Thoughts on GOJ Upper House Election July 11, 2010: A DPJ loss, but not a rout, regardless of what the media says.

Posted on July 12, 2010July 16, 2010 by Debito Arudou, Ph.D.

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Hi Blog. As Debito.org does every election (see some past entries here and here), we offer our assessment of what happened. All information is gleaned from the newspapers (Asahi, Mainichi, Yomiuri, and Doshin) that came out the next morning, with some analysis from looking at the hard numbers. I am not a politico or insider, just somebody with a healthy interest in the democratic process in Japan, putting his undergraduate Government degree to work:

THE GOAL OF THIS ELECTION FOR THE RULING DEMOCRATIC PARTY OF JAPAN (DPJ)

The Upper House of Japan’s Diet (parliament) has a total of 242 seats. Half the UH gets elected every three years, meaning 121 seats were being contested this time. Of the ones not being contested, the ruling DPJ, which has held the majority of UH seats (through a coalition with another party) since 2007, had the goal of keeping that majority. To do that, the DPJ had to win 55 seats plus one this time (since they already had 66 seats not being contested this election). The opposition parties (there are many, see below) had the goal of gaining 66 seats plus one (since 55 of theirs were not being contested this election) to take the UH majority back. Here’s how the numbers fell this morning after yesterday’s election:

DPJ won 44 (while their coalition partner lost all of theirs).
Non-DPJ won 77.

Totals now come up to 106 (a loss of ten) seats for the DPJ, meaning they lost their absolute Upper House majority, thanks to a coalition partner party (Kokumin Shintou) losing all their contested seats (three). Thus the DPJ lost control of the Upper House.

However, this does not mean that somebody else assumes power of it. Nobody is close to forming a Upper House majority, meaning there will be some coalition work from now on. Breaking down the numbers:

Ruling DPJ won 44 (a loss of ten seats).
The former ruling Liberal Democratic Party (LDP conservative status quo) won 51 seats, a total gain of 13.
Koumeitou (KMT a “Buddhist Party”, think the Mormons creating their own party in the US) won 9 seats, a loss of two.
Japan Communist Party (JCP) won three seats, a loss of one.
Shintou Kaikaku (a populist reform party made up of LDP defectors led by very popular Masuzoe Youichi) won one seat, a loss of four.
Shamintou (DSP, a left-wing party and former DPJ coalition member led by Fukushima Mizuho) won two seats, a loss of one.
Tachiagare Nippon (TAN, a fringe xenophobic right-wing party made up of LDP defectors) won one seat, breaking even.
Minna no Tou (MNT, a self-professed “entrepreneurial” party made up of LDP defectors) won ten seats, a gain of ten.
Kokumin Shintou (KMS, an erratic rightish party in the DPJ coalition) won no seats, a loss of three.
The Happiness Realization Party (a loony party founded by a religious cult) won nothing, again.
Unaffiliateds (i.e. no party affilation, independents) won no seats, a loss of one.

Source: http://www2.asahi.com/senkyo2010/

Hence somebody has to start power brokering to reach the majority of 121 plus one, since the second-strongest party, the LDP, now only has a total of 84 seats. Even with its perennial coalition buddy, KMT, that’s still only 19 more. Methinks (and only methinks) the biggest winner in this election MNT (eleven seats total) will probably join in with the LDP and KMT, but that still only adds up to 114. Speculation is rife but inconclusive at this time.

PULLING THE RAW NUMBERS APART

DPJ lost this election, there’s no other spin to be had. But it was not a rout like the media has been portraying (using words like taihai and haiboku — compare it with a real rout like the UH election of 2007 against the LDP, see here). Consider this:

Number of electoral districts where DPJ came out on top where they weren’t on top before (in other words, electoral gains as far as DPJ is concerned): None.

Number of electoral districts where DPJ stayed on top or kept their seat same as last election (in other words, no change for the worse): 22
(Oita, Kochi, Okayama, Nara, Mie, Shiga, Yamanashi, Hiroshima, Hyogo, Kyoto, Osaka, Gifu, Nagano, Aichi, Shizuoka, Tokyo, Ibaraki, Niigata, Fukushima, Iwate, Miyagi, and Hokkaido).

Number of electoral districts where DPJ lost but lost there before anyway (in other words, the status quo of no electoral gains): 10
(Okinawa (the DPJ did not contest a seat there anyway, but the previous winner was Unaffiliated), Kagoshima, Yamaguchi, Shimane (although loser there was KST, a DPJ coalition partner), Ehime, Wakayama, Fukui, Toyama, Gunma, and Akita.)

Number of electoral districts where DPJ flat out won before but lost a seat this time (this is the bad news, electoral losses): 12
(Nagasaki, Saga, Kumamoto, Kagawa, Tokushima, Tottori, Ishikawa, Saitama, Tochigi, Chiba, Aomori, and Yamagata)

Conclusion: The DPJ essentially held their own in a near-majority of contested electoral districts. They did not gain much, but did not lose “big”. In fact, in all multiple-seat constituencies, at least one DPJ candidate won (see below).

———————————–

Here’s another spin:

As I said, many districts have multiple seats, and in every one at least DPJ candidate won. But the number of electoral districts where DPJ stayed on top, same as last election: 3
(Kyoto, Niigata and Fukushima)

Where they did not: 15
(Fukuoka, Hiroshima, Hyogo, Osaka, Nagano, Gifu, Aichi, Shizuoka, Tokyo, Chiba and Kanagawa (from two seats to one in each place), Saitama, Ibaraki, Miyagi, and Hokkaido.)

Source: Hokkaido Shimbun July 12, 2010, page 20.

However, if I were a DPJ spin doctor, I would say: Most multiple constituencies had two DPJ candidates competing against one another (against only one LDP candidate, as in Hokkaido), and since they sucked the votes from each other, generally one DPJ won and one lost. If only one DPJ candidate had run, then he or she would probably have come out total on top ahead of the LDP candidate, and there would not be so many second-place DPJ finishes.

The unquestionably biggest DPJ loss was Kanagawa, where they not only completely lost a seat to the upstart MNT, but also unseated was Chiba Keiko, the current Justice Minister, a proponent of separate surnames after marriage (fufu bessei) and an opponent of the death penalty. This is a big loss for the left wing of the already ideologically-fractious DPJ.

THE BEST NEWS AS FAR AS DEBITO.ORG IS CONCERNED:

We have discussed here how certain parties were bashing foreigners to gain votes (it happened pretty hard in Renho’s district in Tokyo). It didn’t work. Renho won her district easily. Moreover, the right-wing fringe parties (TAN, with racist leaders Hiranuma and Ishihara) only got one seat (and it was a celebrity — the DPJ did the same with “Yawara” Tani Ryoko) from the PR vote (if you can’t get one there, you’re pretty much useless as a party), meaning TAN is down one seat from before. KMS, also a foreigner-bashing party, got no seats this time at all. Hah. Serves you right.

But anyway, the media is spinning this as a big loss, even though ruling parties (except the ones that have been governing for fifty years and have the power of precedent or no viable opposition party) generally lose a bit in midterm elections (because of an inevitable degree of voter alienation from, say, disappointed and defeated expectations, or from having to create winners and losers from their decisions). This was no exception. But the LDP once governed for years without the support of the Upper House (much weaker than the Lower House, which the DPJ still controls), so the DPJ can do the same. I doubt the DPJ is taking LDP leader Tanigaki’s calls this morning for an immediate dissolution of the Diet and a full general election at all seriously. I’m not. Nothing revolutionary is coming out of this election. ‘Cos the results aren’t that dramatic. Despite what the media would have you believe.

All for now. Insufficient sleep and a rotten result in the World Cup last night (what awful refereeing!), and this is the best I can come up with for now. Additional thoughts from everyone else? Arudou Debito in Sapporo

Sunday Tangent: “A Growing Love for ‘Cool Japan'” by Gaijin Handler Akira Yamada (of MOFA)

Posted on July 11, 2010July 11, 2010 by Debito Arudou, Ph.D.

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Hi Blog. As a Sunday Tangent, here we have an essay from a GOJ gaijin handler doing what I call “turning a frown upside down” (I know — I do it myself enough.) He makes the case that a waning Japan is not so waning. It’s emerging as a carrier of “cool”, as in culturally-based “soft power”. Funny to see this screed appearing before a bunch of academics in an academic network, making all manner of hopeful assertions not grounded in much reliable evidence. It’s just trying to tell us how much the world in fact still “loves” Japan. Well, clearly the author does. Enjoy. Arudou Debito in Sapporo

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From: H-Japan Editor
Date: July 7, 2010 12:44:35 PM MDT
To: H-JAPAN@H-NET.MSU.EDU
Subject: H-JAPAN (E): AJISS-Commentary on “Cool Japan” by Akira Yamada
Reply-To: H-NET/KIAPS List for Japanese History
Courtesy of Peach

H-JAPAN
July 7, 2010

From: Japan Institute of International Affairs

Editor: Akio Watanabe
Editorial Board: Masashi Nishihara, Naoko Saiki, and Taizo Yakushiji
Online Publisher: Yoshiji Nogami

AJISS-Commentary No. 95
“A Growing Love for “Cool Japan”” by Akira Yamada

[Akira Yamada is Deputy Director General of International Cooperation Bureau & African Affairs Bureau, Ministry of Foreign Affairs, Japan.The views expressed in this piece are the author’s own and should not be attributed to The Association of Japanese Institutes of Strategic Studies.]

http://www.jiia.or.jp/en_commentary/201007/07-1.html

Japan may appear defensive on the economic and political fronts. Has the world lost interest in an aging Japan whose economy will fall to third largest? There is, however, a side of Japan that is the object of ever stronger and deeper affection around the globe: Japanese popular culture, particularly anime (Japanese animation) and manga.

It will be no exaggeration to say that the world’s interest in and admiration for Japanese pop culture has grown dramatically in the first decade of the 21st century, thanks partly to the global spread of the Internet. This fact, however, is not well known around the world, even in Japan. Not many of the readers of the AJISS-Commentary, either Japanese or non-Japanese, likely have a clear understanding of the whole picture.

Although the exact number is unknown, there may be well over 100 events annually organized around the world featuring Japanese pop culture, anime and manga in particular, and attracting more than 10,000 participants. If events with several hundred or thousand participants are included, the number would be countless. Events focusing on Japanese pop culture are growing continuously both in numbers and in size. The largest event of this kind, “Japan Expo” held annually in Paris since 2000, brought in a record 164,000 participants in 2009. It is said that Brazil had several events with more than 100,000 participants.

These events feature not only pop culture such as anime, manga and fashion, but almost all aspects of Japanese culture, including traditional culture. They are basically organized and attended by local people alone with no Japanese involvement. When asked, these young participants will happily tell you about their passion for and keen interest in the excellent manga works and unique fashion produced in Japan. They are devoted Japanophiles who express their wish to visit Japan and their passion to learn and disseminate the Japanese language and culture. Their interest in Japan goes far beyond the scope of pop culture. There is no doubt that the largest factor motivating foreigners to learn the Japanese language today is the appeal of Japanese anime and manga. It should also be added that there is an ever growing interest in Japanese girls’ fashion, which revolves around the keyword kawaii (cute).

Such keen interest in Japanese pop culture is being exhibited not just in developed or neighboring countries, in which we can assume people have easy access to relevant information. Young people expressing their love for Japanese anime and manga are growing in number in Saudi Arabia and other countries in the Middle East as well as in the Mekong region, including Myanmar and Laos.

Why do Japanese anime and manga attract so many young people around the world? This is a difficult question, but one possible answer is their diversity and universality. Born out of long and fierce competition, the work of Japanese pop culture artists has acquired an appeal not only for children but also for full-grown adults.

The popularity of Japanese anime and manga goes far beyond what one might imagine. There was one occasion on which a Japanese expert was set aback when he gave a lecture in Italy. When he asked the audience whether they liked Japanese anime, a student from Rome responded in a matter-of-fact way, “Professor, we have grown up with Japanese anime!” In the world of the Internet, you can sense that people around the world are connected via their love and passion for Japanese pop culture. A country that moves and excites young people around the world with its continuous production of high-quality anime, manga and fashion – that is what Cool Japan is.

****************
AJISS-Commentary is an occasional op-ed type publication of The Association of Japanese Institutes of Strategic Studies (AJISS) consisting of three leading Japanese think tanks: Institute for International Policy Studies (IIPS), The Japan Institute of International Affairs (JIIA), and Research Institute for Peace and Security (RIPS).

http://www.jiia.or.jp/en/commentary/

ENDS

Japan Times JUST BE CAUSE column July 6, 2010: “Japan’s hostile hosteling industry”: how government agencies want NJ tourists yet are accessories to excluding them

Posted on July 7, 2010October 28, 2010 by Debito Arudou, Ph.D.

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The Japan Times, Tuesday, July 6, 2010
JUST BE CAUSE
Japan’s hostile hosteling industry
By DEBITO ARUDOU
Draft eleven with links to sources and alternate conclusion
Online version at http://search.japantimes.co.jp/cgi-bin/fl20100706ad.html

As you may know, Japan has no national civil or criminal legislation outlawing and punishing racial discrimination, meaning businesses with “Japanese only” signs aren’t doing anything illegal.

Problem is, I’m not sure it would matter if such a law existed.

To illustrate, consider one business sector that — technically — cannot exclude customers by race or nationality: hotels. Article 5 of Japan’s Hotel Management Law (ryokan gyoho, or HML) says that licensed accommodations cannot refuse service unless 1) rooms are full, 2) there is a threat of contagious disease, or 3) there is a issue of “public morals” (as in shooting porno movies there, etc.).

SOURCE: https://www.debito.org/whattodoif.html#refusedhotel

However, as discussed here last week (“No need to know the law, but you must obey it,” Zeit Gist, June 29), the law in Japan can be a mere technicality.

The HML is frequently ignored. Quick online searches (try Rakuten or Jalan) soon uncover hotels either outright refusing non-Japanese (NJ) lodgers, or, more circumspectly, those that say, “We don’t take reservations from NJ without addresses in Japan” (which is still unlawful).

SOURCE: Jalan: (recently amended to say “NJ without domestic contact addresses” refused)

Rakuten: (now amended to say “no bookings from overseas”)

Still excluding: http://travel.rakuten.co.jp/HOTEL/18497/18497_std.html

When I call these hotels and ask why they feel the need to exclude (it’s my hobby), their justifications range from the unprofessional to the cowardly.

Most claim they can’t provide sufficient service in English (as if that’s all that NJ can speak), so naturally it follows that they won’t provide NJ with any service at all. Or they say they have no Western-style beds (I wonder if they worry about people using chopsticks too?).

More clever managers claim “safety” (the trump card in Japanese culture), as in: “In case of an emergency, how can we communicate with NJ effectively to get them out of a burning building?” (When I ask how they would deal with blind or deaf Japanese customers, they become markedly less clever.)

The nasty managers hiss that NJ steal hotel goods or cause trouble for other guests, thus making it a crime issue. (After all, Japanese guests never get drunk and rowdy, or “permanently borrow” hotel amenities themselves, right?)

This attitude in Japanese hotels is surprisingly widespread. According to a 2008 government survey, 27 percent of them said they didn’t want any NJ customers at all.

SOURCE: https://www.debito.org/?p=1940

Some might claim this is no big deal. After all, you could go someplace else, and why stay at a place that doesn’t want you there anyway? At least one columnist might claim that culturally insensitive NJ deserve to be excluded because some of them have been bad guests.

Fortunately, these apologist fringe opinions do limited damage. However, when a government agency allows — even promotes — the systematic exclusion of NJ clients, we have a real problem with the rule of law in Japan.

Consider the curious case of the Fukushima Prefectural Tourist Association ( www.tif.ne.jp ). In September 2007, I was notified that their English site was offering member hotels two preset options for “acceptance of foreigners” and “admittance of foreigners” (whatever that difference may be). Of the 142 hotels then listed, 35 chose not to accept or admit NJ customers.

SOURCE: https://www.debito.org/?p=1941

I contacted FPTA and asked about the unlawfulness. A month later their reply was they had advised all 35 hotels that they really, really oughta stop that — although not all of them would. For its part, FPTA said it would remove the site’s “confusing” preset options, but it could not force hotels to repeal their exclusionary rules — FPTA is not a law enforcement agency, y’know. I asked if FPTA would at least delist those hotels, and got the standard “we’ll take it under advisement.”

Case closed. Or so I thought. I was doing some followup research last December and discovered that even after two years, FPTA still had the option to exclude on their Japanese Web site. And now nine times more hotels — 318 — were advertised as refusing NJ (gaikokujin no ukeire: fuka).

SOURCE: https://www.debito.org/?p=5619

I put the issue up on Debito.org, and several concerned readers immediately contacted FPTA to advise them their wording was offensive and unlawful. Within hours, FPTA amended it to “no foreign language service available” (gaikokugo taio: fuka).

This sounds like progress, but the mystery remains: Why didn’t FPTA come up with this wording in Japanese on its own?

Moreover, unlike the Japanese site, FPTA’s English site had stopped advertising that NJ were being refused at all. So instead of fixing the problem, FPTA made it invisible for NJ who can’t read Japanese.

Furthermore, when researching this article last month, I discovered FPTA had revamped its site to make it more multilingual (with Korean and two Chinese dialects, as well as English). However, the multilingual site buttons for searching accommodations led to dead links (the Japanese links, however, worked just fine).

On May 24, a Mr. Azuma, head of FPTA’s Tourism Department, told me it was taking a while to reword things properly. I asked if the past two years plus six months was insufficient. Miraculously, in time for this article, the foreign-language links are now fixed, and no more excluders can be found on the site.

However, the underlying problem has still not been fixed. Another NJ recently alerted me to the fact that the only hotel in Futaba town, Fukushima Prefecture, refused him entry on May 2. He had made the mistake of going up alone to the front desk and asking in Japanese if he could have a room. Management claimed none were available.

Suspicious, he walked outside and had his Japanese wife phone the hotel from the parking lot. Presto! A twin room was procured. She walked in, got the key, and all was sparkly.

When I phoned the hotel myself to confirm this story, the manager claimed that a room had just happened to open up right after my friend left. Amazing what coincidences happen, especially when this hotel — also featured on the FPTA Web site — advertises that they “can’t offer services in foreign languages” (or, it seems, even if a foreigner speaks a nonforeign language).

SOURCES: here and here

Let’s connect some dots: We have public policies working at cross-purposes. The Ministry of Land, Infrastructure, Transport and Tourism wants more NJ to visit and pump money into our economy, with Japan relaxing visa requirements for mainland Chinese tourists as of July 1. Yet the Ministry of Justice and other law enforcement agencies just want to keep policing NJ, and that includes deputizing hotels. This is why since 2005 they’ve been demanding hotels photocopy all NJ passports at check-in — again, unlawful (Zeit Gists, Mar. 8 and Oct. 18, 2005).

Of course, this assumes that anyone pays attention to the laws at all.

Japan’s lack of legal support for hapless NJ tourists (not to mention residents) — who face unfettered exclusionism precisely where the HML says they shouldn’t — are thus finding local government bodies conspiring against them.

SOURCES: https://www.debito.org/japantimes030805.html
https://www.debito.org/japantimes101805.html

Brains cooked yet? Now get a load of this:

As of June 1, the Toyoko Inn chain, already saddled with a history of poor treatment of NJ and handicapped customers, opened up a “Chinese only” hotel in Sapporo. When I called there to confirm, the cheery clerk said yes, only Chinese could stay there. Other NJ — and even Japanese — would be refused reservations!

I asked if this wasn’t of questionable legality. She laughed and said, “It probably is.” But she wasn’t calling it out. Nor was anyone else. Several articles appeared in the Japanese media about this “exclusively Chinese hotel,” and none of them raised any qualms about the legal precedents being set.

SOURCES: Toyoko’s history: https://www.debito.org/olafongaijincarding.html
and https://www.debito.org/?p=797
and http://search.japantimes.co.jp/cgi-bin/nn20060128a1.html
Sapporo Chinese Only: https://www.debito.org/?p=6864

So what’s next? More hotels segregated by nationality? Separate floors within hotels reserved for Chinese, Japanese and garden-variety gaijin? What happens to guests with international marriages and multiethnic families? Are we witnessing the Balkanization of Japan’s hosteling industry?

SOURCE: http://www.google.com/hostednews/ap/article/ALeqM5hbo1xSifyRFYI3LW95Zfu_4u-drwD9GKOE8G0

Folks, it’s not difficult to resolve this situation. Follow the rule of law. You find a hotel violating the HML, you suspend its operating license until they stop, like the Kumamoto prefectural government did in 2004 to a hotel excluding former Hansen’s disease patients.

SOURCE: http://search.japantimes.co.jp/cgi-bin/nn20040217a3.html

Oh wait — the ex-Hansen’s patients were Japanese, so they deserve to have their legal rights protected. It sucks to be NJ: The laws, such as they are, don’t apply to you anyway — if they are applied at all. Yokoso Japan.

ALTERNATIVE CONCLUSION (not chosen):

Oh wait — the ex-Hansen’s patients were Japanese, so they deserve to have their legal rights protected.

Sucks to be NJ: Let NJ in our orderly society, and they cause so much confusion that people don’t even feel the need to obey the law anymore. Now that even Japanese are being excluded, no doubt NJ will be blamed for disrupting the “wa” once again. Yōkoso Japan.

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

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

Posted on July 6, 2010July 6, 2010 by Debito Arudou, Ph.D.

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Hi Blog. First the articles, then my comments:

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27 foreign trainees died in Japan in FY 2009
Japan Today/Kyodo News Tuesday 06th July 2010, 06:44 AM JST, Courtesy of Yokohama John
http://www.japantoday.com/category/national/view/27-foreign-trainees-died-in-japan-in-fy-2009

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

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

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

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

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

Now for the second article (excerpt):

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

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

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

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

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

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

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

Sunday Tangent: CNN: Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion

Posted on July 4, 2010July 4, 2010 by Debito Arudou, Ph.D.

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Hi Blog. For a Sunday Tangent, here is a hard-hitting article (thanks CNN) showing how activism against a corrupt but entrenched system gets treated: Detention and interrogation of activists, possible sentencing under criminal law, and international bodies turning a blind eye to their own mandate. Lucky for the author (and us) he is out on bail so he could write this. He wouldn’t be bailed if he were NJ. More on the IWC’s corruption in documentary The Cove — yet another reason why the bully boys who target people’s families (yet don’t get arrested for their “activism”) don’t want you to see it. Arudou Debito in Sapporo

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IWC’s shame: Japan’s whale slaughter
By Junichi Sato, Special to CNN
CNN.com June 25, 2010 courtesy of SS
http://edition.cnn.com/2010/OPINION/06/24/sato.iwc.whales/?fbid=c0Tcz4-EM8-

STORY HIGHLIGHTS
Junichi Sato, colleague face charges after finding corruption in Japan’s whaling industry
Sato: He and Toru Suzuki were held, questioned, often taped to chairs, for 23 days
Sato says Japan uses guise of “scientific research” to slaughter whales
Sato: As IWC does nothing, Iceland, Norway and Japan kill 30,000 whales
Editor’s note: Junichi Sato is the Greenpeace Japan program director, overseeing advocacy efforts for the international environmental organization’s Japanese branch.

