Happy Joy Day: My book “Embedded Racism” arrives on my shelves; happy photo

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. It’s a bit of a busy time for me right now (come to think of it, when is it not?), so let just put up a quick pic of me looking all happy and such for getting my copy of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination“.

It’s my first hardcover book published in the United States. How sweet it is. Just wanted to share the joy. Holding your new book in your hand is one of the greatest feelings an author can have. May you all experience the feeling for yourselves someday (if you haven’t already). Dr. ARUDOU, Debito

Asahi & Mainichi: “No Hate” “No Racism”, “Refugees Welcome” say protesters at Tokyo anti-discrimination rally. Bravo.

mytest

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Hello Blog. As has been pointed out by a number of Debito.org Readers, this development is a positive one, both in that it happened (as an annual rally, no less), and that it was reported in the news. Read on. Dr. ARUDOU, Debito

First watch this:

東京大行進:ヘイトスピーチに抗議、「差別反対」アピール  (Mainichi Shinbun)
https://www.youtube.com/watch?v=h08UMRWaRZQ

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Refugees welcome’ say protesters at Tokyo anti-discrimination rally
Asahi Shinbun, November 23, 2015 By MIAKO ICHIKAWA/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201511230054

“Refugees welcome” was a rallying cry among 2,500 or so Tokyo Democracy March demonstrators who paraded through the capital’s Shinjuku district on Nov. 22 following the recent Paris terror attacks.

The crowd, protesting all forms of discrimination, urged Japan to welcome those fleeing danger with some waving a banner displaying the asylum seeker-friendly slogan.

“Behind the vigorous rhetoric which says ‘We do not yield to terrorism,’ refugees could lose a place to live,” said one 42-year-old worker from Tokyo’s Setagaya Ward who joined the event.

Causes on the agenda included the prejudice experienced by ethnic Korean residents in Japan, the LGBT (lesbian, gay, bisexual and transgender) community and people with disabilities.

The third annual demonstration also focused on asylum seekers amid concerns over anti-refugee sentiment in and outside Japan after the Nov. 13 terrorist attacks in Paris that left 130 people dead and hundreds injured.

The fears stem from the idea that terrorists could masquerade as refugees to enter the country.

The event was first organized in 2013 chiefly as a protest against groups which staged a number of hate speeches targeting the numerous ethnic Korean residents in Tokyo’s Shin-Okubo district.

The demonstration has so far drawn on various themes, including the display of a discriminatory banner declaring “Japanese Only” at Saitama Stadium during a J.League football match on March 8, 2014.

“We participate in this event because of our desire to improve our society,” said a 30-year-old organizer of the protest.

ENDS

Japanese version:
「差別いらない」反ヘイトデモ、新宿で 「難民歓迎」も
朝日新聞 2015年11月22日22時27分
http://www.asahi.com/articles/ASHCQ5VHJHCQUTIL00T.html

「差別はいらない」「一緒に歩こう」。在日コリアンやLGBT(性的少数者)、障害者らあらゆる差別に反対するデモ「東京大行進」が22日にあり、約2500人(主催者発表)が東京・新宿の繁華街を練り歩いた。パリ同時多発テロ事件を受けて難民に対する排外的な感情が国内外で懸念されるなか、「難民歓迎」を訴える声もあった。

デモは2013年、東京・新大久保で在日コリアンにヘイトスピーチを繰り返す団体に抗議してきた人たちを中心に企画。サッカースタジアムでの差別的横断幕など、これまでさまざまなテーマに広がりをみせてきた。

3回目の今年は、難民が柱の一つになった。「REFUGEES WELCOME(難民歓迎)」などの横断幕を掲げたりした。デモの運営メンバー(30)は「根っこにあるのは、民主主義を肯定し、社会を良くしようという当たり前の気持ち」という。

「難民歓迎 『テロに屈しない』はこれだ」と書いた手作りのプラカードを掲げて歩いた東京都世田谷区の会社員(42)は「『テロに屈しない』という威勢のいい言葉の裏で、難民は行き場をなくす。社会に広がる空気に対し、自分の気持ちを示した」と話した。

スタッフの一人として参加した都内の大学生加藤大吉さん(25)は「差別はいらないという一点でまとまり、ポジティブな気持ちがあふれるデモになった」と話した。(市川美亜子)

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Photo Journal: Marching against hate
November 23, 2015 (Mainichi Japan), courtesy of JK and Jair
http://mainichi.jp/english/english/newsselect/news/20151123p2a00m0na006000c.html

Members of the 2015 Tokyo Democracy March hold signs and shout slogans condemning discrimination during a march in Shinjuku Ward, Tokyo, on Nov. 22, 2015. Organizers announced that some 2,500 people participated. The annual march began in 2013, mainly composed of people opposed to repeated hate speech demonstrations. This year’s democracy marchers voiced opposition to discrimination based on race, ethnicity, sexual orientation or disability, and called for quick passage of an anti-racial discrimination bill under debate in the Diet. (Mainichi)

Japanese version:

東京大行進:「差別いらない」…新宿でアピール
毎日新聞 2015年11月22日 19時45分(最終更新 11月22日 20時36分)
http://mainichi.jp/select/news/20151123k0000m040030000c.html

ヘイトスピーチに抗議し、差別を許さない社会を呼びかけるパレード「東京大行進2015」が22日、東京・新宿で開かれ、約2500人(主催者発表)が「差別に反対する東京」をアピールしながら新宿駅周辺を行進した。

ヘイトスピーチを繰り返すデモに路上で対峙(たいじ)してきた市民らを中心に2013年に始まり、今年で3回目。人種や民族、性的指向、障害などを理由とした差別に反対し、国会審議中の「人種差別撤廃施策推進法案」のすみやかな成立を訴えた。

安保法制審議で民主主義の意味を問いかけた学生グループ「SEALDs」のメンバーも参加。内戦下のシリアから欧州に逃れてきた人々にドイツ市民が示した「難民歓迎」というプラカードを掲げる人の姿も目立った。

実行委員会代表の西村直矢さん(35)は「私たちが生きる社会を守るため今後も声を上げていきたい」と話した。【小泉大士】

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See also (courtesy of Jair):

http://www.j-cast.com/2013/09/23184404.html
http://www.jcp.or.jp/akahata/aik15/2015-11-23/2015112301_04_1.html
Photo: https://twitter.com/asahi_photo/status/668448212689162240/photo/1

ENDS

Mainichi: Miss Universe Japan Ariana Miyamoto spurns ‘half Japanese’ label, seeks end to prejudice. Good, but article in English only, not for Japanese-reading audience.

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.  I am increasingly impressed by the resilience of Ms. Miyamoto, as she manages to keep her message on track:

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Miss Universe Japan Ariana Miyamoto spurns ‘half Japanese’ label, seeks end to prejudice
November 15, 2015 (Mainichi Japan), Courtesy of JK
http://mainichi.jp/english/english/newsselect/news/20151115p2a00m0na001000c.html

As Japan’s internationalization continues, the country’s representatives in competitions abroad are also becoming increasingly diverse. The 31-man roster of the national rugby team that so electrified Japan in the recent Rugby World Cup, for example, boasted no less than 10 players born outside the country. And then there is Ariana Miyamoto, who this year became the first mixed-race woman to be crowned Miss Universe Japan.

“There are foreigner athletes representing Japan, and then there’s also me,” Miyamoto, 21, told the Mainichi Shimbun in a recent interview. “I think Japanese society has changed a bit, but it still has a ways to go.” Miyamoto, the daughter of an African American father and Japanese mother, is set to represent Japan in the annual Miss Universe pageant on Dec. 20 this year.

Though she has become a positive symbol of Japan’s internationalization, when she was selected to represent Japan in the pageant, she was also the target of many Internet attacks that she “doesn’t look Japanese.”

Miyamoto was born and raised in Sasebo, Nagasaki Prefecture, where her father worked at a U.S. military base. As a child, she was bullied for her different appearance, and even had garbage thrown at her. She spent two hours every morning before going to school straightening her hair to try and look the same as her classmates.

“I hated the term ‘beautiful whiteness’ that was used so much in cosmetics commercials on TV, because you can’t really become white-skinned with makeup,” she recalled.

She began to break free of such painful feelings when she started playing volleyball in the third grade. She proved very good at the sport, and in junior high school she was invited to attend a school in the prefecture renowned for its volleyball team.

However, Miyamoto said she began to build real self-confidence when she went to the United States for high school. Her parents had divorced and her father had moved to Arkansas. Miyamoto moved in with him and went to the local high school, where she was complimented by classmates for her beautiful skin color. It was then that Miyamoto says she realized how diverse the world really is.

After returning home to Japan, Miyamoto worked a number of jobs including as a bartender. She also had a mixed-race friend who had grown up in similar circumstances to herself. Her friend, however, was deeply pained by being unable to fit in inside Japan — a sorrow that eventually drove the person to suicide.

“I want to end racial prejudice,” said Miyamoto, adding that this was her reason for auditioning to represent Japan at the Miss Universe pageant.

According to a Ministry of Health, Labor and Welfare demographic statistics, the number of international marriages in Japan began to rise from the mid-1980s, peaking in 2006 with 44,701 couples tying the trans-border knot. That made up 6.1 percent of all marriages, or one in 17. Currently, fewer unions between Japanese citizens and partners from Asia have pushed the ratio of international marriages down to about 3 percent of the total. Nevertheless, they are hardly uncommon in today’s Japan.

