broad human rights mandate, and provide it with adequate financial and human resources, in line with the Paris principles (General Assembly resolution 48/134, annex).
Gender equality
8. The Committee is concerned at the State party’s continuing refusal to amend the discriminatory provisions of the Civil Code that prohibit women to remarry in the six months following divorce and establishes a different age of marriage for men and women, on the grounds that it could “affect the basic concept of the institution of marriage and that of the family” (arts. 2, 3, 23 and 26).
The State party should ensure that stereotypes regarding the roles of women and men in the family and in society are not used to justify violations of women’s right to equality before the law. The State party should, therefore, take urgent action to amend the Civil Code accordingly.
9. While welcoming the adoption of the Third Basic Plan for Gender Equality, the Committee is concerned at the limited impact of this plan in view of the low levels of women carrying out political functions. The Committee regrets the lack of information regarding participation of minority women, including Buraku women, in policy-making positions. It is concerned about reports that women represent 70 percent of the part-time workforce and earn on average 58 percent of the salaries received by men for equivalent work. The Committee also expresses concern at the lack of punitive measures against sexual harassment or dismissals of women due to pregnancy and childbirth (arts. 2, 3 and 26).
The State party should effectively monitor and assess the progress of the Basic Plan for Gender Equality and take prompt action to increase the participation of women in the public sector, including through temporary special measures, such as statutory quotas in political parties. It should take concrete measures to assess and support the political participation of minority women, including Buraku women, promote the recruitment of women as full-time workers and redouble its efforts to close the wage gap between men and women. It should also take the necessary legislative measures to criminalise sexual harassment and prohibit and sanction with appropriate penalties unfair treatment due to pregnancy and childbirth.

Gender-based and domestic violence
10. The Committee regrets that, despite its previous recommendation, the State party has not made any progress to broaden the scope of the definition of rape in the criminal code, to set the age of sexual consent above 13 years, and to prosecute rape and other sexual offences ex officio. It also notes with concern that domestic violence remains prevalent, that the process to issue protection orders is too lengthy and that the number of perpetrators that are punished for this offence is very low. The Committee is further concerned by reports of the insufficient protection provided to same-sex couples and immigrant women (arts. 3, 6, 7 and 26).
In line with the Committee’s previous recommendations (CCPR/C/JPN/CO/5, paras 14 and 15) the State party should take concrete action to prosecute rape and other crimes of sexual violence ex officio, raise without further delay the age of consent for sexual activities, and review the elements of the crime of rape, as established in the Third Basic Plan for Gender Equality. The State party should intensify its efforts to ensure that all reports of domestic violence, including of same-sex couples, are thoroughly investigated, that perpetrators are prosecuted, and if convicted, punished with appropriate sanctions; and that victims have access to adequate protection, including by granting emergency protective orders and preventing immigrant women that are victims of sexual violence from losing their visa status.
Discrimination based on sexual orientation and gender identity
11. The Committee is concerned about reports of social harassment and stigmatisation of lesbian, gay, bisexual and transgender (LGBT) persons and discriminatory provisions which practically exclude same-sex couples from the municipally-operated housing system (arts. 2 and 26).
The State party should adopt comprehensive anti-discrimination legislation which prohibits discrimination on all grounds, including on sexual orientation and gender identity, and provides victims of discrimination with effective and appropriate remedies. The State party should intensify its awareness raising activities to combat stereotypes and prejudice against LGBT persons, investigate allegations of harassment against LGBT persons and take appropriate measures to prevent them. It should also remove the remaining restrictions in terms of eligibility criteria applied toward same-sex couples with respect to publicly operated housing services at municipal level.

Hate speech and racial discrimination
12. The Committee expresses concern at the widespread racist discourse against members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and discrimination against them, and the insufficient protection granted against these acts in the criminal and civil code. The Committee also expresses concern at the high number of extremist demonstrations authorised, the harassment and violence perpetrated against minorities, including against foreign students, as well the open display in private establishments of signs such as “Japanese only” (arts. 2, 19, 20 and 27).
The State should prohibit all propaganda advocating racial superiority or hatred that incites to discrimination, hostility or violence, and should prohibit demonstrations that intended to disseminate such propaganda. The State party should also allocate sufficient resources for awareness-raising campaigns against racism and increase its efforts to ensure that judges, prosecutors and police officials are trained to be able to detect hate and racially motivated crimes. The State party should also take all necessary steps to prevent racist attacks and to ensure that the alleged perpetrators are thoroughly investigated and prosecuted and, if convicted, punished with appropriate sanctions.

Death penalty
13. The Committee remains concerned that several of the 19 capital offences do not comply with the Covenant’s requirement of limiting capital punishment to the « most serious crimes », that death row inmates are still kept in solitary confinement for periods of up to 40 years before execution, and that neither they nor their families are given prior notice before the day of execution. The Committee notes, furthermore, that the confidentiality of meetings between death row inmates and their lawyers is not guaranteed, that the mental examinations regarding whether persons facing execution are “in a state of insanity” are not independent, and that requests of retrial or pardon do not have the effect of staying the execution and are not effective. Moreover, reports that the death penalty has been imposed on various occasions as a result of forced confessions, including in the case of Iwao Hakamada, are a matter of concern (arts. 2, 6, 7, 9 and 14).
The State party should:
(a) Give due consideration to the abolition of death penalty or, in the alternative, reduce the number of eligible crimes for capital punishment to the most serious crimes that result in the loss of life;
(b) Ensure that the death row regime does not amount to cruel, inhuman or degrading treatment or punishment, by giving reasonable advance notice of the scheduled date and time of execution to death row inmates and their families, and refraining from imposing solitary confinement on death row prisoners unless it is used in the most exceptional circumstances and for strictly limited periods;
(c) Immediately strengthen the legal safeguards against wrongful sentencing to death, inter alia, by guaranteeing to the defense full access to all prosecution materials and ensuring that confessions obtained by torture or ill-treatment are not invoked as evidence;
(d) In light of the Committee’s previous concluding observations (CCPR/C/JPN/CO/5, para. 17), establish a mandatory and effective system of review in capital cases, with suspensive effect of the request for retrial or pardon, and guaranteeing the strict confidentiality of all meetings between death row inmates and their lawyers concerning requests for retrial;
(e) Establish an independent review mechanism of the mental health of the death row inmates;
(f) Consider acceding to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty.
Sexual slavery practices against “comfort women”

14. The Committee is concerned by the State party’s contradictory position that the “comfort women” were not “forcibly deported» by Japanese military during wartime but that the “recruitment, transportation and management» of these women in comfort stations was done in many cases generally against their will through coercion and intimidation by the military or entities acting on behalf of the military. The Committee considers that any such acts carried out against the will of the victims are sufficient to consider them as human rights violations involving the direct legal responsibility of the State party. The Committee is also concerned about re-victimization of the former comfort women by attacks on their reputations, including some by public officials and some that are encouraged by the State party’s equivocal position. The Committee further takes into account, information that all claims for reparation brought by victims before Japanese courts have been dismissed, and all complaints to seek criminal investigation and prosecution against perpetrators have been rejected on the ground of the statute of limitations. The Committee considers that this situation reflects ongoing violations of the victims’ human rights, as well as a lack of effective remedies available to them as victims of past human rights violations (arts. 2, 7 and 8).
The State party should take immediate and effective legislative and administrative measures to ensure: (i) that all allegations of sexual slavery or other human rights violations perpetrated by Japanese military during wartime against the “comfort women”, are effectively, independently and impartially investigated and that perpetrators are prosecuted and, if found guilty, punished; (ii) access to justice and full reparation to victims and their families; (iii) the disclosure of all evidence available; (iv) education of students and the general public about the issue, including adequate references in textbooks; (v) the expression of a public apology and official recognition of the responsibility of the State party; (vi) condemnation of any attempts to defame victims or to deny the events.

Trafficking in persons
15. While appreciating the efforts made by the State party to address trafficking in persons, the Committee remains concerned about the persistence of this phenomenon, as well as about the low number of prison sentences imposed on perpetrators, the absence of cases of forced labour brought to justice, the decline in victim identification, and the insufficient support granted to victims (art. 8).
In line with the Committee’s previous concluding observations (CCPR/C/JPN/CO/5, para. 23), the State party should:
(a) Enhance victim identification procedures, particularly with regard to victims of forced labour, and provide specialised training to all law enforcement officers, including labour inspectors;
(b) Vigorously investigate and prosecute perpetrators and, when convicted, impose penalties that are commensurate with the seriousness of the acts committed;
(c) Enhance the current victim protection measures, including interpretation services and legal support for claiming compensation.

Technical Intern Training Programme (TITP)
16. The Committee notes with concern that, despite the legislative amendment extending the protection of labour legislation to foreign trainees and technical interns, there are still a large number of reports of sexual abuse, labour-related deaths and conditions that could amount to forced labour in the TITP (art. 2 and 8).
In line with the Committee’s previous concluding observations (CCPR/C/JPN/CO/5, para. 24), the State party should strongly consider replacing the current programme with a new scheme that focuses on capacity building rather than recruiting low-paid labour. In the meantime, the State party should increase the number of on-site inspections, establish an independent complaint mechanism and effectively investigate, prosecute and sanction labour trafficking cases and other labour violations.
Involuntary hospitalization
17. The Committee is concerned that a large number of persons with mental disabilities are subject to involuntary hospitalization on very broad terms and without access to an effective remedy to challenge violations of their rights, and that hospitalization is reportedly prolonged unnecessarily by the absence of alternative services (art. 7 and 9).
The State party should:
(a) Increase community-based or alternative services for persons with mental disabilities;
(b) Ensure that forced hospitalization is imposed only as a last resort, for the minimum period required, and only when necessary and proportionate for the purpose of protecting the person in question from harm or preventing injury to others;
(c) Ensure an effective and independent monitoring and reporting system for mental institutions, aimed at effectively investigating and sanctioning abuses and providing compensation to victims and their families.

Daiyo Kangoku (substitute detention system) and forced confessions
18. The Committee regrets that the State party continues to justify the use of the Daiyo Kangoku on the lack of available resources and on the efficiency of this system for criminal investigations. The Committee remains concerned that the absence of an entitlement to bail or a right to State-appointed counsel prior to the indictment reinforces the risk of extracting forced confessions in Daiyo Kangoku. Moreover, the Committee expresses concern at the absence of strict regulations regarding the conduct of interrogations and regrets the limited scope of mandatory video recording of interrogations proposed in the 2014 “Report for Reform Plan” (arts. 7, 9, 10 and 14).
The State party should take all measures to abolish the substitute detention system or ensure that it is fully compliant with all guarantees in articles 9 and 14 of the Covenant, inter alia, by guaranteeing:
(a) That alternatives to detention, such as bail, are duly considered during pre-indictment detention;
(b) That all suspects are guaranteed the right to counsel from the moment of apprehension and that defence counsel is present during interrogations;
(c) Legislative measures setting strict time-limits for the duration and methods of interrogation, which should be entirely video-recorded;
(d) A complaint review mechanism that is independent of the prefectural public safety commissions and has the authority to promptly, impartially and effectively investigate allegations of torture and ill-treatment during interrogation.

Expulsion and detention of asylum-seekers and undocumented immigrants
19. The Committee expresses concern about reported cases of ill-treatment during deportations, which resulted in the death of a person in 2010. The Committee is also concerned that, despite the amendment to the Immigration Control and Refugee Recognition Act, the principle of non-refoulement is not implemented effectively in practice. The Committee remains further concerned at the lack of an independent appeal mechanism with suspensive effect against negative decisions on asylum as well as at the prolonged periods of administrative detention without adequate giving of reasons and without independent review of the detention decision (arts. 2, 7, 9 and 13).
The State party should:
(a) Take all appropriate measures to guarantee that immigrants are not subject to ill-treatment during their deportation;
(b) Ensure that all persons applying for international protection are given access to fair procedures for determination and for protection against refoulement, and have access to an independent appeal mechanism with suspensive effect against negative decisions;
(c) Take measures to ensure that detention is resorted to for the shortest appropriate period and only if the existing alternatives to administrative detention have been duly considered and that immigrants are able to bring proceedings before a court that will decide on the lawfulness of their detention.

Surveillance of Muslims
20. The Committee is concerned about reports on widespread surveillance of Muslims by law enforcement officials (arts. 2, 17 and 26).
The State party should:
(a) Train law enforcement personnel on cultural awareness and the inadmissibility of racial profiling, including the widespread surveillance of Muslims by law enforcement officials;
(b) Ensure that affected persons have access to effective remedies in cases of abuse.
Abduction and forced de-conversion
21. The Committee is concerned at reports of abductions and forced confinement of converts to new religious movements by members of their families in an effort to de-convert them (arts. 2, 9, 18, 26).
The State party should take effective measures to guarantee the right of every person not to be subject to coercion which would impair his or her freedom to have or to adopt a religion or belief.
Restriction of fundamental freedoms on grounds of “public welfare”
22. The Committee reiterates its concern that the concept of “public welfare” is vague and open-ended and may permit restrictions exceeding those permissible under the Covenant (arts. 2, 18 and 19).
The Committee recalls its previous concluding observations (CCPR/C/JPN/CO/5, para. 10) and urges the State party to refrain from imposing any restriction on the rights to freedom of thought, conscience and religion or freedom of expression unless they fulfil the strict conditions set out in paragraph 3 of articles 18 and 19.
Act on the Protection of Specially Designated Secrets
23. The Committee is concerned that the recently adopted Act on the Protection of Specially Designated Secrets contains a vague and broad definition of the matters that can be classified as secret, general preconditions for classification and sets high criminal penalties that could generate a chilling effect on the activities of journalists and human rights defenders (art. 19).
The State party should take all necessary measures to ensure that the Act on the Protection of Specially Designated Secrets and its application conforms to the strict requirements of article 19 of the Covenant, inter alia by guaranteeing that:
(a) The categories of information that could be classified are narrowly defined and any restriction on the right to seek, receive and impart information complies with the principles of legality, proportionality and necessity to prevent a specific and identifiable threat to national security;
(b) No individual is punished for disseminating information of legitimate public interest that does not harm national security.

Fukushima Nuclear Disaster
24. The Committee is concerned that the high threshold of exposure level set by the State party in Fukushima, and the decision to cancel some of the evacuation areas, gives no choice to people but to return to highly contaminated areas (arts. 6, 12 and 19).
The State party should take all the necessary measures to protect the life of the people affected by the nuclear disaster in Fukushima and lift the designation of contaminated locations as evacuation areas only where the radiation level does not place the residents at risk. The State party should monitor the levels of radiation and disclose this information to the people affected in a timely manner.
Corporal punishment
25. The Committee observes that corporal punishment is only prohibited explicitly in schools, and expresses concern at its prevalence and social acceptance (arts. 7 and 24).
The State party should take practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects.

Rights of indigenous peoples
26. While welcoming the recognition of the Ainu as an indigenous group, the Committee reiterates its concern regarding the lack of recognition of the Ryukyu and Okinawa as well as of the rights of these groups to their traditional land and resources or the right of their children to be educated in their language (art.27)
The State party should take further steps to revise its legislation and fully guarantee the rights of Ainu, Ryukyu and Okinawa communities to their traditional land and natural resources, ensuring respect for the right to engage in free, prior and informed participation in policies that affect them and facilitate, to the extent possible, education for their children in their own language.
27. The State party should widely disseminate the Covenant, the text of its sixth periodic report, the written replies to the list of issues drawn up by the Committee and the present concluding observations among the judicial, legislative and administrative authorities, civil society and non-governmental organizations operating in the country, as well as the general public.
28. In accordance with rule 71, paragraph 5, of the Committee’s rules of procedure, the State party should provide, within one year, relevant information on its implementation of the Committee’s recommendations made in paragraphs 13, 14, 16 and 18 above.
29. The Committee requests the State party to provide in its next periodic report, due for submission on 31 July 2018, specific, up-to-date information on the implementation of all its recommendations and on the Covenant as a whole. The Committee also requests the State party, when preparing its next periodic report, to broadly consult civil society and non-governmental organizations operating in the country.

ENDS

“No Foreigners” (and no women) Capsule Inn Omiya hotel in Saitama (UPDATE AUG 21: No-foreigner rule withdrawn, but lots more exclusionary hotels found on Rakuten)

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「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)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  Joining the ranks of hundreds of other places nationwide that have “Japanese Only” rules in place is this capsule hotel called “Kapuseru In Ohmiya” in Miyamachi 5-3-1, Ohmiya-ku, Saitama, close to JR Omiya Station East Exit, phone 048-641-4122.  Incidentally, and also in violation of Japan’s Hotel Management Law, it does not allow women to stay there either.  Here’s a screen capture of their entry on Rakuten as of August 18, 2014, with all their contact details.  Courtesy of MF.

(Click on image to expand in your browser.)

Front door with directions there:

JapaneseOnlyCapsuleInnSaitamafront

Entire site with “No Foreigners” and “No Women” rules listed at very bottom:

JapaneseOnlySaitamaCapsuleInn081714

Anyone want to give them a call, and/or to report them to the authorities?  Here’s how.

Dr. ARUDOU, Debito

UPDATE AUGUST 21, 2014:  THEIR RAKUTEN ENTRY HAS REMOVED THE “JAPANESE ONLY” RULE, AMENDED IT TO A “BRING A JAPANESE SPEAKER IF YOU DON’T SPEAK JAPANESE, AS THE STAFF DOESN’T SPEAK FOREIGN LANGUAGES”.  THE “MEN-ONLY” RULE REMAINS. RAKUTEN PAGE SCREEN CAPTURE BELOW:

JapaneseOnlySaitamaCapsuleInnrulerepealed082114

ENDS

Japanese hotel and restaurant bars all Non-Japanese — in Bangalore, India! And it’s shut down by the local Indian govt. within days

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「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)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  This case you might have heard about already, but in terms that Debito.org has talked about for decades, there are no surprises here:  A “Japanese Only” Japanese restaurant has been discovered turning away “foreigners” in a foreign land — India.  Well, turning away all “non-Japanese”.  Because, you see, “Japanese” is not a function of nationality.  It’s a function of racialized tribalism.

In other words, no matter where you are in the world, under Japanese binary sensibilities, there are two types of people:  Japanese and NJ — not Japanese and “foreigners”.  Overseas, Japanese technically become foreigners.  But not in exported Japanese contexts such as Japanese restaurants.  So again, Japanese society’s exclusionary view of the world anytime, anywhere, becomes perfectly understandable when looked at through this binary rubric.

Fortunately, not all societies let this sort of racism pass without comment or sanction.  And India, despite being saddled with a horrible caste system, is no exception.  Within weeks after exposure, it was partially shut down after notice from the Greater Bangalore City Corporation on explicit charges of racial discrimination — something Japan simply cannot do.  Articles follow.  Dr. ARUDOU, Debito

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‘Only Japanese, no Indian people, ma’am’
Bangalore Mirror Bureau | Jun 24, 2014, 02.00 AM IST

Howard Murphy, a Brit, too was barred from the restaurant in Uno-In. ‘It is just racist,‘ Murphy told Bangalore Mirror
By : Tapasya Mitra Mazumder & Afsha Khan, Courtesy of JK
http://www.bangaloremirror.com/bangalore/cover-story/Only-Japanese-no-Indian-people-maam/articleshow/37097278.cms,

Unabashedly racist, Uno-In Hotel bars all other nationals; ironically, its head and staff are Indians

The hotel makes no bones about it. Its website categorically states: Located in Bangalore, we are a hotel exclusively for Japanese. Situated on Langford Cross Road in Shanthinagar, Hotel Uno-In, which also houses a Japanese rooftop restaurant called Teppen, has a policy of not allowing access to Indians, or for that matter, any other non-Japanese nationals.

Adjacent to the KTM showroom, Uno-In started two years ago with the sole aim of catering to Japanese nationals visiting the city for work or tour. It’s clear the hotel is not eager to advertise its presence as a hand-painted sign on the mouth of the road is the only giveaway to the place situated at the cul-de-sac.

Based on an incident (we will come back to it later) that happened a few months back, these reporters visited the hotel with a colleague and got a first-hand taste of the discriminatory attitude. The moment they stepped foot into the lobby and expressed a desire to have lunch at the hotel’s rooftop restaurant Teppen, they were told ‘Indians’ were not allowed. Below is a transcript of the recorded conversation that took place with Nic U Iqbal, MD and CEO of Nippon Infrastructure which runs the hotel.

BM Reporter: Hi. We are here for Teppen.

Hotel Staff: Yes, but only Japanese people allowed ma’am. No Indian people.

Reporter: No, we were not told that. A friend of ours recommended the place to us and said it has amazing Japanese food.

Hotel: Hi, I am Nic. This is a dedicated place for Japanese people alone.

Reporter: No, but we heard so much about this place from our Japanese friends.

Hotel: I know but we really don’t do that. It is really hard to maintain the quality system and we just have Japanese corporate people visiting us. We are the Nippon group and we have tie-ups with our own Japanese companies. Their people come to us. The entire hotel is for the Japanese alone and we don’t entertain anyone else.

After about five minutes of cajoling, we were allowed in with Iqbal stating, “I run the whole show so you can go in as my guests.” The afterthought of a welcome seemed to be directly linked to the absence of any Japanese guests (and hence no one at all) in the restaurant.

Recalling an ‘incident’ in March, Amisha Garg Agarwal, director (strategy planning), Percept/H said, “A couple of months back some colleagues accompanied our Japanese clients to the hotel for lunch. But they didn’t allow my colleagues in, stating, ‘Indians are not allowed’, despite the clients insisting they be permitted into the restaurant.”

She says when they sought an explanation, they were told Indians demanded Indian and vegetarian food. “We have heard about many more such cases from our Japanese friends in the city,” she said.

Ishiro Takazuma (name changed on request), a Japanese advertising professional who frequently travels to Bangalore for work, said that during one of his initial sojourns, he had stayed at the Uno-In and knew the food there was good. So when some Japanese colleagues were in the vicinity along with a couple of Indian colleagues a couple of months back, he recommended Uno-In’s restaurant. “We have never had any problem there before but our Indian colleagues were stopped from accompanying us into the restaurant. They relented on our insistence, though. I understand their policy of catering only to Japanese clients and their rights to reservation, but they should not have stopped our Indian friends from entering the place when they were with us.”

The ‘rights of admission reserved’ rule is in the realm of ambiguity at best. When we asked the Bruhat Bangalore Mahanagara Palike (BBMP), the issuing authority for trade licences, about how far an establishment can go in its ‘right of admission reserved’ rule, the officials had no clue. ”We have never come across it till now. We issue licences, check if the health, safety and cleanliness standards are being maintained. Nothing beyond it,” said an official.

When Bangalore Mirror contacted Uno-In’s Iqbal for comment, he said they had no qualms in admitting any customer, but they mainly catered to the needs of those residing in their corporate houses, mostly comprising the Japanese. “It is not a walk-in restaurant which is why we haven’t even publicised it as a restaurant. We do not have the infrastructure to function as a full-fledged restaurant which is why we have limited it to only Japanese delegates. And we do not entertain anyone else apart from Japanese people. However, if people come and request to have a Japanese meal, we do not mind catering to their requests.” That, based on experiences earlier by some Bangaloreans and the reporters is bunkum.

‘IT IS JUST RACIST’

To its credit, Uno-In seems to be ‘fair-handed’ in its racism. BANGALORE MIRROR sent a Brit to see if they will have a different set of rules, in typically Indian fashion, for the whites. Howard Murphy , founder of Amurco and from Manchester, was told on Monday lunch hour by the receptionist that the place is ”restricted to Japanese” and denied him entry. “Later another person — I presume he was the manager — came and said the same thing…that the place is meant only for Japanese. It’s just racist.”

An African PhD student, Charles Mwiriji Keega, was our next decoy. His experience: “We parked the bike outside.A guard opened the gate for us and I said I want to eat lunch here. He guided me to the place where the restaurant was. An executive officer came to me here and along with him four other people who seemed like heads at the restaurant came. They (all Indians) saw me and said that it’s not a restaurant first. I could see the tables there. So told them that. Then one guy came and told me that this is only for Japanese. He got a bit angry and tried to chase me out. They told me to go eat elsewhere. I said that I wanted to have Japanese food. He got annoyed with me and started to bully me out.”

SO WHAT’S ON THE MENU?

With entry banned to non-Japanese, Bangalore Mirror just had to eat at Uno In’s open-air cafe to satiate its curiosity pangs. Having virtually begged to be let in, here goes the accidental review, without any fear or favour. Not that it will help you, unless you are a Japanese reading this

So how does this exclusively-for-Japanese restaurant look inside? Teppen, an open-air cafe on the fourth floor of Uno-In, exudes the air of an office cafeteria. Since we were the only customers — and Indians at that — the staff was initially a touch wary but eased up after we returned their bow and smiled. The menu carried just the Japanese names of the dishes which is understandable considering its clientele. A waiter pointed out the chicken items, and even a vegetarian dish, he thought we may prefer over-fried pork with the skin on.

As we had heard of Daikon (radish), we decided to order that hoping it might be served with a dressing of vinegar and sesame. But the bowl of raw, shredded radish placed in front of us was unseasoned. We, thus, sincerely apologise if this isn’t Japanese etiquette, but we doused it in the soya sauce placed on our table to alter it to suit our palate. What we could make out was that most items on the menu were set meals – essentially a protein served on a platter with rice, miso soup, pickled cucumber and raw vegetables.

It suffices here to say that we left with the knowledge that we had got a taste of authentic Japanese food. For what it’s worth, the fried jumbo shrimps enveloped in thick hot and crispy batter and the miso soup with tofu cubes went down well, but if anybody wants to have sushi, they will need to come here for dinner as they aren’t available at lunch.

ENDS
///////////////////////////////////////////////

Bangalore shuts down ‘Japanese only’ hotel
The Mail Online India, By ARAVIND GOWDA
PUBLISHED: 18:40 EST, 2 July 2014
http://www.dailymail.co.uk/indiahome/indianews/article-2678420/Bangalore-shuts-Japanese-hotel.html

All over: Uno-in hotel in Bangalore, a Japanese-only restaurant, has been closed down

A ‘Japanese only’ hotel, which allegedly did not entertain Indians and other foreign nationals in its restaurant, has been closed down by the Greater Bangalore City Corporation (GBCC) on charges of racial discrimination.

The Uno-Inn Hotel – set up two years ago in central Bangalore by a local entrepreneur in association with the Nippon Infrastructure Company to cater to the growing number of Japanese visitors – shot to limelight after it allegedly stopped Indians, British and Africans from entering the roof-top restaurant.

The 30-room hotel and the restaurant were meant exclusively for Japanese tourists and businessmen visiting the city.

Last week, a few Bangaloreans, who decided to try out the Japanese restaurant at the hotel, were shocked when they were reportedly informed that they were unwelcome there.

This shocked the locals, who duly brought the matter to the notice of the GBCC.

Recently, GBCC officials visited the hotel and detected various violations by the management.

Consequently, the GBCC locked 10 out of the 30 rooms of the hotel and issued a notice to the hotel to comply with the local laws.

But the hotel management contended that Indians and other foreign nationals were welcome at their restaurant.

The GBCC is not authorised to initiate any action against the hotel management for its alleged racial discrimination, and only the law enforcement agencies were entitled to initiate action against the hotel.

ENDS

JT: Japan needs to get tough on hate speech: U.N. experts and columnist Eric Johnston; why I doubt that will happen

mytest

eBooks, Books, and more from ARUDOU, Debito (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「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)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hello Blog.  In the wake of last week’s shocking decision that NJ of any status have no automatic right to their paid-in social welfare benefits, here’s another push for increased protections for Japan’s minorities that looks unlikely in this current political climate to come to pass, despite both the court rulings and the gaiatsu pressure from overseas:

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NATIONAL / SOCIAL ISSUES
Japan needs to get tough on hate speech: U.N. experts
Japan Times/JIJI JUL 16, 2014
http://www.japantimes.co.jp/news/2014/07/16/national/social-issues/get-tough-hate-speech-u-n-experts/

Japan came under pressure at a U.N. meeting Tuesday to do more to help stop hate speech that promotes discrimination by race or nationality.

“According to information we received, there have been more than 360 cases of racist demonstrations and speeches in 2013, mainly in Korean neighborhoods in Tokyo,” Yuval Shany from Israel, one of the experts at the U.N. Human Rights Committee, said at the meeting in Geneva.

Shany asked Japan whether it is considering adopting legislation to address hate and racist speech.

Existing laws in Japan do not allow police to intervene to stop hate speech demonstrations, Shany said at the meeting held to review the civil and political rights situation in Japan.

“It seems almost nothing has been done by the government to react to Japanese-only signs which have been posted in a number of places,” Shany said.

Another committee member, Zonke Majodina from South Africa, asked if Japan has “plans to enact a national anti-discrimination law, for direct and indirect discrimination, applying to both public and private sectors, complying with international standards and ensuring equal protection to everyone.”

Elsewhere in the meeting, committee members questioned whether human rights are protected in Japan under the country’s capital punishment system, as well as its system designed to provide equal employment opportunities for men and women.

The review is scheduled to continue into Wednesday when it is expected to cover the issue of “comfort women” who were forced to work in Japan’s wartime military brothels.

This is the committee’s first review of Japan in six years. The committee is set to announce recommendations for improvement on July 24.

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

NATIONAL | VIEW FROM OSAKA
Time for legislation to prevent spread of hate speech
BY ERIC JOHNSTON, JUL 19, 2014
http://www.japantimes.co.jp/news/2014/07/19/national/time-for-legislation-to-prevent-spread-of-hate-speech/

On July 8, the Osaka High Court ruled that, yes, standing in front of a primary school while kids are in class, shouting through a megaphone that they and their parents are not human, and then vandalizing the school’s property, is legal discrimination.

The decision against the anti-Korean group Zaitokukai for its actions at a pro-North Korean school in Kyoto is welcomed by all civilized people and will likely (unless the notoriously conservative Supreme Court hears the case) end one of the more high-profile hate speech cases seen in Kansai or elsewhere in Japan.

However, the Kyoto incident is just one of many involving what some countries legally define, and ban, as hate speech. Yet Japan, citing freedom of expression, is reluctant to confront the issue.

Given the official silence and unofficial tolerance, it’s hardly surprising that hate speech is on the rise, especially in Kansai:

• In 2011, a Zaitokukai representative visited a Nara museum running a temporary exhibition on Japan’s occupation of Korea. He later showed up in front of the museum and hurled insults at people of “burakumin” (social outcast class) origin, since the museum also has a permanent exhibition on the buraku people. Thankfully, the man was forced to pay ¥1.5 million — not for making derogatory remarks against Koreans or buraku people, per se, but for “defamation of the museum.”

• In a particularly shocking case, a 14-year-old girl in Osaka’s traditional Korean district of Tsuruhashi participated in a February 2013 anti-Korean demonstration by shouting through a megaphone that she wanted to kill all of the Koreans in the area.

When comments by Osaka Mayor Toru Hashimoto about Japan’s prewar “comfort women” system being necessary at the time were added to the mix a few months after the Tsuruhashi incident, Osaka found itself with a reputation both inside and outside of Japan as an intolerant city under mob rule, a place where misogynists, bigots and hate-mongers can say whatever they want without fear of social or legal reprisals.

The good news is that, finally, more and more people in Osaka and the Kansai region are fighting back against the haters.

Counter-demonstrations against Zaitokukai in particular are increasing. At the same time, there is a feeling among many here that, as Osaka and Korea have a deep ties, things will work themselves out.

But that’s the problem. What’s needed now is not “historical perspective,” “understanding” or “respect,” but legislation ensuring protection and punishment. This is precisely because perspective, understanding and respect alone will not stop hate speech — especially that directed at new groups or those who have not traditionally been as ostracized as ethnic minorities.

Rest of the article at
http://www.japantimes.co.jp/news/2014/07/19/national/time-for-legislation-to-prevent-spread-of-hate-speech/

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

As Eric noted, there is the muscle (such as it is) of Japan’s judiciary recently supporting something like this:

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

NATIONAL / CRIME & LEGAL
Japanese high court upholds ruling against anti-Korean activists’ hate speech
KYODO, JUL 8, 2014

The Osaka High Court on Tuesday upheld a lower court ruling that branded as “discriminatory” demonstrations staged near a pro-Pyongyang Korean school by anti-Korean activists who used hate-speech slogans.

A three-judge high court panel turned down an appeal by the Zaitokukai group against the Kyoto District Court decision ordering that it pay about ¥12 million in damages to the school operator, Kyoto Chosen Gakuen.

The order also banned the group from staging demonstrations near the school in Minami Ward, Kyoto.

Presiding Judge Hiroshi Mori said in the high court ruling that Zaitokukai members staged the demonstrations near the school with the intention of spreading anti-Korean sentiment among Japanese people.

Mori said Zaitokukai members’ activities were not intended to serve the public interest and that the group’s actions seriously damaged the school’s provision of ethnic education.

The ruling found that eight Zaitokukai activists staged anti-Korean demonstrations near the school three times between 2009 and 2010, using loudspeakers to denounce those inside.

They yelled slogans, accusing the students of being “children of North Korean agents” and demanding that all ethnic Koreans be kicked out of Japan.

The activists posted footage of their activities on the Internet.

In October 2013, the Kyoto District Court accepted a lawsuit by the school operator, ordering the nationalist group to pay damages and noting that Zaitokukai’s activities run counter to the International Convention on the Elimination of All Forms of Racial Discrimination, which came into force in 1969. Japan ratified the convention in 1995.