(CNN) — After just two days of closed-door negotiations, the leaders who had gathered at the International Whaling Commission in Agadir, Morocco, announced no agreement was reached on the IWC chair’s proposal to improve whale conservation.

Greenpeace did not support the proposal, but we had hoped governments would change it to become an agreement to end whaling, not a recipe for continuing it.

It is particularly disappointing to me, because my professional commitment to end the whale hunt in my country of Japan — which led to the exposure of an embezzlement scandal at the heart of the whaling industry — has come at significant personal cost.

The investigation I conducted with my colleague, Toru Suzuki, led to our arrests in front of banks of media outlets who had been told about it in advance.

The homes of Greenpeace office and staff members were raided. Seventy-five police officers were deployed to handcuff two peaceful activists. We were held without charge for 23 days; questioned for up to 10 hours a day while tied to chairs and without a lawyer present. We are now out on bail awaiting verdict and sentencing, expected in early September.

If I can risk my future to bring the fraudulent Japanese hunt to an end, if whaling whistle-blowers are prepared to risk their lives to expose the corruption, how can it be that the IWC has yet again failed to take the political risk to pressure my government to end the scientific whaling sham?

Since the IWC’s moratorium on commercial whaling came into force in 1986, Japan has continued to hunt whales under the guise of “scientific research,” making a mockery of the moratorium. By claiming that slaughtering thousands of whales, in waters designated a whale sanctuary no less, is a scientific experiment needed to understand whales, Japan has violated the spirit and intention of the moratorium as well as the Southern Ocean Whaling Sanctuary.

Iceland and Norway have simply ignored the moratorium. Those two nations, together with Japan, have killed more than 30,000 whales since then. I have always opposed my country’s hunt, which is why I decided to join Greenpeace. While it may be an emotionally charged political issue outside Japan, domestically it barely causes a political ripple. In 2006, Greenpeace decided to focus the bulk of its anti-whaling campaign in Japan to bring the issue home.

Wholly funded by Japanese taxpayers, the whaling program has produced no peer-reviewed scientific research and has been repeatedly told by the IWC that the so-called research is not needed or wanted. All it has produced is a massive bill for the taxpayers and tons of surplus whale meat that the Japanese public does not want to eat. It has also produced endless rumors and allegations of corruption and mismanagement.

Two years ago, following a tip from three former whalers turned whistle-blowers, my colleagues at Greenpeace Japan and I began a public interest investigation and discovered that indeed, corruption runs deep.

All three whalers claimed that whale meat was routinely embezzled, with the full knowledge of government and whaling fleet operator officials. Greenpeace eventually intercepted one of nearly 100 suspicious boxes coming off the ships.

Although its contents were labeled as cardboard, 23.5 kilograms of prime whale meat were inside, destined for a private address.

On May 15, 2008, we handed over the box to the authorities, with additional evidence of the crime. Initially the Tokyo district prosecutor began to investigate. But we were eventually charged with trespass and theft of the whale meat, valued at nearly 60,000 yen (about $550 at the time). We face from 18 months up to 10 years in jail for exposing the truth behind an industry that is financially, morally and scientifically bankrupt.

The U.N.’s Human Rights Council on Arbitary Detention has ruled that our human rights have been breached and the prosecution is politically motivated. The U.N. High Commissioner for Human Rights has expressed her concern about our case. Amnesty International, Transparency International, two Nobel Peace Prize laureates, countless international legal experts, politicians and more than half a million individuals have raised their voices in opposition to the prosecution.

We will be tried and sentenced in September, more than two years after we first exposed the corruption. But the scandal does not end there. Just last week, more allegations emerged that Japan engages in vote-buying and bribery to keep its whaling fleet in the water.
But the truth is that Japan’s whaling program relies on secrecy and corruption to stay afloat.

And yet, the IWC continues to close its doors and ears to the reality of Japan’s commercial whaling. I came to Morocco in the hope that this, the International Year of Biodiversity, could mean an end to all commercial whaling, but I leave knowing that governments are only interested in taking strong public positions on whales but not in taking action to save them, not even behind closed doors.

Mine and Toru’s political prosecution is a clear sign that Japan has no intention of easily letting go of its debt-ridden whaling program. There are too many vested interests inside the government. That is not surprising. What is more disappointing is that those vested interests have gone unchallenged by the IWC, the body set up to conserve whales.

It may be surprising that in this day and age, and given the huge public interest in the issue, conversations about saving whales are held in secret. But the truth is that Japan’s whaling program relies on secrecy and corruption to stay afloat.

After two years of negotiations, this year’s meeting could have been an opportunity for the IWC to actually move forward and end the status quo. But its collective failure means that 24 years after the establishment of the moratorium on commercial whaling, Japan, Iceland and Norway will continue again to hunt whales with impunity.

I challenge the commission to throw open its doors and shine a spotlight on the corruption that is so evident, investigate all the allegations affecting the IWC that have been laid clearly before it on numerous occasions and realize that it is not only Japan’s international reputation that has been tainted by the failure in Agadir.

The opinions expressed in this commentary are solely those of Junichi Sato.

ENDS

Japan Times’ Colin Jones on Japanese enforcement of vague laws: “No need to know the law, but you must obey it”

Posted on June 30, 2010June 30, 2010 by Debito Arudou, Ph.D.

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Hi Blog. In one of the best articles I’ve ever read in the Japanese media, here we have legal scholar Colin Jones finally connecting the metadots, laying bare how things work in Japanese jurisprudence and law enforcement. It’s an excellent explanation of just how powerful the police are in Japanese society. God bless the Japan Times for being there as an available forum (I can’t imagine any other English-language paper in Japan publishing this) for this research. Arudou Debito in Sapporo

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The Japan Times Tuesday, June 29, 2010
THE ZEIT GIST
No need to know the law, but you must obey it
Colin P.A. Jones tells us why it’s hard to get clear answers when dealing with Japan’s legal system (excerpt)
http://search.japantimes.co.jp/cgi-bin/fl20100629zg.html
By COLIN P.A. JONES (excerpt) courtesy of the author and John in Yokohama

A few months ago I met with some Western diplomats who were looking for information about Japanese law — in particular, an answer to the question, “Is parental child abduction a crime?” As international child abduction has become an increasingly sore point between Japan and other countries, foreign envoys have been making concerted efforts to understand the issue from the Japanese side. Having been told repeatedly by their Japanese counterparts that it is not a crime, some diplomats may be confused by recent cases of non-Japanese parents being arrested, even convicted for “kidnapping” their own children. I don’t think I helped much, since my contribution was something along the lines of “Well, it probably depends on whether the authorities need it to be a crime.”

Of course, the very question “Is x a crime?” reflects a fairly Western view of the law as a well-defined set of rules, the parameters of which people can know in advance in order to conduct themselves accordingly. However, there is a Confucian saying that is sometimes interpreted as “The people do not need to know the law, but they should be made to obey it.” This adage was a watchword of the Tokugawa Shogunate, whose philosophy of government was based in part on neo-Confucian principles.

It is also a saying that could provide some insights into why it sometimes seems difficult to get a clear answer about what exactly the law is in modern Japan. I am not suggesting that Japanese police and prosecutors have Confucian platitudes hanging framed over their desks, but knowing the law is a source of power. Being able to say what the law means is an even greater one, particularly if you can do so without being challenged. In a way, clearly defined criminal laws bind authority as much as they bind the people, by limiting the situations in which authorities can act. Since law enforcement in Japan often seems directed primarily at “keeping the peace,” laws that are flexible are more likely to serve this goal…

Rest at http://search.japantimes.co.jp/cgi-bin/fl20100629zg.html
ENDS

Metropolis Mag has thoughtful article regarding the convoluted debate for NJ PR suffrage

Posted on June 23, 2010June 23, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Andy Sharp in Metropolis Magazine offers up a very well researched touchstone article on the debate re NJ Permanent Residents getting suffrage, unearthing more arguments and attitudes behind those who support and oppose it. Love the quote from the former cop (Sassa) who mistrusts NJ, but of course makes an exception (typical) for the NJ interviewer in the room (‘cos he’s White and from a developed country). I myself don’t see the DPJ expending more political capital on the NJ PR suffrage issue anytime soon. But let’s see how the upcoming election treats the Kan Cabinet. I have already heard from a friend in politics that the below-mentioned far-right People’s New Party is awash in enough cash that they’re attracting a few underfunded candidates ready to make Faustian bargains. Arudou Debito in Sapporo

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DISENFRANCHISED
Japan weighs up whether to give foreign residents the vote
Metropolis Magazine By: Andy Sharp | Jun 17, 2010 | Issue: 847 Courtesy of lots of people.
http://metropolis.co.jp/features/feature/disenfranchised/

“The Chinese coming to Japan now were educated during the rule of Jiang Zemin. Their ideology is not welcome in Japan. We want more foreigners like you—Americans and Britons—to come here.”

Atsuyuki Sassa, 79, makes no bones about what type of gaikokujin he’d prefer to see living and working in his native country. The former secretary general of the Security Council of Japan is up in arms about recent moves to allow the nearly 1 million permanent residents here to vote in local elections. In April, he organized a “10,000 People Rally” at the Nippon Budokan to bring together opponents of the plan, with keynote speeches by the likes of People’s New Party leader Shizuka Kamei and Your Party chief Yoshimi Watanabe.

“If Chinese could vote in local elections, they wouldn’t vote for [candidates] who criticize China or North Korea,” he says. “What could happen if this type of person were granted the vote?”

The debate over foreign suffrage has rolled on for decades, but it was reignited last summer when the Democratic Party of Japan—a longtime champion of the issue—ousted the ruling Liberal Democrat Party from power. However, with the DPJ itself split over the subject, is there any hope of permanent residents ever getting the vote—local or otherwise?

Forty-five countries—about one in every four democracies—offer some sort of voting rights for resident aliens, according to David Earnest, author of Old Nations, New Voters, an extensive study of why democracies grant suffrage to noncitizens. These range from first-world powers such as the United States, Canada, the UK and other European Union members, to less preeminent nations like Malawi and Belize.

The type of voting rights differ from country to country: the UK permits resident Commonwealth citizens to vote in national and local elections; New Zealand allows foreigners who have lived there for more than a year to vote in parliamentary polls; Sweden, the Netherlands and Norway grant all foreign residents the vote in local polls, but not in national elections; and Portugal offers a hybrid that lets EU nationals vote only in local elections, but gives full enfranchisement in parliamentary elections to Brazilians.

Earnest explains that the consequences of granting local suffrage to foreigners are not yet entirely clear, seeing as how it is a relatively recent phenomenon. However, he gives four benefits that are typically cited by advocates: it encourages foreign residents to naturalize; it leads to better government; it’s an opportunity for “brain gain” rather than “brain drain”; and it makes for a more just society.

On the other hand, there are two core arguments for refusing to enfranchise alien residents. “By far and away, the most common reason is that governments or courts conclude that, as a constitutional or legal matter, the right to vote is reserved exclusively for citizens,” he says. “Another reason is that governments and citizens alike object to discrimination in voting rights. Canada and Australia once allowed British nationals to vote in parliamentary elections, but have since revoked this right. In both cases, the governments concluded that it was unfair to favor one group over other similar foreign residents.”

According to Earnest, critics argue that extending voting rights to foreigners can devalue the institution of citizenship and discourage naturalization. They also say it can marginalize as much as integrate foreign residents, because governments may use it as a substitute for naturalization, assuring permanent populations of foreigners with no prospect of becoming citizens.

According to the most recent Ministry of Justice figures, 912,361 of the approximately 2.22 million foreigners living in Japan are permanent residents. These eijusha are divided into two categories—a classification that has muddied the waters of the suffrage issue.

Nearly half of them (420,305) are considered tokubetsu eijusha, “special permanent residents” who hail mostly from the Korean Peninsula and have additional privileges in relation to immigration matters. The remaining 492,056 “ordinary” eijusha come from 190 different countries, the largest populations being Chinese (142,469), Brazilian (110,267), Filipino (75,806) and Korean (53,106). The Western country with the most permanent residents in Japan is the United States, with 11,814.

Granting local suffrage to these residents has long been a pet policy of DPJ pooh-bah Ichiro Ozawa, and was supported by former Prime Minister Yukio Hatoyama. However, like many of the pledges that the party made prior to its election victory last year, it remains unfulfilled. The government has procrastinated over the issue as it became bogged down by funding scandals and the Futenma base controversy, which spun Hatoyama off the prime-ministerial kaiten-zushi belt and toppled Ozawa from his secretary general perch. New PM Naoto Kan also backs foreign suffrage, but it’s unclear whether he will make it a top priority.

Other parties are divided on the subject. The leftist Social Democratic Party and the Japanese Communist Party are joined by New Komeito in their support of foreign suffrage, while the right-leaning Liberal Democratic Party, People’s New Party (a member of the DPJ-led coalition) and Your Party are opposed.

The liberal-conservative split is also evident in the media. The Asahi Shimbun is in favor, while the Sankei and Yomiuri have slammed the idea, the latter stating in an editorial last October: “It is not unfathomable that permanent foreign residents who are nationals of countries hostile to Japan could disrupt or undermine local governments’ cooperation with the central government by wielding influence through voting in local elections.”

Yet the public seems to approve of opening polling stations to these “lifers.” Surveys conducted by the Asahi in January and the Mainichi last November found that 60 and 59 percent of respondents, respectively, supported foreign suffrage in local elections—turnout for which tends to hover around the 40 percent mark.

This August will mark the 100th anniversary of Japan’s annexation of Korea, an event which understandably has enormous resonance with the Korean diaspora living here today. Zainichi Koreans who were forcibly brought to Japan for work had been able to vote in local elections until they lost this entitlement in December 1945 (which was, ironically, the same month in which women were first given the vote).

Since its establishment in 1946, the Korean Residents Union in Japan (Mindan) has repeatedly urged the government to restore local suffrage to zainichi. The pro-Seoul organization (which is distinct from the Pyongyang-affiliated Chongryon) stepped up its campaign in the ’70s through increased activism by second-generation zainichi.

“We were born in Japan,” says Seo Won Cheol, secretary-general of a Mindan taskforce on foreign suffrage. “All our friends were Japanese, yet we couldn’t become teachers [or] local civil servants, nor could we take out loans or buy homes. We started [campaigning] because of this prejudice based purely on our nationality.”

Mindan has continued to push for enfranchisement of all permanent residents over the years, filing a number of lawsuits—one of which led to a historical ruling. In 1995, the Supreme Court concluded that aliens with permanent residency have the constitutional right to vote in local elections, because local government is closely linked to the daily lives of residents.

Reenergized, the DPJ and Komeito submitted a bill to the Diet advocating foreign suffrage, prior to a visit by South Korean President Kim Dae-jung in 1998. Similar bills have been presented on several other occasions since, but successive LDP-led governments have bounced them all out of parliament.

The South Korean government’s decision in 2005 to open ballot boxes to permanent residents in local elections gave proponents fresh hope, as did the change of government last summer. But Seo, a second-generation zainichi, frets over the DPJ’s procrastination.

“It’s unlikely [a bill] will be submitted before the upper house election in July, but depending on where it lies on Kan’s list of priorities, it may or may not be put to the Diet during an extraordinary Diet session starting in September,” the 58-year-old says. “The resignations of Ozawa and Hatoyama are a blow, but Kan has long been a supporter and we’ll have to wait and see what develops.”

Opponents often argue that foreigners should become Japanese citizens if they want to vote, but permanent residents can be reluctant to relinquish their nationality for reasons of culture and identity—especially zainichi, many of whom were forced migrants or their descendents. “The Supreme Court’s 1995 ruling showed we were entitled to vote at the local level without naturalizing,” says Seo.

Supporters of foreign suffrage aren’t the only ones who were galvanized by the DPJ’s election victory. There has also been a surge in activity by rightists, one of whom was so incensed that he stormed into the DPJ headquarters brandishing a wooden sword and smashed up a computer in Hatoyama’s empty office last October.

Sassa, who was decorated as a Commander of the British Empire for arranging security for Queen Elizabeth II’s visit here in 1975, takes a more conventional stance.

“I’m not prejudiced against foreigners, but the law states that foreigners must not take part in election campaigns,” he says. “The Constitution states that only Japanese citizens may vote.

“Foreigners should nationalize if they have money and speak the language. I do think, however, that [this process] takes many years and the conditions should be relaxed.”

Sassa has bitter memories of zainichi North Koreans from his days as a top brass in the Metropolitan Police Department. He fears that enfranchising pro-Pyongyang Koreans could lead to a repeat of the violent attacks against his constabulary peers during communist-led demonstrations in the ’50s, ’60s and ’70s.

“If we granted them suffrage, many police officers would have to put their bodies on the line, and so from a security perspective, there is no way that I could agree with the enfranchisement [of North Koreans],” he says. “We’d have to clamp down on some, but grant the vote to people of other nationalities. This is contradictory.”

Sassa also argues that foreign suffrage in local elections could have repercussions at a national level, if residents of prefectures that administer disputed territories were coerced by their respective governments to vote for particular candidates.

Kazuhiro Nagao, a professor of constitutional law at Chuo University, explained how this might work in a March 1 Daily Yomiuri op-ed: “There are about 30,000 eligible voters in Tsushima city, and a candidate can win in the city council election with at least 685 votes. If foreign residents are granted voting rights, those candidates who regard Tsushima Island as a South Korean territory can win in the election.”

While opponents and advocates seem to be interpreting the law to suit their own beliefs, Earnest sees the zainichi situation as unique, and argues that the suffrage issue raises important ethical questions.

“Japan’s special permanent residents did not choose to migrate to Japan,” he says. “No doubt there was some forced migration among the former European colonial powers and their overseas possessions, but Japan’s forced migration is more recent. What obligation does Japan have to permanent foreign residents?

“Japan may offer a case where two wrongs make a right,” he continues. “While one might normally object to discrimination in the granting of voting rights, in this case, one might justify special rights for Japan’s special permanent residents as the country’s commitment to redress an historical injustice.”

While such a solution could appease zainichi, however, the majority of permanent residents would remain disenfranchised. This is unlikely to placate the likes of Shayne Bowden, an Australian teacher and musician who is a permanent resident living in Fukuoka.

“I’ve been here 11 years,” he says. “I should be able to have a say in the politics of my community. We pay our share and contribute to the place we live. This should justify our right to vote.”
ENDS

Canada spending even more than Japan this time on G8/G20 summits. However, controversy ensues.

Posted on June 22, 2010June 22, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Let’s see how a vetting media works. Investigating journalists uncover money being wasted and tell the public about it. Few apparent fears in the domestic media about spoiling the party for our international guests. And no apparent trampling on civil liberties.

Should happen in Japan too, as we have freedom of the press. But no, check out what happened the last two times Japan hosted G8 Summits (here and here).

I think it’s about time we stopped this corrupt nonsense in the guise of international summetry. It’s like holding an Olympics every year in a sparkling new venue, except nobody can attend but government elites. Pigs at the trough. Arudou Debito in Sapporo

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Canadian summitry
A loonie boondoggle
Ostentation in a time of austerity
Jun 17th 2010 | OTTAWA
http://www.economist.com/node/16377317

FOR all his gifts as a political tactician, Stephen Harper, Canada’s Conservative prime minister, may have miscalculated how much Canadians want to pay to host the G8 and G20 summits from June 25th to 27th. As the government struggles to close a large budget deficit, it is spending C$1.2 billion ($1.2 billion) to host the world’s leaders—60% more than Japan, the previous record holder, coughed up for the G8 gathering in Okinawa in 2000.

Mr Harper points out that Canada is holding back-to-back summits—doubling the cost, he says. The government also notes that it can hardly be blamed for providing airtight security. It has built a steel fence around the woodland cottage resort at Muskoka that will receive the G8, and deployed special forces on overtime to lurk in the water and surrounding forest.

But critics counter that Mr Harper could have saved money by inviting the G20 to Muskoka as well, rather than receiving them separately in Toronto, 200 km (125 miles) to the south. Moreover, they note that much of the budget has gone on items of dubious utility and taste. The prime minister has become the butt of jokes for commissioning an artificial lake, complete with mock canoes and recordings of the call of the loon, for the G20 summit’s media centre—which sits just yards from the real Lake Ontario. In Muskoka taxpayers are on the hook for a refurbished steamboat that won’t even float until the summit is over, and new outdoor toilets 20km from the meeting site. So much for small government.

ENDS

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Auditor ready to look at G20 security tab
Sun May 30, 9:45 PM
By The Canadian Press, Courtesy of MMT
http://ca.news.yahoo.com/s/capress/100530/national/g20_security_audit

OTTAWA – Auditor General Sheila Fraser is ready to look at the huge security costs for the G8 and G20 summit meetings next month.

”Once the events have occurred and the spending has occurred we can look to see if it was done appropriately,” she told CTV’s Question Period on Sunday.

The billion-dollar tab for security prompted angry clashes in the House of Commons last week, with Public Safety Minister Vic Toews staunchly defending the costs.

”It certainly seems like a lot of money,” Fraser said. ”I think we have to understand better what is it for.”

She said the audit would be routine.

”Given the amount of spending, it is something that we would normally look at in our financial work,” she said.

”I would expect that there are a lot of people involved in this,” she said. ”The costs of housing and overtime and equipment I’m sure are going to be substantial.

”We would have to look at what planning has gone on and was the spending really just for these events or not.”

Toews says he’s fine with an audit.

The G8 is slated for Huntsville, Ont. June 25-26 followed immediately by the G20 in Toronto.

Fraser also said she hasn’t heard formally that MPs and senators have changed their minds about letting her audit the half-billion parliamentary budget.

”I’ve had no communication from them since their letter indicating that they were refusing our request.”

The politicians, though, are saying she’s welcome to come in for an audit. They changed their tune after the public reacted angrily to the news they had turned down Fraser’s request to look at Parliament’s annual half-billion-dollar budget.

Fraser says if she does get a formal invitation, she won’t focus on the expenses of individual MPs and senators.

”What we had proposed was never an audit of MP expenses alone,” she said. ”That would have been part of a financial management audit, but we would also look potentially at issues like human resource management or security on the Hill, contracting, those sort of broader management issues.”

Her auditors would be more interested in procedures and policies.

”We would look to see what kind of rules and procedures and controls are in place,” she said.

”We would expect the House of Commons and the Senator to have good policies and procedures, that they be comprehensive and that they be communicated well. If that is the case, we would do spot checks to make sure that those policies are actually being followed.”

She said such an audit normally takes about a year, so if the invitation comes soon, she could have a report by the middle of 2011.