Meanwhile, the Japanese sports world is also looking more diverse, with Japan-born athletes like high school sprinter Abdul Hakim Sani Brown and baseball player (and recent Nippon Professional Baseball draftee) Louis Okoye making their mark.

“I don’t want to be summed up with the word ‘haafu’ (half),” said Miyamoto, referring to the Japanese colloquial term for those with one foreign parent. “It’s the same as saying they’re not really Japanese,” she went on, and expressed hope that the presence of mixed race Japanese people like herself will eventually be considered completely natural.

ENDS

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COMMENT:  Super, Ms. Miyamoto.  Bravo.  But of course, the Japanese media is making sure her message of tolerance and inclusiveness is being contained and rendered ineffectual.  This article, for example, was not featured as a Japanese article, for a Japanese-reading audience.  Which, naturally, is the audience that most needs to hear it and be convinced by it.  Here is a screen capture of web search from the same site in Japanese.  It’s not there:

MiyamotoArianaMainichiSearch111615

Keep at it, Ms. Miyamoto.  Someday your message may even get through the editors of Japan’s most liberal daily national newspaper.  Dr. ARUDOU, Debito

My latest Japan Times JBC Col 93: “Tackle embedded racism before it chokes Japan”, summarizing my new book “Embedded Racism”

mytest

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JUST BE CAUSE
justbecauseicon.jpg

Tackle embedded racism before it chokes Japan
BY DEBITO ARUDOU
The Japan Times, NOV 1, 2015

Japan has a dire problem it must address immediately: its embedded racism.

The country’s society and government are permeated by a narrative that says people must “look Japanese” before they can expect equal treatment in society.

That must stop. It’s a matter of Japan’s very survival.

We’ve talked about Japan’s overt racism in previous Just Be Cause columns: the “Japanese only” signs and rules that refuse entry and service to “foreigners” on sight (also excluding Japanese citizens who don’t “look Japanese”); the employers and landlords who refuse employment and apartments — necessities of life — to people they see as “foreign”; the legislators, administrators, police forces and other authorities and prominent figures that portray “foreigners” as a national security threat and call for their monitoring, segregation or expulsion.

But this exclusionism goes beyond a few isolated bigots in positions of power, who can be found in every society. It is so embedded that it becomes an indictment of the entire system.

In fact, embedded racism is key to how the system “works.” Or rather, as we shall see below, how it doesn’t…

Read the rest at
http://www.japantimes.co.jp/community/2015/11/01/issues/tackle-embedded-racism-chokes-japan/

Please comment below, and thanks for reading!

Paul Toland Case Update: Japan as a “black hole” for parental child abductions — Family Court lawsuit & press conference to raise awareness of issue

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. One longstanding case that Debito.org has been following, among others, has been the Paul Toland Case, where his Japanese wife abducted their child aged 9 months, then committed suicide four years later, whereupon the grandmother claimed custody and cut off access with the child’s only remaining parent. More details below.

Godspeed to a satisfactory resolution, Paul. Dr. ARUDOU, Debito

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Custody case a test for Japan, says U.S. father seeking access to girl held by grandmother
BY TOMOHIRO OSAKI, STAFF WRITER
The Japan Times, OCT 26, 2015

A U.S. man seeking access to his daughter said Monday that the case is an opportunity for Japan to prove to the world it no longer tolerates parental child abduction.

U.S. Navy Cmdr. Paul Toland is suing the mother of his Japanese ex-wife for denying access to his 13-year-old daughter.

His former wife left with the child in 2003, at the age of 9 months, after their marriage failed. The woman committed suicide four years later.

Toland said his situation would amount to a “felony crime” in other countries with up-to-date family laws.

“In Japan, this abduction by a nonparent is not only accepted, but it is condoned. I’m the only parent in the world to (my daughter),” Toland said, who is in Japan for the first time since the trial at the Tokyo Family Court kicked off in July.

Toland said if the case is resolved it would demonstrate to the world that Japan is turning over a new leaf after years of notoriety as a “safe haven” for parental child abduction. If his daughter is not returned to him, he said, it will only alienate the nation further.

Japan joined The Hague Convention on cross-border parental child kidnapping in 2014. The pact does not apply in Toland’s case because the abduction was within Japan — Toland’s family was based in Yokohama at the time. In addition to this, the convention cannot be applied retroactively.

“How can we expect Japan to ever resolve more complicated divorce, child custody issues if it cannot even resolve this very straightforward case, which does not involve divorce and where one parent is deceased and the nonparent is withholding a child above the parent who wants to care for her?” he said.

Rest of the article at
http://www.japantimes.co.jp/news/2015/10/26/national/crime-legal/custody-case-test-japan-says-u-s-father-seeking-access-girl-held-grandmother/

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U.S. father calls for return of his daughter at Japan family court
By May Masangkay
TOKYO, Oct. 26, Kyodo News, courtesy of TK
https://english.kyodonews.jp/photos/2015/10/381123.html

The American father of a 13-year-old daughter urged at a Japanese family court on Monday to give him back custody of his daughter, who is now under the custody of her grandmother following the death of his former Japanese wife in 2007.

“If Japan rules as it should in favor of my daughter’s right to know and love her father, then it will truly be a threshold step for Japan, and Japan will be closer to joining the rest of the international community as a nation that respects the basic fundamental bond between a parent and a child,” Capt. Paul Toland of the U.S. Navy told a press conference in Tokyo.

Ruling against his claim will “truly alienate Japan from rest of the international community” and “show that Japan is simply out of touch with the rest of the world in their lack of understanding for basic fundamental parent rights,” said the 48-year-old father based in Hawaii.

Toland is in Japan to appear for the first time in the Tokyo Family Court to appeal his case, which is not a cross-border dispute, in not seeing his daughter for years.

He urged the Japanese court to make the right decision to return the child to him since he is the sole living parent since his wife died. Toland has since remarried and wants to take his daughter to Hawaii.

At the family court, the mother of his former wife has disputed Toland’s appeal. The father lodged a lawsuit with the court in July.

Toland’s lawyer Akira Ueno, who was present at the same press conference, said his client received in writing from the grandmother’s side that the daughter “does not want to see” her father.

Ueno said the grandmother’s side claims that things are fine the way it is now, as the girl goes to school and is engaged in club activities, an argument which the lawyer says is not acceptable.

As his case is not a cross-border dispute, Toland cannot seek the return of his daughter under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which took effect in Japan in April last year. The treaty is designed to help settle cross-border child custody disputes due to failed marriages.

The pact is also not retroactive, only dealing with cases occurring after its entry into force.

With Japan joining the pact and many Japanese politicians becoming vocal about changing Japan’s response to parental child abductions, Toland said he sees “some hope for change in Japan.” Before Tokyo acceded to the treaty, the country had been accused of being a “safe haven” for international child abductions.

His daughter was 9 months old when his wife left him in 2003 before proceedings for a divorce concluded and custody was given to the wife.

Toland has been asking to see and live with his daughter, but his request for access or visitation through government channels, in line with the Hague pact, has been rejected by the grandmother’s side. Since 2003, he has seen his daughter only several times.

Even in cases occurring before the Hague treaty took effect in a country concerned, parents can seek assistance for visitations under the pact.
ENDS
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「日本はブラックホールのような国」米国男性が裁判で「連れ去られた娘を返せ」と主張
弁護士ドットコム 10月26日(月)20時31分配信, courtesy of CS
http://headlines.yahoo.co.jp/hl?a=20151026-00003861-bengocom-soci

「日本はブラックホールのような国」米国男性が裁判で「連れ去られた娘を返せ」と主張
記者会見したポール・トーランドさん(中央)と代理人の弁護士たち
米海軍大佐でハワイ在住のポール・トーランドさんが、日本人女性との間に生まれた娘(13)の引き渡しを求めて、娘の後見人となっている母方の祖母を訴えた裁判が、東京地裁で進行している。裁判に出席したトーランドさんらが10月26日、東京の司法記者クラブで会見し、「娘は、唯一の親である私と一緒に暮らすべきだ」と訴えた。

トーランドさんによると、米国に在住していた1995年、日本人の女性と結婚。二人は1999年に来日し、2002年に娘が誕生したが、しだいに夫婦関係がうまくいかなくなり、2003年7月に母親が生後9カ月の娘を連れて、横浜の家を出ていってしまったという。

母親とは2006年に離婚が成立。離婚協議で、娘の監護をするのは母親と決まった。しかし、その母親が2007年10月に自殺してしまったという。トーランドさんは娘を引き取ろうとしたが、娘と一緒に住んでいた祖母に拒まれた、と主張している。

離ればなれになって以降、トーランドさんはたった2回しか娘と会えていない。なお、2008年8月からは、祖母が娘の未成年後見人をつとめているが、後見申立をすることなどについて、トーランドさんは事前に全く知らされていなかったのだという。

●「ハッピーバースデーと言う機会も奪われた」

トーランドさんは会見で、「私はこの世でたった一人の親なのに、娘が健康なのか、安全に暮らしているのかも、全く知らされていない。どこの学校に通学しているのかも知らないし、写真の一枚ももらえない。一緒に公園で散歩をしたこともないし、『ハッピーバースデー』と言う機会も奪われた」と、12年間もの間、娘と会えずにいる悔しさを口にした。

そして、「片方の親が勝手に子どもを連れ去ることは、先進国なら普通は誘拐となり、許されない重罪となるはずだ」と主張。子どもの連れ去りをめぐる日本のルールや運用が、国際的に見るとおかしいものだと訴えた。

