GOJ claims victory in “halving overstayers” campaign, maintains myth that NJ fingerprinting did it

mytest

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

Hi Blog. The GOJ has patted itself on the back for being about to reach its goal of halving the number of overstaying NJ by the target date of 2010.

Congrats. But piggybacking on this cheer is the lie that fingerprinting NJ at the border helped do it.

Wrong. As we’ve discussed here before, fingerprinting and collecting other biometric data at the border does not result in an instantaneous check. It takes time. In fact, the first day they raised a cheer for snagging NJ at the border, it was for passport issues, not prints. And they have never publicly offered stats separating those caught by documentation and those fingered by biometric data (nor have we stats for how many were netted before the fingerprinting program was launched, to see if there is really any difference). So we let guilt by associated data justify a program that targets NJ regardless of residency status and criminalizes them whenever they cross back into Japan. Bad social science, bad public policy, and now rotten interpretations of the data. Arudou Debito in Sapporo

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

Number of foreigners overstaying visas in Japan nearly halves in 5 yrs

Feb 16 2009, Associated Press. Courtesy of Japan Probe.
http://www.breitbart.com/article.php?id=D96D065O1&show_article=1

(AP) – TOKYO, Feb. 17 (Kyodo)—The number of foreign nationals who stayed in Japan after their visas expired nearly halved to around 113,000 from 219,000 in the five years to Jan. 1, according to a survey by the Justice Ministry’s Immigration Bureau released Tuesday.

The number of those who entered Japan illegally in the same period also fell, to around an estimated 15,000-23,000 from 30,000, the bureau said. The estimates are based on information given by foreign nationals caught by law-enforcement authorities, it said.

In December 2003, the government came up with a plan to halve the number of people staying illegally in Japan in five years. The latest figures suggest the goal has more or less been achieved.

The number of people overstaying their visas began rising sharply in the 1990s, peaking at around 300,000 in 1993. The number has gradually been declining since.

The Immigration Bureau said it has stepped up its efforts, jointly with police, to crack down on those overstaying their visas — especially since 2004, when the government’s plan was put into effect.

The introduction of a biometric system has helped immigration officials stem the re-entry of those who have been deported, the bureau said. In the year since it was introduced in November 2007, 846 people have been refused entry on the basis of biometric verification.

By nationality, South Koreans topped the list of those staying longer than allowed as of Jan. 1 at around 24,000, followed 18,000 Chinese, 17,000 Filipinos, 6,000 Thais and 5,000 Taiwanese, according to the survey.

ENDS

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

外国人の不法残留者11万人、5年で半減をほぼ達成
http://www.yomiuri.co.jp/politics/news/20090217-OYT1T00300.htm

法務省は17日、今年1月1日現在の外国人の不法残留者数は11万3072人で、前年より3万6713人(24・5%)減少したと発表した。

政府が「不法滞在者5年半減計画」をスタートさせた2004年の不法残留者数(21万9418人)からの減少率は48・5%となり、同省は「目標はおおむね達成できた」としている。

不法残留者の減少は1994年から16年連続。今回の減少率は前年(12・3%)の2倍近くに達した。法務省は「07年11月に導入した生体認証(バイオ)審査が奏功した」と分析している。国籍別では韓国の2万4198人(21・4%)が最も多く、中国1万8385人(16・3%)、フィリピン1万7287人(15・3%)と続いた。

一方、08年に出入国管理・難民認定法違反として強制退去手続きとなった外国人は3万9382人。空港などの入国審査で日本への上陸を拒否された外国人は前年比31・0%減の7188人で、5年ぶりに1万人を下回った。

(2009年2月17日10時43分 読売新聞)

ENDS

Yomiuri on new “Zairyuu Cards” to replace “Gaijin Cards”

mytest

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

Hi Blog. The new policing system for NJ is slowly materializing.  In what looks to be a privy leak to the Yomiuri (scooping almost all the other newspapers according to a Google News search; distracted by a drunk Nakagawa and Hillary’s visit?), yesterday’s news had the GOJ proposal for new improved “Gaijin Cards”.

Yomiuri says it’s to “sniff out illegals” and to somehow increase the “convenience” for foreigners (according to the Yomiuri podcast the same day).  It’s still to centralize all registration and policing powers within the Justice Ministry, and anyone not a Special Permanent Resident (the Zainichis, which is fine, but Regular Permanent Residents who have no visa issues with workplace etc.) must report minute updates whenever there’s a lifestyle change, on pain of criminal prosecution.  Doesn’t sound all that “convenient” to me.  I’m also not sure how this will be more effective than the present system in “sniffing out illegals” unless it’s an IC Card able to track people remotely. But that’s not discussed in the article.

I last reported on this on Debito.org nearly a year ago, where I noted among other things that the very rhetoric of the card is “stay” (zairyuu), rather than “residency” (zaijuu).  For all the alleged improvements, the gaijin are still only temporary.

One bit of good news included as a bonus in the article is that NJ Trainees are going to be included for protection in the Labor Laws.  Good.  Finally.  Read on.  Arudou Debito in Sapporo

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

Govt to issue new ID cards to sniff out illegals

The government intends to strengthen its efforts to prevent foreigners from staying here illegally by unifying administrative systems for foreign residents in the nation, according to a draft bill to revise the immigration law obtained by The Yomiuri Shimbun on Monday.

The draft legislation to revise the Immigration Control and Refugee Recognition Law states that the justice minister will issue new residence cards to aliens staying in Japan for mid- to long-term periods of time.

The current alien registration certificates issued by municipal governments will be abolished, and foreigners will instead use the new cards as identification.

The draft bill also includes provisions to imprison or deport people who forge the envisaged cards.

The government plans to submit the bill during the current Diet session, according to sources.

The new residence cards will carry the foreigner’s name, date of birth, gender, nationality, address, status of residence and period of stay. The cards will be issued to aliens staying in Japan legally.

The cards will enable authorities to detect illegal stayers by checking whether they possess the cards.

The draft bill will require foreign residents to report to the Immigration Bureau any changes such as to their place of employment, school or address. Under the current law, foreign residents are required to report such changes only to municipal governments. However, this system has bogged down attempts by the Immigration Bureau to keep a comprehensive track of foreign residents.

The revised law also will allow the bureau to investigate, on a voluntary basis, institutions and other bodies that are responsible for helping foreigners enter the country.

So-called special permanent residents–Koreans living in Japan–will not be required to acquire the envisaged residence cards. Instead, new identification certificates will be issued to them.

To reduce the time and paperwork involved in renewal procedures, the draft bill calls for extending the period of stay to five years for aliens who are currently allowed to stay in Japan for up to three years.

The draft legislation also includes a provision to create a new status of residence for aliens coming to Japan on the government’s foreign trainee system. It stipulates that the Minimum Wages Law and other labor-related laws will be applied to such foreign trainees.

The foreign trainee system is aimed at transferring Japan’s technical expertise to other countries. Under the system, foreign trainees participate in workshops and training programs at companies for up to three years.

However, the system has been criticized because some companies take advantage of these trainees by making them work excessively long hours for low pay. For the first year of their stay, the foreign trainees are not officially recognized as laborers, and therefore they fall outside the reach of labor-related laws.

Meanwhile, the status of residence for international students will no longer be divided into “college students,” who attend a college or advanced vocational school, and “pre-college students,” who attend a high school or Japanese language school. Under the envisaged new system, the two categories will be integrated to allow foreign students to skip procedures to change their status of residence when they go on to higher education.

(Feb. 17, 2009)
================================
Here’s the corresponding Yomiuri article in Japanese, with a lot less detail:

外国人に「在留カード」…偽造行為に罰則、国が一元管理へ

http://www.yomiuri.co.jp/politics/news/20090216-OYT1T01221.htm
 政府が今国会に提出する出入国管理・難民認定法改正案の概要が16日、明らかになった。

中長期に日本に滞在する外国人に対し、身分証となる「在留カード」を法相が発行し、在留管理を国に一元化する。これに伴い、市区町村が発行している外国人登録証明書は廃止する。カードの偽造行為には懲役刑や強制退去処分の罰則規定を設ける。

カードには氏名や生年月日、性別、国籍、住所、在留資格、在留期間を記載。勤務先や住所などに変更があった場合は、入国管理局に届け出ることを義務づける。

「特別永住者」と呼ばれる在日韓国・朝鮮人は在留カードの対象から外し、新たな身分証明書を発行する。原則3年が上限の外国人の在留期間を5年に延長することも盛り込んだ。

(2009年2月17日03時22分 読売新聞)

Mainichi: 3 Chinese arrested over paternity scam to get child Japanese citizenship

mytest

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

Hi Blog. Here’s an article in the Mainichi about a new form of crime:  NJ falsifying paternity under Nationality Law revisions to try to claim Japanese citizenship.  No doubt in the current NJ Blame Game climate we’ll get the Right Wing and wary xenophobes citing this as cases of NJ and the evils they do, and that we cannot give an inch (or amend any laws in future) to make life easier for NJ to immigrate and have their rights protected (after all, they might turn around and use potential legal loopholes as a means for criminal activity).

But to me (and this is not to excuse their crime) this issue is a matter of forgery that only NJ can do (after all, Japanese already have citizenship), and this is what criminals (again, regardless of nationality) get up to.  People forging names for, say, fake bank accounts (and we won’t even get into white-collar crime and business fraud) happens aplenty in Japan, and not all of it makes the news.  So I say:  Whenever it happens, catch it, expose it, report it, and punish it, regardless of nationality.  But don’t say NJ are doing it because NJ (especially Chinese, according to Tokyo Gov Ishihara) are more likely to commit crime.

Fortunately, the Mainichi doesn’t take that tack.  It just reports the facts of the case.  Good.

Sorry, not a pencil-dropping comment, but it has to be said sometime somewhere by somebody.  Voila.  Debito in Sapporo

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

3 Chinese arrested over paternity scam to get child Japanese citizenship

(Mainichi Japan) February 13, 2009, Courtesy of Jeff K.

http://mdn.mainichi.jp/mdnnews/news/20090213p2a00m0na012000c.html

An unmarried Chinese couple and another Chinese woman were arrested Friday for using the name of a Japanese man in a paternity recognition document in a bid to obtain Japanese citizenship for the couple’s child and acquire permanent residency for themselves, police said.

Wang Zong, 29, and Shen Nan, 28, both unemployed, and company worker Guo Qingqing, 34, are accused of forging private documents.

“I thought this would let our child and us stay in Japan as a family. We wanted our daughter to be educated in Japan,” Wang was quoted as telling investigators during questioning.

According to the revised Nationality Law that went into effect in January, children of unmarried Japanese fathers and foreign mothers can obtain Japanese citizenship if the father recognizes paternity.

The suspects submitted a paternity recognition form to the Higashikurume Municipal Government in Tokyo in January last year for Wang and Shen’s 1-year-old daughter, which indicated the father as a 56-year-old Japanese man, investigators said.

Guo masterminded the crime, using the name of a Japanese acquaintance who was in prison at the time and was not in on the scam, according to the Metropolitan Police Department. Shen paid Guo an 800,000 yen fee.

(Mainichi Japan) February 13, 2009

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

偽の認知届提出:中国人男女を逮捕 子供の日本国籍狙い

毎日新聞 2009年2月13日

http://mainichi.jp/select/jiken/news/20090213k0000e040072000c.html

日本人男性の名を勝手に使い、うその認知届などを提出したとして、警視庁組織犯罪対策1課は13日、いずれも中国籍で無職の女、王宗(29)=東京都豊島区池袋▽無職の男、沈楠(28)=同▽会社員の女、郭清清(34)=足立区西新井本町=の3容疑者を有印私文書偽造・同行使容疑などで逮捕したと発表した。王と沈の両容疑者は恋人同士で、子供の日本国籍を取得し、永住資格を得ようとしたとみている。

1月施行の改正国籍法では、日本人の父と外国人の母の間に生まれた子供は、未婚でも父の認知だけで日本国籍が取得できる。

逮捕容疑は、昨年1月、王、沈両容疑者の間にできた子供について、王容疑者と日本人男性(56)の子と偽り、認知届を東京都東久留米市役所に提出したとしている。王容疑者は「親子3人で日本で生活できると思った。子供に日本で教育を受けさせたかった」と供述しているという。

組対1課によると、偽装認知は郭容疑者が主導し、知り合いで当時服役中だった日本人男性の名前を夫として勝手に使用していた。沈容疑者は80万円の謝礼を郭容疑者に渡していた。

男性が警視庁の聴取に「子供はいない」と話し不正が発覚。先月下旬、DNA鑑定で、生まれた女児(1)が王、沈両容疑者の子と判明した。【武内亮】

毎日新聞 2009年2月13日 13時22分(最終更新 2月13日 19時47分)

Japan Times Zeit Gist on Noriko Calderon, born in Japan, child of overstayers, facing deportation

mytest

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

Hi Blog.  Here’s a David McNeill article on what could turn out to be a landmark case, that of Noriko Calderon, a NJ born to two NJ overstayers, who face deportation but have support and legal representation to the GOJ to try to force the issue of her needing to stay.  It will be interesting to see how this turns out, as thin edge of the wedge questions are raised in the article below.  Japan Probe also had a section on this dealing with her recent press conference at the Foreign Correspondents’ Club (which I saw yesterday morning on cable TV news, so the case is receiving a lot more attention than usual).  I admire her going public and making her case.  Brave girl, our Noriko.  Arudou Debito in Sapporo

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

THE ZEIT GIST

A young life in legal limbo
Hearing to decide fate of Filipino girl, 13, born in Japan

By DAVID McNEILL

Special to The Japan Times, Tuesday February 10, 2009

For years, Arlan and Sarah Calderon fretted over when to tell their daughter, Noriko, that she was different.

News photo
Uncertain future: An immigration hearing on Feb. 13 is likely to decide whether Noriko Calderon, who speaks only Japanese, will be sent back with her parents to the Philippines, a country she has never visited. DAVID MCNEILL

Dark-haired and olive-skinned, she looked indistinguishable from the children she walked to school with every day in Warabi, an everyman suburb of Saitama Prefecture. But unknown to her, Noriko’s parents were illegal Filipino immigrants.

In July 2006, the then 11-year-old discovered the family’s secret in the worst possible way when her mother was arrested for overstaying her visa.

In stunned silence, she listened as her parents told her the family would be sent back to the Philippines, a country she had never visited. “I know nothing about life there,” explains Noriko in Japanese, the only language she speaks.

Today, as the family fights to stay in Japan, Arlan regrets not coming clean. “We always intended to tell her but thought that if we did it when she was too young she wouldn’t understand. We just couldn’t find the right timing.”

Sarah had come to Japan on a short-term visa in 1992; her future husband joined her a year later. Like thousands of other immigrants who arrived during or just after the bubble years, they found that the country turned a blind eye to their illegal status.

“It wasn’t that difficult to live when I came here first,” says Arlan, a construction worker. “Employees didn’t ask about visas.”

But he says everything began to change about five years ago.

In 2003, a joint statement by the Tokyo government, the Justice Ministry, Tokyo immigration authorities and the city police warned of the “growing problem” of illegal immigrants.

“Many illegal residents are engaged in illegal employment. Furthermore, not a small number of them are engaged in crime to get easy money,” it said. “For national security, the problem of these illegal residents requires immediate attention.”

Known as the Kyodo Sengen, the statement signaled a nationwide crackdown on an estimated 250,000 visa over-stayers. Life immediately became tougher for the Calderons, says family lawyer Shogo Watanabe, who believes the crackdown was unfair.

“To some degree, the authorities closed their eyes to these people in the 1990s. Japan needed them to do the hard, dirty jobs others wouldn’t. Like many foreign families, they have lived peacefully and productively here for years. They fell victim to a change in policy. I find that hard to accept.”

The impact of the statement was immediate: Employers were told to scrutinize visas more carefully, police numbers were beefed up around areas of heavy foreign residence, and thousands of overstayers were brought to Narita airport. Sarah Calderon was caught on a police check near Warabi Station.

Her arrest started a two-year battle that is now stalled in legal limbo. Only allowed to stay in Japan on temporary permission from the Justice Ministry, the family faces an impossible choice: return together to the Philippines or leave Noriko behind.

“It is unlikely that the parents will be given residency status, but there is some sympathy for their daughter’s situation,” said a ministry official, speaking on condition of anonymity. A decision on the family’s fate is expected at their next immigration hearing on Feb. 13.

The case shares some similarities with the plight of Myanmar refugee Khin Maung Latt and his Filipino wife, Maria Hope Jamili, who fought for years for the right to stay in Japan with their two children, who were born in the country. The family eventually won, says lawyer Watanabe, who also defended them.

“The key factor there was that the deportation order would have split that family apart because they were from different countries. In this case, the Calderons are both from the Philippines. The fact is, however, that sending Noriko back will inflict a lot of psychological damage. For a start, she would have to return to grade school.”

Winning public sympathy for the Calderons has been more difficult, he says. In December, Fuji TV carried a largely hostile report that shocked the family into a monthlong media boycott. “One of the questions they asked was whether I still take a bath with Noriko,” recalls Arlan. “What does that have to do with anything?”

Commentary on many blogs has also been negative. “We can’t allow foreigners who came here illegally to stay,” wrote one critic on the free bulletin board 2channel. “If we do, many more will come to have children here and claim citizenship.”

Watanabe calls comments like that “a joke.” “Do people who say those things have any idea how difficult it is to come to a country like Japan and live for years hiding from the authorities? Do they know what it is like to raise a child illegally here?”

He estimates that there are between 100 to 200 similar cases around the country — illegal families with children who have been born and raised here. Amnesty is unlikely, meaning dozens more legal battles are likely in the coming years. Like Noriko, most of the children speak only Japanese and have never been to the “home” they are being sent back to.

Japan is not the only country where policy on immigrants has taken a harsh turn. Ireland, which has experienced a wave of immigration from Eastern Europe and parts of Africa since the early 1990s, ended automatic citizenship for babies born to foreign parents in 2004. The country has since tried to deport several foreign families.

The U.K. deported over 60,000 illegal immigrants in 2007, or one every eight minutes, according to the country’s Home Office. Britain has also tried to deport several U.K.-born children, including Patrick Wandia Njuguna, whose mother fled Kenya. She was refused political asylum.

What makes Japan unusual, say observers, is its still-contradictory approach to foreign workers. On the one hand, there have been signs of a shift toward a policy the government of the world’s second largest economy has so far avoided: mass immigration.

Last year a group of 80 lawmakers from the ruling Liberal Democratic Party led by former party Secretary General Hidenao Nakagawa proposed allowing foreigners in Japan to increase to 10 percent of the population by 2050, the clearest statement on the issue so far.

“There is no effective cure to save Japan from a population crisis,” said the group. “In order for Japan to survive, it must open its doors as an international state to the world and shift toward establishing an ‘immigrant nation’ by accepting immigrants and revitalizing Japan.”

But Watanabe says such newfound openness stands in stark contrast to the way foreign workers already here are treated. “I want to ask Nakagawa-san and the LDP: ‘If Japan can’t accept families like the Calderons who have been living here for years, how can we invite more?’ “

In the absence of a clear line from the government, he says, the courts interpret the law rigidly, ignoring treaties on the rights of children and the impact of deportation on children like Noriko. Occasional breaks with precedent are rare, though he cites the case of an Iranian woman allowed to stay in Japan last year with her family so she could attend college.

Now 13, Noriko says she “cannot imagine” life in the Philippines. Despite her foreign-sounding name, her friends in Saitama had no idea about her background until they saw her case aired on TV, she recalls. “I was worried but they said, ‘Why didn’t you tell us sooner, we would have helped you.’

“Support like that makes me feel stronger.”

David McNeill writes for the London Independent, The Irish Times and The Chronicle of Higher Education, and is a coordinator of Japan Focus. Send comments on this issue and story ideas to community@japantimes.co.jp
The Japan Times: Tuesday, Feb. 10, 2009
ENDS

Fun and Games at Hokuyo Bank: Extra questions for the gaijin account holder

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Every day, as I’ve said, is an adventure in Japan. Here’s today’s:

FUN AND GAMES AT HOKUYO BANK

Last week, I got a call from Hokuyo Bank (Hokkaido’s largest, the successor to Takugin and recent swallower of Sapporo Bank) telling me that some money had arrived by wire transfer from overseas. It was sent to my corporate account, but had my name listed as individual beneficiary (not the corporation). So couldn’t I please come down to the branch and fill out a piece of paper and clarify the beneficiary?

Hokay, sure. Whatever. I had been waiting for that payment for an academic lecture in California for six months, and JPY/USD exchange rates since August were eating up dollar-denominated compensation (to the tune of about 20%!).

“Oh, and one more thing,” Hokuyo asked, “What’s this money for?”

“Sorry, but none of your business.”

“Won’t you please tell us, for our reference?” (sankou no tame)

“No. For the amount I have received [USD 500], you are under no obligation to ask me under money laundering laws. And I am under no obligation to tell. Kindly respect my privacy.”

THE COLUMBOES AT HOKUYO

I went down this morning and filled out the paperwork. When the question came up again about what this money is for, I directed her to something I had just downloaded and printed up from Wikipedia regarding money laundering and international money transfers in Japan:

———————————-

本人確認が必要な取引

以下は、本人確認が必要となる取引の一部である。
▪ 金融機関と新規取引を開始する時(口座開設、信託取引締結、保険契約締結等)
▪ 200万円を超える金銭の送金・振込
▪ 10万円を超える現金の送金・振込(預金口座にある預金の送金・振込については前項のとおり)

尚、本人による多額の預金の払い戻しに際しては本人確認が義務づけられていない。

http://ja.wikipedia.org/wiki/本人確認法

(and yes, I’m fine with citing Wikipedia for noncontroversial issues)

———————————-

So since 500 bucks (or now about 45000 yen, sob!) is less than a fortieth of the 2 million yen threshold for direct transfers, or less than half the 100,000 yen for cash transfers, there was no reason to ask me further questions.

The madoguchi (and her boss, Tokoro-san) maintained that it was policy at Hokuyo to check all monies coming in from overseas. “All, even if they’re only one yen?” Well, not that low. “So where’s the threshold for checking? I aver it’s these figures above.” They just wanted me to cooperate, but I wanted a reason why I had tripped some sort of tripwire.

“It’s not because the accountholder has a foreign-looking name, now, is it?”

Now, before you think I’m just flying off the handle as usual, consider that I have had other accounts (one particularly for contributions to the Otaru Onsens Lawsuit way back when) in places like Hokkaido Bank. And I have gotten calls like this for tiny amounts (even 5000 yen) asking what it’s for. Even when no money has come in, I’ve gotten at least one letter asking (since the beneficiary is “otarusoshouenjokai arudou debito daihyou”) what the very account is for. I’ve ignored all queries. So what seems to keep tripping the wire is a foreign-sounding name. And even for simple small-amount cash conversions of USD into JPY, people like Permanent Resident Olaf Karthaus have had their passport demanded by Hokkaido Bank for photocopying in the name of anti-money-laundering. He got a formal apology from them for acting outside the law.

Back to Hokuyo. The standard denial shower came.  “We’re not discriminating.”

“Okay, so what else is it? What standards are you using to decide to check my transfer if it’s not for money laundering? Your discretion?”

I wasn’t getting any clarification, so I dropped by Hokuyo HQ later on today and talked to a Ms Kobayashi, Kachou in the Houjinbu Gaikoku Kawase-ka, who brought out the letter of the law thusly:

——————————————-

外国為替及び外国貿易法(銀行等の確認義務等)
第十七条  銀行等は、その顧客の支払等が、次の各号に掲げる支払等のいずれにも該当しないこと、又は次の各号に掲げる支払等に該当すると認められる場合には当該各号に定める要件を備えていることを確認した後でなければ、当該顧客と当該支払等に係る為替取引を行つてはならない。
一  第十六条第一項から第三項までの規定により許可を受ける義務が課された支払等 当該許可を受けていること。
二  第二十一条第一項又は第二項の規定により許可を受ける義務が課された第二十条に規定する資本取引に係る支払等 当該許可を受けていること。
三  その他この法律又はこの法律に基づく命令の規定により許可若しくは承認を受け、又は届出をする義務が課された取引又は行為のうち政令で定めるものに係る支払等 当該許可若しくは承認を受け、又は当該届出後の所要の手続を完了していること。

http://law.e-gov.go.jp/htmldata/S24/S24HO228.html

——————————————-

Later joining us was a Mr Ishiguro, Fukubuchou of the Houjinbu, Mr Takahashi, Kachou of the Kokusaika, and Mr Nakanishi, Chousayaku of the Kokusaika. After a lot of Q&A, their case was essentially this:

1) Zaimushou does not have a minimum transfer amount to be checked when it comes to foreign monies coming in, or Japanese monies going out. As you can see in the above law, there are no threshold amounts written either in the clauses as stated, or in the clauses being referred to within.

2) Since we cannot check every transfer, it is up to the bank’s discretion whether or not to check in certain circumstances.

3) If you were receiving money from or sending money to terroristic places in the world, we would of course check about its purpose.

4) However, receiving money from the University of California, Berkeley doesn’t apply here. By the transfer details it’s obvious you were receiving remuneration for a lecture, so it was unnecessary for your branch of Hokuyo to have asked you further questions about purpose.

5) We apologize for the inconvenience.

Er, thanks. My questions, which went basically unrequited, were these:

1) Why are foreign transfers in or out treated as potentially criminally suspicious? There are plenty of Yakuza transferring domestically too, no? Is this not discriminatory?

2) Individually, why did you ask me? Because I’m a gaijin account holder? I still haven’t gotten any other plausible reason for the tripwire. It’s not amount. It’s not origin. So why?

3) You admit that the questions about purpose were unnecessary. Thanks. Now please ask Zaimushou if there is a threshold transfer amount to activate these questions. If so, tell me in writing later what that amount is. If not, tell me in writing later what Hokuyo’s discretionary thresholds are.

4) Are these questions optional?  What happens if I decide not to answer?

5) Thanks for the apology. Now put it in writing with what sort of keihatsu you will carry out at Hokuyo zentai to make sure you don’t put your NJ account holders through any more rigmarole, and make them feel their accounts and transfers are suspicious. Putting things in writing tends to make people take requests and apologies more seriously. It’s more likely to result in policy change if there’s a paper trail.

To that, Mr Takahashi said he would offer a verbal apology, but nothing in writing.  Never mind what Hokkaido Bank did for Olaf.  And there was no particular promise from them either to make Zaimushou’s threshold information (which should be public info) or Hokuyo’s discretionary guidelines, if any, clear to me in future.

I said I was disappointed. “I’m a valued customer. I’ve had a long relationship with you. My house mortgage is with you. I opened a corporate account with you because I was fed up with Hokkaido Bank treating me and my accounts as suspicious. Now you are doing the same thing.”

They offered the same apologies, and that was where we let the discussion drop. They said that they would coach my branch to leave me alone next time I get an international transfer. Sure, that fixes the problem.

Seems like a small issue, but to me it’s a tip of the iceberg thing. What’s transpired here is that all foreign money transfers, at least in Hokkaido’s biggest banks, are officially to be treated with suspicion. Regardless of domestic, or even international, standards of money laundering (thresholds of 15,000 dollars in the US, 15,000 GBP or Euros in the UK, for example).  It’s a damned nuisance.

Why? Because Zaimushou leaves it vague enough for Hokuyo to abuse, and because Hokuyo is under no obligation to disclose their rules to their customers even upon request. Thanks a heap.  But that’s how power flows when you don’t have enough information or a workable FOIA to keep even your accountants accountable.

Arudou Debito in Sapporo

JASSO eliminating exchange student funding on medical expenses, meaning sicker ryuugakusei

mytest

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

Hi Blog. JASSO (Japan Student Services Organization), the group which offers very generous packages for ryuugakusei (exchange students) to come and take up spaces in Japanese universities, is being less generous as of late.  This is a problem since how much those students are allowed to make up the shortfall is limited by visa status.   Here’s an essay from YYZ about what’s going on there and the impact it’s having on different nationalities.  Arudou Debito in Sapporo

====================================
Hi Debito.  Checking out my 留学生掲示板 today I had the shock to find that the JASSO assistance to foreign students medical expenses program, which had been cut from 90% to about 30% last year, is now being cut to ZERO as of this April.

Background in English: Ryugakusei are supposed to join National Health Insurance and pay 30% of the medical costs just like everyone else. Of course, this is quite hard, especially for students from less-wealthy nations, so JASSO had been reimbursing 80% or so of that 30%, leaving the ryugakusei to pay a more tolerable 6% of medical costs in the end. Last year that 80% of the 30% became about 30% of the 30%, more than tripling medical costs for ryugakusei. For my trips to the dentist [3000 yen out of pocket], it wasn’t really even worth the trouble to apply for the aid, as the bank transfer fee of 600 yen would net me 400 yen 3 months down the road for spending all the time doing the paperwork.

As of April, that won’t even be a factor. The support will be zero. I can manage, I’m a poor grad student, but I can make decent money teaching English/translating on the side. For the typical Chinese student, it will make life a lot tougher.

Normally I don’t support handouts in the first place. But, since the Japanese government limits the amount of hours a student can legally work [28 hours per week, no more than 8 per day] thus limiting our income, [especially rough if the only job you can get is washing dishes for 750 an hour] some government consideration is only fair. We can’t live rent-free with Mama and Papa nor count on them for free food or to bail us out in times of need like most Japanese students. Not to mention the desire to travel home even just once a year. [I already can’t do that.]

Many students must be already violating their visa work conditions just to scrape by. Now, more students will delay medical care, or work even more overtime in violation of their visas. Because when the government limits a self-supporting student to 21,000 yen/week in income [at 750/hr] and already takes about 5000/month just to join NHI, losing the medical expense subsidy is a kick in the teeth, as it’s already impossible to follow the visa work laws and live as a self-supporting student without a full scholarship and/or burning up one’s life savings.

This development is especially troubling regarding the claimed plan to greatly increase the number of ryugakusei by the central government. Apparently they only want ryugakusei who are healthy and wealthy enough to live comfortably in Japan, the most expensive country in the world.

I also thought that possibly this aid wasn’t entirely altruistic, as they government would rather have students reporting their medical problems to a doctor than hiding such things as TB, Chicken Flu and the like because they can’t afford a visit to a clinic. [This would be the angle to pursue to convince the powers-that-be to reinstate this system, the concrete result of cutting the aid might be money saved on paper, but a sicker foreign student population as a danger to Japanese citizens, yielding possibly more medical expenditures in the end. These students are the ones cooking your gyoza at the izakaya, and now they’re more likely to be sick.]

The Japanese source page, found in the display department, in the unlit basement, in the bottom of a locked filing cabinet in a disused lavatory with a sign on the door saying “Beware of the leopard” [pardon the Douglas Adams reference]

http://www.jasso.go.jp/scholarship/iryouhi.html

Probably English versions on individual university websites, as JASSO doesn’t seem to be prominently announcing this themselves. YYZ

ADDENDUM AFTER GRANTING PERMISSION TO BLOG THIS ESSAY:

Hi Debito.  Glad I could contribute.

Thoughts keep going through my head after the initial shock.

I always wondered why this program (like so many in Japan) was never “means-tested” in some concrete way (just as we would expect some income limit on the 12,000 yen Aso handout). A student from Saudi Arabia on a full Monbusho scholarship (full tuition plus 170,000yen a month) was just as eligible for the JASSO aid as someone from Vietnam who scrubs until 2AM 5 nights a week for 750 yen and lives in a slum.

As an aside, the Monbusho scholarship (among others) stipend has been going down for the last 2 years or so. [I can’t even apply because I’m over 35, but age discrimination is another issue.] But it seems the government is not putting its money where its mouth is regarding announced intentions to rescue Japanese universities by allowing a flood of ryugakusei. Although if their intention is flood the universities only with wealthy ryugakusei, perhaps these actions are right on target, but unrealistic. But that’s Japanese policy for you.

Keep up the good fight. YYZ
ENDS

Japan Times JUST BE CAUSE Feb 3, 2009: “2channel the bullies’ forum”

mytest

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

Hi Blog.  Here’s yesterday’s article in the Japan Times.   Enjoy.  Debito in Sapporo
justbecauseicon.jpg

2channel: the bullies’ forum

http://search.japantimes.co.jp/cgi-bin/fl20090203ad.html

By ARUDOU DEBITO
The Japan Times: Tuesday, Feb. 3, 2009

Bullying in Japan is a big problem. The victims have limited recourse. Too often they are told to suck it up and self-reflect. Or if they fight back, they get criticized for lashing out. It’s a destructive dynamic, causing much misery and many a suicide.

The bullies are empowered by an odd phenomenon: In Japan, the right to know your accuser is not a given. When kids get criticized by the anonymous rumor mill, authorities make insufficient efforts to disclose who said what. The blindfolded bullied become powerless: There are lots of them and one of you, and unless you put names to critics they escalate with impunity.

Internet bulletin board (BBS) 2channel, the world’s largest, is the ultimate example of this dynamic. Although the BBS is very useful for public discussions, its debate firestorms also target and hurt individuals. This flurry of bullies is guaranteed anonymity through undisclosed Internet Protocol addresses, meaning they avoid the scrutiny they mete out to others.