ENDS

Asahi has whiny article on how Chinese tourists don’t spend properly

Posted on June 19, 2010October 28, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Here’s something to kick the weekend off: A whiny article by the Asahi picking on Chinese tourist spending habits. It’s not that they don’t spend, oh no; it’s more that they don’t spend PROPERLY. They spend too much of their time SHOPPING! Heavens to Murgatroyd! I think Japan’s media in this economic climate should be happy that rich Chinese are coming here to spend at all (and not staying on to trouble Japanese society through illegal overstays); they’re already being sequestered in some places. But no, we’ll get the grumbles that they’re not getting out enough anyway. What would be the perfect tourist in Japanese media eyes, I wonder? What would be the perfect consumer, period? Dare anyone criticize the Japanese public for their underconsumption, then? Arudou Debito in Sapporo

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China tourists stingy in some areas
BY ETSUSHI TSURU THE ASAHI SHIMBUN
2010/06/16 Courtesy of Peach
http://www.asahi.com/english/TKY201006150338.html

Japanese businesses and local governments that have gone all out to win over the throngs of Chinese tourists are finding that their guests can be a frugal bunch at times.

The Chinese tourists have shown a tendency to scrimp on accommodations and meals and bypass tourist attractions for the main purpose of their trips–buying electronic appliances and designer brand clothing and accessories.

Industry officials said if Japan wants to truly capitalize on the roughly 480,000 Chinese who visit Japan each year, it will have to do much more to convince the tourists that there is more to Japan than just shopping.

“Many of the points of interest, meals and souvenirs that Japanese are promoting are of little interest to Chinese,” said Ke Yue, president of public relations company Japan-China Communication Co.

Ke said Japan’s strategy should include nurturing human resources to specialize in the needs of Chinese tourists, whose numbers show no signs of slowing down.

A fierce price war has erupted over tours to Japan, with the price of a five-night, six-day packaged trip being offered for as little as 4,000 yuan (about 53,000 yen or $577) to 5,000 yuan.

According to an executive at a Chinese tourist agency, companies are eking out profits by cutting costs for meals and accommodations.

As a result, 90 percent of the packaged group tours are handled by Chinese, Hong Kong or Taiwanese businesses because few Japanese tourist companies would be able to generate a profit.

In Kisarazu, Chiba Prefecture, located at one end of the Tokyo Bay Aqua-Line highway that spans Tokyo Bay, the number of Chinese who stayed overnight soared thirteenfold from 2,089 in 2005 to 26,162 in 2009.

The rise was attributed largely to the change in management at the Tokyo Bay Plaza Hotel in the city in 2006, when the current owner, a Japanese national originally from China, took over.

But the influx of tourists has not led to increased income for local businesses in the area.

According to Tokyo Bay Plaza Hotel staff, most Chinese simply use the hotel as a launch pad to travel across the bay and spend their money at stores in the Ginza and Akihabara districts of Tokyo.

The tourists’ shopping priorities are also reflected at the Taiyoro restaurant on the 47th floor of the Apa Hotel & Resort Tokyo Bay Makuhari in Chiba, which is usually packed with Chinese tourists on weekends.

“Ninety-five percent of our customers are group customers. Of them, 70 percent are Chinese,” said Akiharu Taiyoro, operator of the Taiyoro chain of restaurants. Taiyoro, a Shanghai native who became a naturalized Japanese in 2006, operates 10 restaurants in such tourist destinations as Tokyo and Osaka.

In 2009, more than 1.18 million people dined at Taiyoro’s buffet-style restaurants, which offer all-you-can-eat lunches for 1,500 yen, and dinners for 2,000 yen, plus free soft drinks, for two hours.

Tour groups accompanied by guides can receive a 30-percent discount.

Taiyoro said he visits China every other month to negotiate with travel agencies there.

“Chinese tourists come to Japan to shop, so they like to finish their meals quickly. The average tour group will spend about 45 minutes eating at our restaurant before a new group comes in. So it is a low-margin, high-turnover business, but it’s profitable,” he said.

In Fukuoka, where 66 cruise ships from China are scheduled to call port this year, city officials have estimated an economic windfall of 2.89 billion yen from the Chinese visitors.

But according to a travel agency official in the city, the cruise ships moor in Fukuoka for only about 10 hours, and most tourists are more interested in shopping than taking in the sights.

The central government has eased visa requirements for individual tourists and increased promotion campaigns to lure more Chinese tourists to Japan.

But experts say this may not be enough to spread the wealth.

“Japan must rush to create an environment that allows visitors to freely enjoy their visit,” said Du Guoqing, an associate professor of tourism at Rikkyo University.

Du, for example, pointed out that the inability to use Chinese driver’s licenses in Japan deprives the tourists of a chance to see much of the country.
ENDS

Guardian on benefits of immigration to UK, NW on GOJ’s history promoting anti-racism 90 years ago at League of Nations!

Posted on June 18, 2010 by Debito Arudou, Ph.D.

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Hi Blog. NW sent me two poignant articles some time ago. Sorry for the delay. Here they are. One is germane to the recent comments here about whether immigration offers economic benefits to societies (an article in The Guardian in 2007 citing a PriceWaterhouseCoopers study indicates that it has for the UK). Another is an evergreen letter to the editor (which went unpublished) about Japan’s historical record advocating anti-racism 90 years ago in the League of Nations. Arudou Debito in Sapporo

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Hi Debito. Two things for you to blog:

1. Merits of immigration
2. What should the GOJ give to make Japan more attractive for immigrants?

1. Merits of immigration

The UK experience – PricewaterhouseCoopers 2007 Report
Migrants have lifted economy, says study
· Influx of labour ‘has kept interest rates down’
· British-born workers have not been disadvantaged

Angela Balakrishnan, The Guardian, Tuesday 27 February 2007
http://www.guardian.co.uk/business/2007/feb/27/interestrates.workandcareers

The flow of migrant workers into the UK has boosted economic growth and helped keep a lid on inflation without undermining the jobs of British-born workers, according to a study released yesterday.

The report by accountancy firm PricewaterhouseCoopers enters a vigorous debate about whether immigration has a positive impact on the UK economy.

Britain was one of three nations that allowed free movement of labour after eight countries entered the EU in 2004, including Poland, Hungary, Slovakia and Estonia. Most of the migrants from all of these new EU countries – estimated at half a million – have moved to the UK, although evidence suggests half of them have since returned home.

PwC’s research found that the new arrivals had pushed growth above its long-term trend and helped keep inflationary pressures and interest rates lower by increasing the supply of labour relative to demand.

Average earnings growth has been relatively subdued recently, at just under 4% excluding bonuses, and PwC said migrant workers had contributed to this. This finding supports the view of Professor David Blanchflower of the Bank of England’s monetary policy committee, who has voted to keep interest rates on hold on the basis of slack in the labour market.

The Treasury has also increasingly focused on the impact of migration, citing expected net migration as a key reason for raising its estimate of future economic growth to 2.75% from 2.5% in last December’s pre-budget report.

The PwC report found that although migrant workers had increased the supply of labour in the UK, there had not been any adverse effects on the employment prospects of British-born workers. “[Migrant] workers tend to be relatively productive and have filled important skills gaps in the UK labour market rather than just displacing UK-born workers,” said John Hawksworth, chief economist at PwC.

The public finances have also not suffered as a result of the influx of migrant workers, the study finds. Most migrants are aged between 18 and 34 years, with high employment rates compared with their UK equivalents, and therefore benefit payments are low. They also receive comparatively low wages despite their good education and skills levels. Younger workers have fewer dependants and so are unlikely to be an additional burden on public services, the report says.

But Mr Hawksworth said the extra pressures on transport and housing might offset this slightly and should be taken into account in the forthcoming government spending review.

“Public spending projections do not appear to have been revised up in the pre-budget report to reflect higher future assumed migration, which suggests that on a per capita basis the squeeze on public spending growth pencilled in for the next spending review period may be even tighter than earlier projected,” he said.

The benefits highlighted by Mr Hawksworth contrast with comments from Richard Lambert, director-general of the CBI. The head of Britain’s leading employers’ organisation said last year that the government should be wary of introducing an open-door policy to new workers from Romania and Bulgaria, which joined the EU this year. Mr Lambert warned that depending on migrant labour could mean skill levels of UK citizens would not be raised sufficiently and could risk damaging social cohesion.

ENDS

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2. What should the GOJ give to make Japan more attractive for immigrants?

Give us the vote – below is an unpublished letter I submitted to the Japan Times in December 2009:

A Missed Anniversary

It seems an anniversary went unnoticed in 2009. Ninety years ago, in the aftermath of the blood-soaked trenches of the First World War, the ill-fated precursor of the United Nations, the League of Nations, was founded, with the hope of securing lasting peace. Established at the behest of the Paris Peace Conference, the League’s Covenant was signed by 44 states on 28 June 1919.

Discussions for what should be included in the Covenant were not without controversy, notably the following proposal: “The equality of nations being a basic principle of the League of Nations, the High Contracting Parties agree to accord, as soon as possible, to all alien nationals of states members of the League, equal and just treatment in every respect, making no distinction, either in law or fact, on account of their race or nationality.”

Unsurprisingly, Great Britain and its Dominions of Canada, Australia, South Africa and New Zealand saw the proposal as a threat to “white” colonial power and swiftly engineered its rejection – an act of superpower sabotage not unknown to today’s UN conferences.

Perhaps surprising, especially to letter writers whose advice to foreign residents with complaints about their lives here is to put up, shut up, or leave, is that the proposal was put forward by Japan’s Foreign Minister Nobuaki Makino.

What the League had failed to recognize, the United Nations General Assembly in 1948 declared in Article One of the Universal Declaration of Human Rights: “All human beings are created free and equal in dignity and rights.”

The League of Nations held its first council meeting January 1920. Ninety years on, perhaps we can look forward to Baron Makino’s plea being at last realized – for foreign residents in Japan to be accorded “equal and just treatment in every respect”. The right to vote would be a start.

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

All the best… NW

ENDS

Kansai Scene June 2010 article on issue of refugees and J Detention Centers (“Gaijin Tanks”)

Posted on June 15, 2010June 15, 2010 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s another interesting article from Kansai Scene magazine this month, this time on the issue of refugees and Detention Centers (“Gaijin Tanks”) in Japan. Have a read. Online at

http://www.kansaiscene.com/current/html/feature2.shtml

Arudou Debito in Sapporo

ENDS

Saturday Tangent: Kyodo: GOJ survey indicates 70% of J disabled feel discriminated against. Nice they, unlike NJ, even got asked.

Posted on June 12, 2010June 12, 2010 by Debito Arudou, Ph.D.

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Hi Blog. As a Saturday tangent, let me take up an interesting case of how a different minority that feels discriminated against in Japan gets surveyed and reported upon — positively, because they happen to be Japanese.

Consider this:

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Japan Times, Friday, June 11, 2010
Discrimination felt by 70% of disabled: report
Kyodo News, Courtesy of RC

Nearly seven out of every 10 people with disabilities said they have faced discrimination or biased treatment, an annual government report showed Friday.

The fiscal 2010 white paper on measures for disabled people, released by the Cabinet Office, says 68.0 percent of those surveyed said they have experienced discrimination or biased treatment because of their disabilities.

The office surveyed 2,178 people with disabilities between December 2009 and January 2010.

The report also says 11.4 percent of the respondents always feel they are discriminated against and 50.9 percent feel discrimination occurs sometimes.

The findings indicate many disabled people continue to be discriminated against at a time when Japan is considering ratifying the 2006 Convention on the Rights of Persons with Disabilities, officials said…

Rest of the article at:
http://search.japantimes.co.jp/cgi-bin/nn20100611x3.html

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COMMENT: Okay, I’m sure many if not most people with disabilities feel disadvantaged and discriminated against in Japan. Fine. This is not to minimize that.

However, look at how much positive spin they are given both in terms of survey and media coverage.

For example, look at the last sentence of the Kyodo excerpt above:

“The findings indicate many disabled people continue to be discriminated against at a time when Japan is considering ratifying the 2006 Convention on the Rights of Persons with Disabilities, officials said…”

No, the findings indicate many disabled people FEEL they continue to be discriminated against. Not that this indicates something factual, that they ARE. That is an important semantic distinction, but “officials” are citing this as a reason to ratify a treaty to protect them.

Fine. I’m all for it. But they’d never do that for NJ. The GOJ won’t even survey NJ in specific, or phrase the questions as if they are being discriminated against at all. Citing an article I wrote about two and a half years ago:

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Japan Times Community Page October 23, 2007

Human rights survey stinks
Government effort riddled with bias, bad science (excerpt)

… [Consider] how the remaining questions are phrased against foreigners.

For example, Q5 asked, “Which of the following human rights issues are you concerned about?”

Discrimination against “foreigners” came in 14th at 12.5%, behind “handicapped”, “elderly”, “children”, “Internet abuse victims”, “North Korean kidnap victims”, “women”, “crime victims”, “HIV sufferers”, “leprosy victims”, “homeless”, “Burakumin”, “ex-convicts”, and “human trafficking”.

Worthy causes in themselves, of course. But foreigners enjoying such low regard is unsurprising. The next series of questions deliberately diminish their stature in society and their right to equal treatment.

Q6 through Q19 asked for comment about “human rights problems”. Each question covered specific sectors of society, with conveniently leading options to choose from:

Women (choices of “human rights violations” included porno and scantily-clad women in advertising), children (including adults being overopinionated about their children’s activities), elderly (including lack of respect for their opinions), handicapped (including being stared at), Burakumin, HIV patients, crime victims, Internet victims, homeless, homosexuals, and Ainu.

Nice for the government to acknowledge (even overdo) several examples of discrimination. But in its two questions about discrimination against foreigners, no conveniently leading options are provided.

Instead, Q12 says, “It is said [sic] that foreigners living in Japan face discrimination in their daily lives”. Then asks if they deserve the same rights as Japanese.

Er… is there doubt about the existence of discrimination against foreigners in Japan? Even our courts have officially acknowledged it in several lawsuits–the Ana Bortz and the Otaru Onsens cases being but two famous examples.

And no similar question of doubt or qualification is raised towards any other group.

Q13 even kindly proffers possible justifications for foreigners’ “disadvantageous treatment”. Out of six choices, half say “nothing can be done” to improve things because a) “foreigners have trouble getting used to Japanese situations”, b) “differences in customs, culture, and economic standing” (which got the most votes, 33.7%). And–better sit down for this one–the tautological c) “because they are foreigners, they get disadvantageous treatment”.

When a human rights survey from even the highest levels of government allows for the possibility of human rights being optional (or worse yet, justifiably deniable based on nationality), we have a deep and profound problem.

Full article at https://www.debito.org/japantimes102307.html

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In sum, this to me is another example of the GOJ manufacturing consent to sway the public to accept a policy position. Fortunately, it’s for protecting people, not hurting them. But wouldn’t it be nice if the GOJ had somehow stepped in during all the nasty debates re NJ PR suffrage and curbed the hate speech, or even ask NJ sometime in a Cabinet Survey if THEY feel discriminated against? After all, we’ve already signed a Convention designed to protect them — nearly fifteen years ago in 1996, so there should be no disinclination. But no, NJ don’t deserve the same attention. After all, they aren’t Japanese. Arudou Debito in Sapporo

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

Posted on June 7, 2010June 7, 2010 by Debito Arudou, Ph.D.

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

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

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

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June 3, 2010, MB writes:

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

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

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

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

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

7) 不良外国人の排除
8) 暴力団の排除

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

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

ENDS

Japan Times satirical piece on Gunma Isesaki bureaucrat beard ban

Posted on June 4, 2010June 4, 2010 by Debito Arudou, Ph.D.

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

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Tuesday, June 1, 2010
THE ZEIT GIST
Gunma city does battle with beards
Local government’s hairy-chin ban sets example for nation
By JAY KLAPHAKE
http://search.japantimes.co.jp/cgi-bin/fl20100601zg.html

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

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

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

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

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

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

Mark in Yayoi comments on Futenma affair: grant Okinawa its independence from Japan!

Posted on June 3, 2010June 3, 2010 by Debito Arudou, Ph.D.

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Hi Blog. After yesterday’s events, I feel my column on former PM Hatoyama and Okinawa Futenma was probably the best-timed one I’ve ever done, unfortunately. That said, I left a big stone unturned in it (happens when you have less than 1000 words): How Okinawa has been abused by both sides — Japanese and American — and how they deserve their independence from forced dependence. Mark in Yayoi, a scholar of Okinawan languages and dying/extinct cultures, offered an excellent perspective this morning that shouldn’t be buried within another post. So here it is for independent discussion. Arudou Debito in Sapporo

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Mark In Yayoi Says:
June 2nd, 2010 at 11:56 pm
In context at https://www.debito.org/?p=6820#comment-196385

Debito, when reading your essay, I was surprised to find that I agreed with you, but for almost totally opposite reasons. I’m sure I’ll be torn to shreds by other posters, and again by the nationalist anti-Debito crowd on other blogs who might be reading this, but it needs to be said.

The American occupation of Okinawa, unjust as it might be, is a net benefit to the mainland Tokyo government, which gets protection while simultaneously pretending that it’s “Japan” bearing the burden when in fact it’s Okinawa that suffers — they’re the people putting up with the loud airplanes and unruly soldiers. And these people bearing the cost of the protection were never seen as equals by Tokyo — they were used as human shields in a hopeless defense of Japan in 1945, and used as tax-paying slaves in the decades before that.

The US bases need to leave, and Okinawa needs to be free. Not free from the US, and not free to be Japan’s 47th prefecture (both chronologically and on the status totem pole), but free to be its own independent nation.

Exactly what “sovereignty” can the Tokyo government legitimately claim over the people of Okinawa, if we’re trying to redress past wrongs?

In 1609, the Satsuma clan invaded Okinawa, forced the Shuri king to sign humiliating treaties, and taxed the people (first lightly, then very, very onerously) to the point that they were virtual slaves. By the 19th century, ordinary people in the Yaeyamas were forced to labor to the point where 86% of their productivity was siphoned off by the Satsuma, and local authorities were forcing pregnant women to abort their babies so that there would be fewer mouths to feed.

(See Toshiichi Sudo’s 1944 book 南島覚書 Nantou Oboegaki for exact figures on the taxes, and, if you don’t mind slogging through archaic Japanese, 南島探検 Nantou Tanken by Gisuke Sasamori 笹森儀助 for more info on the impoverished lives of Meiji-era Okinawans.)

The “head tax” continued until 1903 and monuments commemmorating its abolition still stand today.

The mainland rulers also treated Okinawans’ language with disrespect. Americans who refuse to learn the culture or language? They’re not half as bad as the mainlanders who came to Okinawa to administer the island before the war. Did they learn to speak Shuri (or any other Okinawan language)? Certainly not, and they even punished Okinawan children who had the audacity to speak their own languages rather than Japanese by making them wear big wooden “dialect tags” (hougen-fuda) around their necks.

And the Tokyo overlords did such a good job of eradicating the Okinawan languages that today you’re hard-pressed to find people who can still speak them.

So when it comes to oppressing Okinawans, the US military has nothing on the mainland Japanese.

Now, we can insist that the treatment of Okinawans by the mainland government before WWII is less relevant than how Tokyo has treated them since the reversion in 1972, and obviously the murderous taxes of rice and fabric and livestock have been dialed down quite a bit.

Still, the mainland government’s “have their cake and eat it too” position — whine about America being the big bad bully for domestic consumption while simultaneously accepting American protection from worse aggressors — needs to be addressed. As does the issue of what will happen with the bases when the US leaves. Surely Hatoyama wasn’t planning to just move the JSDF into all those fully-operational, ready-made installations, now was he?

I know that thia is pie-in-the-sky idealism, but what I really want to see is an independent Okinawa, with free-trade and free-entry agreements with Japan (and whatever countries they choose to deal with), and no national or consumption taxes paid to Tokyo whatsoever. At the very least, some kind of Hong Kong or Taiwan-like partial autonomy. I fervently hope that a solution can come about that respects not just the desires of residents near the bases, but also all those elderly folks who have been putting up with other disrespects and abuses since long before the first US base was built. The US is using those people, sure, but the Tokyo government has an even worse track record. An autonomous Okinawa is the only way.

ENDS

Tangent: Japan Times exposes dissent amidst scientist claims that eating dolphin is not dangerous

Posted on May 29, 2010May 30, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Putting this up because it’s an important story, and where else are you going to find an expose like this of something so politically hot within the domestic press? Good investigative journalism in the Japan Times regarding the Taiji dolphin culls (the subject of the award-winning movie The Cove), questioning the science behind the public policy of letting people eat unsafe food for political reasons.

It’s not the first time I’ve seen GOJ/public pressure interfere with the scientific community in Japan. Two examples come to mind: 1) Japan‘s Demographic Science making “Immigration” a Taboo Topic, and 2) Apple Imports and the Tanii Suicide Case. Excerpt follows, courtesy of Kevin. Arudou Debito in Sapporo.

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The Japan Times Sunday, May 23, 2010
Experts fear Taiji mercury tests are fatally flawed (excerpt)
By BOYD HARNELL
http://search.japantimes.co.jp/cgi-bin/fe20100523a1.html

PHOTO CAPTION: Award-winning U.S. neurologist Dr. David Permutter: “Serving dolphin meat is tantamount to poisoning people; they may as well serve them arsenic …”

PHOTO CAPTION: Dr. Pal Wiehe, Chief Physician, Dept. of Occupational Medicine, Public Health in the Faroe Islands: “Without doubt, (Taiji dolphin meat) is dangerous to consumers …”

On May 10, in a front-page lead story headlined “Taiji locals test high for mercury,” The Japan Times reported the results of tests by the National Institute of Minamata Disease (NIMD) that found “extremely high methyl-mercury (MeHg) concentrations in the hair of some residents of Taiji, Wakayama Prefecture, where people have a tradition of eating whale and dolphin.”

Specifically, the tests of 1,137 Taiji residents last year revealed that average MeHg levels were 11.00 parts per million (ppm) for men and 6.63 ppm for women — compared with an average of 2.47 ppm for men and 1,64 ppm for women at 14 other locations in Japan.

However, the May 10 report stated that “experts were at a loss to explain why none of Taiji’s residents have mercury-related health problems” and that the NIMD would “continue to research” why no symptoms were observed, according to NMID Director General Koji Okamoto.

Such continuing research will perhaps intensify in light of further tests by Masaaki Nakamura, chief of the NIMD’s Clinical Medicine Section, on 182 surveyed Taiji residents having the highest mercury levels. Dr. Nakamura’s results found that 43 residents tested above 50 ppm of MeHg, with one showing a level of 139 ppm.

Nonetheless, all those tested were declared healthy at an NIMD-sponsored press conference in Taiji on May 9, at which the institute didn’t give the 43 residents any dietary advice, with Okamoto noting, according to media reports, that, “It’s important that they decide what they should eat.”…

Meanwhile, commenting on Okamoto’s advice for Taiji residents that it is “important that they decide what they should eat,” Dr. Pal Wiehe, chief physician in the Department of Occupational Medicine, Public Health in the Danish-controlled Faroe Islands, said, “This is inappropriate advice . . . We have seen over a period of time that there were negative impacts at all levels in our neurological, physiological and psychological tests that were irreversible.”…

Commenting on the high concentration of mercury in Taiji dolphin meat in 10 certified lab tests conducted on different dolphin species, which found the highest level, at 14.3 ppm, was almost 36 times over Japan’s advisory level of 0.4 ppm, Wiehe said, ” That to me, without any doubt, is dangerous to consumers’ health . . . our average concentration (in pilot whales, which are oceanic dolphins) is 2 ppm.”