トーランドさんは現在、26年間勤めている海軍でのキャリアの集大成として、ハワイ・ホノルルにある4LDKの一軒家で、国土安全保障省勤務の妻(2010年に再婚)と暮らしている。ホノルルには、日本語・英語の両方に対応し、日本の学校を卒業したのと同じ資格が得られる学校もあり、日米ハーフの娘が住むのには最適な環境だ、としている。

●娘はトーランドさんとの面会を拒否

裁判について、トーランドさんは「日本は一度子どもが吸い込まれると、二度と出てこられない『ブラックホール』のような国だ。最近は(子どもの連れ去りを違法とする)ハーグ条約への加入など、希望も出てきている。今回の裁判は、裁判所が正しい判断を下す絶好の機会だ」と話していた。ただし、今回のケースは国境を超えていないため、ハーグ条約の適用外だ。

なお、娘は、父であるトーランドさんとの面会を拒んでいるという。しかし、トーランドさんの代理人である上野晃弁護士は「別れたとき生後9カ月だった13歳の娘が、実の父親に会うことを拒否することのほうが、むしろ不自然だ。子どもは本来、親と暮らすべき存在だ。裁判所は、最終的に娘が父親のもとで暮らせるようにするための第一歩として、まずいち早く父娘の面会交流を実現させるべきだ」と話していた。

弁護士ドットコムニュース編集部
ENDS

Mainichi: Unequal treatment for foreign and/or foreign-residing A-bomb victims? Supreme Court decision due Sept. 8

mytest

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Hi Blog. Continuing with historical reflection on the 70th anniversary of the end of WWII-Pacific and the dropping of the atomic bombs, let me turn the keyboard over to Debito.org Reader JK for an interesting insight, this time quite germane to the aims of Debito.org.  Let’s see what ruling gets handed down next month.  Dr. ARUDOU, Debito

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

August 11, 2015
JK: Hi Debito. Here’s something you may not have considered — unequal treatment for foreign and/or foreign-residing A-bomb victims.  From the article below:

“But separate from the law, the government sets an upper limit on financial medical aid to foreign atomic bomb sufferers.”

And this:

“Similar lawsuits were filed with district courts in Hiroshima and Nagasaki, but the two courts rejected the demands from A-bomb sufferers living outside Japan.”

Finally:

“I want them (Japanese authorities) to treat us the same way as they do to A-bomb sufferers in Japan no matter where we live.”

There’s obviously plenty of fodder here for a blog entry on debito.org, but putting that aside for the moment, there’s something subtle I noticed when reading the article, specifically, this:

2014年6月の大阪高裁判決は、援護法について「国の責任で被爆者の救済を 図る国家補償の性格がある。国外での医療費を支給対象から除外するこ とは合 理的ではない」などと認定。

In its June 2014 ruling, the Osaka High Court said that the Atomic Bomb Survivors’ Support Law “has an attribute of state reparations in which the state is required to take responsibility to give aid to A-bomb survivors. It is not reasonable to exclude medical expenses incurred abroad from the list of medical costs to be covered by the state.”

Did you catch it?

It’s this: reasonableness / unreasonableness as the basis for legal opinion (i.e. unreasonable exclusion of foreign medical expenses).

Does this ring a bell for you? I sure hope so!

If not, you may recall the legal opinion of a one Mr. Keiichi Sakamoto with regard to unreasonable discrimination

Now, I am no lawyer, but the problem I see with using the notion of reasonableness / unreasonableness in this way is that it leaves the door open to abuse (e.g. there may be a scenario where excluding medical expenses incurred abroad by foreign A-bomb victims is, in the opinion of the court, reasonable, or discrimination by an onsen refusing to admit NJ *is* reasonable, etc.)

At any rate, here are the references. Regards, JK

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

http://mainichi.jp/english/english/newsselect/news/20150811p2a00m0na005000c.html
Supreme Court likely to rule in favor of Korean A-bomb sufferers over medical costs
The Mainichi Shinbun, August 11, 2015

The Supreme Court has decided to rule Sept. 8 on a lower court decision revoking the 2011 Osaka Prefectural Government’s decision not to cover the medical costs of South Korean survivors of the Hiroshima atomic bombing who received medical treatment in South Korea.

The Third Petty Bench of the Supreme Court is likely to uphold the Osaka High Court’s decision on the case as it has not held any hearings necessary to review the high court’s ruling that Japanese authorities must cover all medical expenses for A-bomb sufferers residing abroad.

The plaintiffs are a Korean who returned to South Korea after surviving the Hiroshima atomic bombing and relatives of two other now-deceased Korean A-bomb sufferers. Although the South Korean A-bomb survivors had received an Atomic Bomb Survivor’s Handbook, the Osaka Prefectural Government turned down their applications for provision of medical expenses incurred in South Korea. The plaintiffs have demanded that the Osaka Prefectural Government scrap its decision to refuse to pay them the medical costs, among other requests.

In its June 2014 ruling, the Osaka High Court said that the Atomic Bomb Survivors’ Support Law “has an attribute of state reparations in which the state is required to take responsibility to give aid to A-bomb survivors. It is not reasonable to exclude medical expenses incurred abroad from the list of medical costs to be covered by the state.” The Osaka High Court upheld the October 2013 Osaka District Court’s decision that called for payment of all medical costs and turned down an appeal from the Osaka Prefectural Government.

The state has been covering all medical expenses for A-bomb sufferers residing in Japan under the Atomic Bomb Survivors’ Support Law. But separate from the law, the government sets an upper limit on financial medical aid to foreign atomic bomb sufferers. Such being the case, A-bomb sufferers living abroad have argued that the government’s support for them is not enough.

According to the Ministry of Health, Labor and Welfare, there were about 4,300 A-bomb sufferers living abroad who had an Atomic Bomb Survivor’s Handbook as of the end of March 2015. Similar lawsuits were filed with district courts in Hiroshima and Nagasaki, but the two courts rejected the demands from A-bomb sufferers living outside Japan.

The South Korean plaintiffs are likely to win the lawsuit being fought in Osaka over whether the provision for medical expense coverage stipulated in the Atomic Bomb Survivors’ Support Law applies to A-bomb sufferers living abroad. Supporters for A-bomb sufferers abroad said A-bomb victims and their bereaved families overseas had felt relieved after hearing the news. But because the district courts in Hiroshima and Nagasaki handed down opposite rulings over similar lawsuits, supporters for foreign A-bomb victims are calling for quickly removing the disparity in medical support between the victims in Japan and those abroad considering the years passed since the atomic bombings.

The plaintiffs in the lawsuit filed in Osaka are Lee Hong-hyon, a 69-year-old South Korean man, and relatives of two other South Korean A-bomb sufferers who already passed away. They filed applications with the Osaka Prefectural Government to receive medical expenses incurred in South Korea. But the prefectural government turned down their applications, saying that medical expenses incurred overseas cannot be covered. Therefore, the South Koreans decided to file the lawsuit.

Junko Ichiba, 59-year-old chair of the Association of Citizens for the Support of South Korean Atomic Bomb Victims, conveyed the latest development to the South Korean plaintiffs on the evening of Aug. 10. Ichiba quoted Lee Hong-hyon as saying, “I want them (Japanese authorities) to treat us the same way as they do to A-bomb sufferers in Japan no matter where we live.”

People concerned with the lawsuits in Hiroshima and Nagasaki expressed hope that the Osaka case would have a positive effect on the cases in Hiroshima and Nagasaki. Keizaburo Toyonaga, a 79-year-old A-bomb sufferer who heads the Hiroshima branch of the “Citizens’ Association for Helping Korean A-bomb Survivors,” said, “I am very pleased. The Atomic Bomb Survivors’ Support Law should be revised as soon as possible.” Nobuto Hirano, co-representative of a Nagasaki-based liaison support group for A-bomb victims overseas, said, “It is good news. The state should revise the system promptly.” The group provides support to plaintiffs in the Nagasaki case.
ENDS

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

在外被爆者医療費:「全額支給」確定へ9月8日最高裁判決
http://mainichi.jp/select/news/20150811k0000m040074000c.html

被爆者援護法の医療費支給規定が海外に住む被爆者に適用されるかが争われた訴訟の上告審で、最高裁第3小法廷(岡部喜代子裁判長)は判決期日を9月8日に指定した。高裁の判断を見直す際に必要な弁論を開いておらず、在外被爆者の医療費の全額支給を認めた大阪高裁判決が確定する見通しとなった。

原告は、広島で被爆し韓国に帰国した被爆者や死亡した被爆者の遺族ら。被爆者健康手帳の交付を受けたが、韓国での医療費の支給申請を大阪府に却下され、処分の取り消しなどを求めていた。

2014年6月の大阪高裁判決は、援護法について「国の責任で被爆者の救済を図る国家補償の性格がある。国外での医療費を支給対象から除外することは合理的ではない」などと認定。医療費の全額支給を認めた1審・大阪地裁判決(13年10月)を支持し、府側の控訴を棄却していた。

国は援護法に基づいて、国内の被爆者に医療費を全額支給している。しかし在外被爆者については援護法とは別枠で上限を設けて医療費を助成し、在外被爆者らは「不十分だ」と訴えていた。

厚生労働省によると被爆者健康手帳を持つ在外被爆者は3月末現在で約4300人。広島、長崎両地裁でも同種の訴訟が起こされていたが、在外被爆者側の請求を棄却(いずれも控訴)しており、司法判断が分かれていた。【山本将克】

mainichi081015

ENDS

==========================================
— UPDATE: GOOD NEWS. DEBITO

Supreme Court rules hibakusha overseas are entitled to full medical expenses
BY TOMOHIRO OSAKI STAFF WRITER
THE JAPAN TIMES, SEP 8, 2015
http://www.japantimes.co.jp/news/2015/09/08/national/crime-legal/supreme-court-rules-hibakusha-overseas-entitled-full-medical-expenses/

Japan Times: Debate on anti-discrimination bill begins in Diet; sadly, doomed to failure

mytest

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Hi Blog.  Something important is going on here.  Comment follows article excerpt:

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

Debate on anti-discrimination bill begins in Diet
BY REIJI YOSHIDA
THE JAPAN TIMES, AUG 4, 2015

The Diet started deliberations Tuesday on a bill that would ban racial discrimination, including harassment and hate speech, and oblige the government to draw up anti-discrimination programs that report every year to lawmakers.