Why absolute anonymity? 2channel’s founder and coordinator, Hiroyuki Nishimura, believes it liberates debate and provides true freedom of speech. People speak without reservation because nobody knows who they are.

Quite. But freedom of speech is not absolute. It does not grant freedom to lie or deceive (as in fraud), nor to engage in malicious behavior designed to hinder calm and free discourse. The classic example is the lack of freedom to shout “Fire!” in a crowded theater. But libel and slander, where people willfully lie to assassinate characters and destroy lives, is also beyond the pale.

Japan does have checks against libel — lawsuits. Dozens of civil court cases have been brought against 2channel. When a problematic post appears, victims contact the BBS coordinator and request its removal. Alas, many get ignored. Then, when taken to court, Nishimura ignores summons to appear. Finally, even after losing dozens of times in court, Nishimura refuses to pay out. Years later, adjudged libelous posts (some about your correspondent) are still online and proliferating.

How is this possible? The Internet is a new media, and the judiciary hasn’t caught up. If a newspaper or TV station publicizes erroneous information, they too can be sued. But the old media are more accountable. They have to register their corporation and get a license, so their wherewithal’s whereabouts is public. If they lose and don’t pay, the court will file a lien on their assets and withdraw the award for the plaintiffs.

However, in cyberspace people can start a “media outlet” without incorporation or licensing, meaning their assets remain invisible. Nishimura owes millions of dollars in court penalties, but unless he divulges his personal bank accounts, his wages can’t be seized.

The dynamic becomes watertight thanks to a weakness in Japan’s judiciary: In this case, one cannot convert a civil suit into a criminal case through “contempt of court.” No cops will arrest him for being on the lam. Plaintiffs must hire their own private detectives to dig up Nishimura’s assets. No checks, no balances, and the bully society remains above the law.

The abuses continue. Last month, cops decided to arrest a 2channeler who issued a death threat against sumo wrestler Asashoryu. About time: Hate-posters have long vilified ethnic minorities, threatened individuals, and waged cyberwars to deny others the freedom of speech they apparently so cherish.

Meanwhile, Nishimura keeps on wriggling. Last month he announced 2channel’s sale to a Singaporean firm, making his assets even more unaccountable.

Some salute Nishimura as a “hero” and an “evangelist.” He’s also a willing abettor in the pollution of cyberspace, legitimizing an already powerful domestic bully culture with a worldwide audience. He had his day in court to explain himself. He didn’t show. He lost. Now he must pay up.

If not, there will be blow-back. Our government has already made reactionary overtures to limit “illegal or harmful content” (whatever that means) on the Internet. Be advised: Once you give the unsophisticated Japanese police a vague mandate over anything, you’ll have random enforcement and policy creep, as usual. Kaplooey goes cyberfreedom of speech.

Unless contempt of court procedures are tightened up to reflect the realities of new media, I believe Nishimura will be remembered historically as the irresponsible kid who spoiled the Internet for the rest of us.

Debito Arudou is coauthor of the “Handbook for Newcomers, Migrants, and Immigrants.” More on his 2006 libel lawsuit victory at www.debito.org/2channelsojou.html. Send comments to community@japantimes.co.jp
The Japan Times: Tuesday, Feb. 3, 2009
ENDS

The Australian Magazine 1993 on Gregory Clark’s modus operandi in Japan

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. At the start of this decade, I republished an article in the JALT PALE Journal (Spring 2001) regarding Gregory Clark, his business acumen regarding language teaching in Japan, and his motivations for being who he is in Japan.

Gregory Clark has recently called attention to himself with a bigoted Japan Times column, questioning our legitimacy to have or even demand equal rights in Japan.  As people debate his qualifications and motives all over again, I think it would be helpful to reproduce the following article in a more searchable and public venue. Like here.

I have heard claims that this article in The Australian was met with threat of lawsuit. Obviously that came to naught.  Since The Australian has given me direct permission to reproduce this article in full, let me do so once again here.  Still more on his disregard for facts of cases here.  Arudou Debito in Sapporo

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

“OUR OTHER MAN IN JAPAN”
Courtesy of The Australian Magazine
16th October 1993, Edition 1. pp 26-41

(used with permission of The Australian Magazine)

He isn’t our ambassador, but he’d like to be. Invariably, Gregory Clark is the Australian the Japanese turn to for advice about themselves and other issues.
What riles him is that Australians don’t.

BY RICHARD McGREGOR

FULL PAGE PHOTO shows Clark smiling and standing in a park, with a young Japanese girl in full Seijinshiki-style kimono in the background taking a photo of something off-camera.

Caption: “Embittered expatriate Gregory Clark: ‘Even allowing for the vast amounts of ego, it’s just absurd that an Australian who has made it in Japan, and who sits on government committees, gets ignored.'”

Gregory Clark beams: “Just pulled in a biggie!” he tells me as he puts down the phone. We are at Tokyo Airport about to jump on a plane for Osaka where Clark is giving a lecture to a group of Japanese executives. The “biggie” is an invitation to give another talk–to one of Japan’s big business bodies. It’s nice to see him smiling, because he can be fearsome when he’s not.

Once, in the middle of a cordial argument while having a drink, I suggested he stop complaining about one of the many decades-old issues that still obsess him. That evening, it was the way he was run out of the Australian Foreign Affairs department for opposing the Vietnam war. It was as though someone had just shot puce-colored dye into his veins. His neck bulged, and he slammed the table. But a few mintues later, he was his charming self. Clark can be like that–especially when you get him on the subject of Australia.

Ex-Canberra bureaucrat, ex-journalist and ex-diplomat, Clark, 57, has lived in Japan in a sort of self-imposed exile from Australia since the late seventies. He teaches advanced Japanese to foreigners at a university in Tokyo, which is nice because it allows him to put the title of Professor in front of his name. It helps that he speaks advanced Japanese, too. He writes for up-scale newspapers and magazines in Japan and around the world, including an occasional column for The Australian; is setting up a management centre on 12 hectares of land he owns on the edge of Tokyo; and, a few times a week, gives lectures telling the Japanese in their own language about their unique “tribal” or “village-like” culture, at anything from $2500 to $6500 a time.

Clark has still had time over the years to pen the odd short book on different topics, sit on a range of Japanese government committees, and collect the rent on a residential property he owns in the heart of Tokyo, where even in the middle of a calamitous collapse, prices are embarassingly high by world standards. Prices are relative, of course, depending on when you get into the market and when you get out, but Clark got in early–well before the boom.

Add that to the proceeds from the occasional tickle on the Tokyo stockmarket — “the best way is to watch it, and short it,” he confides, referring to the practice of selling stock in anticipation of a price fall before buying again. And you can see that Japan has been good to him.

So Gregory Clark is rich and successful, and by a long-shot the most famous Australian in Japan. But is he happy? Not really, which is where Australia comes in.

Greg Clark is the first of nine children sired by Sir Colin Clark, a famous economist and statistician who is credited with measuring and describing concepts in the thirties that are part of everyday economic jargon these days. While working with one of the centuries most influential economists, John Maynard Keynes, at Cambridge University, Colin Clark coined and refined such terms as gross national product, and primary, secondary, and tertiary industry.

He came to Australia in 1937 and worked in a variety of government jobs, most priminently as head of the Treasury in the Queensland Government. He had stints back at Oxford and at Chicago University before returning to Australia where he died in 1989. “He became a Santamaria fanatic–you know, 25 acres and a pig and that sort of thing,” says his son. “Except he had 10 acres and nine children.”

Colin Clark was also the subject of a thesis just after the war by a young Japanese economist called Kiichi Miyazawa, who then rose through the bureaucratic and political ranks to become prime minister, a connection that hasn’t hurt his son since he arrived in Tokyo. Japan’s leading conservative daily, The Yomiuri Shimbun, also listed Clark as an academic contact of the country’s new Prime Minister, Morihiro Hosokawa.

Greg Clark joined the department of Foreign Affairs in 1956, studied Mandarin Chinese as part of language training in Hong Kong, and was later posted to the then Soviet Union where he remembers Canberra “made me go to explain to them all the time what terrible atrocities the Vietcong were committing”. This period, plus later study in Japan, has given him three foreign languages–Russian, Mandarin, and Japanese–which he speaks and reads in varying degrees of skill. In Japanese, he is virtually fluent.

These days, Australia is a subject you ohnly have to prod Clark with very lightly to get him going. He has a list of grievances which goes on and on: starting with victimisation when he opposed the Vietnam war and China policy, to the mistreatment he says he recevied while working as a bureaucrat in the Whitlam government, and finally, worst of all in his eyes, the way he claims he has been ignored by the academics and sometimes blackballed by diplomats in charge of the Japan industry in Australia.

“I just think it’s a tragedy–it’s a tragedy for me, and a tragedy for Australia,” he says. “Even allowing for the vast amounts of [his own] ego, it’s just absurd that an Australian, who has made it in Japan, and who sits on Government committees, and who would be known by every second person, gets ignored. It’s just totally ratshit.”

Clark’s big falling out with those around him was over his opposition to the Vietnam war. “The establishment turned the big guns on me,” he says, including, he claims, the pioneer of post-war Australia-Japan trade, Sir John Crawford. That was followed by a stint at the Australian National University in Canberra, where he aborted his Ph.D with only a few months to go to take up a job as this newspaper’s correspondent in Tokyo in 1969. Clark’s patron at this time was John Menadue, then general manager of News Limited, who got him the job in Tokyo, and then brought him home to work with him when Menadue became head of the Prime Minister’s department in the Whitlam government.

The Canberra experience ended badly. Clark felt he was sidelined by Menadue and let down by Whitlam. After the government fell, he burnt his bridges by penning an article for the National Times savagely critical of the Whitlam government, and returned to Japan to join his long-time partner, Yasuko Tano, and their two chldren and to rebuild his career as a writer and teacher.

Two years later, Menadue was back in Tokyo as Australian Ambassador, and according to his friends, was shocked at Clark’s reaction. “When John became ambassador, that sent Greg into a real frenzy whenever you’d mention him, and he wrote several articles disparaging the embassy because nobody in the diplomatic part of it could speak Japanese,” says one man who knows both Clark and Menadue. Clark maintains he never attacked Menadue personally. Menadue declined to comment for this article.

Clark’s relationship with the Foreign Affairs establishment was soured even further by an episode that occurred when he launched his book about Japan’s “tribal” society in the late seventies. As an example of Japan’s “tribalism” and “groupism”, he recounted how Japanese journalists based in Australia had collectively ignored a report published in local newspapers in the mid-seventies about how our intelligence agencies were eavesdropping on Japanese diplomatic traffic out of Canberra.

“By the way,” Clark recalls telling a Newsweek reporter in Tokyo when he was promoting the book, “you might want to look at the bottom of page 138” –where the incident was briefly mentioned. The result was a large story in the international news magazine, with a headline about an “ex-diplomat” revealing that Australia spied on its largest trading partner. Canberra was not amused, and Clark was put on the Australian Embassy’s black list in Tokyo.

“It was humiliating and degrading to have these ASIO types sitting in the embassy–these are uneducated people who don’t speak Japanese–deciding that I was a threat to Australian security,” he says. A former intelligence officer who served in the embassy in Japan confirmed that Clark had been put on a loose sort of “black list” restricting formal contacts because, the officer says, “of the narrowmindedness and sheer bastardry of senior officers in Canberra.”

At the same time, Clark was steaming over getting what he says was the cold shoulder from an organisation he says he helped set up in the early seventies, the Australia-Japan Research Centre at the ANU. The centre, which is important and influential in Japan studies and policy in Australia, was just beginning to flourish under its founder, Professor Peter Drysdale, who still heads it today. “I have never had any disagreement with Drysdale,” says Clark, “but I was completely excluded, and at the time, it hurt. Universities are not set up to do this sort of thing. Drysdale is not known in Japan, but I have sat on all these committees. I mean, what the hell is going on!”

Drysdale and Clark are a study in contrasts. The former, a low-profile mainstream academic who speaks only a little Japanese but has good contacts in the country, has been crucial in formulating Australia’s regional trade and Japan policies. Clark, an outspoken maverick with few self-censoring mechanisms, has been eagerly, but not always easily, ignored by Canberra’s policymakers.

Professor Drysdale, contacted in Canberra, declined to respond to Clark’s comments, but the Emeritus Professor of Economics at the ANU, Heinz Arndt, who supervised Clark’s Ph.D at the ANU until his student quit “to my utter disgust” just before he finished, remembers the problem this way. “Drysdale and the whole group were not happy about bringing him into the project, partly because he was in Tokyo, and partly because of differences in approaches and temperament. In other words, he is an extremely difficult person who thinks that anybody who disagrees with him is a complete idiot.”

Professor Arndt is not the only one who puts Clark’s problems down to his temperament. “Greg is a peculiar bloke–he has a knack of rubbing people up the wrong way,” says one person who knows him well. “That’s not something that just blossomed when he went back to Japan, and it’s always made it difficult to make people feel loyal to him. Greg does not have many loyal friends because he does not earn them. His assessment of himself is not a universally accepted one either. It would be difficult to mention any job from prime minister of the world down that Greg does not feel he could admirably fill.”

“Anyone who competes on the same turf is a bit of a hate figure,” says another friend of Clark’s.

But just as a chill set in for Clark in Australia, a new day dawned in Japan. Clark’s theories about Japan’s “village-like” society proved to be a big hit when delivered in Japanese by a foreigner. The lucrative speaking circuit opened up, and for the past 15-odd years he has toured the country giving different and updated versions of a similar lecture to business, industry and community associations. In a society with the depth, organisation and thirst for information of Japan, there is a rich vein to be mined–he has been to the city of Nagasaki, for example, about 16 times to talk to different groups.

Give up to 150 to 200 lectures a year, as he does, and it becomes a rewarding occupation. The fee depends on whom he is addressing, he tells me as we get on the plane to take us to Osaka where he is going to speak to executives from the iron and steel industries. Today rates as a middle-ranking engagement–an afternoon’s work for Y400,000 plus expenses, or about $5,500. “The people you screw are the companies, who are putting it on for the benefit of their customers,” he says. “the whole thing is purely commerical, so there is no hesitation in insisting on the full fee.”

The speech I hear him deliver to the steel executives group in Osaka is witty, fluid and delivered with a practiced panache and a stream of punch lines. The audience loves it. His host, Shizuka Hayashi of Daido Steel, tells me later that Clark’s “tribal” theories make lots of sense. “Professor Clark said the Japanese tend to cooperate when they are working in small groups. This was particularly good to hear because this is exactly what we are trying to do in our companies and workplaces,” he says. And what did he think of the Y400,000 price tag? “Well, to tell the truth,” he sayss, “it was more than we expected, but it was worth it.”

As any foreigner who comes to Japan realises, there is a fortune to be made in telling the Japanese about themselves. “I should have got in on this racket before,” Clark remembers thinking when he first realised what he had tapped into. “I would get up in the morning and pinch myself about what was happening. Suddenly, I was in a situation where nobody can touch me. It was night turned into day.”

Clark says later: “For a nation not to have any fundamental guiding principle–that’s what a tribe is. I am telling them you have to get rid of the kabuki and ikebana shit. You have to get people involved in this society, and people will get to appreciate Japan for what it is.” He continues: “The gaijin [foreigner] who comes here, and can speak with authority, gets far more attention than he deserves–because in this society, people can’t get up and say all sorts of things.”

*******************************

Clark can get violently indignant about how people in Australia don’t recognise his achievements in Japan, including sitting on numerous special government advisory committees–the so-called shinigikai [sic]. Last year, for example, he was nominated by then prime minister Miyazawa to sit on a shinigikai on the future of the Japanese economy, but complains that nobody in the embassy ever contacted him to tap into what he had learnt. But in the next breath, he can drip with cynicism about the same same system, and the opportunities it offers people like him. “They are not inviting you [onto these committees] for your wisdom, you know,” he tells me at one stage. “They are asking you because of your celebrity status, so you have to keep it up.”

Clark’s message is especially value-added for a Japanese audience because his message is that Japan is unique is what many Japanese love to hear. “Unique?” he says. “I happen to agree with them. It does not do any harm [to be invited to speak], but I happen to believe it.”

Other see Clark’s proselytising of his “tribal” theories in a much more insidious light. One sharp critic is Dutch journalist Karel van Wolferen, the author of the iconoclastic 1989 best-seller The Enigma of Japanese Power. Van Wolferen’s book says ordinary Japanese are rendered powerless by something he calls “The System”, which consists of a raft of unofficial social controls not regulated by law, or subject to genuine political discussion. When the book came out, Clark said it was full of errors, and denounced it in a magazine as being venomously anti-Japanese and Eurocentric to the point of almost being racist.

Clark, van Wolferen responded, is a “foreign servant of The System” and the committees he serves on are there just to give an “illusion of democracy”. “Whether intentionally or not,” he wrote in the Gekkan Asahi magazine, “Mr Clark reassures Japanese readers all the time that it is true what they have always been told; that they are unique in a special way because of having constructed an advanced civilisation on ‘primary group’ values. This is certainly the kind of thing that Japanese occupying high positions in the institutions that share power want everybody to hear. I write many Japnese do not like to hear because it is the opposite: that consensus is, in fact, rare and difficult to achieve, that there is much intimidation in Japanese society, that it is much less cosy than the village-type society imagined and idealised by Mr Clark. So he reassures Japanese people that a Westerner like me who says such things is Western-centric and hates Japan… Another reason why I say that Mr Clark serves The System is that what he writes is only for Japanese consumption.

“No-one among those many foreigners who are interested in Japan, but who cannot read Japanese, has been able to consider his ideas in detail, because the book that has made him famous in Japan has never come out in any other language.” Ouch! Being a Japanese specialist is a bruising business. But if Clark is a “foreign servant of The System”, then not all of the bureaucrats realize it. Clark has enraged the Japanese Foreign Ministry in Tokyo, for example, by pursuing a campaign critical of its claim against Russia for the return of the four small islands to the north of Japan seized by Stalin at the end of the war. Clark’s assertion in numerous articles in the Japanese and international media that Tokyo gave up its claim years ago has been highly effective, something that can be gauged from how apoplectic some Japanese diplomats go at the mention of his name.

These battles get Clark attention in Japan, but they are not the ones closest to his heart. They remain at home. The mismanagement of the Australian economy and industry policy is one recurring theme. Canaberra’s fatal attraction to free trade is another. Both, of course, allow him to target the hated Canberra bureaucrats who he says forced him out. But many of his pet issues are still the same bureaucratic battles he fought in the sixties and seventies.

Going home is the only way to exorcise these bitter demons. Clark says he tried to return to the Australian mainstream by taking up an offer to become scholar-in-residence at the Foreign Affairs department in the mid-eighties, but claims the then minister, Bill Hayden, vetoed it. A spokeswoman for the now Governor-Genneral confirms he rejected, in April 1986, a suggestion that Mr Clark should get the position.

He also applied for the job of trade commissioner to China in the mid-eighties. “That would have been quite a comedown for me,” he says. “My idea was to take a loss of income for three to four years, and ideally use the job to get back into the bureaucracy.” He didn’t get the job. John Menadue, then head of the deapartment, is understood to have made his opposition clear. One member of the selection committee was Stephen Fitzgerald, Australia’s first ambassador to Beijing in 1972, and an old colleague of Clark’s from university in Canberra in the sixties, when both were studying Mandarin. Fitzgerald said he didn’t oppose Clark, but when Fitzgerald’s name comes up, Clark splutters: “He owes his position to me–the little bastard.”

It turns out that his complaint is nothing to do with the trade job, but goes all the way back to the sixties. Clark claims credit for getting Fitzgerald started in Chinese studies, but feels the favour was never returned. It is another demon.

“Ah, Greg, he’s a funny guy,” says Fitzgerald when I relay this comment. “I have a great respect for Greg — it was only a couple of years ago when we were talking about doing something between Japan and Australia. But he’s a kind of captive almost to this day of reliving the fights of the sixties as though he can’t escape them. It’s weird. When I was strting the Journal of Australian Chinese Studies, I wrote to him suggesting he write an article about Japan-China relations. He wrote back that it would be much more interesting to write about what happened in Foreign Affairs in 1965-66.” Clark’s obsession with the past makes it difficult to contribute in the present, even when he knows as much as any Australian about Japan and China, and much of Asia, and their languages.

“To be an oracle,” says Fitzgerald, “you must have an element of the protean. It’s all very well to be messianistic, but even messianics have to be manipulative. You have to adapt to people’s personalities. It requires a lot of crafting. You must suppress ego, and also your sponteneous tendency to be contemptuous of other people.” Clark gramaces when I tell him what Fitzgerald has said. Fitzgerald is right in a way, he admits. He should leave these things behind, but he still wants to stress that these are important issues. We have a beer and I leave. Wating for me when I come into my office early next morning is a three-page, densely typed fax. It contains a detailed account of what Clark calls the “main event” straining his ties with the Labor Party–a debate in the bureaucracy about the need for a treaty between Australia and Japan. It was a debate Clark lost. “I was left swinging in the wind, again,” he says. It is a remarkable document–full of fascinating insight, personalities, bitchiness and self-pity. It could be part of a great book about Clark’s life and times. He should write it himself. Put it all on the record. Let it all hang out.

Then, perhaps, he can get on with the rest of his life.

ARTICLE ENDS
========================

SUPPLIMENTARY NOTE FROM ARUDOU DEBITO:
I received a photocopy of this article from a person who has had professional contact with Clark. The sender enclosed a short memo saying the following:

“Dave, I have the dubious distinction of inviting him to lecture. A Y600,000 fee & airfares for a two-hour, not a second more, dated speech. I know, because we had a taped one from 8 years given previously. And he had the nerve to ask us to sell his books at the door. No question time, either.”

HELP JOURNAL FEATURE ON GREGORY CLARK ENDS

MORE ON HIS LIFE AND LINGUISTICS HERE

Question on Welfare Assistance (seikatsu hogo) and privacy rights

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Got a question from TtoT at The Community today that deserves answering. In these days of mass layoffs and people on unemployment insurance, apparently the welfare offices are able to call up relatives and check to see if applicants really are financially as badly off as they say. As the poster points out below, there are privacy issues involved. Anyone know more about this? If so, comments section. Thanks. Arudou Debito in Sapporo

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

I’ll state from the outset that I am in strange waters on this one,
but an acquaintance from years back that remembers our old group and
the help we offered rang me up a few hours ago and asked me an
interesting question. It has had me poking around the Net and
thinking very hard. Now I turn to y’all.

She and her husband have applied for seikatsuhogo, or welfare
assistance. I knew nothing about this, so I went to the Ministry of
Health, Labour, and Welfare website and found this
http://www.mhlw.go.jp/bunya/seikatsuhogo/seikatuhogo.html

Okay, so far so good. But here’s why she called me. It seems that
one of the requirements for receiving this welfare is that the local
government will call relatives and ask about their ability to help
this lady’s family. This seems to be a big problem. Her husband now
seems to be shamed into not applying for help.

But the reason she called me was because she is wondering about a
government agency calling a *relative* and essentially providing
private information, which is that this family is in serious
financial trouble and asking for help from the government.

I just don’t have a clue here, but something does feel odd here.
There must be some sort of regulations related to government workers
passing along information to outsiders. I mean those outside the
immdediate family. The first thing that comes to mind is how they
define *relative*. And why I put it in special marks in the previous
paragraph.

Do any of you know anything about this? Do any of you know where I
can find the regulations pertaining to government responsibility in
maintaining private information? Oddly enough, I can’t find a
government document outlining their regulations, but I assume that’s
just because of my poor Japanese.

Any help would be appreciated. Thank you.
ENDS

Wash Post on GOJ efforts to get Brazilian workers to stay

mytest

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

Hi Blog. Long article last week about an apparent turning point in GOJ policy to try to train NJ workers to stay. Good. The only cloud I can find in this silver lining is why so much concentration on Brazilian workers? There are Peruvians, Chinese, Filipinas/Filipinos and other nationalities here that deserve some assistance too.

Did the reporter just stick to his contacts in the Brazilian communities, or is the program only directed towards the blood-tie Nikkei because they’re “Japanese” in policymaker eyes (not a stretch; that was the reason why Keidanren pushed for establishing their special “returnee visa” status)? If the latter, then we have Nikkei Peruvians that needed to be covered in this article too. Sorry, nice try, but this report feels incomplete. Arudou Debito in Sapporo

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

Japan Works Hard to Help Immigrants Find Jobs
Population-Loss Fears Prompt New Stance
By Blaine Harden
Washington Post Foreign Service
Friday, January 23, 2009; A01

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/22/AR2009012204150.html

UEDA, Japan — The last thing that aging Japan can afford to lose is young people. Yet as the global economic crisis flattens demand for Japanese cars and electronic goods, thousands of youthful, foreign-born factory workers are getting fired, pulling their children out of school and flying back to where they came from.

Paulino and Lidiane Onuma have sold their car and bought plane tickets for Sao Paulo, Brazil. They are going back next month with their two young daughters, both of whom were born here in this factory town. His job making heavy machinery for automobile plants ends next week. She lost her job making box lunches with black beans and spicy rice for the city’s Brazilian-born workers, most of whom have also been dismissed and are deciding whether to leave Japan.

“We have no desire to go home,” said Paulino Onuma, 29, who has lived here for 12 years and earned about $50,000 a year, far more than he says he could make in Brazil. “We are only going back because of the situation.”

That situation — the extreme exposure of immigrant families to job loss and their sudden abandonment of Japan — has alarmed the government in Tokyo and pushed it to create programs that would make it easier for jobless immigrants to remain here in a country that has traditionally been wary of foreigners, especially those without work.

“Our goal is to get them to stay,” said Masahiko Ozeki, who is in charge of an interdepartmental office that was established this month in the cabinet of Prime Minister Taro Aso. “As a government, we have not done anything like this before.”

Japanese-language courses, vocational training programs and job counseling are being put together, Ozeki said, so immigrants can find work throughout the Japanese economy. There is a shortage of workers here, especially in health care and other services for the elderly.

So far, government funding for these emerging programs is limited — slightly more than $2 million, far less than will be needed to assist the tens of thousands of foreign workers who are losing jobs and thinking about giving up on Japan. But Ozeki said the prime minister will soon ask parliament for considerably more money — exactly how much is still being figured out — as part of a major economic stimulus package to be voted on early this year.

The government’s effort to keep jobless foreigners from leaving the country is “revolutionary,” according to Hidenori Sakanaka, former head of the Tokyo Immigration Bureau and now director of the Japan Immigration Policy Institute, a research group in Tokyo.

“Japan has a long history of rejecting foreign residents who try to settle here,” he said. “Normally, the response of the government would have been to encourage these jobless people to just go home. I wouldn’t say that Japan as a country has shifted its gears to being an immigrant country, but when we look back on the history of this country, we may see that this was a turning point.”

Sakanaka said the government’s decision will send a much-needed signal to prospective immigrants around the world that, if they choose to come to Japan to work, they will be treated with consideration, even in hard economic times.

There is a growing sense among Japanese politicians and business leaders that large-scale immigration may be the only way to head off a demographic calamity that seems likely to cripple the world’s second-largest economy.

No country has ever had fewer children or more elderly as a percentage of its total population. The number of children has fallen for 27 consecutive years. A record 22 percent of the population is older than 65, compared with about 12 percent in the United States. If those trends continue, in 50 years, the population of 127 million will have shrunk by a third; in a century, by two-thirds.

Japan will have two retirees for every three workers by 2060, a burden that could bankrupt pension and health-care systems.

Demographers have been noisily fretting about those numbers for years, but only in the past year have they grabbed the attention of important parts of this country’s power structure.

A group of 80 politicians in the ruling Liberal Democratic Party said last summer that Japan needs to welcome 10 million immigrants over the next 50 years. It said the goal of government policy should not be just to “get” immigrants, but to “nurture” them and their families with language and vocational training, and to encourage them to become naturalized citizens of Japan.

The country’s largest business federation, the traditionally conservative Nippon Keidanren, said in the fall that “we cannot wait any longer to aggressively welcome necessary personnel.” It pointed to U.N. calculations that Japan will need 17 million foreigners by 2050 to maintain the population it had in 2005.

Among highly developed countries, Japan has always ranked near the bottom in the percentage of foreign-born residents. Just 1.7 percent are foreign-born here, compared with about 12 percent in the United States.

The Japanese public remains deeply suspicious of immigrants. In an interview last year, then-Prime Minister Yasuo Fukuda suggested that the prospect of large-scale immigration was politically toxic.

“There are people who say that if we accept more immigrants, crime will increase,” Fukuda said. “Any sudden increase in immigrants causing social chaos [and] social unrest is a result that we must avoid by all means.”

Here in Ueda, a city of about 125,000 people in the Nagano region, a recent survey found that residents worried that the city’s 5,000 immigrants were responsible for crime and noise pollution.

“The feeling of the city is that if foreigners have lost their jobs, then they should leave the country,” said Kooji Horinouti, a Brazilian immigrant of Japanese descent who works for the Bank of Brazil here and heads a local immigrant group.

It is not just the residents of Ueda. The Japanese government, until this month, had done little to train foreign-born workers in the country’s language or to introduce them to life outside the factory towns where most of them work, according to Sakanaka, the immigration expert.

By contrast, the German government in recent years has offered up to 900 hours of subsidized language training to immigrants, along with other programs designed to integrate them into German society.

Japan had moved much, much more slowly.

It changed its highly restrictive immigration laws in 1990 to make it relatively easy for foreigners of Japanese descent to live here and work. The change generated the greatest response from Brazil, which has the world’s largest population of immigrant Japanese and their descendants.

About 500,000 Brazilian workers and their families — who have Japanese forebears but often speak only Portuguese — have moved to Japan in the past two decades.

They have lived, however, in relatively isolated communities, clustered near factories. Because the government hired few Portuguese-speaking teachers for nearby public schools, many Brazilians enrolled their children in private Portuguese-language schools. With the mass firings of Brazilian workers in recent months, many of those schools have closed.

Paulino and Lidiane Onuma sent their 6-year-old daughter, Juliana, to the Novo Damasco school here in Ueda, where she has not learned to speak Japanese.

Her parents, too, speak and read little Japanese, although they moved to Japan as teenagers. There has been no government-sponsored program to teach them the language or how to negotiate life outside their jobs.

“Japan is finally realizing that it does not have a system for receiving and instructing non-Japanese speakers,” said Sakanaka, the immigration policy expert. “It is late, of course, but still, it is important that the government has come to see this is a problem.”

Had they known there would be language and job-training programs in Ueda, the Onuma family might not have sold their car and bought those tickets for Sao Paulo.

“If those programs existed now,” Lidiane Onuma said, “I might have made a different choice.”

Special correspondent Akiko Yamamoto contributed to this report.

ENDS

Kyodo: Special unemployment office being studied for NJ workers with PR

mytest

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

Hi Blog. Here’s some very mixed news. The GOJ will study how to offer help unemployed NJ to make sure inter alia their kids stay in school. Thanks, but then it limits the scope to Permanent Residents. Probably a lot more of the NJ getting fired are factory workers here on visas (Trainee, Researcher, etc) that give the employer the means to pay them poorly and fire them at will already. So why not help them too? Oh, they and their kids don’t count the same, I guess. Considering how hard and arbitrary it can be to get PR in the first place, this is hardly fair. Expand the study group to help anyone with a valid visa. Arudou Debito in Sapporo

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

Gov’t to set up office to support foreign residents who lose jobs

TOKYO —

The Japanese government will establish an office to study measures to support foreign nationals with permanent residency status who lose their jobs amid the recession, Yuko Obuchi, state minister on Japan’s declining child population, said Friday. ‘‘We would like to expedite studying measures needed based on reports from people concerned on their actual difficulties and needs,’’ she said at a press conference.

Last month, Chief Cabinet Secretary Takeo Kawamura said Japan will provide support to foreign nationals with permanent residency who have lost their jobs and are suffering economic hardship amid the deteriorating economy. ‘‘Japanese people are facing difficulties under current employment conditions, and foreigners must be facing more difficulties,’’ Kawamura said, adding that the government will set up a team to tackle the issue. The measures are expected to include one to help them find jobs and another to help foreign children attend schools, Kawamura said.

ENDS

Another excellent JT article on dual nationality and the conflicts within

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Here’s another article from the toshiake excellent series in the Japan Times on Japan’s loopy nationality laws: This time talking about what some people who are the projects of J-NJ unions in Japan face in terms of legality and societal treatment. It raises the question we’ve been asking here on Debito.org for more than a decade now: Why do we have to force these people to give up part of themselves to be Japanese? What good does it do them, and how does it serve the interests of the State to put people through this identity ordeal? Enough already. Allow dual nationality and be sensible. You’ll get more Nobel Prizes. Arudou Debito

PS:  Note how Sunny Yasuda below felt rotten being called a “gaijin”, much better after being at least qualified as some sort of Japanese.  It’s that word again.  SITYS.