He added, “We don’t consider pilot whale meat proper human food.” In fact, despite some harsh local opposition, on Dec. 1, 2008 Wiehe successfully recommended to the government of the Faroe Islands that residents discontinue the consumption of pilot whale meat…

Just as the researcher said that fears of intimidation (and the withdrawal of research funding) prompted him to request his name be withheld, the Taiji dolphin-cull story and the toxic meat it produces is mostly ignored in Japan’s vernacular media. Indeed, this writer has repeatedly been told by editors that the whole subject is “too sensitive” for them to cover.

Whatever the attempts in Japan to ignore questions surrounding the NIMD’s approval for Japanese citizens to continue eating toxic dolphin, however, one of America’s leading neurologists, Florida-based Dr. David Permutter — a recipient of the prestigious Linus Pauling Functional Medicine Award for his research into brain disease — was far less inhibited….

“These levels (of MeHg) are dramatically elevated. This practice of serving dolphin meat is tantamount to poisoning people; they may as well serve them arsenic, it would be no less harmful! What they’re doing is wrong on every count; it’s the wrong thing to do for the people and the wrong thing to do for the dolphins. No matter how you look at this, it’s perverse — it’s a tragedy and it should be condemned. If the role of government is to protect the people, then they’re failing miserably in their role.”

Full article at http://search.japantimes.co.jp/cgi-bin/fe20100523a1.html
ENDS

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

Posted on May 28, 2010 by Debito Arudou, Ph.D.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ENDS

Kyodo: MOFA conducts online survey on parental child abductions and signing Hague Convention (in Japanese only)

Posted on May 27, 2010May 27, 2010 by Debito Arudou, Ph.D.

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Hi Blog. The Ministry of Foreign Affairs has just started asking for opinions from the public regarding Japan’s ascension to the Hague Convention on the Civil Aspects of International Child Abduction (which provides guidelines for dealing with cases of children being taken across borders without the consent of both parents, as well as establishing custody and visitation; all past Debito.org articles on the issue here.).

Sounds good until you consider the contexts. We’ve already had a lot of Japanese media portraying the Japanese side of an international marriage as victims, fleeing an abusive NJ. Even the odd crackpot lawyer gets airtime saying that signing the Hague will only empower the wrong side of the divorce (i.e. the allegedly violent and-by-the-way foreign side), justifying Japan keeping its status as a safe haven. Even the Kyodo article below shies away from calling this activity “abduction” by adding “so-called” inverted quotes (good thing the Convention says it plainly).

But now we have the MOFA officially asking for public opinions from the goldfish bowl. Despite the issue being one of international marriage and abduction, the survey is in Japanese only. Fine for those NJ who can read and comment in the language. But it still gives an undeniable advantage to the GOJ basically hearing only the “Japanese side” of the divorce. Let’s at least have it in English as well, shall we?

Kyodo article below, along with the text of the survey in Japanese and unofficial English translation. Is it just me, or do the questions feel just a tad leading, asking you to give reasons why Japan shouldn’t sign? In any case, I find it hard to imagine an aggrieved J parent holding all the aces (not to mention the kids) saying, “Sure, sign the Hague, eliminate our safe haven and take away my power of custody and revenge.” That’s why we need both sides of the story, with I don’t believe this survey is earnestly trying to get. Arudou Debito in Sapporo

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Japan conducts online survey on parental child abductions
Kyodo News/Japan Today Wednesday 26th May, 06:29 AM JST
http://www.japantoday.com/category/national/view/japan-conducts-online-survey-on-parental-child-abductions

TOKYO — Japan began Tuesday soliciting views via the Internet on the possibility of the country ratifying an international convention to deal with problems that arise when failed international marriages result in children wrongfully being taken to Japan by one parent.

The online survey by the Foreign Ministry asks people who have been involved in the so-called parental ‘‘abductions’’ to Japan of children of failed marriages what they think about Japan’s accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Complaints are growing over cases in which a Japanese parent, often a mother, brings a child to Japan without the consent of the foreign parent, or regardless of custody determination in other countries, and denies the other parent access to the child.

The convention provides a procedure for the prompt return of such ‘‘abducted’’ children to their habitual country of residence and protects parental access rights.

Prime Minister Yukio Hatoyama has suggested that he is considering positively Japan’s accession to the Hague Convention and ratifying it during the next year’s ordinary Diet session.

Foreign Minister Katsuya Okada said at a regular news conference Tuesday that the government will examine opinions collected through the online survey in studying the possibility of joining the convention. The questionnaire will be posted on the website of the Foreign Ministry and its 121 diplomatic missions abroad, he said.

At present, 82 countries are parties to the Hague Convention. Of the Group of Eight major powers, Japan and Russia have yet to ratify the treaty.
ENDS

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TEXT OF THE MOFA SURVEY

Courtesy http://www.mofa.go.jp/mofaj/press/event/files/ko_haag.doc

「国際的な子の奪取の民事面に関する条約（ハーグ条約）」に関するアンケート

【問１】国境を越えた子供の移動に関する問題の当事者となり、以下のような経験をしたことはありますか。なお、回答に当たり、個人名などは挙げていただく必要はありません。

●国境を越える形で子供を連れ去られたり、やむなく子供と一緒に移動せざるを得なかったこと　(その事情も含めて教えてください。) （回答）

●外国で裁判をして、裁判所の命令等により国境を越える移動に制限が加えられたこと（回答）

●差し支えなければ、以下の事項についても教えてください。－子供の年齢：－父母の別：－子供に対する親権の有無：－関係ある国の名前：

【問２】ハーグ条約の存在やその内容をご存知でしたか。（回答）

【問３】これまで我が国がハーグ条約を締結していないことについてどのようなご意見をお持ちですか。（回答）

【問４】日本がハーグ条約を締結することになれば、ご自身又は類似の境遇に置かれている方々にどのような利益・不利益があると思いますか。（回答）

【問５】その他ハーグ条約や国際的な子の連れ去り問題についてご意見があれば、お書きください。（回答）

お名前（　　　　　　　）

ご連絡先（　　　　　　）

場合によって当方からさらに詳細についてお伺いするために連絡をとらせていただくことは，

（１）差し支えない　（２）希望しない

ご協力に感謝申し上げます。

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UNOFFICIAL ENGLISH TRANSLATION

SURVEY REGARDING THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION

Question 1: Have you ever had an experience like the ones below regarding the problem of children being moved across borders? You do not have to reveal anyone’s names in your answers:

— There was a child abducted across an international border / you had no choice but to move with your children (please give details):
— You had a court trial in a foreign country and your border movements were restricted by a court order. (Response space)

— If convenient, please tell us about the following conditions: Age of the child: — Whether you are the mother or the father — Whether you had custody of the children / The name of the relevant country (Response space)

Question 2: Did you know the existence and the content of the Hague Convention? (Response space)
Question 3: Do you have an opinion about Japan not becoming a party to the Hague Convention so far? (Response space)
Question 4: If Japan were to sign the Hague Convention, you think there would be any advantages or disadvantages given to people in similar circumstances, or yourself? (Response space)
Question 5: If you have any comments about the issues – child abduction and the Hague Convention and other international issues, please state them below: (Response space)

Name

Contact details

There may be cases where we need to contact you to receive more details on your case. Would contacting you be possible? (Yes/No)

Thank you for your cooperation.

ENDS

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

Posted on May 26, 2010May 26, 2010 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

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

ENDS

Economist London column on DPJ woes, passim on how senile Tokyo Gov Ishihara seems to be getting

Posted on May 25, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Here’s a thought-provoking essay on Japanese politics from The Economist (London). Within it is a vignette on Tokyo Governor Ishihara getting all pissy about how Japanese men are being emasculated, based upon the way they are allegedly being forced to urinate. The other points within the essay are more important, but I find it singularly impressive how a leader of one of the world’s cities could go off on such an irrelevant and unprofessional tangent before a member of the international press (who, charitably, passes it off as the rantings of a grumpy old man). That’s just one more signal to me, however, of how senile Ishihara has become. Only one more year of the man left in office, fortunately. Arudou Debito in Sapporo

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Banyan
Things fall apart in Japan
The opposition is a shambles; but since the government is its own worst enemy, who needs one?
Apr 29th 2010 | From The Economist print edition
http://www.economist.com/world/asia/displaystory.cfm?story_id=16005298

FOR half a century Japan, dominated by the Liberal Democratic Party (LDP), was a one-party state in multiparty clothes. Last August came a seismic shift, when the general election swept away the once-mighty LDP and installed the Democratic Party of Japan (DPJ) in office. Anyone rooting for an overdue revamp of Japan’s political apparatus hailed the advent of a two-party state. Competition might even produce good policy.

They were too optimistic. A black dog of a depression has settled back over the country’s politics, affecting both main parties. In opposition the LDP has unravelled with impressive speed. In late April the country’s favourite politician, Yoichi Masuzoe, a rare combination in the LDP of ambition and ideas, joined a stream of high-profile defectors forming new parties. He calls for refreshing change: deregulation, decentralisation and—crucially for a country with too many paws on the levers of power—a halving of the number in the Diet (parliament).

For the moment, such groupings have not captured the public imagination. They contain too many lone wolves and grumpy old men, such as the governor of Tokyo, Shintaro Ishihara, who is responsible for the naming of one notable new party, Tachiagare Nippon!—literally, Stand Up, Japan! When Banyan once called on him, he launched into a tirade about Japanese men cowed by their womenfolk into sitting down when they pee.

If the LDP seems at the end of the line, the bigger surprise is that it lasted so long. It was born of the cold war, free of any ideology save anti-communism. Its business was winning elections and dividing the spoils—and for decades it did that very efficiently. But once the communist threat had gone and economic growth had slowed, the LDP had lost its purpose. Younger reformists lost seats at the last election or are now walking out. The grizzled old guard are at a loss.

For the DPJ government the opposition’s ineptitude has not mattered, so capable has it proved at self-destruction. For a start, both Yukio Hatoyama, prime minister since September, and the DPJ’s secretary-general, Ichiro Ozawa, are under a cloud over the misuse of political funds. On April 27th a judicial panel ordered a review of a February decision not to prosecute Mr Ozawa.

Worse, the prime minister’s early promise to concentrate decision-making powers in the cabinet has come to nought. Along with a flair for airy-fairy waffle, Mr Hatoyama has exhibited breathtaking indecision.

This is most visible over a 2006 plan to move Futenma, the air base on Okinawa for America’s marine expeditionary force. Mr Hatoyama insisted on reopening the agreement—locals objected to building a new heliport on an unspoilt shore—while offering no reasonable alternative. Japan’s relations with its American ally sank to new lows. Expectations among Okinawans (90,000 demonstrated against the move on April 25th) cannot be met. At the end of May Mr Hatoyama may propose a modified version of the original plan. But when Barack Obama in April bluntly asked him whether he had it in him to get a deal, Japanese officials were too shocked to record the question, let alone the answer.

At home a spat about roads undermines all the assurances about cabinet authority. Mr Ozawa wants both to have low tolls and taxpayer funds to go on building unnecessary roads. The transport minister, Seiji Maehara, rightly objects. The cabinet should have ruled. Instead, Mr Hatoyama has passed the matter to the Diet, where members will look out for their own districts. This recalls how the LDP used to act. It bodes ill for a country that needs to tackle rapidly worsening finances and sluggish growth.

The tensions between the DPJ’s modernisers and Mr Ozawa, who undermines the cabinet from outside it, have the potential to tear the party apart. Mr Hatoyama’s popularity, which once soared, plumbs abysmal depths. Japan has gone from a one- to a two-party state, and now to what? A no-party state? A splinter-party state? Is Japan cursed by being terminally ungovernable?

Let’s twist again like we did last summer
The question will be easier to answer, first once it is known how Mr Hatoyama and Mr Ozawa weather the immediate political squalls, and then with the results of elections to be held in July for half of the seats in the Diet’s upper house. In private, the prime minister, for all his indecision, is stubborn on one point. All he wants is to stay in office for longer than another recent prime minister, Shinzo Abe. Like Mr Hatoyama, Mr Abe is the grandson of a notable LDP prime minister and, like him, was put up for the top job by a rich and domineering mother (it is not known what posture the two men adopt for urination). Mr Abe lasted all of a year. This is how low the prime minister has set the bar for himself. But Futenma may bring him down before the election.

Many DPJ reformers want Mr Ozawa to go before then too—the party’s election prospects would be better. This week Mr Hatoyama backed Mr Ozawa, the real power in the DPJ, after the ruling by the prosecutors’ panel. Certainly, Mr Ozawa’s potential to damage the DPJ is immense. For instance, Takao Toshikawa, a political insider, suggests that Mr Ozawa could challenge and replace Mr Hatoyama, call a snap election and then step down as prime minister to run from behind the scenes the kind of “grand coalition”, including with disaffected ex-LDPers, that he attempted once before, in effect creating a new LDP in his own mould.

More likely, the election will force the DPJ to seek the support of smaller groups to form a governing majority. Some of the reformist groups that have splintered from the LDP might spot a chance to wield influence. But continued alliances with anti-reform groups are also possible. Either way, the horse-trading will serve only to alienate voters further from a system that is more responsive to back-room deals than to the national need.

ENDS

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

Posted on May 21, 2010 by Debito Arudou, Ph.D.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ENDS

Suraj Case of death during deportation makes The Economist (London)

Posted on May 18, 2010May 18, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Now here we have the Suraj Case making it out of Japan and being reported overseas. The new twist is that the widow now has lost her job allegedly because of the fuss made over her husband’s death while being deported by Japan’s Immigration Bureau. I’m fond of the title, with Immigration being depicted as “Japan’s Bouncers”, and pleased the reporter noted how little coverage this horrible incident got domestically. But the unaccountability regarding the cause of death and a possible homicide at the hands of GOJ officials is no joke. Arudou Debito in Sapporo

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Japanese immigration policy

A nation’s bouncers

A suspicious death in police custody

May 13th 2010 | TOKYO | From The Economist print edition

http://www.economist.com/world/asia/displaystory.cfm?story_id=16113280

ABUBAKAR AWUDU SURAJ was already unconscious when the cabin crew of EgyptAir MS965 saw him on board, before the Tokyo-to-Cairo flight. Shortly later he was dead. A Ghanaian who had lived illegally in Japan, Mr Suraj was being deported on March 22nd, when he was lifted and forced onto the plane in handcuffs with a towel gagging him and knotted in the back to restrain him. An autopsy failed to determine a cause of death, yet his widow saw facial injuries when she identified the body. Three days later an Immigration Bureau official admitted: “It is a sorry thing that we have done.”

The death is putting Japan’s controversial immigration policy under a sharper spotlight. The country has long eschewed immigration. In recent months, however, its resistance has become even tougher. Families have been broken apart as parents of children born in Japan have been detained and deported. People who seemed to qualify for a special residency permit (SRP), designed for those who overstay their visa but wish to remain, have been denied. Forced deportations have become more frequent and rougher, according to the Asian People’s Friendship Society, a Japanese immigrant-support group. Japan’s Immigration Control Centres, where many illegal residents are detained, have faced special criticism. This year alone, two detainees have committed suicide, one has publicly complained of abuse, and 70 inmates staged a hunger strike demanding better treatment.

Around 2m foreigners live legally in Japan, which has a population of 128m; the justice ministry counted 91,778 illegal residents as of January. But the number, boosted by cheap Chinese labourers, may well be much higher. After a nine-day research trip last month, Jorge Bustamante, the UN’s special rapporteur on migrants’ rights, complained that legal and illegal migrants in Japan face “racism and discrimination, exploitation [and] a tendency by the judiciary and police to ignore their rights”.

The SRP system is an example of the problem. No criteria for eligibility are specified. Instead, published “guidelines” are applied arbitrarily. And people cannot apply directly for an SRP: illegal residents can only request it once in detention, or turn themselves in and try their luck while deportation proceedings are under way. So most illegal residents just stay mum. Mr Suraj fell into the SRP abyss after he was arrested for overstaying his visa. Although he had lived in Japan for 22 years, was fluent in the language and married to a Japanese citizen, his SRP request was denied.

Why the tougher policy now? Koichi Kodama, an immigration lawyer assisting Mr Suraj’s widow, believes it is a reaction to the appointment last year as justice minister of Keiko Chiba, a pro-immigration reformer; the old guard is clamping down. The police are investigating the incident and the ten immigration officers in whose custody Mr Suraj died, though no charges have been brought. As for Mr Suraj’s widow, she has yet to receive details about her husband’s death or an official apology. The topic is one Japanese society would rather avoid. The press barely reported it. Still, when her name appeared online, she was fired from her job lest the incident sully her firm’s name.

ENDS

MOJ: Numbers of people naturalizing into Japan 1999-2008

Posted on May 17, 2010 by Debito Arudou, Ph.D.

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Hi Blog. I usually like to start Mondays off with a bang, but since I had a long weekend down south, getting back late last night, and a morning this morning too beautiful to avoid cycling to work, let me open this week with a tired whimper. Dovetailing with the article yesterday talking about Americans who give up their US citizenship, here are some statistics for people taking out Japanese citizenship.

Source: Ministry of Justice. http://www.moj.go.jp/MINJI/toukei_t_minj03.html

These are all the numbers of people who applied between 1999 and 2008. The numbers have been up and down like a sine curve, but about 15,000 per year (which will add up to quite a substantial number over time). Most of them are of Korean descent (probably Zainichi). The trend is for fewer Koreans, about the same Chinese, but a doubling in the “other countries” column (I am one of the 725 in 2000). The numbers rejected are very small (about one or two percent), but as I argue in an old discussion on Mutantfrog (thanks to them for this link), this is unindicative of a lax system, since the entrance interviews weed out obviously most of the unsuitable candidates before they even apply. More on my experience with Japanese naturalization more than a decade ago here.

Anyway, no booms here. Yet. Arudou Debito in Sapporo

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

Posted on May 13, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Here is a slew of articles regarding the Japan-Asian countries’ EPA program to import health care workers to Japan, which we have discussed on Debito.org before.

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

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

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Background on the issue from Japan Times FYI Column:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

===

Burden of education

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ENDS

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JAPAN TIMES EDITORIAL (excerpt)

EDITORIAL Monday, April 5, 2010

Ease up on the nursing exam

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

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

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

ENDS

Meat67 on “City of Urayasu Globalization Guidelines” Survey

Posted on May 10, 2010May 11, 2010 by Debito Arudou, Ph.D.

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Hi Blog. What follows is a report from Meat67 (sorry for the delay) on a citywide survey of NJ carried out by Urayasu, Chiba-ken, across the river from Tokyo proper. Scans enclosed below. Compare this with an excellent one from Sapporo City that came out in 2008. Arudou Debito in Sapporo

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From: meat67
Date: February 26, 2010

I received the following survey in the mail from the City of Urayasu (see below). While I have many friends and acquaintances in Japan and Urayasu, I sometimes feel alienated from “official” Japan, so I was pleased to see that the city wanted my opinion on their “City of Urayasu Globalization Guidelines”. Like most things from governments there are good and bad things about this survey

The first nice thing about the survey was the option of doing it in English and Japanese. For those people whose Japanese is at a low level the option of doing it in English is nice, while the option of Japanese acknowledges that many immigrants, can, in fact, read and write Japanese. That being said, just from my own personal observation from living in Urayasu for the past seven years, the inclusion of Chinese and Tagalog versions as well would have made it even better.

I think there are a good variety of questions on the survey, from the general to the specific. They ask about general life in Japan and dealing with Japanese people. They also ask about specific groups sponsored by the local government. Many of the general questions have an “other” option, which is great. They probably received many responses they were not expecting or had thought of .

I liked question 3 about the resident’s association. I have never been asked to join in all the time I have lived here. However, I never went out of my to find out about it either, so when I move next month I will try to find out more about the one in my new area.

Unfortunately, the most general question, 14, has such a tiny box that I had to write really small to fit in what I wanted to say. I mentioned the racism of the police, which, I don’t think, the city can do much about. I also told them that the cyclists and drivers here drive me crazy because they don’t stop at stop signs, sometimes not even for red lights, drive the wrong way down one way streets, don’t look when they cut from the sidewalk to the road, etc…. This, more than anything else, affects my daily life, since I ride my bicycle somewhere almost everyday. I often arrive at work pissed off. It’s so bad that a couple of months ago I actually mentioned to a co-worker how surprised I was that for three or four days in a row no one had annoyed me. I have gone so far as to change the route I take to work a few times to see if that would make a difference. My morning commute is more often than not the most stressful 10 minutes of the day.

Like any survey, some of the questions can be open to interpretation. Question 7-1, for example, asks if you have experienced difficulty at work. I circled 2 because I do not always receive all the information I need. However, I don’t think this is always because I am not Japanese, but because I am in the part-time teachers room. Even many of the Japanese part-time teachers don’t always know what’s going on, since they don’t attend the morning teachers meetings either.

Question 12 is a little problematic. Even though I am “2. Somewhat satisfied” and so went on to question 12-1, I would have liked to answer 12-2 also. I am dissatisfied with some things as well and would have liked to say what they are. I’m just more satisfied than not.

I would have changed some of the language. Just one example is “foreign nationals （外国人居住者）”. Again, from my experience of living here for seven years, the vast majority of foreign nationals I meet are immigrants, so why not call us that? The use of “immigrants” would make me feel much more accepted as a contributing member society rather than just a “guest”.

Finally, I have to ask, why do people think it’s so hard to separate garbage? The city hall offers a chart with pictures and descriptions of the various types of garbage. Garbage bags have their purpose written in both Japanese and English. I really for the life of me cannot figure out where this “Oh my god, foreigners cannot figure out the super complex garbage rules of Japan” idea comes from. When my girlfriend, who has lived in Japan all her life, moved in with me she spent the first month or two asking me questions about the garbage.

All in all, I am happy with the city government’s initiative. I was happy to answer the questions on the survey. In fact, I would be more than happy talk with someone from city hall to answer more questions if they wanted to. I look forward to seeing the results on the city’s website.

Meat67 in Urayasu

ENDS

US House of Reps Resolution submission regarding Japan’s Child Abductions Issue

Posted on May 3, 2010 by Debito Arudou, Ph.D.

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US House of Representatives to Introduce House Resolution condemning Japan for International Child Abduction.
Courtesy of Paul Toland, of Help Bring Erika Toland Home Facebook Page
May 2, 2010

http://www.facebook.com/group.php?gid=98937667971

On Wednesday, May 5th 2010, the Japanese National Holiday of Children’s Day, A United States House of Representatives House Resolution will be introduced condemning Japan for International Child Abduction and calling on Japan to facilitate the immediate return of all children abducted to Japan. This historic resolution comes after 58 years of zero cooperation by the Government of Japan on this issue. Of the 231 children abducted to Japan in the last decade, and the countless hundreds more abducted in the preceding decades, none have ever been returned, making Japan quite literally a black hole from which no child ever returns.

