Japan Times on worries about Post-Fukuda immigration policies

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. Nice little article here from Masami Ito about some worries now that Fukuda (who not only recognized the Ainu as an ethnic minority for the first time, but also had pleasant predispositions towards immigrations, see more below) has resigned, that the next probable PM, Aso, might not be quite so inclined. Speculation at this stage, but forewarned… Arudou Debito in Sapporo

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

Will open-door immigration plan die after Fukuda?

The Japan Times Friday, Sept. 19, 2008

By MASAMI ITO Staff writer

Japan isn’t exactly known as an open country to foreigners, but there was a recent brief ray of hope in June.

News photo
Open-door advocate: Diet lawmaker Hirohiko Nakamura of the Liberal Democratic Partyis interviewed this month in Tokyo. SATOKO KAWASAKI PHOT

The hope was provided by a group of lawmakers from the ruling Liberal Democratic Party who drafted a bold proposal to create a new immigration policy that would raise the population of foreigners in Japan to 10 percent of the overall population in the next 50 years.

The proposal was handed to Prime Minister Yasuo Fukuda, but his sudden resignation announcement Sept. 1 is raising concerns the proposal will be buried by the next prime minister.

“I am disappointed,” said lawmaker Hirohiko Nakamura, who helped draft the proposal. In a recent interview with The Japan Times, Nakamura said Fukuda was instrumental in getting the proposal off the ground.

“We got this far because it was Fukuda. . . . Fukuda was willing to listen to the proposal and it was about to move forward.”

Japan’s immigration policy largely depends on its leader, but when the prime minister keeps changing, consistency goes out the window.

Prime Minister Shinzo Abe was known for his hawkish views, but his successor Fukuda was relatively open-minded. He even wanted to increase the number of foreign students in Japan to 300,000 by 2020.

The LDP will choose its new leader Monday. The front-runner is LDP Secretary General Taro Aso, who also is known for his hawkish diplomatic views. The new party president will almost certainly become the next prime minister.

“There is no way of knowing what will happen to the proposal,” Nakamura said. “Of course, we will keep pushing the proposal no matter who the next leader is. But I am concerned.”

The group’s report is titled “Proposal For a Japanese-style Immigration Policy.” It aims to address the problem of Japan’s shrinking population by raising the number of foreign residents. Nakamura was secretary general of team, which was was chaired by former LDP Secretary General Hidenao Nakagawa.

“The only effective treatment to save Japan from a population crisis is to accept people from abroad,” the proposal says. “For Japan to survive, it needs to open its doors as an international state passable to the world and shift toward establishing an ‘immigrant nation’ by accepting immigrants and revitalizing Japan.”

The group’s definition of “immigrant” is consistent with that of the United Nations: individuals who have lived outside their home countries for more than 12 months. This includes people on state or corporate training programs, exchange students and asylum seekers.

One major aspect of the proposal, Nakamura explained, is protecting the rights of foreigners in Japan so they can work safely and securely.

“Japanese people are pretending not to see the human rights situation of foreign laborers,” Nakamura said. “In a world where even animal rights are protected, how can we ignore the human rights of foreign workers?”

According to data from the Immigration Bureau, the number of registered foreigners in Japan hit a record high of about 2.08 million in 2006. Among them, permanent residents have been increasing, reaching 837,000, or 40 percent, of all registered foreigners.

The LDP proposal says having 10 million foreigners in Japan “is no longer a dream,” stating the necessity of providing more education and training opportunities.

Nakamura stressed that not only is the overall population on the decline, the number of working people will shrink dramatically in the near future.

He explained that the 10 percent figure comes from a calculation of how big a labor force Japan will need in 50 years.

“What are politicians doing to solve this problem?” Nakamura asked. “They are at the beck and call of the bureaucrats who are just trying to protect their vested interests.”

Nakamura faulted the bureaucrats for not creating a warmer society for foreigners. For example, they don’t bring up the poor labor conditions for foreign workers, but when a foreigner is suspected of a crime, the information is spread immediately, Nakamura said.