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

THE MANY FACES OF CITIZENSHIP
Benefits in offing for those allowed multiple citizenship
The Japan Times: Saturday, Jan. 3, 2009
By ALEX MARTIN, Staff writer

Second in a series

Sunny Yasuda can only vaguely remember his father. By the time he was born in Tokyo in 1975, his parents’ marriage was on the verge of collapse, and his Indian father soon returned to his homeland, leaving his Japanese mother on her own to raise their three children.

News photo
My place: Sunny Yasuda stands in front of the restaurant he manages in Tokyo on Monday. ALEX MARTIN

Yasuda cannot speak English, Hindi or any Indian languages, and as far as upbringing is concerned, is Japanese in every single aspect except for his appearance — his tanned complexion and South Asian features reflect his mixed background, something he recalls has always forced him to be an outsider when he was growing up.

And like so many other offspring of international relationships, Yasuda has experienced his share of dealing with Japan’s Nationality Law, which forbids retention of multiple citizenships to those over 22 — a rule the government cannot enforce due to technical difficulties, and an ambiguity that affects the lives and identity of many with similar backgrounds to Yasuda.

“I was the unlucky one,” Yasuda joked, when recalling how his older brother and sister both filed for Japanese nationality soon after Jan. 1, 1985, when the law was amended to allow Japanese nationality to children born in Japan to Japanese mothers.

Inheritance of citizenship was previously based on paternal lineage, and Yasuda and his siblings were all registered as Indian nationals upon birth.

“They had a choice, I didn’t,” Yasuda said, referring to the difference between him and his older brother and sister.

Those aged over 15 during the three years after the new law came into effect were considered eligible to apply without parental consent, and Yasuda’s siblings satisfied the requirement.

Yasuda, however, was 9 at the time, and needed both his father’s and mother’s written approval, which he could not obtain. His parents never officially filed for divorce — if they had, his mother’s consent would have been enough. His father had long since left the country and had effectively ceased contact with the family.

“Even if I had dual nationalities, I think I’d still have opted to be Japanese. I was told that you had to decide on one before you turned 20 or 21, and that’s what my brother and sister did,” he said.

Yasuda became a naturalized Japanese citizen when he was 17, soon after he attained permanent residency status. “We’re all Japanese now.”

“You know, you just ask yourself, ‘What’s the point?’ ” Yasuda said, recalling why he gave up his father’s nationality.

“I’d never been to India, and I only met my father once or twice when I was a kid. I heard he’s already passed away,” he said.

Still, Yasuda believes that people like himself, who were ignorant of the law or their cultural backgrounds due to the environment they grew up in, should be offered another chance.

“India’s in my blood. Yeah, I grew up in Japan, but it’s still a part of my roots. If I’d had the chance now, I would definitely want Indian nationality. It’ll give me new chances, new potentials, whether it be work-related or not,” he said, recalling how he had always been forced to be conscious of his racial heritage.

“Whatever job I took, wherever I went, I’d always start off as the ‘gaijin’ (foreigner),” said Yasuda, who has been working in bars and restaurants since finishing junior high school. He said that began to change when he was around 20.

“I think it was around then that I noticed a lot more foreigners in town. People began complimenting me for being a ‘half’ (of mixed descent), and I guess that sort of turned things around for me, changed my attitude, helped me feel positive,” he said, adding that if he ever has children, he would be sure to educate them about the culture of their grandfather’s country.

The number of international marriages in Japan has steadily increased over the years, peaking in 2006 at 44,701, accounting for 6.5 percent of all marriages that year according to health ministry statistics. The number of children born with multiple nationalities is believed to have been increasing accordingly, with unofficial government estimates predicting that there were 530,000 as of 2006.

Take the case of a 25-year-old Tokyo-based freelance Web and graphic designer born to a Japanese mother and British father. The man, who declined to be identified, decided to retain his dual nationality status even after he turned 22, when those with multiple nationalities are advised to officially give up one or the other.

The man initially only had British citizenship until his parents filed for his Japanese nationality following the 1985 amendment. He grew up receiving a Japanese education until high school, when he decided to transfer to a school in the U.K., eventually attending university there before returning to Japan.

“I’ve got two passports under two separate names. One has my Japanese name, the other my English name. How could authorities determine if it’s the same person?” the designer asked, adding that even if they did find out that he still kept both, there would be nothing they could do to force on him a decision — it would be tantamount to intervening in the internal affairs of the other nation.

He noted, however, that if he were forced to renounce either one of his nationalities, he would keep his British citizenship.

“Practically speaking, I could probably file for permanent residency in Japan relatively easily, having lived here for so long,” he said, adding that he felt being European would be more useful in his life.

“You know, I think this law is sort of like an urban legend,” he added, referring to the ambiguity of the age limit that some comply with but many are said to ignore, and the public’s lack of knowledge regarding the facts of the law.

“I’ve been paying my Japanese taxes, pension fees, I’ve got voting rights — I’d protest if authorities came to me now and took my Japanese nationality away,” he said, adding that he didn’t understand why Japan, with no mandatory military draft, disapproves of multiple nationalities.

This sentiment was echoed by a 30-year-old woman born in Japan to an American father and Japanese mother.

“I don’t understand the downside for Japan to allow dual nationalities. With a shrinking population and workforce, I would think they would want to encourage as many people as possible to live and work in Japan,” said the woman, a production specialist working for a Japanese game maker in San Francisco.

She, like her U.S.-born twin brother and sister, is a U.S. citizen, with permanent resident status in Japan. Her youngest brother, however, was born after 1985 and retains both nationalities.

“The real discrepancy (in the family) is between (my youngest brother) and me. We were both born in Japan to the same parents, but I was born 10 years earlier than him,” she said, explaining how her parents considered getting Japanese nationalities for their three older children after 1985, but in the end felt it was more hassle than it was worth.

The woman said that because she doesn’t have Japanese citizenship, she had to return to Nagoya, her home city, every few years to renew her re-entry permit, something her youngest brother doesn’t have to do.

“Another thing that bothers me recently is the right to vote,” she added. “As someone who’s spent the great majority of her life in Japan and has every other privilege as a Japanese person, I think it makes sense that I should have a voice on the decisions being made in government that would affect my life.”

In Mika Yuki’s case, however, it wasn’t the 1985 amendment that prompted her family to file for her Japanese nationality.

Her father originally came from Hong Kong. After marrying his Japanese wife and having fathered Yuki, he became a naturalized Japanese citizen in 1986, and on the same day, applied for her Japanese citizenship, passing on his newfound nationality to his daughter, who was born as a British national.

“I’ve never visited England in my life, and was never too conscious of my British nationality,” said Yuki, 26, who spent her high school and college years in the United States before returning to Japan to work at her father’s jewelry company in Tokyo.

She said that although she does consider Japan her home, she never strongly felt Japanese. Spending part of her youth in the U.S., she recalls how she always felt slightly out of place in both Japan and the U.S.

“I’ve thought about nationality and about its significance many times,” she said. “But in the end, it doesn’t really matter where I was born. I belong where my family is.”

Yuki said she was not even sure if she still retained her British citizenship. “I was told that eventually I would have to decide on one nationality over the other, but with the 1997 (handover) of Hong Kong to China, I’m not sure what’s happened to it,” she said.

The British Embassy in Tokyo said that those who haven’t applied for a British National (Overseas) nationality — a tailor-made nationality for Hong Kong residents with British Dependent Territories citizen status — by 1997 would have automatically lost their former British nationality.

Then there’s the case of a 27-year-old Japanese woman. In 2006, she filed marriage papers with her British husband, and the couple had a daughter the following year. The mother currently juggles her career with raising her 1-year-old.

The daughter is Japanese, something improbable before 1985. Her parents haven’t applied for her to obtain British citizenship just yet, although they plan on doing so soon — it could be done any time since the U.K. recognizes dual nationality.

It will be another 20 years before the girl might have to decide — if the current Nationality Law remains unchanged — on one nationality over the other. However, it is impossible to tell how she would perceive her identity when she reaches that age.

“In order for (my daughter) to embrace her international background as something to be proud of, I think it’s necessary that she be able to permanently keep her dual nationalities,” the mother said.

ENDS

Japan Times JUST BE CAUSE Jan 6 2009 reviewing 2008’s human rights advances

mytest

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

Morning Blog.  Here’s my latest Japan Times column, which came out last Tuesday.  Links to sources provided.  Debito

justbecauseicon.jpg
JUST BE CAUSE
2008: THE YEAR IN HUMAN RIGHTS
By Arudou Debito, Article 11 for JBC Column
Published January 6, 2009
Draft Seven as submitted to editor.
Published version at http://search.japantimes.co.jp/cgi-bin/fl20090106ad.html

As we start 2009, let’s recharge the batteries by reviewing last year’s good news. Here is my list of top human rights advancements for 2008, in ascending order:

As we start 2009, let’s recharge the batteries by reviewing last year’s good news. Here is my list of top human rights advancements for 2008, in ascending order:

6) The U Hoden Lawsuit Victory (Dec. 21, 2007, but close enough): The plaintiff is a Chinese-born professor at Japan Women’s University, who sued for damages on behalf of his Japanese grade-school daughter. Abused by classmates for her Chinese roots, she suffered at school and was medically diagnosed with Post-Traumatic Stress Disorder. Professor U took the parents of the bullies to court and won.

WHY THIS MATTERS: In an era when elementary schools are seeing the byproduct of Japan’s frequent international marriages, this ruling sets a positive precedent both for insensitive local Boards of Education and parents who want to protect their kids.
https://www.debito.org/?p=874

5) Strawberry Fields Forever (Feb. 11): Fifteen Chinese Trainees sued strawberry farms in Tochigi Prefecture for unpaid wages, unfair dismissal, and an attempted repatriation by force. Thanks to Zentoitsu Workers Union, they were awarded 2 million yen each in back pay and overtime, a formal apology, and reinstatement in their jobs.

WHY THIS MATTERS: This is another good precedent treating NJ laborers (who as Trainees aren’t covered by labor laws) the same as Japanese workers. It is also the namesake of German documentary “Sour Strawberries” (www.vimeo.com/2276295), premiering in Japan in March.
https://www.debito.org/?p=1018 and https://www.debito.org/?p=1221

4) The increasing international awareness of Japan as a haven for international child abductions. It’s one of Japan’s worst-kept secrets, but not for much longer: Japan’s laws governing access for both parents to children after divorce are weak to non-existent. Consequently, in the case of international breakups, one parent (usually the foreigner) loses his or her kids. As this newspaper has reported, even overseas court decisions awarding custody to the NJ parent are ignored by Japanese courts. All the Japanese parent has to do is abduct their child to Japan and they’re scot-free. Fortunately, international media this year (America’s ABC News, UK’s Guardian, and Australia’s Sydney Morning Herald) have joined Canada’s media and government in exposing this situation.

WHY THIS MATTERS: Our government has finally acknowledged this as a problem for domestic marriages too, and made overtures to sign the Hague Convention on Child Abduction (for what that’s worth) by 2010. More in upcoming documentary “From The Shadows” (www.fromtheshadowsmovie.com).
https://www.debito.org/?p=1660
http://search.japantimes.co.jp/cgi-bin/fl20080826zg.html

https://www.debito.org/?s=child+abduction

3) Opening the 12,000 yen “financial stimulus” to all registered NJ (Dec. 20). The “teigaku kyufukin” first started out as a clear bribe to voters to yoroshiku the ruling Liberal Democratic Party. Then complaints were raised about the other taxpayers who aren’t citizens, so Permanent Residents and NJ married to Japanese became eligible. Finally, just before Christmas, all registered NJ were included.

WHY THIS MATTERS: Even if this “stimulus” is ineffective, it’s a wall-smasher: Japan’s public policy is usually worded as applying to “kokumin”, or citizens only. It’s the first time a government cash-back program (a 1999 coupon scheme only included Permanent Residents) has included all non-citizen taxpayers, and recognized their importance to the Japanese economy.
https://www.debito.org/?p=2104
http://search.japantimes.co.jp/cgi-bin/nb20081113a1.html

2) Revision of Japan’s Nationality Law. If a Japanese father impregnated a NJ out of wedlock, the father had to recognize paternity before birth or the child would not get Japanese nationality. The Supreme Court ruled this unconstitutional on June 4, noting how lack of citizenship causes “discriminatory treatment”.

WHY THIS MATTERS: Tens of thousands of international children have lost their legal right to Japanese citizenship (or even, depending on the mother’s nationality, become stateless!) just because a man was too shy to own up to his seed, or didn’t acknowledge paternity in time. This ruling led to a change in the laws last December.
https://www.debito.org/?p=1715
http://globalvoicesonline.org/2008/11/21/japan-revision-of-the-nationality-law/
http://search.japantimes.co.jp/cgi-bin/nn20090101a1.html

1) The government officially declaring the Ainu an indigenous people (June 6).

WHY THIS MATTERS: Because it not only affects the Ainu. This finally shows how wrong the official pronouncements that “Japan is a monocultural monoethnic society” have been. It also voids knock-on arguments that enforce ideological conformity for the “insiders” and exclusionism for the foreigners. On Sept. 28, it even became a political issue, forcing an unprecedented cabinet resignation of Nariaki Nakayama for mouthing off about “ethnic homogeneity” (among other things). Even blue-blood PM Aso had better think twice before contradicting the Diet’s consensus on this issue.

Let’s see what 2009 brings. Proposals to watch: a) the possible abolition of Gaijin Cards, b) the registration of NJ residents with their Japanese families, and c) dual nationality. Stay tuned to www.debito.org, and Happy New Year, everyone!
735 WORDS

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

Economist on Japanese immigration and conservatism giving way

mytest

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

Hi Blog.  Here’s a roundup from The Economist on how conservatives just don’t have the answers regarding Japan’s future anymore (with their wan and waning hope that immigration can somehow be avoided).  Good also that this article is coming from The Economist, as it has over the past eighteen months done mediocre stuff on Japan’s future demographics without mentioning immigration at all.  And when it later mentioned NJ labor in follow-up writings, it merely inserted one token sentence reflecting the Japan conservatives’ viewpoint.  It seems even the conservatism within my favorite newsmagazine is also giving ground.  Bravo.  Arudou Debito

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

Japanese immigration 

Don’t bring me your huddled masses 

Dec 30th 2008 | NISHI-KOIZUMI 
From The Economist print edition, courtesy of AM

http://www.economist.com/world/asia/displaystory.cfm?story_id=12867328

Not what the conservatives want, yet some people are beginning to imagine a more mixed Japan

 

INFLAMMATORY remarks by Japan’s speak-from-the-hip conservative politicians—among them the prime minister for now, Taro Aso—embroil them in endless controversy with neighbours over Japan’s wartime past. In their defence, conservatives often say that what really concerns them is the future, in which they want Japan to punch its weight in the world. The question is, what weight? Japan’s population, currently 127m and falling, is set to shrink by a third over the next 50 years. The working-age population is falling at a faster rate; the huge baby-boom generation born between 1947 and 1949, the shock troops of Japan’s economic miracle, are now retiring, leaving fewer workers to support a growing proportion of elderly.

Conservatives have few answers. They call for incentives to keep women at home to breed (though poor career prospects for mothers are a big factor behind a precipitous fall in the fertility rate). Robot workers offer more hope to some: two-fifths of all the world’s industrial robots are in Japan. They have the advantage of being neither foreign nor delinquent, words which in Japan trip together off the tongue. Yet robots can do only so much.

The answer is self-evident, but conservatives rarely debate it. Their notion of a strong Japan—ie, a populous, vibrant country—is feasible only with many more immigrants than the current 2.2m, or just 1.7% of the population. (This includes 400,000 second- or third-generation Koreans who have chosen to keep Korean nationality but who are Japanese in nearly every respect.) The number of immigrants has grown by half in the past decade, but the proportion is still well below any other big rich country. Further, immigrants enter only as short-term residents; permanent residency is normally granted only after ten years of best behaviour.

Politicians and the media invoke the certainty of social instability should the number of foreigners rise. The justice ministry attributes high rates of serious crime to foreigners—though, when pressed, admits these are committed by illegal immigrants rather than legal ones. Newspaper editorials often give warning of the difficulties of assimilation.

For the first time, however, an 80-strong group of economically liberal politicians in the ruling Liberal Democratic Party (LDP), led by Hidenao Nakagawa, a former LDP secretary-general, is promoting a bold immigration policy. It calls for the number of foreigners to rise to 10m over the next half century, and for many of these immigrants to become naturalised Japanese. It wants the number of foreign students in Japan, currently 132,000, to rise to 1m. And it calls for whole families to be admitted, not just foreign workers as often at present.

The plan’s author, Hidenori Sakanaka, a former Tokyo immigration chief and now head of the Japan Immigration Policy Institute, envisages a multicultural Japan in which, he says, reverence for the imperial family is an option rather than a defining trait of Japaneseness. It’s a fine proposal, but not very likely to fly in the current political climate, especially at a time when the opposition Democratic Party of Japan is fretting about the impact of immigration on pay for Japanese workers.

Still, a declining workforce is changing once-fixed views. Small- and medium-sized companies were the first, during the late 1980s, to call for more immigrant workers as a way to remain competitive. The country recruited Brazilians and Peruvians of Japanese descent to work in the industrial clusters around Tokyo and Nagoya in Aichi prefecture that serve the country’s giant carmakers and electronics firms.

Now the Keidanren, the association of big, dyed-in-the-wool manufacturers, is shifting its position. This autumn it called for a more active immigration policy to bring in highly skilled foreign workers, whose present number the Keidanren puts at a mere 180,000.

It also called for a revamp of Japan’s three-year training programmes, a big source of foreign workers. These are supposed to involve a year’s training and then two years’ on-the-job experience. In practice, they provide cheap labour (mainly from Asia) for the garment industry, farming and fish-processing. Workers, says Tsuyoshi Hirabayashi of the justice ministry, are often abused by employers demanding long hours and paying much less than the legal minimum wage. Meanwhile, foreigners coming to the end of the scheme often leave the country to return illegally. Mr Sakanaka calls for the training programme to be abolished.

Japanese conservatives, and many others, point to the South Americans of Japanese descent as a failed experiment. Even with Japanese names, they say, the incomers still stand out. Yet in Nishi-Koizumi in Gunma prefecture, just north of Tokyo, a town dominated by a Sanyo electronics plant, the picture is different. In the family-owned factory of Kazuya Sakamoto, which for decades has supplied parts to Sanyo, three-fifths of the 300 workers are foreigners, mainly Japanese-Brazilians.

The town is certainly down at heel by comparison with the nearby capital, though it has a mildly exotic flavour in other respects, including five tattoo parlours on the main street. Yet without foreigners, says Mr Sakamoto, it is very hard to imagine there would be a town—or his family company—at all. His father was the first to recruit foreigners, and the town changed the hospitals and the local schools to suit: there are special classes in Portuguese to bring overseas children up to speed in some subjects. The result, says Mr Sakamoto, is that foreign workers send word home about the opportunities, and other good workers follow. In future, he thinks, the country should be much more welcoming to young people from around Asia.

What this new impetus for change will achieve in the near term is another matter. Not only is policymaking absent and reformism on the defensive but the global slump is hitting Japanese industry particularly hard, and foreign workers foremost. In November industrial output fell by a record 8.1% compared to the previous month, and unemployment rose to 3.9%.

Mr Sakamoto says he has stopped recruiting for now, but plans no redundancies. Yet sackings of Brazilians have begun at the Toyota and Sony plants in Aichi prefecture. Some workers, says a Brazilian pastor there, have been thrown out of their flats too, with no money to return home. In Hamamatsu city, south of Tokyo, demand for foreign workers is shrinking so fast that a Brazilian school which had 180 students in 2002 closed down at the end of December; its numbers had fallen to 30. Much is made of Japan’s lifetime-employment system, but that hardly applies to foreigners.

ENDS

AP/Guardian on Japan’s steepest population fall yet, excludes NJ from tally

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Here’s a bit of a sloppy article from the AP that the Guardian republished unusually without much of a fact-checking (don’t understand the relevance of the throwaway sentence at the end about J fathers and paternity, or of homebound mothers). Worse yet, it seems the AP has just accepted the GOJ’s assessment of “population” as “births minus deaths” without analysis. Meaning the population is just denoted as Japanese citizens (unless you include of course babies born to NJ-NJ couples, but they don’t get juuminhyou anyway and aren’t included in local govt. tallies of population either). Er, how about including net inflows of NJ from overseas (which have been positive for more than four decades)? Or of naturalized citizens, which the Yomiuri reported some months ago contributed to an actual rise in population?  Sloppy, unreflective, and inaccurate assessments of the taxpayer base. Arudou Debito
===============================
Japan sees biggest population fall

Japan‘s population had its sharpest decline ever last year as deaths outnumbered births, posing an escalating economic threat to growth prospects amid a global recession.

With low birthrates and long lifespans, Japan’s shrinking population is ageing more quickly than any other economic power.

Health ministry records estimated the population fell by 51,000 in 2008. The number of deaths hit a record of 1.14 million … the highest since the government began compiling the data in 1947, and the number of births totalled 1.09 million.

Japan’s births outnumbered deaths until 2005, when the trend was reversed. About one-fifth of Japan’s 126 million people are now aged 65 or over.

Japanese increasingly marry at a later age, and working women wait to have children. The survey showed the number of births last year increased by just 0.02% from a year earlier.

The ministry forecast that Japan’s fertility rate – the average number of children born to a woman aged between 15 and 49 – would rise slightly to 1.36 in 2008 from 1.34 in 2007. Exact figures for 2008 were unavailable. The country’s fertility rate is far lower than that of the US, 2.10, and France, 1.98.

In recent years, the government has tried to encourage women to have more babies. But it is rare for fathers to take paternity in Japan, where traditional values tend to keep mothers at home.

Excellent Japan Times roundup on debate on J Nationality Law and proposed dual citizenship

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Here’s an excellent Japan Times roundup of the debate which came out of nowhere last year regarding Japan’s loopy nationality laws, which were once based on what I would call a “culture of no”, as in rather arbitrary ways to disqualify people (as in babies not getting J citizenship if the J father didn’t recognize patrimony before birth). A Supreme Court decision last year called that unconstitutional, and forced rare legislation from the bench to rectify that late in 2008.  Now the scope of inclusivity has widened as Dietmember Kouno Taro (drawing on the shock of a former Japanese citizen getting a Nobel Prize, and a confused Japanese media trying to claim him as ours) advocates allowing Japanese to hold more than one citizenship. Bravo. About time.

The article below sets out the discussions and goalposts for this year regarding this proposal (using arguments that have appeared on Debito.org for years now). In a year when there will apparently be a record-number of candidates running in the general election (which MUST happen this year, despite PM Aso’s best efforts to keep leadership for himself), there is a good possibility it might come to pass, especially if the opposition DPJ party actually takes power.

2009 looks to be an interesting year indeed, as one more cornerstone of legal exclusionism in Japan looks set to crack. Arudou Debito

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

THE MANY FACES OF CITIZENSHIP
Debate on multiple nationalities to heat up
Diet battle lines being drawn in wake of law change and amid Kono effort to rectify dual citizenship situation
By MINORU MATSUTANI, Staff writer
The Japan Times: Thursday, Jan. 1, 2009

First in a series

The issue of nationality had never been discussed more seriously than it was in 2008.

News photo
Big decision ahead: Students of an international school in Tokyo gather for an event. Some will have to choose their nationality in some 10 years if the current Nationality Law prevails. THE JAPAN TIMES PHOTO

In a specific legal challenge in June, the Supreme Court ruled it was unconstitutional to deny Japanese citizenship to children of unwed Filipino mothers whose Japanese fathers had not acknowledged paternity before their birth. Lawmakers quickly went to work to pass a revised Nationality Law in December.

Now, Taro Kono, a Lower House member of the Liberal Democratic Party, the larger of the two-party ruling coalition, is trying to iron out another wrinkle in the law that became apparent in October when it was learned that Tokyo-born Nobel Prize winner Yoichiro Nambu had given up his Japanese nationality to obtain U.S. citizenship.

People like Nambu follow the letter of the law with respect to the Constitution’s Article 14, which requires that Japanese renounce other nationalities by the age of 22 if they wish to keep Japanese citizenship. Yet, according to Kono, there are 600,000 to 700,000 Japanese 22 or older with two nationalities, if not more. In other words, fewer than 10 percent of Japanese with more than one nationality make that choice by the time they turn 22, Kono said.

“The current system puts honest people and those who appear in the media at a disadvantage,” Kono said. In November, he submitted a proposal to an LDP panel he heads calling for the Nationality Law to be revised to allow Japanese to hold other nationalities.

The Justice Ministry acknowledges there are Japanese with other nationalities but does not press them to choose only one.

“Technically, the justice minister can order us to crack down on multiple-nationality holders. But none of the past ministers has,” said Katsuyoshi Otani, who is in charge of nationality affairs at the ministry. By law, someone ordered by the minister to choose a single nationality has a month to do so before Japanese citizenship is automatically revoked.

Lawmakers are divided on Kono’s proposal, which also requires that royalty, Diet members, Cabinet ministers, diplomats, certain members of the Self-Defense Forces and judges hold only Japanese nationality. Liberals stress the need for Japan to globalize, while conservatives express concern that opening up too much will diminish the country’s sense of unity.

Shinkun Haku, a member of the Democratic Party of Japan, the largest opposition party, supports the proposal.

Born to a Japanese mother and a South Korean father, Haku became a naturalized Japanese citizen in January 2003 and won a seat in the Upper House the following year.

Kono’s multiple citizenship plan

• The government allows Japanese nationals to be citizens of other countries.

• Japanese holding other nationalities must declare this to the local authorities where their Japanese residency is registered. Those who fail to do so may be fined or lose their Japanese citizenship.

• Japanese can obtain citizenship elsewhere, except for locations Japan does not recognize, and continue to hold Japanese nationality as long as the other countries allow multiple nationalities.

• People from countries other than North Korea or other areas lacking Japanese diplomatic recognition can obtain Japanese nationality without losing their original citizenship as long as their home countries allow multiple nationalities.

• The Imperial family, Diet members, Cabinet ministers, diplomats, certain members of the Self-Defense Forces or court judges can only hold Japanese nationality.

• Japanese who become presidents, lawmakers, Cabinet ministers, diplomats, soldiers, court judges or members of royalty of other countries will lose their Japanese nationality.

• Japanese who have a Japanese parent and hold multiple nationalities will lose their Japanese citizenship if they have not lived in Japan for 365 days or more by the time they turn 22.

• If Japan goes to war against a country, Japanese public servants cannot hold citizenship in that country.

• Japanese holding other nationalities will lose their Japanese citizenship if they apply for and join the military of other countries.

He was not allowed to have Japanese nationality at birth because the children of a foreign father and Japanese mother were barred from having Japanese nationality until the Nationality Law was revised in 1985.

Multiple-nationality holders were also then required to choose one nationality before their 22nd birthday. Before then, Japanese could be citizens of other countries as well.

Those with multiple nationalities who were 20 or older as of Jan. 1, 1985, were supposed to declare a single choice to local authorities by the end of 1986, and if they had not, it would be assumed they had chosen Japanese citizenship and abandoned any others. Those with a Japanese mother and foreign father who were under age 20 as of Jan. 1, 1985, had until the end of 1987 to settle on a nationality.

Japan is the only developed country that does not automatically grant citizenship to babies born within its territory, allow its nationals to have multiple citizenship or let foreigners vote in local-level elections, Haku said.

“I am not criticizing Japan for that, but now we have 2 million registered foreigners, and one in every 30 babies born here has at least one foreign parent. We are in the midst of globalization whether we like it or not,” Haku said. “We have to discuss very seriously how we should involve foreign residents in building our society.”

He is urging Japanese to change their outlook. “For example, we shouldn’t think we ought to give foreigners local government voting rights out of pity. We should think Japan can become a better country by doing so,” Haku said.

Other lawmakers oppose Kono’s proposal, especially those troubled by the revised Article 3 of the Nationality Law. It previously only granted citizenship to a child born out of wedlock to a foreign mother and a Japanese father if the man admitted paternity before birth, but not after.

LDP lawmaker Hideki Makihara fears that granting nationality easily will bring more problems than benefits.

“I think the immigration policy of many European countries has failed as they have had some serious problems” regarding foreign residents, Makihara said. “We need to be very prudent.”

Makihara also noted that citizens who gave up their non-Japanese nationality will feel cheated if Japan allows multiple nationalities, because “there is no guarantee they will regain their renounced citizenships.”

The proposed revision has also stirred nationalists to action. During Diet deliberations on the bill in November and early December, anonymous bloggers posted messages expressing their concern that foreigners may approach Japanese men to falsely claim paternity in illicit bids to gain citizenship.

Although the bill cleared the Diet on Dec. 5, LDP lawmaker Takeo Hiranuma established a lawmaker group scrutinizing the Nationality Law to prevent bogus claims.

While the LDP is divided on the revision of Article 3, the party is also busy dealing with other important issues. This could mean Kono’s proposal will not be deliberated seriously anytime soon, political scientist Hirotada Asakawa said.

With Prime Minister Taro Aso’s approval rate declining and the global economy in serious recession, Aso wants to impress voters by swiftly passing bills on the supplementary budget for the current fiscal year that would finance a ¥2 trillion cash handout program during the Diet session starting later this month, Asakawa said. The LDP then has to pass the budget for the next fiscal year during the same Diet session.

“These issues are enough of a handful. The LDP will also have to prepare for an anticipated Lower House election, which could happen who knows when,” he said. “In such a crucial time, the LDP will not want to discuss Kono’s proposal, which is likely to divide the LDP.”

Nevertheless, many lawmakers seem to agree that the current situation, in which many Japanese unlawfully hold multiple nationalities, needs to be fixed.

The case of former Peruvian President Alberto Fujimori, born to a Japanese couple who emigrated to Peru early last century, is an extreme but forceful example. Kokumin Shinto (People’s New Party) asked Fujimori, who holds Peruvian and Japanese nationalities, in June 2007 to run for the Upper House election when he was detained in Chile. He ran in and lost. After Fujimori fled to Japan in exile, Tokyo declared he has Japanese citizenship, because of his parental roots.

What if he had won a Diet seat?

“Japan escaped by a hair’s breadth as Fujimori lost the election,” Kono said. “I have no idea what lawmakers would have done (if Fujimori had won). Legislation was a step behind the reality.”

To be sure, the proposal has a long way to go to be legalized. A typical process would be that the panel deliberates, finalizes and submits it to LDP executives, who would then decide whether to create a bill to be submitted to the Diet. However, it is unknown if Kono can sway his party.

“I have created a draft for everybody, not just lawmakers, to discuss the nationality issue,” Kono said. “I want to tell Japanese nationals, ‘Let’s discuss it.’ “

The Japan Times: Thursday, Jan. 1, 2009
 

Japan Times on future J housing markets, tax regimes, and why J houses are built so crappily

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Here’s another excellent article from Philip Brasor of the Japan Times, regarding future Japan housing markets and taxation laws (and why houses in Japan aren’t built to last, or be resaleable). Should cause a twinge or two in the homeowners out there, myself included. Arudou Debito in a lovely, durable, but largely unappraisable house in Monbetsu.

 
 
 

 
 
 
 

MEDIA MIX

The Japanese art of useless homes

The Japan Times: Sunday, Dec. 21, 2008
By PHILIP BRASOR

Last spring, when the effects of the American sub-prime loan disaster were being felt but the world economy was still relatively OK, there was an article in the Asahi Shimbun written by one of the paper’s financial reporters who recalled several years earlier a visit from a friend living in the United States.

The friend worked for a real-estate company and he told the writer just before he returned to America that he and his colleagues appreciated the Japanese people, because they were investing in U.S. mortgages as securities, and therefore helping poorer Americans borrow money at low rates so that they could buy better houses.

The writer mentioned this episode to point out the irony of the situation, since it was the failure of those securitized mortgages that led to the burst of the U.S. real-estate bubble and the current worldwide recession. However, there’s a deeper irony to the story: The Japanese people, whose housing is, for the most part, inferior in quality to that of American housing, were making it possible for Americans to purchase nice homes. But who is helping the Japanese buy nice homes?

The Japanese government would like everybody to think that they are. Last week, they announced new tax deductions for people who take out housing loans. It’s the biggest-ever tax cut for homeowners and encourages the construction of “long-life” structures that will supposedly improve the housing market. This latter idea, which is being called the “200-year housing plan,” has been around since May 2007, when it was formulated by a research panel set up by the ruling Liberal Democratic Party and headed by Yasuo Fukuda, who would become prime minister later that year.

At the time, Fukuda explained something everybody knew at least intuitively: Japanese homes were not made to last. After the war, the government promoted affordable housing so that everyone could own a home, with the result being “cheap, poor quality” structures that had to be replaced after 30 years. Since the houses themselves lost value quickly, people only invested in land, which invariably became over-valued. With the price of land so high, people couldn’t afford better quality homes, and cheap, poor quality structures became the norm.

What Fukuda didn’t mention is that the housing industry was addicted to this cycle, which is referred to as “scrap and build.” The average new house loses its value completely 15 years after it’s occupied. Consequently, Japanese people only want new houses and condominiums, because they believe that previously owned ones are junk. In order to change this mind-set, the Fukuda panel came up with the idea of promoting the construction of homes meant to last a long time, so that the structures themselves can be worthwhile investments.