During the high court hearings, Zaitokukai argued that their members exercised their rights to freedom of assembly and freedom of expression, and argued that the damages were excessive.

Rest of the article at http://www.japantimes.co.jp/news/2014/07/08/national/crime-legal/japanese-high-court-upholds-ruling-anti-korean-activists-hate-speech/

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

For the record, here’s how people deal with it in other countries, such as, oh, the European Parliament and France:

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

WORLD / SOCIAL ISSUES
Polish MEP’s racial slur sparks anger
AFP-JIJI JUL 17, 2014

STRASBOURG, FRANCE – A far-right Polish MEP outraged lawmakers gathered in the European Parliament on Wednesday by comparing the continent’s unemployed youth to “niggers” in the U.S. South.

Janusz Korwin-Mikke, the outspoken leader of the royalist and libertarian Congress of the New Right party, delivered the remark during a speech to deputies decrying the existence of minimum wage laws.

Comparing job-seeking youth to black laborers in the American South during the 1960s, Korwin-Mikke said: “Four millions humans lost jobs. Well, it was four million niggers. But now we have 20 millions Europeans who are the Negroes of Europe.

“Yes, they are treated like Negroes!

“We must destroy the minimum wage and we must destroy the power of trade unions,” the 72-year-old added, before being shouted down in the parliament session.

The Socialist coalition immediately called on Korwen-Mikke to apologize or resign over what it called the “worst insult of racist discrimination and humiliation.”

“What Mr. Korwin-Mikke has preached did not only offend those that have a different skin color, but everyone who is inspired by the European values of dignity and equality,” said Italian Socialist Cecile Kyenge, who is of Congolese origin.

Rest at http://www.japantimes.co.jp/news/2014/07/17/world/social-issues-world/polish-meps-racial-slur-remark-sparks-anger/

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

Front National politician sentenced to jail for ape slur
Anne-Sophie Leclere handed nine-month prison term for comparing French justice minister to chimpanzee
Agence France-Presse in Cayenne
The Guardian, Wednesday 16 July 2014 13.20 EDT
http://www.theguardian.com/world/2014/jul/16/french-national-front-politician-sentenced-to-jail-monkey-slur-christiane-taubira

A former local election candidate for the far-right Front National (FN) in France has been sentenced to nine months in prison for comparing the country’s justice minister, who is black, to an ape.

Anne-Sophie Leclere provoked a storm last year when she compared Christiane Taubira to an ape on French television and posted a photomontage on Facebook that showed the justice minister, who is from French Guiana, alongside a baby chimpanzee. The caption under the baby ape said “At 18 months”, and the one below Taubira’s photograph read “Now”.

Leclere was an FN candidate in Rethel, in the eastern Ardennes region, for the 2014 local elections, but the FN soon dropped her and went on to do well in the March polls.

On Tuesday, a court in Cayenne, French Guiana’s capital, sentenced her to nine months in jail, banned her from standing for election for five years, and imposed a €50,000 (£39,500) fine. French Guiana is an overseas département of France and is inside the European Union. It also handed the FN a €30,000 fine, putting an end to a case brought by French Guiana’s Walwari political party, founded by Taubira.

The court went well beyond the demands of prosecutors, who had asked for a four-month jail sentence and a €5,000 fine.

Leclere, who was not present in the court, said that she would appeal. The FN said it would also appeal, denouncing the sentences as “appalling” and criticising the trial as a “trap”, as the party was unable to find a lawyer in Cayenne to defend it.

In a television appearance last year, Leclere said she would prefer to see Taubira “in a tree swinging from the branches rather than in government”.

“She is wild,” Leclere said, adding: “I have black friends and it doesn’t mean I call them monkeys.”

Leclere has since defended her comments, saying that while clumsy, they were not racist. She said the photo montage was a joke, and added: “The photo was posted on my Facebook page and I took it off a few days later. I was not the creator of this photograph.”

Taubira has been on the receiving end of several racial slurs over the past year. Not long after Leclere’s comments, the far-right weekly newspaper Minute published a cover featuring a picture of Taubira and headlines that read: “Crafty as a monkey” and “Taubira gets her banana back”.

In French, getting your banana back is roughly the equivalent of recovering the spring in your step.

Joel Pied, of Walwari, said Tuesday’s court decision was “historic and beneficial”. He said: “A prominent institution of the republic recognises that the Front National is punishable by law and that it’s a racist party. We hope this decision will mark a milestone.”

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

Thanks for the reference to our work, United Nations.  So there is precedent, example, template, and international embarrassment.  Will this result in a law in Japan against hate speech (ken’o hatsugen)?  I say again: not in the foreseeable future, sadly.  As noted on Debito.org many times, we have had all four of these pressures in Japan for decades now (not to mention an international treaty signed in specific), yet we still can’t get a law against racial discrimination (jinshu sabetsu) in Japan.  Dr. ARUDOU, Debito

MLB J-baseball player Kawasaki Munenori doing his best to speak English to North American media. Debito.org approves.

mytest

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Hi Blog.  While we’re on the subject of sports, here’s something that I found very positive:  A Japanese baseball player for the Toronto Blue Jays named Kawasaki Munenori doing his darnedest to meet the domestic press:


Courtesy http://www.viralviralvideos.com/2014/04/18/japanese-baseball-player-gives-epic-interview/

I have written in the past about how certain other Japanese athletes overseas do it differently.  In fact, my very first newspaper column (in the Asahi Evening News — remember when it was titled that?) way back in 1997 was a grumble (what else? I’m Debito) on how J-baseball pioneer Nomo Hideo (remember him?) was skiving in terms of trying to connect with his adoptive community:
nomoAEN

I will admit right now that I’m no expert on sports, but from what I’ve seen (and I’m welcome to correction/updates), many of Japan’s athletes overseas don’t bother to publicly learn the language, or connect all that much with their local community. Baseball superstar Ichiro is the immediate example that comes to mind, as AFAIK he assiduously avoids American media; some might justify it by saying he’s all business (i.e., focused on the game) or trying to avoid gaffes.  But I still think it comes off as pretty snobby, since these sportsmen’s lives are being supported by fans, and they should give something back.

If I had a hotline into their brain, I would tell them to go further — exhort them to  countermand the dominant discourse that English is too hard for Japanese to learn well.  And then I would exhort even further:  J sportsmen in the big leagues get treated pretty well (especially salarywise — that’s why they’re no longer playing in Japan!), yet you never hear them speaking up about the shoe on the other foot, on behalf of the often lousy and discriminatory treatment many NJ sportsmen get treated in Japan (imagine if the United States put such stringent foreigner limits on their baseball team rosters, for example; contrast it with how many foreign players (more than a quarter of the total in 2012) MLB actually absorbs!)

Again, sports isn’t quite my field, and if you think I’m being inaccurate or unduly harsh, speak up!  People have in the past:  Here’s an archived discussion we had nearly twenty years ago about Nomo in specific; I daresay that despite all the trailblazing Nomo did, and the wave of Japanese baseball players going overseas to seek fame and fortune, little has changed in terms of giving back.

That’s why Kawasaki is such a lovely exception, doing his level best to connect.  His earnestness is very endearing. Debito.org gives two thumbs up!  May more follow his example.  Dr. ARUDOU, Debito

Asahi & Kyodo: Japan’s soccer leagues taking anti-discrimination courses, meting out punishments for racism

mytest

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Hi Blog. Some good news:

The Urawa Reds’ fans “Japanese Only” banner last March (which, as Debito.org reported, could have been as usual swept under the carpet of cultural relativism) has occasioned much debate (see here and here) and even proactive and remedial measures. Witness this:

AS20140427001051SaitamaJapaneseonly

///////////////////////////////////////////
“J.League players to take anti-discrimination classes after racist banner
The Asahi Shinbun, May 30, 2014, courtesy of Yokohama John
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201405300045

J.League’s players and team officials will be forced to take mandatory anti-discrimination classes as fallout from a fan’s banner that said “Japanese Only” and was not removed from a stadium during a league game in March.

Officials with the Justice Ministry’s legal affairs bureaus and local volunteer human rights advocates commissioned by the agency, in agreement with the league, will visit all 51 teams in the J1, J2 and J3 divisions from June onward to give the classes.

“Team players and spectators sometimes commit discriminatory acts without realizing the significance,” said a public relations official with the J.League.

“We will equip the players and staff members with the proper knowledge through the training course.”

The decision came in response to a discriminatory incident that occurred on March 8 when the banner appeared in a concourse over an entrance gate to seating at the Urawa Red Diamonds’ stadium in a game against Sagan Tosu.

Urawa Reds employees failed to remove the banner even after the game, prompting criticism of the team’s handling of the incident. The Reds were forced to play their next home game in an empty stadium as punishment by the J.League.

Similar well-publicized incidents have occurred in other countries during professional league soccer games, including one where a player made a discriminatory remark during a match and another where a spectator threw a banana at a black defender.

The class instructors will expound on what acts constitute discrimination and use specific incidents, such as when a foreigner was denied admission to a “sento” (public bath), to demonstrate discriminatory acts. They will also discuss ways to improve interactions with foreigners, sources said.”
///////////////////////////////////////////

Well, good. I’m not going to nit-pick this well-intentioned and positive move. It’s long overdue, and Debito.org welcomes it.

(Well, okay, one thing:  It’s funny how the lore on our Otaru Onsens Case (i.e., the “sento” denying entry to “a foreigner”) has boiled down to one “foreigner” (which I was not, and it was more people denied than just me) going to just one sento (there were at least three with “Japanese Only” signs up at the time in Otaru). Somehow it’s still a case of “discrimination against foreigners”, which is the wrong lesson to take from this case, since the discrimination also targeted Japanese people.)

Now witness this:

///////////////////////////////////////////
J3 player handed three-game ban for racist comments
KYODO NEWS MAY 30, 2014 Courtesy of Yokohama John
http://www.japantimes.co.jp/sports/2014/05/30/soccer/j-league/j3-player-handed-three-game-ban-for-racist-comments/

Defender Sunao Hozaki, who plays for Kanazawa Zweigen in the J. League’s lower-tier J3 division, will be suspended for three games due to racist comments he made to an opposing player in a match against FC Machida last Saturday in Ishikawa Prefecture, his club announced Friday.

Kanazawa said in consideration of the opposing player’s rights, they have not made public the comments used against him. They also have not mentioned him by name. Hozaki will be suspended for matches on June 1, June 8 and June 14.

The Japan Football Association’s disciplinary standard for a player who commits acts of racism is suspension of at least five games and a fine of ¥100,000 or more. However, Hozaki’s punishment was lightened, taking into consideration that he apologized directly to the player following the match.
///////////////////////////////////////////

Good too, on the face of it. But I will nit-pick this a little: It would have been nice to know what was said, and what constitutes “racist” in this context. But the fact that tolerance for this sort of behavior has gone way down, and is not being dismissed as mere “misunderstandings”, is a positive step.

Perhaps the Urawa Reds Case is in fact a watershed moment.  I just hope the lore doesn’t bleach out as many important facts of the case as it has the Otaru Onsens Case.  Dr. ARUDOU, Debito

Saitama’s Konsho Gakuen school, “Japanese Only” since 1976, repeals rule only after media pressure, despite prefecture knowing about it since 2012

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Hi Blog.  Significant news:  In addition to the bars, bathhouses, internet cafes, stores, restaurants, apartment rental agencies, schools, and even hospitals, etc. that have “Japanese Only” policies in Japan, the media has now publicized a longstanding case of a tertiary education institution doing the same.  A place called Konsho Gakuen (aka “Saitama Cooking College”, “Saitama Confectionary College” in brochures featured on NHK) in Kumagaya, Saitama Prefecture, offering instruction in cooking, nutrition, and confections, has since it opened in 1976 never accepted NJ into their student body.  This exclusion was even written in their recruitment material as a “policy” (houshin):

konshogakuenJapaneseOnlyhoushin

People knew about this.  A Peruvian student denied entry complained to the authorities in 2012.  But after some perfunctory scolding from Saitama Prefecture, everyone realized that nothing could be done about it.  Racial discrimination is not illegal in Japan.  Nobody could be penalized, and it was unclear if anyone could lose a license as an educational institution.

So finally it hits the media.  And after some defiance by the school (claiming to NHK below inter alia that they don’t want to be responsible for NJ getting jobs in Japan; how conscientious), they caved in after about a week and said that the policy would be reversed (suck on the excuses they offered the media for why they had been doing it up to now — including the standard, “we didn’t know it was wrong” and “it’s no big deal”).

Debito.org would normally cheer for this.  But the school is just taking their sign down.  Whether they will actually ALLOW foreigners to join their student body is something that remains to be seen (and the J-media is remarkably untenacious when it comes to following up on stories of racial discrimination).  When we see enrollments that are beyond token acceptances (or happen at all, actually) over the course of a few years, then we’ll cheer.  Dr. ARUDOU, Debito

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‘No foreigners allowed’ cooking school backtracks, will accept foreign applicants
May 23, 2014 Mainichi Japan, Courtesy of JK
http://mainichi.jp/english/english/newsselect/news/20140523p2a00m0na018000c.html

A private vocational school in Saitama Prefecture which had barred foreigners from enrollment has reversed course and will begin allowing foreign applicants for the 2015 academic year, the Mainichi has learned.

The Mainichi Shimbun reported in its May 23 morning edition that the Kumagaya, Saitama Prefecture-based Konsho Gakuen states explicitly in its student recruitment material that “foreigners cannot enroll. This is school policy. Please be aware that this school does not accept foreigners.” Konsho Gakuen, established in 1976, operates three schools, one each for cooking, nutrition and confections.

A school representative told the Mainichi that it was “not accepting press inquiries,” and that the school’s policy “is exactly what it says (in the pamphlet). Foreigners had better go somewhere else.” According to a source related to the education sector in the prefecture, the school was “worried there would be trouble if it had many students staying in Japan illegally.”

Meanwhile, the prefectural educational affairs department said that the same “no foreigners” passage was included in Konsho Gakuen’s materials for both academic 2013 and 2014. Furthermore, the prefecture had formally requested in January and August last year that the school “select students for admission fairly, based on ability and aptitude,” but that Konsho Gakuen had not responded.

At about 11 a.m. on May 23, after the story had appeared in that morning’s edition of the Mainichi Shimbun, Konsho Gakuen board chairman Akio Imai called the Ministry of Health, Labor and Welfare — which overseas cooking schools — to apologize, according to ministry sources.

Imai was quoted as saying, “Starting from this academic year’s entrance exams, we will begin accepting foreign applicants.” He also apparently said the no-foreigners passage in Konsho Gakuen’s student recruitment materials would be deleted.
ENDS

Original Japanese article:

埼玉の専門学校:外国人入学を拒否「開設以来の方針」
毎日新聞 2014年05月23日 07時45分, Courtesy of MS
http://mainichi.jp/select/news/20140523k0000m040129000c.html

来年4月の入学者向けに作られた埼玉県製菓専門学校の募集要項
調理師や栄養士を養成する埼玉県熊谷市の私立専門学校が、生徒の募集要項に「外国人の入学は出来ない」と明記していることが分かった。県が公正な選抜をするよう依頼したが、運営法人は「開設以来の学校の方針」として応じなかった。行政側に指導権限がないことから、差別的な取り扱いが是正されない状態が続いている。【奥山はるな】

外国人の受け入れを拒否しているのは、学校法人今昌学園(今井明巨理事長)が運営する埼玉県調理師専門学校と同栄養専門学校、同製菓専門学校の3校。書類選考と面接で入学者を決めているが、来年4月の入学者向け募集要項に「外国人の入学は出来ません。これは本校の方針です」と明記している。

今春や昨春入学分の要項も同様で、連絡を受けた県学事課は昨年1月と8月、法人に「本人の能力や適性をもって公正に選抜してほしい」と依頼したが応じなかった。

取材に対し、今井理事長は「(取材は)受けられない。理由はない」「募集要項にある通りだ。別の学校に行けばよい」と話したが、県内の教育関係者によると「不法滞在の学生が増えたら困る」と理由を説明しているという。

県学事課は「私学なので県が法的根拠をもって指導するのは難しいが、他校でこのような事例は聞いたことがない。誠に遺憾」と法人を非難。調理師などの養成機関として指定している厚生労働省関東信越厚生局は「外国人の入学について法令上の定めはなく、はっきり改善を求められない」とした。

文部科学省専修学校教育振興室は「教育基本法が定める教育の機会均等は外国人にも可能な限り適用されるべきだというのが通説で、不当な差別は望ましくない」とする一方で、「背景や事情があるのかもしれず個別具体的には判断できない」としている。

法人は1976年設立。県によると、3専門学校の在学者(5月1日現在)は調理師156人▽栄養140人▽製菓83人−−の計379人。

国籍による差別を巡っては、試合会場でサポーターが「JAPANESE ONLY」と書いた横断幕を掲げた問題で、3月にサッカーJリーグ1部の浦和レッズがリーグから処分を受けた

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

THE JAPAN TIMES, MAY 23, 2014, NATIONAL
School axes policy of barring foreigners
BY TOMOHIRO OSAKI STAFF WRITER
(excerpt of the bottom half of the article, full article at http://www.japantimes.co.jp/news/2014/05/23/national/school-axes-policy-of-barring-foreigners/

[…] When contacted by The Japan Times, Imai said he had decided to ditch the policy and said all three schools would start accepting applications from foreign students from the next academic year.

The decision came only a few months after an incident at a J. League soccer game fueled a nationwide debate about racial discrimination. At the game, fans of the Urawa Reds hung a banner above the stadium entrance declaring, in English, “Japanese Only.” The J. League punished the team for failing to remove the banner by forcing it to play its next home game in an empty stadium.

“I acknowledge that the (‘no-foreigner’ part) of our admission policy was terribly misleading,” Imai said without elaborating.

Imai said the remote location of his cooking schools in Kumagaya kept them somewhat isolated from the trends of globalization, making the mere thought of taking in foreign students “inconceivable.”

“I also acknowledge that we’ve had this fear about what would happen if we accepted foreigners. We’ve been afraid that there will be unpredictable consequence if we do,” Imai said without elaborating.

As for the no-foreigner policy, Imai said he never thought it would be considered discriminatory or xenophobic, despite warnings from the prefectural government, which has no authority to order a change in the private school’s policy.

“I thought other schools were doing the same, too,” he said.

After media pressure built, however, he spoke with the schools’ principals and decided Friday that he should make the admission policy “fairer” and bring it “up to date.”
ENDS

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

埼玉の専門学校が外国人の入学拒否
NHK 5月23日 12時14分, Courtesy of MS
http://www3.nhk.or.jp/news/html/20140523/k10014668071000.html (with video)

埼玉の専門学校が外国人の入学拒否
調理師などを養成する埼玉県熊谷市にある専門学校が生徒の募集要項に、「外国人の入学はできません」と記載して入学を断っていたことが分かり、埼玉県は運営する学校法人に改善を指導しましたが、これまでに応じていないということです。

この専門学校は、埼玉県熊谷市にある学校法人「今昌学園」が運営する調理師や栄養士などの専門学校3校です。

埼玉県によりますと、おととし11月、これらの専門学校の生徒の募集要項に「外国人の入学はできません」と記載されていると外部から指摘があり、県が調べたところ外国人の入学を断っていることが分かりました。

埼玉県は外国人の入学を認めないのは不適切だとして、学校法人に対し、能力や適性に基づいた公正な入学試験を行うよう口頭や文書で繰り返し改善を指導したということです。

これに対し、学校法人は「設立以来の学校の方針だ」として指導に応じていないということです。
「今昌学園」の役員はNHKの取材に対し、「外国人を受け入れないのは就職まで面倒をみることができないためで、昭和47年の設立以来受け入れていない」と話しています。

厚生労働相「調査し適切に対応」

この専門学校を調理師免許を取るための養成施設として指定している田村厚生労働大臣は、「差別的な扱いがあるとすれば望ましくない。どうして拒否しているか背景をしっかり調査したうえで、適切に対応したい」と述べ、学校関係者から聞き取り調査を行い、指導を行うかどうか検討する方針を示しました。

文部科学相「拒否は大変遺憾」

下村文部科学大臣は「外国人であることで差別があってはならない。意欲や能力、志がある人に対しては日本人、外国人を問わずチャンスを提供するべきで外国人という理由で入学を拒否することは大変遺憾だ。埼玉県に適切に指導してもらいたい」と話しました。
ENDS

Counterdemos against racist rally by Zaitokukai in Osaka Nanba May 11, 2014: Brief on emerging narratives fighting fire with fire

mytest

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Hi Blog. For a change (compared to these videos for example here, here, and here), have a look at Japan’s xenophobic public rallies from the perspective of anti-racism protesters. This is from May 11, 2014, a counter-rally against Zaitokukai in Osaka Nanba, drowning out Zaitokukai spokesman Sakurai Makoto. Good stuff.


https://www.youtube.com/watch?v=pYhK-7Lc1qw
Courtesy http://shitback.tumblr.com

A couple of things I’ve noticed within the emerging narratives of Japan’s xenophobic demos:

  1. The use of the word “reishisuto” (racist) both in Japanese and English, and the pat use of “sabetsu“, to get their point across. This way the narrative doesn’t split between the Newcomers and the Oldcomers, as discrimination towards these two groups is very different. But counter-demonstrator DO bear signs that say “jinshu sabetsu“, or racial discrimination. Good. Looks like the Urawa Reds fans’  “Japanese Only” banner last March finally cracked that rhetorical nut.
  2. The use of the word “shame” (haji) once again to express displeasure, but no signs saying how NJ are residents too and such deserve rights.  As I’ve argued before, until we make that connection, there’s still a layer of “othering” going on here.
  3. The use of the same rough language and simple drowning out of xenophobic messages through noise and chant. Fighting fire with fire.
  4. The popularization of the “f*ck you finger” (aka “The Bird”, not in common use in Japan in my experience until now).

Other videos of demos and counter demos are welcome in the Comments Section. No doubt there will be more. I’m just glad that people are finally and firmly speaking out against these issues. Dr. ARUDOU, Debito

Asahi: ‘Japanese Only’ banner at soccer stadium a microcosm of discrimination in Japan (E&J)

mytest

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Hi Blog.  Big news this week I hadn’t gotten around to blogging was Monday’s front-page story in the Asahi Shinbun, about Japan’s “Japanese Only” signs, with a sizable chunk of the article devoted to the research that Debito.org has done on them.

It made a huge splash in the media.  So much so that TV Asahi will be doing a segment on it on Sunday during their show『報道ステーションSUNDAY』(毎週日曜日10時~11時45分)for being one of the Asahi’s most viewed online articles of the week. So switch it on and have a watch. Anyone want to record the segment for replay on Debito.org?

Here’s the article from the English version of the Asahi (significantly different from how it appeared in Japanese), followed by the original Japanese.  Have a read.  And thank you, everyone, for reading and supporting Debito.org.  Dr. ARUDOU, Debito

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

AsahiJapaneseOnly0428141

 ‘Japanese Only’ banner at soccer stadium a microcosm of discrimination in Japan

April 28, 2014, AJW: THE ASAHI SHIMBUN
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201404280062

A “Japanese Only” banner at a professional soccer game made international headlines and led to unprecedented penalties. But such signs are not new in Japan, and some have even appeared at tourist hotspots.

It is true that some signs like these have been put up by people who genuinely dislike citizens of other countries. But many others say they had no intention to be discriminatory, and that their “Japanese Only” displays stem from the language barrier and problems with foreign customers unaware of Japanese rules and customs.

Two apparent reasons why these signs keep showing up is a general sense of apathy among the public and a lack of understanding at how offensive the words can be for foreigners in Japan.

That behavior was evident on March 8 at Saitama Stadium, where a large “Japanese Only” banner was set up at an entrance to seats at the Urawa Reds’ home opener.

A 33-year-old company employee from Tokyo asked security guards to tell the soccer team to remove the banner. It remained on display throughout the game.

“Even though it was clearly discriminatory, people did not notice, or they just ignored it because they did not want to become involved,” the man said. “The stadium on that day may have been a microcosm of Japanese society today.”

The man said responsibility should be shared by those who displayed the banner, as well as the team and fans who ignored the banner. He also blamed himself for lacking the courage to remove it.

The J.League penalized the Urawa Reds over the banner by requiring it to play a match at an empty Saitama Stadium.

The Urawa Boys Snake, the group that made the banner, along with other fan groups that regularly cheer the Reds behind the goal, were disbanded.

The offending banner was apparently planned well in advance.

In February, a member of the Snake fan group tweeted: “We may have to take matters into our own hands and further worsen Japan-South Korea relations.”

Hours before the March 8 match, three members of the group, intoxicated, brought in a white cloth measuring 70 centimeters high and 2.5 meters wide. They put the cloth on the concrete and spray-painted “Japanese Only” in black letters. The banner was set up beside a Hinomaru national flag.

Why was the banner set up?

The small amount of information still left on the Internet led to a college student, who said he was a Snake member but denied any involvement in the creation of the banner.

At his Tokyo campus in mid-April, the student, in his 20s, said he joined the group when he was in senior high school. He said there were about 20 members, including company employees and civil servants.

The student said he gradually began disliking China and South Korea because of the jeering from their fans at soccer matches.

“Their cheers are clearly ‘anti-Japanese,’” the student said. “It is obvious to anyone who attends the games.”

The Reds fans considered the area behind the goal as their domain, and some wanted to keep foreigners out of that space, the student said.

Although nationalistic emotions are common at sporting events, “Japanese Only” signs have appeared in areas of Japan that are geared toward tourists from overseas.

On Christmas Day in 2013, a 25-year-old American on his third trip to Japan visited the Imperial Palace and the popular Sensoji temple in Tokyo’s Asakusa with a Japanese senior high school student. The two became friends when the student was studying in the United States.

On that day, the American said he wanted to eat “tendon,” tempura placed over a bowl of rice, so they waited in line for five minutes at a well-known tempura restaurant in the Asakusa area.

However, the American noticed the “Japanese Only” sign at the entrance and asked what it meant. They eventually decided not to enter.

After business one day, the owner of the restaurant explained the purpose of the sign.

“It only applies when we are busy,” the owner said. “We have no intention of discriminating.”

The owner explained that the sign was put up mainly because of trouble caused by groups of Chinese tourists who stepped on the tatami mats with their shoes on or who ventured up to the second floor without asking permission.

“If we have to close business because of public hygiene problems, we will be the ones facing trouble,” the owner said. “Who will take responsibility when that happens?”

The owner, who received a phone call saying the sign was inappropriate, showed a new sign that will be displayed at the entrance. It says, “Japanese Language Only.”

Debito Arudou, 49, who was born in the United States but became a naturalized Japanese in 2000, has carefully followed the display of such signs for more than a decade.

Arudou said he found more than 50 examples from around Japan of signs saying “Japanese Only” or “Foreigners are not allowed.” They were posted at a pachinko parlor in Hokkaido, bars in Gunma, Aichi and Hiroshima prefectures, a real estate agency in Osaka and a karaoke shop in Okinawa.

Arudou, who wrote his doctoral dissertation about discrimination in Japan at the University of Hawaii, asked whether the Japanese have ever imagined how many foreigners have been hurt by such words.

His interest in discrimination in Japan began in 1999, when he was teaching at a private university in Hokkaido. He was denied entry to a hot spring in Otaru, which he visited with his family.

In 2001, he filed a lawsuit seeking compensation from the hot spring operator and the Otaru municipal government. The following year, the Sapporo District Court found the “Japanese Only” sign posted at the hot spring to be discriminatory.

Whenever he found such signs in other areas of Japan, Arudou talked to the owners to ask their reasons. Some said foreigners made other customers nervous, while others claimed foreigners did not abide by Japanese manners. Half of the owners refused his request to take down their signs.

A bar in Kobe displayed a sign that said “Japanese People Only,” but removed it after receiving advice from a stranger.

“A very kind individual told me that the sign was not appropriate,” said the 51-year-old owner.

Kobe is home to many foreigners because consulates and universities are located in the area.

“There were fights or rowdy customers so I decided to ban those who did not speak Japanese since I was not fluent in English,” the owner said.

Two years ago, the owner received an e-mail from a Japanese he did not know, saying the sign should be changed.

“I never thought it could be taken as discriminatory,” the owner said.

After removing the “Japanese Only” sign, the owner placed a new sign in English that laid out the bar rules, including the various prices charged.

“I was lazy even though I knew that something could have been done if I just spoke to the customers,” the owner said. “Nationality is irrelevant when it comes to loud or rowdy customers.”

Both Japanese and foreigners now frequent the bar.

ENDS

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

ORIGINAL JAPANESE

「ジャパニーズオンリー」店にも 貼り紙に傷つく外国人
朝日新聞 2014年4月28日07時17分

http://digital.asahi.com/articles/ASG4R6SBPG4RUTIL04W.html?_requesturl=articles/ASG4R6SBPG4RUTIL04W.html&iref=comkiji_txt_end_s_kjid_ASG4R6SBPG4RUTIL04W
AS20140427001051SaitamaJapaneseonly
埼玉スタジアムに掲げられた「JAPANESE ONLY」の横断幕=サポーター提供

キックオフの2時間前。酒に酔った30代の男たちが、1階通路に集まっていた。3月8日午後2時すぎ、快晴の埼玉スタジアム。Jリーグ浦和レッズのサポーター集団「ウラワボーイズ・スネーク」の3人だ。本拠地開幕戦だった。

縦70センチ、横2・5メートルの白い布と、スプレー缶を持ち込んでいた。コンクリートの床に敷き、黒い文字で、英語を吹き付けた。

JAPANESE(ジャパニーズ) ONLY(オンリー)

午後4時前。ゴール裏の観客席は、浦和のユニホームを着た熱心なサポーターで、真っ赤に染まっていた。席の出入り口に、3人はつくったばかりの横断幕を掲げた。隣には、日の丸が掲げられていた。

「同じ言葉だ」

6日後、東京都内の高校3年金居弘樹さん(18)は新聞の写真に目を奪われた。3人の横断幕で、浦和に無観客試合の処分が下されたと報じていた。

3カ月ほど前、浅草で「Japanese Only」を目にしていた。

クリスマスの日。アメリカ留学時に親友となった米国人男性(25)に、東京を案内していた。日本びいきで3度目の来日。皇居、浅草寺、仲見世通り……。お昼どき、友は「天丼が食べたい」と英語で言った。

老舗(しにせ)の天ぷら屋へ。寒空の下、5分ほど並び、店に入ろうとした時、友がささやいた。「どういうことだ」。視線の先には引き戸に貼られたA4ほどの紙。「Japanese Only」と書かれていた。

「やめたほうがいいかな」。悲しげな友の表情。ショックで、何と返事したのか、覚えていない。入らずに帰宅して、思った。

「オリンピックを開く東京が、これでいいのか」

茨城県常総市に住む日系3世のペルー人男性(31)も同じ経験をした。4月5日。昼の行列に並び、その紙に気づいた。一緒にいた日本人の友人が、真意を尋ねようと店に入った。

数分後。「信じられない」と怒りもあらわに、友人は戻ってきた。「日本に来て6年以上。日本が好きでマナーも文化も分かる。こんなことが放置されているのに失望しました」

記者が店を訪ねてみると、観光客の列の先に、その貼り紙はあった。

「忙しい時だけ。差別のつもりはないよ」

閉店後、片付け中の店主に声をかけた。白い調理服姿で店の外へ出てくれた。

「貼り始めたのは、だいぶ前」「はっきり言って中国人だよ。団体客に困ってたんだ」「土足で畳に上がったり、勝手に2階に上がったり。衛生面で営業停止になったら困るのはうちだ。誰が責任をとってくれるんだい」。早口で話した。

貼り紙に気づいた人から「不適切ではないか」と電話で注意も受けたという。

「こっちの立場にもなってほしいよ」。そう言い、一枚の紙を記者に見せた。

Japanese Language Only

「日本人だけ」が「日本語だけ」になった。

「これからは、これ貼るから。もういいだろ」

店の奥へ引き返した。

元私立大教員の有道(あるどう)出人(でびと)さん(49)=米ハワイ州在住=は10年以上、日本での人種差別を研究してきた。米国出身。2000年に日本国籍を得ている。

「Japanese Only」「Foreigners are not allowed」。北海道のパチンコ店、群馬のパブ、愛知のクラブ、大阪の不動産屋、広島のバー、沖縄のカラオケ店……。いたる場で、「外国人お断り」を意味する看板や案内を確認した。その数、50以上。

「あちこちにあるこの言葉が、どれだけの外国人を傷つけているか。想像したことはありますか?」

■「今の日本社会の縮図かも」

「日韓関係を俺たちがさらに悪化させるしかねーだろ」。埼玉スタジアムに「JAPANESE ONLY」の横断幕を掲げた「スネーク」。メンバーの一人が2月、ツイッターで、そうつぶやいていた。

ネット上に残された数少ない記録をたどると、東京都内の20代の男子大学生に行き着いた。4月中旬。その学生は、ビル群に囲まれたキャンパスを歩いていた。声をかけた。横断幕を掲げたのか、と。

「自分じゃないですよ」。記者をにらみつけた。「メンバーでしたけど」

少しずつ口を開き始めた。スネークには、高校時代から参加していること。会社員や公務員、大学生などがいる20人程度のグループであること。スタジアムで知り合った人が大半で、結束は強かったこと――。

中国や韓国での試合にも駆けつけた。相手サポーターからブーイングが飛ぶこともあった。次第に、中韓が嫌いになった。

「向こうの応援は『反日』をがんがんやってくる。行けばわかりますよ」。口調が強くなった。

ゴール裏は自分たちの「聖地」だ。「外国人を退けようとする空気は、ほかのメンバーにもあった」

元リーダーの男性(40)にも会った。埼玉県内の自治体の中間管理職。終業後の夕方、駅へ向かう男性に尋ねた。「あの日ゴール裏で応援していたが、横断幕には気づかなかった」。足早に、改札を抜けた。

日本から南東に約6200キロ。「米国籍を放棄した私が、ここでは外国人です」。有道(あるどう)出人(でびと)さん(49)がほほ笑む。米国のハワイ大学で、博士論文「日本の人種差別」をまとめた。

米国生まれの白人。北海道の私大の教員だった1999年、家族で訪れた小樽市の温泉で、入浴を拒否された。「Japanese Only」の表示があった。

2001年、店と小樽市に損害賠償を求めて提訴。札幌地裁は翌年、判決で「人種差別」と認定した。

日本全国で「外国人お断り」の情報を集め、経営者にわけを聞いた。「外人は不安を与える」「日本のマナーに従わない」。半数以上は撤去に応じなかった。

「Japanese People Only」と書いた紙を貼っているバーが、神戸市にあるという。今月18日夜、記者はJR三ノ宮駅近くの店を訪ねた。

しかし貼り紙が見当たらない。扉を開け、もう貼っていないのかと尋ねた。「親切な人がいてね。この表示はよくない、って教えてくれたんですよ」。男性オーナー(51)が答えた。

領事館や大学があり、外国人の客も多い土地柄。

「けんかしたり、騒いだり。こちらも英語が苦手だから、日本語が出来ない方をお断りしていた」

2年前、面識のない日本人から、正すべきだとメールが届いた。「差別だなんて、思ってもみなかった」

店の前に貼っていた紙を外し、代わりにチャージ料金など店のルールを英訳し、貼り付けた。「話せば何とかなるのに、さぼっていた。騒ぐとか暴れるとかに国籍は関係ないよね」

ミラーボールが回り、ソウルミュージックが流れる店には今、夜ごと日本人と外国人が集っている。

「スネーク」は横断幕を張り出した数日後、解散した。ゴール裏で応援を共にした11のサポーターグループも解散を決めた。

あの日、横断幕は最後まで掲げられていた。試合中に気づき、警備員を通じてクラブに外すよう求めたサポーターもいた。東京都内の会社員男性(33)はその一人だ。掲げた人、見過ごした観客やクラブ、はがせなかった自分。男性はそれぞれに責任があると思う。

「明らかな差別なのに気づかない。あるいは面倒だから放置する。あの時のスタジアムは、今の日本社会の縮図なのかもしれない」

ENDS

Suraj Case: Tokyo District Court finds “illegal” excessive force, orders GOJ restitution to family of NJ killed during deportation (contrast with UK case)

mytest

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Hi Blog. Some moderately good news also came down the pipeline a few days ago, when the Suraj Case of police brutality and death in detention was drawn to a conclusion in Civil Court.  The Tokyo District Court faulted the GOJ with “illegal” excessive force, and doled out restitution of a paltry sum of about USD $50,000 for a man’s life.  Hokay.  For many (unless there is an appeal), that means case closed.