The bill, submitted to the Upper House by opposition lawmakers, was crafted to cope with a recent rise in discrimination against non-Japanese, in particular ethnic Koreans.

However, it does not have punitive provisions and whether it will ever be enacted remains unclear, as lawmakers of the ruling Liberal Democratic Party reportedly remain reluctant to support the proposal.

The Democratic Party of Japan, the Social Democratic Party and independent Upper House member Keiko Itokazu jointly submitted the bill.

Speaking in the Lower House in February, Prime Minister Shinzo Abe emphasized that racial discrimination, including hate speech, should never be tolerated in Japan.

But at the same time, he indicated he is reluctant to push for a new law, saying the government instead will use existing laws to deal with discrimination and promote enlightenment and educational activities.

“First, the government will properly apply existing laws to eradicate hate speech and racial discrimination,” Abe told the Lower House Budget Committee.

However, as Komeito lawmaker Toru Kunishige pointed out during that committee session, current laws apply only to defamation and insults against specific individuals, and not to hate speech against unspecified people of a racial group.

In August last year, the U.N. Committee on the Elimination of Racial Discrimination urged the Japanese government to regulate hate speech by law, following a rise in racist demonstrations mainly targeting Korean residents.

The Upper House bill would ban:

Unjustifiable discrimination based on race.

Insults and harassment because of the race of a person.

Use of discriminatory and abusive language and activities in public against unspecified people of a certain race. […]

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

Rest of the article at http://www.japantimes.co.jp/news/2015/08/04/national/politics-diplomacy/debate-anti-discrimination-bill-begins-diet/

COMMENT FROM DEBITO:  Well, I’m heartened that somebody in Japanese politics these days still cares about the plight of Japan’s minorities, particularly its Visible Minorities in particular, who will be affected by, as the opposition Democratic Party of Japan put it, “racial discrimination” (jinshu sabetsu).  Good to see that term resurfacing in the letter of the law.

(Here’s the proposal from the DPJ website, in Japanese.)

Sadly,

  1. The DPJ hasn’t a snowball’s chance of getting this passed.  The numbers simply aren’t there given the Liberal Democratic Party coalition’s overwhelming majority in both houses of the Diet.  And,
  2. It’s already front-loaded for failure, what with:
  3. a) the caveats of “unjustifiable discrimination based upon race” (ah, it’s so sad that there are concessions made for the obviously “justifiable” examples of racial discrimination in Japanese society), and
  4. b) the lack of any punitive measures for offenders.  In other words, the same old law that has no enforcement power, such as the Equal Employment Opportunities Law that has not affected the equal employment of women (in terms of equalizing salaries) one jot in Japan.

Anyway, I’ve tried doing something like this in the past (now over a decade ago; how time flies).  I think it’ll probably end up just as ignored.  Nice try DPJ, and I salute you for it.  It’s a pity you’ve already added the caveats that will void the bill even before it’s killed in debate.  Dr. ARUDOU, Debito

Mainichi: “Not Japanese Enough?” Bog-standard article about Miss Japan Miyamoto Ariana’s fight against racial discrim in Japan, not in Japanese for J-audience

mytest

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Hi Blog.  I’ve been withholding comment on the very good news about Miyamoto Ariana’s ascension to the role of Miss Japan (I’ve only brought it up on Debito.org here so far), and for the role that she is taking on of her own volition to fight “racial discrimination” (yes, explicitly jinshu sabetsu — something that the J-media generally refuses to even acknowledge exists in Japan).  What I’ve been waiting for is how the J-media (as opposed to the predictable reaction from the J-xenophobes) would react to her activism.  And here’s a good example from the Mainichi Shinbun (comment follows article):

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

Not Japanese Enough? Miss Universe Japan looks to fight prejudice
July 25, 2015 (Mainichi Japan), courtesy of JK
http://mainichi.jp/english/english/features/news/20150725p2g00m0fe023000c.html

TOKYO (Kyodo) — At first glance, Ariana Miyamoto does not look like an ordinary Japanese woman. But the 21-year-old model and former bartender speaks the language like a native and thinks and acts like a typical Japanese her age. In March, she became the first mixed race contestant to be crowned “Miss Universe Japan,” but not everyone cheered the result.

Because of her darker skin she was criticized online for “not being Japanese enough” and there were those who wanted to know why a “pure” Japanese had not been chosen.

Even Ariana had her doubts when she was declared the winner out of 44 finalists. “Is it really all right that it’s me?” was her first reaction. She admits she worried a lot about what people thought.

But when she came to see that there were far more people supporting her than putting her down, she became brighter about the future and the kind of role she could play. “I’d like to participate in movements that fight against racism and stereotypes,” she says.

“My mother is Japanese and my father is African-American. Probably that’s why I got so much attention,” Ariana says with a laugh. Some of her classmates in Sasebo, Nagasaki, used to bully her, saying things like, “Don’t swim in the same pool ’cause your skin will rub off on me.”

As a biracial child wondering where she should fit in, Ariana would frequently turn to her mother, who would encourage her by saying, “Everyone envies you for your beauty.”

Ariana’s parents divorced when she was very young. When she went to the United States to visit her father, she felt comfortable because she found people of many different ethnicities.

After attending a local high school in Arkansas for two years, she returned to Japan. Arriving at Narita airport, she said she was shocked to discover how really Japanese she felt. Every Japanese sign she saw made her feel she was back home.

In a world where racial discrimination and hate speech show no signs of abating, whether in Charleston, South Carolina where nine African-Americans were gunned down in a church, or streets in Shin-Okubo in Tokyo where discrimination is aimed at ethnic Koreans, she wants to make a difference.

Taking advantages of her new fame as Miss Universe Japan, she hopes in the future to campaign for a Japan and a world without prejudice. “I think Japan is showing some signs of change. We see more and more ‘haafu’ (biracial) TV personalities coming onto the scene. I think we can really change,” Ariana said.

Ariana is still unsure about the exact role she will play.

“Now I’m concentrating to be fully prepared for the Miss Universe world event which will take place sometime in 2015. I wish I can participate in some activities to raise awareness and fight against racial discrimination after that.”

The date for the Miss Universe contest, the international beauty pageant owned by Republican candidate Donald Trump, who himself is embroiled in controversy over racially insensitive remarks he made about Mexican immigrants, has not yet been decided.

Hopefully, Ariana’s victory in Japan is a signal that Japanese society is opening to accept more diversity. An added bonus is the pride she will feel by representing her country in the same light when she steps on the world stage.

ENDS

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

COMMENT FROM DEBITO:  Okay, a few points:

1) The opening paragraph, where the article says, “But the 21-year-old model and former bartender speaks the language like a native and thinks and acts like a typical Japanese her age.”  Well, she IS a native speaker of Japanese, and she IS a typical Japanese her age.  Because she IS a Japanese.  100%.  Even she says so.  Front-loading the articles to reinforce the narrative that she isn’t a Japanese because she has mixed roots is one major problem in this unnecessary debate about Miyamoto-san’s identity.

2) The article is better than many (for example this one or this one) because it doesn’t have the “Duhhhh, duhhhh, she’s just soooo beautiful…!” fawning objectification that a lot of the stunned (male) reporters do when discussing her role and her future.  However,

3) The article is basically bog-standard in terms of talking about Miyamoto, with no new news that hasn’t been reported elsewhere.  One might say that it’s good that her voice is making a Japanese newspaper.  But it really didn’t.  This article didn’t appear in the Japanese version of the Mainichi.  There is no link provided to the Japanese version like it is for other articles on the site (well, it is a Kyodo wire services article, not done by Mainichi reporters; and that’s also indicative).  A search of the Mainichi revealed that it was basically sequestered to a foreign-language-reading audience.  Once again, it’s basically showcase boilerplate for the Gaijin without making a domestic dent.

Anyway, Debito.org wishes Miyamoto-san well.  I hope that she doesn’t get ground down by the boredom of the same questions over and over again, by the nasty people who police her identity, or by the frustration she may soon feel when she realizes that her optimism about Japan changing was just her being youthful.

Given that her narrative about fighting racial discrimination is basically only showing up in the foreign-language media, the only way I see her really making a change is if she wins Miss Universe.  Then of course Japan and the media will fall all over themselves to claim her as “Japanese” (as they do Nobel Prize winners who move overseas and take foreign nationalities).  And then she’ll have greater leverage.  For that reason, among others, I hope she does win.  Dr. ARUDOU, Debito

AOL News: J-League soccer ref speaks English to, then denigrates Japanese-German player, denies anything discriminatory. But then official protests from club!

mytest

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Hi Blog.  Read this article and then I’ll comment:

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

Japan Soccer League 2: Did referee Takayama use discriminatory language towards Avispa Fukuoka’s Sakai Noriyoshi? Outrage on the Internet.
AOL News, June 10, 2015, courtesy of MMT, article below, translation by Debito

In the June 6 J2 match between teams Avispa Fukuoka and Tokushima Vortis, it has come to light in a club statement that Referee Takayama Hiroyoshi used discriminatory language against Fukuoka player Sakai Noriyoshi.