But it wasn’t until these latest tax cuts were announced that the plan moved toward realization. According to current tax rules, a person who borrows money to buy a home can deduct up to ¥1.6 million of the loan from his or her taxes over a 10-year period after moving in. The new rules, which go into effect Jan. 1, increase the maximum tax deduction to ¥6 million over 10 years. And people who buy homes that qualify as long-life structures can deduct up to ¥1 million more from their taxes.

These figures are maximum amounts. The majority of home-buyers will receive lower tax cuts, because they are based on the balance of the loan, and every few years the ceiling for the maximum balance allowed for the deduction drops. Moreover, many homeowners pay relatively low taxes because of their income and other deductions, and regardless of the balance left on their loan, they can’t deduct more than they actually pay in income tax.

The cuts are being touted as a benefit to citizens, but just like the scrap-and-build strategy, they mainly benefit the housing industry, which is stuck with a huge inventory of unsold new homes that grows larger every day. And this new long-life housing rule also applies to condominiums, so don’t be surprised if, in the spring, the government announces the criteria for long-life housing and all those new, expensive and very vacant high-rise “mansions” looming over Tokyo’s waterfront qualify.

There’s less largess for people who already own homes, almost half of which were built before earthquake standards were introduced in the 1980s. The new tax cuts don’t apply to them. If they want to add energy-saving or “barrier-free” features, 10 percent of the construction costs can be deducted, but they don’t get deductions for home-improvement loans. In 1988, the government set “durable housing” standards to evaluate homes for resale, but almost no one takes advantage of them. According to the Asahi, right now only 543 houses and 1,063 condos on the market have been evaluated.

The long-life housing scheme will probably have a minimum effect, because only the rich will be able to afford such homes. The plan could hold promise over time if the yet-to-be-determined criteria optimize people’s desires. The reason homes in the West keep their value longer is that most were conceived as places to live, not consumer goods, which is what they represent in Japan. Designs for affordable housing in Japan are determined by the developer’s potential profit margins rather than the potential customer’s comfort: Just think of the boxy, impractical layouts of most condominiums, which allow developers to squeeze more units into a limited space.

In the long run, these policies will make little difference. According to the Population Research Center, if the current birthrate persists, 100 years from now there will be 45 million people in Japan, which is fewer persons than there are houses right now. It’s impossible to say whether the quality of those houses in 2108 will be good or bad, but they sure will be cheap.

The Japan Times: Sunday, Dec. 21, 2008
 

History tangent: Japan Times FYI on Hokkaido development

mytest

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

Hi Blog. I’m on the road for a couple of days (we’ve been whalloped with snow, and I anticipate a long drive to the Okhotsk Sea Coast tomorrow), so let me send you a little something interesting.  A nice concise history of Hokkaido from the Japan Times.  Fills in quite a few blanks about how and why we up in Japan’s Great White North got here in the first place.  Arudou Debito traversing this spine of Hokkaido to Monbetsu

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

FYI

HOKKAIDO HISTORY

Japan’s last frontier took time to tame, cultivate image

Staff writer
Japan Times Tuesday, July 8, 2008

Hokkaido, where the Group of Eight summit is taking place in Toyako, is known for its hot springs, ski resorts, seafood and magnificent scenery.

News photo
Dual roles: A family of “tondenhei” farmer-soldiers pose in front of their house in Akkeshi, Hokkaido, in the late 1880s. COURTESY OF HOKKAIDO UNIVERSITY LIBRARY PHOTO
 

Only 140 years ago, when Japan jumped on the modernization bandwagon, the prefecture was the new frontier.

Following are some questions and answers about the history of Hokkaido:

When did the development of Hokkaido begin?

The Meiji government started promoting cultivation in Hokkaido in 1868, when it took over power from the Tokugawa shogunate. Cultivation was deemed necessary as part of the government effort to modernize all of Japan and amid awareness that Russia appeared to have designs on the territory, large areas of which had not yet been explored.

The government allocated 4 percent to 5 percent of the national budget for developing Hokkaido over 10 years starting in 1872, according to “Hokkaido no Rekishi” (“The History of Hokkaido”), published in 2000.

What was the situation in Hokkaido before the Meiji Restoration of 1868?

Hokkaido had been inhabited by the Ainu for centuries. They had a separate culture from the Japanese, and lived by fishing, hunting and trading.

The region had been called Ezochi, meaning “the land for people who did not obey the government,” until the name was changed into Hokkaido (“northern sea route”) in 1869.

During the Kamakura shogunate (1185-1333), a penal colony was established at the southern part of the Oshima Peninsula and samurai warriors were stationed there to oversee the prisoners.

During the Edo Period (1603-1868), the Matsumae domain ruled the southern area, and the shogunate officially entitled them to monopolize trade with the Ainu. In the late Edo Period, ordinary Japanese, some from the Tohoku region, started moving to coastal areas outside the Matsumae-regulated area to fish for herring.

When the shogunate ended its 220-year closed-door policy in 1854, under pressure from Britain, France, the Netherlands, the United States and Russia, Hakodate became one of the first two ports to open to the West.

The port was also spotlighted when Tokugawa rule ended in 1868. Some 2,800 people faithful to the shogun, led by naval officer Takeaki Enomoto, arrived at the port with eight ships from Edo, now Tokyo. After occupying Goryokaku fortress in Hakodate, he declared Hokkaido an independent country, but the rebels were defeated by Meiji government forces in 1869.

How did the Meiji government develop Hokkaido in the 19th century?

The government promoted immigration there from Honshu to farm land.

It also created industries, building beer breweries and plants to make miso, soy sauce and silk. Coal mining also started in Horonai, now the city of Mikasa, in 1881. Railways were also built to transport coal to ports, including Otaru.

To promote agriculture and other industries, dozens of Western engineers and researchers were invited to teach advanced technologies and educate young Japanese.

One notable foreigner was William S. Clark, president of Massachusetts Agricultural College, who was invited in 1876 to be vice president of Sapporo Agricultural College, now Hokkaido University.

Many of the foreigners were Americans, probably because Japan tried to learn from the U.S. about developing its frontier, experts say.

Ainu were forced to work as farmers and abandon their culture and lifestyles for assimilation by Japanese society, further increasing the discrimination against them.

How many people moved to Hokkaido?

The first group of 500 settlers arrived there in September 1869 from Tokyo, followed by thousands of people, including farmers, samurai descendants and gentry.

About 1.9 million people moved to Hokkaido between 1890 and 1936, according to the prefectural government. Many were from the Tohoku and Hokuriku regions.

How did the early Japanese settlers fare on the island?

Nearly half engaged in farming vegetables, including potatoes, and buckwheat for “soba” noodles, and soy beans.

But farming in the cold forested north was not easy. People had to clear the land by logging. It sometimes took several years to harvest sufficient crops to make a living.

Rice planting began to spread in the 1880s after strains were improved to grow in the local soil.

There were 7,337 households, or 39,901 people who migrated as “tondenhei,” who worked as farmer-soldiers, or their family members, from 1875 and 1899 under a government system established in 1873.

Housing, food and farm implements were provided. The tondenhei also underwent military training and were deployed to various places to maintain order and prepare for a Russian invasion.

Other immigrants engaged in fishing, trading and other industries.

What major postwar events occurred in Hokkaido?

After Japan’s surrender, some 17,000 Japanese who lived on small islands off Hokkaido — Etorofu, Kunashiri, Shikotan and the Habomai islets — were expelled after the islands were seized by Soviet forces.

Tokyo still claims the Russian-held islands as part of Japan, and the territorial row still tops its diplomatic agenda with Moscow. The dispute has prevented the two nations from concluding a peace treaty to end the war.

After the collapse of the bubble economy in the early 1990s, Hokkaido saw tough times.

The failure of Hokkaido Takushoku Bank in November 1997 hit the local economy hard. The regional bank, which was founded in 1900, went under mainly because it extended loans to ailing companies recklessly during the bubble economy between the late 1980s and early 1990s.

Last year, the Yubari Municipal Government was designated by the government as officially bankrupt. This ended its autonomy and the central government is now managing its rehabilitation efforts.

Yubari has a population of 13,000, which is roughly one-tenth of its peak when it prospered as a coal mining town. The city is also known for its film festival and pricey melons.

It was the first time in 15 years the government declared a municipality bankrupt.

However, with the 1972 Winter Olympics in Sapporo, in which Japan won gold, silver and bronze in the 70-meter jump, Hokkaido became a tourist draw.

In July 2005, a 70,000-plus-hectare area straddling the towns of Shari and Rausu on the Shiretoko Peninsula was designated as a World Heritage site by the U.N. Educational, Scientific and Cultural Organization. Asahiyama Zoo drawn many tourists from around the nation, thanks to its unique animal displays.

Ski resorts and hot springs in Hokakido have become popular attractions for foreign tourists from Taiwan, South Korea, Hong Kong and Australia.

The Weekly FYI appears Tuesdays (Wednesday in some areas). Readers are encouraged to send ideas, questions and opinions to National News Desk

ENDS

German movie SOUR STRAWBERRIES preview, with Debito interview

mytest

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

Hi Blog.  I’ve been interviewed for a couple of documentary movies in the past.  The first one came out in Germany a few months ago.  Entitled SOUR STRAWBERRIES, about labor migration (“Japan’s hidden ‘guest workers'”) and human rights in Japan, one of the directors, Tilman Koenig, has this to say (in excerpt):

We had a German version of the documentary already done in September, and showed it in some cinemas arround here and had some very good reviews in newspapers. At this time we are working on the English and especially the Japanese version. Daniel [one of the other directors] will come to Japan in March 2009, so we are planning to show the documentary several times in March. The documentary is 58 Minutes long (45h of raw material) in the actual version…

The five-minute coming attractions reel is here, in English and Japanese:

http://www.vimeo.com/2276295

I’m thrilled to report that the interview with me was even in the coming attractions (watch to the end from the link above), which featured a little visit to Kabukichou where we uncovered some of the JAPANESE ONLY signs.  Apparently a little tete-a-tete I had with one of the exclusionary shopkeeps was also included in full in the final cut.

If I hear word of where those screenings will be in March, I’ll let readers of Debito.org know.  Happy Xmas Eve, everyone.  Debito

All registered NJ will in fact now get the 12,000 “economic stimulus” bribe

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog.  Good news.  After dallying with thoughts of excluding NJ taxpayers, then allowing only those NJ with Permanent Residency and Japanese spouses, the GOJ has just announced that all registered NJ will get the 12,000 yen-plus economic stimulus bribe.  Seasons Greetings.  

This is probably the first time NJ have ever been treated equally positively with citizens (save for, perhaps, access to Hello Work unemployment agency) with a voter stimulus package.  See, it pays to complain.  Articles courtesy of Wes and Sendaiben.  Debito in Sapporo

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Gov’t to extend cash handouts to 2 mil registered foreign residents
Kyodo News Sunday 21st December, 07:00 AM JST

http://www.japantoday.com/category/national/view/govt-to-extend-cash-handouts-to-2-mil-registered-foreign-residents

TOKYO — The government said Saturday it has decided to recognize 2 million foreigners registered as residents with local governments as of next Feb 1 as eligible for cash benefits it will hand out next year as a fiscal measure to spur private consumption.

The government will recognize foreigners registered as residents on the foreign registry as of Feb 1, 2009 as qualified recipients of the cash handout under the 2 trillion yen program, according to the Ministry of Internal Affairs and Communications.

Among the 2 million recipients are permanent foreign residents, such as North and South Korean residents in Japan, as well as foreign workers of Japanese ancestry who have residential permits as migrant workers, the ministry said.

Foreigners studying at Japanese schools as well as foreigners accepted as trainees by Japanese companies are also recognized as qualified recipients.

Foreign tourists, foreigners overstaying their visas and other illegal aliens will not be recognized as legitimate recipients, the ministry said.

The administration of Prime Minister Taro Aso approved on Saturday a second supplementary budget that includes the handouts as its main pillar.

The ministry said Feb 1 is the set date for deciding on eligibility for the handouts for both Japanese citizens and registered foreigners. The number of recipients, including foreigners, will total 129 million.

Japanese citizens and foreigners will basically be given 12,000 yen per person, but an extra 8,000 yen will be given to recipients up to and including 18 years old as of the standard date, as well as to recipients 65 years old or older.

Local government officials will check on such recipients’ ages when the cash handouts are disbursed. This means that those receiving additional payouts must be young people born on Feb 2, 1990, or later and elderly people born on Feb 2, 1944, or before.

Feb 2 became the defining date because Japanese law adds one more year to a person’s legal age at midnight on the day before he or she is born, the ministry said.

Consequently, people whose 65th birthday falls on next Feb 2 are counted among qualified recipients of the cash.

The older qualified recipients will total 28 million, while young recipients up to and including 18 years old will number 22 million persons.

But babies who will be born exactly on next Feb 2 or after will not be recognized as qualified recipients, because the government is designating Feb 1 as the defining date for eligibility, it said.

The cash will be handed out through the offices of the local governments at which Japanese citizens or foreigners are registered as residents.

The payments assume that the second extra budget and other relevant bills will pass the Diet. They also assume that local assemblies will pass budgetary bills to cover expenses for administering the payments.

It is not yet known, therefore, whether the government will be able to hand out the cash benefits prior to next March 31 because deliberations on these bills may drag on.

ENDS

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定額給付金:支給基準日は来年2月1日 総務省

毎日新聞 2008年12月20日 18時39分(最終更新 12月21日 1時53分)

http://mainichi.jp/select/seiji/news/20081221k0000m010020000c.html

 総務省は20日、定額給付金の支給基準日を来年2月1日にすると発表した。市区町村は2月1日時点の住民基本台帳を支給の基礎とする。基準日は来年1月1日か2月1日のいずれかで調整していたが、引っ越したにもかかわらず転居を市区町村に届けていない場合などを想定し、混乱を避けるには一定の期間が必要と判断した。

 定額給付金は1人1万2000円で、65歳以上の高齢者と18歳以下の子供に対しては8000円加算される。

 2月1日が基準日になったことにより、2月1日までに生まれた子供は支給対象になるが、2日以降では受け取れない。出生届の提出は2日以降であっても、受け取りに問題は生じない。支給をめぐっては、基準日に死亡するケースなども考えられるが、詳細な扱いはさらに検討する。

 加算に関しては、年齢計算に関する法律などの関係から「65歳以上」には1944(昭和19)年2月2日以前生まれの人が該当し、「18歳以下」は90年2月2日以降に生まれた人が対象になる。

 また外国人は、観光などの短期滞在や不法滞在者を除き、原則全員(約2000万人)が支給対象になる。永住外国人や日本人の配偶者に加え、就労や留学目的で滞在する在留資格を持つ外国人なども受け取れる。外国人登録原票に基づき支給され、世帯主ではなくそれぞれが申請することになる。

 政府は08年度第2次補正予算案として、給付金関係として事務経費825億円を含む総額2兆395億円を計上した。【石川貴教】

 ■基準日にかかわるポイント

 ▽支給窓口は来年2月1日現在で住民登録している市区町村

 ▽支給対象に含まれるのは来年2月1日生まれまで

 ▽8000円加算の対象は(1)1944年2月2日以前生まれの高齢者(65歳以上)(2)90年2月2日以降生まれの子供(18歳未満)

ends

Kyodo: NJ to be registered as family members (residents?) by 2012

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Good news if this actually comes to fruition: The ludicrous system of registering NJ separately from J in residency certificates (juuminhyou) may be coming to an end. According a Kyodo article (that is too deficient in detail — Japan Times, do another article in depth, please!), we’ll start seeing NJ registered with their families in three years. And hopefully as real, bonafide residents too (even though this is still not clear thanks to Kyodo blurbing). At least we’ll see the end of the ridiculous gaikokujin touroku zumi shoumeisho and the invisible NJ husbands and wives. More on why the current registry situation is problematic here, including NJ being left out for tax-rebates, and not being included in official local government tallies of population. Arudou Debito in Sapporo

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The Japan Times, Friday, Dec. 19, 2008

http://search.japantimes.co.jp/cgi-bin/nn20081219a4.html

New registry rules for foreigners proposed

Kyodo News, courtesy of AW and Sendaiben
A government panel Thursday recommended creating a new system by 2012 to register foreign residents on a household basis, replacing the current individual-basis system, to better oversee their living conditions.

Japanese nationals are registered on a household basis.

In a report, the panel of experts under the Ministry of Internal Affairs and Communications also recommended scrapping the current two-tier system in which the Justice Ministry handles immigration and stay permits, while local governments handle registrations of foreign residents, and called for a unified control system.

Based on the recommendation report, the internal affairs ministry will submit a bill for the envisaged foreigner registry system to an ordinary Diet session next year, ministry officials said.

The proposed steps are expected to help improve the welfare, education and other public services for foreign residents, but critics warn it could lead to increased surveillance.

The number of non-Japanese residents has topped 2 million, more than doubling in the past 20 years.

Under the current system, non-Japanese residents are registered with local governments on an individual basis. The new system is designed to register them on a household basis and the information will be shared by local governments across Japan.

An advisory panel to the justice minister recommended in March that local governments abolish the issuance of foreign registration certificates.

ENDS

Sydney Morning Herald: Little hope for Japan’s Abandoned Fathers

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. The story about Japan as a safe haven for internationally abducted kids spreads from Canada to the US to Australia, this time in the Sydney Morning Herald. And this time, the crank lawyer, a Mr Onuki, who claimed that “90 per cent of cases in which the Japanese women return to Japan, the man is at fault, such as with domestic violence and child abuse”, finally gets a response (the Mainichi printed it without counter, the rotters). Meanwhile, the GOJ just keeps on dithering on the Hague Convention.  It’s one of Japan’s worst-kept secrets.  But not for long at this rate.  Keep on exposing.  Courtesy of Paul Wong. Arudou Debito in Sapporo

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Little hope for Japan’s forsaken fathers

  • Abandoned … George Obiso, at his Gold Coast home, has held onto the books and videos his children left behind when their mother abducted them.

Abandoned … George Obiso, at his Gold Coast home, has held onto the books and videos his children left behind when their mother abducted them.
Photo: Steve Holland

Denial of child abduction as a crime is hurting those left behind, writes Justin Norrie in Tokyo.

FOUR years ago George Obiso’s former wife took his two young sons on a six-week holiday to Japan and never came back.Mr Obiso, 42, still recalls anxiously watching the clock in his Gold Coast home as he waited for their mother, Sachi Shimada, to return them on the designated day.

“I waited and waited. I kept listening out for their voices at the door, but they never came. Sachi had no intention of ever bringing them back,” says Mr Obiso, of Southport, who had split from his Japanese wife the previous year after she became depressed and withdrawn.

“Her family moved out of their Yokohama home, disconnected the phone and disappeared somewhere into Japan, so I couldn’t find them or even talk to my sons.

“It’s been four years. I’ve missed a large part of their childhood and I’m starting to doubt I’ll ever see them again. It’s been a horrible, horrible nightmare.”

Even if he found Anthony, now 12, and Jorge jnr, 8, Mr Obiso would be unlikely to get much sympathy from Japan’s family law courts. For almost 30 years, Japan has resisted pressure from other Group of Seven nations to sign the 1980 Hague Convention on the Civil Aspects of International Child Abduction; as such its judiciary does not recognise parental child abduction as a crime.

Mr Obiso is one of hundreds of “left-behind” parents from international marriages whose children have been abducted by a spouse who in effect enjoys immunity in Japan from prosecution by local authorities.

The Hague convention, which has been signed by every other developed country, requires the “prompt return of children who have been abducted from their country of habitual residence”. Since it took effect, foreign parents have spent millions of dollars working their way through Japan’s bureaucratic court system in an effort to see their children again and take them home. No court has ever ruled in their favour.

Many more Japanese parents have been affected. There is no tradition of dual access, so when parents separate, one gets custody while the other typically never sees the children again.

Colin Jones, a professor at Doshisha University Law School in Kyoto, believes that Japan is essentially “a haven for parental child abduction”. This is largely because Japanese courts are entrenched in a national bureaucracy whose goal is to ratify “the status quo, particularly in child custody and visitation cases, where courts have few, if any, powers to enforce change”.

Because there is no substantive law defining the best interests of the child in cases of parental separation, ratifying the status quo invariably means deciding in favour of the parent who already has custody.

The problem is compounded in cases where there are allegations of abuse, as Paul Wong can attest. After the death of his Japanese wife, Akemi, from cancer in 2005, the US lawyer, 42, left his daughter Kaya, now 5, with her maternal grandparents in Kyoto and made fortnightly visits from Hong Kong, where he was working, while he looked for a job in Tokyo.

“I promised my wife before she died I would make sure Kaya knew her Japanese cultural heritage and her grandparents, so I decided to honour that and live with her in Japan,” he says. “Just as I was about to move to Tokyo, Akemi’s parents hit me with a lawsuit alleging I had sexually assaulted my own daughter. The lawsuit was full of so many crazy, disgusting lies. Akemi’s friends told me they blamed me for her death, and that’s why they wanted to take Kaya away.”

The court found the claims could not be substantiated by evidence, but ruled that custody should be given to the grandparents anyway.

“This has done irreparable harm not just to me, but to a sweet, innocent child,” says Mr Wong. “It’s gut-wrenching, but I simply can’t give up hope.”

Japanese family lawyers say allegations of sexual assault and domestic violence are common in parental child abduction cases. In a recent article in Mainichi Shimbun, a prominent family lawyer, Kensuke Onuki, said he opposed Japan signing the convention because “in more than 90 per cent of cases in which the Japanese women return to Japan, the man is at fault, such as with domestic violence and child abuse”. Whereas women can’t easily provide evidence of the abuse, he says, the men rarely have trouble drumming up attention in the media.

For fathers like Mr Wong, this claim “is insulting. It simply doesn’t make sense. If it’s the voices of foreign fathers that get heard, then why is it that not one foreigner has had his child returned to him? Not one – ever.”

“A lot of people are getting fed up with the way Japan is running around the world lobbying for diplomatic support over the few Japanese abductees to North Korea, when the country is permitting hundreds of its own citizens to do the same thing to foreign parents in broad daylight.”

In September, after a newspaper report claimed Japan would sign the convention as soon as 2010, the Australian embassy in Tokyo sent a “formal government-to-government communication … commending them and offering assistance,” an embassy official said.

But Japan’s Foreign Ministry subsequently distanced itself from the report. A spokesman said the Government was still considering signing the convention but had not made a decision.

ENDS

Japan Times: Eric Johnston on Gunma NGO stopping ijime towards NJ students

mytest

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

Hi Blog.  Here’s an article from the JT regarding bullying of NJ schoolchildren, and grassroots efforts to ameliorate it.  Yet another helpful bit of journalism from the Japan Times, well done.  Get in touch with these people if you’re having a problem in school.  Debito in Sapporo

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An NGO reaches out to bullied foreign kids

http://search.japantimes.co.jp/cgi-bin/nn20081128f2.html

By ERIC JOHNSTON Staff writer
The Japan Times Friday, Nov. 28, 2008

KYOTO — Bullying is widely recognized as a problem affecting Japanese children. But non-Japanese kids and their parents who are also harassed can have a particularly hard time finding either sympathy or practical advice in their native language.

Now, the Gunma Prefecture-based nongovernmental organization Multilingual Education Research Institute is reaching out to non-Japanese parents and students throughout Japan, as well as to concerned Japanese who want to stop the bullying of foreign children.

The Ijime (Bullying) Zero campaign provides a number of services, including a telephone hotline and a Web page with advice in English, Japanese, Portuguese and Spanish.

“No one in Japanese education is talking about the xenophobic aspects of bullying. There is a need to train people to be aware and to do something,” said Cheiron McMahill, president of the International Community School in Tamamura, Gunma Prefecture, and head of the institute.

McMahill noted that while the government assists Japanese victims of bullying, there are fewer resources for foreign children in their native language. To fill the void, the institute is using its Ijime Zero campaign to offer three kinds of assistance.

First is a multilingual forum where foreign children and their families can disclose their concerns and help each other. Second, educators nationwide, Japanese and non-Japanese alike, who have foreign students can get information and assistance on dealing with bullies. Third, anybody who wishes may borrow, for the price of return postage, multilingual literature and DVDs on dealing with bullies. About 3,000 items are available for lending, McMahill said.

Nationwide, there are more than 25,000 foreign children in schools. The majority are believed to be Brazilians, followed by Chinese. Truancy among foreign children, who are often bullied because they are different or don’t speak Japanese, has become a concern in recent years, especially in prefectures like Gunma and in the Chubu region where large numbers of foreigners reside.

Local governments and the central government both say more needs to be done to integrate foreign children into Japanese schools. But they are often at odds over what exactly should be done and who should take the lead. The central government has long urged local governments to do more, while cash-strapped local governments say there is little more they can do unless Tokyo formulates a national policy and provides funds for assistance.

Human rights activists note a fundamental reason for truancy among foreign children is that they are not required by law to attend public school, which means those who drop out due to bullying or other reasons are not legally obliged to return. The education ministry’s position is that while public schools cannot turn away foreign children, they don’t have to make sure they’re in class.

“Revising the Compulsory Education Law to insure foreign children are covered is a top priority for Japan,” McMahill said.

Last year, a government survey revealed that at least 1 percent of foreign children living in Japan did not attend school, but because the whereabouts of 17.5 percent of children in Japan registered as foreigners was unknown, the real truancy figure is probably much higher.

“The different languages that foreign children speak need to be seen as a resource for Japanese society as a whole, not as a problem to be solved. Having foreign children in the classroom helps Japanese children become more multicultural, and that will pay benefits for all when they grow up and go out into the world,” McMahill said.

For more information on the Ijime Zero campaign and the kinds of assistance available to international parents and children, visit the Multilingual Education Research Institute’s Web site atwww.ijimezero.org

ENDS

Economist.com: Bilateral agreements to give US servicemen immunity from Japanese criminal procedure

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. I’ve covered this case on Debito.org before, but here’s something with a little more depth from The Economist Newsmagazine. Seems that some perpetrators are more privileged than others. Greenpeace activists get zapped while American servicemen, according to the article below, get off lightly in Japanese police work and jurisprudence. By bilateral geopolitical agreement. Arudou Debito in Sapporo

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

Dec 10th 2008
From Economist.com, Courtesy AW

http://www.economist.com/world/asia/displayStory.cfm?story_id=12756824

Crime without punishment in Japan

THIS story is of no material importance to Japan. It is the story of Jane. And it is a story of a very small, dark sliver of 20th century geopolitics that festers still.

Jane is an attractive, blonde 40-something Australian, resident for many years in Japan and a mother of three boys. She is also the victim of a rape. Jane is not her real name.

She is actually the victim of two violations. The physical one was committed on April 6th 2002 near the American naval base at Yokosuka by Bloke T. Deans, an American serviceman. He violently raped her in her car.

What Jane refers to as her “second rape” happened afterwards, when she reported the crime to the Kanagawa prefectural police. There, she alleges that she was interrogated for hours by six policemen, who mocked her. At a later meeting, they laughed and made crude sexual comments. She was initially denied medical treatment, water and food. Jane was denied a receptacle to keep a urine sample—key forensic evidence in a rape. After four hours, all she could do was relieve herself on a cold police toilet and cry. The police made no attempt to preserve sperm or DNA on her body.

Her torment at the hands of the police so amplified the trauma of the evening that she actually tried to dial emergency services to report that she was being held against her will at the station, but an officer ripped the phone from her hand. Ultimately she was kept in custody for some 12 hours following the crime, before having to drive herself home.

The police located the assailant, Mr Deans, of the aircraft carrier USS Kitty Hawk, but for reasons that remained unclear, no charges were filed against him.

Jane, however, filed and won a civil case against him: a Tokyo court ordered him to pay ¥3m (around $30,000) in November 2004. But unbeknownst to Jane or the court, soon after the suit was filed, the American navy had quietly discharged Mr Deans, who returned to America and disappeared. Later, she received compensation from Japan’s Ministry of Defence, out of a discreet fund for civilian victims of crimes by American military personnel.

In Jane’s view, the first rape went unpunished: Mr Deans remains at large. So she turned her attention to the “second rape”. She sued the Kanagawa police for a bungled investigation that denied her proper justice. In December 2007 the court ruled against her, stating that the police had fulfilled their responsibilities. She appealed the decision.

Jane’s ordeal underscores the clumsiness of Japan’s police force. In several recent high-profile cases, the police have coerced confessions from suspects. It also highlights the lack of a tradition of individual rights in the country, and the often thinly reasoned rulings of Japanese courts. And it fits the pattern that in many crimes by American servicemen, the Japanese authorities fail to press charges.

But the reason why cases like Jane’s are not prosecuted may have less to do with incompetent police and more because of a secret agreement between America and Japan in 1953 that has recently come to light.

In September 2008, Shoji Niihara, a researcher on Japanese-American relations, uncovered previously classified documents in the U.S. National Archives. They show that in 1953, soon after Dwight Eisenhower assumed the presidency, John Foster Dulles, his secretary of state, embarked on a massive programme to get countries to waive their jurisdiction in cases of crimes by American servicemen.

On October 28th 1953, a Japanese official, Minoru Tsuda, made a formal declaration to the United States (not intended for public disclosure), stating, “The Japanese authorities do not normally intend to exercise the primary right of jurisdiction over members of the United States Armed Forces, the civilian component, or their dependents subject to the military law of the United States, other than in cases considered to be of material importance to Japan.”

In other words, Japan agreed to ignore almost all crimes by American servicemen, under the hope that the military itself would prosecute such offences—but with no means of redress if it did not.

This helps explain the perplexing, toothless approach of the Japanese police and prosecutors even today in cases of crimes by American military personnel. When Mr Niihara first made the documents public in October, a senior Japanese official denied any such agreement, but in words so mealy-mouthed that it raised suspicion.

Japan’s landmark accord with the United States over troops stationed in the country, called the Status of Forces Agreement, was signed in 1960. Article XVII.1b states: “The authorities of Japan shall have jurisdiction over the members of the United States armed forces, the civilian component, and their dependents with respect to offences committed within the territory of Japan and punishable by the law of Japan.”

But in practice the Japanese do not exercise their authority. Jane’s case was just one of many in which the Japanese authorities opted to look the other way. This has nothing to do with the specifics of her case; it stems from an intergovernmental security protocol negotiated a half-century earlier.

Why did America fight so hard in 1953 to maintain control of criminal cases involving its boys? The documents do not say, but provide a clue: in numerous settings, American officials express unease that American servicemen commit roughly 30 serious crimes each month. Having 350 soldiers sent to Japanese jails each year would have been bad for America’s image. According to a separate document, America struck similar, secret agreements with the governments of Canada, Italy, Ireland and Denmark.

When Jane talks to reporters, she wears stylish, bug-eyed, mirrored sunglasses that seem more shields than fashion statement. It is futile protection—a tangible symbol of her quest for anonymity, akin to her pseudonymity.

On December 10th 2008, the Tokyo High Court ruled on Jane’s appeal in the suit against the Kanagawa police. Judge Toshifumi Minami entered the court, told her “You lost. And the financial burden of the case lies with you,” and then left. A 20-page ruling, considered short, sheds little insight into how the court reached its decision. Jane plans to appeal to the Supreme Court. “I lost—but they lost too,” she said.

Jane will always bear indelible, invisible scars. But this is of no material importance to Japan. Or America.
ENDS

GOJ Human Rights Week commemorative pamphlet includes NJ issues of discrimination

mytest

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

Hi Blog.  Good news, of sorts.  Today starts Japan’s official “Human Rights Week” (Jinken Shuukan), when the GOJ spends money (and claims to the UN national campaigns of awareness raising) to promote issues of human rights.

The Bureau of Human Rights (jinken yougobu), the window-dressing department within the Ministry of Justice entrusted to spend tax money but not actually enforce any human rights mandate, usually glosses over discrimination against NJ (heaven forfend they actually use the breathtaking word “racial discrimination”, or actually call for a law against it!) as a matter of cultural misunderstandings (a wonderful way to reduce the issue down to next to nothing), and holds it low regard in comparison to other (worthy) issues of discrimination against Burakumin, Ainu, the handicapped, AIDs patients, etc.  This has been reflected in dismissive GOJ human rights surveys and past “awareness-raising” campaigns in previous Human Rights Weeks.

So it comes as a welcome surprise that this year the GOJ has issued a commemorative pamphlet including discrimination against NJ as a real issue.  Of course, the old bone about “cultural issues” is still there to dilute the Truth Octane.  But it’s a start.  Here’s my translation:

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

RESPECT THE HUMAN RIGHTS OF FOREIGNERS

Reflecting the era of internationalization in recent years, the number of foreigners making a living in our country has increased dramatically, but there have been various cases of human rights problems including being refused entry to public baths, discrimination in the workplace, and being refused apartments, due to differences in languages, religion, lifestyle customs etc.  Human rights has no borders.  It is desirable in future for us as a member of the international community to show respect and acceptance to foreigners who have different cultures and diversity.

======================== 

Well, actually, looking over information from last year archived on Debito.org, it’s not that much of a change.  Except that the BOHR site now actually includes on its official website a new video game for its cartoon characters, called “The Grand Adventure in Human Rights Land”!  Have a play!  Hey, it’s your taxes, might as well use them.