It’s good that somebody was found fault with.  Up until now, Japan’s Immigration Bureau got away with a clear case of cold-blooded murder of a NJ being manhandled by overzealous authorities.  However, this was a decision that took place in CIVIL Court, not Criminal, meaning no criminal penalty has been applied to Suraj’s killers.

Contrast this with a very similar murder case that just came down in the UK:  The Mubenga Case.  Same time line (an excruciatingly slow four years), same class of human being as far as the developed countries see it (a dark African man from Ghana/Angola), and same killing while in official custody.  Except in the UK case, you get arrests, a charge of manslaughter, and killers’ names made public.  In other words, the System in the latter case is less likely to protect individuals for their excesses, which is the much better deterrent for them to do this brutal act again.  Thus we’re more likely to see Surajs happen than Mubengas, since Japan’s criminal prosecutors decided not to pursue Suraj’s case at all.  And so the Suraj Case remains Japan’s shame, and should be a deterrent for future immigrants to come to Japan:  In Japan’s overall criminal system of “hostage justice”, an overstayed visa may become a capital offense.  Arudou, Debito

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Officials faulted in death of Ghanian
Court rules immigration used ‘Illegal’ force on deportee
BY TOMOHIRO OSAKI, STAFF WRITER
THE JAPAN TIMES, MAR 19, 2014

In a landmark verdict, the Tokyo District Court on Wednesday ruled that immigration officials were responsible for the death of a Ghanaian man they were forcibly deporting in 2010.

Finding that the officials “illegally” used excessive force to subdue Abubakar Awudu Suraj aboard a plane, the court ordered the government to pay about ¥5 million to his Japanese wife and his mother, who lives in Ghana.

The pair had sought more than ¥130 million in damages, arguing that Suraj, who was 45 at the time, suffocated while being subjected to abuse.

It’s the first time a court has ordered immigration officials to pay damages for the death of a foreigner they mistreated.

Caught overstaying his visa in 2006, Suraj was ordered deported. In March 2010, accompanied by a group of immigration officials, he was taken aboard a private jet at Narita airport.

Prior to takeoff, officials bound his arms and legs, stuffed a towel in his mouth and bent him forcibly forward, cutting off his air supply. They said later they were concerned Suraj might put up a violent struggle.

“Their effort to restrain him crossed the line to such an extent it can never be defended as necessary and reasonable,” presiding Judge Hisaki Kobayashi said, slamming their act as “dangerous” and “illegal.”

Rest of the article at http://www.japantimes.co.jp/news/2014/03/19/national/officials-faulted-in-death-of-ghanian/

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

Contrast this with what happened on about the same time line line with an incident in the UK:

Jimmy Mubenga: three G4s guards to be charged with manslaughter
CPS says Stuart Tribelnig, Terry Hughes and Colin Kaler will be charged over 2010 death of Mubenga at Heathrow airport
theguardian.com, Thursday 20 March 2014 08.26 EDT, courtesy of SendaiBen
http://www.theguardian.com/uk-news/2014/mar/20/jimmy-mubenga-death-three-g4s-guards-charged-manslaughter

Jimmy Mubenga died after being restrained by the three guards on board a plane at Heathrow airport in October 2010.
Three G4S guards are being charged with manslaughter following the death of a man as he was being deported from the UK.

Jimmy Mubenga, 46, died after being restrained by the three on board a plane at Heathrow airport in October 2010.

On Thursday the Crown Prosecution Service said the guards, Stuart Tribelnig, 38, Terry Hughes, 53, and Colin Kaler, 51, would be charged with manslaughter.

Malcolm McHaffie, deputy head of CPS special crime, said: “There is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute Colin Kaler, Terrence Hughes and Stuart Tribelnig.”

Mubenga’s wife, Adrienne Makenda Kambana, said: “My children and I have waited a long time for this decision. We hope the CPS will now move this case forward quickly. We feel like we are another step closer to getting justice for Jimmy.”

The three guards were arrested following Mubenga’s death but in 2012 the Crown Prosecution Service decided not to bring any charges against them.

That decision was reviewed following an inquest into Mubenga’s death last year in which a jury returned a verdict of unlawful killing following an eight-week hearing.

McHaffie said: “We have completed a fresh review of all of the evidence relating to the death of Jimmy Mubenga, including the new evidence arising from the inquest, and decided that three men should be prosecuted for manslaughter.”

The CPS said it had decided not to prosecute G4S for corporate manslaughter.

“We have concluded that there is insufficient evidence to prosecute G4S for either offence and, due to the fact that related proceedings are now active, it would be inappropriate to comment further,” it said in a statement.

Mubenga and his wife came to the UK in 1994. His family says that as a student leader in Angola he had fallen foul of the regime and was forced to flee. After a protracted legal battle he was granted exceptional leave to remain and he and Kambana moved to Ilford in Essex, where they set up home with their five children.

In 2006 Mubenga was convicted of actual bodily harm and sentenced to two years in prison following a brawl in a nightclub.

After serving his sentence he was transferred to an immigration detention centre and the process to deport him began.

On Thursday the family’s solicitor, Mark Scott, welcomed the CPS’s decision to prosecute the guards, adding: “It has been a three-and-a-half year struggle for the family to get to this point and they hope to get on with their lives once this final challenge is met.”

The three guards are due to appear at Westminster magistrates court on 7 April.

Solicitors for the three said they would be vigorously denying the charges. A statement on behalf of Hughes, Kaler and Tribelnig said: “My clients are very disappointed with the CPS’s decision, having previously been told after a very lengthy police investigation that no charges would be brought against them. They will be vigorously denying these charges in court.”

Deborah Coles, co-director of the Inquest campaign group, which has supported Mubenga’s family, said the CPS’s decision “reiterates the importance of legal aid for families to be represented at inquests”.

“It is legal aid that ensured a robust examination of all the evidence, which has ultimately resulted in today’s welcome decision. The cuts to legal aid mean that cases like this in the future may well not receive this kind of scrutiny.”
ENDS

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

More press:

Court slams ‘illegal’ restraint in death of Ghanaian deportee, orders compensation

AJW/Asahi Shimbun, March 19, 2014

By TSUYOSHI TAMURA/ Staff Writer

http://ajw.asahi.com/article/behind_news/AJ201403190089

The Tokyo District Court blasted the “illegal” restraint methods used by immigration officials that led to the death of a Ghanaian national who was being deported four years ago and ordered the central government to pay about 5 million yen ($49,000) in compensation to his family.

Abubakar Awudu Sraj, 45, died on March 22, 2010, aboard an aircraft at Narita Airport.

His 52-year-old Japanese wife sued the central government, demanding 130 million yen in compensation.

On March 19, the Tokyo District Court declared that Sraj’s death was due to suffocation caused by illegal methods of restraint used by immigration security guards and ordered the payment of compensation.

Hiroshi Komai, professor emeritus at the University of Tsukuba specializing in international sociology, said the verdict highlighted the lack of human rights awareness in the Immigration Bureau.

“The Justice Ministry should seriously accept the verdict and make every effort to prevent a recurrence,” Komai said. “The whole world will be watching to see what it does.”

Sraj’s widow felt a sense of vindication.

“I believe that my husband, in exchange for his life, brought to light an issue for Japanese society,” she said.

The Tokyo District Court verdict said immigration officials used restraints on a man who was putting up very little resistance.

“The (act of restraining) was illegal because the possible danger far outweighed the need and appropriateness for such restraint,” Presiding Judge Hisaki Kobayashi said in the verdict.

The restraints used violated internal regulations at the Justice Ministry.

According to a report compiled by the Justice Ministry, Sraj’s hands and ankles were cuffed, and he was gagged with a towel as several security guards carried him onto the aircraft. Those guards then pushed Sraj’s back, forcing him to hunch forward in his seat.

Both of his wrists were further bound to his belt with a plastic band.

The district court accepted that version of events, and said that while Sraj showed indications that he did not want to be deported before he was placed on the plane, once aboard he showed little resistance.

“Breathing restrictions due to the gag and the limitations on movement of the chest and diaphragm caused by being forced into a posture of having his face near his knees led to breathing difficulties that caused death by suffocation,” the verdict said.

The court rejected the central government’s argument that Sraj died due to heart problems, and that the method of restraint had no causal relationship with his death.

At the same time, the district court also recognized that Sraj repeatedly said he did not want to board the plane while he was being taken to it. The court said such remarks led to the judgment that Sraj was partly responsible for having to be forcibly restrained.

For that reason, the court decided that the central government only had to pay half the damages incurred by Sraj’s death.

The Ghanaian first arrived in Japan in 1988 on a short-stay permit. After working in factories, he was arrested in 2006 for immigration law violations.

Following his death, the Chiba prefectural police sent papers to prosecutors for 10 security guards on suspicion of causing death through violent acts by government workers. However, in July 2012, the Chiba district public prosecutors office decided not to indict any of the 10 individuals.

Sraj’s bereaved family members are considering asking the prosecution inquest committee to take up the matter.

An official with the Immigration Bureau at the Justice Ministry said, “We will decide on what steps to take after sufficiently considering the contents of the verdict.”

The verdict comes almost four years to the day of Sraj’s sudden death. His widow still has not come to terms with the senseless way in which he was taken from her.

“My husband was not treated as a human,” she said.

During the trial, lawyers for the central government argued that Sraj put up fierce resistance as he was being deported.

However, the video shown by officials of the Chiba district public prosecutors office to his family showed a calm Sraj walking on his own two feet. Security guards carried him onto the plane.

“The primary goal of the guards was to carry out the deportation, so they likely did not think they were dealing with another human,” Sraj’s widow said.

She first met Sraj in 1988, and they began living together the following year. They married in 2006. The Tokyo District Court rescinded a deportation order for Sraj in 2008 on the grounds the couple was legally married.

However, the Tokyo High Court the following year overturned the lower court ruling on the grounds that because the couple had no children and because the wife worked, there was no pressing need for her to have a husband.

Sraj said at that time that foreigners could not win in Japan.

The restraints used against Sraj were widely criticized. The Ghanaian Embassy filed a protest with the government. The British magazine Economist said Japanese society was avoiding the issue.

In its annual report on the human rights situation in nations around the world, the U.S. State Department called the restraining methods used in Japan cruel and inhumane.

The Justice Ministry regulations said that only handcuffs and rope could be used to bind individuals. While ankle cuffs were not allowed, Sraj was cuffed on both his hands and ankles. The plastic band used on Sraj’s hands was also prohibited and towels were not allowed to be used as gags.

However, when the Immigration Bureau released the results of its investigation into the case in 2012, it said Sraj was a “special case” that permitted the use of such devices.

Despite defending the methods used, the Immigration Bureau subsequently revised its internal regulations. Those now clearly state that ankle cuffs are prohibited. New regulations also call for videotaping as much as possible when deporting individuals to allow for a visual record.

After Sraj’s death, the Immigration Bureau stopped deporting individuals against their will.

However, from July 2013, the bureau began chartering planes for forced deportations of individuals in groups, a major change from the past practice of deporting individuals one at a time on commercial flights.

Human rights groups have criticized the resumption of deportations without consent on the grounds the life and the will of the deportees are being ignored.

ENDS

Briefly interviewed by BBC Radio program “BBC Trending”: “Scrubbing anti-foreigner scribbling from Tokyo’s Streets”, March 16, 2014

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Hi Blog. Unrelated to the big flap last weekend about the Urawa Reds “Japanese Only” Saitama Stadium Banner issue, I was interviewed by the BBC regarding anti-NJ messages and the public backlash against the xenophobes. Since I’m not an expert on Zainichi issues, I gave a bit more background on how Visible Minorities are treated in the following segment:

BBC World Service
BBC Trending, March 16, 2014
“Scrubbing anti-foreigner scribbling from Tokyo’s streets”
Segment duration: 9 minutes
http://www.bbc.co.uk/programmes/p01v2y22
Courtesy of the BBC.

My bit comes in between 14:45 and 15:53, but please listen to the whole segment; it’s a decent article.

I’m very happy that people are charting racist graffiti using Google Maps. Kinda like what Debito.org has done for more than a decade with its Rogues’ Gallery of Exclusionary Establishments, complete with map to substantiate visually how widespread the issue has become.

Bravo. Make a record, and make it permanent, because the only way we’re going to show that a problem exists (and is getting worse) is by not letting racists become historical deniers. ARUDOU, Debito

Urawa “Japanese Only” Soccer Banner Case: Conclusions and Lessons I learned from it

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Hi Blog.  Let’s sew this issue up:

LESSONS OF THE URAWA “JAPANESE ONLY” SOCCER STADIUM BANNER CASE OF MARCH 8, 2014

Urawajapaneseonlysideview030814

What happened this week (see my Japan Times column on it a few days ago) is probably the most dramatic and progressive thing to happen to NJ in Japan, particularly its Visible Minorities, since the Otaru Onsens Case came down with its District Court Decision in November 2002.

In this decision, a Japanese court ruled for only the second time (the first being the Ana Bortz Case back in October 1999) that “Japanese Only” signs and rules were racial discrimination (jinshu sabetsu).

It did not call it discrimination instead based on “ethnicity” (minzoku), “nationality” (kokuseki), outward appearance (gaiken), or some kind of “misunderstanding” (gokai), “ingrained cultural habit” or “necessary business practice” (shuukan no chigai, seikatsu shuukan, shakai tsuunen, shikatsu mondai etc.).  All of these claims had merely been excuses made to ignore the elephant in the room — that more invidious racialized processes were involved.

But in the Urawa “Japanese Only” Soccer Stadium Banner Case, the word jinshu sabetsu reappeared in the terms of debate, and we may in fact have witnessed a watershed moment in Japan’s race relations history.

BACKGROUND ON WHY THIS MATTERS: The following is something I wanted to get into in my last column, but I lacked the space:

After studying this issue intensely since 1999, and doing a doctoral dissertation on it, I can say with confidence that using the abovementioned alternative language is the normal way the Japanese media and debate arenas obfuscate the issue — because jinshu sabetsu is what other countries do (most common examples of racial discrimination taught in Japanese education are the US under Segregation and South African Apartheid), NOT Japan. As I wrote in my column on Thursday, Japan sees itself as a “civilized country”; rightly so, but part of that is the conceit that real civilized countries don’t engage in “racial discrimination” (and since allegedly homogeneous Japan allegedly has no races but the “Japanese race“, and allegedly no real minorities to speak of, Japan cannot possibly engage in biologically-based “racial discrimination” like other heterogeneous societies do).

So admitting to actual racial discrimination within Japan’s borders would undermine Japan’s claim to be “civilized”, as far as Japan’s elites and national-narrative setters are concerned. Hence the determined resistance to ever calling something “racial discrimination”.  Further proof:  In my extensive research of the Otaru Onsens Case, where I read and archived hundreds of Japanese media pieces, only ONE article (a Hokkaido Shinbun editorial after the Sapporo High Court Decision in  September 2004) called it “jinshu sabetsu” as AS A FACT OF THE CASE (i.e., NOT merely the opinion of an expert or an activist, which meant for journalistic balance the “opinion” had to be offset with the opinions of the excluder — who always denied they were being racial, like the rest of Japanese society).  It’s systematic.  We even have prominent social scientists (such as Harumi Befu) and major book titles on discrimination in Japan that steadfastly call it only “minzoku sabetsu“, such as this one:

nihonnominzokusabetsucover

where I had to fight to get my chapter within it properly entitled “jinshu sabetsu“:

nihonnominzokusabetsu002

No matter how conscientious the scholar of minority issues in Japan was, it was never a matter of jinshu.

Until now.  That has changed with the Urawa “Japanese Only” Stadium Banners Case.

FINALLY CALLING A SPADE A SPADE

Get a load of what Murai Mitsuru, Chair of the J. League, said after some initial hemming and hawing:

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

“There are various ways of determining what constitutes discrimination.  But what is important is not so much why discrimination occurs, but how the victim perceives it and in this case, the acts must be considered nothing short of discriminatory.

“Over the last several days through the media and on the Internet, these acts have had unexpected social repercussions both domestic and abroad, and it is clear that they have damaged the brand of not just the J-League but of the entire Japanese football community.

“With regards to Urawa Reds, they have had repeated trouble with their supporters in the past and the club have previously been sanctioned for racist behavior by their fans.”

“While these most recent acts were conducted by a small group of supporters, it is with utmost regret that Urawa Reds — who have been with the J-League since its founding year in 1993 and who ought to be an example for all of Japanese football — allowed an incident like this to happen.”

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

It’s the speech I would want to give.  He cited a record both past and present to give the issue context.  He said that stopping racist behavior was integral to the sport and its participants.  And he acknowledged that it was the victims, not the perpetrators, who must be listened to.  Well done.

Then he issued the stiffest punishment ever in Japanese soccer history, where Urawa would have to play its next match to an empty stadium (their games are some of the best attended in Japan), which really hurts their bottom line. Better yet, it ensures that Urawa fans will now police each other, lest they all be excluded again. After all, even stadium management let the sign stay up for the entire game:

urawajapaneseonlybanner030814
Courtesy of the Asahi Shinbun.  Note the staff member guarding the full gate, behind Urawa’s goal posts.  Note also the Rising Sun flags.

It also looks like those racist fans will also be banned indefinitely from Urawa games, and stadium staff may too be punished.  Bravo.

More important, look how this issue was reported in Japanese (Mainichi Shinbun):

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

8日に埼玉スタジアムで行われたサッカーJリーグ1部の浦和−鳥栖戦の試合中、会場内に人種差別的な内容を含む横断幕が掲げられた問題で、Jリーグの村井満チェアマンは13日、浦和に対し、けん責と、23日にホームの同スタジアムで開催される清水戦を無観客とする処分を科すと発表した。Jリーグでの無観客試合の処分は初めて。

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

with jinshu sabetsu included AS A FACT OF THE CASE.

And then look how the issue spread, with the Yokohama Marinos on March 12 putting up an anti-discrimination banner of their own:

showracismtheredcard031214

And Huffpost Japan depicting jinshu sabetsu AGAIN as a fact of the case:

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

横浜マのサポーターがハーフタイムに「Show Racism the Red Card」(人種差別にレッドカードを)

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

The incentives are now very clear.  Discriminate, and punishment will be public, swift, meaningful, and effective.  And others will not rally to your defense — in fact, may even join in in decrying you in public.  Excellent measures that all encourage zero tolerance of jinshu sabetsu.

LESSONS

However, keep in mind that this outcome was far from certain.  Remember that initially, as in last Sunday and Monday, this issue was only reported in blurbs in the Japanese and some English-language media (without photos of the banner), with mincing and weasel words about whether or not this was in fact discrimination, and ludicrous attempts to explain it all away (e.g., Urawa investigators reporting that the bannerers didn’t INTEND to racially discriminate; oh, that’s okay then!) as some kind of performance art or fan over-exuberance.  At this point, this issue was going the way it always does in these “Japanese Only” cases — as some kind of Japanese cultural practice.  In other words, it was about to be covered up all over again.

Except for one thing.  It went viral overseas.

As Murai himself said, “these acts have had unexpected social repercussions both domestic and abroad, and it is clear that they have damaged the brand of not just the J-League but of the entire Japanese football community“.  In other words, now Japan’s reputation as a civilized member of the world’s sports community (especially in this age of an impending Olympics) was at stake.  Probably FIFA was watching too, and it had only two months ago punished another Asian country (China/Hong Kong) for “racial discrimination” towards towards Filipino fans.  In this political climate, it would be far more embarrassing for Japan to be in the same boat as China being punished from abroad.  So he took decisive action.

This is not to diminish Murai’s impressive move.  Bravo, man.  You called it what it is, and dealt with it accordingly.

But I believe it would not have happened without exposure to the outside world:  Gaiatsu (outside pressure).

After all these years studying this issue, I now firmly believe that appealing to moral character issues isn’t the way to deal with racism in Japan.

After all, check out this baby-talk discussion of this issue in Japan’s most prominent newspaper column, Tensei Jingo, of March 13, 2014:

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

Tokyo’s Shinagawa Ward is starting a project called “A shopping district with people who understand and speak a little English.” I like the part that says “a little.” Shinagawa will be the venue for some of the events during the 2020 Tokyo Olympics. The ward came up with the idea as a way to welcome athletes and visitors from abroad.

Why “a little”? Few Japanese can confidently say they can speak English. Many more think they can perhaps speak “a little” English. According to Kiyoshi Terashima, the ward official in charge of the project, it is aimed at encouraging such people to positively try and communicate in English. The ward will ask foreigners to visit the stores so that attendants there can learn how to take orders and receive payments using English.

Writer Saiichi Maruya (1925-2012) vividly depicted the trend of 50 years ago when Tokyo hosted the Summer Olympics for the first time. Just because we are having the Olympics, “there is no need to stir up an atmosphere that all 100 million Japanese must turn into interpreters,” he wrote. The quote appears in “1964-Nen no Tokyo Orinpikku” (1964 Tokyo Olympics), compiled by Masami Ishii. I wonder if we can be a little more relaxed when Tokyo hosts the Olympics for the second time.

Warm smiles are considered good manners in welcoming guests. By contrast, I found the following development quite alarming: On March 8, a banner with the English words “Japanese Only” was put up at the entrance to a stand at Saitama Stadium during a soccer game.

Posting such a xenophobic message is utterly thoughtless to say the least. This is not the first time. In the past, an onsen bathhouse in Otaru, Hokkaido, put up a sign that said “no foreigners” and refused the entry of some people, including a U.S.-born naturalized Japanese man. The Sapporo District Court in 2002 ruled that the action was “racial discrimination” and ordered the bathhouse to pay damages to the plaintiffs for pain and suffering.

Hate speech against foreigners is another example. Hostility is becoming increasingly prevalent and Japanese society is losing its gentleness. Are we a society that denies and shuts its doors to people or one that welcomes and receives them? Which one is more comfortable to live in? Let us learn to be more tolerant toward each other; for starters, if only by just a little.

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

That’s the entire article.  Asahi Shinbun, thanks for the mention of me, but what a twee piece of shit! It devotes half of the column space to irrelevant windup, then gives some necessary background, and summarily ends up with a grade-school-level “nakayoshi shimashou” (let’s all be nice to one another, shall we?) conclusion. The theme starts off with “a little” and ends up thinking “little” about the issue at hand.  They just don’t get it.  There’s no moral imperative here.

Contrast that to Murai’s very thoughtful consideration above of how the victims of discrimination feel, how racists must not be given any moral credibility or leniency from punishment, and how anti-racism measures are not merely an honor system of tolerance towards each other.  Correctamundo!  One must not be tolerant of intolerance.  But after all this, even Japan’s most prominent leftish daily newspaper just resorts to the boilerplate — there is neither comprehension or explanation of how discrimination actually works!

When will we get beyond this dumbing down of the issue?  When we actually have people being brave enough to call it “racial discrimination” and take a stand against it.  As Murai did.  And as other people, with their banners and comments on the media and other places, are doing.  Finally.

CONCLUSION:  IT AIN’T OVER UNTIL WE GET A LAW CRIMINALIZING THIS BEHAVIOR

I do not want to get people’s hopes up for this progress to be sustainable (after all, we haven’t seen the full force of a potential rightist backlash against Murai yet, and the Internet xenophobes are predictably saying that too much power has been given up to the Gaijin).  We are still years if not decades away from an anti-RACIAL-discrimination law with enforceable criminal penalties (after all, it’s been nearly twenty years now since Japan’s signed the UN CERD treaty against racial discrimination, and any attempt to pass one has wound up with it being repealed due to pressure from alarmists and xenophobes!).

But at least one thing is clear — the typical hemmers and hawers (who initially criticized my claim that this is yet another example of racial discrimination) are not going to be able to claim any “cultural misunderstanding” anymore in this case.  Because Urawa eventually went so far as to investigate and make public  what mindset was behind the banner-hoisters:

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

Japan Times:  “The supporters viewed the area behind the goal as their sacred ground, and they didn’t want anyone else coming in,” Urawa president Keizo Fuchita said Thursday as he explained how the banner came to be displayed in the stadium.

“If foreigners came in they wouldn’t be able to control them, and they didn’t like that.”

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

Wow, a fine cocktail of racism, mysticism, and power, all shaken not stirred, spray-painted into this banner.  Which goes to show:  In just about all its permutations, “Japanese Only” is a racialized discourse behind a xenophobic social movement in Japan.  If it looks like a duck and quacks like a duck…  And if and only if people in authority will allow the quack to be properly heard and the quacker LABELED as a duck, then we’ll get some progress.

But chances are it won’t be, unless that quack is also heard outside of Japan.  After waiting more then ten years for somebody to call the “Japanese Only” trope a matter of jinshu sabetsu again, finally this week the fact that jinshu sabetsu exists in Japan has been transmitted nationwide, with real potential to alter the national discourse on discrimination towards Visible Minorities.  But it wouldn’t have happened unless it had leaked outside of Japan’s media.

Conclusion:  Gaiatsu is basically the only way to make progress against racial discrimination in Japan.  Remember that, and gear your advocacy accordingly.  ARUDOU, Debito

Japan Times JUST BE CAUSE Col 73, “J.League and Media Must Show Red Card to Racism” on Saitama Stadium “Japanese Only” Urawa Reds soccer fans, Mar 13, 2014

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Hi Blog and JT Readers.  Thanks again for putting this article top of the JT Online for two straight days again! ARUDOU Debito

ISSUES| JUST BE CAUSE
justbecauseicon.jpg
J.LEAGUE AND MEDIA MUST SHOW RED CARD TO RACISM 
JBC Column 73 for the Japan Times Community Page
To be published March 13, 2014
By ARUDOU Debito
Courtesy http://www.japantimes.co.jp/community/2014/03/12/issues/j-league-and-media-must-show-red-card-to-racism/
Version with links to sources

Urawajapaneseonlysideview030814

On Saturday, during their J. League match against Sagan Tosu at Saitama Stadium, some Urawa Reds fans hung a “Japanese only” banner over an entrance to the stands.

It went viral. Several sports sections in Japanese newspapers and blogs, as well as overseas English media, covered the story. The banner was reportedly soon taken down, and both the football club and players expressed regret that it had ever appeared. Urawa investigated, and at the time of going to press Wednesday, reports were suggesting that the club had decided that the banner was discriminatory, reversing a previous finding that the fans behind the incident had “no discriminatory intent.”

So case closed? Not so fast. There is something important that the major media is overlooking — nay, abetting: the implicit racism that would spawn such a sign.

None of the initial reports called out the incident for what it was: racial discrimination (jinshu sabetsu). News outlets such as Kyodo, Asahi, Mainichi, Yomiuri, AP, AFP, Al-Jazeera — even The Japan Times — muted their coverage by saying the banner “could apparently be considered/construed/seen as racist.” (Well, how else could it be construed? Were they trying to say that “only the Japanese language is spoken here”?) Few ran pictures of the banner to give context or impact.

Japanese media appended the standard hand-wringing excuses, including the cryptic “I think the meaning behind it is for Japanese to pump up the J. League,” and even a reverse-engineered claim of performance art: “I think it was just tongue-in-cheek because the club is not bolstering the team with foreign players.” (Oh, and that’s not prejudiced?)

The Internet buzzed with speculation about the banner’s intent. Was it referring to the fact that Urawa was allegedly fielding a Japanese-only team for a change (notwithstanding their Serbian coach)? Or were the bleachers to be kept foreigner-free?

Doesn’t matter. “Japanese only” has long been the exclusionary trope for Japan’s xenophobes. The phrase came to prominence in 1999 in the Otaru onsen case, which revolved around several public bathhouses in Otaru, Hokkaido, that refused entry to all “foreigners” based on their physical appearance (including this author, a naturalized Japanese). Later, exclusionary businesses nationwide copycatted and put up “Japanese only” signs of their own. “Japanese only” is in fact part of a social movement.

The upshot is, if you don’t “look Japanese,” you are not welcome. That’s where the racism comes in. Why should the Urawa banner be “construed” any differently?

The better question is: Why does this language keep popping up in public places? I’ll tell you why. Because Japan keeps getting a free pass from the outside world.

Just look at Japan’s sports leagues and you’ll find a long history of outright racism — excluding, handicapping and bashing foreigners (even the naturalized “foreigners”) in, for example, sumo, baseball, hockey, rugby, figure skating, the Kokutai national sports festivals and the Ekiden long-distance races. So much for a sporting chance on a level playing field.

Nevertheless, Japan keeps getting rewarded with major international events, such as the FIFA World Cup in 2002, the Rugby World Cup in 2019, and the Olympics in 2020. So be as racist as you like: There’s no penalty.

Anyplace else and soccer governing body FIFA would probably take swift action to investigate and penalize offenders in line with its policy of zero tolerance for racism, as has been done in the past, most recently in China. In January, the Hong Kong Football Association got fined for shirking its responsibility to stop racial discrimination against Filipino supporters by Hong Kong national team fans during a “friendly” match.

The Urawa Reds incident is still fresh. I await FIFA’s reaction (if any) with anticipation. But after more than two decades of watching this stuff — and even doing a doctoral dissertation on it — I’m not hopeful.

After all, Japan is not China. The developed world sees Japan as their bulwark of democracy in Asia, and is willing to overlook one very inconvenient truth: that a racialized narrative in Japan is so commonplace and unchallenged that it has become embedded in the discourse of race relations. Foreigners are simply not to be treated the same as Japanese.

People often blame this phenomenon on legal issues (foreigners are not treated exactly the same as citizens anywhere else either, right?) but the pachyderm in the parlor is that the practical definition of “foreigner” is racial, i.e., identified by sight. Anyone “looking foreign” who defied that Urawa banner and entered that stadium section would have gotten — at the very least — the stink-eye from those (still-unnamed) xenophobes who put it up. What other purpose could the banner possibly serve? In any case, it has no place under official FIFA rules.

Make no mistake: “Japanese only” underscores a racialized discourse, and the media should stop making things worse by kid-gloving it as some kind of cultural misunderstanding. It does nobody any favors, least of all Japanese society.

Consider this: As Japan’s rightward swing continues, overt xenophobia (some of it even advocating murder and war) is getting more vociferous and normalized. Not to mention organized: The Asahi Shimbun reported that in Tokyo’s recent gubernatorial election, about a quarter of the 611,000 people who voted for extreme-right candidate Toshio Tamogami, an overtly xenophobic historical revisionist, were young men in their 20s — a demographic also over-represented at soccer games.