Sakai Noriyoshi is the younger brother of Japan soccer representative Sakai Goutoku, who is half-Japanese, half-German. In the 35th minute of the second half during a foul, Referee Takayama asked in English “Are you OK?”, to which Sakai answered in Japanese, “Daijoubu desu”. Takayama then apparently said, “What the… you [using omae, a masculine, informal, often disparaging or belligerent way to say “you”], you can speak Japanese after all.” To which the bystanding players protested.

At that time Referee Takayama promised that he would apologize after the game, but no apologies were forthcoming. The club protested to the commissioner, but during investigations Takayama denied that there was any discriminatory statement made.

Although some on the Internet held the opinion that “This was a simple misunderstanding”, many more were critical of Takayama, saying “Even if a mistake had been made, the problem is this attitude afterwards of denying anything discriminatory was said at all”, “Above all else, this very discourse of ‘omigod you can speak Japanese’ is tantamount to an insult, isn’t it?”, “After 10 years of blowing whistles for the J-League, it’s incredible that [Takayama] wouldn’t know who Sakai is”.

Working as a J-League referee from 2002, Takayama is a veteran international ref. After this incident the J-League fans’ comments turned to criticisms of Takayama’s past mistaken calls. The club itself sees this incident as something serious, and Avispa Fukuoka plans to issue a statement on this to the J-League.
ENDS

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

COMMENT:  Did you just see what I saw?

1) A ref basically dealt with a player in a racialized manner (assuming that a player who to him looked “foreign” had to be spoken to in a foreign language; English of course — what else do “foreigners” speak?).

2) The ref made a sarcastic statement of surprise about someone looking foreign speaking Japanese (a common microaggression).

3) Bystanding players made an issue of it.  (Amazing in itself, given how people who suffer from these types of microaggressions are usually told to grin and bear them.)

4) The ref broke his promise to apologize, in fact denied the fundamental fact of the case.

and… this is the most important bit:

5) The club stood by their player and made an issue of it too.  They’re not just sweeping this under the carpet and telling Sakai that he has to grow a pair and be less sensitive.  They are telling Takayama (and Sakai, and the authorities, and the public) that this is irresponsible and unprofessional behavior.

One more pleasant surprise was how the Internet reacted (or was reported to have reacted — often the reporters themselves buy into the microaggression and write a biased article misrepresenting the issue).  They saw the microaggression for what it is — a means to police someone’s identity into a disempowered place.  It also helped that the Takayama misjudged how his reflex to deny everything would only make the problem worse.  Great call.

As far as Debito.org sees things, this is definite progress, and hopefully the arc being traced since the J-League punished the “Japanese Only” J-League exclusionism in March 2014.  Bravo to the players, the reporter, and the club for doing something about this. As FIFA themselves say, racism has no place in sports, and cracking down here even on a seemingly minor (but significant in terms of zero tolerance) incident makes for a rare positive precedent in Japan’s egregiously racialized sports leagues (see here, here, here, here, here, here, here, here, here, here, here, and here).

Let’s see if Takayama actually grows a pair of his own and apologizes.  Perhaps if this issue leaks into the foreign-language media (this guy is an international ref, after all), he might.  Dr. ARUDOU, Debito

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

Original Japanese:

J2アビスパ福岡・酒井宣福に高山主審が差別発言?ネット上でも物議を醸す
AOLニュース 2015年6月10日 12時00分 (2015年6月11日 10時03分 更新)
http://www.excite.co.jp/News/entertainment_g/20150610/Aol_celebrity_j2fukuoka.html

6月6日に行われたJ2第17節、アビスパ福岡対徳島ヴォルティス戦で、高山啓義主審が、福岡の酒井宣福に差別発言を行いクラブ側が意見書を提出する方針であることが明らかとなった。

酒井宣福は、日本代表・酒井高徳の弟で日本人とドイツ人のハーフだが、試合後半35分のファールの際に主審が「Are You OK?」英語で質問したところ日本語で「大丈夫です」と返した酒井に「なんだ、お前、日本語を話せるんだ」と応じ、居合わせた選手から抗議を受けていたという。

その場は高山審判から「後で謝罪する」と約束したものの、試合後も謝罪の言葉がなかったことから、クラブ側がコミッショナーに抗議、事情聴取で発言自体を主審が否定しているという。

ネット上でも「単純に勘違いしたんだろ」との意見はあるものの「間違ったにしても、その後の発言自体を否定する態度に問題がある」「そもそも日本語が話せるんだという物言い事態が侮辱にあたるのでは?」「10年もJリーグの笛を吹いていて酒井のことを知らない自体がおかしい」など高山審判への批判の声は多い。

高山主審は2002年からJリーグで主審を務めるベテラン審判で国際主審、この事件発覚後、Jリーグのファンから過去の誤審問題なども例に挙げられ批判を受けているが、クラブ側も今回の事件を重く見てアビスパ福岡はJリーグに意見書を提出する方針を固めたという。

ENDS

=========================
Similar Sports Nippon article:

日独ハーフのMF酒井に主審が差別的発言 J2福岡が意見書提出へ
スポニチ 2015年6月10日 06:30
http://www.sponichi.co.jp/soccer/news/2015/06/10/kiji/K20150610010513970.html

6日に開催されたJ2リーグの福岡―徳島戦(レベスタ)で高山啓義主審(41)が選手に対して差別的な発言をした疑惑が浮上した。

問題のシーンは後半35分、接触プレーで倒れ込んだ福岡のMF酒井宣福(のりよし=22)に「Are you OK?」と英語で質問。「大丈夫です」と日本語で返されると「なんだ、お前、日本語を話せるんだ」と嘲笑しながら応じたという。やり取りを見ていたチームメートから「審判それはないでしょ」と突っ込まれると「後で謝る」と約束したが、謝罪はなかった。

酒井から報告を受けたクラブ側は試合後にマッチコミッショナーに抗議。事情聴取を受けた高山主審が「そんなことは言ってない」と説明したため、近日中にJリーグに意見書を提出する方針を固めた。

酒井は日本人とドイツ人のハーフでシュツットガルトの日本代表DF酒井高徳の弟。クラブ関係者は「外国人風の見た目ではあるが、Jリーグで何度も笛を吹いている審判なら宣福のことは知ってるはず。差別的な発言とも取れる」と問題視した。高山主審は02年からJ1リーグで主審を務めており、国際主審でもある。
ENDS

J Times Kingston on Abe’s intimidation of media: You know it’s getting bad when even apologist bigot Gregory Clark complains about Rightists targeting him

mytest

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Hi Blog. Now here’s a wonderful turn of events that I can’t help feeling a bit karmic about.

Gregory Clark, columnist for the Japan Times and xenophobic perpetual denier of racism in Japan (he’s even had a JT column entitled “Antiforeigner discrimination is a right for Japanese people“!), has gone beyond petty whines about, say, how he couldn’t enforce his White Privilege and make Roppongi police arrest some “African touts” because they were “hecklers”.  Now he’s complaining about something far more serious — about being targeted by Japan’s right wing. Check out this excerpt from Jeff Kingston’s most recent commentary in the Japan Times:

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From “Are forces of darkness gathering in Japan”, by Jeff Kingston, Japan Times, May 16, 2015

JT: “[Government officials] have become more numerous, blatant and unapologetic,” [US-based journalist Ayako Doi] says, adding that the government is targeting both Japanese and non-Japanese critics alike.

Japan Times columnist Gregory Clark says the atmosphere of intimidation has become exceptionally “ugly,” attributing it to a “right-wing rebound and revenge.”

“Something strange is going on,” he says, citing recent attacks on progressive media. “Particularly given that Tokyo keeps talking about its value identification with the West.” […]

Clark himself was publicly defamed for his alleged anti-Japanese views because he raised some questions about government and media representations concerning the North Korean abductions of Japanese nationals. Following that, he says his university employer received a cascade of threatening letters demanding he be sacked.

“Requests to write articles for the magazines and newspapers I had long known dried up,” Clark says. “Invitations to give talks on Japan’s lively lecture circuit died overnight. One of Japan’s largest trading companies abruptly canceled my already-announced appointment as outside board director with the vague excuse of wanting to avoid controversy.”

Lamentably, he added, “You cannot expect anyone to come to your aid once the nationalistic right-wing mood creators, now on the rise, decide to attack you. Freedom of speech and opinion is being whittled away relentlessly.”

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Full article at http://www.japantimes.co.jp/opinion/2015/05/16/commentary/forces-darkness-gathering-japan/

COMMENT: That’s how bad it’s getting for NJ in Japan — even the worm has turned. But it’s pretty rich for Clark to say this given the past fabrications and intimidations, not to mention decades of profiteering from pandering to those forces that have now turned against him. As for claims of “defamation”, how about the long-standing vituperative (okay, I’ll use his favorite word: “ugly”) criticism doled out towards anyone who questioned the system and its unfairness to anyone else in a similar position as a long-term resident (and in my case, a citizen) of Japan?

I’m not sure you have a leg to stand on here, Greg.  After all, isn’t discriminating against you a right for Japanese people?discriminating against you a right for Japanese people?