Here’s a scan of the pamphlet, courtesy of KGD.  As the submitter notes: “It comments that ‘there are no national boundaries to human rights’ and notes that foreigners have been refused entry to public baths in Japan.  While the pamphlet won’t get anyone the Nobel Prize, it does indicate that your message is reaching some bureaucrats in the central government.”

Well, good, I guess.  Arudou Debito in Sapporo

ENDS

Mainichi: NJ now eligible for GOJ “economic stimulus” bribe. But not all NJ residents.

mytest

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

Hi Blog.  The GOJ has finally made it clear, after overmuch deliberation, that the “economic stimulus” cum political bribe to voters package will also be disbursable to non-voting taxpayers, i.e. NJ.  However, not all.  Only those with Permanent Residency or marriage with a Japanese.  So too bad you taxpaying residents who don’t marry or haven’t been by the grace of Immigration been granted permanent leave to remain.  You don’t get a sou for your contributions.  It’s better than nothing, and indeed is a sign of progress, but why the lines are drawn there are still mysterious.  Anyone with an address in Japan who is paying taxes should be eligible for the rebate.  But no.  Debito in Iwate.

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

Individuals to receive 12,000 yen under outline for cash handouts

(Mainichi Japan) November 28, 2008

http://mdn.mainichi.jp/mdnnews/news/20081128p2a00m0na017000c.html

Courtesy JYLO

Individuals will receive a minimum of 12,000 yen each under an outline on the distribution of 2 trillion yen in cash disbursements to the majority of households across Japan that was drafted on Friday, government officials said.

Discretion on distributing the financial handouts will be left to local governments, as the number of recipients could be limited based on their income.

The plan is part of the government’s stimulus package amid the economic slowdown triggered by the global financial crisis.

According to the draft plan, the cash will be doled out to households by transferring the money to individual accounts at financial institutions after the head of each household files an application by postal mail to local governments.

The draft says it is desirable to start supplying the cash to households before the end of fiscal 2008, but the actual starting date will be decided by each municipal government. The deadline for applications is still being debated and will be either within three months or six months.

While the government and the ruling coalition had earlier pledged to finish distributing the cash to all households before the end of this fiscal year, it has emerged that it will be unfeasible.

The Ministry of Internal Affairs and Communications on Friday held a meeting in Tokyo to explain the draft outline of the cash disbursements to officials of prefectural governments and municipal governments of major cities across the nation.

Under the draft plan, each municipal government will send application forms to the heads of households, who will be expected to return them with their bank account details. Municipal governments will confirm the identity of recipients by requiring them to send copies of their bankbooks and driver’s licenses together with their application. The officials may also transfer the cash to accounts already on record for use in withdrawing utility fees.

If an individual cannot file an application through postal mail, the head of a household can visit the municipal government office and go through procedures to have the cash transferred to their account. Supplying the money through municipal government offices is also an option, but for safety reasons, it will be limited to cases where bank transfers are difficult.

The amount of cash to be doled out will be 12,000 yen per person, and additional 8,000 yen will be paid to those aged over 65 or under 18. The base date for determining a person’s age will be either Jan. 1 or Feb. 1 next year.

The cash will be provided by municipal governments where recipients have their residency registered as of the base date. As for foreigners, the cash allowance will be distributed to permanent foreign residents and the foreign spouses of Japanese nationals.

Municipal governments that opt to limit the number of recipients based on their income can decline to pay a cash allowance to those who earned at least 18 million yen in 2009. Municipal authorities will try to obtain consent from recipients to use their tax information to confirm their income before deciding on whether they are eligible for the cash allowance. If recipients refuse to allow use of the information, municipal officials can withhold from paying cash to them.

Many municipal governments are apprehensive toward the plan because it will bring about complex clerical work such as confirming recipients’ incomes. The ministry will work out further details of the plan while hearing opinions from municipal government officials.

All expenses that arise for the cash disbursements will be covered by the central government, except for expenses to purchase equipment.

ENDS

More on nationality law and children born out of wedlock: Conservatives causing policy balk

mytest

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

Hi Blog.  More on the debate on recognizing paternity and plugging loopholes in the nationality law — and how the conservatives are throwing up roadblocks in between houses of parliament… and blaming a “constituency” of blog messages for it.  Arudou Debito in Iwate

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

Nationality Law tweak lacks DNA test: critics
The Japan Times, November 27, 2008
By KAZUAKI NAGATA Staff writer

With the revised Nationality Law expected to clear the Diet soon, some ruling party lawmakers are at the last minute claiming the amendment may spark problems, such as possibly creating a “black market” in false paternal recognition.

However, it seems too late in the day for them to block passage, because the revised bill cleared the Lower House last week and the Upper House Justice Committee is entering the last stage of deliberations and is expected to vote as early as next week.

The amendment will allow children born out of wedlock to Japanese men and foreign women to obtain Japanese nationality if the father acknowledges paternity after the birth.

The revision is in line with a Supreme Court ruling on June 4 that a provision of the law on the status of such children is unconstitutional, because it states the children can only receive Japanese nationality if the father admits paternity during the mother’s pregnancy, or if the couple get married before the child turns 20.

The government reportedly wants to swiftly pass the revision to correct this unconstitutional provision, but the opposing lawmakers claim the revision, which was brought to the Diet earlier this month, needs to be thoroughly discussed.

“If a law like this is misused, what will happen to the Japanese identity?” asked Takeo Hiranuma, a former trade minister widely considered a hardcore hawk, at an emergency meeting with 13 Liberal Democratic Party lawmakers last week to discuss issues arising from the revision.

Since the revision does not require any scientific evidence to prove a biological family link, many are now arguing that some kind of scientific proof, such as a DNA test, should be applied. Hiranuma criticized the revision for granting Japanese nationality without evidence, providing the father admits paternity.

It is rare for lawmakers to raise a bill’s technical problems after it has already been approved by both ruling parties and Cabinet members.

Many admitted it is their own fault that they did not become aware of the details of the revision until only recently, but claimed they were busy in the past few months preparing for the next general election, which, it had been widely assumed, would be held this fall.

One reason that made them act at this late stage was what they claim is the public questioning the amendment. Some lawmakers said there have been hundreds of comments written in their blogs, mostly warning of the potential problems the revision may bring.

“The comments will keep increasing and would go crazy if the revision clears the Diet,” said LDP Lower House member Toru Toida, who has been getting hundreds of comments in his blog.

If the revision clears the Diet, then “people would claim that the Diet is not doing a proper job,” Toida said.

The lawmakers’ concerns arose when the bill was scheduled to clear the Lower House on Nov. 18 after just three hours of deliberations.

On Nov. 17, Hiranuma and the other LDP lawmakers met and agreed more time was needed before a vote.

The revision cleared the Lower House as scheduled, but the group managed to attach an additional resolution submitted jointly by the ruling parties and from some of the opposition camp who have raised doubts about the revision.

The additional resolution contains four suggestions, including applying a scientific method to prove paternity.

The lawmakers opposed to the revision have also compared the revision with the cases of other countries. In a meeting last week, Hideki Makihara, an LDP Lower House member, pointed out the case of Germany, which revised its nationality law in 1998 and experienced the problem of false recognition, saying the situation is similar and Japan is likely to follow the same path.

But Yasuhiro Okuda, a Chuo University Law School professor, said the German and Japanese cases are not similar.

He pointed out that in Japan there are two checks before Japanese nationality is granted, as two separate documents must be submitted — one to recognize paternity and another to acquire nationality. In Germany, however, only a document of paternal recognition is required, he added.

This is a considerable difference, Okuda said, as applicants in Japan will have to go through various checks at legal affairs bureaus when they file to acquire nationality.

Therefore, the increase in false paternity recognition in Germany is not comparable with the case of Japan, where it would be difficult to forge all the necessary documents, Okuda said.

An official at the Justice Ministry also said the checks will be strict so it won’t be easy to forge the recognition.

Okuda also said that while the focus is being placed on false and fraudulent recognitions, the emphasis should instead be on the protection of true recognitions.

The Japan Times: Thursday, Nov. 27, 2008
ENDS

Kyodo: MOJ announces it snagged 846 NJ since reinstituting fingerprinting

mytest

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

Hi Blog. One thing I’ll give the GOJ: They’re predictable when under pressure. After one year of fingerprinting NJ at the border in the name of anti-terrorism and anti-crime, the MOJ decided to announce the number of NJ they netted, no doubt to claim that all the effort and money was somehow worth it. Problem is, as Sendaiben pointed out when submitting this link, that there is no comparison with how many people get snagged on an annual basis even BEFORE fingerprinting was reinstituted.  

To me that’s another predictability:  you just know if the information was in the GOJ’s favor, they would have released it as well.  But this glaring omission I bet means there’s not much statistical difference.  Besides, the GOJ similarly congratulated themselves last year when announced their catch the first day after fingerprinting was instituted, even though the fine print revealed those NJ were snagged for funny passports, not fingerprints.  And we’ll throw in data about visa overstayers (even though that’s unrelated to the fingerprinting, since fingerprinting is a border activity, and overstaying is something that happens after you cross the border) just because the media will swallow it and help the public make a mental association.

Likewise, there is no ultracentrifuging of the data below to see how many were done for passports or fingerprints again.  And of course, predictably, the J media is not asking analytical questions of their own.  The closest we get is the admission that the GOJ is collecting these fingerprints to submit to other governments.  Which is probably the real intention of this, Japan’s “contribution to the war on terror”.  

What a crock.  Arudou Debito in Morioka

846 refused entry into Japan under revised immigration rule

http://www.breitbart.com/article.php?id=D94NKV182&show_article=1

TOKYO, Nov. 28 2008 (AP) – (Kyodo)—A total of 846 foreign nationals have been refused entry to Japan since the country began fingerprinting and photographing foreign nationals at airports and seaports nationwide in November last year, the Justice Ministry said Friday.

Most of the refusals were due to arriving passengers’ fingerprints matching those of people deported in the past while, in several cases, they matched those of wanted people, according to the ministry’s Immigration Bureau.

Of the total refused entry, 297 were South Korean, 155 Filipinos and 90 Chinese.

Some carried other people’s passports.

Under a revised immigration law enforced in November 2007 as part of an antiterrorism measure, foreign nationals aged over 16 are required to be fingerprinted and photographed.

The scanned fingerprints and other biometric data of those entering Japan are stored in a computer. Japanese investigative authorities can access the information and share it with foreign immigration authorities and governments.

It is believed the new rule not only blocks the reentry of deportees at airports and seaports but also discourages such attempts at reentry, ministry officials said.

The number of foreign nationals overstaying visas in Japan came to some 7,500 in the year that ended in October, down 35 percent year on year, according to the ministry.

ENDS

Yahoo News: 政府の世論調査: 外国人客増、5割強が「不安」GOJ survey: More than 50% fear NJ tourist influx

mytest

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

Morning blog.  We have an interesting little quickie article here in Japanese, describing how 53% of respondents to a government survey “are worried about public safety, and want some policy measures taken” with the proposed increase of NJ tourism.  Nice of the GOJ to anticipate public fear and public need for security measures against NJ.  Some more leading questions, please?  Hey, the NJ are fair game in GOJ surveys, it seems.  See what I mean here, here, and here.  Debito

外国人客増、5割強が「不安」=「観光庁知らない」6割−政府世論調査
11月23日2時52分配信 時事通信
http://headlines.yahoo.co.jp/hl?a=20081122-00000121-jij-pol
Courtesy of Getchan and Dave Spector

 日本を訪れる外国人旅行客が増えることについて、5割強の人が治安面で不安に感じていることが政府の「観光立国と観光庁に関する世論調査」で22日、分かった。訪日外国人客(年間)は、2007年に過去最高の835万人を記録。政府は10年までに1000万人に増やすのを目標に誘致活動を進めているが、受け入れ態勢の整備とともに治安対策の強化も求められそうだ。

 調査結果では、外国人客が増えたと感じている人は8割。ただ、外国人客の増加について聞いた質問(複数回答)では、「治安面から不安で、何らかの対策が必要」と答えた人が最も多く53%。「地域社会でトラブルが多くなる」も27%いた。「国際交流が進む」は51%、「地域経済の活性化につながる」は40%だった。
ENDS

Japan Times: PM Aso “stimulus plan” bribe taking flak, also still unclear if NJ get handout

mytest

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

Hi Blog.  It’s getting clearer to me that PM Aso’s “economic stimulus package” of cash back to citizens is nothing more than a bribe to voters.  Yes, to voters.  Again, as the plan nears approval, it’s still unclear whether NJ residents also get any money.  However, it’s pretty clear why this fence sitting:  NJ can’t vote, so they don’t count.  Even though they spend money like citizens, so they should count.  

Thus this is not an economic stimulus package (which would naturally and unequivocally include everyone in Japan who spends money).  It’s a political stimulus, to popularity polls for the LDP.  Because as critics point out below, it’s unclear that it’ll have any economic effect at all.  It didn’t before.

So let’s not fall for the guise of economics anymore.  Arudou Debito in Sapporo

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

Cash handout finding few fans

Local leaders say the economy needs a government stimulus plan with greater focus

By REIJI YOSHIDA, Staff writer
The Japan Times Monday, Nov. 17, 2008
   

In 1999, the coalition government was bashed for what was dubbed “one of the silliest policy measures of the century.”

Is the current government ready to repeat that blunder as early as this year or early next year?

The answer is probably yes, according to numerous governors and mayors across the country as well as most commentators.

Criticism for a planned ¥2 trillion cash handout program, formally decided by the government led by the ruling Liberal Democratic Party and New Komeito on Wednesday, hasn’t ceased over the weekend, reviving the memory of the 1999 coupon program that cost ¥700 billion but had little benefit for the economy.

Kanagawa Gov. Shigefumi Matsuzawa, appearing on a TV news program Saturday, waved a ¥10,000 bill before the camera and argued that the government should not be scattering cash around among people with no strategic economic focus.

“The previous coupon handout program boosted the individual consumption portion of gross domestic product by only 0.1 percent. The Economic Planing Agency admitted that it had little economic effect,” Matsuzawa pointed out.

Dozens of governors and mayors similarly have called on the government to spend that amount of money, if ever it will, with a clear strategic focus.

“(The government ) will spend ¥2 trillion, which is equal to the budget of the Tottori Prefectural Government for five years. I cannot even visualize that amount of money,” Tottori Gov. Shinji Hirai said Thursday.

Under the program announced by Prime Minister Taro Aso, the government plans to distribute ¥12,000 to every citizen, plus an additional ¥8,000 for each child 18 or younger and elderly person 65 or older. Whether foreigners will be covered has not been decided yet.

The handouts are supposed to total ¥2 trillion, nearly three times as much as the notorious coupon program.

Analysts say the handouts are as unlikely as the 1999 coupons to spark a consumption boom, because people probably won’t spend much amid the global financial crisis and a looming rise in the unpopular consumption tax, which Aso said may be increased in three years.

Even government economists agree. Kaoru Yosano, economic and fiscal policy minister, revealed at a news conference Oct. 31. that the Cabinet Office estimated that doling out ¥2 trillion in cash will boost total GDP by only 0.1 percent.

What particularly astounded local government leaders was Aso’s decision to let municipalities decide whether to put an income cap on applicants so people making a lot of money would not be eligible.

Mayors worry about chaos at their municipal offices as thousands of people are expected to rush to apply for the handout in a short period of time, and local officials would have a giant task checking the annual income levels of applicants.

Norihisa Satake, mayor of Akita and head of the national association of mayors, argued that it’s simply impossible for city offices to handle all the clerical work.

“If 137,000 households (in Akita) come to City Hall over two weeks, about 10,000 people will come a day,” said Satake, adding the building only has parking for 400 automobiles.

The central government reportedly hopes to start handing out the cash after having a second supplementary budget enacted by the Diet in March.

But March is also the time when workers at municipal offices are extremely busy as the fiscal year ends later in the month.

“Even if we stop all the (other) work, we would not be able to handle (the applications). Do Diet members understand the reality of this?” Satake asked at a news conference in Akita last week, according to minutes of the conference posted on the city’s Web site.

ENDS

 

 

 

 

One year after Japan reinstitutes fingerprinting for NJ, a quick retrospective

mytest

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

Hi Blog.  It’s already been a year since Japan reinstituted fingerprinting for most NJ (after abolishing it in 2000 due to what was deemed back then to be human rights concerns) on November 20, 2007.  

There are still concerns about its application (a friend of mine who lived in Kobe actually LEFT Japan for good after more than a decade here, because he was so browned off about the unfulfilled promise of automatic gates at airports other than Narita; more later), its efficacy (we still don’t know many people were caught through fingerprints per se, as opposed to passport irregularities), the sweetheart GOJ deal to quasi-American company Accenture to make these machines, the long lines at the border due to faulty machines, the lumping in of Permanent Residents with tourists, the official justifications in the name of preventing terrorism, infectious diseases, and foreign crime, you name it.  

The shockwaves and indignations were so palpable that people banded together to form FRANCA (Foreign Residents and Naturalized Citizens Association), a lobbying and interest group to represent the interests of the “Newcomer” immigrants to Japan (we are in the process of formally registering as an NPO with the GOJ).

There’s a whole heading on fingerprinting on this blog at
https://www.debito.org/?cat=33
but see special issues of the DEBITO.ORG NEWSLETTER on the subject here:
https://www.debito.org/?p=676 and https://www.debito.org/?p=788

There’s also a special section on Debito.org for people to add their personal experiences with Immigration upon entering or returning to Japan, with 57 responses as of today:
https://www.debito.org/?page_id=745

Anyway, time for a brief retrospective:

Here’s an article from Maclean’s Magazine (Canada) from last March which I think puts it all pretty well.  Courtesy of Jon Dujmovich:

As for how people are being treated now that it’s been open season on NJ in the name of security, here’s an excerpt from a friend about how his wife (a Japanese) is being treated by police just because she doesn’t “look Japanese”:

I would like to relate to you an anecdote related to me by my wife concerning passport checks at Nagoya’s Centrair airport (at least, she didn’t indicate if she’d had the same experience at Kansai international airport or not).  My wife has been an airline employee for quite some time, and started her current position as cabin crew for a major international carrier after a brief period of unemployment once the contract period for her previous position was completed.  Her current working conditions are far from ideal, but she’s going to stick with it for the time being.

You have posted a number of entries on your blog about how NJ are regularly subjected to passport checks in major airports even after passing through immigrations.  Apparently it also happens to my wife quite regularly.

As she works for an international carrier, there are crew members from various countries and regions (Philippines, Hong Kong, the U.S., etc.) in addition to the Japanese crew.  For short stays, they are provided with a shore pass that allows them to enter Japan.  My wife has told me that it is very common for the ever helpful security drones to accost her and demand “Shore pass!” in heavily accented English.  I don’t know if they approach her because they think she doesn’t look “Japanese enough” (much to her perpetual consternation, a large number of people apparently tell her she looks Korean, and she’s not Zainichi), or because they see that her name plate is written in katakana (I am grateful that she took my name when we married, but it has caused some difficulties that I am sure you are familiar with), but they apparently don’t accept her statement that she is Japanese and make her show her passport anyway.

Now, of course, because she IS Japanese, not to mention typically tired after a flight, she is not at all inclined to raise a fuss about this.  It’s certainly despicable, but nothing that I’m about to suggest filing a lawsuit over.  Of course, if I even suggested something as straightforward as writing a letter of complaint to her, she I am sure that she would flat-out reject the idea on the grounds that it would be a bother (面倒くさい) and would cause too much trouble (迷惑をかける).  But this makes it clear to me that it’s not just definitely foreign-looking people who are being targeted, it’s anyone that evinces even the slightest indication of the possibility of being a foreigner.  Unless it’s a new(er? she never mentioned this happening at KIX when she was employed as crew for her previous job) policy to screen all airline employees regardless of the fact that they go through immigration just like everyone else.

Sorry to have taken so much of your time, but if you’ve bothered to read this far, thank you kindly.  Feel free to use this anecdote on your blog and garner comments, although if so I’d appreciate it being scrubbed of any remotely personally identifying information.

As always, keep fighting the good fight, and I am always looking forward to reading the new entries and comments on your blog.

Thanks.  Let’s get some more from Debito.org readers about their experiences and feelings of being fingerprinted.  Comment away.  Arudou Debito in Sapporo

Japan Times on GOJ’s new efforts to boost tourism to 20 million per annum

mytest

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

Hi Blog.  I heard from Tyler Lynch that Japan Tourism Agency Commissioner Mr Honpo gave a speech in Nagano recently, on how to more than double tourism to Japan to 20 million visitors per annum by 2020 (see article immediately following).  One question during the Q&A was the recent poll indicating that 27% of hotels polled don’t want NJ tourists, for whatever reason (something not mentioned in the article below).  What was the GOJ going to do about these coy lodgings, refusing people in violation of Japanese hotel laws?  Well, according to Tyler, nothing.  First the article, then Tyler’s report:  

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

In tough economic times, tourism boss finds visitor boost a tall order

The Japan Times, Tuesday, Nov. 11, 2008

By TAKAHIRO FUKADA Staff writer
Courtesy of Tyler Lynch
    

Japan’s ailing regional economies can be revitalized by tapping the sightseeing potential of growing Asian countries, according to Japan Tourism Agency Commissioner Yoshiaki Hompo.

News photo
Tall order: Japan Tourism Agency Commissioner Yoshiaki Hompo is interviewed recently in Tokyo. YOSHIAKI MIURA PHOTO

China will be a vital market, and Hompo’s agency is now in talks with other government bodies to gradually ease rules for issuing visas to Chinese tourists, he said during a recent interview in Tokyo.

Hompo also said the Japanese are not exclusionist and boasted the country has a unique natural and cultural diversity.

The agency was launched last month as part of efforts to draw 20 million foreign tourists by 2020, far beyond the 8.4 million who visited last year.

“Because the nation’s population is declining, Japan as a whole is increasingly aware that it must vitalize its regions by expanding exchanges, and some municipalities are desperate,” the new agency chief said.

Hompo hopes that despite the yen’s recent appreciation, Chinese, South Koreans, Taiwanese and Singaporeans will boost travel to Japan in the future.

Those parts of Asia with high growth potential must be included in Japan’s economic growth strategy, he said. Sightseeing can be a crucial and effective way to serve these goals, he stressed.

Hompo said he is proud of Japan’s unique tourism resources.

“Japan has been taking in both Western and Oriental cultures in its own way, so we now have an extremely diverse culture,” Hompo boasted.

“We have diversity that even Europe and Asia do not possess. It is a distinguishable feature of Japanese tourism resources,” Hompo said.

To draw 20 million tourists, the agency said Japan will need to attract around 6 million from China, which is far more than the 900,000 who visited last year.

“We will not be able to achieve that if we do not ease visa” restrictions for travelers from China, Hompo said, adding, however, the government will ease them gradually.

Experts are recommending streamlining the visa process or offering exemptions in certain cases to attract more visitors.

While boasting attractive tourism resources, and ambitious goals, the surging yen and recent world economic turmoil have cast a dark shadow on the market, Hompo conceded.

In September, the number of foreign tourists to Japan fell almost 7 percent from a year earlier to 611,500. South Korean travelers plunged more than 20 percent to 159,500.

“We have to be ready for this situation possibly continuing,” Hompo said.

But he remains optimistic as he said many foreign tourists have been choosing Japan in recent years.

Hompo said the agency will accelerate coordination with other ministries on easing visa restrictions for Chinese tourists.

“Easing visa (restrictions) has apparently quick effects” in bringing in more foreign tourists, he said.

While some may argue that many Japanese are xenophobic, Hompo said Japan will welcome foreign tourists with hearty hospitality.

“I do not necessarily think (Japanese) are exclusive in general,” Hompo said. “I wonder if anywhere else has people with this abundant hospitable mentality.”

The agency is in charge of implementing measures to turn Japan into a more tourism-oriented nation. It promotes the Visit Japan campaign, which publicizes appeals overseas for people to visit Japan and take in its natural scenery, modern metropolises and traditional enclaves.

 

ENDS

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

COMMENT:  Here’s how Tyler reported (from a comment on Debito.org) about a speech Mr Honpo gave:

Tyler (平) Lynch Says: 

Debito-san,
Yesterday I attended a tourism symposium in Matsumoto (Nagano Pref.) Yoshiaki Hompo, the 長官 of the newly created Japan Tourism Agency, was the guest speaker, and he commented on this issue of 27% of ryokans not wanted foreign guests.

Hompo-san presented some impressive stats on Japan’s tourism and (declining) population trends. One important figure was how much tourist expenditure it would take to cover the economic loss of one resident: 24 Japanese tourists (76 if just day trippers) or just 5 tourists from overseas. The point is Japan’s economy needs “Inbound” tourists to keep the economy stable during its population loss. In 2003, ex-PM Koizumi declared the goal of 10 million foreign tourists per year by 2010. Seemed pretty ambitious with there only being 5,100,000 at the time, but ‘08 is on target for 9,150,000. (That target is now in danger due to the recent climb of the Japenese Yen.) As Koizumi’s goal will likely be achieved earlier than expected, the JTA is now considering a new goal of 20 million by 2010. That would mean 1 in every 6 宿泊者 (lodgers) would be a foreigner (compared with 1 in 14 in 2007).

Hompo-san then said he is often asked: “With that type of stat, are you just going to ignore the 27% of the ryokans that don’t want to accept foreigners?” You know what his reply was?  “Yes, we are going to ignore them.” The reasoning was that the 1 in 6 won’t be spread evenly across all inns and hotels. The percentages will obviously be higher in Tokyo than the countryside. The inns in the 27% group tend to be in the countryside and tend to not want foreigner guests because they are not confident they can provide satisfactory service to them (c.f. Iegumo-san’s in-laws). Hompo-san indicated he would prefer to let such inns persist in their ignorance rather than forcing Inbounders on them, which would only create unpleasant experiences for both parties. As Japan’s population (and therefore their customer base) shrinks, then maybe the inns will wake up to the reality of needing to direct their omotenashi towards foreigners. Or maybe they’ll just keep on sleeping… (My editorializing, not his, but Hompo-san did say he would ほっとく the 27% in the hopes of avoiding them providing 忠太半端 service to foreign guests.)

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

DEBITO COMMENTS:  So there you have it.  The economic incentives are clear:  5 NJ tourists equals 24 J tourists (or 76 J day trippers) — meaning NJ tourists spend five to fifteen times more money than Japanese tourists.  But Mr Honpo doesn’t seem to think that enforcing the Ryokan Gyouhou matters — the invisible hand of economic pressure will take care of everything, including discrimination against foreigners.

Maybe.  But it’s still odd for a member of the administrative branch to argue that laws need not be enforced — that exclusionary hotels can just be ignored.  As if “JAPANESE ONLY” rules at hotels will not encourage copycats in other business sectors to put up similar signs and rules.  Moreover, economic incentives have not resolved other cases of exclusion, even when there are similar buyers’ markets in the apartment rental economy, where refusals of NJ are still commonplace.  Harrumph.

Arudou Debito in Sapporo, another major tourist destination.

Compare: Good survey of “non-Japanese citizens in Sapporo” by City

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog.  I mentioned yesterday about Careercross’s lousy survey of NJ employers, with loaded and leading questions galore about how NJ bosses apparently view their J subordinates.  Contrast it with this thorough, culturally-sensitive survey (down to the phrasing of the questions) put out by the Sapporo City Government.  Courtesy of Olaf, who got surveyed (I didn’t, of course.)

They do these once or twice a decade; their last one was in 2001, and they completely rewrote the 2008 version after a lot of groundwork from other city offices and help from their NJ staff, the International Relations Department told me last month.

Now this is how you do a survey.  I’ve seen a lot of crappy ones over the years.  (Government agencies seem to be incredibly inept at good social science.  Consider this periodic survey from even the PM Cabinet regarding human rights, where they offer rights for other humans (NJ) as optional, not required!  Keeps incurring the wrath of the United Nations.)  Not Sapporo.  Other cities should take note of this and use it as a template.  So should Careercross.

Survey in English (cover plus 19 pages), then Survey in Japanese (cover plus 19 pages):

Well done!  Arudou Debito in Sapporo

2008.11.20 日本版US-VISIT開始から1年 院内集会 [えっ!外国人登録証がなくなるの?」

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
<転載歓迎>
————————————————————————–
2008.11.20 日本版US-VISIT開始から1年 院内集会
えっ!外国人登録証がなくなるの?
2009年入管法改悪・「在留カード」導入案に待った!
————————————————————————–

日時:2008年11月20日(木) 12時45分 ~ 14時15分
会場:衆議院第二議員会館 第一会議室
※ 地下鉄「国会議事堂前」駅下車 徒歩3分)
※ 1階ロビーにて通行証をお渡しします。

【内容】
(1)     指紋押捺制度廃止から日本版US-VISIT導入まで
報告:佐藤信行さん(在日韓国人問題研究所・RAIK)
(2)当事者からの発言/2007年11月20日法務省前行動のビデオ上映を予定
(3)     どうなる? 2009年入管法改定
 「外登証」を廃止して、「在留カード」「外国人台帳制度」へ
報告:旗手明さん(自由人権協会・JCLU)
(4)「在留カード」が導入されたら…懸念される問題点
教育(子ども)/医療サービス/難民申請者

※ その他、国会議員や参加者からの発言を予定。

日本版US-VISITの施行から1年

来る11月20日、ほぼすべての来日・在日外国人の指紋などの生体情報の提供を(再)入国時に義務づける制度(日本版US-VISIT)が開始されて丸1年が経ちます。「差別だ」「まるで犯罪者扱い」という外国人の訴えや批判は、生体情報提供を拒否すれば入国できないという現実の中でかき消されています。

その一方で、政府は外国人の個人情報の管理強化を目的とした政策を進めています。2009年の通常国会では、これまで自治体が発行していた「外国人登録証」を廃止し、法務省が直接発行する「在留カード」を導入するという入管法改定案が出される見込みです。しかし、「在留カード」が導入されることによってますます外国人管理が強化されるとともに、「外国人台帳制度」から排除されることによって基本的権利を奪われ、社会的に「見えない存在」とされてしまう人びとが確実に出てくると危惧されます。

「管理」ではなく「人権」システムを!

院内集会では、2009年に提出が予想される外国人登録証廃止・「在留カード」導入案の枠組
み、また実際に導入される場合にどのよう問題が懸念されているのかを中心に考えます。ま
た、改めて、日本版US-VISITによる生体情報提供義務に反対を表明します。

■主催団体■
アムネスティ・インターナショナル日本/移住労働者と連帯する全国ネットワーク/
外国人人権法連絡会/外登法問題と取り組む全国キリスト教連絡協議会/
盗聴法(組対法)に反対する市民連絡会/反住基ネット連絡会

■お問い合わせ■
アムネスティ・インターナショナル日本
東京都千代田区神田錦町2-2 共同ビル(新錦町)
TEL:03-3518-6777 (担当・川上)

Japan Times update on granting children of mixed J/NJ parentage citizenship

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Here’s more on the debate regarding legally plugging the holes in Japan’s nationality laws. Arudou Debito in Sapporo
=================================
Citizenship for kids still tall order
The Japan Times, Wednesday, Nov. 5, 2008

 By SETSUKO KAMIYA and MINORU MATSUTANI, Staff writers
http://search.japantimes.co.jp/cgi-bin/nn20081105f2.html

Many observers of the Nationality Law have welcomed the government’s proposed revision approved Tuesday by the Cabinet that will soon allow hundreds of children born out of wedlock to Japanese men and foreign women to obtain Japanese nationality if the father recognizes paternity even after birth.

Despite what seems to be a positive move, however, some also predict many challenges ahead before the children entitled to Japanese nationality can actually acquire it.

“The revision will mean a lot to the children, because (nationality) is part of their identity and will secure them a more stable status and future,” said Rieko Ito, secretary general of the Tokyo-based Citizens Network for Japanese-Filipino Children, which supports Filipino women and children in Japan who often live under permanent resident status.

The scheduled amendment is in line with the June 4 Supreme Court ruling that a provision of the law on the status of children born out of wedlock was unconstitutional.

Today, the law still reads that a child born out of wedlock between a Japanese father and a foreign mother can get Japanese nationality only if the father admits paternity during the mother’s pregnancy, or if the couple get married before the child turns 20, but not after birth.

Thus, children whose fathers acknowledge paternity after their birth are not granted Japanese nationality, which the top court declared a violation of equal rights.

The proposed revision stipulates that children born out of wedlock whose fathers recognize paternity, regardless of the timing of the acknowledgment, can obtain Japanese citizenship.

The revised bill will soon be submitted to the Diet and is expected to clear both chambers during the extraordinary session.

Since the ruling, more than 90 people who would be granted Japanese nationality once the revision is enforced have applied for it, according to Justice Ministry official Katsuyoshi Otani.

Among them, two-thirds are Filipino and the rest are mainly Chinese and South Korean, he said. Of the applicants, about 90 percent reside in Japan, he said, adding that the procedure is currently pending.