Giving their attitudes a free pass with milquetoast criticism (J. League Chairman Mitsuru Murai said that he will act if the banner was proven to be “discriminatory” — meaning he could possibly find otherwise?) only encourages discriminatory behavior: Be as racist as you like; there’s no penalty.

Point is, the only way to ensure Japan keeps its international promises (such as by creating a law against racial discrimination, after signing the U.N. Convention on Racial Discrimination nearly 20 years ago!) is to call a spade a spade. As scholar Ayu Majima notes, Japan has a fundamental “perception of itself as a civilized nation,” an illusion that would be undermined by claims of domestic racism. Remember: Racism happens in other countries, not here.

(Source:  Ayu Majima, “Skin Color Melancholy in Modern Japan.”  In Kowner and Demel, Eds., RACE AND RACISM IN MODERN EAST ASIA.  Brill, 2013, p. 409.)

By always denying racism’s existence, Japan preserves its self-image of civilization and modernity, and that’s why calling out this behavior for what it is — racial discrimination — is such a necessary reality check. FIFA and media watchdogs need to do their jobs, so I don’t have to keep writing these columns stating the obvious. Stop abetting this scourge and show some red cards.

Arudou Debito is the author of the “Guidebook for Relocation and Assimilation into Japan” (www.debito.org/handbook.html) Twitter: @arudoudebito. Comments and story ideas: community@japantimes.co.jp
==============================

UPDATE:  A lot happened soon after this article came out; I believe some of it because.  You can read comments below for some updates, and see my separate blog entry for the conclusions and lessons I learned from it — that essentially you’re not going to get any progress on the human rights front by appealing to moral arguments, because Japan’s elites and national narrative-setters don’t really care about that.  What they really DO care about is Japan’s image abroad as a “civilized” country, and that is the only pressure point NJ have.

Papa John’s Pizza NY racism case 2012: “Lady chinky eyes” receipt gets employee fired

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Hi Blog.  Still deep into my project at the moment, so I’ll be brief.  Going into my Drafts folder once more, I uncovered this little gem of “Pinprick Protest” from more than two years ago — the Papa John’s “lady chinky eyes case” where an individual took action against another individual (representing a corporation) for a racial slur at a pizza chain, and through the pressure of public outrage and social opprobrium made somebody take responsibility.  As in getting that idiot fired for making the slur.

Not sure this would happen as successfully (or at all) in Japan — where the tendency would be to dismiss this as some kind of cultural/linguistic misunderstanding (or else — shake your head — claim that this differentiation was meant in a positive light; hey, we like chinky lady eyes/big gaijin noses etc., and there was no intention to discriminate).

The best example I can think of right now where social opprobrium worked was in the Otaru Onsens Case, where media pressure got two racist bathhouses to remove their signs.  Eventually.  The third bathhouse, of course, left their signs up.  And it took a court case to get theirs down.  And there are lots more exclusionary signs and rules around Japan, so social opprobrium clearly isn’t enough.

Anyway, here’s the story.  I cite this as a template for nipping discriminatory speech in the bud.  Arudou Debito

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

‘Lady Chinky Eyes’: Papa John’s Store Calls Woman Racial Slur In Receipt (PHOTO) (UPDATE)
The Huffington Post, Laura Hibbard
First Posted: 01/07/12 03:22 PM ET Updated: 01/08/12 12:08 AM ET

http://www.huffingtonpost.com/2012/01/07/lady-chinky-eyes-papa-johns-store-uses-receipt-to-call-woman-racial-slur_n_1191434.html

Minhee Cho went to Papa John’s for some fast food goodness. Little did she know, she would get it served with a side of racism.

At around 12:30 p.m. today, Papa John’s customer Minhee Cho tweeted a photo of a receipt she received at a Papa John’s restaurant in uptown, New York City.

In it, under the customer’s name section, the restaurant employee who rang up the order used the racial slur “lady chinky eyes” to describe her.

ladychinkyeyespapajohns2012
Minhee Cho @mintymin
Hey @PapaJohns just FYI my name isn’t “lady chinky eyes” http://t.co/RLdj2Eij
January 7, 2012 5:06 pm via Twitpic

Cho posted the photo to her Twitter page, where it was quickly retweeted by hundreds of people. By 3 p.m., the photo had been viewed over 25,000 times.

When The Huffington Post reached the Papa John’s in question for comment, the assistant manager — who only gave her first name as Marjani — said she was unaware of the incident.

“I apologize,” she said in a phone interview. “I’m sure they didn’t mean any harm but some people will take it offensive.” She added that she “had an idea of who it was,” based on the time of the receipt.

Marjani went on to say that this was the kind of behavior that would result in disciplinary action, but declined to go into further detail on what she planned to do.

Papa John’s has yet to respond to the incident in a statement or its Facebook and Twitter accounts, but with such a PR disaster on their hands, they most likely will soon.

UPDATE: Papa John’s has responded to the incident on Facebook. A post on its official page reads:

We were extremely concerned to learn of the receipt issue in New York. This act goes against our company values, and we’ve confirmed with the franchisee that this matter was addressed immediately and that the employee is being terminated. We are truly sorry for this customer’s experience.

The company has also addressed the matter on its Twitter feed, tweeting to multiple people that “We have issued an apology, are reaching out to customer & franchise employee is being terminated.”
ENDS

My Japan Times JUST BE CAUSE Column 72: “Don’t let ANA off the hook for that offensive ad”, Jan 25, 2014, “Director’s Cut”

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Hi Blog. Only a few days into the case of racialized advertisement from ANA, I got tapped by the Japan Times to cover it. Debito.org Readers and Facebook Friends certainly gave me plenty of food for thought, so thank you all very much. Here’s my more polished opinion on it, which stayed the number one article on the JT Online for two full days! What follows is the “Director’s Cut” with excised paragraphs and links to sources. Thanks as always for reading and commenting to Debito.org. Arudou Debito

JUST BE CAUSE
justbecauseicon.jpg

ISSUES | JUST BE CAUSE
Don’t let ANA off the hook for that offensive ad
BY  ARUDOU Debito
The Japan Times, JAN 24, 2014, Column 72 for The Community Pages
http://www.japantimes.co.jp/community/2014/01/24/issues/dont-let-ana-off-the-hook-for-that-offensive-ad/

Making headlines recently has been a commercial by ANA, one of Japan’s flagship airlines.  Released last Saturday, its 30-second spot shows two Asian men (one a comedian named Bakarizumu, but let’s call them A and B) standing at an airport window speaking English with Japanese subtitles.

(See the ad at debito.org/ANAHanedaAd2014.mp4.)

Looking out at the jets, A says, “Haneda Airport has more international flights nowadays.”  B replies, “Finally.”  Then their exchange goes, “Next stop, Vancouver.”  “Next stop, Hanoi.”  “Exciting, isn’t it?”  Then B says, rather oddly, “You want a hug?”  When A only gives him a nonplussed look, B continues, “Such a Japanese reaction.”  When A explains, “But I am Japanese,” B counters, “I see.  Let’s change the image of Japanese people.” And A, smiling broadly, agrees to it.

Alright so far.  Except that, as you can see in the picture below, A is now wearing a strapped-on long nose and a big blond wig.  Off they fly to their destinations.
ANAHanedabignose

This has occasioned considerable debate and media coverage.  Many commenters in the English-language online forums have called this advertisement “racist” (one even said “Debito bait”; I’m chuffed), and have made motions to take their business elsewhere.  Others have said the advertisement isn’t racist, just lame.  A few managed to find a deep pocket of latent irony, saying it’s actually poking fun at the Japanese people and their insular attitudes.  Meanwhile, within Japanese-language forums, according to a Yahoo Japan poll, 82% of respondents see no problem with it.

ANAYahooJapansurvey2014
http://polls.dailynews.yahoo.co.jp/other/10721/result
http://headlines.yahoo.co.jp/hl?a=20140120-00000038-jij_afp-bus_all)

(NB:  Note look how the question is worded. It introduces the issue by saying that a comedian (Bakarizumu) performed the act (read: it’s a joke!), and says that the complaints came “from foreigners” (read: not from Japanese) of “racial discrimination” (read: misleading representation of the issue). So we’ve set up the question as “we joking Japanese” vs “those kvetching foreigners” “taking a madcap jape” too seriously, and bingo, you get a vast majority of people wondering what the problem is.)

It probably comes as no surprise to you that JBC objects to this ad.  If ANA had really wanted to “change the image of Japan,” it should have avoided racializing their product.  Instead, it’s just business as usual.

Consider some other racist marketing strategies from not so long ago (visuals and reports archived at debito.org/?p=12077):

Last year, Toshiba marketed a bread maker with an obnoxiously overexuberant Japanese girl speaking katakana Japanese, wearing a blond wig and a big nose.  (Ad archived at debito.org/Toshibasuipanda.mp4.)

toshiba2013suipanda1

In 2010, Nagasaki Prefecture promoted its “foreign” buildings by showing Japanese tourists wearing—you guessed it—blond wigs and big noses.  (Ad archived at debito.org/?p=7523.)
nagasakitabinetto2

In 2005, Mandom sold men’s cosmetics with a Rasta-man motif, juxtaposing black people with a chimpanzee.  (Ad archived at debito.org/mandomproject.html.)
MandomAd2

Dare I mention the resurrection of book “Little Black Sambo” in 2005, which inspired overtly racist nursery-school songs in Saitama about black butts?  (See Matthew Chozick, “Sambo racism row reignites over kids’ play,” Zeit Gist, April 13, 2010.)
Sambooriginal

And how about the Choya plum saké commercials in 2008, featuring three girls (two Caucasian, one Japanese), the latter sporting a big plastic nose and stick-on paper blue eyes?  Although most of these ads were soon pulled after complaints, you can still go to Amazon Japan or Tokyu Hands and buy your own “gaijin” stick-on blue eyes and nose (with the caption “Harō Gaijin-San”) to sport at parties!

Har har.  Can’t you see it’s all just a joke, imbued with a deep sense of irony subversively directed at Japanese people?  Except that, as I’ve pointed out in JBCs passim, irony as humor is not one of Japan’s strong suits.

Moreover, remember when McDonald’s Japan was using a nerdy white guy to hawk newfangled burgers?  JBC argued (“Meet Mr. James, Gaijin Clown,” Sept. 1, 2009) that stereotyping of this nature only works as humor if, among other things, there is a “switch test” – i.e., everyone is fair game for parody.

But in Japan it’s not fair game.  Japanese society and media takes quick umbrage to being lampooned by the outside world, especially in a racialized manner.

Case in point:  To commemorate the publication of “Little Black Sambo,” I drew up a parody called “Little Yellow Jap” to put the shoe on the other foot (debito.org/chibikurosanbo.html).  I made the protagonist as stereotypically exaggerated as the ink-black gollywogs in the book:  bright yellow skin, round glasses, buck teeth, and clad in a fundoshi loincloth.  I pointed out on every page that this was a parody of Japan’s Sambo, and contextualized it with a full explanation in Japanese of why racialized books for children are bad.

Yet for years now in the Japanese version of Wikipedia’s entry on me, this parody is cited as an example of my “discrimination against Japanese.”  Clearly turnabout is not in fair play.

Or consider the case of British TV show QI (Philip Brasor, “Cultural insensitivity no laughing matter,” Media Mix Jan. 30, 2011, discussed here).  Producers were forced to apologize for a joke about a recently-deceased Japanese who in 1945 unluckily travelled to Nagasaki, after experiencing the first atomic bombing, to catch the second one.  A panelist had dryly quipped, “He never got the train again, I tell you.”

That’s not funny!  That’s insensitive.  And insulting!  And racist, according to the more unified online communities in Japan, backed up by protesting Japanese government officials, all of whom clearly understand irony.  (For the record:  I’m being ironic.  Please laugh.)

Back to ANA.  I bet the omnipotent gerontocracy at corporate headquarters didn’t think anything amiss (obviously; they approved the ad), because, as is often claimed in these situations, Japanese in fact “admire” (akogareru) white people.  This ad is, if anything, a paean.  After all, look at him!  He looks like Robert Redford, one of the prototypical kakkō-ii foreigners of our generation!  (They could do with a Brad Pitt update, I guess.)

In tepid apology letters, ANA uses the standard disclaimer:  “We didn’t mean to offend anyone.”  Okay.  And I’m sure many of your potential customers didn’t “mean” to be offended either.  But many were.  And if you have any pretentions to being an international company, you wouldn’t get in these sticky wickets in the first place.

(Two apology letters http://www.debito.org/?p=12077#comment-431421
http://www.debito.org/?p=12077#comment-431434
UK Independent on the apologies http://www.debito.org/?p=12077#comment-431419)

To be fair, this campaign was probably cooked up not by ANA, but by one of Japan’s advertising oligarchs (no doubt Dentsu, with nearly a third of Japan’s market share).  Anyone with an eye on the Japanese media knows how they make silly amounts of money on silly stereotypes (including the one that Japanese don’t hug), while reaffirming the binary between “Japan” and “the rest of the world.”

Nevertheless, ANA deserves its lumps, because reps simply don’t know what they’re apologizing for.  In fact, they clumsily reinforced the binary, stating in press releases that complaints have “mostly come from foreign customers” (as opposed to real customers?), before finally pulling the ad last Tuesday.

Now consider this:  Gerry Nacpil, Supervisor of ANA Sky Web, wrote in his apology: “The intention of this commercial was… to encourage Japanese to travel abroad more and become global citizens.”

So… “global citizens” equals White people?

Now the ad is even more problematic.

To quote a friend, in an open letter to ANA:

“Dear ANA:  Are you aware that most of your foreigner customers are from places like Seoul, Shanghai, Taipei, Hong Kong, Singapore, Manila, and Kuala Lumpur?  And that most of them probably don’t have blond/orange hair?  Oh, and even the ones with blond hair probably don’t have noses like a tengu goblin.  And pretty sure that Japanese people enjoy being hugged and have emotions.  Well, at least the Japanese who aren’t sticks-in-mud CEO boardroom types with no sense that the world doesn’t really resemble their 19th-century, ‘we are so different from you funny-looking white gaijin’ Meiji-Era mentality.

“Look forward to seeing your 2020 customers.  They may surprise you.  Sincerely, A Big-Nosed White Guy who speaks Japanese.”

Touché.  Look, Japan, if you want to host international events (such as an Olympics), or to have increased contact with the outside world, you’ll face increased international scrutiny of your attitudes under global standards.

For one of Japan’s most international companies to reaffirm a narrative that Japanese must change their race to become more “global” is a horrible misstep.  ANA showed a distinct disregard for their Non-Japanese customers—those who are “Western,” yes, but especially those who are “Asian.”

Only when Japan’s business leaders (and feudalistic advertisers) see NJ as a credible customer base they could lose due to inconsiderate behavior, there will be no change in marketing strategies.  NJ should vote with their feet and not encourage this with passive silence, or by double-guessing the true intentions behind racially-grounded messages.

This is a prime opportunity.  Don’t let ANA off the hook on this.  Otherwise the narrative of foreigner = “big-nosed blonde that can be made fun of” without turnabout, will ensure that Japan’s racialized commodification will be a perpetual game of “whack-a-mole.”

ENDS

Come back Brazilian Nikkei, all is forgiven!, in a policy U-turn after GOJ Repatriation Bribes of 2009

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Hi Blog.  In an apparent policy U-turn, the GOJ decided last week to lift the ban on certain South Americans of Japanese descent (Nikkei) from re-entering Japan.  This after bribing them to leave in 2009 so that they would not become an inconvenient unemployment statistic (not to mention that it was cheaper to pay their airfare than to pay them their social welfare that they had invested in over the decades, or pay them their pensions in future when reaching retirement age).

The reasons for this U-turn are being discussed in a recent Japan Times article, excerpted below.  The article speculates that a couple of embarrassing lawsuits and visa-denials might have tipped the GOJ’s hand (I for one doubt it; Japan’s visa regimes, as can be seen for example in its perennial stance towards refugees, are generally impervious to public exposure and international pressure).  I believe it was more an issue of the GOJ facing reality (as happened more than one year ago at the highest policymaking levels, where even the GOJ still maintained the stance that if immigration was an inevitability, they had better bring back people with Japanese blood; after all, the only ones in attendance were all Wajin and one token Nikkei).

Debito.org has spoken out quite hot-tonguedly about how ludicrous the Nikkei Repatriation Bribe was, not the least because of its inherently racialized paradigms (because they only applied to Nikkei — people who were also in even more dire financial straits due to the economic downturn, such as the Chinese and Muslim factory workers laboring in conditions of indentured servitude, were left to fend for themselves because they lacked the requisite Japanese blood).

So as a matter of course Debito.org cheers for the lifting of the ban.  But the Bribe and the Ban should never have happened in the first place.  So the GOJ can also take its lumps even if they are ultimately making the right decision.

Does this mean that the numbers of registered NJ residents of Japan will start to increase again?  I will say it could happen.  I stress: could, not will happen.  But if it did, that statistic, not any asset bubbles and transient stock-market numbers that people keep championing as the putative fruits of “Abenomics”, will be the real indicator of Japan’s recovery.   That is to say, if Japan ever regains its sheen as an attractive place to work for international labor, then an increase in Japan’s NJ population will cause and signal a true leavening of Japan’s economic clout and prowess.  But I remain skeptical at this juncture — as I’ve said before, the jig is up, and outsiders generally know that Japan has no intention or enforceable laws to treat immigrants as equals, no matter how much of their lives and taxes they invest.

At this time, I believe international migrant labor will continue to vote with their feet and work elsewhere.  So good luck with significant numbers coming to Japan even with this ban lifted.  Arudou Debito

==========================
Referential article:

Ban lifted on ‘nikkei’ who got axed, airfare
But Japanese-Brazilians must have work contract before coming back
BY TOMOHIRO OSAKI, The Japan Times OCT 15, 2013
EXCERPT:
In what could be a significant change in policy affecting “nikkei” migrant workers from Brazil, the government Tuesday lifted a ban on the return of Japanese-Brazilians who received financial help in 2009 to fly home when they were thrown out of work during the global financial crisis.

Ostensibly an attempt to help the unemployed and cash-strapped Latin American migrants of Japanese ethnic origin escape the economic woes here, the 2009 initiative offered each an average of ¥300,000 to be used as airfare. It eventually resulted in an exodus of around 20,000 people, including 5,805 from Aichi Prefecture and 4,641 from Shizuoka Prefecture.

Although some of the migrants were genuinely thankful for the chance to get out of struggling Japan and find jobs back home, others were insulted because accepting the deal also meant they couldn’t come back to Japan at least “for the next three years” under “the same legal status.” This was seen as an outrageous move by the government to “get rid of” foreign workers as demand for their services fizzled out.

The migrants were initially banned from re-entering Japan for an unspecified period of time, but after a storm of both domestic and international condemnation, the government eventually said it might green-light their return after three years, depending on the economy.

Rest at http://www.japantimes.co.jp/news/2013/10/15/national/ban-lifted-on-nikkei-who-got-axed-airfare/
ENDS

Good news: Japan Times Community Pages expanding from two-page Tuesdays to four days a week

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Hi Blog.  Good news.  With an imminent tie-up between The Japan Times and The New York Times, the Community Pages (which I have written for since 2002) will expand from its present two pages on Tuesday to four days a week.  The JT explains in more detail below.  Proud to be part of this writing crew.  We are the only English-language newspaper that is covering issues in this degree of depth in ways that matter to the English-reading NJ communities, and now we’re getting even more space.  Bravo.  Thank you to everyone for reading and encouraging this to happen.  — Arudou Debito, JUST BE CAUSE Columnist, The Japan Times

communityauthorsOct2013

justbecauseicon.jpg

 

Growing Community: the JT’s most talked-about section is about to get larger

From Thursday, Oct. 17, the Community pages will be expanding to four days a week from the present double-page spread on Tuesday and single Saturday page in the print edition. Here’s a taste of what to expect from mid-October:

Monday

Recognizing that a huge number of our readers work in the education sector, Monday’s main feature, Learning Curve, will focus on aspects of the teaching profession in Japan, from eikaiwa to JET and higher education.

Louise George Kittaka will continue to answer readers’ questions for Lifelines, with lawyers from the Tokyo Public Law Office’s Foreigners and International Service Section addressing legal issues on the second Monday of the month.

Learning-related listings and letters will also run Mondays.

Tuesday

Writers including David McNeill, Jon Mitchell and Simon Scott will continue to tackle the big issues for The Foreign Element.

Opinion pieces that in the past would have been published here will shift to Thursday’s page.

Views From The Street will be staying put, tapping the views of people around the country about everything under the rising sun.

Free listings related to causes and campaigns will feature on Tuesdays, as will feedback about the previous week’s columns.

Thursday

Debito Arudou’s Just Be Cause will appear on the first Thursday of the month, with Hifumi Okunuki’s Labor Pains on week two.

Oct. 17 will see the debut of Law Of The Land, a new column by legal expert Colin P.A. Jones.

Fourth (and fifth) Thursdays will offer an open space for opinion, to be called Foreign Agenda.

Readers will still have a forum to vent in Hotline to Nagata-cho.

Listings related to shared pursuits — from discussion groups to sports clubs — will run on Thursdays.

Saturday

Japan Times stalwarts Amy Chavez (Japan Lite) and Thomas Dillon (When East Marries West) will alternate week by week, offering their wry observations about life in Japan from the wilds of the Seto Inland Sea and Tokyo, respectively.

Saturday will continue to be the place to find out more about the diverse range of individuals that make up the foreign community of Japan, with personality profiles, reports on events and organizations, and the occasional embassy profile in Our Man/Woman In Tokyo.

Mixed Matches will focus on multicultural relationships, while Saturday’s listings will cover social and religious events.

ENDS

Kyoto District Court orders anti-Korean Zaitokukai to pay damages in first J court decision recognizing hate speech as an illegal form of racial discrimination

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Hi Blog.  Good news from the Japanese judiciary.  A lower court in Kyoto has finally ruled for the first time that a) hate speech exists in Japan, b) it is an illegal activity, subject to restriction, sanction, and penalty, and c) it is covered under international treaty (since Japan has no law against hate speech) such as the UN CERD.

That is a hat trick in terms of jurisprudence (on par with the Ana Bortz Case and the Otaru Onsens Case, although they were arguably more about issues of business and access to services than abstract concepts like freedom of speech).

Let’s hope a higher court does not overturn this.  But I think the zealous bigots at Zaitokukai are realizing they’ve gone too far and set a spoiler precedent. About time — when their followers advocate murder and massacre of an ethnic minority, I think that’s when even timorous Japanese judges, who are sensitive to media attention, have to draw a line somewhere.  Here’s where it was drawn.  Articles from the Mainichi/Kyodo and Japan Times follow.  Arudou Debito

PS:  And in case you find the title of this blog entry a bit odd:  Yes, there are legal forms of racial discrimination in Japan — the “rational” ones.  It takes a court to decipher which ones are “rational discrimination” (gouriteki sabetsu) and which aren’t.

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

Court orders anti-Korean activists to pay damages over hate speech

Mainichi Shinbun,Courtesy of JK
http://mainichi.jp/english/english/newsselect/news/20131007p2g00m0dm051000c.html

KYOTO (Kyodo) — The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging a demonstration during which they directed hate speech at the ethnic Korean community in Japan, banning them from staging further demonstrations.

It is the first court decision in connection with hate speech, which fans discrimination and hatred toward a certain race or minority, lawyers for the school said.
October 07, 2013 (Mainichi Japan)

Revised version:

Anti-Korean activists ordered to pay 12 million yen over hate speech demonstrations
October 07, 2013 (Mainichi Japan) Courtesy of MS
http://mainichi.jp/english/english/newsselect/news/20131007p2a00m0na016000c.html

KYOTO — The Kyoto District Court on Oct. 7 ordered anti-Korean activists to pay 12.2 million yen in damages for disrupting classes at a Korean school through a demonstration in front of the school in which they used loudspeakers to disseminate hate speech.

The court decision came after the operator of Kyoto Korean Primary School sued the “Zainichitokken o Yurusanai Shimin no Kai” (Zaitokukai), a citizens group against special rights for Koreans, and its former members, demanding 30 million yen in compensation and a ban on anti-Korean demonstrations within a radius of 200 meters from the school.

Presiding Judge Hitoshi Hashizume concluded that the group’s actions, including promoting its demonstrations on the Internet, aimed to fan discrimination and hatred toward Koreans living in Japan. It is the first court decision that recognized these anti-ethnic Korean demonstrations as a form of racial discrimination banned under the International Convention on the Elimination of All Forms of Racial Discrimination.

The ruling discussed if freedom of expression secured under the Japanese Constitution could apply to the Zaitokukai’s demonstrations from December 2009 to March 2010, during which group members delivered hate speeches using words such as “Kick Korean schools out of Japan!” and “You guys smell like kimchi” and “These students are children of spies!” through loudspeakers at the school in Kyoto’s Minami Ward.

The ruling is hoped to prevent similar anti-Korean hate speech-fuelled rallies held mainly in Tokyo’s Shin-okubo district and Osaka, and is expected to spark debate on laws and regulations against such movements.

Meanwhile, Zaitokukai’s vice chairman Yasuhiro Yagi said, “We’re disappointed that the legitimacy of our actions were denied. We’ll decide whether or not to appeal after studying the verdict.”

ENDS

Original Japanese story:

朝鮮学校授業妨害:街宣損賠訴訟 在特会街宣に賠償命令 「人種差別で違法」 朝鮮学校周辺、活動禁止−−京都地裁判決
毎日新聞 2013年10月07日 東京夕刊
http://mainichi.jp/select/news/20131007dde001040010000c.html

京都朝鮮第一初級学校(京都市)の校門前で行われた学校を中傷する大音量の街頭宣伝などヘイトスピーチ(憎悪表現)で授業を妨害されたとして、同校を運営する京都朝鮮学園(京都市右京区)が、「在日特権を許さない市民の会(在特会)」と元メンバーら9人を相手取り、3000万円の損害賠償と同校の半径200メートル以内での街宣活動禁止を求めた訴訟の判決が7日、京都地裁であった。橋詰均裁判長は在特会の街宣を「著しく侮蔑的な発言を伴い、人種差別撤廃条約が禁ずる人種差別に該当する」と認定した。

学校事業に損害を与えたとして在特会側に1226万円を支払うよう命じた。学校周辺の街宣活動についても請求通り禁止を命じた。いわゆるヘイトスピーチの違法性を認定したのは全国で初めて。裁判所が、ヘイトスピーチとして問題になっている特定の民族に対する差別街宣について「人種差別」と判断したことで、東京・新大久保や大阪で繰り返される在日コリアンを標的にした差別街宣への抑止効果が予想され、ヘイトスピーチの法規制議論を促すことになるとみられる。

判決は、2009年12月〜10年3月、在特会メンバーらが京都朝鮮第一初級学校(当時。現在は京都朝鮮初級学校=京都市伏見区=に移転)に押しかけ、「朝鮮学校を日本からたたき出せ」「何が子どもじゃ、スパイの子やんけ」などと拡声機で怒号を浴びせた演説について、憲法が保障する「表現の自由」の範囲内かどうかなどについて検討した。

橋詰裁判長は街宣やその映像をインターネットで公開した行為について「在日朝鮮人に対する差別意識を世間に訴える意図のもとに示威活動及び映像公開をしたものと認められ、人種差別に該当」と判断した。

朝鮮学校側の「民族教育権」が侵害されたとの主張については、言及しなかった。【松井豊】

◇子どもの励みに−−原告弁護団長

原告側の塚本誠一弁護団長は「同種の街宣事案について、強い抑止効果を発揮すると期待している。日本全国の朝鮮学校で学んでいる子どもたちの大きな励みになる」と話した。

◇認められず残念−−在特会副会長

在特会の八木康洋副会長は「我々の行為が正当であると認められなかったのは非常に残念。判決文を精査して控訴するかどうかを考えたい」と話した。

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

Mainichi Shinbun Editorial, courtesy of MS:

Editorial: Ruling that hate speech constitutes racial discrimination is rational
October 08, 2013 (Mainichi Japan)
http://mainichi.jp/english/english/perspectives/news/20131008p2a00m0na018000c.html

A recent court ruling that stated that any hate speech campaign targeting particular races and ethnic groups constitutes racial discrimination and is illegal should be regarded as a rational judgment. It is hoped that the ruling, the first of its kind, will lead to the prevention of hate speeches, which have been conducted in neighborhoods of Tokyo, Osaka and other regions where many Korean residents are living and has developed into a serious social problem.

The Kyoto District Court ordered members of Zaitokukai, or a citizens group that “does not tolerate privileges for Korean residents in Japan,” which organized one of such campaigns, to pay 12.26 million yen in damages to the operator of a pro-Pyongyang Korean school in Japan. The court also banned the group from engaging in such street propaganda campaigns.

In the ruling, the court concluded that the defendants obstructed the school’s business and defamed the plaintiffs by blaring through loudspeakers, “Descendents of illegal immigrants,” and “Destroy Korean schools,” and uploading the footage of the campaign online.

The district court went on to recognize that the defendants’ campaign falls under “distinction and exclusion based on race or ethnic origin,” which is banned under the International Convention on the Elimination of All Forms of Racial Discrimination. The court also expressed its view that the amount of compensation for any form of racial discrimination, such as the hate speech by Zaitokukai, is higher in accordance with the convention.

Zaitokukai claimed that it launched the campaign in question to protest against the school for using a neighboring park as a sports ground without permission from the Kyoto Municipal Government, which manages the park. However, the court ruled that regardless of whether Zaitokukai’s claim was true, the defendants’ campaign is illegal because it was obviously aimed at spreading a sense of discrimination against Korean residents throughout society. The court also dismissed Zaitokukai’s claim that its freedom to express political views should be protected, noting that the hate speech did not contain anything that served the common good and was nothing but an insult.

Freedom of expression is an important part of fundamental human rights. As such, the freedom to express opinions through demonstrations should be guaranteed. However, hate speeches could impair the dignity of Korean residents and other targets and foster prejudice against foreigners and exclusionism in Japan’s society.

In South Korea and China, these demonstrations in Japan are widely reported online, stirring anti-Japan sentiment. We must prevent such campaigns, launched by only a small portion of Japanese people, from contributing to the worsening of Japan’s relations with South Korea and China.

The International Convention on the Elimination of All Forms of Racial Discrimination, to which Japan is a party, has a clause requiring parties to punish those involved in hate speeches. Some European countries legally slap punishments on those involved in such campaigns.

However, Japan has reserved its ratification of this clause in the convention for fear that should it enact legislation imposing criminal punishment on those involved in such campaigns, it could lead to excessive controls on freedom of speech and other forms of expression. Actually, the latest ruling has demonstrated that existing legislation can control hate speeches.

The ruling highlighted the common sense of not tolerating discrimination based on race and ethnic origin. It is important to ensure social consensus to avoid any words and deeds that impair individuals’ dignity from taking form in Japanese society. Japan should improve its efforts through education and other means to nurture people’s notion of human rights.

ENDS
Original Japanese story:

社説:ヘイトスピーチ 差別許さぬ当然の判決
毎日新聞 2013年10月08日 東京朝刊

http://mainichi.jp/select/news/20131008ddm005070155000c.html

特定の人種や民族への憎しみをあおるヘイトスピーチ(憎悪表現)と呼ばれる言動の違法性を認める初めての司法判断が示された。東京や大阪などの在日韓国・朝鮮人が多く住む地域などで繰り返され、社会問題化しているこうした行為の歯止めにつながることを望みたい。

朝鮮学校を運営する学校法人が、「在日特権を許さない市民の会(在特会)」や会員らに損害賠償などを求めた訴訟で、京都地裁は1226万円の賠償を命じ、学校周辺での街宣活動も禁止した。「密入国の子孫」「朝鮮学校をぶっ壊せ」と怒鳴り上げ、その様子を撮影した映像をインターネット上で公開したことが業務を妨害し、名誉を傷つける不法行為と認めた。当然の判断だ。

判決はさらに、一連の言動が国連の人種差別撤廃条約が禁止する「人種や民族的出身などに基づく区別、排除」に該当すると認めた。このような差別行為であれば条約に基づき、損害も高額になるという判断も示した。

在特会側の街宣活動は、学校が隣接する公園を、管理者である京都市の許可を得ないまま運動場として使っていることを非難するものだった。しかし判決は、事実を示す内容が含まれていたとしても、在日朝鮮人に対する差別意識を世間に訴える意図があることは明らかで違法とした。演説も公益目的のない侮蔑的発言としか考えられないと述べ、「政治的意見を述べる自由は保護される」という在特会側の主張を退けた。

表現の自由は基本的人権の中でも重要な権利であり、デモによる意見表明は尊重されるべきだ。しかし、ヘイトスピーチは、攻撃の対象となる在日韓国・朝鮮人らの尊厳を傷つけ、外国人に対する偏見と排外主義的な感情も助長しかねない。

韓国や中国では、日本でのデモなどの様子がネット上で紹介され、反日感情を刺激している。一部の人たちの言動が日本と韓国や中国との関係悪化を助長することは避けなければならない。

日本も加盟する人種差別撤廃条約にはヘイトスピーチに対する処罰規定がある。ヨーロッパなどには刑事罰を科す国もあるが、日本はその部分を留保している。新たな法規制をすれば、表現の自由をおびやかし、行き過ぎた言論統制を招く恐れがあるためだ。判決は現行法でもヘイトスピーチに対応できることを示した。

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

Japan Times version (including the error that the Koreans make up Japan’s largest ethnic minority.  In fact, since 2007, the Chinese do; nigh time for lazy reporters to update their preconceptions):

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

Zaitokukai told to leave Korean school in Kyoto alone
Court bans rightists’ hate speech, rallies
KYODO, AP and The Japan Times OCT 7, 2013
http://www.japantimes.co.jp/news/2013/10/07/national/court-bans-rightists-hate-speech-rallies/

KYOTO – The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging demonstrations during which they used hate speech, and banned them from staging further rallies.