A Capitol Hill press conference introducing the resolution will be held from 1:30 PM to 2:30 PM outdoors at the House Triangle, located near the Capitol building, opposite Longworth building (and over Independence Ave. road, away from Longworth building). Closest metro is Capitol South.

Speaking at the Press Conference will be Congressman James Moran (D-VA), Congressman Chris Smith (R-NJ), and many victim parents to include Christopher Savoie, Commander Paul Toland, Doug Berg and others.

Immediately following the press conference, the Bring Abducted Children
(BAC) Home foundation (www.bachome.org), consisting of victim parents of child abduction, will head to the Japanese Embassy for a 4:00 PM rally where the parents will take turns reading excerpts from the resolution in front of the embassy.

That evening, at 7:30 PM, BAC Home Foundation will hold a candlelight vigil in front of the Japanese Ambassador’s residence to remember and pray for the return of the 200+ abducted children.

May 5, 2010 Schedule:

1:30 – 2:30 PM: Capitol Hill Press Conference to introduce House Resolution condemning Japan for International Child Abduction. House Triangle.

4:00 PM: Bring Abducted Children (BAC) Home rally and House Resolution
Reading, Japanese Embassy. 2520 Massachusetts Avenue NW, Washington, DC

7:30 PM – BAC Home Candlelight vigil, Japanese Ambassador’s residence, 4000 Nebraska Ave NW, Washington, DC

ENDS

Holiday post: Japan Times editorial calling for the removal of its own Berlin Walls

Posted on April 29, 2010 by Debito Arudou, Ph.D.

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Hi Blog. As a holiday post (enjoy your first shard of Golden Week, everyone), here’s an excerpt of one person’s essay in the JT calling for change in Japan’s approach to the world. Much of what is said there has been said here. Enjoy. Arudou Debito in Sapporo.

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For Japan to thrive, the wall must come down
By ROBERT DUJARRIC, Director, Institute of Contemporary Asian Studies at Temple University, Japan Campus
Special to The Japan Times, Wednesday, April 14, 2010, Courtesy of Kevin
http://search.japantimes.co.jp/rss/eo20100414a2.html

More than 20 years have passed since the Berlin Wall fell, yet Japan remains shut out from the rest of humanity by its own wall. Though it is a shapeless partition that we cannot touch, it nevertheless cuts off the country from the world beyond its shores. What are the characteristics of this invisible barrier?

It serves as much to prevent inbound flows as outward ones. Japan is the only major developed nation where almost none of the men and women of influence — in the realm of ideas, business or government — are from foreign backgrounds. Tokyo, as opposed to other global metropolises, has no cosmopolitan flavor. There is a striking paucity of Japanese people teaching in foreign universities, writing about the humanities and social sciences or contemporary politics in scholarly journals or mass-circulation magazines and Web sites, and working in multinational corporations, international organizations and nongovernmental organizations.

This intangible forcefield harms Japan much more than is generally realized. It condemns Japanese universities, especially in the humanities and social sciences, to international irrelevance. This is not to say that Japan lacks great researchers — it has plenty of them. But they operate in an environment with few foreign colleagues and students (except for a few Asian countries), are under-represented in international conferences, and rarely publish in global journals. Thus, their ideas remain locked within the boundaries of the wall.

Rest of the article at
http://search.japantimes.co.jp/rss/eo20100414a2.html

ENDS

Mainichi: First GOJ guidelines for teaching NJ the Japanese language so they can live here

Posted on April 27, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Good news from the GOJ today. There is a concerted effort to help NJ learn the language so they can live here. About time. Not clear who’s paying for it — the students or the governments. Arudou Debito in Sapporo

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Gov’t drafts guidelines for teaching Japanese to foreign residents
(Mainichi Japan) April 16, 2010 Courtesy JK
http://mdn.mainichi.jp/mdnnews/news/20100416p2g00m0dm004000c.html

TOKYO (Kyodo) — A government subcommittee has drafted guidelines for the first time on teaching Japanese to foreign residents of Japan in order to support them in their daily lives, government officials said Thursday.

The draft guidelines compiled by a Council for Cultural Affairs subcommittee lists examples of words and phrases that foreigners should be encouraged to learn for smooth communication in 10 main types of situations, including health care, travel and activities related to consumption and safety.

The main types are subdivided into 48 categories in which recommended words and phrases are situated in more concrete scenarios such as how to use trains and medicines in Japan.

The number of registered foreign residents in Japan stood at around 2.22 million at the end of 2008, according to the Agency for Cultural Affairs and the Ministry of Justice.

Many government officials concerned with language education believe it would be desirable for at least 1 million of the foreign residents to learn Japanese so that they can live their lives smoothly.

However, there has been no previous attempt to compile government standards on the extent to which foreign residents should learn Japanese.

The draft, due to be submitted shortly to the Japanese language division of the Council for Cultural Affairs, estimates that the total learning period under the proposed guidelines would be around 60 hours.

“(The curriculum) would mean a great deal if it serves to demonstrate the government’s intention to support foreigners living in Japan for a long period,” says Takeshi Yoshitani, a professor who heads Tokyo Gakugei University’s Center for Research in International Education.

Public support will be necessary for foreign residents to secure the 60 hours of learning, he added.

(Mainichi Japan) April 16, 2010
ENDS

Saturday Tangent: Tokyo Shinbun: Fussa City bureaucrat blames NJ residents for more children’s cavities!

Posted on April 24, 2010July 24, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. It’s been pretty knee-jerk this past decade to blame NJ (or just plain multiculturalism) for anything that’s allegedly going askew in Japan. Things I’ve seen blamed on NJ and their “cultural differences” (no doubt you know most of these): Bathhouse altercations, crime, terrorism, infectious diseases, unemployment, neighborhood deterioration, bad smells in both neighborhoods and schools, divorces, DV, drugs, guns, prostitution, unpaid bills (including phone and restaurant), AIDs, youth crime, irregularly colored hair, improper garbage disposal, low J crews on Japanese ships, sports uncompetitiveness, lack of Olympic medals, uncertified sushi, Japan’s low English ability, national security in the SDF, and the potential carving up of Japan as a nation. More on the NJ Blame Game here.

But I gotta admit, I’ve never seen oral hygiene — as in more cavities — pinned on NJ before! Read on. What’s next: Traffic lights staying red for too long? Arudou Debito in Sapporo

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KYA writes:
I saw this on the TV news today, it’s not really a legal issue or anything but it’s a little bit ridiculous and a little bit offensive:

【社会】
３歳児の虫歯激減　都内、歯磨き習慣定着
東京新聞　2010年4月21日 07時17分
http://www.tokyo-np.co.jp/s/article/2010042190071508.html
東京都内に住む三歳児の虫歯の罹患（りかん）率が、十年前のおよそ三人に一人から、二〇〇八年度で六人に一人まで減っていることが、都のまとめで分かった。四十年前に十人中七人に虫歯があったのに比べ大幅な減少。ただ、地域的にはまだばらつきがあり、都は「歯の健康」に関心を持つよう呼び掛ける。
〇〇年に策定した都の歯科保健目標が最終年度にあたることから、〇八年度の三歳児歯科検診を分析。その結果、虫歯がある三歳児は１７％にとどまり、一九九八年度の３０％から大幅に減っていた。
都福祉保健局によると、七一年度には虫歯がある三歳児は７１％もいたが、歯磨き習慣の定着や虫歯予防のフッ化物塗布の広がりなどで年々減少。八五年度に初めて五割を切り、その後も全区市町村でなだらかな減少傾向が続いていた。都の担当者は「数の減少だけでなく、症状も軽くなっている」という。
一方、自治体別にみた場合、最も良い千代田区が９％だったのに対し、対象人数が少ない町村を除くと福生市が最悪の２８％。区内では唯一、足立区が二割を超え２２％だった。
福生市の担当者は「在住外国人が比較的多く、ジュースを日常的に飲むなどの食習慣が影響しているのでは」とし、足立区の担当者は「理由ははっきり分からないが、多くの親子に、歯科衛生の学習会への参加を促したい」としている。
二〇〇八年度で首都圏の虫歯がある三歳児の割合は、神奈川が２０％、埼玉が２４％、千葉が２６％だった。
（東京新聞）

Fussa’s got the highest percentage of 3 year olds with cavities in Tokyo, and the “person in charge” has decided to blame that on the fact that there are a lot of NJ residents in Fussa who “give their kids juice on a daily basis.”

Given the proximity of Fussa to the Yokota base, however, I’d be willing to bet that a lot of those NJ in Fussa that they’re talking about are American… and American children tend to have MUCH better teeth than their Japanese counterparts. Many Americans are almost paranoid about dental health these days… and on the other hand, Fussa is also one of the less expensive areas of Tokyo, I’d bet that a lot of those cavities can be ascribed to lower-income families who just can’t or won’t spend the money on dental visits and fluoride treatments, etc.

I’m not sure whether to laugh at this or be offended by it… since the terrible teeth of Japanese children are quite the popular conversation topic among the American eikaiwa teachers that I’ve known, it seems ironic at the least. ENDS

“Pinprick Protests” #1: GOJ authorities finally telling hotels correct enforcement procedures for NJ check-ins. Pity it only took five years.

Posted on April 23, 2010April 24, 2010 by Debito Arudou, Ph.D.

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Hi Blog. I would like to launch a new type of campaign, something I will call “Pinprick Protests”, an activity done on the individual level to protest injustice and unfair treatment in Japan. Less visible than picketing and petitions, it is no less effective over time: Enough individual protests nationwide, and it becomes “mendoukusai” for the authorities to have to deal with the issue anymore, and things shift for the better as GOJ attitudes and enforcement mechanisms change.

Case in point: I received a good news from a translator yesterday in Debito.org’s comments section:

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

JayIII Says:
April 22nd, 2010

I work as a translator and often get jobs from the local government and I thought I would share a little bit of good news.

A request came across my desk today for updating the english phrasing recommended for hotels to display for foreign guests. The Japanese was changed from requiring “foreign visitors” and “display their passport or gaijin card” 外国人宿泊者 and 旅券もしくは外国人登録証明書を提示 to

Non-Japanese visitors without a permanent Japanese residence and display their passport 日本国内に住所を有しない外国人宿泊者 and 旅券を提示

So it’s one little step in the right direction.

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

Yes, quite. The law, when it took effect on April 1, 2005, said that NJ guests who had no addresses in Japan (as in tourists) would have to show their passports at all hotels in Japan (this was an “anti-terrorist and contagious disease measure“, problematic in itself; Japanese guests, then as now, need show no ID). The NPA and the MHLW then, deliberately and repeatedly — despite articles in the media, an inquest by the US Government, and various “pinprick protests” by individuals at check in who are aware of the letter of the law — bent the laws to say that all NJ (as in “foreign guests“), must be IDed, and some hotels (such as Toyoko Inn) used this as an excuse to refuse NJ customers entry. As determining who was a “foreign guest” was a matter of physical appearance to many hotels, this led to nationwide racial profiling, inconvenience, and insult (as not all people who look NJ are tourists, naturally). All sponsored by authorities refusing to enforce their own laws properly.

Now, it seems, cops and ministries are finally giving hotels the correct information, and no longer bending the laws to target all NJ. Good. Pity it only took five years for the GOJ to knock it off. And I bet it’s not a universal thing at hotels yet, so expect a bit more harassment at check-in.

Download the hotel laws here and continue the “pinprick protests” whenever necessary. It works. Over time. What it takes is informedness, tenacity, and patience. And the will to believe that we are not merely “foreign guests”, but rather people who have rights in Japan and the will to claim them. For it is people who do NOT protest who get walked all over by the powers that be, as this case study demonstrates.

More suggestions for “pinprick protests” later. Arudou Debito in Sapporo

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

Posted on April 17, 2010May 30, 2015 by Debito Arudou, Ph.D.

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

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

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

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

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

(Click to expand in your browser)

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

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

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

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

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

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

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

Anyone else having problems? KYA

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MTJ replies:

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

Wiki has a good stub on the subject here:

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

ENDS

Mutantfrog on Death of Yokoso Japan, plus birth of Welcome to Tokyo

Posted on April 16, 2010October 28, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Japan is rebooting its image for international tourists. According to Adamu at Mutantfrog:

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April 7, 2010
The Japanese government has announced a new international tourism slogan:

“Japan. Endless Discovery.“

Great, at least this time it’s in English! It’s similar to many other simple catch phrases used by other countries: “Malaysia, truly Asia,” “Seoul’s got Soul,” and so on. The Japanese-language slogan is more of more of a mouthful and literally translates as “Japan, a country where you will encounter endless discovery.” There’s also a new logo with a stylish but classy combo of cherry blossoms and the Japanese Rising Sun.

I like “Endless Discovery” because it has a message that happens to be true. As a foreigner living in Japan most days there’s something new to discover. This message could help put new visitors in the right frame of mind to enjoy themselves. Japan’s not a country like Thailand where you can head straight to the resort and not worry about foreign customs. It’s an adventure in many respects – new food, few English speakers, complicated train system, etc. (and the area outside of Tokyo is even harder to navigate), so why not put a positive face on what Japan’s got to offer?

I’d like to give Maehara and his people some credit for picking a slogan that actually makes sense. It’s comforting to think the people in power might actually understand the outside world a little bit. It’s one big, noticeable difference between the parties.

This will replace the old slogan Yokoso! Japan, announced in 2003 to much confusion by most people who had no idea yokoso means “welcome” in Japanese. Well-known Japan commentator Alex Kerr was especially critical, saying it might as well be “blah blah blah Japan.” It’s been a favorite target of mockery among many in the gaijin community and can currently be seen on taxis, buses, posters, and even transport minister Maehara’s lapel pin. You’ll be missed! The “Visit Japan Campaign 2010” site is still up, so you can soak up some of the goodness before it closes. There’s other questionable language on the site, like “Yokoso Bazar” and “Revalue Nippon.”

Rest at http://www.mutantfrog.com/2010/04/07/sayonara-yokoso-japan/

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That’s one thing of interest. Now how about Tokyo’s very expensive reboot? Courtesy of BD:

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April 8, 2010
Debito: Wanted to call your attention to the Tokyo Metropolitan Government’s new “Welcome to Tokyo” tourism website which features a short anime which [according to the Tokyo Shinbun Dec 20, 2009, link now dead] reportedly cost 50M Yen. That’s my tax dollars at work trying to lure foreigners to a city who’s governor is historically renown for his anti-foreigner rhetoric. Wonder if there’s anything that can be done to call out the points made by UN Rep Bustamante with regards to this site’s obvious ruse.

http://www.tourism.metro.tokyo.jp/english/welcome/

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

COMMENT: About the Tokyo promo: Watch the “Honey Anime” in particular. A lot of bald-facedness going on there. I don’t personally watch much Anime (so it might be an issue of genre or style), but I find its eight-year-old-child attitudes towards life a bit cloying, and inappropriate for regular tourists. And you just gotta grimace at the bit where Tokyo-to’s oceanic territory is depicted as a haven for happy whales (never mind the Red Tides or, you know what…). As flash and expensive as the site is, I find the promotion campaign a bit “terrarium in a fishbowl”, with little apparent knowhow of how to appeal to outsiders and what they want after a very expensive plane trip plus hotels (oooh, Tokyo’s got a ZOO!!). And let’s not mention our xenophobic governor…

Charming for some, no doubt. But for me, just weird, and not terribly appealing, having been to Tokyo as a tourist (and guest speaker) my entire life in Japan (that’s right; I’ve never lived in Tokyo). Come to Tokyo and see how clean-line it really isn’t. Like seeing the waxwork dish of lunch outside the restaurant, and coming in to see it’s not at all what it was advertised. But that’s only my impression. What do others think? Arudou Debito in Sapporo

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

Posted on April 9, 2010April 9, 2010 by Debito Arudou, Ph.D.

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

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

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

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

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

Arudou Debito in Sapporo

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

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

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

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

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

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

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

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

Original Japanese story

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

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

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

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

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

More Juuminhyou idiocies: Dogs now allowed Residency Certificates in Tokyo Itabashi-ku. But not NJ residents, of course.

Posted on April 8, 2010April 8, 2010 by Debito Arudou, Ph.D.

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Hi Blog. One more notch on my lipstick case of bureaucratic idiocies in Japan. Debito.org Reader KC just submitted two articles (I had heard about this, but was busy with other stuff and neglected to blog it, sorry) about Tokyo Itabashi-ku giving Residency Certificates (juuminhyou) to dogs. Fine, but how about foreigners? They are still not allowed to get their own.

For those who came in late, brief background on the issue: NJ get a different registry certificate, are not automatically listed on their families’ Residency Certificates unless they request it and only if the bureaucrat in charge believes they are “effective head of household”, and are not counted as “residents” anyway in some population tallies despite paying residency taxes). Japan is the only country I know of (and definitely the only developed country) requiring citizenship for residency. This is said to be changing by 2012. But I won’t cheer this legal “vaporware” until after it happens, and it still comes after the humiliation of long allowing sea mammals and cartoon characters their own residency certificates overnight. To wit: 自治体は動物や架空の存在に住民票を発行する（『たまちゃん』横浜（2003）、『鉄腕アトム』新座市（2003）、『クレヨンしんちゃん』日下部市（2004）、『クーちゃん』釧路市（2009）など。More on the issue here.

As submitter KC writes:
One more story that caught my attention was…
http://sankei.jp.msn.com/region/kanto/tokyo/100120/tky1001202239019-n1.htm

Official Itabashi-ku website link here…
http://www.city.itabashi.tokyo.jp/c_news_release/025/025249.html

The stories are self explanatory, but if I have to summarize … Itabashi-ku is spending its resources to issue JUUMINHYOU to dogs (yes dogs!)… but it has never even occured to them that taxpaying foreign residents deserve JUUMINHYOU more than the dogs. Regards. KC

／／／／／／／／／／／／／／／／／／／／／／／／／／／
板橋区が犬の登録率アップ目指し、住民票発行へ

東京都板橋区が発行する犬の住民票

http://sankei.jp.msn.com/region/kanto/tokyo/100120/tky1001202239019-n1.htm

産經新聞　2010.1.20 22:36

飼い犬に、かわいい住民票を発行します－。東京都板橋区は２０日、飼い犬の名前や写真、住所などを証明する「犬の住民票」を発行する新サービス（無料）を２５日からスタートさせると発表した。都内２３区で初の試み。ペットブームで愛犬家は増えているものの、自治体への登録をしない飼い主も多い。そこで区は、住民票で愛犬家を引きつけ登録率アップを目指す。

Courtesy Sankei Shinbun

狂犬病予防法では、狂犬病が発生した場合に備え、飼い主に居住自治体に犬の登録をするよう義務付けている。しかし、ペットショップで犬は買ったものの自治体への登録を面倒がる飼い主も多く、都内では登録が進んでいない。板橋区内でも約５万匹の飼い犬のうち、登録されている犬は平成２１年４月現在、３分の１の約１万７千匹にとどまっているのが実情だ。

狂犬病は昭和３２年以降、日本国内では発生していない。しかし中国やインド、フィリピンなどのアジア圏ではメジャーな病気で、平成１８年にはアジア圏で狂犬病にかかった犬にかまれた日本人が死亡している。

今後、狂犬病が発生しないとは否定できないことから区では、１匹でも多くの登録を促そうと、登録済みの犬を対象に住民票の発行を決めた。

自治体が発行する証明書としてはユニークで犬の個性をまるごと紹介できる内容。犬の名前や住所、生年月日や種類、毛色や登録番号などが区から証明されるほか、写真をはれるスペースも用意されている。また予防接種の記録や父母の名前やチャームポイントなども飼い主が書き込める。

担当の区保健所生活衛生課は「住民票で飼い犬の情報を交換できるようなアイテムに育ってほしい」と話している。

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

平成22年1月20日報道発表
犬の住民票（左が表面・右が裏面）
http://www.city.itabashi.tokyo.jp/c_news_release/025/025249.html

板橋区は、飼い犬の名前や写真、住所などを記載できる「犬の住民票」を無料で発行する新サービスを今月25日からスタートする。

この住民票は、狂犬病予防法に基づく飼い犬の登録率・予防接種率向上を目的に、登録されている飼い犬を対象に発行するというもので、23区初の試み。

飼い主による犬の登録は、国内で狂犬病が発生した場合に備えて、自治体がどこで犬が飼われているかを把握するために狂犬病予防法で義務付けられている。しかしながら、飼い主による犬の登録は都内でも進んでおらず、板橋区でも区内にいる約5万匹の飼い犬のうち、登録されているのは3分の1の約1万7千匹にとどまると推計されている（平成21年4月現在、板橋区推計）。

昨今のペットブームで愛犬家が増加する中、区では人と動物とが安心して共生できる地域社会をつくろうと、飼い犬のための親しみやすい住民票の発行を企画。広報紙や区ホームページなどを通じ、昨年10月から記載内容やデザインについてのアイデアを区民に呼びかけ、寄せられたアイデアをもとに検討を重ねてきた。

完成した犬の住民票は、両面刷りでコンパクトなハガキサイズ（縦15センチメートル、横10センチメートル）。“犬といっしょにワンだふるライフ”とキャッチフレーズが書かれた表面には、「犬の名前」「住所」「生年月日」「種類」「毛色」「登録番号」の記載欄のほか、愛犬のベストショット（写真）を貼り付けるスペースなども用意されている。区の観光キャラクター“りんりんちゃん”のイラストが描かれた裏面には、「予防接種の記録」の記載欄のほか、「父母の名前」や「チャームポイント」といったユニークな項目も設けられている。自治体が発行する証明書では、例の少ない愛着あるデザインで、一枚持つだけで愛犬の個性をまるごと紹介できる内容に仕上がっている。

担当した板橋区保健所生活衛生課では、「1匹でも多くの登録を増やすため、この事業を考えました。住民票を持っている飼い主さんたちが、お互いの犬の情報を交換できるようなアイテムに育って欲しいです」としている。

「犬の住民票」は、今月25日から板橋区に登録済みの飼い犬を対象に生活衛生課窓口（板橋区保健所3階）で無料発行される。

問い合わせは、板橋区保健所生活衛生課（電話03－3579－2332）まで。
ENDS

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

Posted on April 5, 2010April 5, 2010 by Debito Arudou, Ph.D.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

（2010年3月28日20時29分読売新聞）
ENDS

Sunday Tangent: Japanese porkbarrel airports as “infrastructure in a vacuum”, and how JR duped me into buying a train ticket to nowhere

Posted on April 4, 2010April 4, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Had an interesting experience yesterday on the way home to Sapporo yesterday, so I thought I’d make that today’s blog entry.