The reason behind the large number of Filipino applicants is that Japanese brokers have brought Filipino women to Japan to work as entertainers since the 1980s. In most cases, the women, who came to earn money to send back to their families, ended up working in night clubs as hostesses.

The bill grants applicants who were younger than 20 as of Jan. 1, 2003, and had been recognized as a Japanese man’s child by then, the right to obtain Japanese nationality if they apply for it within three years of the revision taking effect.

The revision draws the line at Jan. 1, 2003, because among the plaintiffs, that year marked the oldest case of paternal recognition, the ministry explained.

Nihon University law professor Akira Momochi is critical of the revision to the law, arguing this will inevitably invite fraudulent cases with people falsely claiming parental recognition.

“There are many Asian people who want to sneak into Japan. I can easily imagine they want to defraud the Japanese authorities (by using the revision),” he said.

Momochi added that the revision’s new clause penalizing people who forge documents necessary to apply for nationality with up to one year in prison or a fine of up to ¥200,000 is not severe enough to serve as a deterrent.

But Chuo University Law School professor Yasuhiro Okuda argued that forging paternity recognition was not worth the risk.

First, even if the mother succeeds in registering the child as a Japanese national at a registration office, this does not automatically secure her residential status in Japan.

And once a child is registered, the “father” must technically bear responsibility for child support or giving the child inheritance rights, unless the father files a lawsuit to fix the registry, Okuda said.

In addition, forging a family registry is a crime that can lead to a prison term of five years or a ¥500,000 fine.

Okuda, who supports the revision, is more concerned about the difficulties the mothers may face when seeking recognition for their children by the real biological fathers.

First, many fathers hesitate to recognize their paternity of children born out of wedlock. The revision to the law may encourage more mothers to file lawsuits against the father to acknowledge paternity, but lawsuits can be very expensive for the mothers.

Another problem is that local-level authorities tend to refuse to accept the parental recognition registrations, even though the mother, in accordance with the rules, has the necessary information to prove the child belongs to a Japanese father. This largely derives from lack of knowledge of the correct procedures by the authorities, Okuda noted.

Okuda estimates there are at least 10,000 children in Japan who may potentially apply for citizenship once this revision takes effect.

“If the numbers of applications to Japanese nationality don’t go up, it’s important to doubt whether the authorities are doing their job properly,” he said.

The proposed revision does not exclude children between Japanese fathers and foreign mothers living overseas from applying for Japanese nationality when the conditions are met.

Ito of the network for Japanese-Filipino children said its office in the Philippines is currently helping some 30 mothers prepare to visit theJapanese Embassy in Manila to apply for Japanese nationality for their children in early December.

But she added that mothers need to think carefully before considering applying, because their children are already growing up in the Philippines and such a profound change may affect them in many ways.

“Unfortunately, some mothers blindly believe that obtaining their children’s nationality will automatically secure them a better life in Japan, but having that kind of premise is dangerous,” she said.

Okuda of Chuo University advised that applicants must also be careful to check the regulations in the mothers’ countries, as obtaining Japanese nationality may lead to their children losing their other nationality.

ENDS

Kyodo: SDF’s Tomogami revisionist history shows cosiness between J military and right-wing nationalists

mytest

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

Hi Blog.  Here’s an issue that is being fleshed out in a well-written, informative Kyodo article:  that of historical revisionism within Japan’s military, and its cosiness with the right-wing.  We had a general write a prize-winning essay (received from right-wingers, see below) denying that Japan waged a war of liberation against Asia during WWII.  How Japan treats or is treated by its neighbors is of import to Debito.org, albeit tangentially, so let me reproduce Kyodo’s recap of the debate so far.  

I was asked for my opinion earlier this month in the Comments section of my blog.  In brief, this is how I answered:

========================
–- Tamogami was forced to resign. Good. He did not capitulate. Fine with me (it is his opinion). But the media I’ve seen so far skirts the issue. It’s not a matter of whether what he said was appropriate for his position within the SDF. It is an issue about whether what he says is historically accurate. (It is not.) And until these historical issues are finally laid to rest (through, as UN Rapporteur Doudou Diene suggested, a history book of the region written and approved by scholars from all countries involved), this is just going to keep happening again and again. Exorcising the elephant in the room, i.e. the ghost of Japan’s wartime past (particularly as to whether it was a war of aggression or liberation), must be done sooner or later. It is still not being done and debunked, and that means the SDF person can just use “freedom of speech” as his cloaking device and compare Japan to the DPRK (as he has done) and just gain sympathy for the Rightists. There. Debito 
========================

Unfortunately, I don’t see any diversion from this path even as the debate, as Kyodo reports below, goes to the Diet.  The debate has gone into issues of civilian control (meaning, to freedom-of-speechers on both sides of the political spectrum, mind control), and Tamogami is setting himself up to become a martyr to the right wing.  Again, the tack should also include, is what he saying historically accurate?  Again, it is not.  

The honest study of the history of any country is going to reveal things that a nation is ashamed of, and one must include that as part of the national narrative.  The Tamogamis, Obuchis, Abes, and Asos are just going to have to live with that.  And part of the process is bringing historical fact of Japan’s conquering, Imperialist past into the debate.  Arudou Debito in Sapporo

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

FOCUS: Unapologetic ex-general’s testimony fuels civilian control concern

TOKYO, Nov. 11, 2008 KYODO, Courtesy of the Club

http://www.japantoday.com/category/commentary/view/unapologetic-ex-generals-testimony-fuels-concern-over-civilian-control-of-sdf

     Sacked air force chief Toshio Tamogami testified in parliament Tuesday over his controversial war essay but his unapologetic rhetoric only highlighted a large difference in perception with the government regarding Japan’s role in World War II.

     His testimony also posed a question even among Self-Defense Forces officers about whether the 60-year-old former general was ever fit for the post of Air Self-Defense Force chief of staff and prompted politicians to have second thoughts about the effectiveness of their efforts to maintain civilian control of the defense forces.

     ”Did I do such a bad thing at the end of my career?” the outspoken Tamogami told reporters after pressing his case over the essay as an unsworn witness during a 160-minute session before the House of Councillors Committee on Foreign Affairs and Defense.

     Tamogami offered no apology or remarks that he would take a hard look at the release of the essay in which he denied Japan waged a war of aggression in other Asian countries before and during the war.

     ”I’m feeling good,” Tamogami said to TV camera crews and photographers on entering the parliament building earlier in the day for the testimony session.

     ”Mr. Tamogami has learned nothing (from this controversy),” a senior official of the Defense Ministry said. ”I cannot help doubting Mr. Tamogami properly understands the gravity of what he did as a top SDF officer.”

     The Chinese and South Korean governments have expressed their displeasure over Tamogami’s essay although the dispute has yet to develop into a major diplomatic problem.

     Adm. Keiji Akahoshi, the chief of staff of the Maritime Self-Defense Force, questioned Tamogami’s remarks in the upper house committee, telling a press conference, ”Again I recognized the gravity of the problem and that his releasing the essay was inappropriate.”

     Tamogami was dismissed as ASDF chief Oct. 31, the same day as his essay, which the government says clearly contradicts the position of successive governments, was made public.

     In the essay, Tamogami denied that Japan had waged a war of aggression in other Asian countries and challenged legal restrictions on SDF activities such as limits on the use of weapons overseas under the U.S.-drafted Constitution.

     Setting aside the essay’s content, the issue also shed light on whether politicians can properly control the expression of opinions by SDF personnel while being mindful of freedom of speech.

     Tamogami was known for his straight talk after becoming ASDF chief in March 2007 and wrote an article later that year in a magazine circulating only within the ASDF on the war and historical issues that contained views similar to those in the essay.

     Defense Minister Yasukazu Hamada, a legislator, admitted that the then leadership of the ministry missed the article ”because that was an in-house magazine.”

     This time, the essay Tamogami wrote while ASDF chief was made public as the winner of the 3 million yen top prize in a competition.

     But an SDF officer tried to defend Tamogami saying, ”I heard it was well-known in the ASDF that Mr. Tamogami held such views on the history of the war as he expressed opinions to that effect on various occasions without being clearly advised not to do so.”

     ”He may be puzzled, feeling, ‘Why am I being criticized so strongly only this time?” the officer said.

     Former Defense Minister Shigeru Ishiba, known as a military wonk, has said that more SDF officers should come forward to express opinions from the viewpoint of defense experts to support the defense minister.

     Tamogami has also come under fire for his failure to notify civilian officials in the ministry in writing of his plan to publicize the essay, breaking an intra-ministry rule on the expression of opinions by ranking SDF officers.

     But Tamogami said, ”That should not constitute a violation of any rules,” arguing that writing the essay was not part of his official duties and that it was a product of his private studies on history.

     At the beginning of the session Tuesday, Committee Chairman Toshimi Kitazawa from the main opposition Democratic Party of Japan urged members of the committee as well as Tamogami to be aware that sloppy civilian control over the old Imperial Japanese military forces resulted in the loss of more than 3 million lives in the war.

     The ministry is set to pay Tamogami a retirement allowance worth around 60 million yen. He was dismissed as ASDF chief but allowed to leave the ministry with a status enabling him to receive the benefit.

     ”I’ll use the allowance because I will have difficulty making a living,” Tamogami said, brushing off mounting calls to voluntarily return all or part of the money to the state coffers.

     But a top official of the ministry blasted Tamogami, saying, ”I hope he will better understand how much trouble he has caused for the ASDF for which he served for 30 something years and how seriously the already damaged confidence in the SDF has been lost.”

     The top official, who asked not to be named, also said that Tamogami was unfit for the top post in the air force and his behavior could suggest problems in the education programs at defense academies.

     ”We know there are some junior SDF personnel who don’t want to easily follow government policies on various matters. It’s OK. They have freedom of thought. But we do not usually expect a four-star-general-class officer like Mr. Tamogami to challenge the government in public,” the official said.

     Revelations about Tamogami’s cozy links with a nationalist real estate businessman who organized the competition was also among topics taken up by the committee.

     The essay contest was organized by hotel and condominium developer Apa Group and its head Toshio Motoya, a friend of Tamogami. Apa Group is also known for its support of hawkish former Prime Minister Shinzo Abe.

     On top of that, an orchestrated submission of essays by ASDF personnel is also suspected.

     Tamogami also denied in the parliamentary session that he received any inappropriate benefits from Motoya’s side and that he had played a role in the organized submission of essays.

     But the ministry has found that in addition to Tamogami, 94 of the 235 essay submissions came from the ASDF.

     Another senior official of the ministry questioned the fairness of the essay contest saying, ”It must have been fixed.”

ENDS

 

 

 

Aso’s new wheeze: Teigaku Kyuufukin. Bribe voters as “economic stimulus”. Might not include NJ, though.

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. Here’s a post from another friend (anonymized as XYZ) regarding PM Aso’s new wheeze: the “teigaku kyuufukin”.  Get people more positively predisposed towards the LDP by putting money in their pockets (as in, not to get too technical about it, a bribe). According to NHK, that means anyone over the age of fifteen and under 65 gets 12,000 yen in their pockets, and anyone under 15 and over 65 gets 8000 yen.  Wonderful stimulus package, like the LDP’s wheeze some years ago which IIRC gave something like 10,000 yen per household as coupons (which did nothing to boost GDP in the end, and just increased the national debt).  Except that back then, foreigners could not qualify as coupon receivers (as NJ are not, again, officially-registered residents — they’re just taxed like residents).

This time around, NHK and others have been debating whether NJ deserve to be bribed (after all, they can’t vote; but neither can people under 20 and they qualify).  I guess the fact that any discussion of it is happening is an improvement over the last round of bribes.  But the assumption that NJ don’t really count is once again disconcerting.  Read on for XYZ’s read.  Arudou Debito in Sapporo

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

Hello Debito,

I assume you have been following the news about the LDP’s proposals to shower money on Japan, ostensibly as an economic stimulus measure, and doubtless to buy voter sentiment in advance of the Lower House election that must be held by September 2009.

Until recently, the discussion was a typical “bread and circuses” policy of the LDP. However, unlike the 2003 plan that distributed shopping vouchers to all registered residents who met certain conditions, the LDP has started to talk of limiting distributions to permanent resident foreigners. If the handout is an economic policy, this makes no sense, since foreigners as well as Japanese patronize Japanese shops, and a foreigner with Y100 yen in her pocket is as valuable to the shopkeeper as a Japanese with Y100 in his pocket.

Of course, one cannot expect Japan to give every tourist money as they deplane, and Aso’s policies may never pass money even to Japanese citizens, but until recently the talk was of distribution to all taxpayers, or households, without a nationality element.

There is one school of thought that suggests that the LDP may actually be trying to court permanent residents in preparation for their being given some kind of vote, but predictably suggesting that foreigners receive even 1 yen brings out the “Japan for the Japanese only” voices that would have been clueless if the Aso administration had just rammed through the legislation and quietly distributed the money to taxpayers.

Presumably, foreign taxpayers who fall short of permanent residence will still be entitled to deductions for housing loans or tax rate reductions.

Here is the only report I could find in print; I heard the report on the television originally. Regards, XYZ, November 6, 2008

http://mainichi.jp/select/seiji/news/20081108ddm002010088000c.html

 自民、公明両党は7日、定額給付金について、支給額を1人当たり1万2000円とし、18歳以下の子供と65歳以上の高齢者には8000円を加算する方向で調整に入った。高額所得者を対象外にする基準額については結論を持ち越した。来週半ばまでにまとめる。

 自民党の園田博之政調会長代理と公明党の山口那津男政調会長が7日、国会内で協議した。公明党は15歳未満と65歳以上に1万円を加算する案を示していたが「高校生を持つ家庭が一番お金がかかる」(山口氏)との判断から加算対象のさらなる拡大を主張。自民党側も「総額2兆円の枠内なら可能」と容認した。永住権を持つなど一定の要件を満たす外国人も支給対象とする方針。法務省によると、永住外国人は約87万人(07年末現在)。一方、窓口となる市町村が所得を把握する必要がない「自己申告方式」を含め、支給方法は引き続き検討する。政府側も、総務省が11日に「生活支援定額給付金実施本部」を設置し、支給方法の具体的な検討を本格化させる。【仙石恭】

毎日新聞 2008年11月8日 東京朝刊

ENDS

Mainichi: Collapsed international marriages raise child abduction issue

mytest

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

HI Blog.  This issue is increasingly garnering attention.  Good.  Debito in haste in Tokyo, speaking at JALT in two hours.

Collapsed international marriages raise child abduction issue

(Mainichi Japan) October 25, 2008, Courtesy of MS

http://mdn.mainichi.jp/mdnnews/news/20081025p2a00m0na009000c.html

Japanese women from collapsed international marriages are increasingly bringing their children to Japan without confirming custody rights, creating diplomatic problems between Japan and other countries, it has emerged.

In one case three years ago, a Japanese woman’s marriage to a Swedish man collapsed and she brought their child to Japan. Later when she traveled to the United States by herself she was detained, as police in Sweden had put her on an international wanted list through Interpol for child abduction. She was sent to Sweden and put on trial.

The Hague Convention on the Civil Aspects of International Child Abduction bans people from taking their children to their home country after a collapsed marriage without confirming issues such as custody and visitation rights of the country in which they are living. The convention has about 80 signatory countries, mainly in Europe and North America, but Japan is not one of them.

Among cases known to foreign governments, there are about 50 cases between Japan and the U.S. in which foreign husbands are requesting custody of children brought to Japan by Japanese women, and about 30 such cases between Japan and Canada. Similar cases exist between Japan and countries such as Britain, Australia and Italy.

In such cases, when foreign husbands file lawsuits in Japan seeking custody or visitation rights, their claims are rarely accepted, and the tough barriers put up by Japan in such cases have caused frustration.

In March this year, the Canadian Embassy in Japan held a symposium on the child abduction convention that was attended by Canadian and U.S. government officials. Canadian Prime Minister Stephen Harper also commented on the issue when he came to Japan during the July G8 summit. Some diplomatic officials have criticized Japan, saying that Japan, while criticizing North Korea’s abductions, it is carrying out abductions itself.

Among the Japanese women who have come back to Japan with their children, there are apparently some who have fled due to violence from their husbands. In other cases they have apparently concluded that they would not be able to win court custody lawsuits because they don’t know much about the other country and can’t speak the language well. There are also many who don’t realize that their actions constitute child abduction under the convention, and that they risk the same consequences as in the case in Sweden.

Japanese Health, Labor and Welfare Ministry figures show that the number of international marriages climbed from 27,700 in 2005 to 44,700 in 2006, about 1.6 times more. At the same time, divorces increased from 7,990 to 17,100 — more than doubling.

Considering that bringing children to Japan without confirming custody could constitute abduction, the Foreign Ministry has started to consider informing Japanese in international marriages through diplomatic establishments abroad. (By Megumi Nishikawa, Expert Senior Writer)

(Mainichi Japan) October 25, 2008

毎日:国際結婚と子の親権 連れ帰れば「幼児誘拐罪」・「北朝鮮の拉致を非難する日本が拉致をしている」と批判

mytest

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

グローバル・アイ:国際結婚と子の親権 連れ帰れば「幼児誘拐罪」=西川恵

毎日新聞 2008年10月25日 東京朝刊

http://mainichi.jp/select/world/news/20081025ddm007070149000c.html

 国際結婚が破綻(はたん)した後、日本女性が子どもを一方的に日本に連れ帰るケースが増加し、日本と諸外国の間で外交問題となっている。

 日本女性のA子さんはスウェーデン人の男性との結婚に破れ、子どもを連れて日本に帰国。その後、単身米国に渡った時、空港で身柄拘束された。スウェーデンの警察から国際刑事警察機構(インターポール)を通じて幼児誘拐罪で国際手配されていたのだ。A子さんはスウェーデンに送られ、裁判にかけられた。3年前のことである。

 国際結婚に破れたカップルの一方が、子の親権、面会権などを確定しないまま、子どもをそれまでの居住国から自分の母国に連れ帰ることは「国際的な子の奪取の民事面に関する条約」(ハーグ条約)で不法とされている。米欧諸国を中心に80カ国が締約国となっているが、問題は日本が未締約なことだ。

 日本女性と子どもが日本に戻ってしまい、外国人の夫が親権を求めているケースは、相手国政府がつかんでいるだけでも日米間で約50件、カナダとの間では約30件。このほか英、オーストラリア、イタリアなどとの間でもある。外国人の夫らは子の親権や面会権を求めて日本で裁判を起こしてもほとんど認められず、日本側の固い壁に不満が募っている。

 在日カナダ大使館は今年3月、米加両国政府担当者が参加したハーグ条約についてのシンポジウムを開催。7月、サミットで訪日したハーパー加首相もこの問題を取り上げた。「北朝鮮の拉致を非難する日本が拉致をしている」と批判する外交当局者もいる。先進国の中で日本は守勢に立たされているのが実情だ。

 日本の女性が親権、さらには面会権などを決めないまま帰国する背景には、夫の暴力に耐えられず逃げ帰ったケースや、現地に疎く、言葉が通じず、裁判で親権を争っても認めてもらえないだろうとの判断などがあるようだ。ただ子どもを連れ帰ることがハーグ条約締約国では幼児誘拐にあたることを知らない人が多く、先のA子さんのようなリスクが常にある。

 しかも国際結婚は05年の2万7700件から06年に4万4700件と1・6倍増の一方、離婚は7990件から1万7100件と2・1倍に急増している(厚生労働省)。

 こうした実態を踏まえ、外務省は親権などを決めないまま子どもを連れ帰ることは誘拐罪になり得ると、在外公館を通して注意喚起することを検討し始めた。またハーグ条約加盟も検討しているが、専門家の間でどのような議論があるか次回に書く。(専門編集委員)

毎日新聞 2008年10月25日 東京朝刊

Japan Times Zeit Gist on PM Aso’s connection to WWII forced labor

mytest

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

Hi Blog.  If people want to become world leaders, it’s only natural that they will have their past investigated.  But according to the article below which came out yesterday in the Japan Times, PM Aso hasn’t exactly come clean about his family’s wartime past using forced labor.  Fascinating article follows from, where else, the Japan Times Zeit Gist Column.  Arudou Debito in Tokyo

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

The Japan Times, Tuesday, Oct. 28, 2008

THE ZEIT GIST

 

 

WWII forced labor issue dogs Aso, Japanese firms

By WILLIAM UNDERWOOD
Special to The Japan Times

After evading the issue for more than two years, Taro Aso conceded to foreign reporters on the eve of becoming prime minister that Allied POWs worked at his family’s coal mine in Kyushu during World War II.

 

News photo
Labor pains: Prime Minister Taro Aso was president of Aso Cement Co., the successor firm to Aso Mining, in the 1970s. Hundreds of Allied POWs and thousands of Koreans conscripts were forced to work for the firm during the war. YOSHIAKI MIURA PHOTO

 

But Aso’s terse admission fell far short of the apology overseas veterans’ groups have demanded, while refocusing attention on Japan’s unhealed legacy of wartime forced labor by Asians and Westerners.

Calls for forced labor reparations are growing louder due to Prime Minister Aso’s personal ties to the brutal practice, as well as his combative reputation as a historical revisionist. The New York Times recently referred to “nostalgic fantasies about Japan’s ugly past for which Mr. Aso has become well known.” Reuters ran an article headlined “Japan’s PM haunted by family’s wartime past.”

Three hundred Allied prisoners of war (197 Australians, 101 British and two Dutch) were forced to dig coal without pay for Aso Mining Co. in 1945. Some 10,000 Korean labor conscripts worked under severe conditions in the company’s mines between 1939 and 1945; many died and most were never properly paid.

Taro Aso was president of Aso Cement Co., the successor firm to Aso Mining, during the 1970s and oversaw publication of a 1,000-page corporate history that omitted all mention of Allied POWs. Aso’s father headed Aso Mining during the war. The family’s business empire is known as Aso Group today and is run by Aso’s younger brother, with the prime minister’s wife serving on the board of directors. The company has never commented on the POW issue, nor provided information about Aso Mining’s Korean workforce despite requests from the South Korean government.

Newspapers in Australia and the United Kingdom vigorously reported Aso Mining’s use of POWs in 2006. But with Aso then at its helm, Japan’s Foreign Ministry cast doubt on the overseas media accounts and challenged journalists to provide evidence.

Last year The Japan Times described how, in early 1946, the Japanese government presented Allied war crimes investigators with the Aso Company Report, detailing living and working conditions for the 300 prisoners. Yet Foreign Minister Aso continued to sidestep the POW controversy even after his office was provided with a copy of the report, which is written on Aso Mining stationery and bears company seals.

Courts in Japan and former Allied nations have rejected legal claims by ex-POWs, so the U.K., Canada, Australia, New Zealand, the Netherlands and Norway have all compensated their own surviving POWs. Hundreds of British and Dutch POWs and family members have made reconciliation-style visits to Japan in recent years as part of the Tokyo-sponsored Peace, Friendship and Exchange Initiative. Stiffed by the U.S. government, American POWs have also been excluded from Japan’s reconciliation schemes — a situation they say Prime Minister Aso has a special responsibility to correct.

Some 700,000 Korean civilians — including teenage girls — were brought to Japan to work for private firms through various means of coercion. Hundreds of thousands of other Koreans were forced to perform harsh labor elsewhere in Japan’s empire or conscripted into the Japanese military.

South Korea’s 85-member Truth Commission on Forced Mobilization Under Japanese Imperialism began work in 2005. Legislation passed last year will provide national payments of up to $20,000 to former military and civilian conscripts and family members. The measure also calls for individually tailored compensation based on unpaid wages, pension contributions and related benefits owed to Korean workers but now held by the Bank of Japan.

Seoul needs Japanese cooperation in the form of name rosters and details about the BOJ financial deposits in order to fully implement its compensation plan. Repatriating the hundreds of sets of Korean remains currently stored in Japan, many of them belonging to military and civilian conscripts killed during the war, is another key aim of ongoing reparations work. Company records would greatly aid the process of identifying remains that have been located in temples and municipal charnel houses around the country.

The Japanese government has been cooperating fitfully on “humanitarian grounds” in the case of military conscription, supplying Korean officials with some wartime records and returning the remains of 101 Korean soldiers to Seoul last January. But the Japanese side is mostly stonewalling on civilian conscripts like those at Aso Mining.

Japanese officials contend, rather implausibly, that they do not know how many Korean civilians were conscripted or how many died in the custody of private companies because the state was never directly involved. South Korea’s truth commission criticized Aso Group and Foreign Minister Aso in 2005 for failing to supply information.

“I have no intention to explain,” Japan’s chief diplomat told a Japanese reporter at the time. Earlier this month, Diet member Shokichi Kina asked Prime Minister Aso whether any data about Aso Mining was ever given to South Korea. Aso replied that his administration will not disclose how individual corporations have responded to Korean inquiries.

Noriaki Fukudome of the Truth-Seeking Network for Forced Mobilization, a citizens group based in Fukuoka, has been centrally involved in advancing the South Korean truth commission’s work within Japan.

Aso Group, says Fukudome, “has an obligation to actively cooperate with returning remains and providing records because it was one of the companies that employed the most forced laborers. But Japanese companies are keeping a lid on the whole forced labor issue. In the unlikely event that Prime Minister Aso was to direct Aso Cement (now Aso Lafarge Cement since its merger with a French conglomerate) to actively face the forced labor problem, it would have a huge effect on all Japanese companies.”

Fukudome pointed to Japan’s conformist corporate culture as one reason why very few of the hundreds of companies that used Asians and Allied POWs for forced labor have taken steps toward reconciliation. “Even if one company has a relatively positive attitude regarding reparations, it will not take action out of deference for other companies,” he said.

Chinese were the victims of the third class of forced labor in Japan. While Aso Mining was not involved in Chinese forced labor, lack of progress for the especially compelling redress claim highlights Japan’s weak commitment to settling wartime accounts.

Postwar records secretly compiled — and then purposely destroyed — by the Japanese government and 35 companies state that 38,935 Chinese males between the ages of 11 and 78 were brought to Japan between 1943 and 1945. More than one out of six died.

Japan’s Supreme Court ruled last year that the 1972 treaty that restored ties between Japan and China bars Chinese forced labor survivors from filing legal claims. Yet the court found that plaintiffs had been forcibly transported to Japan and forced to toil in wretched conditions, and suggested they be redressed through non-judicial means. Having previously declared that the “slave-like forced labor was an outrage against humanity,” the Fukuoka High Court earlier this month similarly urged “voluntary measures” to remedy the injustice.

Kajima Corp., one of the world’s largest construction companies, set up a “relief fund” in 2000 to compensate survivors of its Hanaoka work site, where 418 out of 986 Chinese perished and an uprising took place. The move prompted expectations that Japan’s industrial sector and central government might establish a redress fund for all its victims of forced labor, similar to the “Remembrance, Responsibility and the Future” Foundation enacted in Germany that same year. The $6 billion German fund eventually compensated 1.6 million forced labor victims or their heirs.

Such hopes for corporate social responsibility in Japan were dashed. On the contrary, Mitsubishi Materials Corp. defended itself in a Fukuoka courtroom in 2005 by rejecting facts about Chinese forced labor routinely recognized by Japan’s judiciary and insisting only voluntary workers were used — despite death rates of up to 31 percent at its Kyushu mines. Mitsubishi openly questioned whether Japan ever “invaded” China at all and warned judges that compensating the elderly Chinese plaintiffs would saddle Japan with a “mistaken burden of the soul” for hundreds of years.

Taro Aso, in fact, is not the Japanese prime minister most closely connected to forced labor. Wartime Cabinet minister Nobusuke Kishi was in charge of the empire’s labor programs and was later imprisoned for three years as a Class A war crimes suspect. Kishi went on to become a founder of the Liberal Democratic Party in 1955 and Japan’s premier from 1957-60. Former Prime Minister Shinzo Abe is Kishi’s grandson.

Foreign Ministry files declassified in 2002 revealed that Kishi’s administration conspired to deceive the Diet and citizens’ groups about the state’s possession of Chinese forced labor records. Kishi’s intent was to block Japanese activists from returning remains to China and publicizing the program’s true nature, as well as to head off state reparations demands from Beijing. In 2003, the Foreign Ministry searched a basement storeroom and found 20,000 pages of Chinese forced labor records submitted by companies in 1946, despite decades of denials that such records existed.

Millions of Asians performed forced labor outside of Japan during the Asia Pacific War, very often for the benefit of Japanese companies still operating today. The so-called comfort women represent a uniquely abused group of war victims forced to provide sex for Japan’s military. Last year governments in North America and Europe urged Japan to do more to right the egregious comfort-women wrong.

The Dutch foreign minister renewed that call last week, prior to a visit to Japan set to include a stop at the Commonwealth War Cemetery where hundreds of Allied POWs are buried, including two Australians who died at Aso Mining.

Days after assuming Japan’s top post, Aso apologized “for my past careless remarks” in a speech before Parliament. “From now on,” he pledged, “I will make statements while bearing in mind the gravity of the words of a prime minister.” Many are waiting for the words “I’m sorry” for forced labor.

—————

William Underwood completed his doctoral dissertation at Kyushu University on forced labor in wartime Japan. His past research is available at www.japanfocus.org and he can be reached atkyushubill@yahoo.com. Send comments on this issue and story ideas to community@japantimes.co.jp

Japan Focus runs translation of Asahi Oct 5 2008 article on discrimination

mytest

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

Hi Blog.  Academic website JAPAN FOCUS ran my translation of the October 5 2008 Asahi article earlier this week.  Now it’s got an international audience.  Good.  Arudou Debito in Sapporo

=============================
Japan’s Entrenched Discrimination Toward Foreigners
The Asahi Shimbun October 5, 2008
Translation by Arudou Debito

Japan Focus, October 25, 2008

http://www.japanfocus.org/_The_Asahi_Shimbun-Japan_s_Entrenched_Discrimination_Toward_Foreigners

Will Japan ever overcome its distrust of foreigners?  This question has been forcefully posed in various guises, most notably perhaps by the United Nations Special Rapporteur on human rights Doudou Diene.  In 2005 he concluded after a nine-day investigation in Japan that the authorities were not doing enough to tackle what he called Japan’s “deep and profound racism” and xenophobia, particularly against its former colonial subjects.  The report appeared to vindicate the work of campaigners such as naturalized Japanese Arudou Debito, who argue that Japan needs, among other things, an anti-discrimination law. 

Now, unusually perhaps for a major national newspaper, the Asahi Shimbun has waded into the debate with a major article on the issue.  Titled, “Opening the nation: Time to make choices,” the article recounts tales of discrimination by long-term foreign residents before looking at how Japan compares to other nations, including perhaps its nearest equivalent, South Korea.  A lively illustration helps makes the point that foreigners sometimes feel like second-class citizens.  The Asahi concludes that the dearth of laws here protecting the livelihoods or rights of non-Japanese makes the country somewhat unique.  “In other countries…there is almost no example of foreigners being shut out like this.”  Interestingly, the Asahi did not translate the article for its foreign edition. David McNeill

—————————-

Apartments, hospitals…even restaurants

“They’re judging me on my appearance.  They suspect me because I’m not Japanese.”  Pakistani national Ali Nusrat (46), a resident of Saitama Prefecture, was stopped near his home by a policeman and asked, “What’s all this, then?”  He soon lost his patience.  This is his twentieth year in Japan and he has a valid visa.  However, since last year, he has gotten more and more questions about his identity and workplace, to the point where he was stopped by police every day for seven days.  He was aware that security was being tightened because of the G8 Summit of world leaders [which took place in Hokkaido in July 2008], but still thought it over the top. 

Nusrat has admired Japan since childhood.  There are lots of nice people here, he says.  But after the terrorism of 9/11, he feels that local eyes have grown more suspicious towards non-Japanese.  Realtors have told him, “We don’t take foreign renters.”  When he took a Brazilian friend to a hospital, they refused to treat him:  “Sorry, we don’t take foreign patients.”  

Recently, an American male (44) who has lived in Japan 23 years took his visiting American friend to a yakitori shop in Tokyo.  Nobody took their order.  When he eventually asked in Japanese for service, a woman who appeared to be the head manager said, “No gaijin” [the epithet for “foreigner”].  It was a shock.  “If this were the US, the first thing we’d do is report it to the police.  But there is no law against discrimination in Japan, so there’s nothing the cops will do about it.”

In Otaru, on Japan’s northernmost main island of Hokkaido, there were public bathhouses with signs saying “we refuse entry to foreigners” back in 1998.  A court determined that this “qualified as discrimination”, handing down a verdict ordering one establishment to pay compensation.  However, non-Japanese making a life in Japan still to this day face various forms of discrimination (see illustration).  “Japanese Only” signs have still not disappeared, and some establishments charge non-Japanese entry fees many times higher than Japanese customers.  

 

“If you’re worried about people’s manners, then make the rules clear, and kick out people who don’t follow them,” is the advice offered to these businesses by Arudou Debito, a native of the United States with Japanese citizenship and an associate professor at Hokkaido Information University. He was also a plaintiff in a lawsuit against an exclusionary bathhouse.  “These days, when Japan needs labor from overseas, properly protecting foreigner rights sends an important message that people are welcome here.” 

What about other countries?  While there are punitive measures, there are also moves to encourage communication.