The landmark ruling acknowledged for the first time the explicit insults used in the rallies constituted racial discrimination, human rights experts said, and it could prompt a move to exempt hate speech from free-speech rights under the Constitution.

Presiding Judge Hitoshi Hashizume said the actions of Zaitokukai members and other activists who shouted hate-speech slogans near the school and posted video footage of the demonstrations online were “illegal.”

The actions “constitute racial discrimination as defined by the International Convention on the Elimination of All Forms of Racial Discrimination,” which Japan has ratified, Hashizume said.

Zaitokukai and the activists were ordered to pay about ¥12 million and banned from street demonstrations within a 200-meter radius of the pro-Pyongyang Korean school in the city of Kyoto. The operator of the school had sought ¥30 million in damages.

The operator filed the lawsuit in June 2010 against the group and eight activists for using hate speech on three occasions from December 2009 to March 2010 near Kyoto Chosen Daiichi Elementary School in Minami Ward.

The activists shouted slogans, such as “throw Korean schools out of Japan” and “children of spies,” through loudspeakers, disrupting classes and causing some students to complain of stomach pains, according to the suit.

The plaintiff argued that its right to receive “minority education” had been violated in seeking a ban on such demonstrations around the school, which has been consolidated with Kyoto Chosen Elementary School in Fushimi Ward since the incidents.

Several hundred thousand Koreans comprise Japan’s largest ethnic minority group, many of them descendants of forced laborers shipped to Japan during its brutal 1910-1945 colonial rule of the Korean Peninsula. Many still face discrimination.

Such rallies have escalated this year and spread to Tokyo and other cities with Korean communities amid growing anti-Korean sentiment. In street rallies held in major Korean communities in the Tokyo area, hundreds of group members and supporters called Koreans “cockroaches,” shouted “Kill Koreans” and threatened to “throw them into the sea.”

Zaitokukai defended its actions as “freedom of expression” and said they were intended to oppose the school’s installing of a platform for morning assembly without permission at a park that is managed by the city.

Four of the eight defendants have been convicted of forcible obstruction of business and property destruction in connection with the demonstrations, while the school’s former principal has been fined ¥100,000 for unauthorized occupancy of the park.
ENDS

Zakzak: Counterdemos against hate speech in Japan, now supported by Olympic fever

mytest

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Hi Blog.  Here’s some good news.  Finding a silver lining in Japan’s successful Olympics 2020 bid, here’s Zakzak reporting that Olympic fever has seized the groups protesting against the anti-Korean demonstrations happening in Tokyo:  They are blocking demonstrations and not wanting them to spoil Tokyo’s Olympics.  Well, very good.  Should think that as the time draws nearer the xenophobic elements within Japan’s ruling elites will be leaning on the rabid Rightists as well.  But it’s nice to see the Grassroots doing it for themselves.  May it become a habit.  Arudou Debito

新大久保、大荒れ 嫌韓ヘイトスピーチ

2013.09.09  Zakzak.co.jp,  Courtesy of MS

http://www.zakzak.co.jp/society/domestic/news/20130909/dms1309091209002-n1.htm

olympiccounterdemos090913
嫌韓デモに対し、路上に寝転んで抗議する人たち=8日(東京・新大久保)【拡大】

 韓流の街、東京・新大久保(新宿区)で8日、在日コリアンに対するヘイトスピーチ(憎悪表現)デモが行われ、対抗するグループが「オリンピックの邪魔をするな」と激突。逮捕者が出るなど荒れに荒れた。

デモが行われたのは、韓流ショップなどが立ち並ぶ新大久保付近の商店街。「在日特権を許さない市民の会(在特会)」などの主催で、旭日旗を掲げた一団が「オリンピックおめでとう」「日韓断交」と声を上げながら練り歩いた。

対抗するグループは「ここは東京。オリンピックをやるところだぞ」「日本の恥」などと訴え、集団で車道に寝転び「帰れ」「デモ中止」と叫んで妨害し、警察に排除される場面もあった。

また、同日午後0時20分ごろ、大久保(新宿区)の路上で、在特会が用意した横断幕(時価約5000円相当)を破ったとして、警視庁新宿署は器物損壊の現行犯で男を逮捕。同署によると、男は黙秘し、氏名も不詳という。

ENDS

Racist 2013 Toshiba commercial for product APB-R100X, SuiPanDa combination ricecooker/breadmaker

mytest

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Hi Blog. A bit of a racist slam-dunk today. World-class company Toshiba seems to think that domestic commercials will only be seen within the putatively hermetic Japanese domestic market. And that there are no people in Japan who might take offense at being racially caricatured.

toshiba2013suipanda1

The advertised product in question:  A rice cooker that can also double as a bread maker — Toshiba SuiPanDa Model APB-R100X.  The issue:  Gaijinizing the user to promote bread consumption.  As submitter RS put it:

====================================
Hello Debito, I’m not sure if you have seen this commercial or not, but perhaps you may be interested in it.

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

UPDATE: (Link is now dead, but video archived at Kotaku.com here, thanks:)
http://kotaku.com/toshiba-commercial-called-racist-606881529

And if you want your own copy, here’s the ad in mp4 format:
http://www.debito.org/Toshibasuipanda.mp4

It’s clearly racist, and even kind of seems like the minstrel shows in the US in the 1800’s (which were incredibly racist). It’s pretty unbelievable that this commercial seems to be new, and is from such a major corporation…
====================================

Just in case it gets taken offline, some stills, for the record:

toshiba2013suipanda2 toshiba2013suipanda3 toshiba2013suipanda4 toshiba2013suipanda5 toshiba2013suipanda6

Note the accented speech rendered in katakana subtitle for the Gaijinized Japanese actress, complete with blond hair, appended big nose, and overexuberant gestures and speech patterns.  Not to mention the dichotomous stereotype that people who eat bread (as opposed to potatoes or some other kind of starch) are automatically “Western” (youfuu).

COMMENT: Well, to me, not so unbelievable. Debito.org has collected a veritable rogues’ gallery of  Japanese commercials and product lines that use biological memes of racism to hawk product — some of which were taken off the air when people protested (click on photos for more information):
vibesumadara3
nagasakitabinetto2
blackmelonpan
090813mrjamesfull
Sambooriginal
MandomAd2

Of course, you are welcome to protest this as well. Here’s the Toshiba website with the product in question:
http://www.toshiba.co.jp/living/kitchen_appliences/abp_r100x/

And here’s Toshiba’s online feedback: https://www.livingdoors.jp/csqa/form.php
Phone and Fax numbers here: http://www.toshiba.co.jp/csqa/contact/support/living_sonota/index_j.htm#contactInfoArea

Many Japanese advertisers just never seem to learn.  It’s up to us to tell them.  Arudou Debito

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

UPDATE JUNE 29: Here are two other commercial spots for other Toshiba products, featuring the same businesswomen actresses in the same vein, but without the racialization. As a friend pointed out elsewhere, “Toshiba could have communicated the same message more effectively by interviewing a master baker or some other expert.”

Courtesy of Kotaku. Note that in these videos, these people are co-workers who know each other. Gaijinized in the breadmaker commercial, she’s an unknown stranger. Once again, Gaijin are the perpetual “Other” who don’t belong, even with all the NJ working for Japanese corporations.

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

UPDATE TWO: Toshiba is clearly aware that this commercial is problematic because they’ve immediately removed it from their website.

http://www.toshiba.co.jp/eco/ch/homebakery/index_j.htm

That’s kinda funny.  A world-class electronics company thinking that it can just remove their racist advert without comment, retraction, or apology, and that would be it?  Not very media- or tech-savvy, are they?

Download your own copy from Debito.org in mp4 format, for posterity.
http://www.debito.org/Toshibasuipanda.mp4

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

UPDATE THREE:  Even funnier, Toshiba’s racist advertisement goes against its own Corporate Standards of Conduct!

toshibacorppolicyadvertising2013

 

14. 広告活動
2. 東芝グループ役員・従業員の行動基準
3. 政治、宗教等については広告表現の対象とせず、また、人種差別、心身障害者差別等を想起させ、人間の尊厳を傷つけるような表現を用いません。
http://www.toshiba.co.jp/csr/jp/policy/soc.htm#SOC01_14

Good news: GOJ signs Hague Child Abductions Treaty. Bad news: GOJ will probably caveat its way out of ever following it

mytest

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Hi Blog.  I have some good news to report.  After years of pressure on the GOJ to act like its fellow advanced societies in terms of divorce and child custody, Japan earlier this week signed the Hague Convention on Child Abductions.  Good.  I will comment more after the BBC article:

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

Japan votes to adopt child abduction treaty

22 May 2013 BBC News

Japan's Upper House members approve the international treaty Hague Convention after an unanimous vote at the National Diet in Tokyo on 22 May 2013
Japan’s parliament voted unanimously to approve the treaty

Japan’s parliament has voted to adopt an international treaty on child abductions, after years of pressure from Western countries.

The 1980 Hague Convention sets out procedures for handling cross-border child custody disputes.

Japan is the only country out of the Group of Eight industrialised nations (G8) yet to ratify the convention.

Its policies have been blamed for making it easy for Japanese mothers to remove children from foreign fathers.

Parents who have had their children abducted and taken to Japan by ex-spouses have describe the country as a “legal black hole” into which their children disappear, the BBC’s Rupert Wingfield-Hayes reports from Tokyo.

In February, Japanese Prime Minister Shinzo Abe expressed his support for the treaty after meeting US President Barack Obama.

The upper house of parliament voted to join the treaty on Wednesday. The lower house, which is more powerful, approved the treaty last month.

The government will ratify the treaty after finalising domestic procedures, including setting up a central authority responsible for locating abducted children and helping parents settle out of court where possible.

Japan says it aims to ratify the treaty by March 2014.

Divorced abroad

The 1980 Hague Convention on the Civil Aspects of International Child Abduction aims to protect the rights of both parents in custody cases.

“When I said I wanted to see [my daughter] on weekends, the judge and the attorneys in the room laughed” — Paul Toland, US Navy Commander

It seeks to ensure that custody decisions are made according to the laws of the country which provided the first residence for the children.

Under the convention, children who are taken away by a parent following a marriage breakdown must be returned to the country where they normally reside, if requested by the other parent.

However, campaigners say little will change until Japan reforms its own archaic divorce laws, our correspondent reports.

Japan’s family courts normally grant custody to one parent – traditionally the mother – after a divorce.

That parent is under no obligation to give the other parent access to the child, and it is not unusual for one parent to be cut out of their children’s lives forever.

There have been more than 200 international custody cases involving Japan. Many involve cases of Japanese nationals – married to non-Japanese nationals – who were divorced abroad taking their children back to Japan, despite joint custody rulings.

One high-profile case is that of US Navy Commander Paul Toland, who lost custody of his daughter Erika after his marriage with his Japanese wife broke down.

“The [family] court completely avoided any discussion regarding visitation with Erika,” he said in a statement in 2009.

“When I said I wanted to see Erika on weekends, the judge and the attorneys in the room laughed.”

He was unable to regain custody after his ex-wife killed herself – instead, his daughter now lives with her maternal grandmother, who Cdr Toland said in his 2009 statement had refused to allow access.

In 2010, the ambassadors of 12 countries, including the US, UK, Australia and Germany, signed a joint statement urging Japan to adopt the 1980 Hague Convention.

However, critics of the convention have previously argued that it could make it harder for Japanese women to flee abusive relationships abroad.

ENDS

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

COMMENT:  I don’t want to dismiss this development out of hand, because Japan doing this is a step in the right direction (after all, if even after this I had nothing good to say, then what would EVER count as good news on Debito.org?)  But as I have argued before, I think it’s been signed because enough time has passed for caveats to be put in place — so that the home team will rarely lose a custody case in Japan (furthermore, part of the argument for signing has been that Japanese would have a stronger footing overseas to pursue custody cases in Hague signatory countries — again, benefiting the home team in either case).  After all, the normalized portrayal in Japanese media of NJ as violent spouses, and Japanese as victims (particularly wives, even though they are the great minority in international marriages) has expanded Japan’s definition of “Domestic Violence” to even simple heated arguments.  Fight with your J-wife anytime and lose your kids. The deck is stacked.

Let me quote one submitter:  “From May 13’s Japan Times.  A series of articles hammering home what will evidently be Japan’s final word on the subject, that Japanese fleeing countries abroad are doing so to protect their kids and themselves from angry, violent, abusive foreign husbands.  Cue standardized quotes from proclaimed “expert on the issue” Kensuke Onuki as well as lawyer Mikiko “I was for the convention but now I see it conflicts with Japanese culture” Otani and a slew of heart-wrenching stories of Japanese wives fleeing abusive marriages (one claiming that had Japan been party to the Hague Convention at the time of her escape she would have chosen killing her child and herself than risk a return to her husband.  Whether these individual stories have merit of not, it’s pure one-sided sensationalism.  Where are the Murray Wood stories of wife abuse and neglect?
http://search.japantimes.co.jp/cgi-bin/nn20100514f1.html
http://search.japantimes.co.jp/cgi-bin/nn20100514f3.html
“Only Minoru Matsutani’s article sandwiched between offers any sense of balance.”
http://search.japantimes.co.jp/cgi-bin/nn20100514f2.html

And to quote another anonymous legally-trained friend:  “How to address DV is an issue in all Hague countries. In addition to allegations of DV, the Japanese legislation will also allow a judge to consider whether it would be difficult for EITHER the taking parent OR the parent requesting return to raise the child in the country of origin.  This sounds awfully close to a full-blown custody determination, which is sort of what courts are NOT supposed to do in Hague cases.”

As for future prospects, I shall defer to the better-informed judgment of a specialist international lawyer in this field, who wrote the following shortly before the Hague was signed:

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

Friday, March 15, 2013

Japan’s Potential Ratification of the Hague Convention: An Update
Jeremy D. Morley

http://www.internationalfamilylawfirm.com/2013/03/japans-potential-ratification-of-hague.html

Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament).

The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly opposed to the treaty on the ground that it will lead to the imposition of “Western thinking” on family relationships in Japan, i.e. that it might lead to the intervention of the courts into the private life of families, to the issuance of judicial orders concerning family matters that can be enforced by the power of the state, and to both parents having meaningful rights to their children after a divorce or separation.

Accordingly, newspaper editorials in Japan have demanded that, when Japanese wives “flee” foreign countries because of alleged domestic violence abroad, they must not be forced to return to the country where such abuse has occurred.

Such concerns have already led to inclusion of a provision in the draft legislation that is most likely to lead to an unnecessarily broad interpretation of the “grave risk” exception in Article 13(b) of the Convention. Indeed, that is the intended result.

The result of such an exception would be to shield abductors who are able to claim domestic abuse even though:

  • (a) The legal system in the (American) habitual residence would provide an abuse victim and child with very substantial protection;
  • (b) No change is being made in Japan to the lack of any meaningful provisions in Japanese law for the other parent to have any access to the child or any decision-making role in the life of the child, so that in reality the foreign left-behind parent would still be without any meaningful rights to the child; and
  • (c) There is no meaningful system within Japan to effectively determine the merits of such claims of abuse.

In addition, there is a serious concern that petitioning parents will be forced into mediation before being allowed to proceed with or complete their judicial case. There are special provisions in the draft legislation promoting mediation. If the mediation process works similarly to the current Family Court mediation process it will lead to lengthy delays and extreme unfairness to petitioning parents.

Mediation is generally an extremely unhelpful forum for foreigners in family law cases in Japan, since (i) foreign parties must appear in person regardless of their place of residency, (ii) the sessions are usually short and are repeatedly adjourned for lengthy periods of time, necessitating multiple inconvenient and expensive visits to Japan, (iii) the foreigners’ views are generally misunderstood for language and cultural reasons, and (iv) the foreigners are pressured to accept unfair terms since there is no enforcement of court decisions in family law matters in Japan and because they are told that their refusal to accept the mediators’ recommendations will be held against them in a trial.

When most other countries have joined the Convention the United States could choose whether or not to accept the accession. If a country has not enacted satisfactory legislation designed to effectively enforce the terms of the Convention other countries need not accept the accession. Such is the case with Thailand, which acceded to the Convention in 2002 but has not yet enacted implementing legislation satisfactory to the United States or several other countries. By contrast, as an original member of the Hague Conference, Japan will not be acceding to the Convention, but will ratify it which will trigger its immediate entry into force without any place for international review.

Meanwhile, the Japanese public is being told that even if Japan signs the Convention, “The return of a child can be denied if the parent seeking it is believed to abuse the child or have difficulties raising him or her.” Daily Yomiuri, Mar. 16, 2013. If that is the gloss that Japan intends to put on the Hague Convention – even though the Convention is expressly designed to secure the expeditious return of all abducted children except in extremely unusual cases – there is little or no point in Japan’s purported ratification of the treaty.

The result of Japan’s ratification of the Convention will likely be to create the appearance of Japan’s compliance with international norms but without any of the substance.

ENDS

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

CONCLUSION:  Same as other treaties that Japan has signed but doesn’t enforce, I think the Hague will wind up as a historical footnote as another treaty Japan chooses to ignore.  When we see the highly unlikely prospect of children of international marriages abducted to Japan sent back overseas by a Japanese court (in contrast to other judiciaries that DO repatriate children, see for example here and here) then I’ll think progress has been made.  But it’s pretty inconceivable to me, since child abduction happens between Japanese couples too thanks to Japan’s insane marriage system, and it’s hard to imagine foreigners suddenly being granted more rights in Japanese marriages than fellow Japanese.  Arudou Debito

Asahi on arrest of Zaitokukai participant in anti-Korean demo; J-Cast on anti-Korean stuff being sold at Dietmember kaikan; Osaka sign saying “Stop Scrawling Discriminatory Graffiti”

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Hi Blog.  We have some positive movements regarding the treatment of hate speech in Japan, particularly regarding that “Kill all Koreans” hate demo that took place last February (god bless the ensuing gaiatsu of international attention for making the GOJ finally take some action to deal with this deservedly embarrassing incident).  First, the Asahi reports that one of the participants in the Zaitokukai hate demo named Akai Hiroshi was arrested by the police, for violent bodily contact with a person protesting Zaitokukai activities.

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

新大久保の反韓デモ、初の逮捕 対立グループに暴行容疑
朝日新聞 2013年5月20日, courtesy of MS
http://www.asahi.com/national/update/0520/TKY201305200108.html

在日韓国・朝鮮人を非難する東京・新大久保でのデモで対立するグループの男性に体当たりしたとして、警視庁は、自称・埼玉県熊谷市拾六間、無職赤井洋容疑者(47)を暴行の疑いで逮捕し、20日発表した。「つまずいて相手にぶつかっただけだ」と容疑を否認しているという。新大久保でのデモで逮捕者が出たのは初めて。

新宿署によると、赤井容疑者は19日午後6時40分ごろ、東京都新宿区の路上で、会社員男性(51)の胸などに体当たりした疑いがある。

赤井容疑者は「在日特権を許さない市民の会」のメンバーらとともにデモに参加。被害男性は、デモをやめるよう抗議する集団に加わっていた。両集団はそれぞれ約200人規模で、警視庁機動隊を挟み、緊迫した状況だったという。

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

Japan Times reports from Kyodo:

==============================
NATIONAL
Man held during anti-Korean rally
KYODO MAY 22, 2013

http://www.japantimes.co.jp/news/2013/05/22/national/man-held-during-anti-korean-rally

Police have arrested a 47-year-old man who took part in a regularly held anti-Korean demonstration in Shinjuku Ward, Tokyo, for allegedly assaulting another man protesting the rally.

The man arrested Monday identified himself as Hiroshi Akai, an unemployed former Self-Defense Force member from Kumagaya, Saitama Prefecture. Akai said he had “accidentally bumped into” the other man, according to the Metropolitan Police Department.

Police allege Akai hurled himself at the 51-year-old company employee Sunday evening after the protest in Shinjuku. He was held by riot police who were guarding the demonstration.

Rightwing groups, including one claiming to be “citizens who do not condone privileges given to Koreans in Japan,” have been staging demonstrations several times a month in Shinjuku and nearby Shin-Okubo, home to a large ethnic Korean population.
==============================

Okay, good start, and glad that there are protests regarding the hateful, xenophobic protesters (usually their activities get ignored even if they involve violence against counter-demonstrators).  Except for the fact that this sort of hate speech has by now reached the highest and lowest levels of society, as in anti-Korean stickers being sold in Diet buildings, and anti-Korean graffiti being scrawled on public transportation:

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

韓国人差別ステッカーを議員会館で販売 自民議員側は関係否定して困惑顔
2013/5/14 J-Cast News, courtesy of MS
http://www.j-cast.com/2013/05/14175063.html

「チョンキール」と書かれた韓国人差別のステッカーが衆院議員会館で売られていた――。朝日新聞記者がこうツイートし、ネット上でステッカー販売に批判が相次いでいる。市民団体の会議室利用に協力した自民党議員側は、販売との関係を否定しており、困惑している様子だ。
ステッカーには、ゴキブリのような絵とともに、「ヨクキク 強力除鮮液」「チョンキール」と字が入っていた。朝日新聞社会部の石橋英昭記者が、2013年5月13日のツイートで、会議室でこんなものなどが売られていたと写真付きで紹介している。「日韓断交」というステッカーなども写っている。
朝日新聞記者のツイートがきっかけ
jcast051413
ツイートが物議
この日の会議室は、沖縄復帰をめぐる学習会に使われており、石橋記者は、自民党の西銘(にしめ)恒三郎衆院議員が主催者で、日本維新の会の西村眞悟衆院議員が講演していたと書いた。ただ、続くツイートでは、「国会議員が窓口になって議員会館で学習会を開いた民間団体の関係者が、販売していたということです。議員は直接には関わってないと思います」と補足している。
しかし、ツイートは波紋を呼び、ネット上では、「主催議員は責任をとらなければならない」「知らなかったでは済まされないぞ」などと批判が相次いだ。小説家の深町秋生さんも、「首相のヘイトスピーチ批判とはなんだったんだろう」とツイッターで疑問を呈すほどだった。
これに対し、学習会実行委員会の中心メンバーで市民団体の沖縄対策本部では、「この写真は昨日の学習会とも主催者とも関係ありません」とツイッターなどで弁明を始めた。石橋記者もこのことをツイッターで紹介し、「主催者と無関係な人が会議室に入り、台を設け販売していたとのことのようです」と前言を変えた。
沖縄対策本部代表の仲村覚さんは、フェイスブックでさらに事情を説明している。それによると、ボランティアを依頼した人の友人が、一緒に参加して勝手に展示したものだという。西銘・西村両議員側には、報告とお詫びをしたとしている。
「記者は事実関係確認してほしかった」
とはいえ、西銘恒三郎議員が、差別ステッカーなどの展示・販売について知っていたことはないのか。
沖縄対策本部代表の仲村覚さんは、取材に対し、そのことを否定し、展示の経緯について説明した。それによると、ボランティアをしていた人の友人は、前日の別の集会にも来ており、そこでステッカーなどを販売していた。友人は、学習会でボランティアをするので、そこでも販売させてほしいと仲村さんに申し出たが、仲村さんは、会議室での物品販売はできないと説明を受けているとして申し出を拒否した。
ところが、この友人は当日、会議室のテーブルでステッカーなどを勝手に展示し始めた。これを仲村さんの仲間が見つけ、展示を止めさせたそうだ。ステッカーの販売までしたとは、聞いていないという。
ステッカーなどは、日韓断交共闘委員会という市民団体がサイト上で売っていたが、仲村さんは、この団体のことは知らないとした。販売の意図もナゾのままで、「今後は身元チェックを厳しくするなど、注意していきます」と言っている。
学習会の主催は、形式的に西銘議員になっているが、実際は実行委がしていたという。西銘議員は、企画・運営にはタッチしておらず、学習会にも来ていないとした。
西銘議員の事務所では、取材に対し、スタッフがこう説明した。
「同じ沖縄の人が祖国復帰の勉強会をしたいので会議室利用の窓口になってほしいと依頼があり、こちらで借りられるようにお手伝いはしました。しかし、実行委員会からステッカーのことについて報告などがあり、どういうことなのかとびっくりしています。差別的な思想自体が困りますし、とても残念なことだと思っています。朝日新聞の方も、ツイッターで発言する前に、事実関係を確認してほしかったですね」
ENDS
==============================

The good news, however, is that we’re hearing about these events at all (discrimination often goes ignored in the J-media if its against NJ). Also good news is that the authorities are taking measures against them, as seen in this sign sent to me yesterday by AP:

antirakugakisignmay2013

(Taken in Sekime-Seiiku Station in the Osaka area, May 20, 2013.)

The sign reads: A bright society where people respect each others’ human rights.  Let’s stop scrawling discriminatory GRAFFITI that will hurt people’s hearts.  If you notice any discriminatory graffiti, let us know (addendum:  let a station attendant know).  Signed, Osaka City Citizens’ Bureau.  

Submitter AP writes:  “I talked to the 駅長 as well. I said I don’t know what lead to posting that message, but as a foreigner in Japan I sometimes face 差別 and understand why this kind of thing is important to address, and thanked him. He seemed appreciative as well.”

Good.  Then maybe people are realizing that this sort of thing affects everyone in society, not just some guest foreigners whose lives and feelings have no connection with ours.  These are positive developments.  Arudou Debito

DEBITO.ORG NEWSLETTER MAY 13, 2013 PART 2: New eBooks by Debito on sale now

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DEBITO.ORG NEWSLETTER MAY 13, 2013 PART TWO

Hello Newsletter Readers. This month’s Newsletter is a little late due to a press holiday on May 7, the date my Japan Times column was originally to come out. So this month you get two editions that are chock full of important announcements. As a supplement, here is information about three new books of mine that are now out in downloadable eBook form:

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

1) Debito’s eBook “GUIDEBOOK FOR RELOCATION AND ASSIMILATION INTO JAPAN” now available on Amazon and NOOK for download. USD $19.99

rsz_finished_book_coverB&N

Following December’s publication of the revised 2nd Edition of long-selling HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS comes a companion eBook for those who want to save paper (and money). A handy reference book for securing stable jobs, visas, and lifestyles in Japan, GUIDEBOOK has been fully revised and is on sale for $19.99 USD (or your currency equivalent, pegged to the USD on Amazons worldwide).

See contents, reviews, a sample chapter, and links to online purchasing outlets at http://www.debito.org/handbook.html

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

2) Debito’s eBook “JAPANESE ONLY: THE OTARU ONSENS CASE AND RACIAL DISCRIMINATION IN JAPAN” now available in a 10TH ANNIVERSARY EDITION on Amazon and NOOK for download. USD $9.99

japaneseonlyebookcovertext

It has been more than ten years since bathhouses in Otaru, Hokkaido, put up “NO FOREIGNERS” signs at their front doors, and a full decade since the critically-acclaimed book about the landmark anti-discrimination lawsuit came out. Now with a new Introduction and Postscript updating what has and hasn’t changed in the interim, JAPANESE ONLY remains the definitive work about how discrimination by race remains a part of the Japanese social landscape.

See contents, reviews, a sample chapter, and links to online purchasing outlets at http://www.debito.org/japaneseonly.html

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

3) Debito’s eBook “IN APPROPRIATE: A NOVEL OF CULTURE, KIDNAPPING, AND REVENGE IN MODERN JAPAN” now available on Amazon and NOOK for download. USD $9.99

In Appropriate cover

My first nonfiction novel that came out two years ago, IN APPROPRIATE is the story of a person who emigrates to Japan, finds his niche during the closing days of the Bubble Years, and realizes that he has married into a locally-prominent family whose interests conflict with his. The story is an amalgam of several true stories of divorce and child abduction in Japan, and has received great praise from Left-Behind Parents for its sincerity and authenticity.

See contents, reviews, a sample chapter, and links to online purchasing outlets at http://www.debito.org/inappropriate.html

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

Thanks for reading and perhaps purchasing!  Arudou Debito

ENDS

eBook GUIDEBOOK for RELOCATION and ASSIMILATION to JAPAN now on sale, US $19.99 or local currency equivalent

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Hello Blog.  I’m very pleased to announce the publication of my latest downloadable eBook:

Arudou Debito’s GUIDEBOOK for RELOCATION and ASSIMILATION into JAPAN (eBook for Amazon and NOOK, 2013)

rsz_finished_book_coverB&N

Price: $19.99 or local currency equivalent at Amazons worldwide (available also from Amazon Japan here currently for JPY 1979).  Also at Barnes & Noble for NOOK.

Here’s GUIDEBOOK’s synopsis:
=======================================
Are you interested in living in Japan? Not visiting as a tourist — actually living in Japan with a secure visa and a stable job. Would you like to set up your own business and found your own corporation? Or understand how Japan’s salary system or health insurance works? What Japan’s minimum labor standards are, and the legal differences between part-time and full-time employment? How to write a Last Will and Testament in Japan, or hold a culturally-sensitive funeral? Or would you like to give something back to Japan’s civil society by founding your own non-profits or NGOs?How about getting some advice on how to deal with some unexpected problems, such as handling workplace disputes, dealing with police, going to court, even going through a divorce? 

Would you like to become a Permanent Resident or even a Japanese citizen?

GUIDEBOOK will offer information on all this and more. Written by 25-year resident and naturalized Japanese citizen Arudou Debito, GUIDEBOOK’s information has been called “the fullest and consequently the best” by Japan Times Book Reviewer Donald Richie, and garnered praise from other Japan specialists such as John Lie, Jeff Kingston, and Alex Kerr.

GUIDEBOOK has been newly updated for 2013, to include the 2012 reforms to Japan’s Immigration Laws. Now for the first time in eBook format, GUIDEBOOK is here to help you with nuts-and-bolts advice to establish a good life in this wonderful country, Japan!
=======================================

GUIDEBOOK has been completely updated for 2013.  Similar information is available in English and Japanese at http://www.debito.org/handbook.html

Get a copy if you’re interested! On sale from yesterday, it’s already at this writing #9 on Kindle nonfiction eBooks on Japan.  Thanks everyone!  ARUDOU Debito

RocketNews: Automatic PR Status awarded to grads of Kyoto universities? Positive proposal by Kyoto Governor that will come to naught

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Hi Blog.  Here’s something interesting.  It will come to naught, of course, but it shows how local governments are much more responsive to the needs of NJ than the central government (which is dominated by the control-the-borders-and-police-foreigners-only mindset of the Ministry of Justice).  Although the central government occasionally deigns to listen to the locals (especially when they band together and say, “Our NJ residents need this!” as per the Hamamatsu Sengen of 2001), ultimately the regular blind spots prevail, and I think they will in this case too (as awarding Permanent Residency is the job of the MOJ, not local governments).  Arudou Debito

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

Japanese Permanent Resident Status to be Awarded to Overseas Students? A New Appeal by the [Governor] of Kyoto
RocketNews24, April 15, 2013 by Andrew Miller, courtesy of JK and others
http://en.rocketnews24.com/2013/04/15/japanese-permanent-resident-status-to-be-awarded-to-overseas-students-a-new-appeal-by-the-mayor-of-kyoto/

On April 10, the [Governor] of Kyoto Keiji Yamada made public his intentions to appeal to the government to award overseas students who graduate from Kyoto [universities] with the right to permanent residence. It is a proposal entitled ‘Kyoto University Special Ward’ and also incorporates other supportive measures for foreign students. With a decrease in student intake within Japan in recent years, it is hoped that by providing incentives for academically skilled overseas students, Kyoto will not only be able to compete with other cities like Tokyo but will also be able to add a new lease of life to its cultural city.

The plan to introduce incentives for overseas students came to light after The Japanese Business Federation and Kyoto’s prefecture office held a panel discussion on how to revive the town. The same prefecture estimated that due to decrease in birth rates, the number of students enrolling in university was also likely to see a significant decrease in years to come. Looking at the birth rate statistics from 2011, it is predicted that the 160,000 students currently residing in Kyoto will see a 25,000 student decrease in the future.

On the other hand, the number of overseas students currently residing in Kyoto is 6,000. According to research carried out by Kyoto Prefecture, several universities in Singapore have over a 60 percent foreign student uptake. What’s more, the same students are awarded the right to permanent residence upon graduating. Singapore is no doubt leading the way in attracting, and fostering, talent from abroad.

At the same panel discussion, Kyoto’s [Governor] was enthusiastic about providing an environment like Singapore in which to support foreign students with finding employment after graduation, and nurturing talent through education.

With air of conviction, Kyoto’s [Governor] put his proposition to the panel:

“What I’d like to ask you to consider is whether overseas students who graduate from Kyoto [universities] and take part in the city’s job training program can be given permanent resident status. I’d like to work with everyone in producing an effective policy.”

It is reported that at the end of the discussion all the parties were keen to provide a fertile ground in which to foster a “University utopia” and backed the mayor’s proposal. Kyoto Prefecture is set to cooperate with the parties concerned and appeal to the government to put this measure in place during the year.