We’ve had some media buzz last month about Japan’s regional airports (with the opening of Ibaraki’s airport, that makes a total of 98 international, national, and municipal airports around Japan — close to two per prefecture, and that apparently does not count the ones inside of JSDF military bases). A full list of them here. The buzz from the Japan Times, Editorial, March 23, 2010:

EDITORIAL
When airports eat each other
Japan has 98 airports. The transport ministry’s recent survey of 72 of them indicates that the economic viability of many airports is low. Unless local governments and concerned businesses make serious efforts to attract more passengers, some airports may be forced to close.

The survey compared the actual number of passengers who used the 72 airports in fiscal 2008 with passenger-number forecasts. The actual number exceeded the forecast at only eight airports — Naha, Kumamoto, Nagasaki, Okayama, Nagoya, Haneda, Shonai (Yamagata Prefecture) and Asahikawa (Hokkaido). At about half of the 72 airports, actual use was less than 50 percent of what was forecast.

On March 11, Ibaraki airport opened as the nation’s 98th airport. Some ¥22 billion was spent to build the airport, which has a 2,700-meter runway. The chance of the actual passenger total of the airport exceeding the forecast amount is almost nil, as it connects only to Seoul, with one round-trip service a day. From April 16, it will also offer a once-daily round-trip service to Kobe.

Major airlines have shied away from Ibaraki, fearing a lack of passengers. The airport, about 80 km from Tokyo, is touted as the third for the capital, but access to it is hardly convenient.
Rest of the article at http://search.japantimes.co.jp/cgi-bin/ed20100323a1.html

I personally have used a lot of Japan’s airports on my domestic travels, usually for business: Sapporo Chitose, Sapporo Okadama, Hakodate, Misawa, Akita, Higashine Yamagata, Hanamaki Morioka, Niigata, Sendai, Chubu Nagoya, Mihara Hiroshima, Izumo Shimane, Fukuoka, Kitakyushu, the former Kokura Fukuoka, Oita, Kagoshima, Miyazaki, Naha Okinawa, and of course Itami, KIX, Narita and Haneda. I also will state that I have no problem with regional airports being built as long as they are used. As the Japan Times editorial mentions above, if access is convenient.

However, I thought Hanamaki Morioka defied that assumption pretty badly yesterday, so let me narrate the adventure:

As regular Debito.org readers know, I have been on a two-week tour of Tokyo and environs doing UN and NGO FRANCA stuff. But as my JAL mileage seems to accumulate less and less every year, I found that I could only get as far as Hanamaki Airport this year (the next band of free return flights starts at Sendai and stretches to Osaka, I was about 2000 miles short). So I made arrangements to meet friends in Morioka, gave a speech in Sendai, and did my business further south. Fine. The problem was I had to get back up to Hanamaki from Tokyo to go home (no problem again, I thought; my flight back was from 6:10PM), and that’s at least 3 hours from Tokyo (it still worked out cheaper than a RT flight to Haneda, and I can spend time productively watching episodes of Survivor on my iPod).

Here’s where it got interesting. I bought my ticket via JR all the way from Tokyo to “JR Hanamaki Kuukou Eki”, logically thinking that a JR station with the name of the destination would actually take me to that destination. I got a print-out from JR Tokyo: get off at Shinkansen Eki Shin-Hanamaki, change trains for JR Hanamaki Station, and finally arrive at JR Hanamaki Kuukou Eki.

It wasn’t to be. I arrived at Shin-Hanamaki only to find the stationmaster advising me to get a cab from there to the airport. I said I had a ticket all the way to Hanamaki Airport Station but he still made the same recommendation. I asked for a refund of the remaining two-station portion but he refused to give it. So I followed my ticket to see where it would take me. It took me outside, a five-minute walk, to a completely separate teeny station that was JR Shin-Hanamaki regular-train station.

With changes, it took me another half hour to get to JR Hanamaki Station, where I changed to another station which after another twenty minutes or so got me to the Holy Land.

But JR “Hanamaki Airport Station” was a tiny place, where even the office was closed despite arriving a little after 4PM. It was 4kms from the airport, a sign said. As was advised, no way to get there but again by cab.

Here are some pictures to illustrate how idiotic the situation is (click on any photo to expand in browser):

Caption: This is a JR station servicing an international airport?

Caption: Yes it is.

Caption: Note the distance to the airport: 4kms. Used to be two. Still, this JR station was never connected to the airport, is the point.

Caption: Station office is closed. Note time on clock. You have to hand in your ticket into a little mailbox as you enter the station doors. Honor system.

Caption: Business is done for the day. Nice to have bureaucrats go home so early. If they even come to work here at all.

On the way to the airport, I talked to the cabdriver about this situation. He said that Hanamaki Airport was indeed four kms away, and 5 kms from JR Hanamaki Station. It was in fact 6 kms from Shin-Hanamaki Station, meaning I had just gone one great ellipse to get to the airport. “JR Hanamaki Airport Station is the closest to the airport, therefore it became the station.” But it’s still only accessible by taxi. “Or bus. From Morioka Station.” Which was the way I went when arriving from Sapporo two weeks ago, but it’s a half-hour bus ride away.

The taxi driver continued, “The JR station used to be only two kms away, not the four that it is now. But they decided to spend even more money to build another terminal closer to the auto expressway.” Even though they have cars so they don’t have that much farther to drive, while we foot travelers have to shell out for a taxi? “Yep. It’s good for us taxi drivers.”

All told, I wasted close to an hour between arriving by shinkansen and arriving at the airport; good thing I allowed enough time to get there. I was also 1240 yen cab ride poorer for the experience, but sometimes one has to pay to get interesting blog entries.

But what kind of a government and infrastructure builds an airport, and then makes it nearly impossible for basic public transport to service it? Even dupes the consumer into believing the JR station goes to the airport?

“Ozawa and his porkbarrel,” said the cabdriver.

This is why the regional airports attracted so much controversy last month. And why, every now and again, we get annoyed articles about bureaucrats building public buildings, staffing them with retired bureaucrats, then making it as complicated or expensive as possible for the public to actually use them.

As we should. Guess what airport I won’t be using again. Thanks for the memories, Hanamaki. Arudou Debito back in Sapporo.

Fun Facts #14: JK provides budgetary stats to show why current immigration-resistant regime is unsustainable

Posted on April 2, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Frequent commenter and contributor to Debito.org JK offers a follow-up about a recent article featured here on Debito.org, about the NJ nurse import program (one that as of this time is doomed to become yet another revolving-door visa program). He offers some “Fun Facts”, as in budgetary statistics, about why the current visa regime discouraging labor imports but not immigration is unsustainable. Read on. Arudou Debito in Tokyo, not quitting activism.

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

March 27, 2010
Hi Debito:
Another immigration-related thread for you. From the article, you can tell that a comprehensive immigration policy is needed:

1st foreign nurses pass national exam
https://www.debito.org/?p=6322

On a different topic, the legislature just approved a record 92.3 trillion yen budget for fiscal year 2010 (which, BTW is 4.2% larger than the budget for fiscal year 2009). In my opinion, it is unlikely that the budget will stimulate the economy because of the huge shortfall in taxes which only amount to 37.4 trillion yen. This is an 8.7 trillion yen / 18.9% decrease from fiscal year 2009. Because of the drop, the government had to issue a record 44.3 trillion yen in bonds, which is an 11 trillion yen increase from fiscal year 2009.

To my knowledge, this is the first budget in which bond issuance is greater than tax revenue.

All of this raises more questions about the nation’s fiscal health — government debt reached 189% of its gross domestic product in 2009 (the highest among industrialized countries) and I expect it to reach 200% in 2010.

What does this have to do with debito.org? Well, a shrinking tax base (read: population) is directly related to the country’s fiscal / economic condition. If for no other reason, a comprehensive immigration policy is needed to bring in more taxpayers in order shore up the GOJ’s increasingly unsustainable economic situation.

Here are the various sources:

Japan’s parliament passes record trillion-dollar budget
http://www.mysinchew.com/node/36798

Japan’s ruling DPJ has record budget passed through Diet
http://news.xinhuanet.com/english2010/business/2010-03/24/c_13223166.htm

Japan parliament passes record $1 trillion budget
http://beta.thehindu.com/news/international/article299882.ece

Regards, -JK

ENDS

Mar 31 UN Rep Bustamante’s Full Press Release on Japan’s Human Rights Record

Posted on March 31, 2010April 6, 2010 by Debito Arudou, Ph.D.

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Hi Blog. I attended Special Rapporteur for the Human Rights of Migrants Jorge Bustamante’s press conference in Tokyo today, talking about Japan’s shortcoming’s vis-a-vis its human rights record. You can see FRANCA’s submission and presentation to Dr Bustamante on March 23 here, listen to the entire press conference including the Q&A here, and read on to see how FRANCA’s advice was reflected (or was not) in the preliminary press release below. Arudou Debito in Sapporo

From left to right, lawyer and UN Human Rights Officer Valentina Milano, Special Rapporteur Bustamante, and interpreter. All photos by Arudou Debito

UN SPECIAL RAPPORTEUR JORGE A. BUSTAMANTE PRESS CONFERENCE MARCH 31, 2010, UNITED NATIONS INFORMATION CENTRE, TOKYO, JAPAN

PRESS RELEASE MARCH 31, 2010,

Transcribed by Arudou Debito, errors are his

UN MIGRANTS RIGHTS EXPERT URGES JAPAN TO INCREASE PROTECTION OF MIGRANTS

TOKYO – The UN expert on migrants’ human rights on Wednesday praised Japan for some of the measures it has taken to alleviate the impact of the economic crisis on migrants, but, based on information provided by civil society, he noted that it is still facing a range of challenges, including racism and discrimination, exploitation, a tendency by the judiciary and police to ignore their rights and the overall lack of a comprehensive immigration policy that incorporates human rights protection.

UN Special Rapporteur on the human rights of migrants, Mr. Jorge Bustamante, was speaking at the end of a nine-day visit to Japan, conducted at the invitation of the Government in order to observe and report on the human rights situation of migrants in the country.

In Tokyo, Nagoya, Toyota, and Hamamatsu, the Special Rapporteur met with Ministers, officials of central and local governments, international organizations, lawyers, school teachers, academics, members of civil society organizations, as well as migrant women and men and their children. He also visited the East Japan Detention Center, foreign schools and met with migrants’ associations. The Special Rapporteur expressed appreciation to the Government for its cooperation as well as to various organizations that provided support for his mission, in particular the International Organization for Migration and civil society.

The Special Rapporteur noted the Government’s efforts to address the seriousness of some of the human rights problems faced by migrant workers, in particular in the aftermath of the economic crisis. He cited, as positive examples, the launch of an emergency programme to teach the Japanese language to those migrant children who had to leave foreign private schools to attend Japanese free public schools as a result of the financial crisis, and the provision of financial support to some foreign schools recognized by the local Governments, saying these were “noteworthy measures to work towards realizing the right to education for migrant children”.

Mr. Bustamante said he had also learnt of some interesting programmes at the local level: These included placing interpreters subsidized by the national public employment agencies, and establishing funds (for example in Aichi prefecture) to which companies contribute in order to pay for Japanese lessons for their migrant workers and their children. The creation of th ecouncil of Cities with High Concentration of Foreign Residents, a forum where 27 municipalities gather to discuss how to better address the needs of migrants, is also a positive initiative, he said.

Nevertheless, the Special Rapporteur said, many challenges still need to be addressed by the Government in order to protect the human rights of migrants and their children. He listed some of the most important, along with some preliminary recommendations on how to improve the situation:

While Japan started receiving migrant workers 20 years ago, it has yet to adopt a comprehensive immigration policy that provides for the protection of migrants’ rights. A clear and comprehensive immigration policy should, therefore, be adopted, which would go beyond managing the entry and stay of migrants. It should establish institutionalized programmes designed to create the necessary conditions for the integration of migrants into Japanese society and the respect of their rights, including to work, health, housing and education, without discrimination. In this context, the ad hoc provisional measures recently adopted by the Government should be transformed into long-term policies.
Racism and discrimination based on nationality are still too common in Japan, including in the workplace, in schools, in health care establishments and in housing. As recommended by the UN Committee on the Elimination of Racial Discrimination, Japan should adopt specific legislation on the prevention and elimination of racial discrimination, since the current general provisions included in the constitution and existing laws are not effective in protecting foreign residents from discrimination based on race and nationality.
The industrial trainees and technical interns programme often fuels demand for exploitative cheap labour under conditions that constitute violations of the right to physical and mental health, physical integrity, freedom of expression and movement of foreign trainees and interns, and that in some cases may well amount to slavery. This program should be discontinued and replaced by an employment programme.
The Special Rapporteur heard recurring complaints about the fact that the judiciary does not recognize the rights off migrants as spelled out in national legislation but instead favours Japanese nationals. The Special Rapporteur was also informed by some migrants that the police in many instances refuse to address complaints submitted by migrants or that relate to conflicts between migrants, including complaints by foreign women on domestic violence. According to a number of migrants, urgent measures should be taken within the judiciary and law enforcement agencies to guarantee the effective implementation of the rights of foreigners without discrimination.
The policy of detention of irregular migrants raises a number of concerns, in particular in relation to the generalized policy of detaining irregular migrants, including asylum seekers, parents and children themselves, for prolonged periods – in some cases as long as two or three years – which amounts to de facto indefinite detention. Clear criteria should be established in order to limit detention to the cases where it is strictly necessary, avoiding detaining persons such as those who are ill or who are the parents of minor children. Importantly, a maximum period of detention pending deportation should be set, after which foreigners should be released. Moreover, there are serious concerns with regard to appropriate health care not being provided to migrants in detention centers, and the lack of effective mechanisms to monitor human rights violations occurring in detention centers, and to examine complaints.
The Special Rapporteur said he is concerned by the high incidence of domestic violence against migrant women and frequently against their children as well. He is particularly concerned by the fact that foreign women depend on their husbands for the renewal of their residence permits, even when they are victims of domestic violence, and that courts decide on children’s custody on the basis of the existence of these permits. Appropriate policies to protect and assist single mothers and their children who find themselves in this extremely vulnerable situation are lacking and should be adopted and implemented urgently.
A considerable number of migrant children in Japan do not attend school. Governmental efforts should be increased to facilitate that foreign children study either in Japanese or foreign schools, and learn Japanese. The Special Rapporteur heard many cases where parents of children born in Japan or who have lived there for up to 15 years have been recently deported or detained, resulting in the children being separated from their parents simply because of their irregular residence status. In accordance with the principle of the best interest of the child, families should not be separated.
The Special Rapporteur heard repeated complaints in relation to open discrimination against migrant workers by their private employers with regard to remuneration, promotion opportunities, access to health care for accidents in the workplace and threats of unfair dismissal. In many cases, migrant workers, both regular and irregular, informed that they are employed under precarious and discriminatory conditions, with temporary contracts that do not entitle them to access social security services. Therefore, special attention should be given to monitoring the conditions under which private companies employ migrant workers.

The report of the Special Rapporteur’s visit to Japan will be submitted to the United Nations’ Human Rights Council later in the year [NB: He said in the press conference Q&A that submission would be in September or October.]

ENDS

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

JAPANESE VERSION

* 移住者の人権に関する国連の特別報告者ホルヘ・ブスタマンテ氏は、9日間にわたる訪日調査を終えるにあたり、下記のプレスリリースを発表しました。

移住者の人権に関する国連専門家、訪日調査を終了
（仮訳*）
http://unic.or.jp/unic/press_release/1548/

移住者の人権に関する国連特別報告者は、経済危機が移住者へ与える影響を低減するために日本が採った措置を評価する一方で、市民団体から提供された情報によると、人種主義、差別や搾取が存在し、司法機関や警察に移住者の権利を無視する傾向があり、また人権の保護を含む包括的な入国管理政策が欠如しているなど、一連の課題が存在することに注目している。

国連移住者の人権に関する特別報告者ホルヘ・ブスタマンテ氏は、日本における移住者の人権状況を調査し、国連人権理事会に報告するため、日本政府の承認を得て、2010年3月23日～31日、訪日し、本日、9日間の日本滞在の最終日にあたり、以下の見解を表明する。

特別報告者は、東京、名古屋、豊田、浜松を訪れ、大臣、国や地方の行政機関及び国際機関の職員、弁護士、学者や教員、市民団体のメンバー及び移住女性・男性・子ども達と面談し、東日本入国管理センター、外国人学校、移住者団体等を視察した。特別報告者は、実態調査をするにあたり、日本政府や国際移住機関（IOM）、市民社会団体などの諸機関・団体に支援をいただいたことに、感謝の意を表明する。

特別報告者は、移住者が直面する人権問題の深刻さに対処するため日本政府が行っている努力、特に経済危機後に進めた取り組みに注目する。（１）金融危機の結果、私立の外国人学校を退学し、日本の公立学校に転入する移住者の子どものための日本語指導の実施、（２）地方行政により認可された一部外国人学校への助成などは、移住者の子どもが教育を受ける権利を実現する注目すべき取り組みであり、積極的な例として挙げられる。

さらに、地方行政レベルにおいても、国からの助成金を受けて公共職業安定所に通訳を配置したり、日本語学習支援基金の創設（愛知県など）により、企業が移住労働者やその子ども達向けの日本語学習教室を負担するなど、興味深い取り組みが進められていることが分かった、とブスタマンテ氏は述べた。移住者のニーズにどう対応すべきか議論する場として、27の自治体が集まって設けた、外国人集住都市会議も、また積極的な取り組みである、と特別報告者は述べた。

しかしながら、移住者及びその子どもの人権を保護するために、政府が取り組まねばならない課題も残されている、とブスタマンテ氏は述べた。状況改善に向けて最も重要性の高い懸念及び予備的な勧告として、以下のような課題が挙げられる。

○ 日本は、20年前から移住労働者を受け入れるようになったが、移住者の権利保護を保証する包括的な移民政策は実施されていない。移住者の上陸・在留を管理するだけでなく、移住者の社会統合及び就労・医療・住宅・教育を含む、移住者の権利を尊重する条件を、差別なく作り上げる制度を実現するための、明確かつ包括的な移民政策の実施が必要である。日本政府による、近年の一時的なその場しのぎの措置は、長期的な政策に変換していく必要がある。

○ 国籍に基づく人種主義及び差別意識は、日本に未だ根強く、職場、学校、医療施設、住宅などにおいて見られる。国連の人種差別撤廃委員会が勧告で示したように、外国人住民を人種又は国籍に基づく差別から、効果的に保護する規定が、憲法や現行の法律に欠けているため、人種差別の撤廃と防止のための特別な法整備が求められる。

○ 研修・技能実習制度は、往々にして研修生・技能実習生の心身の健康、身体的尊厳、表現・移動の自由などの権利侵害となるような条件の下、搾取的で安価な労働力を供給し、奴隷的状態にまで発展している場合さえある。このような制度を廃止し、雇用制度に変更すべきである。

○ 特別報告者は、司法組織が国内法の規定に従い、移住者の権利を認めるべきであるにも関わらず、日本人を優遇しがちであるとの証言を多く聞いた。また、警察が外国人による苦情、又は移住者同士の争いなどに対応しない（外国人女性が関わるDVの案件を含む）という実情も移住者から聞いた。一部の移住者によると、司法・法執行機関内で、外国人の権利が差別なく実質的に保障されるよう、緊急な対策が必要である。

○ 非正規滞在の移住者に対する収容政策、特に庇護希望者、子どもの保護者及び子ども自身を含む、非正規滞在者の全体収容主義、また場合によっては２～3年という事実上無期限収容に相当する長期収容が存在することなどに懸念を表明する。収容を必要な場合のみに制限し、病気を患う者、未成年者の保護者などの収容は避けることができるよう、明確な基準を示すべきである。退去強制過程における最大収容期間を定め、期間が満了した時点で、被収容者を解放すべきである。さらに、収容所において適切な医療が提供されていない、人権侵害に対する有効な不服申し立て及び監視制度がないことも深刻な懸念材料と言える。

○ 特別報告者は、移住女性及び往々にその子どもに対する家庭内暴力（DV）の頻発に懸念を表明する。外国人女性が、たとえDVの被害者であっても、在留資格の更新において夫の協力に頼らなければならない状況や、またその在留資格の有無に基づいて、子どもの親権が裁判で定められる状況に、特に懸念を表明する。非常に弱い立場に置かれた、シングル・マザー及びその子どもの保護・支援のための適切な政策が不足している。至急、政策を策定し、実施するべきである。

○ 多くの外国人の子どもが、日本において不就学の状況にある。外国人の子どもが、外国人学校又は日本の学校で学べるよう、また日本語を効果的に学習できるよう促進する措置を、政府は強化するべきである。特別報告者は、日本で生まれ、10～15年間暮らしていた子どもの親が、退去強制処分となったり、収容されたりし、非正規滞在という在留資格のみに基づいて、親子が離れ離れになった数々の実態を聞いた。子どもの最善の利益の原則に則り、家族は分離されてはならない。

○ 特別報告者は、移住労働者に対する民間雇用者による雇用、昇格機会、労災の際の医療へのアクセス、不当な解雇脅迫における明らかな差別の状況を聞いた。正規・非正規を問わず、移住労働者は多くの場合、短期契約で働いているため、不安定で差別的な条件で雇われ、社会保障及び医療サービスへのアクセスがないと信じている。民間企業が移住労働者の雇用条件を監視する制度に、特別な注意を払うべきである。

今回の訪日の報告書は、国連人権理事会の年内のセッションに提出する予定である。

＊＊＊＊　＊

＊この仮訳は、国連人権高等弁務官事務所（OHCHR）が作成しました。

ends

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

Posted on March 31, 2010April 1, 2010 by Debito Arudou, Ph.D.

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BUSTAMANTE PRESS CONFERENCE MARCH 31, 2010, UNITED NATIONS INFORMATION CENTRE
By Arudou Debito, exclusive to Debito.org

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

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

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

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

He debriefed the Japanese Government today before his press conference.

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

[display_podcast]

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

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

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

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

Posted on March 30, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Success at last, for some. For less than one percent of all the NJ nurses brought over on a special trilateral visa program, to help care for Japan’s aging society, we have some overcoming quite difficult hurdles to stay — including passing a difficult Japanese nursing exam within three years that challenges even native speakers. For the overwhelming majority of NJ, however, it’s bye bye and thanks for your three years of unsupported toil, and we look forward to replacing you with more dupes on yet another GOJ revolving-door work visa plan. More on the difficulties of the nursing program in the words of the nurses themselves on Debito.org here. Arudou Debito in Tokyo

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1st foreign nurses pass national exam

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

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

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

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

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

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

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

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

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

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

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

More language help needed

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

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

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

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

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

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

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

ENDS

Japan Times: UN Rep Bustamante meets Calderon Noriko, comments on GOJ harsh visa system that separates families

Posted on March 29, 2010March 29, 2010 by Debito Arudou, Ph.D.

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Hi Blog . The Japan Times reported UN Special Rapporteur Bustamante’s interim comments during his current-two-week fact-finding mission to Japan, particularly as pertains to the GOJ visa system that deports people even if it means splitting apart families (cf. the Calderon Noriko Case).