From July 2007, South Korea began enforcing the “Basic Act on Treatment of Foreigners Residing in Korea”.  It demands that national and local governments “strive towards measures to prevent irrational cases of discrimination,” proclaiming in Article 1:  “Foreigners will adapt to South Korean society in a way that will enable them to demonstrate their individual abilities.”  South Korea’s aging society is outpacing Japan’s, and international unions now account for over 10 percent of all marriages.  Forty percent of South Korean farmers and fishermen have welcomed brides from China, Southeast Asia, and other countries.  The acceptance of foreign laborers continues apace.  This law is the result of strong demands for improvements in the human rights of foreigners, who are propping up South Korean society and economy.

In Western countries, in addition to punitive laws against racial discrimination, there are very powerful organizations backing up foreigners’ rights, such as Britain’s Equality and Human Rights Commission, which has a staff of 500 people.  Public-sector residences doled out to white residents only; a child denied entry into a school “because he’s a Gypsy;” job promotions slow in coming — many of these types of cases and claims flow into the offices of the Commission, which carries out redress against discrimination by race, gender, and disability.

After investigating a bona fide case of discrimination, the Commission proposes all parties talk to each other.  If mediation fails, then the organization issues an order for parties to improve their behavior.  In the event of a lawsuit, the Commission provides legal funding and offers evidence in court.  In recent years, as more people have emigrated from Eastern Europe, as well as from Africa and Asia, it has become harder to argue that discrimination is simply between “Whites” and “non-Whites”.  According to [Patrick] Diamond, head of a government policy and strategy division within the Commission, “There are new duties concerning the prevention of antagonisms between ethnicities within communities.”

It is not only a matter of cracking down on discrimination after the fact, but also how to prevent it happening in the first place.  France has begun trying out a procedure where application forms for public housing, as well as resumes for employment, are made anonymous; this way, people do not know by an applicant’s name if the latter is from an ethnic minority or a foreign country.  In England, local governments are supporting events where immigrants and long-term residents cook each other food.  By methods including trial and error, they are breaking down deeply-held insecurities (kokoro no kabe), creating “a leading country of immigration” (imin senshinkoku).

Creating anti-discrimination laws in Japan — the debate stalls

Saitama Prefecture, 2007:  A non-Japanese couple in their seventies had just begun renting an upscale apartment, only to find the day before moving that they would be turned away.  The management association of the apartment found that bylaws forbade rental or transfer of their apartments to foreigners.  The couple’s oldest daughter called this a violation of human rights and appealed to the local Ministry of Justice, Bureau of Human Rights.  The Bureau issued a warning to the association that this was “discriminatory treatment, conspicuously violating the freedom to choose one’s residence”.  However, the association refused to revise its decision, and the couple had to look elsewhere.  

Nationwide, the Bureau of Human Rights took on 21,600 cases of rights violations in 2007, including cases of violence or abuse towards women or the elderly, invasions of privacy and bullying.  But there were also 126 cases of discrimination towards foreigners, a figure that is increasing year on year, with numerous cases involving refusals of service by renters, public baths, and hotels.  However, even in cases determined to involve discrimination, the Bureau only has the power to issue “explanations” (setsuji) or “warnings”, not redress measures.  Many are deterred by lawsuits and the enormous investment of time, emotional energy, and money they demand.  In the end, many people just put up with it.

Japan still has no fundamental law protecting the livelihood or rights of non-Japanese.  A bill for the protection of rights for handicapped and women, which also covers discrimination by race and ethnicity, was defeated in 2003.  Debate is continuing within the government and ruling party on whether to resubmit it.  Still, a “Human Rights Committee”, entrusted with the duties of hearing and investigating violations of human rights, has engendered great criticism from conservatives on the issue of appointing foreigners as committee members.  The government eventually did a volte-face, saying that “only residents who have the right to vote for people in the local assemblies” are allowed, thus limiting appointments to Japanese.

In other countries, where organizations protect foreigners from discrimination, there is almost no example of foreigners being shut out like this.  Even people within the ruling Liberal Democratic Party have been critical:  “The very organizations that are supposed to help foreigners in all manner of difficulties, such as language barriers, are in fact putting up barriers of their own.  Their priorities are truly skewed” (honmatsu tentou).

===========================
This article first appeared in The Asahi Shimbun morning edition, October 5, 2008 in the ashita o kangaeru (With Tomorrow in Mind) column. The original text of the article is archived here. Posted at Japan Focus on October 25, 2008.

ARUDOU Debito is an Associate Professor at Hokkaido Information University. A human rights activist, he is the author of Japaniizu Onrii–Otaru Onsen Nyuuyoku Kyohi Mondai to Jinshu Sabetsu and its English version, “JAPANESE ONLY”–The Otaru Hot Springs Case and Racial Discrimination in Japan (Akashi Shoten Inc) and coauthor of a bilingual Guidebook for Immigrants in Japan. 

With thanks to Miki Kaoru for technical assistance in rendering the cartoon in English.

Govt websites don’t include NJ residents in their tallies of “local population”

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog.  Mark in Yayoi pointed out a singular thing to me the other night — that the Tokyo Nerima-ku website lists its population and households in various municipal subsections.  Then puts at the top that “foreigners are not included”.  

Screen capture (click on image to go to website) from:

http://www.city.nerima.tokyo.jp/shiryo/jinko/data/area/200810.html

etc. We already saw in yesterday’s blog entry that NJ workers are not included in official unemployment statistics.  Now NJ taxpayers are also not included as part of the “general population”?

So I did a google search using the words “人口 総数には、外国人登録数を含んでいません” and found that other government websites do the same thing!  It is, in fact, SOP.

http://www.google.com/search?client=safari&rls=en&q=人口 総数には、外国人登録数を含んでいません。&ie=UTF-8&oe=UTF-8

The Nerima-ku page, BTW, does not even mention anywhere on the page I captured above that foreigners even exist in Nerima-ku — you have to go to a separate page, a separate enclave, for the gaijin.

Pedants (meaning the GOJ) will no doubt claim (as is worded at the top) that “we’re only counting registered residents, and NJ aren’t registered residents, therefore we can’t count them“.  But that doesn’t make it a good thing to do, especially when you’re using the context of “人口総数” (total population).  What a nasty thing anyway to do to people who pay your taxes and live there!  It also becomes a tad harder to complain about “Japanese Only” signs on businesses when even the GOJ also excludes foreigners from official statistics.

And it’s also harder to believe the GOJ’s claim to the UN that it has taken “every conceivable measure to fight against racial discrimination”.  How about measures like counting (not to mention officially registering) foreigners as taxpayers and members of the population?  

(I bet if any measure actually does get taken in response to this blog entry, the only “conceivable” one to the bureaucrats will be to change the terminology, using the word “juumin” instead of “jinkou sousuu”.  Solve the problem by futzing with the rubric, not changing the law.  Beyond conception.)

Arudou Debito in Sapporo

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

UPDATE:  And of course, don’t forget this, from Debito.org too…

Population rises 1st time in 3 years The Yomiuri Shimbun, Aug 1, 2008 http://www.yomiuri.co.jp/dy/national/20080801TDY01306.htm

The nation’s population grew for the first time in three years to 127,066,178 in the year to March 31, up 12,707 from a year earlier, the Internal Affairs and Communications Ministry said Thursday.

The figure was based on resident registrations at municipal government offices and does not include foreign residents…

https://www.debito.org/?p=1860

AP: Economic downturn already resulting in NJ layoffs in Japan, but NJ not counted in unemployment figures

mytest

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

Hi Blog.  From financial market crash to job market layoffs: That was quick.  First to get canned it seems are the foreign workers who helped make Japanese industry labor costs competitive…  

The real surprise here, as it says below, the GOJ doesn’t even bother to track numbers of unemployed foreigners!  Again, I guess foreigners don’t count, even as part of the labor force, unless they need policing (as in making sure their visas are legal and they aren’t stealing bicycles).  How lopsided and ungrateful.

And political — the unemployment rate is a very political thing in Japan, as it likes to boast worldwide how (artificially) low unemployment is.  I guess it’s clear now that bringing in NJ labor has an extra benefit — not only are they preternaturally cheap, you don’t count them if they lose their jobs!  Debito in Sapporo

====================================
Foreigners laid off in Japanese downturn
By JOSEPH COLEMAN Associated Press Writer 
Daily Yomiuri Oct 22, 9:28 PM EDT

http://hosted.ap.org/dynamic/stories/A/AS_JAPAN_FIRING_FOREIGNERS_ASOL-?SITE=YOMIURI&SECTION=HOSTED_ASIA&TEMPLATE=ap_national.html

also http://money.cnn.com/news/newsfeeds/articles/apwire/543e7d82f9448bab9a53eb70fbf09132.htm
Courtesy Shrikant Atre and Mark W.

AP Photo
AP Photo/Shizuo Kambayashi

HAMAMATSU, Japan (AP) — Brazilian Stenio Sameshima came to Japan last year with plans to make a bundle of money at the country’s humming auto factories. Instead, he’s spending a lot of time in line at employment agencies.

The 28-year-old is one of hundreds, perhaps thousands, of foreigners who are among the first laborers in Japan to lose their jobs as the global financial crisis eats into demand for cars, trucks and motorcycles, government officials say.

The layoffs are also the first evidence that the mushrooming economic crisis in the United States and elsewhere is shaking the Japanese labor market, presaging further trouble if the downturn persists or deepens.

This week Sameshima, trained as a science teacher in Brazil, sat for hours waiting to apply for a new job at a government-run job center in the central city of Hamamatsu – and he said he’d take anything with a paycheck.

“Because of the crisis, you have to accept whatever there is,” Sameshima, a descendant of Japanese who emigrated to Brazil decades ago, said as he perused an announcement of a job making boxed lunches sold in convenience stores.

The government does not track the number of jobless foreigners, but local officials, workers and employment agencies tell of hundreds of workers like Sameshima let go by companies linked to topflight producers – Toyota, Honda, Yamaha.

The Labor and Health Ministry said the numbers of foreigners showing up at government-run job centers in affected regions have doubled to some 1,500 a month as of August, while Japanese jobseekers have remained constant. And those centers handle only a small fraction of the foreign work force, officials say.

“The ethnic Japanese from abroad have been particularly hit hard,” said Tatsuhiro Ishikawa, a ministry official in charge of foreign labor. “They’re often the first ones to be fired just because they’re foreigners.”

At the core of the trend are hard times for the Japanese car industry.

No. 1 producer Toyota Motor Corp. has seen its stock slide amid reports the automaker won’t meet its global sales target. Nissan, Japan’s third-largest automaker, announced Tuesday it was cutting domestic production.

“The number of cars being produced is decreasing, so there’s nothing for the foreigners to make,” said Masahiro Morishita, who works FujiArte, an employment agency that hires foreigners in Hamamatsu.

The layoffs are hitting a particularly vulnerable population.

Japan has begun attracting large numbers of foreign workers only in the past 15 years to meet a labor shortage as the country ages. The increase has been rapid, more than doubling from 370,000 foreigners working legally in Japan in 1996 to 755,000 in 2006.

Yet, working conditions are precarious. Foreigners are often hired through temporary employment agencies, so they can be easily fired. They live in company housing, so they lose their apartments when they lose their jobs. There hasn’t been a marked increase in homelessness, but anecdotes of foreigners having to move in with friends or relatives abound.

The outsiders also face language difficulties.

“In order to get new jobs, they need to speak Japanese,” said Alice Miho Miike at the Hamamatsu Foundation for International Communication and Exchanges. “But even Brazilians who speak, read and write Japanese are losing their jobs now.”

Hamamatsu, 200 kilometers (125 miles) southwest of Tokyo, is home to more than 33,500 foreigners. More than half of them – about 19,000 – are Brazilians, many with special permission to work here because of their Japanese ancestry.

The waiting area at the government-run Hello Work job center in Hamamatsu was abuzz Tuesday with tales of joblessness and uncertainty.

Sameshima, for example, was dismissed at the end of September after working only six months at an auto-parts manufacturer outside the central city of Nagoya.

“I came to Japan to get a steady, secure job,” said Sameshima, who came from the Brazilian state of Minas Gerais in early 2007. “But there was a drop in production at the factory, because Toyota is the principal purchaser.”

Then he came to Hamamatsu to work at another plant – only to again lose his job after only two weeks.

The chief of the foreign worker section at Hello Work Hamamatsu, Akihiko Sugiyama, came up with two job possibilities for Sameshima – at between 20 percent to 40 percent below the 1,500-yen ($15) hourly wage he was making before.

Some foreign laborers have abandoned Japan amid the troubles, especially those from Brazil, where the currency is plummeting and workers with savings in Japanese yen see an opportunity to cash in.

Sameshima, for instance, plans to go home at the end of next year in hopes of taking a special exam that would allow him to teach science in public high schools.

Others are holding out for better times.

Daniele Tokuti, 24, came from Brazil three years ago with her husband, an ethnic Japanese. She was fired last week along with 40 other foreigners at a Yamaha factory.

But Tokuti, now six months pregnant, said she still had hopes to achieving her dream of building a significant nest egg in Japan.

“Now in Brazil, things aren’t bad,” she said. “But in Japan, I think if we can get past this crisis, and things will be even better here.”

Associated Press writer Mari Yamaguchi in Tokyo contributed to this report.

Linguapax Speech on Media Propaganda Sun, Oct 26, Tokyo U Komaba Campus

mytest

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

Hi Blog.  I’m on the road for the next couple of days (in Tokyo), so let me be brief today:  

I have a speech at this year’s Linguapax Asia Symposium at Tokyo University, Komaba Campus this weekend, entitled: 

PROPADANDA IN J MEDIA
Manufacturing consent for national goals at the expense of NJ residents

By ARUDOU Debito
Associate Professor, Hokkaido Information University
Linguapax Asia 2008 Fifth International Symposium
Tokyo University, Sunday, October 26, 2008

Download my Powerpoint Presentation at
https://www.debito.org/arudoudebito_linguapaxasia2008.ppt

My thesis:
“To manufacture consent around certain national goals, Japan’s media sometimes blurs the line between rumor, opinion, and substantiated fact. This ‘others’ those not always considered to be ‘part of Japan’: Non-Japanese residents.”

Just letting you know.  Attend if you like!

Information on how to get there at http://www.linguapax-asia.org/

Arudou Debito in transit

Excerpts and critique of the Japanese Govt’s “Third, Fourth, Fifth, and Sixth Combined Periodic Report” to UN HRC

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. I last reported on this issue in a blog entry last August 30, when the Japan Times covered it.  Sorry to have taken so long to get around to digging deeper.

Long-time readers may find the following entry guffaw-worthy, from it’s very title: “The third, fourth, fifth and sixth combined periodic report” to the United Nations Human Rights Council” [Japanese pdf, English pdf] — indicating just how late the GOJ is filing a report, on what it’s doing towards the promotion of human rights in Japan, that is actually due every two years.

Then get a load of the bunkum the GOJ reports with a straight face. More on the rather antigonistic relationship the GOJ has with the UN here. To me, it’s indicative — when you have a government “seeking input from human rights groups”, but not really (when they allowed right-wingers to shout down a meeting last year), you aren’t going to get a report that reflects what’s going on amongst the shomin.

Finally, just a point of logic: If the GOJ had taken “every conceivable measure to fight against racial discrimination”, as it claims below, that would naturally include a law against it, wouldn’t it?  Like South Korea did in 2007.  But no. And look what happens as a result. Arudou Debito in Sapporo

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

EXCERPTS FOLLOW FROM THE THIRD, FOURTH, FIFTH, AND SIXTH COMBINED PERIODIC REPORT TO THE UNITED NATIONS HUMAN RIGHTS COUNCIL ON HOW WHAT IT’S DOING TO PROMOTE HUMAN RIGHTS IN JAPAN:  Commentary and links follow paragraphs with spurious claims.

Full text here:  [Japanese pdfEnglish pdf]

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

International Convention on Elimination of Racial Discrimination

(Third, Fourth, Fifth, and Sixth Combined Periodic Report)

MARCH 2008  Submitted by the Government of Japan

I. Introduction

1. Based on the provisions of Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter referred to as the “Convention on the Elimination of Racial Discrimination”), the Government of Japan hereby submits its Third, Fourth, Fifth and Sixth Combined Periodic Report on the Convention on the Elimination of Racial Discrimination. This is the updated version of the Initial and Second Periodic Report (CERD/C350/Add. 2) submitted in January 2000. This report also describes the measures that the Government of Japan has taken to eliminate racial discrimination from the time when the Initial and Second Periodic Report was submitted to March 2008.

2. Japan has taken every conceivable measure to fight against racial discrimination. The Constitution of Japan, the supreme law of Japan, guarantees equality under the law without any form of discrimination, as is evidenced by the provision laid down in Paragraph 1 of Article 14 that ‘all of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin’. Based on this principle of the Constitution, Japan has striven to realize a society without any form of racial or ethnic discrimination, and will continue to make efforts to achieve a society in which each person is treated without any discrimination and respected as an individual and can fully develop his or her own personality….

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

COMMENT:  Just suck on the opening admissions.  Six years overdue on a report due in 2002, updating one that was already two years overdue to begin with.  And does “taking every conceivable measure” include an anti-discrimination law?  South Korea passed one in 2007.  For Japan, the answer is no, the GOJ once again will not pass a law, for justifications we shall see below.

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

17. The ‘Ninth Basic Plan of Employment Measures’ was adopted by the Cabinet in August 1999. The plan espouses the following principle regarding the acceptance of foreign workers: “From the perspective of further promoting the rejuvenation and internationalization of the Japanese economy and society, the acceptance of foreign workers in professional and technical fields should be more actively promoted. On the other hand, with respect to the matter of accepting workers for so-called unskilled labor, there is a concern that the Japanese economy and society as well as people’s livelihood may be adversely affected by such an action. For example, problems may break out in the domestic labor market as a result of accepting unskilled workers. At the same time, accepting unskilled foreign workers may also adversely affect themselves as well as their countries of origin. For these reasons, the idea of accepting unskilled workers requires careful consideration, while taking into account of a consensus among the Japanese people”.

COMMENT:  Gotta love the logic.  Migration hurts Japan (even though the GOJ has a had a visa regime for nearly 20 years, bringing in unskilled labor with a backdoor system and doubling the registered NJ population, at the very behest of the Keidanren business lobby to prevent the “hollowing out” (kuudouka) of Japanese industry with a labor shortage)?.  It’s what factories wanted.  Now we’re claiming it hurts us, and might even hurt workers and their home countries!  Please don’t make such policy that hurts everyone, including yourself, GOJ.

And to finish up, we’ll appeal to a phantom “Japanese public consensus”.  Have your cake and eat it too.  Just don’t give Trainee Visa workers any Japanese labor law rights protections and the cake has icing.  Who’s hurting whom?

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

20. The Basic Plan for Promotion of Human Rights Education and Encouragement (See Part VII (Article 7) of this Report) takes up the problems concerning the human rights of foreigners as one of the human rights issues to be addressed. The human rights organs of the Ministry of Justice expands and strengthens their promotion activities to disseminate and enhance the idea of respect for human rights with the view to fostering a human rights awareness as appropriate for the age of globalisation by eliminating prejudice and discrimination against foreigners, holding an attitude of tolerance towards and respect for diverse cultures, religions, lifestyles and customs that people of different origins practice.

COMMENT:  The Bureau of Human Rights (Jinken Yougobu) organ of the Ministry of Justice is a pretty much useless organization, with no sanction or enforcement powers.  It exists merely to be wheeled out at opportune times like this for window dressing.

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

24. Japanese public schools at the compulsory education level guarantee foreign nationals the opportunity to receive education if they wish to attend such school by accepting them without charge, just as they do with Japanese school children.

COMMENT:  Oh?  In fact, compulsory education only applies to citizens, under the Kyouiku Kihon Hou.  And there are cases of students being refused entry to schools.  “We have no facilities” (setsubi ga nai), is the reported excuse.

The GOJ is, in a word, lying.

In addition, a school subject called “sogo-gakushu” (general learning), which primarily aims at developing children’s learning ability beyond the borders of conventional subjects, allows conversational foreign language classes and opportunities to study traditional cultures, to be provided as part of the education for cultivating international understanding. In the case of children of foreign nationalities, they can even receive education in their native tongues (minority languages) and learn about their native cultures, according to local circumstances and situation of school children such as the number of children of a particular nationality and their command of Japanese.

COMMENT:  Gosh, I’d like to know where those schools are and how widespread this subject is. I’ve never even heard of it.  Instead, we hear of 20-40% of all Brazilian children are not attending school at all because they find it so hard to fit in. I smell Potemkin system.

Furthermore, when these foreign children enter school, maximum attention is given to ensure that they can receive, without undue difficulty, the education in Japanese normally taught to Japanese children. Toward this end, they are provided with, among other things, guidance in learning Japanese and are supported by their regular teachers as well as by others who can speak their native language….

COMMENT:  See above two comments.  Again, “setsubi ga nai”…  And little to no support for ethnic schools in Japan, either. “Maximum attention”??  Hogwash!

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

55. Regarding the treatment of foreign children in Japan in relation to their education in public schools at the compulsory education level (elementary schools and lower secondary schools) and upper secondary schools in Japan, see Paragraphs 138 to 140 of the Initial and Second Periodic Report.

Those foreigners who wish to attend public schools for compulsory education may do so free of class fee , including the free supply of textbooks and school expense subsidies, thus guaranteeing the same educational opportunities as for Japanese citizens. In addition, Japanese language teachers are dispatched to schools, providing parents with a guidebook on schooling, and conducting meetings with experts on policies to enhance education for foreigners.

Also, in order for foreigners to become accustomed to the living environment in Japan and to be able to receive the same residential services as members of Japanese society, a Program to Accelerate Foreigners’ Adaptation to the Life Environment in Japan was formed in 2007.

This program covers the establishment of language classes for foreigners of Japanese descent, teacher training for foreigners who speak Japanese, consultations with the governments of the children’s country of origin, as well as model programs to support the school enrollment of foreign children and to set up a Japanese language instruction system.

Some schools for foreigners, such as international schools, are approved as miscellaneous schools by prefectural governors, and their independence is respected.

COMMENT:  Just saying they can attend doesn’t mean they can under the same circumstances, see comments in previous section, particularly the question regarding the programs’ widespreadness.  As for that 2007 program, this is a local-level initiative, not a national one, something demanded by the Hamamatsu and Yokkaichi Sengens for nearly a decade now (and duly ignored by the national govt; how nice of them to claim it as their own).

Finally, “their independence is respected” is another way of saying, “They’re on their own.  We don’t even officially recognize them as schools, and we won’t fund them with public money” like “real Japanese schools”. Students (often from low-income families, such as Brazilian workers) don’t even qualify for student discounts for bus passes!

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

25. Most of the Korean residents who do not wish to be educated in Japanese schools attend North/South Korean schools established in Japan. Most of these schools have been approved by prefectural governors as ‘miscellaneous schools’.

COMMENT:  And again, they don’t get Ministry of Education funding, meaning they pay a heck of a lot more in tuition etc. just for the privilege.  Miscellaneous means separate but unequal.

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

28… Data on the refugee recognition administration from 1982 to the end of December 2007 are as follows:

Applications accepted 5,698
Results Approved 451
Denied 3,608
Withdrawn and others 584

COMMENT:  This is a pretty shameful ratio, don’t you think?  Look at the timeline — a total of 451 people granted refugee status over 25 years!  More than 90% of a pretty negligible number to begin with rejected or withdrawn.  As I wrote for the Japan Times last December:

“Japan even refuses to fulfill simple obligations as a developed nation–not only because it won’t pass a law against racial discrimination.  It won’t even take people who would come here no matter how poorly they’re treated.  Despite being the third-largest donor to the United Nations High Commission for Refugees, Japan accepted only 34 asylum-seekers in 2006 (compared to 23,296 in the US and 6,330 in Britain that year), and a total of only 1,975 since it signed the Refugee Convention back in 1951!  Take our money, keep your aliens.”

https://www.debito.org/japantimes121807.html

The things you can say with a straight face…

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

34… The Human Rights Protection Bill, which was repealed in October 2003 and is under further elaboration by the Ministry of Justice, expressly prohibits any unfair treatment or discriminatory acts based on race, ethnicity and other criteria. It provides that the independent human rights committee take redress measures in a simple, quick and flexible manner against these human rights abuses, thereby creating a human rights redress system that is more effective than the existing system.

COMMENT:  This is “Vaporware“, or “unrealized gains”.  You’re talking about the good a law does even though it doesn’t even exist — in fact, was repealed?  What a sorry excuse of a spin.

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

35. Given that the police becomes deeply involved in human rights issues when it performs its duties such as investigating crimes, the ‘Rules Governing Police Officer’s Ethics and Service’ (National Public Safety Commission Rule No. 1 of 2000) prescribe ‘Fundamentals of Service Ethics’, which rests upon respect for human rights as one of its pillars. The Government also proactively implements human rights education for police since it considers education on service ethics as the top priority among the various themes covered by the education of police officers.

Newly hired police officers and those who are about to be promoted are educated at police academies with regard to human rights through classes of jurisprudence including the Constitution and the Code of Criminal Procedure and service ethics.

Police officers who are engaged in crime investigations, detainment operations, and assistance for victims are thoroughly educated to acquire the knowledge and skills necessary to ensure appropriate execution of duties that takes into consideration the human rights of suspects, detainees, crime victims, and others. Such education is offered using every possible occasion such as police academy classes and training sessions provided at police headquarters and police stations.

COMMENT:  Given police’s rights of search, seizure, lack of habeas corpus, and official policy targeting of NJ as potential criminal suspects, terrorists, and carriers of contagious diseases, it’s hard to argue this human rights training is having much effect.

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

37. Regarding the reservations made by Japan on Paragraphs (a) and (b) of Article 4 of the Convention on the Elimination of All Forms of Racial Discrimination, see Paragraphs 72-74 of the Initial and Second Periodic Report.

38. The concept laid down in Article 4 may cover an extremely wide range of acts carried out in various situations and in various manners. Restricting all these acts with punitive laws that go beyond the existing legal system in Japan may conflict with what the Constitution guarantees, including the freedom of expression that strictly demands the necessity and rationale for its restrictions, and with the principle of legality of crime and punishment that requires concreteness and clarity in determining the punishable acts and penalties. It is on the basis of this judgment that the Japanese Government made its reservations about Article 4 (a) and (b) of the Convention.

In addition, the Government of Japan does not believe that in present-day Japan racist thoughts are disseminated and racial discrimination are fanned to the extent that would warrant consideration of enactment of laws to administer punishment by retracting the above reservation even at the risk of unduly stifling legitimate speech.

COMMENT:  So once again, for the second decade now, we have Japan saying that we’ll sign the CERD but we won’t enforce it through any anti-discrimination laws.  We don’t need laws (after all, we don’t have racist thoughts being disseminated — never mind GAIJIN HANZAI Magazine — or racial discrimination being fanned) — actually, those laws may even be unconstitutional!  The UN does not agree, as they GOJ says immediately following:

Japan was advised to retract the reservation it made about Article 4 (a) and (b) in the concluding observations of the Committee on the Elimination of Racial Discrimination in consideration of the Initial and Second Periodic Report. However, for the reasons given above, Japan does not intend to retract the said reservation.

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

Right to utilize Places or Services Intended for Use by the General Public

56. In terms of equal treatment in using the services at hotels, restaurants, cafes, and theaters, the Law Concerning Proper Management and Promotion of Businesses related to Environment and Hygiene provides that measures should be taken to safeguard the benefit for users and consumers at such services. For instance, Centers for Environment and Sanitation Management Guidance ensure proper response to complaints from the consumers.

COMMENT:  Sure.  How many of these places fall under these laws have JAPANESE ONLY signs and policies up and in practice?  Those measures are supposed to work, no?  They didn’t in the Otaru Onsens Case, when we were told by the Hokensho and other administrative bodies that laws only covered sanitation and environment, not racial discrimination.

This is another GOJ lie.

In particular, the Hotel Business Law prohibits hotels from refusing a customer merely on the basis of race or ethnicity. Likewise, the Regulations for the Enforcement of the Law for Improvement of International Tourist Hotel Facilities prohibit discriminatory treatment according to the nationality of guests, such as charging different rates depending on guests’ nationality for services such as accommodation and meals provided by registered inns and hotels.

COMMENT:  And this is why we have hotels with JAPANESE ONLY signs up, and why even local government tourist boards (such as Fukushima Prefecture) provides online advertising to hotels that refuse foreigners?  Having it on the books does not mean it gets enforced.

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

40. With regard to ‘acts of violence … against any race or group of persons of another colour or ethnic origin’, Japan’s position remains unchanged from the last report. Meanwhile, the amendment of the Penal Code in 2004 established the crime of gang rape as an act of violence (Article 178-2), and increased the severity of the punishment for a number of crimes, including that of homicide (Article 199), bodily injury (Article 204), and robbery (Article 236).

COMMENT:  Read the above carefully.  The GOJ is asked about racially-motivated violence, and it answers saying that punishments have been made more severe.  But not pertaining to racially-motivated violence.  Because there is no specific law banning racially-motivated violence in Japan.  The UN is asking a pineapple question and getting a banana answer.

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

42…In particular, the ‘Guidelines for Defamation and Privacy’, which were adopted by the Telecommunications Carriers Association as a code of conduct for Internet service providers (ISPs) and similar businesses, at the same time of the enforcement of the Provider Liability Limitation Law, were revised in October 2004. The revision introduced a procedure for fighting serious human rights abuse cases, in which the human rights organs of the Ministry of Justice are authorized to request ISPs to delete information that infringes on the rights of others. The Ministry of Internal Affairs and Communications has supported efforts to widely disseminate awareness of these guidelines.

Furthermore, since August 2005, the Government has convened the ‘Study Group on Actions against Illegal and Harmful Information on the Internet’ comprised of academics and members of industry associations to examine the voluntary measures taken by ISPs against illegal and harmful information on the Internet and to discuss effective ways to support those measures.

COMMENT:  Thanks for discussing.  But that’s just more Vaporware.  Meanwhile, online libel still continues apace, and offenders are not being prosecuted for ignoring court orders because contempt of court in Japan is too weak to convert civil court cases into criminal offenses.

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

66. Below are examples of civil cases which are recognized as ‘racial discrimination’ cases.

(a) Sapporo District Court Decision on November 11, 2002

A community bathhouse proprietor refused to allow foreign nationals or naturalized citizens to bathe in his bathhouse because they were “foreigners”. The proprietor’s act was judged as constituting an illegal act of racial discrimination that violated Paragraph 1, Article 14 of the Constitution of Japan, Article 26 of the International Covenant on Civil and Political Rights, and the spirit of the International Convention on the Elimination of All Forms of Racial Discrimination. Recognizing the tort liability of the defendant, the court granted the plaintiffs right to claim compensation for damages from mental suffering etc.

COMMENT:  Nice way to tell half the story (our story, the Otaru Onsens Case) to your apparent advantage.  For one thing, the court did NOT rule that racial discrimination was the illegal activity; “discriminating too much” was, so that’s a lie.

Also not told is that the local government of Otaru was also sued for violating the UN CERD and let off the hook:  The Supreme Court of Japan did not consider this adjudged case of racial discrimination (Sapporo District and High Courts, and this GOJ report) “a Constitutional issue”.  And the case took four years plus to wend its way through court (2001-2005), hardly an effective means of eliminating racial discrimination that isn’t illegal anyway.

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

71. During the course of 2007, there were 21,506 human rights infringement cases for which remedy procedures were commenced, 115 of which were cases where foreigners were unfairly discriminated against because they were foreigners.

Below are two typical cases of discrimination against foreigners based on race and ethnicity that human rights organs disposed of in 2007.

(a) A rental apartment agent refused to act as an agent for two visitors solely because they looked like foreigners. The human rights organ of the Ministry of Justice investigated and concluded that the agent did not have any reasonable grounds for the refusal and gave a warning to the agent. (The result of the disposition was ‘warning’.)

(b) A food products company canceled the informal dicision [sic] to employ a job applicant solely because he is a Korean resident in Japan. The human rights organ of the Ministry of Justice investigated and concluded that the company did not have any reasonable grounds for the cancellation and gave a warning to the president of the company. (The result of the disposition was ‘warning’.)

COMMENT:  Yes, warnings.  No suspension of business licenses.  No arrests.  Nothing else that would actually stop racial discrimination effectively.  So much for the claims above that the Human Rights organs within the Ministry of Justice mean anything.

It’s not worth the time and energy to take these issues up, for many people — think cosmetic and milquetoast measures from the GOJ if not years in court.  No wonder there were so few cases actually filed in 2007 for NJ discrimination.  What difference would it make?  Dig through the report, and you’ll find self-evident weaknesses and contradictory claims throughout.