ENDS

Original article linked from RocketNews:

京の留学生に永住権を 府が「大学生特区」提案へ
京都新聞 4月10日(水)
http://headlines.yahoo.co.jp/hl?a=20130410-00000024-kyt-l26

京都府の山田啓二知事は10日、京都の大学を卒業した留学生に対し、永住権が申請できる資格を付与するなどの支援策を盛り込んだ「京都大学生特区」を国に提案する方針を明らかにした。国内の学生が減るなか、世界から優秀な学生を取り込んで都市間競争に勝ち残り、地域の活性化を図りたい考え。

京都経済同友会と府庁(京都市上京区)で行った「大学のまち・京都」を考える懇談会で明らかにした。

府によると、2011年生まれの人の大学入学推計は、出生数の減少で、11年に入学した人に比べ17・2%減になる見込みで、京都でも現在約16万人いる学生数が約2万5千人減る計算になるという。一方、京都の大学の留学生は現在、約6千人。府の調査では、シンガポールには学生の3分の2を留学生が占める大学があり、卒業後には永住権が与えられる。留学生の獲得で先行しているという。

山田知事は同友会から、オール京都体制での人材育成策や留学生の生活・就職支援を求めた提言書を受け取り、「京都の大学を卒業して、オール京都でやった職業訓練コースを受けた人には永住権の申請ができるぐらいの便宜を(留学生に対し)はかってもらえないか。(経済団体の)みなさんとともに、思い切った施策を打っていきたい」と話した。

府や京都市、京都大、経済団体などのトップでつくる「京都の未来を考える懇話会」は、税制優遇や研究・起業支援などが柱の「大学ユートピア特区」を提唱しており、府は今後、関係団体と連携して本年度中にも国に特区申請を行う予定。

ENDS

New book: “Human Trafficking Around the World: Hidden in Plain Sight” by Hepburn & Simon (Columbia UP, 2013). Includes Japan.

mytest

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Hi Blog.  After using the resources and contacts of Debito.org, the author of the following book, Stephanie Hepburn, contacted me two days ago to say that her research on worldwide human trafficking, including Japan, has just been published by Columbia University Press.  I am pleased to notify Debito.org Readers as follows:

HepburnHumanTraffcover

Human Trafficking Around the World: Hidden in Plain Sight
By Stephanie Hepburn and Rita J. Simon
Purchase links:

Columbia University Press: http://cup.columbia.edu/book/978-0-231-16144-2/human-trafficking-around-the-world
Amazon: http://www.amazon.com/Human-Trafficking-Around-World-Hidden/dp/023116145X
Barnes and Noble: http://www.barnesandnoble.com/w/human-trafficking-around-the-world-stephanie-hepburn/1113895525

Published by Columbia University Press, this unprecedented study of sex trafficking, forced labor, organ trafficking, and sex tourism across twenty-four nations highlights the experiences of the victims, perpetrators, and anti-traffickers involved in this brutal trade. Combining statistical data with intimate accounts and interviews, journalist Stephanie Hepburn and justice scholar Rita J. Simon create a dynamic volume sure to educate and spur action.

Among the nations examined is Japan, which has not elaborated a comprehensive anti-trafficking law. Although the government took a strong step forward in its 2009 Action Plan to Combat Trafficking in Persons by acknowledging that sex trafficking is not the only form of human trafficking, forced-labor victims continue to be marginalized. As a result of ethnocentric policies, the government prohibits foreign unskilled laborers from working in Japan. But the disparity between the nation’s immigration posture and its labor needs has created a quandary. With a demand for inexpensive labor but without an adequate low wage labor force, Japan uses the government-run Industrial Training Program and Technical Internship Program to create a temporary and low-cost migrant workforce for employers. The stated purpose of the program is to transfer skill, technology, and knowledge to persons of other nations and thereby play a central role in the economic growth of developing nations, specifically those in East Asia. Instead, it has created opportunities for exploitation and human trafficking.

“I recommend this comprehensive study to anyone wanting to understand the fight against the modern day slave-trade. The book stands apart by augmenting nation by nation accounts of trafficking realities with critiques of existing local anti-trafficking measures and consideration of local obstacles. Supported by diverse sources, the authors set forth clear policy recommendations to combat trafficking.”—Lori J. Johnson, staff attorney, Farmworker Unit, Legal Aid of North Carolina

“This volume demonstrates ways that global migration policies and programs facilitate human trafficking by focusing on enforcement rather than promoting uniform labor standards. Its broad focus help readers compare practices between countries and understand the transnational impact of national legislation and policies on human trafficking around the globe.”—Gretchen Kuhner, author of the American Bar Association’s Human Trafficking Assessment Tool Report

“Stephanie Hepburn and Rita J. Simon demonstrate that economics, geography, civil unrest, societal inequality, and gender disparities play a major role in how trafficking manifests itself.”—Christa Stewart, New York State Office of Human Trafficking, Office of Temporary Disability Assistance

“Stephanie Hepburn and Rita J. Simon delve beneath the surface of policies and legislation within the various countries they study by involving those who are involved at a grassroots level and have come up with a fascinating account of these practices.”—Carol Bews, assistant director, Johannesburg Child Welfare Society

Stephanie Hepburn is an independent journalist whose work has been published in Americas Quarterly, USA Today U-Wire, Gender Issues, and the New Orleans Times-Picayune.

Rita J. Simon is a University Professor in the School of Public Affairs and the Washington College of Law at American University in Washington, D.C.

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

I have not read the book yet, but it looks to be an important work and am pleased to tell you about it.  Arudou Debito

ENDS

New eBook: “JAPANESE ONLY: The Otaru Onsens Case”, 10th Anniv Edition with new Intro and Postscript, now on Amazon Kindle and B&N Nook $9.99

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Hi Blog.  I am pleased to announce the eBook release of my book “JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan” Tenth Anniversary Edition, available for immediate download for Amazon Kindle and Barnes & Noble NOOK.

The definitive book on one of Japan’s most important public debates and lawsuits on racial discrimination, this new edition has a new Introduction and Postscript that updates the reader on what has happened in the decade since JO’s first publication by Akashi Shoten Inc.  A synopsis of the new book is below.

You can read a sample of the first fifteen or so pages (including the new Introduction), and download the ebook at either link:

Price:  $9.99 (a bargain considering JO is currently on sale on Amazon Japan used for 3100 yen, and at Amazon.com used for $390.93!), or the equivalent in local currency on all other Amazons (935 yen on Amazon Japan).

If you haven’t read JO yet (as clearly some media presences, like TV Tarento Daniel Kahl or decrier of “bathhouse fanatics” Gregory Clark, have not; not to mention “My Darling is a Foreigner” manga star Tony Laszlo would rather you didn’t), now is a brand new opportunity with additional context.  Here’s the Synopsis:

SYNOPSIS OF THE TENTH ANNIVERSARY EDITION OF eBOOK “JAPANESE ONLY”

If you saw signs up in public places saying “No Coloreds”, what would you do? See them as relics of a bygone era, a la US Segregation or South African Apartheid? Not in Japan, where even today “Japanese Only” signs, excluding people who look “foreign”, may be found nationwide, thanks to fear and opportunism arising from Japan’s internationalization and economic decline.

JAPANESE ONLY is the definitive account of the Otaru Onsens Case, where public bathhouses in Otaru City, Hokkaido, put up “no foreigners allowed” signs to refuse entry to Russian sailors, and in the process denied service to Japanese. One of Japan’s most studied postwar court cases on racial discrimination, this case went all the way to Japan’s Supreme Court, and called into question the willingness of the Japanese judiciary to enforce Japan’s Constitution.

Written by one of the plaintiffs to the lawsuit, a bilingual naturalized citizen who has lived in Japan for 25 years, this highly-readable first-person account chronologically charts the story behind the case and the surrounding debate in Japanese media between 1999 and 2005. The author uncovers a side of Japanese society that many Japanese and scholars of Japan would rather not discuss: How the social determination of “Japanese” inevitably leads to racism. How Japan, despite international treaties and even its own constitutional provisions, remains the only modern, developed country without any form of a law against racial discrimination, resulting in situations where foreigners and even Japanese are refused service at bathhouses, restaurants, stores, apartments, hotels, schools, even hospitals, simply for looking too “foreign”. How Japan officially denies the existence of racial discrimination in Japan (as its allegedly homogeneous society by definition contains no minorities), until the Sapporo District Court ruled otherwise with Otaru Onsens.

JAPANESE ONLY also charts the arc of a public debate that reached extremes of xenophobia: Where government-sponsored fear campaigns against “foreign crime” and “illegal foreigners” were used to justify exclusionism. Where outright acts of discrimination, once dismissed as mere “cultural misunderstandings”, were then used as a means to “protect Japanese” from “scary, unhygienic, criminal foreigners” and led to the normalization of racialized hate speech. Where even resident foreigners turned on themselves, including Japan Times columnist Gregory Clark’s repeated diatribes against “bathhouse fanatics”, and future “My Darling is a Foreigner” manga star Tony Laszlo’s opportunistic use of activism to promote his own agenda at the expense of the cause. Where the plaintiffs stay the course despite enormous public pressure to drop the lawsuit (including death threats), and do so at great personal risk and sacrifice. Remaining in print since its first publication in 2003, JAPANESE ONLY remains a testament to the dark side of race relations in Japan, and contains a taut story of courage and perseverance in the face of seemingly insurmountable odds.

Now for the first time in ebook format, this Tenth Anniversary Edition in English offers a new Introduction and Postscript by the author, updating the reader on what has changed, what work remains to be done, and how Japan in fact is reverse-engineering itself to become more insular and xenophobic in the 2010s. Called “a reasoned and spirited denunciation of national prejudice, discrimination, and bigotry” (Donald Richie, legendary Japanologist), “clear, well-paced, balanced and informative” (Tom Baker, The Daily Yomiuri), “a personal and fascinating account of how this movement evolved, its consequences and how it affected those who participated in it” (Jeff Kingston, The Japan Times), and “the book of reference on the subject for decades to come and should be required reading for anyone studying social protest” (Robert Whiting, author of You’ve Gotta Have Wa), JAPANESE ONLY is a must-read for anyone interested in modern Japan’s future direction in the world and its latent attitudes towards outsiders.

More reviews at http://www.debito.org/japaneseonly.html
ends

Good news: Rightist sentenced to a year in jail for harassing company using Korean actress in their advertising

mytest

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Hi Blog.  A bit of good news.  A member of a nasty Rightist group was sentenced to a year in jail for harassing a Japanese company for using a Korean actress in its advertising.  That’s hopeful, as we are seeing examples of xenophobia in Japan going beyond internet and political-arena bile (as well as signposted exclusionism) and into the street for race-bating and interpersonal confrontation.  Without some kind of brake like this court decision, it’s only a matter of time before somebody goes too far and we have race riots in Japan.

I would have liked to have seen a little more detail in the article below about the timeline of the harassment.  I can speak from personal experience that it can take a year or more between an event and a conclusive court decision in Japan, so how responsive is Japan’s judiciary being here?  Also, note that this case is not punishing somebody for hate speech against an ethnic group or a person in Japan — it’s protecting a Japanese company against threatening behavior, a bit different.  I will be more reassured when we have a (similarly criminal, not civil) case involving arrest, prosecution, and jail time for an individual threatening an individual on the grounds of his/her ethnicity/national origin.  But I don’t think that will happen under the current legal regime, as “the government does not think that Japan is currently in a situation where dissemination of racial discriminatory ideas or incitement of racial discrimination are conducted to the extent that the government must consider taking legislative measures for punishment against dissemination of racial discriminatory idea, etc. at the risk of unjustly atrophying lawful speech…

That assessment was made by the MOFA to the UN more than a decade ago.  Given what I see are xenophobic tidings in Japan these days, I think it’s time for an update.  Arudou Debito

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

Nationalist sent to jail after harassing company using Korean actress in advertising
By Adam Westlake / December 18, 2012 / Courtesy JK
http://japandailypress.com/nationalist-sent-to-jail-after-harassing-company-using-korean-actress-in-advertising-1820111

A court in Japan has sentenced an extreme nationalist to one year in jail after he began a hate-based harassment campaign against a Japanese company that used a popular South Korean actress in its magazine and television advertising. The situation peaked when 44 year old Hitoshi Nishimura, along with three other men, forced their way into the Osaka headquarters of the pharmaceutical firm and demanded to know why the company was using someone with an anti-Japanese background.

Nishimura said the actress Kim Tae-Hee was a South Korean activist herself when he entered the Rohto Pharmaceutical building and began making angry threats. He stated Kim participated in activities that asserted Seoul’s claims over the disputed Dokdo / Takeshima Islands, which are located in between Japan and South Korea, and have been the source of tensions for decades. In video footage of the intrusion, Nishimura is seen as yelling at the company’s officials and claiming to represent “angry Japanese throughout the country.”

The court sentenced Nishimura to a one-year jail term for making threatening acts, but no information has been released on the other three men. While somewhat overshadowed by the eruption of escalating tensions between China and Japan, the latest round of the territorial dispute with South Korea was kicked off in August when President Lee Myung-Bak made an unexpected visit to the islands. This resulted in protest from the Japanese government, as well as back-and-forth displays of nationalism on both sides. In one example, a group of South Korean swimmers, including a celebrity athlete, swam in a relay to the islands. Vocal groups in Japan began criticizing television broadcasters that showed Korean dramas, and even recently Korean pop-music acts have been left out of events and getting less airtime.

[via My Sinchew]

ENDS

2nd Edition of HANDBOOK FOR NEWCOMERS, MIGRANTS, & IMMIGRANTS to Japan on sale Dec 2012, updated

mytest

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Hi Blog. I’m very happy to announce that at long last (it takes a number of months to get things through the publishing pipeline), the Second Edition of HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN goes on sale in December 2012.

This long-selling bilingual guide to life in Japan, co-authored with legal scrivener Akira Higuchi, has assisted thousands of readers and engendered rave reviews. Its goal has been to assist people to live more stable, secure lives in Japan, and walks the reader through the process of securing a better visa, getting a better job (even start one’s own business), troubleshooting through difficult situations both bureaucratically and interpersonally, establishing one’s finances and arrangements for the next of kin, even giving something back to Japanese society. It is a one-stop guide from arrival in Japan through departure from this mortal coil, and now it has been updated to reflect the changes in the Immigration and registry laws that took place in July 2012.

A table of contents, excerpt, and more details on what’s inside and how you can get the book here. Those rave reviews here.

Get ready to get yourself a new copy! Arudou Debito

(Oh, and my Japan Times JBC column has been postponed a week due to a major scoop this week that will fill the Community Page…)

Ishihara resigns Tokyo Governorship, seeks Diet seat as new party head. I say bring it on.

mytest

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Hi Blog.  Something very important happened a few days ago when Tokyo Governor Ishihara Shintaro made a surprise announcement that he would resign his governorship, launch a new political party, and run for a Diet seat in the next Lower House election due in two months.

I say bring it on.  This xenophobic old bigot (now 80) has fallen for one of the oldest tricks in the book:  self-delusion, brought on by decades of megalomania and ideological sound-chambering within a cadre of sycophants — which Alberto Fujimori (an old friend of Ishihara and his elite ruling circles) similary fell for when the self-deluded demagogue buggered off back to Chile (forfeiting his unextradictable safe haven in Japan) to stand for reelection in Peru.  Fujimori, as you know, was then extradited to Peru for trial and is now doing essentially life in prison.  But I digress.

I say bring it on for two reasons.  One is that even if elected (which he will be, under Japan’s Proportional Representation system — the main avenue for celebrity schmoes to pad their resume and stroke their egos), Ishihara can do less damage as a Dietmember of a fringe party (analysts already are beginning to doubt the strength of the Rightist alliance between other fringe parties) than as Governor of Tokyo, with an entire Metropolitan Police Force (the strongest and most influential in all of Japan) at his disposal to target people he doesn’t like.  One of the reasons he says he resigned his Diet seat in 1995 after 25 years in office is because of his frustration with the powerlessness of the Diet in the face of the pervasive Japanese bureaucracy (which, as he correctly claims, rules the country).  Now he’s going right back to that same Diet, and I think he thinks he’ll stop at nothing short of becoming PM (He won’t.  He won’t live long enough.  Osaka Mayor Hashimoto is the bigger threat at half the age.)

The other reason is because it’s time to put some cards on the table.  The Center-Left in Japan (in the form of the DPJ) tried their liberalizations (with NJ PR local suffrage, etc.) and lost badly due to the hue and cry over how NJ, if given any power in Japan, would automatically abuse it and destroy Japan).  The image in Japanese politics nowadays is of a rightward swing.  Alright, let’s see just how rightward.  Japan’s bureaucrats like things just the way they are (their sole purpose is to keep the status quo as is, even if that means Japan irradiates itself and strangles itself to death demographically).  It would take a miracle (something I think not even Ishihara is capable of) to dismantle that system.  If Ishihara wins, Japan’s rightward swing is conclusive, and the world will have to stop ignoring a resurgent militarist xenophobic Japan.  If Ishihara loses, that will take a lot of wind out of Rightist sails and push the country back towards centrism.

In this poker game, I believe Ishihara will lose.  And NJ in Japan have already won a victory by having that bigot abdicate his throne/bully pulpit as leader of one of the world’s largest cities.

The clock is ticking, Ishihara.  How much more time you got?  Do your thing and then shuffle this mortal coil.  Arudou Debito

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

The Japan Times, Friday, Oct. 26, 2012
Ishihara to resign, form new political party
Outspoken nationalist says he wants to take his case countrywide
By MIZUHO AOKI Staff writer

In a surprise move, Tokyo Gov. Shintaro Ishihara announced Thursday he will resign and return to the national arena by launching a new political party that can battle the Democratic Party of Japan and Liberal Democratic Party in the next Lower House election.

Later in the day, Ishihara submitted his letter of resignation to the chairman of the Tokyo Metropolitan Assembly, in effect giving 30 days’ notice. However, he can leave office earlier if the assembly gives its approval. The election to replace him will be held no more than 55 days from Thursday.

The 80-year-old former author said he would launch the party with Diet members later in the evening, and he plans to run in the next Lower House election on the proportional representation segment of the ballot.

Ishihara said he will be the leader of the new party, which is expected to include members of Tachiagare Nippon (Sunrise Party of Japan). He said at least five Diet members, the minimum required to be recognized as a national political party under election laws, will join up with him.

How much influence the party will have on the national level remains to be seen.

Ishihara was once regarded as a key player in a possible realignment of existing political parties, but public attention shifted to Nippon Ishin no Kai (Japan Restoration Party) led by Osaka Mayor Toru Hashimoto, who has gained popularity among voters frustrated with the DPJ and LDP.

Ishihara said he wants to cooperate with Nippon Ishin no Kai but didn’t elaborate.

Rest of the article at http://www.japantimes.co.jp/text/nn20121026a1.html

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

The Japan Times, Saturday, Oct. 27, 2012
ANALYSIS
Ishihara-Hashimoto tieup seen as difficult
Hawkish allies share nationalist bent but differ on nuclear future
By ERIC JOHNSTON and NATSUKO FUKUE, Staff writers

Tokyo Gov. Shintaro Ishihara’s announcement Thursday that he is resigning to form a new national party marks the first step in his final major political push.

But one of Ishihara’s key assumptions, that his new party will team up with Osaka Mayor Toru Hashimoto’s Nippon Ishin no Kai (Japan Restoration Party), remains problematic due to unresolved differences, especially on the future of nuclear power.

Ishihara, 80, and Hashimoto are close personally and have long hoped to form a third political force able to challenge the ruling Democratic Party of Japan and the Liberal Democratic Party. But political experts say the influence Ishihara’s envisioned party would wield in Nagata-cho could be far more limited.

Rest of the article at http://www.japantimes.co.jp/text/nn20121027a1.html

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

Japan Times Editorial of October 28, 2012 on this issue here.

ENDS

“From the Shadows” documentary on Japan’s child abductions debuts in Philly Film Festival Oct 23 & 27, tickets on sale now

mytest

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Hi Blog.  Great news.  A movie that has been close to a decade in the making is finally hitting the silver screen:  A documentary on child abductions after divorce in Japan (something I have personal experience with; I was interviewed regarding the Murray Wood Case six years ago; the documentary project has since expanded into something much, much bigger and my interview got cut.  Ah well, DVD extras…?).  Directors David Hearn and Matt Antell have this to say:

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

From The Shadows, a documentary film about Parental Child abduction in Japan, will premiere at the Philadelphia Film Festival on October 23rd and October 27th. This film follows the lives of 5 “Left Behind Parents” trying desperately to reconnect with their children after having their child-parent relationship cut by the other parent. Through their individual stories we examine why this situation is so common in Japan and hear opinions from an array of experts on the situation. The film has had work-in-progress screenings on Capitol Hill (Nov. 2011) and in Tokyo (Apr. 2012) that was attended by the foreign ministry and several embassy reps.
The screening venues and times for the Philadelphia Film Festival are:

1. Tuesday October 23rd, 5:00 pm  – Prince Music Theater – 1412 Chestnut Street  Philadelphia, PA 19102
2. Saturday October 27th 7:35 pm  – Ritz East – 125 South Second Street  Philadelphia, PA 19106

First go to this link: http://filmadelphia.festivalgenius.com/2012/films/fromtheshadows0_mattantell_filmadelphia2012
 
Then go to the bottom of the screen and make sure you select the screening(s) you want to attend and proceed through to payment.

We hope you can attend one or both screenings. There will be a Q and A session after each screening and a reception after the 27th screening. More information on the film and the trailer can be seen at www.fromtheshadowsmovie.com

Please contact David at david@fromtheshadowsmovie.com for more information.

//////////////////////////////////
Congrats, guys.  I’m nowhere near Philly, but those who are, please consider attending!  Wish I could be there!  Hope it gets picked up by a distributor!  Arudou Debito

Success, of a sort, as a “Gaijin Mask” maker amends their racist product to “Gaikokujin Masks”. Same racialized marketing, though.

mytest

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Hi Blog.  Been doing some writing and inserting into my research the definition of “gaijin” in Japan in terms of marketing.  You might remember this little tidbit from Debito.org, March 25, 2009:

Well, when I was looking up the maker and sales price on Amazon Japan last night, guess what I discovered.  The product has now been changed, as of August 2012:

Note the stereotypical racialized characteristics for both “dokkiri” party goods include large a large nose, blue eyes, cleft chin, blond hair, “Hollywood smile,” and grand gesticulations.  The default language for the “foreigner” (as seen by the harō and ha-i!) is English (if not katakana Japanese for the desu copula).  However, “gaijin” has been adjusted to “gaikokujin” (as if that makes the commodification of racism all better).

Note also that even though this apparently has been a recent change (information was received by Amazon Japan only last month), it’s suddenly “currently unavailable” and “can not be shipped outside Japan“.  (I wonder if anyone looking at the product with an IP in Japan is also unable to purchase it.)  See screen capture here:

(Screen capture as of September 22, 2012.)

Same thing with the racialized Little Black Sambo dolls I found on Amazon Japan last night (which have been on sale since shortly after unbook Little Black Sambo was resuscitated in Japan, extending racism into the next generation):  It’s also “currently unavailable.”  And anyway not for sale outside of Japan.  So methinks the producers are well aware that they could get in trouble if marketed to an overseas audience.  But no matter — there’s money to be made here — who cares if the product is racialized when the domestic market from childhood thinks racism of this sort is unproblematic? (Moreover believes it only goes one way — given the Perpetual Victim Complex, Japanese are more likely to be the victims of racism than the perpetrators of racism, of course.)

Anyway, I think Debito.org can claim credit for the “gaijin” => “gaikokujin” change.  Who else is covering this issue and archiving it?  I have the feeling that they saw it (as news anchor Kume Hiroshi did back in 2006, when he apologized ten years later for an obnoxious remark he made on national TV about “gaijin” back in 1996) and felt embarrassed enough to make some adjustments.  Not embarrassed enough to take it off the market, of course (as Mandom did their racist product back in 2005).  But we’re working on that.

Thanks for your support, everyone.  Arudou Debito

UPDATE Sept 24:  Here are a couple more, courtesy of the same company (thanks Debito.org Readers):  The “Kurohige Gaijin-san” (beard seems to be chiseled to look a bit like Tony “Darling Foreigner” Laszlo‘s comic character) and the “Hana Megane Gaijin-san.”  

http://www.kk-jig.com/products/orderno_6156/

http://www.kk-jig.com/products/orderno_6084/1/

However, the packaging for the Gaijin Beard mask is significantly different if you find it on the store shelves.  The image is less Tony Laszlo, more mullah.  Courtesy of DMG, taken at Tokyu Hands Shibuya, September 23, 2012.

Funny how the mullah glasses even have UV protection…

Yomiuri: Iwate town sponsors Vietnamese future doctor — and people reportedly react with trepidation

mytest

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Hi Blog.  In light of how NJ nurses under a national visa program have been treated in the face of a chronic careworkers shortage, here we have a case where even local sponsorship of a NJ doctor is also viewed (according to the Yomiuri, which may indeed in the interest of “balance” be conjuring up a tempest in a teapot) with suspicion because she is a foreigner.  After all, she might not stay!  Then again, so might not anyone else being trained on that scholarship program regardless of nationality.  Ah, but foreigners are different, you see.  They always represent a flight risk…  Anyhoo, good news tainted with an editorial bias of caution and trepidation just because the subject is NJ.  Arudou Debito

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

Town turns to Vietnam for future doctor
The Yomiuri Shimbun (Jun. 23, 2012), courtesy of JK
http://www.yomiuri.co.jp/dy/national/T120622004307.htm

ICHINOHE, Iwate — Facing a serious and chronic shortage of doctors, the town of Ichinohe felt it necessary to look overseas to find medical staff willing to live and work in the rural area.

The town plans to spend more than 10 million yen on school and living expenses for a Vietnamese woman on the condition that she will practice medicine in the town for at least seven years after obtaining her license.

The unusual plan raised eyebrows when the town ran it by the Health, Labor and Welfare Ministry, and some residents have questioned why the town is sponsoring a foreigner.

However, Ichinohe Mayor Akira Inaba believes the unprecedented plan is just what the town needs.

“The scholarship program for Japanese medical students hasn’t attracted enough applicants to meet its quota,” he said. “We have no other choice but to secure our doctors on our own.”

The foreign student the town plans to sponsor is 18-year-old Luu Hong Ngoc, who will graduate this month from Vietnam National University’s High School for the Gifted in Ho Chi Minh City. The school is one of Vietnam’s most prestigious.

Inaba visited Ho Chi Minh City after a local sewing plant began accepting Vietnamese vocational trainees. Ngoc’s grandmother served as the mayor’s interpreter in Ho Chi Minh City, and told him that her granddaughter hoped to become a doctor overseas.

Inaba asked to see Ngoc’s school transcript and requested other information about her. Her records showed her to be a qualified and enthusiastic student, and after receiving a letter of recommendation from Ngoc’s school, the town decided to invite her to Japan.

Municipalities in Iwate Prefecture run a joint scholarship program to support medical students, which Ichinohe participates in. The scholarship provides each student with 200,000 yen a month and pays a lump sum of up to 7.6 million yen when the recipient enters medical school.

However, for several years the scholarship has failed to fill its quota. The program also provides no guarantee the recipient will work in Ichinohe after receiving a medical license.

These difficulties are what pushed the town to decide to independently fund Ngoc’s medical education.

The entire process will take eight to 10 years and cost 10 million yen to 20 million yen. In return, the town will receive a pledge from Ngoc to work for at least seven years at the town’s prefectural hospital.

The town plans to allocate funds for Ngoc’s costs for this fiscal year in a supplementary budget to be submitted in September.

Inaba said Ngoc’s grandmother, who learned Japanese in Moscow, is “Japan’s No. 1 fan in Vietnam.”

The town has heard that Ngoc is telling people she plans to study other subjects besides the specialized course to help her become a better doctor.

Ngoc is scheduled to come to Japan by the end of the year. In the spring, she will begin studying for the medical school entrance exam at a national university while learning Japanese at a vocational school in Morioka.

However, some residents and members of the town assembly have raised concerns about the plan, such as what would happen if Ngoc decided to return to Vietnam before finishing the course, or why the town is sponsoring a Vietnamese person in the first place.

The town government has said it will take steps so the money will have to be returned if Ngoc does not fulfill the work agreement, possibly through a contract.

Ichinohe, population 14,000, has a prefectural hospital and four internal medicine clinics, with a total of 18 full-time doctors.

However, many people must visit hospitals in Morioka, about 100 kilometers away, because local facilities lack obstetrics and outpatient ophthalmology departments.

“I hope what we do will draw attention to the lack of doctors in rural areas,” Inaba said. “We’ll keep looking for more talented young people in Vietnam.”
ENDS

Hurrah, the separate Alien Registration System is abolished after 60 years. Now let’s consider the GOJ give & take regarding tracking NJ under this policy

mytest

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Hi Blog. After many years of bureaucratic policy trial balloons and lots of advance warning, July 9, 2012 has finally come to pass, and the longstanding Alien Registration System, promulgated in 1952 to help the GOJ keep track of the pesky aliens (mostly former citizens of the Japanese Empire who were stripped of their Japanese citizenship) who wouldn’t go back to “their country” (staying on in Japan as Zainichi, generational “foreigners” born in Japan to this day), has been abolished sixty years later. In its place, NJ are now registered on Japan’s juuminhyou Residency Certificatesclosing up a ludicrous system where only citizens could be registered as “residents” (juumin) despite paying Residents’ Tax (yup, juuminzei), and teeth-grindlingly stupid moves such as local governments giving animals and fictional characters their own honorary “juuminhyou” despite untaxable status.  Now NJ can also now be listed with their Japanese (and non-Japanese) families properly as family members and heads of household (no longer excluded even from local population tallies for not being listed in the juumin kihon daicho). Finally, closure to that. Good riddance.

That said, the new system also includes new Gaijin Cards (Zairyuu Kaado), which are higher-tech versions (I say remotely trackable due to the RFID technology inside, by design; see below) and still required under criminal law to be carried 24-7 under penalty of search, seizure, and possible incarceration for a week or three. That hasn’t changed. In fact I would now argue it’s gotten worse — since Japanese citizens (even if computer chip technology has also been introduced into J driver licenses and passports, which not all Japanese get anyway) are not required by law to carry any ID whatsoever at all times. Some historical links regarding the true intention of the ZRK (tracking and control of untrustworthy NJ, not convenience for them as is generally sold) follow.

Japan Times IC Chip Gaijin Card Pt 3: View of Bureaucrats: Control of NJ at all costs

Japan Times May 20, 2009: “IC you: Bugging the Alien” article on new Gaijin Cards

Bus. consortium to track Ginza shoppers, then IC Gaijin Cards?

Kyodo: GOJ proposes GPS tracking of criminals. SITYS.

Mysterious Asahi translation: “IC cards planned to track ‘nikkeijin’”

Japan Times on Japan’s emerging NJ policing laws. Nichibenren: “violation of human rights”

Follow-up: More on fingerprinting, tracking people electronically, and RFID technology

New Japanese driver licenses now have IC Chips, no honseki

Alright, I’ll paste some articles below and let’s see what the media has made of this. Feel free to tell us how the changes have been affecting you as well. Arudou Debito

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

Alien system ends; foreigners to be issued resident cards
The Yomiuri Shimbun (Jul. 10, 2012), courtesy of JT
http://www.yomiuri.co.jp/dy/national/T120709004610.htm

A new management system for foreign residents in Japan started Monday. As part of the changes, the previous alien registration system will be abolished and a new resident card will be issued to foreign residents in Japan.

The new system is designed to reduce the number of foreign residents staying in Japan illegally and to be more convenient for bona fide foreign residents.

In the previous alien registration system that began in 1952, local municipalities issued alien registration certificates to foreign residents without examining their resident status. This enabled foreigners staying in Japan illegally to obtain the certificates.

Under the new system, the Justice Ministry will issue a resident card to foreign residents, excluding certain people such as diplomats, who have been granted a status of residence in Japan with a period of stay for more than three months. The card will hold information that includes the name, nationality, date of birth and address of the cardholder.

For special permanent residents such as Korean residents in Japan, a special permanent resident certificate will be issued instead of a resident card.

The period of stay limit for foreign residents has been extended from three years to five years. Under the new system, people leaving Japan will not be required in principle to obtain a re-entry permit if they hold a passport and a resident card and return to Japan within a year and before their period of stay expires.

Foreigners with a resident card or a special permanent resident certificate are included in the national resident registry and they will be able to obtain a copy of their certificate of residence from their local municipality.

On the other hand, those who stay in Japan illegally will not be included in the registry. This could prevent them from obtaining administrative services including education services and medical assistance because local municipalities will not be able to obtain necessary information, such as their address.
ENDS
////////////////////////////////////////////

The Japan Times Tuesday, July 10, 2012
Re-entry permits soon consigned to history
Foreigners flock for new residence IDs
By MINORU MATSUTANI Staff writer

A large number of foreign residents flocked to the Tokyo Regional Immigration Bureau on Monday, the first day it is issuing new “zairyu,” or residence, cards to replace alien registration cards.

At 8:30 a.m., more than 100 people had lined up for the applications to obtain a new card, an official at the center in Minato Ward said.

Those who arrived at around 8 a.m. had to wait about two hours. People who didn’t bring a head shot measuring 4 cm by 3 cm also had to line up at the photo booths.

Eight regional bureaus, six district immigration offices and 63 branch offices across the nation are now issuing the residence card. Applicants can go to a bureau or office, fill out the application form and receive the card the same day.

“I feel like a part of society,” Yang Chunying, 52, a Chinese national, said after receiving her residence card at the Tokyo bureau. “I am glad to have the card because things will be more convenient.”