Dr Bustamante takes a very dim view of this below. He will also be giving a press conference this Wednesday, March 31. I hope the information we at FRANCA provided him last week will also be factored into his statements and advice. Arudou Debito in Tokyo

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The Japan Times, Sunday, March 28, 2010
Deportation rule troubles U.N. official (excerpt)
By MASAMI ITO, Staff writer, Courtesy of John in Yokohama
http://search.japantimes.co.jp/cgi-bin/nn20100328a2.html

A recent government decision to deport only the parents of families without residency status, thus separating children from their mothers and fathers, flies in the face of the Universal Declaration of Human Rights, Jorge Bustamante, the United Nations special rapporteur on the human rights of migrants, said Saturday in Tokyo.

Fact-finding: Jorge Bustamante, the United Nations special rapporteur on the human rights of migrants, greets Noriko Calderon, the daughter of a deported Filipino couple, in Tokyo Saturday. Lawyer Shogo Watanabe, who represents her family, also attended the meeting. KYODO PHOTO

Bustamante, who is on his first official fact-finding mission to Japan, is meeting with government officials, nongovernmental organizations, legal experts and foreign residents, and is expected to submit a report on Japan to the U.N. Commission on Human Rights.

On Saturday, he met with residents caught in the deportation dilemma — among them Noriko Calderon, a 14-year-old girl who was born in Japan to an undocumented Filipino couple. Calderon’s case drew media attention when her parents were deported last spring.

“It is very difficult to live separated from my parents, and I miss them very much,” Calderon said. “But I hope that one day, all three of us can live in Japan together and I plan to do my best” to realize that goal.

Bustamante expressed concern over the separation of families and said he would cite the situation in his report.

“It’s going to be made public,” Bustamante told the gathering. “And this, of course, might result in an embarrassment for the government of Japan and therefore certain pressure (will be) put on the government of Japan.”

Rest of the article at
http://search.japantimes.co.jp/cgi-bin/nn20100328a2.html

ENDS

Sunday Tangent: Japan Times on staggering the Golden Week holidays across the archipelago

Posted on March 28, 2010March 28, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Here’s a neat (in the American sense) proposal bouncing around to stagger Golden Week so that the holidays essentially follow the seasons as they progress up the archipelago. For the record, I think it’s a great idea (I am so fed up of having crappy weather during the GW holidays in Hokkaido; can’t do much outside yet, don’t want to go anywhere and face the crowds; and little money to do so even if I did), and would like to see it put into practice.

I don’t see how anyone would object (except for perhaps the tourist industry itself, which might oddly enough prefer to keep charging peak rates.) That said, when it was first floated on TV’s Toku Da Ne a couple of weeks ago, the (old fart) panel was almost uniformly against it! Some said they don’t take any holiday during that time period anyway (oh, that’s thinking outside of your lifestyle!), and head anchor Ogura even woodenheadedly said, “What would the media call the holiday? I can’t think of a name. So I oppose it.” That’s one reason I don’t bother watching the self-indulgent and intellectually incestuous Toku Da Ne much anymore.

Excerpt follows from the Japan Times on how the plan would work. What do others think? Arudou Debito in Tokyo

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Japan Times Sunday, March 21, 2010
Moves afoot to make Japanese holidays a pleasure not a pain

By TOMOKO OTAKE Staff writer

http://search.japantimes.co.jp/cgi-bin/fl20100321x3.html

A Japan Tourism Agency panel headed by Vice Land, Infrastructure, Transport and Tourism Minister Kiyomi Tsujimoto is currently discussing ways to divide the nation into five different zones whose Golden Week holidays would be staggered by zone. The panel is also calling for the creation of a five-day holiday in the autumn — a so-called Silver Week — that would again be staggered by region and spread over five different periods.

In one of the two proposals on the table, Golden Week and Silver Week would be spread over five weeks, instead of one week; while the other proposal would, more confusingly, see the five zonal Golden Week and Silver Week periods overlapping each other a little to occupy a total span of 2 1/2 weeks each.

However, the changes — which would require legal amendments to national holiday laws, but which could be introduced as early as 2012 — do not mean Japan’s salaried workers will get more holidays. Instead, some of the existing national holidays would simply be moved to different dates, while keeping the original ones — such as Constitution Day on May 3, Green Day on May 4 and Children’s Day on May 5 — as non-holiday “memorial days.”

The agency’s logic goes like this. If people travel at different times, the yawning gap in travel costs between the peak and off-peak seasons would become smaller, making tourism affordable for more people. Tourists would also likely enjoy their vacations more, as they would experience less frustrating congestion, and so they would feel more inclined to travel more frequently and thus end up pumping more money into the tourism-related sectors of the economy. This would also help to stabilize the employment of people working in these sectors.

Full article at http://search.japantimes.co.jp/cgi-bin/fl20100321x3.html

ENDS

Assn of Korean Human Rights RYOM Munsong’s speech text to UN Rep Bustamante, March 23

Posted on March 27, 2010March 27, 2010 by Debito Arudou, Ph.D.

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Hi Blog. What follows is a speech by Mr RYOM Munsong, read and presented to UN Special Rapporteur for the Human Rights of Migrants, Dr. Jorge Bustamante, just before I did on March 23 (my speech here). I have offered Debito.org as a space for Japan’s presenting NGOs to release their information to the general reading public. Read on. Arudou Debito in Tokyo.

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Association of Korean Human Rights in Japan

ブスタマンテ国連特別報告者との意見交換会

場所：衆議院第二議員会館第三会議室

日時：2010年3月23日

報告者：廉文成（RYOM Munsong）

Good afternoon, Dr. Bustamante, thank you very much for sparing us time to introduce human rights situation of Koreans in Japan. Today, I would like to talk about xenophobic movements against Korean school at grass-roots level and current Japanese government’s decision to exclude Korean school from new high school tuition-free measures.

Let me show you video picture.

This is the picture of assault against Korean primary school in Kyoto by one of the grass-roots right-wing organizations named “Citizen’s Group against Special Rights for Zainichi (foreigners in Japan)”, shortened to “Zaitokukai.” This group opposed what it calls ‘special rights’ for Koreans in Japan.

As you can watch, they shouted abusive words just in front of primary school. At that time, primary school students were studying in the school building. They might be frightened by their dirty words and violent behavior. They terrified Korean school children based on xenophobia. It is the violation of the rights of children to study without any physical and mental persecution.

Such kinds of assault should not be taken place. Furthermore, Japanese authorities should keep such human rights violations under strict control. What is more serious is that not a single member of this group was arrested by the Japanese police, which means that such assaults are not illegal in Japan under the pretext of freedom of speech or something. Xenophobia and human rights violations against foreigners can be observed at the grass-roots level.

By the way, let me briefly introduce the reason why Koreans are living in Japan. We, Koreans in Japan, are the offspring of those who came to Japan during the colonial period. Some were forcibly conscripted or taken as manual labour, others came to Japan to find the way to live. According to the statistics of the then Ministry of Home Affairs, about 30,000 Koreans lived in Japan in 1920, the number had increased by 300,000 in 1930. In 1945, the population of Koreans in Japan had reached around 2,400,000. On the whole, the first generation of Koreans in Japan originated from Japanese colonial rule.

Having such history, Koreans in Japan have established many Korean schools. Now, there are about 70 Korean schools; including one university and 10 high schools. The forerunner of Korean school was “training school for Korean language”, established just after the liberation all over Japan. The main purpose of this school was to teach Korean children their own language, culture and history so that their children could live when they went back to their country. They just wanted to get back Korean identities as Korean education was prohibited during colonial period. Although many Koreans went back to their fatherland after liberation, 600,000 to 800,000 Koreans remained in Japan. As time goes by, “training school for Korean language” developed into Korean school of today. Now, the main purpose of Korean school is to educate Korean students to live in Japan as Koreans with Korean identities.

However, Korean schools are still legally categorized as miscellaneous school like driving school. Despite the fact that they are socially recognized as schools with the same level of educational contents as average Japanese ones, they receive quite fewer amounts of educational assistance than that of Japanese private ones. The biggest factor should be absence of state subsidy from the government.

Furthermore, despite the fact that preferential treatments in the taxation system on donation to schools (reduction and exemption of tax for donors) are adopted not only to Japanese schools but also to international schools of western countries, this qualification is not granted to Korean schools. In addition, parents of Korean schools remain being excluded from the object in many scholarship systems.

On this issue, the UN Human Rights Committee issued several recommendations. I will introduce the latest recommendation of 2008. When the UN Human Rights Committee considered the fifth periodic report on International covenant on civil and political rights submitted by Japan (CCPR/C/JPN/5), the members of the committee expressed their concerns on the situation of Korean school students saying that “The Committee is concerned that state subsidies for schools that teach in the Korean language are significantly lower than those for ordinary schools, making them heavily dependent on private donations which are not exempted or deductible from taxes, unlike donations to private Japanese schools or international schools”. And the committee made recommendation saying that Japan “should ensure the adequate funding of Korean language schools, by increasing state subsidies and applying the same fiscal benefits to donors of Korean schools as to donors of other private schools, and recognize diplomas from Korean schools as direct university entrance qualifications.” (CCPR/C/JPN/CO/5)

To my regret, despite several efforts for the improvement of status of Korean school in Japan, they still suffer from economic difficulty.

Last year, when the Democratic Party of Japan (DPJ) came into power, it declared their tuition-free subsidy program of high schools. It was one of DPJ’s central campaign pledges during last August’s general election. The Diet is deliberating on a bill to make public high school tuition free and provide ¥120,000 yearly to those attending private schools or certified educational institutions. Schools for foreign students are considered eligible for the subsidy if they are deemed “the equivalent of Japanese high schools”. At the beginning, Korean schools were also included as beneficiary of this program. Last month, however, Hiroshi Nakai, minister in charge of the abduction issue, asked education minister to bar Korea schools from the planned tuition-free subsidy program saying that “If the government decided to designate Korean schools as beneficiaries of the subsidy program in addition to others, it would be tantamount to providing effective economic aid to North Korea, although Japan has applied its own sanctions to that country (in addition to U.N. sanctions)”. (The Japan Times, February 22, 2010)[1]

At last, the government of Japan decided to exclude Korean schools from high school tuition-free measures, and left the ultimate decision up to an assessment body to be established before long. This assessment body seems to examine whether the curriculum of Korean schools are comparable to the standard high school curriculum despite the fact that most of universities in Japan have received Korean school graduates. Furthermore, all of Korean schools are classified as the miscellaneous school under School Education Act, and other foreign schools of miscellaneous category are included in this program. Only Korean schools are excluded because of diplomatic situation between Tokyo and Pyongyang. Abduction issues or nuclear weapons have nothing to do with Korean school students in Japan. We cannot help regarding this decision as racial discrimination toward Korean people.

Given such a situation, the U.N. Committee on the Elimination of Racial Discrimination expressed concern about discriminatory policy towards Korean school students. In a report, issued on 16th of this month, the CERD committee expressed concern on “the continued incidence of explicit and crude statements and actions directed at groups including children attending Korean schools.” Moreover, the committee expressed concern not only on “the differential treatment of schools for foreigners and descendants of Korean and Chinese residing in Japan, with regard to public assistance, subsidies and tax exemptions” but also “the approach of some politicians suggesting the exclusion of North Korean schools from current proposals for legislative change in Japan to make high school education tuition free of charge in public and private high schools, technical colleges and various institutions with comparable high school curricula.” The panel recommended the government of Japan to “ensure that there is no discrimination in the provision of educational opportunities”.

As a country which has ratified several human rights conventions, the government of Japan should respect and ensure the rights of minorities. Korean schools which were established to restore ethnicity which was deprived during the colonial period and to succeed it to the next generation should be the subject for positive support.

In my opinion, government’s decision not to grant any substitute to Korean school is made based not only on diplomatic relation between two countries but also on their discriminatory idea towards Korea.

Finally, let me introduce media reports on this issue. Some Japanese newspapers also oppose government’s decision to exclude Korean school from this program. The Asahi Shimbun newspaper (on February 24 and March 8 ) and The Japan Times (on March 14) carried their editorials to oppose government’s decision. These are the copy of them. I think their opinions are not pro-Pyongyang (and still contain bias), but quite reasonable and common-sense views from the perspective of universal value of human rights.

Thank you very much for your attention.

[1] http://search.japantimes.co.jp/cgi-bin/nn20100222a2.html

ENDS

FRANCA meeting with UN Rep Bustamante yesterday: How it went, with photos

Posted on March 24, 2010March 24, 2010 by Debito Arudou, Ph.D.

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Hi Blog. As you know, as representative of NGO FRANCA I met with Special Rapporteur for the Human Rights of Migrants Dr Jorge A. Bustamante on March 23, 2010. Here’s a briefing:

Starting from 9AM at one of the Diet Lower House meeting rooms, I sat in as Amnesty International Japan and Solidarity with Migrants Japan made their cases about how NJ are being treated badly by the media, the government, and labor policy. Dr Bustamante asked a lot of questions and wanted statistics, particularly about the death rates for migrant workers (we were all surprised; he said that in other developed countries those statistics were available at the government level, something inconceivable to us). After 45 minutes, he went off to meetings with GOJ officials.

We were supposed to meet again for another 45 minutes from 1PM, but Dr Bustamante arrived more than twenty minutes late. (This is a typical GOJ trick so the NGOs get less time; if NGOs go overtime, they become the object of criticism, but if the GOJ goes overtime, nobody complains but the NGOs.) A representative from the Zainichi Koreans, an academic from Korea University (Kodaira, Tokyo) named Mr RYOM Munsong, kept his speech to 12 minutes, I kept mine to twelve as well (we had timers), and mixed our powerpoint with movie and speech.

As far as I went, I was able to squeeze in my full introduction and two of my five bullet issues, then had to skip to the end with the entreaty to not see NJ as “temporary migrant workers” but “immigrants” (read entire speech here). But I was very disappointed that we had virtually no time for Q&A (Dr Bustamante looked tired), and that all that preparation was cut short because we were keeping our promises with the scheduling and the GOJ was not.

Some photos from the proceedings:

Morning session with Dr. Bustamante [removed by request]:

Afternoon session:

Mr RYOM Munsong from Korea University gives his powerpoint. I sit back and get out of the way so the media could film him. Note fat blue folder on table just itching to be given to Dr. Bustamante.

Then I’m on:

Second from right is Dr Bustamante, with Ms Valentina Milano, Human Rights Officer, OHCHR.

I have to barnstorm through; I finish in 12 minutes 58.9 seconds. Note mp3 recorder and iPod timer. I’ll have a recording of my speech as my next DEBITO.ORG PODCAST up in a couple of weeks. If you want to see the powerpoint for yourselves, click https://www.debito.org/FRANCABustamantepresentation032310.ppt. Table of contents with links to all articles at https://www.debito.org/?p=6201.

The good news is that everything I wanted to say, even if i did not say it, is on paper or online. Everything, including that fat folder, is now in Dr Bustamante’s hands.

It’s heavy schlepping this around Japan.

Genuine Monbetsu “Japanese Only” sign enclosed as a souvenir.

Everything completely indexed and categorized for ease of reading.

This is FRANCA at work. Join us for our meeting this coming Saturday in Tokyo.

I was a bit dejected, so to make sure the day wasn’t a total wipeout, I went to the Diet building (they’ve only recently opened up tours of the Lower House) and took a free hourlong tour.

It wasn’t much (the Upper House, which I’ve done three times, is much better, and much friendlier), as the cop who acted as our tour guide was practically inaudible, and the attitude was “let’s get this crowd out of here as quickly as possible” (I happened to join three tour busses; the Hato Bus tour guide also agreed the Upper House is much better). Then I came back to Gotanda, had authentic Chinese takeout, and retired to write this all up.

I’ll probably be attending more meetings with NGOs tomorrow as an observer. If there is anything of note, or any statements from the NGOs they want made public here, I’ll have them up soon.

Thanks to everyone for your input!

Arudou Debito in Tokyo

Japan Times on Ibaraki Detention Ctr hunger strikers: GOJ meeting because of UN visit?

Posted on March 22, 2010March 22, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Addendum to yesterday’s post on the Ibaraki Gaijin Tank Hunger Strikers and the upcoming meetings with the government. The Japan Times has put out another article, which I will excerpt from. It also hints at the timing of it, wondering whether it’s due to Special Rapporteur Bustamante (to whom I will be talking tomorrow, wish me luck) visiting Japan. Which means, once he leaves, things go back to the ignored normal? Fortunately, according to the article below, we have some traction within the ruling party on this issue as well, so let’s hope in the end we see progress. Although, as noted before, Japan’s police forces have quite extreme (and unaccountable) powers, especially as regards treatment of NJ, so unless some legal changes are made to this largely extralegal system itself, the amount of oversight necessary in an already abusive system is pretty demanding. Arudou Debito in Sendai

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The Japan Times Monday, March 22, 2010
Immigration detainees end hunger strike
Osaka center staff to meet inmates (excerpt)
By ERIC JOHNSTON Staff writer
http://search.japantimes.co.jp/cgi-bin/nn20100322a1.html

[scroll down] Justice Minister Keiko Chiba said at the meeting that 71 detainees were refusing to eat and that the reasons for the hunger strike were being investigated. He also said the issue of temporary release had to treated carefully.

“We have to thoroughly discuss the issue of temporary release for long-term detainees, and the reasons for deciding whether to grant such release,” Chiba said.

The hunger strike was brought up by Azuma Konno of the ruling Democratic Party of Japan, who noted that the West Japan facility had been the site of temporary release and other troubling disputes in the past.

On Jan. 1, 2008, an Indian detainee was found dead in the center after allegedly committing suicide, while between 2000 and 2004, a Kyodo News investigation found that 23 detainees had attempted suicide.

“Unless there is a strong policy for dealing with the issue of temporary release applications, (hunger strikes) could be repeated,” Konno said.

In addition, the timing of a United Nations visit may have prodded the center into agreeing to the Tuesday meeting.

Jorge Bustamante, the U.N.’s special rapporteur on the human rights of migrants, will meet in Tokyo on Wednesday with former detainees who waged hunger strikes.

Full article at http://search.japantimes.co.jp/cgi-bin/nn20100322a1.html

UPDATE: Ibaraki Detention Center Hunger Strikers pause strike, arrange meetings

Posted on March 21, 2010 by Debito Arudou, Ph.D.

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Hi Blog. Just got this from Sano-san regarding the hunger strikers in the Ibaraki Immigration Gaijin Tank who are protesting for better conditions, visa consideration, and release, as they are not criminals. More background here and here. Debito in Morioka.

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From: hkajihara@hotmail.com
Subject: hunger strike suspended
Date: March 20, 2010 10:51:12 PM JST

Dear all,

The detainees decided to suspend their hunger strike temporarily.
They had dinner on Friday, the 19th.
They have decided two things 1) volunteers and detainees are going to negotiate with the center starting from Tuesday on March, 23rd.
2) if their demands are turned down, they will re-start the hunger strike.

In the background of this, a member of a House of Councilors, Konno Azuma, questioned about the hunger strike to the Minister of Justice (Keiko Chiba) at a national assembly.
He also referred to factual investigation.
Media has picked up the story of the hunger strike, and it strongly influenced the center.
I thinks our society begins to have more understanding and recognition of how serious this issue is.
This is the first time for the center to give in, and negotiate with detainees.

This is all for today.
I will be meeting some detainees and will update more on Tuesday.
Thank you for your support, and wish us luck!

Hiromi Sano
ENDS

Japan Times update on current J child abductions after divorce & Hague Treaty nego: USG still pressuring GOJ

Posted on March 20, 2010 by Debito Arudou, Ph.D.

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Hi Blog. The following Japan Times article wouldn’t normally be put up on Debito.org yet because the negotiation is ongoing (covering much the same argumentative ground as already reported here), and nothing necessarily decisive has been decided. However, a new development in the USG’s constant-looking pressure on the GOJ to sign the Hague, and do something about its citizens using Japan as a haven for child abductions after divorce, is the fact that somebody official is bothering to answer the GOJ claim that obeying the Hague would mean sending back J children to be endangered by an abusive NJ parent (I’ll take that as a slur, thank you very much). Excerpts from the JT article below. Arudou Debito in Morioka.

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DPJ rule raises Hague treaty-signing hope
‘Left-behind parent’ urges Japan to side with child-abduction pact
By MASAMI ITO
The Japan Times: Thursday, March 18, 2010 (excerpt)
http://search.japantimes.co.jp/cgi-bin/nn20100318f1.html

… Article 1 of the Hague Convention states that its objective is “to secure the prompt return of children wrongfully removed to or retained in any Contracting State.” At present, there are 82 signatory states, including Canada, the United States and Great Britain. Of the Group of Eight countries, only Japan and Russia have not signed the treaty.

“There is a part of this convention that is alienated from the Japanese legal system,” the Foreign Ministry said in a written reply to The Japan Times. “In concluding this convention, there are several issues that need to be thoroughly discussed, including the consistency with our country’s judicial system on families.”

Under Japanese law, only one parent gets custody over children after a divorce, whereas rulings on joint custody are often seen in Europe and the United States. But with the number of international marriages on the increase and a rise in divorces as well, Japan faces increasing international pressure to change the current system and sign the convention.

Last month, Kurt Campbell, U.S. assistant secretary of state for East Asian and Pacific affairs, brought up the issue during his meetings with Japanese officials in Tokyo and even held a special news conference on the topic at the U.S. Embassy.

“The U.S. government places the highest possible priority on the welfare of children who have been victims of international parental child abduction and strongly believes that children should grow up with access to both parents,” Campbell told reporters. […]

One key concern often cited in the Japanese media is cases of domestic violence in which mostly Japanese women are fleeing their abusive husbands and bringing their children to Japan to protect them.

But Article 13 of the convention stipulates that children do not need to be returned if there is a risk that the return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”

[Raymond Baca, the consul general of the U.S. Embassy in Tokyo, who has a rather unfortunate name,] said: “There is this perception out there, and I believe it’s widely held, that if Japan joined or acceded to the Hague Convention, that Japanese parents here would be required to send their children back to an abusive environment.

“It’s important to point out that there are explicit safeguards against this within the Hague Convention,” he said.

Full article at
http://search.japantimes.co.jp/cgi-bin/nn20100318f1.html

ENDS

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

Posted on March 19, 2010March 19, 2010 by Debito Arudou, Ph.D.

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

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

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

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

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

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

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

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

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

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

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

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

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

Here are examples I will talk briefly about now:

1) Discrimination in housing and accommodation

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

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

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

5) Objects of unfettered hate speech

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

1) Discrimination in housing and accommodation

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

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

2) Racial Profiling by Japanese Police

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

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

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

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

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

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

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

5) Objects of unfettered hate speech

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

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

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

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

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

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

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

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

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

ENDS

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

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

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

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

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

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

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

ENDS

UN CERD Recommendations to GOJ Mar 2010 CERD/C/JPN/CO/3-6, takes up our issues well

Posted on March 18, 2010March 18, 2010 by Debito Arudou, Ph.D.