I’ll let Debito.org Reader JDG conclude this blog entry:

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

JDG:  Please spare a moment’s thought for the plight of Gregory Clark. Even though this has happened to him (and seriously, see how low an opinion of him is held in the article ‘Our Other Man in Japan’), I have to say that such intimidation and discrimination, EVEN against Gregory Clark, is deplorable (in fact, when you or I are discriminated, we get the whole apologist slapdown. When it happens to Clark, suddenly it’s ‘The Forces of Darkness’! I mean what is this? Lord of the Rings?). I just wish that he’d used all his years of access to policy makers to work to improve the lot of NJ in Japan, rather than for his own personal gain, and IMHO, vain pride and sense of self-entitlement.

Anyhow, starting with that time he got annoyed with the police because they didn’t care who he was, and therefore didn’t arrest some black guys for him, he seems to have just gone downhill. What’s next? Black vans outside his house, and bullets from the uyoku in the post?

Since I read in previous articles about Gregory that he was loaded and flush with cash from property deals and public speaking, I won’t be asking Debito.org readers to donate any money to get Gregory off the street, nor will I be asking any of you to ‘adopt an Australian’ for $5 a month (or anything like that).

Dear Greg,
If you’re reading this, you always have a home here with us (maybe. I dunno, after all, it’s Dr. Debito’s page, and you’ve been kind of critical of him in the past. Just sayin’.). What I mean is, now that you’ve seen Japan ‘through the looking glass’ as it were, had your bubble burst, and have experienced the kind of discrimination that you always said didn’t exist for NJ in Japan, anytime you want to pitch in and lend a weighty hand in this struggle for human rights, we (well, I guess ‘I’, after all, I can’t speak for the others) would welcome you, and your past sins would be forgiven, as it were (again, that’s an ‘I’ statement).

Yours sincerely, JDG (the kind of NJ you wouldn’t have given the time of day to).

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

ENDS

Japan Times JBC 87 May 4, 2015: Interview with M.G. Sheftall: “Japan-U.S. effort to tell Kamikaze suicide pilots’ stories dodges controversy, wins praise”

mytest

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Hello Blog. Here’s the opening to my latest Japan Times JUST BE CAUSE column. There will be a longer version containing the whole hourlong interview with Dr. Sheftall out in a few days. Dr. ARUDOU, Debito

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justbecauseicon.jpg

THE JAPAN TIMES: ISSUES | JUST BE CAUSE
Japan-U.S. effort to tell suicide pilots’ stories dodges controversy, wins praise
BY DR. DEBITO ARUDOU. MAY 3, 2015
http://www.japantimes.co.jp/community/2015/05/03/issues/japan-u-s-effort-tell-suicide-pilots-stories-dodges-controversy-wins-praise/

Dr. M.G. Sheftall, professor of modern Japanese history at Shizuoka University and author of “Blossoms in the Wind: Human Legacies of the Kamikaze,” was in Honolulu last month for the dedication of a temporary exhibition about the Tokkō kamikaze suicide pilots aboard the battleship USS Missouri, the site of Japan’s surrender at the end of World War II. JBC sat down for an interview with Dr. Sheftall about the kamikaze phenomenon and what makes this exhibition unique.

Q: So, what’s going on here?

You’ve witnessed something very historic, because the exhibit is the first about any kind of Japanese military activity in the modern era ever held outside of Japan with Japanese cooperation — in this case, with the Chiran Peace Museum on the kamikaze in southern Kyushu.

What makes the USS Missouri an especially relevant venue is that it is to my knowledge only one of two still-existing ships — the other being the USS Intrepid — that were actually hit by kamikaze during the war. The USS Missouri was hit on April 12, 1945, exactly 70 years ago.

There’s a feel-good aspect to this story — very hard to do when you’re talking about kamikaze attacks. The bomb on the plane that hit the Missouri did not detonate. The wreckage spilled onto the deck and amidst that was the pilot’s remains. When the crew was putting out the fire, the initial reaction had been to hose his remains off the deck. But the captain of the USS Missouri, William Callaghan, announced to the crew: “No, we’re going to give him a proper military burial. Now that he’s dead, he’s not the enemy anymore. He’s just another human being, like you and me, who died for his country.”

The next day the crew formed on deck to consign their fallen former enemy to the depths with full naval honors. They even made a Japanese flag shroud from old unused signal flags.

I think that’s a nice story. If there can be some recognition of humanity even in such circumstances, that shows hope for human beings in an otherwise insane and irrational situation dominated by hatred and fear.

Q: How many ships were sunk in the kamikaze campaigns? …

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

Rest of the article up at http://www.japantimes.co.jp/community/2015/05/03/issues/japan-u-s-effort-tell-suicide-pilots-stories-dodges-controversy-wins-praise/.

Feel free to comment below.  Dr. ARUDOU, Debito

Kyodo: Summary Court overturns fine levied on Filipino-Japanese man after Osaka police botch assault probe — that punished him for defending himself against drunk Japanese assailants!

mytest

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Hi Blog. Check this article out, followed by a comment by Debito.org Reader and submitter JDG:

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

NATIONAL / CRIME & LEGAL
Filipino-Japanese exempt from fine after Osaka police botch assault probe
KYODO NEWS/JAPAN TIMES APR 24, 2015
http://www.japantimes.co.jp/news/2015/04/24/national/crime-legal/filipino-japanese-exempt-from-fine-after-osaka-police-botch-assault-probe/

OSAKA – The police investigation into a street brawl in Osaka in 2013 that resulted in a fine for a Filipino-Japanese man was superficial and should never have caused charges to be filed, a court in Osaka has ruled.

In a rare ruling, the Osaka Summary Court decided to exempt the 23-year-old defendant from punishment despite finding him guilty of assault, after hearing that the police failed to provide him with a Tagalog interpreter. The man can only speak limited Japanese.

According to the ruling, two drunken men began a quarrel with the defendant on a street in Osaka in June 2013. When one of them grabbed his collar, the Philippine-Japanese man punched him in the face, causing a broken bone.

Neither of the drunks was indicted. But the court initially ordered the Filipino-Japanese man to pay a ¥300,000 ($2,500) fine in January 2014. The defendant filed a complaint and sought a formal trial, leading to a ruling that effectively canceled the fine on Feb. 26.

The ruling was finalized on March 13 after the appeal period expired.

“This is de facto innocence,” said Masanori Matsuoka, the defendant’s lawyer. “It’s an excellent ruling that criticized the investigation of a man who cannot speak Japanese sufficiently.”

Judge Akinori Hatayama said it is unfair to punish only the Filipino-Japanese man, given that the drunken man was not indicted for assault.

The judge criticized the prosecutors for charging the defendant without properly considering the case and based purely on the degree of physical injury that resulted from the scuffle.
ENDS

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JDG: Well, this is an interesting case. Now, if we take the poor reporting to mean that ‘Filipino-Japanese’ = naturalized Japanese citizen of NJ descent, this story is quite telling.

Naturalized Japanese citizen is stopped in Osaka by two drunk Japanese guys, who grab his shirt collars whilst shouting at him. The naturalized Japanese punches one in the face in self-defense and is arrested, charged, goes to court, and is fined.

The Japanese assailants, since they are ‘victims’ of their own victims self-defense, are not apprehended, and win compensation from their victim!

Thankfully, this was over-turned at a [summary] court. But the fact that it played out like this clearly shows the intense institutional racism of the Japanese police and legal system. In effect, if you are Japanese, you can commit assault (by western standards) on NJ (well, anyone who was not born Japanese), and the legal system recognize you as the victim if you are injured whilst attempting assault!

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

Quite.  And, I might add, if he hadn’t taken it outside the criminal justice system (I assume) into Summary Court, he would have never gotten this ruling on the record either.

Clearly somebody had to go down for this incident in the cops’ eyes.  And since they saw what they considered to be a NJ involved (naturalized or not), they charged and convicted him.  Wrongly so, as this court ruling demonstrates — nearly two years later!  Dr. ARUDOU, Debito

Post #2500: Dr. M.G. “Bucky” Sheftall’s speeches at the opening of “Kamikaze” suicide pilots exhibit aboard USS Missouri, Apr 10 and 11, 2015

mytest

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Hi Blog. To celebrate Debito.org’s 2500th Blog Post (not including all of the other sites for example here, here, and here in the ten years before the blog was established), I am proud to have the privilege of putting up two important speeches by friend and colleague Dr. M.G. “Bucky” Sheftall of Shizuoka University, author of “Blossoms in the Wind: Human Legacies of the Kamikaze” (Penguin, 2005)

These speeches were given on April 10 and 11, 2015, to commemorate the opening of a temporary exhibit of historical artifacts and records of “Kamikaze” suicide pilots. This important exhibition is currently below decks for at least the next six months aboard the USS Missouri (yes, the site where Japan surrendered and ended WWII), anchored at Pearl Harbor, Honolulu, Hawaii. It is open to the public, featuring things from the Chiran Peace Museum near Kagoshima, Kyushu, never before seen outside of Japan. I was in attendance at both events, and it made several US newspapers (the front page of the Honolulu Star-Advertiser (subscription only), on Hawaii NewsNow, and the Los Angeles Times, inter alia) as well as some Japanese media. The ceremony itself took place on the 70th Anniversary of a suicide pilot colliding with the Missouri (its bomb did not explode), with many people on both sides of the Pacific in attendance.