The new immigration control system that began Monday has unified the administrative work on foreign residents under the Immigration Bureau.

While some fear that controls on non-Japanese will be tightened, the government has made it more convenient for law-abiding foreigners by extending visa lengths to five years from the current three, and eliminating the requirement to obtain a re-entry permit before leaving Japan for any period less than a year.

The system is designed to be tougher on illegal residents, however.

Such people have been receiving various public services because municipalities usually don’t care about who is here legally or illegally, but this may not last under the Immigration Bureau’s watch.

Some 130 people, mainly Asians, held a demonstration Monday against the new immigration control system at Hibiya Park in Chiyoda Ward, Tokyo, saying it is overly harsh on illegal residents.

Rest of the article at
http://www.japantimes.co.jp/text/nn20120710a1.html

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

First new residency cards for foreign nationals issued at Haneda
July 09, 2012 (Mainichi Japan)
http://mainichi.jp/english/english/newsselect/news/20120709p2a00m0na013000c.html

Two people on a flight from the United States became the first to get Japan’s new foreign resident cards early on the morning of July 9, the first day of the Ministry of Justice’s new mid- to long-term residency management system for foreign nationals.

Late on July 8, staff from the Immigration Bureau — administered by the justice ministry — stood by at Tokyo International Airport (Haneda) in preparation for the switch to the new system. When the clock struck midnight, they changed the signs above the immigration counters, and those indicating card-issuance counters for mid- to long-term residents.

Two passengers from a flight from Los Angeles, California, were the first to apply for the new resident cards at around 4:30 a.m. on July 9. The first recipient was Carlos Shaw, a 37-year-old Tennessee native who was coming to Japan for the first time. Shaw, who is here to teach English at an elementary and junior high school in Yamagata, said he felt lucky to be the first recipient of the new card.

Because the alien registration certificates that had heretofore been issued are being replaced by the new resident cards, mid- to long-term residents already in Japan must exchange their old cards for new ones when they renew their visas. Foreign nationals residing in Japan illegally are not eligible for resident cards under the new system.
ENDS
Original Japanese

在留管理:新制度スタート 「カード」を交付
毎日新聞 2012年07月09日 10時14分(最終更新 07月09日 11時08分)
http://mainichi.jp/select/news/20120709k0000e010074000c.html

3カ月以内の短期滞在者などを除く外国人正規滞在者(中長期在留者)に「在留カード」を交付する「新しい在留管理制度」が9日、スタートした。同日早朝、羽田空港(東京都大田区)の入国審査場では、米国籍の男性が同制度で初の在留カードを手にした。

羽田空港では、8日深夜から法務省入国管理局の担当者らが新制度への移行に向けて待機。日付が9日に変わると、入国審査ゲート上の看板の表示を新しくする作業を行い、カード交付用窓口の表示を「中長期在留外国人」に変えた。

9日午前4時半過ぎ、米ロサンゼルスからの航空機に搭乗していたうち2人が初めて在留カードの交付手続きを実施。第1号の取得者となった米テネシー州のカルロス・ショーさん(37)は「山形の小中学校で英語を教えるため、初めて日本に来た。今日から在留管理制度が新しくなることは知らなかったので、第1号だと聞いて、とてもラッキーな気分だ」と驚いていた。

新制度の導入により外国人登録証が失効するため、既に国内に滞在している中長期在留者は9日以降、在留カードへの切り替えを行うことになるが、不法滞在者は新制度の適用外で、カードを取得できない。【伊藤一郎】
ENDS

Japan Times JUST BE CAUSE Column 53 July 3, 2012: “In formulating immigration policy, no seat at the table for NJ”

mytest

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Hi Blog. My Japan Times JUST BE CAUSE Column 53 dated July 3, 2012, is on the Japanese Government’s renewed policy debate on creating conditions conducive to immigration (without actually portraying it in any way as “immigration” (imin), just more NJ residents). It’s their attempt to address Japan’s demographic and probable economic nosedive despite their assiduous efforts over the decades to a) exploit NJ as temporary workers on a revolving-door labor visa regime, b) blame NJ for all manner of social ills, including foreign crime and desertion, and in the process c) poison the public debate arena for productive discussion about ever treating NJ well enough that they might want to actually stay (since the past three years have seen the NJ population continuously dropping, after 48 years of unbroken rise). The writing’s on the wall, and the GOJ is finally doing something constructive. But (as usual) the bureaucracy is controlling the agenda, and the typical blind spots are coming into play, so as things stand now I think the policy drive will be ineffective.  Have a read and a think.  Arudou Debito
justbecauseicon.jpg

In formulating immigration policy, no seat at the table for non-Japanese

The Japan Times: Tuesday, July 3, 2012
JUST BE CAUSE Column 53 for the Community Page
By ARUDOU Debito
http://www.japantimes.co.jp/text/fl20120703ad.html

Last month the Japanese government took baby steps toward an official immigration policy. Ten ministries and several specialist “people of awareness” (yūshikisha) held meetings aimed at creating a “coexistence society” (kyōsei shakai) within which non-Japanese (NJ) would be “accepted” (uke ire).

This is a positive change from the past two decades, when Japan cultivated an unofficial unskilled labor visa regime that a) imported NJ as cheap work units to keep Japanese factories from going bankrupt or moving overseas, and then b) saw NJ as an inconvenient unemployment statistic, fixable by canceling visas or buying them tickets home (JBC, Apr. 7, 2009).

Yes, we’ve seen this kyōsei sloganeering before. Remember the empty “kokusaika” internationalization mantra of Japan’s ’80s bubble era?

But this time the government is serious. Sponsored by the Cabinet, these meetings are considering assimilationist ideas suggested by local governments and ignored for a decade.

Why? Attendees acknowledged that Japan needs NJ to revitalize its future economy.

Unusually, their discussions were open to public scrutiny (www.cas.go.jp/jp/seisaku/kyousei/index.html) Thank you. And here scrutiny comes . . .

The good news is that the meetings’ heart is in the right place. A fuller analysis of the materials can be found at www.debito.org/?p=10271, but what they’re getting right includes:

• State-supported Japanese language education for all NJ.

• State-supported education for all NJ children (so they don’t wind up as an illiterate unskilled underclass).

• More multilingual information online and in public access areas.

• Proper enrolment for NJ in Japan’s health, unemployment and social welfare systems.

• More assistance with finding NJ employment and resolving unemployment.

• Some attention to “cultural sensitivity” and “mutual respect” issues (not just the one-way gripe of “how NJ inconvenience us Japanese on garbage day”).

• Better coordination between all levels of government for more comprehensive policies, etc.

Bravo. But there are some shortcomings:

First, definitions. What do “coexistence” and “acceptance” mean? Just letting people across the border? Gated communities? Official recognition of ethnic minorities and domestic “foreign cultures”? Acceptance of ethnic differences as “also Japanese”? Or repressing and overwriting those “foreign cultures” (a la the Ainu, Okinawans, Koreans and Taiwanese in Meiji Japan). Without making the terms of discussion clear, we can’t see ultimate intentions.

Second, hard-wired in the proceedings is a narrative that “offsets” and “others” NJ. We have the standard embedded policy invective of “our country” (wagakuni — but isn’t Japan the country of all its residents?), with the issue couched negatively as “the foreign laborer problem” (gaikokujin rōdōsha mondai). If NJ are not treated as intruders, then they are “guests” (as opposed to just human beings) being indulgently granted something from above.

Third, the ministries are considering vague “environmental preparations” (kankyō seibi) before more NJ get here. (But wait, aren’t NJ already here? Or are we somehow wiping the slate clean?)

OK, fine — semantics. But then you read how each ministry’s proposal further betrays an odd predisposition toward NJ:

The Justice Ministry complained that they can’t “administer” (kanri) NJ properly once they cross the border. But with upcoming reforms to NJ registration systems ferreting out more visa miscreants, that’s fixed, they added. Phew. Not much else was proposed.

The health ministry suggested making some important improvements to welfare and employment systems. But nothing too legalistic — after all, discrimination against NJ as workers is already forbidden (kinshi) by law (as if that’s made much difference so far). They also heralded the preferential treatment for “high-quality” (shitsu no takai) NJ from now on through a new “points system” (critiqued as problematic in my March 6 column).

The Cabinet talked exclusively about assisting nikkei — NJ of Japanese descent. Never mind residents from, say, China or the Philippines; bloodlines take priority.

The education ministry recycled old ideas, saying that we need to teach NJ the Japanese language and, er, not much else — not even any antibullying proposals.

Nothing at all from the attending ministries of foreign affairs, finance, trade and industry, transport and tourism, or forest and fisheries.

The most useless report was from the National Police Agency, who, with a single page of statistics cooking up a NJ crime rise (despite a dramatic fall across the board (JBC, April 3)), advocated more policing, much like the Justice Ministry did. (Funny thing, that: Are the police invited to every policy meeting on the treatment of Japan’s residents, or only for policies concerning those inherently untrustworthy NJ residents?)

The biggest problem was the lack of diversity. As this article went to press, all attendees were older Japanese men (OK, two women), with approximately the same socioeconomic status and life experience. Not one NJ attended.

Thus everyone relied on third-party “reports from the field” (genba de), as if NJ are exotic animals studied from binoculars in their habitat. Not even the token Gregory Clark (who never misses an opportunity within these pages to claim how open-minded the Japanese are because they plonk him on blue-ribbon panels) was shoehorned in.

If the people for whom this policy is being created are not present at the agenda-setting stage, the inevitable happens: blind spots.

Here’s the major one: Where is the legal apparatus (hō seibi) to back up those “environmental preparations”?

For example, where is a proposed amendment to the Basic Education Law (to remove the conceit of kokumin, or Japanese national) to ensure that Japanese schools can no longer refuse NJ children an education?

Where is a proposed punishment for the employer who treats his NJ workers unequally, such as by not coughing up their required half of social insurance payments?

What about that law against racial discrimination? Again, these meetings are a well-intentioned start. But I think the outcome will still be policy failure. For there is still no discussion about making NJ feel like they “belong,” as “members” of Japan.

Academic Yumiko Iida (a Japanese, so no claims of cultural imperialism, please), in her award-winning research about Japanese identity (see www.debito.org/?p=10215), argued that there are four things any viable nation-state must create to make its people feel like “members”:

1) A shared memory of the past (i.e., a national narrative) that links them all.

2) A sense of community, with moral obligations attached to it.

3) A world view that makes sense.

4) Hope for the future that other people share.

Consider how NJ are denied these things:

1) NJ have little presence in Japan’s history (remember the old saw, “Japan merely borrows ‘things’ from overseas and then uniquely ‘Japanizes’ them”) so, as these meetings indicate by their very attendance roster, NJ are forever an exogenous force to Japanese society.

2) As discussed on these pages (JBC, June 5), NJ are systematically othered, if not completely ignored as even a minority community within Japan, and that will naturally discourage a feeling of moral obligation to Japan.

3) A world view that does not acknowledge the existence of entire minority peoples cannot possibly make sense to those peoples.

4) Hope for the future in a Japan in decline is a hard sell even for Japanese these days.

The point is, if this policy discussion is to go beyond political theater, the GOJ must now use the dreaded word “immigration” (imin). It must also prepare the public to see immigrants as members of Japanese society — as minority Japanese.

This committee has not. It had better start.

In this era of unprecedented opportunities for world labor migration, Japan must be more competitive. Above all, it must lose the arrogant assumption that people will want to come to Japan just because it’s Japan.

Japan must seriously think about how to be nice — yes, nice — enough to NJ so that they’ll want to stay. And that means making them feel equal in terms of importance and inclusion — as though they belong — with everyone else.

So you want to create public policy that reflects, not dictates, what NJ need? Then listen to those of us already here. The government has admitted you need us. Treat us as an exogenous force at your peril.

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

Twitter @arudoudebito. Just Be Cause appears on the first Community page of the month. Send your comments to community@japantimes.co.jp. For readers’ views on last month’s column, please visit www.japantimes.co.jp/text/fl20120703hs.html
ENDS

GOJ Cabinet “Coexistence with NJ” Pt. 2: Critique of June 15, 2012 meeting — a very positive Third Act to this Political Theatre

mytest

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Hi Blog. Following up on my blog post of June 10: “GOJ embryonic policymaking reboot for “co-existence with foreigners”: Some good stuff, but once again, policy about NJ without any input from them“, here is an evaluation of the GOJ’s third meeting of June 15, 2012. It’s taken a while to report on this since The Cabinet took their time putting the meeting’s materials online, but here is the cover page for proceedings, courtesy of http://www.cas.go.jp/jp/seisaku/kyousei/dai3/sidai.html

(click to expand image)

Once again, let’s walk through the materials provided. First up, the people (the yuushikisha “people of awareness” experts, presenting their views to the GOJ.  Here are the links:

1.開会
2.中川大臣挨拶
3.議事
  外国人が生活する「現場」での課題、取組について
  (有識者からのヒアリング)
  • 鈴木康友氏 (静岡県浜松市長)
  • 中山弘子氏 (東京都新宿区長)
  • 田村太郎氏 (多文化共生センター大阪代表)
  • 坂本久海子氏(NPO法人愛伝舎理事長)
4.閉会
【配付資料】
 資料1 鈴木氏提出資料
 資料2 中山氏提出資料
 資料3 田村氏提出資料
 資料4 坂本氏提出資料
 参考資料1 第2回検討会議(6月1日)における主な発言
 参考資料2 「外国人との共生社会」実現検討会議の開催について(要綱)
 参考資料3 当面の検討会議スケジュール
 参考資料4 有識者ヒアリング参集者
 参考資料5 外国人との共生社会の実現に向けた主な論点、検討課題(例)

As noted in my June 10 post, these are the backgrounds of the presenters:

Mr Suzuki Yasutomo is Mayor of Hamamatsu City, Shizuoka Prefecture (since so many NJ are clustered there working in factories; here’s his “manifesto” linked, with emphases on NJ children’s education, proper communication between Hamamatsu gaikokujin shimin (thank you) and the regular sort, and facilities).  Ms Nakayama Hiroko is the Kuchou of Tokyo Shinjuku-ku (where the famed “a lawless zone of foreign crime” Kabukicho is; however, here’s her very well organized and readable “manifesto” for the next four years, which has decent mentions of, yes, “multicultural coexistence” and some proposals to back them up (see policies 51-53)).  Mr Tamura Taro is representative of the Multicultural Center Osaka (which works a lot with Nikkei Brazilian issues).  Ms Sakamoto Kumiko is head of NPO Aidensha (which works with Portuguese speakers etc. in Mie Prefecture explaining Japan’s rules, helping them get homes and proper insurances, and assisting in translations etc.).  They all seem informed and on the level, albeit there is weighting towards dealing with Nikkeis rather than just NJs.  Now let’s look at what they presented to the GOJ:

ITEM ONE:  Hamamatsu Mayor Suzuki’s powerpoint:

Mayor Suzuki opens with an overview of the major changes in the makeup of NJ since 1990, with the doubling of the NJ population and then the drop after the “Lehman Shock” and Fukushima.  Particularly noted was the drop in their (local) Brazilian population (which makes the GOJ’s focus on Nikkei NJ all that more puzzling, given the absence of the Chinese and Filipinas/nos, as the other top NJ (and growing, unlike the Brazilians) at this forum).  Suzuki makes the salient point that cities around Hamamatsu have been cooperating for more than a decade now to create policies helping their NJ residents (e.g., The Hamamatsu Sengen, up to now studiously ignored by the GOJ).  He gives the demographics of his NJ, particularly how long they’ve been here (nearly half for more than 15 years [!]), and that nearly half of them have Permanent Residency (and 83% have long-term visas).  He talks inter alia about Hamamatsu’s measures taken (e.g., Japanese language teaching, in which 89% of teachers are “volunteers” not assisted by the GOJ), and laments that there is no compulsory education for NJ children guaranteed by law [!!].  He also talks about the “lack” (ketsujo, the same word used when decrying a lack of common sense) of unified policy or promotion on the part of the GOJ (particularly singling out the Cabinet for treating NJ as “a laborer problem” and over-focusing on Nikkei [!!!] concerns), and an overall “lack of aim to accept NJ” (gaikokujin no uke ire houshin no ketsujo).  He proposes a) that a joint integrated social policy be created and promoted at the national level; b) that teijuu (Long-Term Residency, a quasi-PR visa hitherto reserved for the Nikkei Brazilians and Peruvians) policies be expanded to all NJ; c) that a “NJ Bureau” (kyoku) be created in the short term, a “NJ Agency” (gaikokujin chou) be created in the medium term; d) that this “coexistence” series of meetings be made continuous; e) that a research council be established with more yuushikisha and people who have experience in education (gakushoku keikensha), and f) that a non-partisan politician group be created within the Diet to debate more on how to accept (uke ire) NJ. [!!!!]

(COMMENT:  Wow.  Let me just interject bowdlerized Hendrix here:  “Excuse me, while I kiss this guy!”)

ITEM TWO:  Shinjuku-ku Head Nakayama’s powerpoint:

Ms. Nakayama opens with a view “from the field” (genba de) of how NJ live their lives (I guess that’s somehow better than having NJ actually there at the meeting).  Her 14-page but very readable powerpoint goes through the statistics of the NJ under her mandate:  11% of all residents (appropriately now worded as juumin) are NJ, with the top three quarters  (37% each) Koreans and Chinese; fewer PRs than the national average (far more people, particularly close to half of all the Chinese, are there on “student” visas (ryuugaku; shuugaku) due to the local J language schools and Waseda), along with a jump (more than doubling) in the number of PRs; a quarter of all NJs live in the (traditionally Korean district) of Ohkubo, and a fifth are young, in their twenties.  Interesting stats, but….  Just when you think this presentation will end as a show-and-tell, we get a few slides on Shinjuku-ku’s attempts at multicultural coexistence policies:  Japanese language training (taught again by volunteers) at their Tabunka Kyousei Plaza, with a paid course (1500-4000 yen per semester) once or twice a week in ten locations, and a multilingual “consultation corner” in English, Korean, Chinese, Burmese, and Thai.  There is some Japanese language teaching for Grade and Jr. High schoolers both at the Ku-level and at some Ku-ritsu schools.  There some “guidelines” handbooks for life and disaster prevention in Korean, Chinese, English, and Japanese, and finally rah-rah the end of the presentation, where she says that we at the local level are doing lotsa stuff to help people, but there’s a limit to what they can do:  We have to come up with a unified philosophy (ri’nen) for how we’re going to systematize social welfare, employment, education, children’s upbringing, and lifestyles for NJ, etc., etc.  There were no grounded proposals beyond that, making Ms Nakayama’s presentation a definite anticlimax to Mayor Suzuki’s suggestions.  In the end, this felt like a bureaucratic presentation justifying budgets.

ITEM THREE:  Multicultural Center Osaka Head Tamura’s powerpoint:

Tamura also opens with the “genba de” view (sorry, must just be the title they were given by the bureaucrats, but Suzuki above shirked it), first introducing his NPO and what it does (promoting daibaashiti; okay, that sounds better to me than the hackneyed and misunderstandable “coexistence”) though its five centers nationwide.  Tamura was deeply involved in the volunteer efforts for relief and recovery in Tohoku area over the past year.  Comes off as a good egg.  Then he gets to his points about NJ residents:  He pointed out three “weak spots” (3 tsu no zeijaku sei) in how NJ live their lives as J residents:  1) a language and customs barrier (i.e., lack of instruction and access to policy), 2) legal recourse (little to no translation systems or personnel, or guaranteed access to education or boards of education), and 3) misunderstandings and prejudices on the part of Japanese society (e.g., “Hey, they came here of their own accord so they can fend for themselves”, or “the increase in NJ threatens our public safety”).  This results in their being excluded from education, employment, accommodation, and welfare.  NJ should not be seen as “weak” in themselves, but rather as in a weakened position in society.  He advocates inter alia that 1) NJ be seen by society not as “temporary stayers” but as “permanent citizens” (eijuu suru shimin — with an effective chart comparing the rise of PR Newcomers over the PR Oldcomers on page 4); 2) gentle and sophisticated (teinei) policies for coexistence be created reflecting the diversity in NJ based upon their specific areas of residence (with four sophisticated models proposed for a) major cities, b) places with high NJ populations, c) suburbs, and d) provinces, quite specific in detail; page 5); 3) four groupings for dealing with the major parties to this issue — the local governments, the national government, the local Japanese residents and industry, and — yes — the NJ communities (finally, an acknowledgment of a sense of domestic ethnic community without it being construed as a threat to Japan); again, quite detailed on page 6); 4) consider the future Japan with one million NJ PRs (nearly at that point already), and what should be done about it — inter alia:  a) consultations with NPOs and local governments, b) not seeing problems as specifically “foreign problems”, c) public acknowledging the good that NJ do for Japanese society, d) social workers that include NJ residents, and e) laws to back up any policies.  [!!!!!]  Very, very good stuff indeed!

ITEM FOUR:  NPO Aidensha Head Sakamoto’s powerpoint:

Sakamoto gave a very thick and academic series of essays that probably put the bureaucrats to sleep, opening with an organizational chart of how NPOs and NGOs relate to society at large in their activities.  She gave an over-detailed laundry list of the activities her NGO has carried out (including how find free computer courses and how to register e-messages; filter, Ms. Sakamoto!).  Amidst some very meaningful jobs Aidensha does (e.g., assisting people out of DV situations, finding housing, assisting with visa and social insurance issues, etc.) was the overwhelming chaff of giving case studies and telling stories about their hard work, when all the audience merely wanted was conclusions and advice.  Her points, when filtered of chaff, useless stats, and photographs were inter a lot of alia, 1) helping non-native speakers of Japanese get around and fend for themselves, 2) educating NJ children, 3) resolving employment and unemployment problems, 4) finding stable lives and residences, and, er… f) we should be nice and respectful to one another.  When we get into what I call “Kumbaya Territory”, you lose the bureaucrats.  I hope somebody patted her on the back for all her hard work, since that’s what it seemed like she wanted.

The other five items at the links above were recap:  Items 1) and 2) were the Minutes and Attendees from the previous meetings (which I covered in my blog entry here), 3) was the schedule of meetings previous and future (the next one will be July 3, with more yuushikisha, and the fifth one will be at a later date and feature interim thoughts on what concrete policies to pursue).  Item 4 tells us who are the scheduled yuushikisha for the July 3 meeting (including — gasp! — an actual NJ, or rather, former NJ, naturalized former Brazilian Angelo Ishi of Musashi University, along with three other regular Japanese academics from Tsukuba, Keio, and Dokkyou Universities).  The final Item 5 was a summary of the points under consideration so far regarding realizing a “Coexistence Society with Foreigners” all over again.  The problems listed therein were also recaps of ones covered in my previous blog entry.

COMMENT:  Alright, this is a positive series of developments, with inputs much better than the first two meetings (it’s a pity the short-sighted bureaucrats almost always get first dibs on agenda setting, with the people who might offer different opinions, such as Angelo Ishi, thrown in later down the line as an afterthought.  Nevertheless, it’s a good Third Act in this political theatre, where people who contributed to the June 15 Meeting have made their points, two of them saying things I would have said (down to the semantics).  Good.  Still, however, no mention of that law against racial discrimination…

More on the July 3 Meeting when it goes online no doubt in a few weeks.  Thanks for reading.  Arudou Debito

The Govinda (Mainali) miscarriage of justice murder case ruled for retrial after 15 years, so Immigration deports him. But there’s more intrigue.

mytest

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Hi Blog. Making headlines this past week has been the Govinda Mainali Murder Case, a cause celebre I’ve known about for years (thanks to a very active domestic support group with regular mailings in Japanese). It’s come to a head, where DNA evidence has finally cast enough doubt on the evidence behind the conviction (see Yomiuri article immediately below), and it’s come to light (see Japan Times editorial below) that the prosecution withheld (or didn’t bother to have tested) vital evidence from the court (yes, they can do that in Japan) that would have exonerated him. It also put him in double jeopardy, meaning trying him more than once for the same crime (technically illegal, but yes, they can do that in Japan), reversing a not-guilty decision in lower court. As if that wasn’t enough, note the date of the Yomiuri article below stating the negative DNA test (July 2011) — meaning it only took Japan’s criminal justice system about a year for him to finally get his retrial, on top of the 15 years he’s been incarcerated. And after all that, now that it looks like Govinda is going to have his name cleared, Immigration is just going to deport him. The police in Japan are sore losers.  (At least Sugaya Toshikazu, in a very similar situation to Govinda, got an apology in 2009 from public prosecutors, not deportation.)

Now, check out the details in Terrie’s Take below, where the plot really thickens because the murder victim, a prostitute in her off-hours, was an employee with TEPCO (yes, that TEPCO) with names of some high-level clients in her address books…

As Terrie Lloyd notes below (as have I in the Japan Times), the already prosecutor-heavy criminal justice system in Japan is even more so if the suspect is a NJ.  More and more it looks like Govinda Mainali was actually a patsy for the powerful because he was a convenient foreigner for the Japanese police to pin this on. I’ve already discussed in detail before how Japan’s criminal investigation system is fully stacked against NJ victims (start here with the Scott Kang and Matthew Lacey Cases, then progress to the Suraj Case, where the police have still gotten away with murder). The Govinda Case is yet another case study for everyone to remember for when the NJ are potential perps.  Can’t win either way once the Japanese police get their hands on you. Arudou Debito

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東電OL事件、再審の可能性…別人DNA検出
読売新聞 2011年7月21日(木)3時1分配信
Courtesy of CJ
http://headlines.yahoo.co.jp/hl?a=20110721-00000090-yom-soci

東京都渋谷区で1997年に起きた東京電力女性社員殺害事件で、強盗殺人罪により無期懲役が確定したネパール国籍の元飲食店員ゴビンダ・プラサド・マイナリ受刑者(44)が裁判のやり直しを求めた再審請求審で、東京高検が、被害者の体から採取された精液などのDNA鑑定を行った結果、精液は同受刑者以外の男性のもので、そのDNA型が殺害現場に残された体毛と一致したことがわかった。

「(マイナリ受刑者以外の)第三者が被害者と現場の部屋に入ったとは考えがたい」とした確定判決に誤りがあった可能性を示す新たな事実で、再審開始の公算が出てきた。

この事件でマイナリ受刑者は捜査段階から一貫して犯行を否認。同受刑者が犯人であることを直接示す証拠はなく、検察側は状況証拠を積み上げて起訴した。

2000年4月の1審・東京地裁判決は「被害者が第三者と現場にいた可能性も否定できない」として無罪としたが、同年12月の2審・東京高裁判決は逆転有罪とし、最高裁で03年11月に確定した。

マイナリ受刑者は05年3月、東京高裁に再審を請求した。

同高裁は今年1月、弁護側からの要請を受け、現場から採取された物証についてDNA鑑定の実施を検討するよう検察側に求めた。これを受け、東京高検が精液などのDNA鑑定を専門家に依頼していた。
最終更新:7月21日(木)3時1分

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The Japan Times Friday, June 8, 2012
Mainali granted retrial, is let out of prison
DNA evidence of another man looks set to clear Nepalese
By MINORU MATSUTANI, Staff writer
http://www.japantimes.co.jp/text/nn20120608a1.html

The Tokyo High Court said Thursday it will retry Govinda Prasad Mainali, 45, a Nepalese man serving life in prison for the 1997 robbery-murder of a 39-year-old woman, because a DNA test in July contradicted the justification for its guilty verdict.

The high court also said Thursday Mainali’s sentence will be halted. He was later released from a Yokohama prison. He is expected to soon be placed in immigration custody for deportation, as he has been convicted of visa violations.

“We would like to express respect to the high court’s prompt and appropriate decision even though there was no room for doing otherwise,” Mainali’s attorneys said in a prepared statement.

“Prosecutors should comply with the decision, for doing so is in compliance with prosecutors’ philosophy: ‘Prosecutors must not regard guilty verdicts as their purpose and heavy punishments as their achievement.’ “

The Tokyo High Public Prosecutor’s Office immediately filed an objection to the court’s decision, with deputy chief Toshihiko Itami saying the decision was “totally unacceptable.”

One of his lawyers quoted Mainali as saying, “I am glad I found a judge who believes my innocence and truth.”

His wife, Radha, 42, expressed her gratitude at a news conference in Tokyo. His daughter, Alisha, 19, said the past 15 years were “very long and dark.” They came to Japan with another of Govinda’s daughters, Mithila, 21.

The victim, a Tokyo Electric Power Co. employee whose name was withheld and who engaged in prostitution at night, was found dead March 19, 1997, in a vacant apartment in Shibuya Ward, Tokyo. Mainali, who lived nearby, was arrested four days later on suspicion of overstaying his visa. He was later charged with murdering and robbing the woman, after police learned that Mainali was an acquaintance of hers, had a key to the flat and because a used condom found in the toilet at the scene contained semen that matched his DNA.

The district court acquitted Mainali in April 2000 because prosecutors failed to prove him guilty beyond a reasonable doubt. A urologist also testified that the semen in the condom greatly predated the day of the slaying. The court added there were several unclear points, including two strands of hair found on the victim that came from a third party.

However, when prosecutors appealed his acquittal, the Tokyo High Court found Mainali guilty in December 2000 and sentenced him to life behind bars even though no new evidence was presented. The high court said “it is difficult to think someone other than” Mainali brought her to the vacant apartment where she was slain and called his testimony unreliable.

The Supreme Court finalized the sentence three years later.

Mainali’s coming retrial is based on DNA tests carried out on semen found in and on the victim. It was that of another man and matched the hair fibers.

Prosecutors often appeal lower court-meted acquittals because they imply the case will be brought before a high or the Supreme Court, and thus do not violate the law against double jeopardy.

Japan, like many nations, bans double jeopardy, but the judicial system considers district court, high court and Supreme Court trials of the same party for the same alleged offense to be separate trials, unlike in other countries where the verdict in the trial of first instance stands.

Rest at http://www.japantimes.co.jp/text/nn20120608a1.html

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The Japan Times Tuesday, June 12, 2012

EDITORIAL
Don’t delay justice any longer
http://www.japantimes.co.jp/text/ed20120612a1.html

The Tokyo High Court on June 7 decided to retry a Nepalese man serving a life sentence for the 1997 robbery-murder of a 39-year-old woman in Tokyo on the strength of new evidence and he was released at the court’s order. But the Tokyo High Public Prosecutors Office immediately filed an objection. The prosecutors office should refrain from any further moves to delay the start of the retrial because the high court decision is based on DNA evidence that suggests that the perpetrator was not Mainali.

A female employee of Tokyo Electric Power Co. was found dead in a vacant apartment in Maruyama-cho, Shibuya Ward, on March 19, 1997. Govinda Prasad Mainali, now 44, living nearby, was arrested four days later based on the fact that he had a key to the apartment and that semen left in a condom found in the apartment’ toilet matched his DNA. Mainali has consistently denied the charges.

The Tokyo District Court in April 2000 found him innocent. It said that it was not clear whether the condom was used at the time the crime was committed and that two strands of hair found on the victim came from a third party. But the Tokyo High Court in December the same year found him guilty primarily on the grounds that a notebook owned by the woman, who meticulously kept records on men she had sexual intercourse with, contained no reference to the condom in question.

Semen was also found inside the woman’s body. Its blood type matched that of another man, but the prosecution did not carry out a DNA test on the grounds that the amount was so small, and given the technological limits at the time, a DNA test was impossible.

In hearings to request a retrial for Mainali, his defense counsel called for a DNA test on the semen. A DNA test in July 2011 found that it did not match Mainali’s DNA, but that it did match the DNA of a strand of hair left on the carpet at the scene and a blood stain on the victim’s coat. These findings suggest that a different man was in the apartment when the crime was committed. The high court said that the findings constitute enough new evidence for a court to overturn the original guilty ruling against Mainali and render a not-guilty ruling.

Long after Mainali was found guilty, it was revealed that the prosecution had withheld critical evidence concerning the semen, the bloodstain and saliva found on the victim’s breast. A law should be enacted that requires the prosecution to reveal all its evidence to the court and the defense lawyers, and to punish all public prosecutors who do not comply. A system also should be devised to preserve evidence indefinitely for future testing if needed.

ENDS

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Order issued to deport Nepalese man granted retrial over 1997 Tokyo murder
TOKYO, June 11, 2012 Kyodo, courtesy of JK
Order issued to deport Nepalese man granted retrial over 1997 Tokyo murder
http://english.kyodonews.jp/news/2012/06/163137.html

Immigration authorities on Monday issued an order to deport a Nepalese man who has been granted a retrial after the Tokyo High Court decided last Thursday to reopen the case of the murder of a Japanese woman in Tokyo in 1997.

Godinda Prasad Mainali, 45, who arrived in Japan in 1994, was convicted of overstaying his visa in 1997. Ongoing deliberations for a retrial will continue even with his absence from Japan.

On the order issued by the Tokyo Regional Immigration Bureau, Mainali is expected ot soon leave Japan along with his wife Radha, 42, and their two daughters Mithila, 20, and Alisha, 18, who came to Japan from Nepal last week.

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Mainali to be deported soon

NHK World June 12, 2012, courtesy of JK

http://www3.nhk.or.jp/daily/english/20120611_24.html

A Nepalese man who was granted a retrial in the murder of a Japanese woman 15 years ago will leave for home soon.

Japan’s Immigration Bureau issued a deportation order for Govinda Prasad Mainali on Monday.