“Bureaucrats don’t want (many foreigners in Japan),” Nakamura said. “Otherwise, it would be so easy (for bureaucrats) to start an educational campaign on living symbiotically with foreigners.”

Admitting that lawmakers have also dragged their feet, Nakamura said the key to breaking the vertically structured bureaucrat-led administration is to establish an official “immigration agency” to unify the handling of foreigner-related affairs, including legal issues related to nationality and immigration control.

Those problems are currently managed by various ministers. For example, anything related to immigration goes to the Justice Ministry, labor issues to the Health, Labor and Welfare Ministry, and livelihood in general to the Internal Affairs and Communications Ministry.

“We need to integrate all of the power, and that is why an immigration agency” is necessary, Nakamura said. “If the power is scattered around, we can’t move forward.”

If this ambitious proposal is to take shape, Japan will need a strong leader, he said.

But he expressed disappointment that none of the five candidates in the LDP presidential election fits the bill.

“The political leaders of the 21st century will be those who can destroy the bureaucrat-led government,” Nakamura said.

ENDS

NJ baby left at anonymous “baby hatch”. Kokuseki wa? Eligible for Japanese! Er, yes, but…

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. Sorry I’m not updating daily recently. I’m changing my bedroom every night (two nights ago it was Nagoya, last night Saitama, right now again at the delightful Kamesei Ryokan in Nagano), and don’t often know if I’ll have email access or time to write (part of meeting people is engaging in conversation for many hours–always a joy with the people I meet–but the only time I have alone is to sleep these days). Speech tomorrow I’ve got to work on tonight. so let’s see if I can do better.

Meanwhile, a friend who wishes to remain anonymous posted me the following article. Mutantfrog travelogue took it up, so let me post both.

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

Kyodo News Monday September 8, 8:09 PM

Foreign baby left at ‘baby hatch

http://asia.news.yahoo.com/080908/kyodo/d932hdhg0.html

(Kyodo) _ A baby with foreign nationality was left at Japan’s first “baby hatch” at a Kumamoto hospital, according to a report on Monday by a panel examining the practice.The interim report, submitted to the Kumamoto prefectural government, also noted a handicapped baby was left at Jikei Hospital in the city of Kumamoto.

Details of the two cases were not immediately available.

It has already been reported that a total of 17 infants were left anonymously at the baby hatch between its opening on May 10, 2007, and March 31 this year.

Reiho Kashiwame, a professor of child welfare at Shukutoku University who heads the panel, said, “We have decided to make our report public in order to stir debate (on the baby hatch).”

The panel will compile its final report next year.

ENDS

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

The friend replies:

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

This kid should be eligible for the almost never used Article 2.3 acquisition of J-citizenship:
 
      

第2条 子は、次の場合には、日本国民とする。
1.出生の時に父又は母が日本国民であるとき
2.出生前に死亡した父が死亡の時に日本国民であつたとき
3.日本で生まれた場合において、父母がともに知れないとき、又は国籍を有しないとき

=========================
COMMENT:  So, er, this means that if the baby was provably born in Japan, not of provable parents, and stateless, the baby gets Japanese nationality?

Great, but if news about this loophole gets out, I can see a lot of a strong incentive for NJ having an incentive to drop their babies off in the baby hatch now just to get their baby into Japan as a citizen.  This is how warped Japanese citizenship laws are.  Another issue earlier this year, involving a Supreme Court case and one Japanese spouse insufficiently acknowledging (as far as the law is concerned), even questions their constitutionality.

But I don’t see how item three above, which says (my translation), “in the case the child was born in Japan, but if one doesn’t know the parents, or if [the baby or the parents, unclear which] doesn’t have Japanese nationality, …then the baby becomes a Japanese national”, could ever be enforced.  Or even why this provision exists.