BuckySpeaksMissouri041015

I’ll let Bucky tell the rest of the story. First the shorter speech of April 11, then the longer one with more context and intents of April 10. Read and have a think about how some people are wresting control of Japan’s wartime narrative into a less jingoistic direction. Dr. ARUDOU, Debito

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SPEECH BY MAYOR SHIMO-IDE OF CHIRAN, MINAMI-KYUSHU CITY, KAGOSHIMA. TRANSLATED AND READ BY DR. M.G. “BUCKY” SHEFTALL
USS MISSOURI, HONOLULU, HAWAII, APRIL 11, 2015

戦艦ミズーリ記念館 セレモニー 市長挨拶
Ladies and gentlemen, Aloha, good morning, ohayo gozaimasu.
First, on behalf of the city of Minamikyushu, Japan, I would like to thank the Battleship Missouri Memorial and its staff for giving us this opportunity to exhibit artifacts from our city’s collection of kamikaze pilot letters and personal effects in this historic and symbolic place.

Seventy years ago, our two nations were at war with one another. 
Seventy years ago to this very day, on April Eleventh, Nineteen Forty-Five, a nineteen-year-old Japanese kamikaze pilot crashed his aircraft into this ship — only a few yards from where I am standing. But even in the midst of bitter war, even as lookouts scanned the skies for more attackers, the captain and crew of the Missouri held a military funeral for the dead pilot with honor and respect.

Seventy years ago, the captain and crew of the USS Missouri were able to recognize humanity shared with a fallen enemy. I believe that spirit lives on in this ship, and that it is what allows us to gather here today on the occasion of the opening of the first exhibit on kamikaze history ever held outside of Japan, triumphant over the bitterness and hatred our nations had for one another in a past still within living memory.

In the last months of the war – a war which started with an attack by Japan upon this very spot in 1941 – our town saw off many, many kamikaze missions. It is regrettable that we cannot undo a past in which our two countries were once at war. But now, seventy years later, through this historic exhibit at the Battleship Missouri Memorial, we are provided with an opportunity to stand together steadfastly and look back upon that past in a spirit of reconciliation and mutual understanding.

President John F. Kennedy once said “Mankind must put an end to war, or war will put an end to mankind.”All of us gathered here today, and everyone else on this planet, wants peace on earth. And certainly, all of us share from the bottom of our hearts the hope and the prayer that the human race never again sees a war on the scale of destruction and ferocity of the bitter conflict between our two countries seventy years ago. I sincerely believe that this exhibit represents a step, even though maybe only a small step, in the cause of peace not only for our countries, but also for East Asia and the world as a whole.

Finally, I would like to thank the president, curator and staff of the Battleship Missouri Memorial and everyone else who, through their patience, cooperation and great efforts, have helped to make this exhibit possible. Together with my prayers for the success of the exhibit, I also offer my sincerest gratitude. Thank you.
ENDS
///////////////////////////////////////////////////

Kamikaze Lecture April 10, 2015
Written and delivered by Dr. M.G. “Bucky” Sheftall
USS Missouri, Honolulu, Hawaii

Ladies and gentlemen, Aloha, and mahalo for inviting and joining me here this evening. I would like to give a special mahalo to the hard work and generous hospitality of the Battleship Missouri Memorial staff in providing this spectacular and profoundly historic and symbolic venue for my talk, in which I will try to put into appropriate context two events of direct relevance to why we are gathered here on the fantail of this legendary warship.

One of these events involved a 19-year-old man – a boy, really – named Setsuo Ishino crashing a Mitsubishi Zero fighter plane in a kamikaze attack against this ship, hitting it about twenty yards from where I stand, exactly seventy years ago to the day tomorrow. I have spent the past fifteen years of my academic career attempting to figure out why thousands of sane, rational young Japanese men like Ishino did what they did, and were able to do what they did, in 1944-45. And make no mistake about it, as you will see when you read their letters later on when we go belowdecks to see the exhibit, these young men WERE sane and rational – I believe it was rather the circumstances into which they were thrown in 1944-45 that were insane, and irrational.

I have also studied why and how those young men could be ordered to do what they did by ostensibly sane and rational senior military professionals.

Likewise, I have tried to figure out how the populace of an entire nation – in full knowledge via Japanese state mass media at the time of exactly what the “kamikaze” concept entailed, in all of its tragic, gruesome details – could cheer the kamikaze pilots on for the last ten months of the war, sure to the very end that the kamikaze campaign waged by both the Imperial Army and Navy was sure to miraculously rescue them and bring the nation a glorious victory even as Japan’s cities were being burned to the ground every night by American B-29s. To put that era of magical thinking in sharper perspective, during the ten months that constant news headlines and stirring radio broadcasts about the kamikaze gave the Japanese nation the will and hope to keep fighting on in their lost war, approximately half of Japan’s two million military fatalities in the entire conflict and the vast majority of its civilian fatalities were suffered.

In the limited time we have this evening, I hope I can shed at least a little light upon – and do justice to the weight of – the extremely complex issues related to the kamikaze phenomenon, none of which can in any case be explained with single, simple answers.

The second relevant event I would like to put in proper context is about to happen, also tomorrow, and also on this ship, but several decks below the spot where young Setsuo Ishino’s Zero hit the Big Mo. And here, I am of course referring to the “kamikaze artifacts” exhibit featuring letters, uniforms, and other personal effects of kamikaze pilots – the first exhibit of its kind ever held outside of Japan – that will open here at the Battleship Missouri Memorial tomorrow morning.

Before proceeding, I would like to make a note regarding terminology. I am aware that the term “kamikaze” is pretty much standard around the world – outside of Japan, that is, where it is eschewed for various reasons – for describing the late-war Japanese military tactic of the deliberate crashing of aircraft into targets. However, in the interest of historical accuracy, of avoiding stereotypes fossilized by decades worth of lurid Sergeant Rock comic books and tacky slang usage, and most importantly, at least for me, in the interest of ease of elocution, for the rest of my talk, instead of the term “kamikaze”, I am going to use the phrase “tokkō”, which is a Japanese abbreviation of the euphemistic military expression “tokubetsu kōgeki” or “special attack”. So, from hereon out, it’s not “kamikaze”, but “tokkō”. Everyone on board with that?

So, let’s move on to what I’m pretty sure is the first question about tokkō that is probably at the front of everyone’s mind this evening, NAMELY, “Why did they do it?” That is a simple and quite reasonable question to which there are, unfortunately, and at risk of repeating myself, no simple and reasonable single answers. This issue is so complex that, in my fifteen-odd years of study dedicated to it, I think I have barely scratched its surface, and I doubt I will ever figure it all out. Actually, I doubt anyone ever will or can. Nevertheless, I will try to share with you now a summary of some of the fruits of all of that surface-scratching the Japanese taxpayer has been paying me to do for the past fifteen years.

First and foremost, tokkō should be approached from the perspective of brute military expedience. By the time the Japanese military began deploying tokkō, it had already endured a nearly two-year-long steady stream of military defeats and setbacks since the heady period of initial Japanese successes in the first 12 months of the war.

One specific development in the overall dire military situation which had direct influence on the eventual deployment of tokkō was Japan’s near complete loss of air superiority – or even anything approaching air parity — in just about every theater of operations against Allied forces from at least early 1943 on. This loss of air superiority extended to the Japanese Home Islands themselves by late 1944. This turning of the tide of the Pacific war in the air can in large part be credited to new American fighter designs such as the Grumman Hellcat which were not only superior to but in fact specifically designed to destroy the previously overwhelmingly dominant Japanese fighter types. But most credit in this case must be given to the sheer economic and strategic inevitability of what was bound from the start to happen to Japan’s war fortunes when America’s industries tooled up to full war emergency power, so to speak, and the American populace mobilized itself psychologically and steeled itself emotionally for a long, brutal fight against a determined enemy the final outcome of which was nevertheless never in question even when oil fires and burning warships blackened the skies over this very spot on December 7, 1941.

Of course, in an aviation-dominated conflict such as the Pacific Theater, the loss of air superiority was, at the risk of gross understatement, a critical setback for the Japanese military – particularly the Imperial Navy and Merchant Marine, upon which the new Japanese Empire was even more dependent than the old British Empire had been upon its own maritime resources. Without the ability to put up a decent fight in the air, Japanese forces could neither take the fight to the enemy nor adequately defend themselves when the enemy took the fight to them – something that was happening with increasing frequency and intensity from early 1943 on. When Japanese surface vessels sortied out to close for combat, they were as often as not sunk by Allied aircraft before they ever saw an enemy warship. Without the ability to put up solid resistance in the air, the Japanese military could neither stop nor even significantly slow down the Allied fleets that were breaching the ramparts of the Japanese Empire on all fronts and beginning to close in on the Japanese Home Islands themselves by late 1944, when the tokkō tactic made its official debut at the Battle of Leyte Gulf in the Philippines in October of that year.

When Western writers attempt to address the issue of tokkō, their approach all too often has a vaguely patronizing, Rudyard Kipling-esque, almost touristy feel to it – a tendency to draw facile parallels to the samurai ethos and the like – lots of misty imagery of mountaintop Zen temples and harakiri scenes and purple prose about cherry blossoms and such – in other words, to write the tokkō phenomenon off to a case of some kind of exotic, inscrutable Japanese weirdness. I do not approve of this trope in Western writing on the subject of tokkō, and have always tried to avoid it unless I am mentioning it in the specific case of wartime Japanese propaganda’s prodigious efforts to sell the tokkō concept to the general public and to the military rank-and-file using similarly flowery and self-exoticizing imagery – portraying tokkō as something springing up naturally from some native, ancient, magical samurai spirit in the Japanese soul – as opposed to being something mapped out as a desperation tactic in a naval planning room and ordered to be performed by adolescent pilots who had no choice in the matter of their personal fate. Yes, if I were a 1944 Japanese propagandist tasked with selling the tokkō concept to the Japanese public, I certainly would have opted for the misty mountain cherry blossom samurai imagery, too. As stirring PR, it’s brilliant.