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Hi Blog. The United Nations Convention on the Elimination of Racial Discrimination (CERD) Committee just issued its latest recommendations to the GOJ on March 16, stating what Japan should be doing to abide by the treaty they effected nearly a decade and a half ago, in 1996.

Guess what: A lot of it is retread (as they admit) of what the CERD Commitee first recommended in 2001 (when Japan submitted its first report, years late), and Japan still hasn’t done.

To me, unsurprising, but it’s still nice to see the UN more than a little sarcastic towards the GOJ’s egregious and even somewhat obnoxious negligence towards international treaties. For example, when it set the deadline for the GOJ’s answer to these recommendations for January 14, 2013, it wrote:

UN: “Noting that the State party report was considerably overdue, the Committee requests the State party to be mindful of the deadline set for the submission of future reports in order to meet its obligations under the Convention.”

Again, some more juicy quotes, then the full report, with issues germane to Debito.org in boldface. Arudou Debito in Sapporo

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7. The Committee notes with concern that insufficient information regarding the concrete measures for the implementation of its previous concluding observations (2001) was provided by the State Party and regrets their overall limited implementation as well as that of the Convention as a whole.

The Committee notes the State party’s view that a national anti-discrimination law is not necessary and is concerned about the consequent inability of individuals or groups to seek legal redress for discrimination (art. 2) [meaning under current Japanese law, FRANCA cannot sue the Sumo Association for its recent racist rules counting foreign-born sumo wrestlers as foreign even if they naturalize. Nor will Japan allow class-action lawsuits. The UN says this must change.] The Committee reiterates its recommendation from previous concluding observations (2001) and urges the State party to consider adopting specific legislation to outlaw direct and indirect racial discrimination…

13. […] The Committee reiterates its view that the prohibition of the dissemination of ideas based upon racial superiority or hatred is compatible with freedom of opinion and expression and in this respect, encourages the State party to examine the need to maintain its reservations to article 4 (a) and (b) of the Convention with a view to reducing their scope and preferably their withdrawal. The Committee recalls that the exercise of the right to freedom of expression carries with it special duties and responsibilities, in particular the obligation not to disseminate racist ideas and calls upon the State party once again to take into account the Committee’s general recommendations No. 7 (1985) and No. 15 (1993)…

14. […] the Committee reiterates its concern from previous concluding observations (2001) that discriminatory statements by public officials persist and regrets the absence of administrative or legal action…

22. (b) […] the principle of compulsory education is not fully applied to children of foreigners in the State party in conformity with articles 5 (e.v) of the Convention; 28 of the Convention on the Rights of the Child; and 13 (2) of the Convention on Economic, Social and Cultural Rights, all of which Japan is a party;

24. The Committee expresses its concern about cases of difficulty in relations between Japanese and non-Japanese and in particular, cases of race and nationality-based refusals of the right of access to places and services intended for use by the general public, such as restaurants, family public bathhouses, stores and hotels, in violation of article 5 (f) of the Convention (art. 2, 5).

The Committee recommends that the State party counter this generalized attitude through educational activities directed to the population as a whole and that it adopt a national law making illegal the refusal of entry to places open to the public.

29. The Committee encourages the State party to consider making the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.

From http://www2.ohchr.org/english/bodies/cerd/cerds76.htm

Word format file on this downloadable from https://www.debito.org/CERDCJPNCO36Mar2010.doc

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CERD/C/JPN/CO/3-6

Distr.: General

16 March 2010

Original: English

ADVANCE UNEDITED VERSION

Committee on the Elimination of Racial Discrimination

Seventy-sixth session

15 February- 12 March 2010

Consideration of reports submitted by states parties under article 9 of the Convention

Concluding observations of the Committee on the Elimination of Racial Discrimination

Japan

1. The Committee considered the combined third to sixth reports of Japan (CERD/C/JPN/3-6) at its 1987^th and 1988^th meetings (CERD/C/SR.1987 and CERD/C/SR.1988), held on 24^th and 25^th February 2010. At its 2004^thand 2005^th meetings (CERD/C/SR.2004 and CERD/C/SR.2005), held on 9 March 2010, it adopted the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the third to sixth periodic reports by the State party. It expresses its appreciation for the constructive dialogue held with the large delegation, the written replies provided to the list of issues and the oral replies to the questions posed by Committee members, which together provided further insights into the implementation of the rights in the Convention. Noting that the State party report was considerably overdue, the Committee requests the State party to be mindful of the deadline set for the submission of future reports in order to meet its obligations under the Convention.

B. Positive aspects

3. The Committee notes with interest the State party’s pilot resettlement program for Myanmar refugees (2010).

4. The Committee welcomes the support of the State Party to the United Nations Declaration on the Rights of Indigenous Peoples (September 2007).

5. The Committee congratulates the State party for the recognition of the Ainu people as an indigenous people (2008) and notes with interest the creation of the Council for Ainu Policy (2009).

6. The Committee notes with appreciation the adoption of regulations against illegal and harmful information on the Internet, including the revised Guidelines for Defamation and Privacy (2004), the Provider Liability Limitation Law (2002) and the Model Provision for Contracts related to Actions against Illegal and Harmful Information (2006).

C. Concerns and recommendations

7. The Committee notes with concern that insufficient information regarding the concrete measures for the implementation of its previous concluding observations (2001) was provided by the State Party and regrets their overall limited implementation as well as that of the Convention as a whole.

The State Party is encouraged to comply with all recommendations and decisions addressed to it by the Committee and to take all necessary steps to ensure that national legal provisions further the effective implementation of the Convention.

8. While noting existing national and local provisions guaranteeing equality before the law, including article 14 of the Constitution, the Committee highlights that the grounds of discrimination in article 1 of the Convention are not fully covered. Further, while the Committee regrets the State party’s interpretation of racial discrimination based on descent, it is encouraged by information on steps taken by the State party in the spirit of the Convention to prevent and eliminate discrimination against Burakumin (art. 1).

The Committee maintains its position expressed in general recommendation No. 29 (2002) “that discrimination based on ‘descent’ has a meaning and application which complement the other prohibited grounds of discrimination and includes discrimination against members of communities based on forms of social stratification and analogous systems of inherited status which nullify or impair their equal enjoyment of human rights.” Moreover, the Committee reaffirms that the term “descent” in article 1, paragraph 1, the Convention does not solely refer to “race” and that discrimination on the ground of descent is fully covered by article 1 of the Convention. The Committee, therefore, urges the State party to adopt a comprehensive definition of racial discrimination in conformity with the Convention.

9. The Committee notes the State party’s view that a national anti-discrimination law is not necessary and is concerned about the consequent inability of individuals or groups to seek legal redress for discrimination (art. 2).

The Committee reiterates its recommendation from previous concluding observations (2001) and urges the State party to consider adopting specific legislation to outlaw direct and indirect racial discrimination, in accordance with article 1 of the Convention, and to cover all rights protected by the Convention. It also encourages the State party to ensure that law enforcement officials approached with complaints of racial discrimination have adequate expertise and authority to deal with offenders and to protect victims of discrimination.

10. While noting with interest that the State party held consultations and informal hearings with non-governmental organizations and other groups in the drafting of the report, the Committee regrets the limited opportunities for collection and exchange of information with such organizations and groups.

The Committee notes the positive contributions made in the field of human rights and the role played by non-governmental organizations (NGOs) in Japan and encourages the State party to ensure the effective participation of NGOs in the consultation process during the preparation of the next periodic report.

11. The Committee notes the information provided by the State party on the composition of the population but regrets that the available body of data does not allow for an adequate understanding and assessment of the situation of vulnerable groups in the State party.

The Committee, in accordance with paragraphs 10 and 12 of its revised reporting guidelines (CERD/C/2007/1) as well as its general recommendations No. 8 (1990) on the interpretation of article 1 of the Convention and No. 30 (2004) on discrimination against non-citizens, recommends that the State party conduct research into languages commonly spoken, mother tongue or other indicators of diversity of the population together with information from social surveys, on the basis of voluntary self-identification, with full respect for the privacy and anonymity of the individuals concerned, in order to evaluate the composition and situation of groups within the definition of article 1 of the Convention. The Committee further encourages the State party to provide updated disaggregated data on the non-citizen population in its next periodic report.

12. While taking account of the State party’s commitment to consider the establishment of a national human rights institution in accordance with the Paris Principles (General Assembly resolution 48/134), the Committee regrets the repeal of the proposed Human Rights Protection Bill, which included provisions for the establishment of a human rights commission, as well as the delays and overall absence of concrete actions and time frame for the establishment of an independent national human rights institution. The Committee also notes with concern the lack of a comprehensive and effective complaints mechanism (art. 2).

The Committee encourages the State party to draft and adopt a human rights protection bill and promptly establish a legal complaints mechanism. It also urges the establishment of a well-financed and adequately staffed independent human rights institution, in compliance with the Paris Principles, with a broad human rights mandate and a specific mandate to address contemporary forms of discrimination.

13. While noting the explanations provided by the State party, the Committee is concerned by the reservations to articles 4 (a) and (b) of the Convention. The Committee also notes with concern the continued incidence of explicit and crude statements and actions directed at groups including children attending Korean schools as well as harmful, racist expressions and attacks via the Internet aimed, in particular, against Burakumin (arts. 4a, 4b).

The Committee reiterates its view that the prohibition of the dissemination of ideas based upon racial superiority or hatred is compatible with freedom of opinion and expression and in this respect, encourages the State party to examine the need to maintain its reservations to article 4 (a) and (b) of the Convention with a view to reducing their scope and preferably their withdrawal. The Committee recalls that the exercise of the right to freedom of expression carries with it special duties and responsibilities, in particular the obligation not to disseminate racist ideas and calls upon the State party once again to take into account the Committee’s general recommendations No. 7 (1985) and No. 15 (1993), according to which article 4 is of mandatory nature, given the non-self-executing character of its provisions. It recommends that the State party:

(a) Remedy the absence of legislation to give full effect to the provisions against discrimination under article 4;

(b) ensure that relevant constitutional, civil and criminal law provisions are effectively implemented, including through additional steps to address hateful and racist manifestations by, inter alia, enhancing efforts to investigate them and punish those involved; and

(c) increase sensitization and awareness-raising campaigns against the dissemination of racist ideas and to prevent racially motivated offences including hate speech and racist propaganda on the Internet.

14. While noting the measures being taken by the State party to provide human rights education to public officials, the Committee reiterates its concern from previous concluding observations (2001) that discriminatory statements by public officials persist and regrets the absence of administrative or legal action taken by the authorities in this regard, in violation of article 4 (c) of the Convention. It is further concerned that the existing laws on defamation, insult and intimidation making statements punishable are not specific to racial discrimination and only apply in case of injury to specific individuals (art. 4c, 6).

The Committee reiterates its recommendation that the State party strongly condemn and oppose any statement by public officials, national or local, which tolerates or incites racial discrimination and that it intensify its efforts to promote human rights awareness among politicians and public officials. It also recommends with urgency that the State party enact a law that directly prohibits racist and xenophobic statements, and guarantees access to effective protection and remedies against racial discrimination through competent national courts. The Committee also recommends that the State party undertake the necessary measures to prevent such incidents in the future and to provide relevant human rights education, including specifically on racial discrimination to all civil servants, law enforcement officers and administrators as well as the general population.

15. Noting that family court mediators do not have any public decision making powers, the Committee expresses concern over the fact that qualified non-nationals are not able to participate as mediators in dispute settlement. It also notes that no data was provided regarding the participation of non-nationals in public life (art. 5).

The Committee recommends that the State party review its position so as to allow competent non-nationals recommended as candidates for mediation to work in family courts. It also recommends that it provide information on the right to participation of non-nationals in public life in its next report.

16. While noting with interest the increasing number of non-Japanese residents in the State party, including those applying for naturalization, the Committee reiterates the view expressed in its previous concluding observations (2001) that the name of an individual is a fundamental aspect of cultural and ethnic identity that must be respected. In this regard, the Committee expresses its concern that for naturalization purposes, applicants continue to change their names out of fear of discrimination rather than as acts of free choice (art. 5).

The Committee recommends that the State party develop an approach where the identity of non-Japanese nationals seeking naturalization is respected and that officials, application forms and publications dealing with the naturalization process refrain from using language that persuades applicants to adopt Japanese names and characters for fear of disadvantages or discrimination.

17. While noting the revised Act for the Prevention of Spousal Violence and Protection of Victims (2007) to extend protection to victims regardless of nationality and strengthen the role of local governments, the Committee notes with concern the obstacles to access complaints mechanisms and protection services faced by women victims of domestic and sexual violence. It notes with particular concern that changes to the Immigration Control Act (2009) pose difficulties for foreign women suffering domestic violence. It also regrets the lack of information and data provided about the incidence of violence against women (Art 5).

In the light of its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, the Committee recommends that the State party adopt all necessary measures to address phenomena of double discrimination, in particular regarding women and children from vulnerable groups. It also reiterates its previous recommendation (2001) that the State party collect data and conduct research on the measures to prevent gender-related racial discrimination, including exposure to violence.

18. While acknowledging the State party’s position on the family registration system, and noting the legislative changes made to protect personal information (2008), the Committee reiterates its concern about the difficulties in the system and that invasion of privacy, mainly of Burakumin, continues (art. 2, 5).

The Committee recommends the enacting of a stricter law, with punitive measures, prohibiting use of the family registration system for discriminatory purposes, particularly in the fields of employment, marriage and housing, and to effectively protect privacy of individuals.

19. Noting with interest the State party’s recognition of discrimination against Burakumin as a social problem as well as the achievements of the Dowa Special Measures Law, the Committee is concerned that the conditions agreed between the State party and Buraku organizations upon termination in 2002 regarding full implementation of the Convention, the enactment of a law on human rights protection and a law on the promotion of human rights education, have not been fulfilled to date. The Committee regrets that there is no public authority specifically mandated to deal with Burakumin discrimination cases and notes the absence of a uniform concept used by the State party when dealing with or referring to Burakumin and policies. Further, the Committee notes with concern that although socio-economic gaps between Burakumin and others have narrowed for some Burakumin, e.g., in the physical living environment and education, they remain in areas of public life such as employment and marriage discrimination, housing and land values. It further regrets the lack of indicators to measure progress in the situation of Burakumin (art. 2, 5).

The Committee recommends that the State party:

(a) Assign a specific government agency or committee mandated to deal with Buraku issues;

(b) fulfil the commitments made upon the termination of the Special Measures Law;

(d) supplement programmes for the improvement of living conditions of Buraku with human rights education and awareness-raising efforts engaging the general public, particularly in areas housing Buraku communities;

(e) provide statistical indicators reflecting the situation and progress of the above-mentioned measures; and

(f) take into account general recommendation No. 32 (2009) on special measures, including the recommendation that special measures are to be terminated when equality between the beneficiary groups and others has been sustainably achieved.

20. While welcoming the recognition of the Ainu as an indigenous people and noting with interest measures reflecting the State party’s commitment including a working group to set up a symbolic public facility and another to conduct a survey on the status of Ainu outside of Hokkaido, the Committee expresses its concern about:

(a) the insufficient representation of Ainu people in consultation fora and in the Advisory Panel of Eminent Persons;

(b) the absence of any national survey on the development of the rights of Ainu people and improvement of their social position in Hokkaido;

The Committee recommends that further steps be taken in conjunction with Ainu representatives to translate consultations into policies and programmes with clear and targeted action plans that address Ainu rights and recommends that the participation of Ainu representatives in consultations be increased. It also recommends that the State party, in consultation with Ainu representatives, consider the establishment of a third working group with the purpose of examining and implementing international commitments such as the UN Declaration on the Rights of Indigenous Peoples. It urges the State party to carry out a national survey of living conditions of Ainu in Hokkaido and recommends that the State party take into account the Committee’s general recommendation No. 23 (1997). The Committee further recommends that the State party consider ratifying ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.

21. While highlighting that UNESCO has recognized a number of Ryukyu languages (2009), as well as the Okinawans’ unique ethnicity, history, culture and traditions, the Committee regrets the approach of the State party to accord due recognition to Okinawa’s distinctness and expresses its concern about the persistent discrimination suffered by the people of Okinawa. It further reiterates the analysis of the Special rapporteur on contemporary forms of racism that the disproportionate concentration of military bases on Okinawa has a negative impact on residents’ enjoyment of economic, social and cultural rights (art. 2, 5).

The Committee encourages the State party to engage in wide consultations with Okinawan representatives with a view to monitoring discrimination suffered by the Okinawans, in order to promote their rights and establish appropriate protection measures and policies.

22. The Committee notes with appreciation the efforts taken by the State party to facilitate education for minority groups, including bilingual counsellors and enrolment guidebooks in seven languages, but regrets the lack of information on the implementation of concrete programmes to overcome racism in the education system. Moreover, the Committee expresses concern about acts that have discriminatory effects on children’s education including:

(a) the lack of adequate opportunities for Ainu children or children of other national groups to receive instruction in or of their language;

(b) the fact that the principle of compulsory education is not fully applied to children of foreigners in the State party in conformity with articles 5 (e.v) of the Convention; 28 of the Convention on the Rights of the Child; and 13 (2) of the Convention on Economic, Social and Cultural Rights, all of which Japan is a party;

(d) the differential treatment of schools for foreigners and descendants of Korean and Chinese residing in the State party, with regard to public assistance, subsidies and tax exemptions; and

(e) the approach of some politicians suggesting the exclusion of North Korean schools from current proposals for legislative change in the State party to make high school education tuition free of charge in public and private high schools, technical colleges and various institutions with comparable high school curricula (art. 2, 5).

The Committee, in light of its general recommendation No. 30 (2004) on discrimination against non-citizens, recommends that the State party ensure that there is no discrimination in the provision of educational opportunities and that no child residing in the territory of the State party faces obstacles in connection with school enrolment and the achievement of compulsory education. In this regard, it further recommends that a study on the multitude of school systems for foreigners and the preference for alternative regimes set up outside of the national public school system be carried out by the State party. The Committee encourages the State party to consider providing adequate opportunities for minority groups to receive instruction in or of their language and invites the State party to consider acceding to the UNESCO Convention against Discrimination in Education.

23. The Committee notes with appreciation progress on the process of refugee status determination, but reiterates its concern that, according to some reports, different, preferential standards apply to asylum seekers from certain countries and that asylum seekers with different origins and in need of international protection have been forcibly returned to situations of risk. The Committee also expresses its concern over the problems recognized by refugees themselves including lack of proper access to asylum information, understanding about procedures, language/communication questions, and cultural disjunctions, including a lack of understanding by the public of refugee issues (art. 2, 5).

The Committee reiterates its recommendation that the State party take the necessary measures to ensure standardized asylum procedures and equal entitlement to public services by all refugees. In this context, it also recommends that the State party ensure that all asylum-seekers have the right, inter alia, to an adequate standard of living and medical care. The Committee also urges the State party to ensure, in accordance with article 5 (b), that no person will be forcibly returned to a country where there are substantial grounds for believing that his/her life or health may be put at risk. The Committee recommends that the State party seek cooperation with UNHCR in this regard.

24. The Committee expresses its concern about cases of difficulty in relations between Japanese and non-Japanese and in particular, cases of race and nationality-based refusals of the right of access to places and services intended for use by the general public, such as restaurants, family public bathhouses, stores and hotels, in violation of article 5 (f) of the Convention (art. 2, 5).

The Committee recommends that the State party counter this generalized attitude through educational activities directed to the population as a whole and that it adopt a national law making illegal the refusal of entry to places open to the public.

25. The Committee is concerned that insufficient steps have been taken by the State party to revise textbooks with a view to conveying an accurate message regarding the contribution of groups protected under the Convention to Japanese society (art. 5).

The Committee recommends that the State party carry out a revision of existing textbooks to better reflect the culture and history of minorities and that it encourage books and other publications about the history and culture of minorities, including in the languages spoken by them. It particularly encourages the State party to support teaching in and of the Ainu and Ryukyu languages in compulsory education.

26. While noting the measures to combat racial prejudices taken by the State party, such as setting up human rights counselling offices and human rights education and promotion, the Committee remains concerned at the lack of concrete information about the media and the integration of human rights in broadcasting of television and radio programmes (art. 7).

The Committee recommends that the State party intensify public education and awareness-raising campaigns, incorporating educational objectives of tolerance and respect, and ensuring adequate media representation of issues concerning vulnerable groups, both national and non-national, with a view to eliminating racial discrimination. The Committee also recommends that the State party pay particular attention to the role of the media in improving human rights education and that it strengthen measures to combat racial prejudice that leads to racial discrimination in the media and in the press. In addition, it recommends education and training for journalists and people working in the media sector to increase awareness of racial discrimination.

27. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties which it has not yet ratified, in particular treaties the provisions of which have a direct bearing on the subject of racial discrimination, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), ILO Convention No. 111 on Discrimination in Employment and Occupation (1958), the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness and the Convention on Prevention and Punishment of Crime of Genocide (1948).

28. In light of its general recommendation No. 33 (2009) on follow-up to the Durban Review Conference, the Committee recommends that the State party give effect to the Durban Declaration and Programme of Action, adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Outcome Document of the Durban Review Conference, held in Geneva in April 2009, when implementing the Convention in its domestic legal order. The Committee requests that the State party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level.

29. The Committee encourages the State party to consider making the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.

30. While noting the position of the State party, the Committee recommends that the State Party ratify the amendments to article 8, paragraph 6, of the Convention adopted on 15 January 1992 at the 14th Meeting of States Parties and approved by the General Assembly in its resolution 47/111 of 16 December 1992. In this connection, the Committee recalls General Assembly resolutions 61/148 of 19 December 2006, and 62/243 of 24 December 2008, in which the Assembly strongly urged States parties to the Convention to accelerate their domestic ratification procedures with regard to the amendment and to notify the Secretary-General expeditiously in writing of their agreement to the amendment.

31. The Committee recommends that the State party’s reports be made readily available and accessible to the public at the time of their submission, and that the observations of the Committee with respect to these reports be similarly publicized in the official and other commonly used languages, as appropriate.

32. Noting that the State Party submitted its Core Document in 2000, the Committee encourages the State Party to submit an updated version in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted by the fifth inter-Committee meeting of the human rights treaty bodies held in June 2006 (HRI/MC/2006/3).

33. In accordance with article 9, paragraph 1, of the Convention and rule 65 of its amended rules of procedure, the Committee requests the State party to provide information, within one year of the adoption of the present conclusions, on its follow-up to the recommendations contained in paragraphs 12, 20 and 21 above. [on human rights bill and enforcement organs, Ainu and Okinawans)

34. The Committee also wishes to draw the attention of the State party to the particular importance of recommendations 19, 22 and 24 and requests that the State party provide detailed information in its next periodic report on concrete measures taken to implement these recommendations.

35. The Committee recommends that the State party submit its seventh, eight and ninth periodic reports, due on 14 January 2013, taking into account the guidelines for the CERD-specific document adopted by the Committee during its seventy-first session (CERD/C/2007/1), and that it address all points raised in the present concluding observations.

ENDS