ENDS

Fukushima Prefectural Tourist Information Association lists “No Foreigner” hotels on their official website, 2007

mytest

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

Hi Blog.  As a matter of record, here is a notification I received from a reader last year regarding the Tourist Information Fukushima website, an official prefectural government site, which offered information about sights and stays in the area.  They allowed — even publicized — hotels that expressly refused accommodation to NJ guests (I called a few of them to confirm, and yes, they don’t want NJ guests due to the owner’s own classic fears — language barriers, no Western beds, a fear that NJ might steal, or noncommunication in case of emergency or trouble).  As the emails I received from TIF later on indicate (it took them some time to get back to me), they have since instructed the hotels that what they are doing is in violation of hotel laws, and have corrected the TIF website to remove the option of refusing foreigners.  

Thanks, I guess.  Now why a government agency felt like offering hotels an exclusionary option in the first place is a bit stupefying.  

Given October 2008’s GOJ hotel survey indicating that 27% of respondents didn’t want NJ staying on their premises, this may be but the tip of the iceberg.  Arudou Debito in Sapporo

=====================================
From: TH
Subject: Fukushima – discriminatory hotels
Date: September 12, 2007 7:36:54 PM JST
To: debito@debito.org

Hi Debito,

A friend told me about Fukushima Prefecture’s English tourism website, which bizarrely lists 142 hotels and categories for them including “Acceptance of foreigners” and “Admittance of foreigners.” I don’t understand the difference between the two categories, but many hotels have one or both of these categories checked. The accommodation website is 

http://www.tif.ne.jp/eng/subCategory.do?areaID=all&categoryID=4&subCategoryID=24

I looked at all 142 accommodations listed on the website. The 35 listed below bar foreigners in one or both of the above categories.

I think this kind of categorization is completely unacceptable, even for a rural area like Fukushima. 

I was also wondering whether you might be willing to look into this. I think you would be the best person given your tact and expertise. 

Please let me know what you think. 

Cheers,
Tim

Hotel & Ristorante Irregarro  
http://www.tif.ne.jp/eng/details.do?code=11&areaID=1&categoryID=4&subCategoryID=24

Hotel Tawaraya
http://www.tif.ne.jp/eng/details.do?code=124&areaID=3&categoryID=4&subCategoryID=24

Nihon Kanko Hotel
http://www.tif.ne.jp/eng/details.do?code=23&areaID=5&categoryID=4&subCategoryID=24

Hotel Iseya
http://www.tif.ne.jp/eng/details.do?code=30&areaID=5&categoryID=4&subCategoryID=24

Hotel Higenoie
http://www.tif.ne.jp/eng/details.do?code=31&areaID=5&categoryID=4&subCategoryID=24

Yamaneya
http://www.tif.ne.jp/eng/details.do?code=33&areaID=5&categoryID=4&subCategoryID=24

Hotel Tamagoyu, Inc.
http://www.tif.ne.jp/eng/details.do?code=37&areaID=5&categoryID=4&subCategoryID=24

Anahara Hot Spring Izumiya
http://www.tif.ne.jp/eng/details.do?code=43&areaID=5&categoryID=4&subCategoryID=24

Hotel Kajikaso
http://www.tif.ne.jp/eng/details.do?code=55&areaID=5&categoryID=4&subCategoryID=24

Oku-tsuchiyu Hot Spring, Hotel Kotaki
http://www.tif.ne.jp/eng/details.do?code=65&areaID=5&categoryID=4&subCategoryID=24

Guesthouse Tanno
http://www.tif.ne.jp/eng/details.do?code=118&areaID=5&categoryID=4&subCategoryID=24

Hotel Fukushima
http://www.tif.ne.jp/eng/details.do?code=119&areaID=5&categoryID=4&subCategoryID=24

Matsukawa Masuya Hotel
http://www.tif.ne.jp/eng/details.do?code=127&areaID=5&categoryID=4&subCategoryID=24

Hotel Shinobuso
http://www.tif.ne.jp/eng/details.do?code=128&areaID=5&categoryID=4&subCategoryID=24

Hotel Fukushima Green Palece
http://www.tif.ne.jp/eng/details.do?code=133&areaID=5&categoryID=4&subCategoryID=24

The Garden Hotel Shokeien
http://www.tif.ne.jp/eng/details.do?code=45&areaID=5&categoryID=4&subCategoryID=24

Koshi Highland Fujiya Hotel
http://www.tif.ne.jp/eng/details.do?code=84&areaID=7&categoryID=4&subCategoryID=24

Wafutei Morinoyu
http://www.tif.ne.jp/eng/details.do?code=90&areaID=9&categoryID=4&subCategoryID=24

Resort Hotel Yuzuru
http://www.tif.ne.jp/eng/details.do?code=123&areaID=9&categoryID=4&subCategoryID=24

Guesthouse Yamari
http://www.tif.ne.jp/eng/details.do?code=140&areaID=9&categoryID=4&subCategoryID=24

Hotel Minatoya
http://www.tif.ne.jp/eng/details.do?code=143&areaID=9&categoryID=4&subCategoryID=24

Hotel Fujiya
http://www.tif.ne.jp/eng/details.do?code=19&areaID=2&categoryID=4&subCategoryID=24

Business Hotel Denen
http://www.tif.ne.jp/eng/details.do?code=97&areaID=2&categoryID=4&subCategoryID=24

Business Hotel Orient
http://www.tif.ne.jp/eng/details.do?code=104&areaID=2&categoryID=4&subCategoryID=24

Hotel Nakanoyu
http://www.tif.ne.jp/eng/details.do?code=136&areaID=2&categoryID=4&subCategoryID=24

Hotel Oshima
http://www.tif.ne.jp/eng/details.do?code=17&areaID=4&categoryID=4&subCategoryID=24

Mizuho Hotel
http://www.tif.ne.jp/eng/details.do?code=20&areaID=6&categoryID=4&subCategoryID=24

Atamiso
http://www.tif.ne.jp/eng/details.do?code=64&areaID=6&categoryID=4&subCategoryID=24

Hotel Horai
http://www.tif.ne.jp/eng/details.do?code=102&areaID=6&categoryID=4&subCategoryID=24

Teneitou
http://www.tif.ne.jp/eng/details.do?code=141&areaID=6&categoryID=4&subCategoryID=24

Kagamiishi Daiichi Hotel Kagamiishikan
http://www.tif.ne.jp/eng/details.do?code=120&areaID=6&categoryID=4&subCategoryID=24

Toraya Shinkan
http://www.tif.ne.jp/eng/details.do?code=21&areaID=8&categoryID=4&subCategoryID=24

Hotel Kashiwa
http://www.tif.ne.jp/eng/details.do?code=69&areaID=8&categoryID=4&subCategoryID=24

Spa Hotel Sumirekan
http://www.tif.ne.jp/eng/details.do?code=87&areaID=8&categoryID=4&subCategoryID=24

Tamayama Hot Spring Fujiya Hotel
http://www.tif.ne.jp/eng/details.do?code=144&areaID=8&categoryID=4&subCategoryID=24

ENDS

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

From: Arudou Debito

Sent: Friday, September 14, 2007 10:17 AM
Subject: 有道 出人より転送します。Fukushima – discriminatory hotels
(社)福島県観光連盟の加藤さま、有道 出人(あるどう でびと)です。きょうのお電話のこと、誠にありがとうございました。

 さて、「外国人お断り」に見えるホテルの件につきまして、いただいたメールを転送します。どうぞお調べして外国人お断りであれば、取り止めるようにご注意下さい。旅館業法第5条違反です。


 そして、調べた結果を知らせていただけますか。

 お多忙のところで申し訳ございませんが、宜しくお願い致します。有道 出人

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

From:   rfs01@tif.ne.jp

Subject: Re: 有道 出人より転送します。Fukushima – discriminatory hotels

Date: September 14, 2007 10:32:07 AM JST

To:   debito@debito.org

Cc:   gasc@tif.ne.jp

あるどう でびと様 

メールありがとうございました。
 
現在調査中です。
おそらく、各旅館施設にホームページに掲載する時、項目の意味が
理解しないで、掲載しているところもあるように見受けられます。
 
状況がわかりましたら、再度ご連絡させていただきます。
 
この件については、ホームページ担当の齋藤が調査しております。
 
よろしくお願いします。
 =========================================

Subject: 調査状況について(中間報告)

Date: October 1, 2007 2:49:25 PM JST

To:   debito@debito.org

このたびは、外国人宿泊の件に関しましてご教示をいただきありがとうございます。

調査に関する現在の状況でございますが、各旅館・ホテルに対しまして、個別に電話で確認を

いたしております。その状況からは「あえて外国人を排除するようなことは行っていない。」との回答が多くなっております。

従いまして、ホームページに×となって掲載された経緯、「質問項目の内容」まで含めて現在確認作業を行っております。

今しばらくお時間をいただければ幸いです。取り急ぎご報告まで。

(福島県観光連盟 総務情報担当 齊藤)

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

From:   gasc@tif.ne.jp

Subject: 当ホームページにおける外国人宿泊可否表示について

Date: September 14, 2007 5:26:58 PM JST

To:   debito@debito.org

【有道出人様】
このたびは、当ホームページに関する「外国人宿泊可否」に関する表示に関しましてご指摘をいただき誠にありがとうございました。
当ホームページ作成にあたっての意図、回答いただいた各旅館・ホテルの意志等を早急に調査したいと考えております。ただ、
これには若干の時間をいただきたいと存じますので、本日、午後4時半、暫定的な措置といたしまして、データベースの該当する部分のレコードを非表示にする措置を
とらさせていただきました。取り急ぎご報告させていただきます。
調査の結果や今後の方針等につきましては、改めてご報告申し上げます。
よろしくお願いいたします。
==============================
ほんものの旅 オーダーメード うつくしま。
社団法人 福島県観光連盟
【総務・情報課長】 齊藤登
Ph 024-521-3812 fax024-521-3811
E-mail  gasc@tif.ne.jp
http://www.tif.ne.jp
東京上野「サテライトショップふくしま」OPEN
=============================

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

From: gasc@tif.ne.jp (福島県観光連盟 総務・情報課長 齊藤登)
Subject: 当ホームページにおける外国人宿泊可否表示に関する件(ご回答)
Date: October 22, 2007 7:35:30 PM JST
To: debito@debito.org

有道出人様

このたびは、福島県観光連盟英語ホームページの「STAY」「外国人受け入れ」に関する項目に関しご指摘をいただきましてありがとうございます。

項目において×になっている35の旅館・ホテルに対しまして直接電話により確認を行いましたが、その結果は次のとおりです。

● 外国人を拒否するようなことはまったくしていない。24軒

● 外国人を拒否してはいないが、英語ができる人がいないので、外国人を積極的には受け入れていない。8軒

● 廃業や連絡とれず 3軒

(計35軒)

この結果では、外国人を拒否するようなことはまったくしていない、24軒と大変項目が多くなっておりますが、これは、当方からの調査の際「外国人の受け入れ」という質問項目であったため、「今まで外国人を受け入れた経験がない(極めて少ない)」旅館・ホテルさんが勘違いし×と記入されたものと思われます。これは当方からの質問の仕方が中途半端な面があったと反省しております。また、「拒否はしていないが、積極的に受け入れてもいない。」とする旅館・ホテルが計8軒ございましたので、念のため当旅館・ホテルにつきましては、旅館業法第5条の趣旨を説明いたしましてご理解をいただきました。

以上のような状況と対応をいたしましたのでご報告させていただきますとともに、調査・表示にあたりまして、行き違いがございましたことにお詫びを申し上げます。

今後とも福島県の観光振興にご協力を賜りますようお願い申し上げます。

(福島県観光連盟 総務・情報課長 齊藤登)

ENDS

Asahi/CNN: GOJ survey report: 38% of J hotels had no NJ guests in 2007, and 72% of those (as in 27%) don’t want NJ guests

mytest

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

Hi Blog.  Here’s a breathtaking statistic.  Courtesy of several people this morning:

 

Japan: No room at inn for foreigners

http://edition.cnn.com/2008/WORLD/asiapcf/10/09/japan.inn.room.foreigners.ap/index.html

TOKYO (AP) — Japan’s Ministry of Internal Affairs says over 70 percent of Japanese inns and hotels that didn’t have foreign guests last year don’t want any in the future either.

The ministry says that a survey of such businesses showed they feel unable to support foreign languages and that their facilities are not suited to foreigners.

The survey released Thursday shows that over 60 percent of Japan’s inns and hotels had foreign guests last year, but the majority of the rest don’t want any.

It was released as Japan continues its efforts to attract more foreign visitors. The country’s “Visit Japan Campaign” aims to draw 10 million foreigners to the country for trips and business in the year 2010, up from 8.35 million last year. 

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

「外国人泊めたくない」ホテル・旅館3割 07年国調査

朝日新聞 2008年10月9日

 ホテルや旅館の少なくとも3割が「外国人旅行者を泊めたくない」と考えていることが、総務省が9日に公表した観光関連業者に対する意識調査でわかった。小規模な業者ほど「もてなし」に消極的で、総務省は「国が主導して受け入れやすい環境を整える必要がある」としている。

 06年時点で政府が把握している全国の旅館・ホテル1万6113業者すべてに調査票を送り、7068業者(44%)が回答した。「これだけ大規模な調査は初めて」(総務省行政評価局)という。

 07年に外国人旅行者の宿泊が全くなかった業者は38%。このうち72%が「宿泊してほしくない」と答えた。全体の27%にあたる。理由を複数回答で聞くと「外国語対応ができない」(76%)、「施設が外国人向きでない」(72%)、「問題が発生した時の対応に不安がある」(63%)の順に多かった。

 宿泊がなかった業者の割合を規模別に見ると、100室以上は6%、30〜99室は18%、30室未満は51%。規模が小さいほど多く、総務省は「地域振興の観点からも、地方に多い中小の業者の受け入れが進むことが望ましい」としている。

 1日に発足した観光庁は、07年に835万人だった外国人旅行者を、20年に2千万人とする目標を掲げている。

ENDS

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

COMMENT:  This is not news to me (although I am grateful to the GOJ for conducting this survey and making this information available to the public).  I’ve called a number of hotels (in places like Shinjuku, Wakkanai and Nagano) with “Japanese Only” rules and signs up and their most common excuse was, “we don’t speak any foreign languages” (they’ve also said “we don’t have Western beds” and “we can’t handle NJ problems if they come up”, precisely those listed in the Asahi article above).  I’ve even pointed out to these hotels and to the local police box (with a keitai snap of the sign and a copy of the laws they have to enforce) that this is in fact an illegal activity under the Ryokan Gyouhou (which is very specific under what conditions hotels can refuse clientele; being a foreigner is not one of them); in all cases I was told to get lost.  Even the police (in Ohkubo) couldn’t be bothered.

I even found a website last year put up by the Fukushima Prefectural Government Tourist Information Association which had several places stating (again, with government knowledge and sponsorship) that they explicitly did not want NJ to stay there.  That was taken down after I pointed out the laws to the tourist agency and they spent several weeks researching, but gee whiz, doesn’t the government even know their own laws?

As the CNN article points out, how can Japan get more tourists when (mathematically) a estimable 27% or all hotels surveyed in Japan (72% of 38%, according to the Asahi above) don’t want their money because they can’t be bothered to offer their services properly?  They are part of the sa-bisu gyoukai, aren’t they?

What to do?  It’s pretty simple, really.  Suspend their operating licenses until they shape up.  And sic the press on them.  Like the Kumamoto Pref Govt did the hotel that refused Hansen’s Disease (leprosy) ex-patients in 2004.

Arudou Debito in Sapporo

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

UPDATE:  The Manchester Guardian quoted me soon afterwards.  I’m not too comfortable with how my quotes came out, but here’s the article FYI.  Debito

=====================
Japanese hoteliers turn backs on foreign tourists
Justin McCurry in Tokyo, The Guardian (guardian.co.uk) 
Friday October 10 2008 14.57 BST
http://www.guardian.co.uk/world/2008/oct/10/japan-japan
WITH ADDENDA TO MY QUOTES (I’m not all that comfortable with how they came out)

Japan’s mission to boost the number of overseas visitors suffered a setback this week after hundreds of hoteliers and inn owners said they would turn away foreign guests.

Of the 7,068 hotels and inns that responded to a survey by the communications ministry, 62% had received at least one foreign guest last year, while 38%, or 2,655 establishments, had received none. Of that number, 72% said they would prefer their doors to remain closed to non-Japanese.

The results were published only days after Japan’s newly formed tourist agency said it planned to increase the number of foreign visitors to 10 million by the end of the decade, compared with 8.35 million last year. It then hopes to double the number to 20 million by 2020.

Many cited language problems, while others said they did not have the facilities for foreign guests, although what that actually meant wasn’t specified. Some said they would be unable to respond properly if any problems involving foreigners arose on their premises.

Smaller hotels and traditional inns, called ryokan, are most reluctant to court the international tourist yen.

In theory at least, the country’s thousands of ryokan, often located deep in the mountains or near the coast, are supposed to offer old-fashioned hospitality: faultless service, rooms with sliding paper screens and tatami-mat floors, communal hot spring baths and exquisitely presented local delicacies.

“The survey sheds light on a pretty dark part of Japan,” said Debito Arudou, an American-born naturalised Japanese citizen. [I’m grateful to the Japanese government for dealing with this kind of problem, usually kept quiet.]

Arudou, the author of a book on racial discrimination in his adopted country, called on local government to enforce anti-discrimination laws and revoke the business licenses of offending hotels and inns.

“They are supposed to be part of the service industry, but they’re not providing that service to foreigners.

[It’s a paradox.] “They claim they can’t provide foreign guests with a proper standard of service, so instead they deny it to them altogether. That’s arrogance on a grand scale.” [How can the hotel decide what the customer likes like this, and based upon their presupposition just say they’re not even going to try? In any case, it’s the law. They legally cannot refuse people just because they’re foreign.]

Officials from Visit Japan, a government-sponsored tourist drive launched in 2003, conceded there was little they could do to encourage reluctant hoteliers to change their ways.

“It is up to the individual hotels and inns to decide who they have as guests, but we would like them to realise that the influx of foreign visitors represents a huge business opportunity,” Daisuke Tonai, a spokesman for the Japan National Tourism Organisation, told the Guardian.

“Although we can’t force them to act, we certainly want hotels and inns to do more to make overseas visitors feel more welcome.”

Renewed efforts to woo overseas visitors got off to an inglorious start last month when Nariaki Nakayama, the transport minister, was forced to resign after saying that Japan was “ethnically homogeneous” and that the Japanese, in general, “do not like foreigners”.

His replacement, Kazuyoshi Kaneko, whose brief includes tourism, admitted that foreigners were unwelcome in some places.

“Some people might not like the idea of having foreign tourists very much,” he told the Japan Times. “Although it’s not our intention to change the people’s mindset, [the tourism agency’s] major task will be to attract a large number of foreign tourists.”

Though tourist numbers have risen significantly from 5.21 million five years ago, Japan has strict visa and immigration rules and has been criticised for its sometimes frosty attitude towards outsiders.

ENDS

Thoughts after seeing Li Ying’s movie “Yasukuni” at PGL

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. I had the opportunity to see Li Ying’s movie YASUKUNI at the Peace as a Global Language Conference yesterday. It’s a truly thought-provoking piece, and here are some of my thoughts:

In case you haven’t heard of it until now (when it came out some months ago, a number of theaters received angry and threatening phone calls demanding they cancel the screening; this only served to add publicity, and the screenings went ahead), YASUKUNI talks about Yasukuni Shrine in Kudankita, Chiyoda-ku, Tokyo, a place for recording, enshrining, and praying for Japan’s war dead. The movie focusses upon how it has become a focal point for both the left and the right regarding Japan’s wartime past. One question raised is should people, including Class-A war criminals and ancestors of people (including former citizens of empire) who don’t want their relatives listed there, be enshirined, as former PM Koizumi put it, in paraphrase, “to honor their memory of sacrifice and pray that war never happens again”? And should politicians, in their official capacity (PM Koizumi and Tokyo Gov Ishihara both appear in the movie), worship at this shrine, and not fall foul of issues of the separation of church and state?

But those issues are interwoven into the human drama that is allowed to unfold upon the screen subtly. The arc of the movie watches Yasukuni-sponsored samurai-style swords (the object of worship, as they contain the spirits under State Shinto) being forged by a ninety-year-old master, who spends a lot of the movie not really answering questions (due to age or to avoidance, the viewer must decide), but who shows plenty of spark when creating swords and talking about their use (he’s admittedly aware that they are designed, through tests, to cut through bone etc.). The documentary does not have pointed Michael-Moore-style narration — it is a constant juxtaposition of images and scenes, and thus effectively (and properly) avoids charges of propagandizing. In fact, most of the dialog is from people on site themselves, with cinema verite camerawork capturing their speeches, their styles, their thoughts, their attitudes, and a lot of jingoism.

But it is the scenes that linger in memory:

The scenes of a fiery indigenous Taiwanese woman who wants her relatives disenshrined, and the Buddhist priest (who acts as interpreter) who similarly lost his father in the war and wants the same. Their requests are denied; the war dead are for the State to keep and honor, as it was in the Emperor’s name that they died.

The scene of an attention-seeking American real estate agent from Nevada (I say attention-seeking because he mentions twice how much he wishes Bush would come to Yasukuni so he could meet him) who holds up a sign in Japanese saying he supports PM Koizumi’s visits, along with an American flag, outside the Torii gate. He is first received with thanks for the support, then increasingly angry questions about whether the American flag should be here, then furious demands that he remove himself from the grounds because he’s not a real worshipper. Finally the police intervene tell him to take the flag down, and then turf him outside the entire grounds. The arc of the discussion demonstrates how even supporters get alienated.

The scene that stands out most for me is the 60th anniversary of the end of the war speeches (where Tokyo Gov Ishihara mysteriously hijacks a quote from Napoleon regarding China, which talks about a sleeping lion, and pastes it onto Japan, calling for Japan to wake up and rise). When they play the Kimigayo national anthem, two protestors with posters run out in front and disrupt the proceedings. At first escorted off the public view, once they get hustled off to the sidelines they’re knocked to the ground and roughed up by a crowd (one rightist kid grabs a protester by the neck and puts him in a chokehold; I feared for his well-being). Then after some feeble attempts to break them up, they’re pushed out by a crowd that, thinking they’re Chinese (it comes out later that at least one of them is not), screams over and over that they should go back to China. By the time one of them, face badly bloodied, gets to the police (who intervene as effectively as referees in pro wrestling matches), the police try to bundle him off into an ambulance and then, after he refuses, force him into a police car. The police do not visibly try to find out who assaulted him; they first check whether or not he’s Japanese, then try to whisk him away from the scene. My read: The police were there to keep the peace, but were working in favor of those holding the party, trying to keep people from spoiling it.

My take-home lesson from this movie:

Even though there will be violence on both Right and Left (although there were no scenes of leftist-instigated violence in the movie), the non-violent peace protestors (imagine the hypocrisy hay that would be made if somebody filmed the peaceniks assaulting the Rightists!) put themselves at a disadvantage. In the sense that violence is not an option for the non-violent segment of the Left. It remains an option, as witnessed in this movie, for the Right. There’s the fundamental difference.  And unless you get enough people witnessing just how unfair a fight this is (one of the most fundamental elements for non-violent protest to work, as per King and Gandhi, is for everyone to *SEE* just how brutal one side is and become sympathetic towards the other), it’s just going to continue. I feel very lucky to have seen a movie which made me realize that, and recorded for all to see (what serendipitous camerawork!) just how mean and irrational the side that resorts to violence actually is.

In sum, go see YASUKUNI. It’s a job well done. Arudou Debito in Sapporo

Glimmers of hope: New PM Aso does not single out NJ as potential terrorists or agents of crime

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog. As everyone no doubt knows by now, we have a new PM, Aso Taro. And it was with great interest I watched his inaugural press conference last night (I thought he came off looking very presidential and organized).

But the good news as far as Debito.org is concerned is how he sketched his new administration’s goals and cabinet profiles. Full text here (Japanese).

I was pleased how he approached items such as “terrorism” and “crime”, often portrayed as something that NJ (within and without) get up to. That’s not how Aso portrayed it at all yesterday: Excerpts:

 防衛大臣、浜田靖一。もともと防衛関係はいろいろやってこられたこともありますが、テロの戦いというものは、世界中がテロと戦っているところでもありますので、我々としてはこのテロとの問題は、我々とは全然関係ないという話では全くないと思っております。少なくとも地下鉄サリン事件などなど、忘れられつつありますけれども、あれはテロであります。そういったことを考えますと、いろんな意味でこのテロとの戦いというのは大事なところだと思っておりますので、浜田先生にお願いをさせていただきました。

(my translation) “As for Minister of Defense, Hamada Yasukazu. People connected to our defense departments have done quite a bit fighting against terrorism already, as has the rest of the world, but I don’t think that we can say that we’re completely disconnected from this problem. We had the Sarin Subway Gas Attacks, etc, and although that seems to be slowly forgotten, that’s an act of terrorism. With that in mind, in many ways I consider fighting against terrorism important, and that’s why I chose Hamada-sensei.”

国家公安委員長・沖縄及び北方対策担当・防災担当大臣、佐藤勉。凶悪犯罪防止、日本というのはかなり少ない、先進国の中では少ないと言われますけれども、明らかに異常なものが起きてきていることも事実だと思いますので、そういった意味においては、国家公安委員長の責務は大きいと思いますし、同時に災害も台風の代わりに局地的な豪雨などなど、我々は今までとは違ったもので1時間に100ミリも140ミリも降るという前提で我々の防災ができ上がっているわけではありませんし、また沖縄の振興の問題も含めて担当していただかなければならぬところだと思っております。

(my translation) “Head of National Public Safety Commission, Okinawa, the Northern Territories Issues, and Disaster Prevention [too busy right now to find out official English translations of these offices] Satou Tsutomu. Regarding prevention of heinous crimes: It is said that amongst the developed countries Japan has a very low crime rate. But I believe it’s a fact that these are times where clearly unusual things happen, so in that regard the responsibilties of the head of the NPSC are heavy. Not to mention that at the same time we have natural disasters, if not typhoons, then heavy rains in many quarters etc… [digression about the weather and the importance of Okinawan issues]

There was one more mention of terrorism during the Q&A and its connection with Afghanistan and imports of oil through the Indian Ocean. But nowhere was there an express interest in linking terrorism to foreigners.

Contrast that with the 2003 PM Koizumi Cabinet, where stomping on foreign crime was explicitly stated as a national goal (and its alarmism even played down in the English-language media).

And that included Aso making statements about foreign crime as Public Management Minister in that cabinet. See “Time to come clean on Foreign Crime”, The Japan Times October 7, 2003, authorship unbilled.

Perhaps Aso read the JT article? He does read English. In any case, this is progress — at least compared to Koizumi’s cabinet statements.  Wait and see what comes next, shall we?  Arudou Debito in Sapporo

Japan Times FYI on Supreme Court

mytest

Handbook for Newcomers, Migrants, and Immigrants to Japan\Foreign Residents and Naturalized Citizens Association forming NGO\「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan
Hi Blog.  Here’s a primer courtesy of the Japan Times on Japan’s Supreme Court (JSC).

I’m not a big fan of the JSC, as my experience with it was when they summarily ruled that the Otaru Onsens Case (which involved racial discrimination, Japan Constitution Article 14) was “unrelated to constitutional issues”.  This after only a couple of months of deliberation (it usually takes many years for rulings to come down).

It also refused to hear the case for Gwen Gallagher vs. Asahikawa University case, where she was fired for not being “fresh” (their words) enough to teach.  And also, given Japan’s lower court rulings, because she’s a woman.

Yes, the JSC does sometimes issue miraculous rulings, such as this recent one regarding international children and J citizenship laws (causing some speculation that the JSC is in fact becoming more liberal; a bit premature IMO).  But given the odd conservatism seen otherwise (such as the Chong-san case a few years back, ruling that denying a Zainichi the right to sit Tokyo medical administrative exams, merely because she’s a foreigner, is constitutional), that’s why they’re miraculous.

Anyway, read on.  My favorite bit is at the end on how we can vote on Supreme Court justices.  (I’ve done so when I voted.)  It’s not much of an indicator–abstaining from voting for someone is counted as a “yes” vote (yes, I asked), meaning it’s not a majority of “yes” vs “no” votes, it’s “yes and no vote” vs “no” votes, meaning it’s highly unlikely the public could ever turf out a Robert Bork type.  In other words, it’s a sham.  And it’s never denied a JSC appointment, as the article indicates.

Garbage in, garbage out, in Japan’s quite bent judiciary, atop which sits this Supreme Court.  Arudou Debito in Sapporo

=================================== 
The Japan Times, Wednesday, Sept. 17, 2008

SUPREME COURT

Supreme Court place of last judicial resort 

When parties in lawsuits aren’t satisfied with district and high court decisions, they appeal to the top

By SETSUKO KAMIYA Staff writer

In 1889, Japan took its first step toward forming a modern constitutional state by promulgating the Meiji Constitution, dividing power among the legislature, or Diet, the executive branch, or Cabinet, and the judiciary, with the Supreme Court at the top.

News photo
Judicial power: The Supreme Court is located in Hayabusa-cho in Chiyoda Ward, Tokyo.YOSHIAKI MIURA PHOTO

Under the Meiji Constitution, sovereignty resided with Emperor Meiji. The courts handed down decisions on his behalf and in his name.

Under today’s Constitution, promulgated in 1946 and enforced in 1947, sovereignty resides with the people and the courts exercise judicial power to secure the people’s rights.

Following are basic questions and answers about the Supreme Court:

How many justices work for the Supreme Court and how are they chosen?

The Supreme Court has 15 justices, including Chief Justice Niro Shimada.

While the chief justice is appointed by the Emperor upon nomination by the Cabinet, the others are appointed by the Cabinet and certified by the Emperor.

Their backgrounds vary, from high court judges, prosecutors, lawyers, bureaucrats and legal scholars. This is to reflect various views when they interpret the law as the top court.

Among the current members, only Justice Ryuko Sakurai, a former labor ministry bureaucrat who was appointed Thursday, is female.

Justices must be over 40 years old upon appointment and their retirement age is set at 70. The average age of the current justices is 66.6.

Occasionally, some resign upon request. Sakurai’s predecessor, Kazuko Yokoo, stepped down at age 67 earlier this month. Yokoo was a former labor ministry bureaucrat and head of the Social Insurance Agency, which has been attacked for mishandling of pension records.

Where is the top court?

The Supreme Court is in Hayabusa-cho in Chiyoda Ward, Tokyo, not far from the Diet Building and the prime minister’s office in Nagata-cho, Japan’s political nexus.

Before the current structure was built in 1974, the Supreme Court stood in the Kasumigaseki administrative district where the Tokyo High Court and District Court stand today.

Upon relocation, a major public competition for designing a new Supreme Court building took place. Architect Shinichi Okada’s design was chosen out of 217 entries. This is still considered one of the biggest open design competitions for national institutions in the postwar period.

What are the Supreme Court’s judicial functions?

The Supreme Court is the court of final appeal where questions of law are decided.

A court case is first filed and tried at the district court level and moves on to a high court if one or both sides opposes the lower court decision.

If the parties involved are again dissatisfied with the high court decision, they file a petition of final appeal to the Supreme Court.

The Supreme Court consists of the Grand Bench, where all 15 justices preside, and three Petty Benches, each composed of five justices. Every case is first sent to one of the three. But if a case involves a constitutional issue, the Grand Bench makes the judgment.

In 2007, the Supreme Court received about 4,700 civil and 2,600 criminal appeals.

What are its administrative functions?

Being at the top, the Supreme Court plays various administrative roles.

It is responsible for determining the rules of judicial administration, as well as compiling and submitting its annual budget to the Cabinet.

It also nominates lower court judge candidates who must then be appointed by the Cabinet. It is also authorized to decide the assignments of judges to courts around the country.

Because of this, critics say judges tend to hand down conservative rulings to avoid upsetting the Supreme Court.

The top court is also responsible for running the Legal Training and Research Institute, where people who have passed the National Bar Examination are trained for 16 months. While attending the institute, trainees receive practical training from the judges, prosecutors and lawyers. They must pass the final qualifying exam to obtain their licenses to practice law.

Does the top court have the power to perform judicial reviews?

Lower courts hold the authority to review whether certain laws and regulations passed by the Diet are constitutional, but the Supreme Court is where the decision is finalized.

If the Supreme Court determines a law is unconstitutional, that law is invalidated.

Are the performances of Supreme Court justices reviewed?

Yes. Article 79 of the Constitution stipulates that justices are subject to a national review by voters at the first general election after their appointment. They are reviewed again after 10 years.

A judge who engages in misconduct can be discharged if the Court of Impeachment, composed of 14 Upper House and Lower House members, deems it appropriate.

Only Supreme Court justices are subject to national reviews.

At the next general election, which is expected to take place later this year, six justices will be subject to a popular vote for the first time.

They can be dismissed if the majority of voters reject them. A justice has never been dismissed under the review system, which was started in 1947.

The national review is one of the few chances for the public to have a direct say against authority. But some question whether it is serving its purpose to watch and evaluate justices because many people vote without much knowledge of what sort of decisions the justices have supported.

The Weekly FYI appears Tuesdays (Wednesday in some areas). This time it is published on Wednesday (Thursday in some areas) because Monday was a press holiday. Readers are encouraged to send ideas, questions and opinions to National News Desk
ENDS