Mainali was released from prison and sent to an immigration facility in Yokohama after a Tokyo court granted his retrial. He had been serving a life sentence for the 1997 murder that took place in the capital.

Sources say Mainali wants to return to Nepal at his expense together with his wife and 2 daughters. The three came to Japan last week.

The Immigration Bureau plans to deport Mainali as soon as he is issued a passport by the Nepalese Embassy and his plane tickets are ready.

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Nepalese Man Granted Retrial Ordered to Leave Japan

http://jen.jiji.com/jc/eng?g=eco&k=2012061100400

Tokyo, June 11 2012 (Jiji Press)–The Tokyo Regional Immigration Bureau’s Yokohama branch issued a deportation order Monday to a Nepalese man who was granted a retrial and released Thursday after being jailed for the murder of a Japanese woman in 1997.
Govinda Prasad Mainali, 45, has been in custody at the immigration office as his prison sentence for the killing of the Tokyo Electric Power Co. <9501> employee was halted. [sic]
Mainali is expected to return to Nepal on Tuesday at the earliest.
The office decided to deport Mainali, convicted of violating the immigration control law, as he wished to return home in an interview, officials said.
He is to return to Nepal after the Nepalese embassy in Tokyo issues a passport which he has sought.
(2012/06/11-13:40)

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Japan Times Monday, June 11, 2012
http://www.japantimes.co.jp/text/nn20120611a3.html

Mainali faces difficult readjustment after 15 years in prison
Kyodo
KATHMANDU — The elder brother of a Nepalese man granted a retrial in Japan after serving 15 years in prison for the 1997 murder of a Japanese woman expects his sibling’s rehabilitation to be a challenge.

Indra Mainali, 54, who is waiting for Govinda Prasad Mainali’s return to Nepal, said while the Tokyo High Court’s decision on Thursday to grant a retrial has ended a chapter in Govinda’s suffering, another chapter of less tangible suffering is about to begin.

Govinda’s daughters felt during conversations with their father last week that 15 years of imprisonment have inflicted heavy psychological and emotional damage on their father, Indra said.

Mithila, 20, and Alisha, 18, met their father twice last week, the first time in prison and the second time at the Tokyo Regional Immigration Bureau’s Yokohama office, where he is currently in custody awaiting deportation. Including these meetings, the daughters have met their father only three times over the past 15 years.

After his long imprisonment, Govinda, 45, seemed very worried about how he will adjust to his family and social life, said Indra, who took over responsibility of Govinda’s family after his arrest and conviction in Japan.

Indra said his brother had not expected that he would leave prison the day he was granted a retrial.

According to Indra, prison security personnel suddenly told Mainali late afternoon on Thursday to pack his things and get ready.

They did not allow him time to say goodbye to other inmates.

They did not tell him that he was being released. Later, a police officer arrived at the prison and drove him to the immigration office.

“We expect in him a number of psychological (problems) and problems related to his rehabilitation in family and society…We will just try our best to bring him back to normalcy,” Indra said.
Rest at http://www.japantimes.co.jp/text/nn20120611a3.html

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

TERRIE’S TAKE

TT-665 — Govinda Mainali – Justice 15 Years Too Late, ebiz news from Japan
http://www.japaninc.com/tt665_Govinda_Mainali–justice_15_years_too_late

Last week something happened that we never expected to see:
the release of Govinda Prasad Mainali, a Nepalese who has
been in prison on and off since 1997. Mainali was released
to Immigration authorities, who are going to deport him for
overstaying his visa back in 1997, because the Tokyo High
Court finally agreed to a retrial of Mainali after new DNA
evidence.

Japan has an extremely high conviction rate for many
reasons, including some not to be proud of. One of these is
the willingness of the courts to hear prosecution testimony
with greater belief than anything the defense may say.
Particularly problematic is the acceptance of “induced”
confessions as if they were fact, even if the other
evidence is not sufficiently supported by actual facts.

Further, the conviction rate of foreigner suspects (you
definitely don’t want to be one) is a foregone conclusion,
with seemingly little or no interest by the courts about
who actually committed the crime when a foreigner is offered
up as the perp. There are a number of recorded cases where
the courts have actually SAID there has been insufficient
evidence for an ordinary conviction, but none-the-less
have convicted the defendant anyway, simply because the
prosecutors said they did it.

Unfortunately the Japanese police, immigration, and
prosecutors have the ability to “disappear” suspects for
days or even months while they mercilessly interrogate them
so as to extract a confession. This is not just a foreigner
thing. The abuse of this system became so bad that several
years ago new laws were pushed through that now require
prosecutors to record their interrogation interviews.
However, this doesn’t force them to treat the suspect
humanely and there are still lots of ways for them to
induce a confession outside of the actual interrogation.
And, well, the recorder could always just run out of
batteries…

The case of Govinda Mainali is particularly distressing,
and reminds all foreigners that through seemingly innocent
circumstances we could just as easily be caught up in a
similar situation. Reading about his case makes you feel
like we’re living in an emerging economy in the Middle East
rather than a first-world country like Japan. In
particular, we feel that his is a case where his race and
foreignness played a large part in how he was treated. At
the same time we concede that Japan does not have a
monopoly on unfair treatment by the courts. There are
plenty of examples in the UK and USA to compare.

The background to his case is that he was a restaurant
worker in Shibuya and who shared an apartment with four
others. Unfortunately for him, he started seeing a local
hooker, Yasuko Watanabe, and struck up a relationship with
her. By all accounts they didn’t see each other often, but
at some point he helped her get access to a vacant
apartment near his, and she used to take her customers
there — four men a night, virtually every night. What is
weird is that she was leading a double life and by day was
a highly paid researcher for Tokyo Electric Power Co.
(TEPCO). When she was found murdered in the vacant
apartment, Mainali became the prime suspect by virtue of
the fact that he had a key to the apartment and that his
name was in her diary.

The problem for Mainali is that he lied initially, saying
he didn’t know her, which of course made the police
suspicious. At some point he changed his story and agreed
that he’d slept with her, but the damage was done. The fact
that he lied wasn’t surprising, considering he was an
overstayer and was no doubt fearful of what might happen to
him, but once he started down that slippery slope, the
prosecutors pieced together all the circumstantial evidence
and decided they had their man.

Mainali had good lawyers, however, who decided there was
an injustice being done and made a crusade out of getting him
freed. In 2000 his case was thrown out by the Tokyo
District Court for lack of evidence. At that point, if he
was a Japanese he would have been let go, but because the
outstanding deportation order, the Prosecutor’s office
successfully had him kept in jail while they appealed to a
higher court. With the second trial he was found guilty and
sentenced. A subsequent Supreme Court appeal also failed.

It was only after 15 long years of appeals by Mainali’s
lawyer and a change of judge, that the prosecutor’s office
was forced to admit they had untested sperm samples in
a freezer. Just recently they reluctantly and finally
tested the DNA from the victim and they found — guess what
— the DNA wasn’t his.

What is interesting is that Yasuko Watanabe kept meticulous
records of her customers, and on that list was one of her
bosses at TEPCO, where she worked. Who else was she seeing?
Was Mainali a fall-guy for something deeper and darker?
There are various Japanese websites that speculate that
Watanabe in her day job, having written a number of damning
internal reports about nuclear power risks at TEPCO,
coupled with an affair with one of her bosses (possibly the
current Chairman of the company), meant that she was
silenced by the Yakuza on the behalf of “someone”.

Another key point, and the reason for Mainali’s release was
the fact that the Prosecutor’s office seemingly never
revealed to several appeal courts (the High Court and the
Supreme Court) that they didn’t do a DNA test on sperm
inside the victim’s body. Given how crucial it was to the
case, how is that even possible?

Anyway, Mainali is now going to be deported. No word yet on
whether he is going to be allowed back to represent himself
at the re-trial, and certainly if we were him, we wouldn’t
be planning to come back to Japan, ever. However, at that
hearing, if he is found not guilty through lack of
evidence, as he was back in 2000, then there is the small
issue of compensation. If he was in some other countries,
he might be able to claim hundreds of thousands of dollars
in mental anguish, physical hardship, and lost earnings.

But this is Japan, and in one case a South American woman
who was arrested by the Chiba Prefectural Police was
illegally confined at a hotel for 10 days until they got an
arrest warrant (god knows what actually went on at the
hotel). She was awarded JPY2m in compensation for wrongful
detention. It didn’t do her much good, though, as the court
still imprisoned her on her hotel confession even though
she retracted it once they properly charged her. She got 8
years and has no doubt been deported by now…

We wish Mainali the best of luck with the rest of his life,
and hope that his case knocks some sense into the Japanese
courts and the Prosecutor’s Office, since it’s apparent
that they were highly embarrassed by the turn of events.
But the fact is that a foreigner falling afoul of the
Japanese legal system doesn’t have a hope in hell of
getting a fair trial. In our opinion, the first step in
getting Japan to address the obvious inequalities towards
foreigners in the legal system is to pass a law making
prosecutors who hide/withhold evidence open to legal
charges themselves.

Secondly, racial discrimination against non-Japanese should
be illegal, especially by law enforcement bodies. According
to a book from Mainali’s supporters, in 1997, 76.1% of
Japanese suspects were held in custody, whereas for
foreigners the number was 99%. Apart from being a overdue
concession to human rights, equal treatment would also give
overstayers a foothold to appeal on the grounds that they
should get the same level of legal consideration that any
Japanese would expect.

Thirdly, Japan also needs to recant the death penalty.
We’re not sure why Mainali wasn’t put on the death row, but
he did get the second most harsh sentence — that of
indefinite life imprisonment. If he had been on death row,
it’s possible that after the 2003 Supreme Court appeal
failed, that he would have been hanged. Too late, then, for
apologies later.

Lastly, it is also obvious that Japan needs stricter
suspect detention rights rules, such as giving prisoners
access to legal advice and protection from abusive law
authorities, and habeus corpus procedures that require the
police and immigration to prove that they actually have
legal right to hold someone. These are obvious and simple
rights that most first-world citizens and residents take
for granted. Many people would be shocked if they knew just
how primitive the system is in Japan, and how easy it is
for foreigners in particular to fall into the legal
system’s maw.

References:

* Background to the case — http://bit.ly/KbSqwv
* Defense group’s indictment of the pathetic decision made
by the Supreme Court in the face of fresh evidence —
http://bit.ly/Kcb2wj
* Wikipedia account by Japanese — http://bit.ly/MwCPDe

ENDS

GOJ embryonic policymaking reboot for “co-existence with foreigners”: Some good stuff, but once again, policy about NJ without any input from them

mytest

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Hi Blog.  We have an important announcement courtesy of academic listserv H-JAPAN:

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

H-JAPAN
May 31, 2012
Date: Thu, 31 May 2012
From: JFMorris
Subject: Multiculturalism in Japan

Dear List members,

A committee has been set up within the Cabinet Office of Japan, composed of the vice-ministers of the Cabinet Secretariat, Ministry of Internal Affairs and Communications, Ministiry of Law, Foreign Affairs, Finance, Education etc, Health etc, Agricutlure etc, Industry etc, Land etc, Police to investigate and recommend policy on “co-existence with foreigners”. Information on the committee can be found at the following URL.

http://www.cas.go.jp/jp/seisaku/kyousei/index.html

The documentation provided here gives a very succinct summary of what the government (national level bureaucrats?) of Japan think about “foreigners” here, and how they formulate their perceptions of what the “problems” are, and very vaguely hint at where they see future solutions.

John Morris
Miyagi Gakuin Women’s University

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

COMMENT:  Many thanks to John Morris for the link.  I wish he would have elaborated on the contents of the summaries, so I will.

As concerns the goals of Debito.org (inter alia the promotion of multiracial/multicultural tolerance and and of diversity in Japanese society), here are some points of note:

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

SUMMARY:  This is not the first time the organs of the Japanese government have talked about “coexistence with foreigners” (gaikokujin to no kyousei shakai jitsugen), but more likely than not these happen at the local level (cf. the Hamamatsu Sengen, which happened repeatedly from over a decade ago yet was studiously ignored at the national level).  Now that discussion on this is taking place at the national, Cabinet level, this is a positive development.  However, these meetings (two so far, the first one was less than an hour) at the outset show the hallmarks of so much Japanese policymaking:  a biased agenda (with all the normalized invective of “wagakuni” (our country) semantically offsetting those foreigners (who have to “co-exist” with Japanese, not merge into one polity)) regarding the policy treatment of people without any input from the people being treated.  Inevitable blind spots, such as an overemphasis on Nikkei and children’s education, are already latent in the materials below.  In any case, this is a very interesting and rare view into the dialogs and mindsets behind the creation of public policy re Non-Japanese (NJ) in Japan.  More detailed summaries and analysis follow below.

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

Here is the cover of the anchor site for this policy debate (click to enlarge):

The goal written therein is interesting:  “This deliberative meeting on ‘a society coexisting with foreigners’ has been set up so that related government ministries can deliberate comprehensively in close cooperation with one another, regarding the various problems related to environmental preparations (kankyou seibi) for realizing a society where we can coexist with foreigners who have livelihoods in Japan, in order to promote the undertaking of related policies at all levels of government.” (my translation)

Okay, we’re coordinating something regarding “policy issues” (which is good, since in Japan’s tate-wari bureaucracy the ministries don’t coordinate much with each other).  So who’s attending?  According to the attached konkyo kouseiin for the May 24, 2012 meeting (click to enlarge):

It’s all governmental vice ministers (fuku daijin) from The Cabinet, Internal Affairs & Communications (Soumusho), Justice, Foreign Affairs, Finance, Education, Health & Welfare, Agriculture, Forests & Fisheries (how are they related?), METI, Posts and Communications, and the National Police Agency (there as a jichou).  The chair is former Education Minister Nakagawa Masaharu (under the interestingly-named title of “State Minister in Charge of the Foreign Laborer Problem” (gaikokujin roudousha mondai o tantou suru kokumu daijin), meaning semantically we’ve already problematized a latent “problem” of foreigners into foreign laborers). (More on Nakagawa in Japanese at the renewed Noda Cabinet Profiles here)

Note that there is not a single Non-Japanese (NJ) involved anywhere at the agenda-setting stage.  (Not even the token Gregory Clark, who never misses an opportunity to claim how open-minded the Japanese must be because officials insert him on blue-ribbon shingikai deliberation councils and committees.  Maybe that’s for the better this time, since we really don’t need bigoted geriatric liars with an incredible sense of entitlement telling the GOJ what to do about NJ residents who have completely different socioeconomic statuses to his.)  Anyway, it seems the government obviously knows best what to do with the “foreign laborer problem” from the outset.  Who needs foreign residents’ involvement when it’s a Japan issue?

Note how there is some vital lack of definition.  What does “coexistence” mean exactly — tolerance, acceptance, gated communities, patchwork cultural neighborhoods, or complete subsumption of “foreign cultures” in favor of “Japanese culture” (douka)?  Nor is the “kankyou seibi” made all that clear.  For example, does this this include a law (with actual penalties for offenders) against racial discrimination?  People won’t leave home without it.

You can see the materials submitted to participants in the first meeting, including several reference materials from each ministry from the following links (this was clearly a meeting planned well in advance; good):

【配付資料】
 資料1-1 「外国人との共生社会」実現検討会議の開催について
 資料1-2 「外国人との共生社会」実現検討会議の開催について(開催要綱)
 資料1-3 当面の検討会議スケジュール(案)
 資料1-4 有識者ヒアリング候補者(案)
 資料2 外国人との共生社会の実現に向けた主な論点、検討課題(例)
 資料3 法務省提出資料
 資料4 厚生労働省提出資料
 資料5 文部科学省提出資料
 資料6 警察庁提出資料
 資料7 内閣府提出資料

Material 1-1 is interesting in that the main goals are listed as:

  1. What form a society coexisting with foreigners will take
  2. What “environmental preparations” (kankyou seibi) will be undertaken to realize this society
  3. How to enliven (kasseika) the national debate (kokumin teki giron) which will also include the acceptance (uke ire) of foreigners
  4. What other topics and issues of special attention (ryuu i ten) will be involved in realizing this coexistence with foreigners

Those goals are elaborated in greater detail within Material 1-1 (more below).  Prima facie, these are all positive directions, especially the national debate bit to get the public on board to convince them that NJ are also a part of society. However, unclear (as always) is the word “uke ire“, which can run the gamut of meanings from “acceptance and embracement” to “just letting them cross the border into Japan” (as in the yahoo dictionary definition example:  “この国は移民の受け入れに年間2,000人の枠を設けている The quota of immigrants to be received [acceptedinto this country is set at 2,000 per year.”)  Given Japan’s record on immigration policy (and the fact that even the word “imin” (immigrant/immigration) doesn’t seem to be appearing anywhere, this word does not conjure as positive an example of acceptance *as Japanese residents and Japanese citizens* as one would like.

Material 1-1 also mentions in that greater detail the two steps that this plan will take:  1) GOJ deliberations on the kankyou seibi, 2) public debate on how to “accept foreigners”.  However, this will take place ONLY AFTER the kankyou seibi are firmly established.  The policy aim also stresses that it policy is not to be expanded to accept more foreigners (uke ire kakudai), but rather it is important first “to improve the many problems of foreigners who are actually living in our country”, listed as issues of lifestyles, education, labor conditions etc..  Kankyou seibi must be done first, however.  Then, however, if I’m not somehow misunderstanding this, it stresses in the next paragraph how our country must increase its attractiveness and appeal as a place that will “draw foreigners in to revitalize our society” (wagakuni shakai ni katsuryoku o motarasu gaikokujin o hikitsukeru).  Somehow I have the feeling I’ve heard this before.  And again, a “smooth public debate” is fine.  But how about seibi-ing that legal environment to outlaw discrimination?  Not clear.

It’s not any clearer when you read the finer print.  Material 2 above lists these as the problems to be addressed already (paraphrases):

  1. Our country needs high-quality people (koudo jinzai) to keep us vibrant in this era of globalization and aging/falling Japanese population, so for that dynamism we need foreigners.  
  2. There have been “social costs” (shakaiteki kosuto) to bringing foreigners into our country before, particularly in regards to lifestyles, education, and labor, so this should not be broadened due to [and I’m seriously translating this bit:] “being opened up as an international society will probably lead to our country’s reputation being downgraded” (kokusai shakai ni okeru hirakareta kuni to shite no hyouka o teika saseru koto ni mo tsunagaru). [Moodys, are you listening?]
  3. We want to attract “better foreigners” (again, koudo jinzai), given what happened with the Nikkei South Americans and NJ residents living here so far, with more systematic policies to bring them in and maintain our country’s reputation.
  4. We need these plans to be medium- and long-term, given the demographics.
  5. We need to keep our people (kokumin) in the debate loop and build consensus for the future about bringing in foreign labor.

Wow, what paroxysms of grief those lackluster NJ entrants up to now have put Japanese society through!  That said, these are the things (page 3) this panel is thinking about regarding how to treat NJ (in other words, its not just what we can take from NJ, but also what we need to give them):

  1. Policies that will make them functional in Japanese (e.g., promotion of J language learning in local areas, with appraisals, encouragement of teachers, and possible requirement (gimu zukeru koto) [for visa renewals?])
  2. Educating their children (e.g., stopping school absenteeism, putting in qualified J language teachers in public schools, assisting NJ children into higher-quality education, promoting education in NJ schools [!!!], promoting J language education for their parents, offering NJ children other educational opportunities, etc.)
  3. How they will be hired and will work (e.g., not merely treating them as cheap labor but improving their working conditions and social insurance, with job training in sectors such as nursing, agriculture etc., through bringing in higher-skilled workers, and even think about a “foreign employment law” (gaikokujin koyouhou) [!!!]  This would not be limited to the Nikkei South American workers [was it implicitly before?])
  4. How they will have medical treatment and social security (e.g., get them on Social Insurance, get their kids covered, and think about to set up an effective translation system)
  5. Stable places for them to live (e.g., offer basic information about how and where to live, and take measures to alleviate the fears of private-sector landlords afraid of NJ)
  6. How to deal with “public safety” problems (e.g., how to police NJ in this age of globalized crime)
  7. How to make information available in several languages (e.g., multilingual internet sites, more information sent overseas [??], one-stop information and assistance centers, multilingual disaster information, multilingual traffic information and driver license tests)
  8. Mutual respect for each others’ culture and promoting understandings (e.g., multicultural education, and thinking about introducing an integrated program for Japanese studies as soon as people enter Japan)
  9. How to work in coordination with local governments and burden-share (e.g., have local governments understand the needs of their local NJ and offer them concrete and customized service)  Etc.

There are further clarifications for each subject from page 4 onwards (listed in parentheses afterwards).  This is some very heady and prescient stuff (I can see why bureaucrats don’t want sweaty-headed public debate meddling until they get the “environment” set up first), and something which if carried out will be a great improvement over the past.  However, unclear again is how some issues (such as apartment refusals) will be enforced through the existing legal/administrative framework, or how the present system will be changed to make jobs more secure and equal in treatment (such as in Japanese academia (which I happen to know a bit about), which advertises that it wants foreign PhDs but then only offers them limited-term contracts, not tenure or an equal collegial footing).  Nice to have this wish list.  Better to say, however, that we need legal structure (hou seibi) to back it up, even at this drawing-board stage.

The MOJ’s brief (Material 3 above) starts out with bare stats of who and how many NJ are here and what they are up to.  But then on page 7 they get into how NJ should be administered (kanri — natch, that’s their job).  But it uses the hackneyed kokusaika (internationalization) of Japan just in terms of numbers without (as usual) indicating an understanding about what true internationalization really means (as in making NJ into Japanese).  Instead, the MOJ focuses (as usual) on how little control they have over NJ once they pass through Japan’s borders, and advocates the quick implementation of policy carrots and sticks — carrots portrayed as keeping tabs on NJ’s social welfare and children’s education (as if that’s within their mandate), and sticks meaning visa overstayers get rooted out ever more efficiently.  We’ve seen this in action in the upcoming end of the Gaijin Cards (in favor of remotely-trackable Zairyuu Cards (mentioned on page 8 ) that link visa approval to enrollment in Japan’s insolvent pension schemes), and it’s pretty plain to see who’s engineered that future fiasco.  If you’re ready for a giggle, check out the smiling “example NJ” on page 9 being subjected to this proposal, complete with white skin and blue eyes (even though most of the NJ these labor policies will attract are probably not White people — because they never have been).  In sum, the MOJ offers nothing new except more policing.

The Health & Welfare Ministry’s brief (Material 4 above) offers the background information on what NJ are up to again, but has on page 2 a special focus (over half the page) on how to care for Nikkei NJ (displaying once again that GOJ focus on offering more assistance “to the family” linked by Japanese blood).  The measures proposed are decent (mentioned in the Material 2 outline above).  For the the garden-variety NJ, however, it’s not clear what’s to be done as discrimination by nationality in working conditions and in introductions to jobs is already “outlawed” (kinshi) (as if that’s made much difference up to now).  But the Ministry points out (page 3) how there’s no clause in the laws guaranteeing equal treatment regardless of nationality in the social insurance system, and wants improvements made regarding how foreigners are employed.  The solution to this Ministry is the upcoming revisions in the registry rules to make everyone accountable under the pension and social welfare systems.  Not much new here — no mention of how to stop J employers screwing their NJ workers out of social insurance by not paying their half of the required contributions, for example.  A newer idea, however, is on page 4, where they outline the policy for attracting higher-quality NJ (again, koudo jinzai), i.e., a “points system” (itself highly problematic) for which came into effect May 7 of this year; the Ministry wants 300,000 “shitsu no takai” foreign students etc. to be handled under “job matching” systems at Hello Work unemployment agencies nationwide.  It also wants GOJ assistance with post-university job searches and internships, and reformed personnel management with clearer hiring practices for international workers.  Okay, decent stuff, but let’s wait and see if any of this comes to fruition.

The Ministry of Education’s brief (Material 5 above) is brief indeed, with a rehash of what they say they concluded in May 2010:  Deliberation of how to institute Japanese language education environments in Grade School and Junior High, and allowing NJ schools in Japan to become educational foundations [!!!].  More details are on page 2, where details of note include an increase of Japanese-language teachers by 350 souls (to a total of 1385 people nationwide) since 2009, making and distributing educational guidebooks, yada yada.  Also notable is the lumped treatment of J “returnee children” (rendered as kikoku/gaikokujin jidousei) as foreigners.  No mention of reforming the Basic Education Law (kyouiku kihon hou) to also guarantee education to non-citizens (given the restrictive kokumin clauses already within it, which still enables Japanese schools to refuse NJ children).  No anti-bullying discussions, either, or possible sensitivity training workshops for teachers if not students.  MoE’s assumptions within its lackluster proposals seem to be that if you make some motions to teach foreigners (and somehow by extension returnee Japanese) the Japanese language, they’ve done their job and all’s resolved nationwide.

The National Police Agency’s brief (Material 6 above) is even briefer, with one page of crime stats (which has dramatically fallen across the board yet they managed to squeeze in a crime rise somehow — i.e., NJ as collaborators with Japanese in Japanese crimes) with fingers pointed at Chinese, Vietnamese, Peruvians, and Brazilians as inter alia thieves and marriage visa defrauders.

They offer no proposals whatsoever.  Why are they even in on this discussion?  (The MoJ is already offering enough policing.)  Do we get the police involved on every social policy reform council, or is it just because we’re dealing with inherently untrustworthy criminal NJ?

The Cabinet’s brief (Material 7 above) offers a full overview of “our own” — with seven pages concentrating solely on Nikkei NJ.  Aside from this more-than-just-a-little offensive blood-fixation prioritizing of foreigners in Japan, we have observations about how these days Nikkei cannot get jobs or get Japanese language skills, their kids cannot get an education, and how they’ve taken emergency policies since January 2009 (as opposed to the GOJ’s emergency airlift of Nikkei — only — back to South America from April 2009?).  The rest of the proposals are basically as above, in what seems to be a summary of everyone’s positions.

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

Future discussions (a total of five meetings, through July, according to Material 1-3 above) will involve a hearing with experts in the field on “the shape of the NJ coexistence society” (Meeting 2, June 1, details below); another meeting with those experts “about taking on the issues ‘in the field’ (genba de) where NJ have their livelihoods” (Meeting 3, June 15, preliminary details below); yet another meeting with those experts about accepting those NJ (regarding “views” (shiten) and “issues warranting special attention” (ryuu i ten) in accordance with realizing that co-existence society) (Meeting 4).  And finally, the last scheduled meeting for now will bring the previous meetings’ discussions together to consider a 25-year tentative plan for realizing those concrete policies for kankyou seibi.

It’s a better-formed plan and timetable for discussing these issues than I’ve ever seen before (and it’s also been opened to public scrutiny).  All good, but here’s your scrutiny:

I still have no idea what kankyou seibi is (neither do they, I think; that’s why they’re getting together to discuss it).  But the inputs are as usual limited to people (presumably no women, no young people, and no working-class people) who will never be directly affected by this policy because they have never been foreigners in Japan.  I’m probably reading too much into the following, but semantically, NJ are seen as almost a different breed of animal that needs to be studied in their natural habitat.  Still no sign of any of those NJ animals being let in on any GOJ meetings to speak for themselves.

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

Meeting Two was held very promptly afterwards, on June 1, 2012, and for what looks to have been a longer time (two hours on paper).  Here’s the cover page (click to enlarge):

Now involved are three “persons of awareness” (yuushikisha), who are a Mr. Ikegami Shigehiro (a full professor from Shizuoka’s University of Art and Culture, who writes a lot about Indonesian culture and migrant Indonesians; even uses the word “emigrants”), a Mr. Iguchi Yasushi (a former bureaucrat at the Ministry of Labor turned full professor at Kansai Gakuin University, whose specialty is the unemployed and labor migration; here’s his CV in English), and a Mr Satou Gun’ei (Vice Dean at Tokyo Gakugei University’s Center for Research in International Awareness, whose specialty is on transnationals and Japanese language education, particularly Japanese children overseas).

Again, these people are no doubt well-intentioned and well-researched about situations facing NJ in Japan.  But they are not NJ, with “NJ awareness”; there is no substitute for that.

You can see their submitted materials here (along with other materials from that meeting) from these links:

【配付資料】
 資料1 池上氏提出資料
 資料2 井口氏提出資料
 資料3 佐藤氏提出資料
 参考資料1 「外国人との共生社会」実現検討会議の開催について(要綱)
 参考資料2 当面の検討会議スケジュール
 参考資料3 有識者ヒアリング参集者
 参考資料4 外国人との共生社会の実現に向けた主な論点、検討課題(例)

Another brief summary of the materials above:

Mr Ikegami (Material 1) offers an overview that goes beyond Nikkei to include Chinese and Filipinas/nos too.  Aside from overviews of the economic forces at work on NJ labor, he saliently proposes (of note): 1) officially defining “multicultural coexistence” (tabunka kyousei), 2) coordinated entry and social integration procedures, 3) regional coordination that includes NJ, etc.  He also endorses an awareness of “transnational livelihoods”, not dividing the issue into “Japanese and foreigners”, etc.  His heart’s in the right place, but proposals are still at the slogan stage.  I assume he elaborated on his points orally.

Mr Iguchi (Material 2) has a five-pager that still resorts to the divisive “wagakuni” (our country) invective, but still endeavors to portray NJ as deserving something more than just a ticket home.  He stresses the issue of “social integration” (shakai tougou).  He writes a bit of fluff here and there that the bureaucrats are probably not interested in (such as the treatment of Burmese refugees), but does overturn a few unconsidered stones:  how the mixed bag of overseas policies towards foreign “cultural identities” have resulted in potential backlashes if they are not respected; how “multicultural coexistence” is not an imported concept in Japan’s case, but one generated from Japan’s grassroots — i.e., from Japan’s local governments, such as when Kawasaki City passed policies in the 1990s benefiting “foreign-national residents”; how important language is for not only communication, but also for securing permanent residency and citizenship [!!]; how NJ rights must be respected and enforced through Hello Work and local governments [!!], etc.  He advocates immediately 1) the GOJ use the July NJ registration reforms as an opportunity to get Hello Work and local governments helping NJ enlisted in employment insurance and social insurance, as well as to promote secure jobs for them, and 2) get employers to properly insure their NJ employees and ensure flexibility towards covering their families.  He advocates that within the next five years NJ get up to speed in Japanese through standardized education, evaluation, and systematic accreditation of J language teachers.  Beyond that, mid-term suggestions include 1) proper technical accreditation for young NJ trained technicians aimed at properly matched markets, 2) periodic lists of vocations in desperate need of workers and training programs for NJ to fill them, 3) exchanges through educational accords with other countries at the university level to bring in foreign researchers and students (as well as beef up language accreditation for imported NJ workers, with targeted language education for them; example cited being the plight thus far of foreign nurses and health care workers).  His final, underlined conclusion was that to restore Japan’s economic vitality, it is essential to bring in NJ (specifically high-quality foreign labor, Nikkei, technical trainees, and refugees [!!] for specific industries, and to accomplish that, concrete policies are necessary to encourage proper administration of NJ as well as encourage social integration at the national, regional, and local levels.  Surely true.  The attitude, however, is still one of “we’re going to wipe the slate clean and start treating foreigners better from when they enter at the border”, not one of making things better for the NJ already here.  Ah well, gotta start somewhere, I suppose.

Mr Satou (Material 3) offered a bullet-point summary, focusing on 1) the present state of NJ children’s education, 2) evolution of the characteristics of educational policies towards NJ children, 3) issues within those education policies, and 4) future issues with a view towards multicultural coexistence.  Quite frankly, it was jolly difficult for me to understand within which was an observation and which was policy advice.  Some points made that don’t overlap Ikegami’s and Iguchi’s, to wit:  1) education of NJ has not developed into talk of reform of the education system to accommodate them, but rather of how individuals will cope with their education, 2) basic principles of guarantees of rights from the perspective of multiculturalism must be made clear before proper “acceptance” (uke ire) can take place, 3) Japanese children should be schooled in tolerance of others as fellow residents (shimin — rendered later as “citizens” (as in shiminsei no kyouiku, “citizenship education”)).  Good stuff and better constructs included, especially the new civics lessons, but in the end, this came off as a laundry-list outline/survey of issues and problems with relatively unclear proposals.

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

Meeting 3, according to Material 1-4 distributed May 24, 2012, says that the June 15 hearing will involve the mayor of Hamamatsu City, Shizuoka Prefecture (since so many NJ are clustered there working in factories), the unnamed head of Tokyo Shinjuku-ku (where “a lawless zone of foreign crime” Kabukicho is; I assume a bureaucrat?), a Mr Tamura Taro, representative of the Multicultural Center Osaka (which works a lot with Nikkei Brazilian issues), and a Ms Sakamoto Kumiko, head of NPO Aidensha (which works with Portuguese speakers etc. in Mie Prefecture explaining Japan’s rules, helping them get homes and proper insurances, and assisting in translations etc.)

Again, all no doubt well-intentioned people.  A bit top-heavy on the Nikkei Brazilian front, again.  I guess Chinese aren’t prioritized as highly due to a lack of blood ties, and where are the Peruvians, Filippinas/nos, and other NJ?

The remaining materials were essentially repeats of the earlier materials.  Enough; my eyes are tired.  Points I missed or got wrong, please feel free to correct.  Thanks for reading. Arudou Debito

UPDATE JUNE 27, 2012:  MEETING THREE OF JUNE 15, 2012 CRITIQUED HERE:

GOJ Cabinet “Coexistence with NJ” Pt. 2: Critique of June 15, 2012 meeting — a very positive Third Act to this Political Theatre