So, minus all of the “East is East, West is West, and never the twain shall meet” boilerplate, and keeping our emotive adjectives and adverbs to a bare minimum, what was tokkō was all about?:

From October 1944, the Imperial Japanese military – choosing to continue fighting in a combat environment in which air superiority had been completely and irretrievably ceded to the enemy – began fielding what were, in dispassionate, brutally frank terms of intended tactical utility, guided anti-ship missiles. The technology that could be applied to these “guided missiles”, however, was limited to what was available to the Japanese military in 1944-45.

Technological limitations, the exigencies of a rapidly deteriorating tactical and strategic situation, and perhaps, the temptation of having on hand a ready supply of young men that were – thanks to three generations of intensive state education for this very role – capable of any sacrifice (or at least incapable of refusing orders to make any sacrifice) for their cause – all had direct bearing on the decision to commit to tokkō. With the luxury of such human resources at hand, Japanese planners reached the conclusion that a human brain and body – i.e., a pilot – comprised the most pragmatic and effective option available for the target acquisition and guidance control system necessary for this anti-ship missile, while a bomb-laden high performance military aircraft was regarded as the most practical choice for its ballistic component. “Successful” deployment of the weapon, of necessity, involved the inevitable destruction of the human “guidance system” when the “missile” was crashed into its target – generally an Allied warship. The Japanese military had these resources at hand in 1944-45, and they were used to pursue the war effort.

Now, all of this raises a second very important question, namely, “Did anyone in Japan try to stop the decision to go all out on tokkō tactics?” There was, initially, a measure of opposition within the military to the expenditure of human lives in such a horrific manner – even Vice Admiral Takijiro Ohnishi, who would go on to be the first flag officer to give tokkō orders in the field, went on record in a high level Tokyo naval strategy meeting as being opposed to using men and aircraft in this manner when the concept – which Ohnishi initially called tōsotsu no gedō or “military apostasy” — first began getting airtime in high-ranking naval circles after major defeats at Guadalcanal and the Aleutians.

However, the general panic in the wake of the fall of Saipan in 1944 – now putting Japan itself within range of B-29 bases which could not be neutralized by Japanese land forces (unlike US bases in China) – the success of the tokkō tactic’s debut at Leyte Gulf, and perhaps of equal importance, the extreme ingroup conformity and groupthink that characterized Japanese military culture of the era, are all factors that contributed to the silencing of most would-be critics of tokkō. From then on until the end of the war it was acknowledged by the overwhelming majority of field commanders in both the Imperial Navy and Army that the new “guided anti-ship missile” was capable of accuracy and destructive power far greater than what was by then considered obtainable with conventional air tactics against superior Allied forces. As the thinking at the time went, if all of the nation’s military pilots were going to be killed anyway in lopsidedly unequal air combat, why not make their deaths count by striking powerful blows against the enemy? So tokkō was used. And once tokkō entered the public imagination via the mass media, with the military now so publicly and irreversibly committed to the tactic, no one had the nerve to try to stop the whole catastrophic process once it was set in motion. Not even the Emperor himself, who is reported to have stood and solemnly bowed in the direction of the Philippines when told the news of the first “official” tokkō deployment at Leyte Gulf.

And as far as the general populace was concerned? As I intimated previously, the tokkō pilots were collectively presented to the public – and received rock star-like adoration from that public – as dashing young heroes. The mass media record of the era makes unquestionably clear that there was a huge amount of public support for tokkō – both of the sincere and, one suspects, prudent lip-service variety – while the war was going on. No one questioned the tactic, or the sacrifice, or the meaning of it all in wartime Japanese print or broadcast.

For the most part, young, usually unmarried pilots with little or no previous combat experience carried out the tokkō missions. By war’s end, some 5,843 of these young men, many if not most as “volunteers” in name only, had died in tokkō attacks (the vast majority of these aerial tokkō attacks as opposed to manned torpedoes or suicide motorboats) that sank or damaged over 200 Allied ships and killed or wounded approximately 15,000 Allied servicemen, also resulting in the highest rate of psychological casualties – then referred to as “combat fatigue”, and what would today be referred to as PTSD – ever seen before or since in the history of the American armed forces.

So, what do the Japanese think of the tokkō legacy now?

Even though tokkō casualties amounted to less than one percent of the total Imperial Japanese Army (IJA) aviation casualties and only a slightly higher fraction of Imperial Japanese Navy (IJN) aviation casualties during the war, the tokkō legacy has continued to be a tremendously symbolic and emotionally powerful feature of the postwar Japanese psychological landscape. The existence of a Japanese institution such as the Chiran Peace Museum, which has cooperated in putting together the exhibition here, is proof of the symbolic and emotional power the tokkō legacy continues to have in Postwar Japan, and proof, perhaps, that this legacy has yet to be completely worked out in popular Japanese historical consciousness. This is true not only for Japanese whose lives were personally and directly affected by tokkō during the war, but I think for all other Japanese since. While it is clear that tokkō was and continues to be something of which millions of Japanese are proud (and one suspects this sentiment is publicly expressed with varying degrees of sincerity and conviction, and privately embraced with varying degrees of cognitive dissonance involved), it is also clear that the tokkō legacy poses a weighty belief dilemma in Japanese discourse regarding national identity – both during and since the war.

Specifically, the essentially overlapping legacies of tokkō-as-historical legacy and tokkō-as-real-time-official military policy have posed particularly hard questions in the following areas: firstly, about the moral implications for those involved in conceiving, carrying out and or otherwise supporting the tokkō campaign in real-time; secondly, about how the tokkō legacy will and SHOULD be treated by historical posterity; and lastly, about how this legacy should be explained (if at all) to current and future generations of Japanese young people. The tokkō legacy might even be said to raise – and I believe it should be ALLOWED to raise – hard questions about the nature and responsibility of a society and political system under which such a tactic could be conceived and executed by its leadership, unquestioningly obeyed by the military rank-and-file, and enthusiastically supported to the degree that it was by that society’s members.

Frankly, I do not think most Japanese want to see Japan become a country like that again – either willingly, out of some kind of misguided cultural nostalgia, or forced to become so by circumstance – with the nation backed into a corner again like it was in 1944-45. And I KNOW no OTHER country wants to see Japan become like that again. The efforts, cooperation, generosity, and moral courage of the city of Minamikyushu and its Chiran Peace Museum in helping to put this exhibition together at Big Mo are proof aplenty that there are movements afoot in Japan to begin the necessary and long overdue process of negotiating explanatory narratives about Japan’s war experience that are acceptable not only for certain domestic Japanese niche audiences, but which are acceptable globally, as well, including with former enemies the loathing and fear of whom still exist in living Japanese memory. These developments and the aspirations for world peace they entail can ONLY have positive consequences for Japan, for the region of East Asia, and for Japan’s national image around the world. It is win-win for everyone involved. Through this reaching out to a former enemy in this literally historically unprecedented exhibit, Chiran is blazing a trail – it is showing the rest of Japan – and ALL OF US – how it can be done, how a commitment to remembering the past can and must put to rest, once and for all, simmering, lingering resentments and hatred about that past. And we are all the better off for these efforts. As you join me below decks later, I ask that you keep that idea in your mind as we explore this exciting new exhibit, and to also keep in mind the idea that you can acknowledge another human being’s humanity and honor his memory and sacrifice without being compelled to glorify, rationalize, or romanticize the cause for which he was sacrificed or, and this certainly applies in this case, without being compelled to attempt to glorify, rationalize, or otherwise romanticize the manner in which that sacrifice was made. Captain William Callaghan and the crew of the USS Missouri taught us as much not twenty yards away from where we are gathered, 69 years and 363 days ago. It is a lesson we should never forget. Thank you for your attention this evening.

ENDS

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

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

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

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

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

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

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

mytest

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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

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

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

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

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

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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

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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

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

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.
///////////////////////////////////////////////////////////////////

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)

mytest

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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

mytest

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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

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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

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

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

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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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

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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“LIKE” US on Facebook at http://www.facebook.com/debitoorg
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Donate towards my web hosting bill!
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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

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

‘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

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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.

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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

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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

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“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:

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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.
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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

mytest

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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

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

‘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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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)sourstrawberriesavatardebitopodcastthumb
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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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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)sourstrawberriesavatardebitopodcastthumb
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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

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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

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

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

mytest

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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

mytest

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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 https://www.debito.org/?p=12077#comment-431421
https://www.debito.org/?p=12077#comment-431434
UK Independent on the apologies https://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

mytest

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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

mytest

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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

mytest

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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:
https://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.
https://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

mytest

eBooks, Books, and more from ARUDOU Debito (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan\" width=「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free
“LIKE” US on Facebook at http://www.facebook.com/debitoorg
http://www.facebook.com/handbookimmigrants
https://www.facebook.com/JapaneseOnlyTheBook
https://www.facebook.com/BookInAppropriate

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:

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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 https://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 https://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 https://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

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)sourstrawberriesavatardebitopodcastthumb
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http://www.facebook.com/handbookimmigrants
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https://www.facebook.com/BookInAppropriate

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!
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GUIDEBOOK has been completely updated for 2013.  Similar information is available in English and Japanese at https://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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eBooks, Books, and more from ARUDOU Debito (click on icon):
japaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan\" width=「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumb
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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

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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