Turning the keyboard over to Joe Jones at Mutantfrog:

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

Don’t blame the hospital; blame the newswire

September 8th, 2008 by Joe Jones

Courtesy http://www.mutantfrog.com/2008/09/08/dont-blame-the-hospital-blame-the-newswire/

Joe

In the news today:

A baby with foreign nationality was left at Japan’s first “baby hatch” at a Kumamoto hospital, according to a report on Monday by a panel examining the practice.

baby hatch, for those of you who don’t know, is a place where people can essentially drop off children who are unwanted or who cannot be cared for, no questions asked.

I was a bit curious when I read this story, asking one question: How do you know the baby is of foreign nationality when someone anonymously left it somewhere? It wouldn’t be right to judge that based solely on physical appearance. In fact, under Japanese law, if a child is born in Japan and the identity of both parents is unknown (or if both parents are stateless), the child is considered a Japanese national—the only way to acquire nationality by jus soli here.

Then Asahi Shimbun added some clarity to the story. According to their report, there are ten cases of baby drop-offs in which the source of the baby was clear. In two of those cases, the mother came by herself and dropped the baby off. There were also cases “where both parents were zainichi gaikokujin,” i.e. special permanent residents of Korean/Chinese descent who are largely indistinguishable from Japanese nationals, “and where grandparents and males deposited [the child].”

So Kyodo was being a bit too vague for information’s sake: the kid was not visibly foreign, but rather they deduced the kid’s foreignness from the nationality of the parents. Now let’s see what happens when a really foreign kid gets dropped in one of these hatches…
========================

Comments?  Arudou Debito in Kamesei Ryokan, Nagano

Japan Times: GOJ claims to UN that it has made “every conceivable” effort to eliminate racial discrim

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-time readers may find this guffaw-worthy.  I did.  Especially since it’s titled “the third, fourth, fifth and sixth combined periodic report”  [Japanese pdfEnglish pdf]–indicating just how late they’re filing a report that is actually due every two years.  What bunkum.  More on the GOJ’s relationship with the UN here.  And more here about how the GOJ seeks input from human rights groups but not really (when they allowed right-wingers to shout down a meeting last year).

Finally, just a point of logic: If the GOJ had taken “every conceivable measure” as it claims below, that would naturally include a law against racial discrimination, wouldn’t it?  But no.  And look what happens as a result. Arudou Debito in transit.

==========================
Japan Times Tuesday, Aug. 26, 2008

Japan defends steps to end discrimination 

http://search.japantimes.co.jp/cgi-bin/nn20080826a3.html

Staff writer
OSAKA — In a new report to the United Nations [Japanese pdf, English pdf] the government outlines the situation of ethnic minorities and foreign residents in Japan, claiming it has made “every conceivable” effort over the past several years to eliminate racial discrimination. 

Occasionally sounding on the defensive, the report, released Friday, sidesteps the issue of a comprehensive law prohibiting discrimination between individuals.

Human rights groups and Doudou Diene, the U.N. special rapporteur on contemporary forms of racism, have called for the passage of a law clearly against racism and xenophobia, as well as the establishment of an independent national human rights monitoring body.

The government has long held that Article 14 of the Constitution, which guarantees equality under the law, makes any antidiscrimination legislation superfluous, a point reiterated in the report.

“Japan has taken every conceivable measure to fight against racial discrimination,” the report’s introduction says, later adding that apartheid is unknown in Japan.

The report covers the situation of the Ainu, Korean residents and other foreigners. The government noted that there were an estimated 23,782 Ainu in 2006.

A Hokkaido Prefectural Government survey in 2006 showed 93.5 percent of Ainu youths go on to high school, and 17.4 percent go on to university, an improvement from recent years but below the national average, in which 98.3 percent of all youths enter high school. About 38 percent of all people who live in municipalities where Ainu reside go on to university, the survey noted.

About 30 percent of Hokkaido’s Ainu said they had experienced discrimination at school, in job interviews or when getting married, or that they knew of someone who had experienced such discrimination, the same survey indicated.

The report to the U.N. notes the Diet’s passage of a resolution in June recognizing the Ainu, and that the government has set up an advisory panel to discuss Ainu policies.

ENDS

 

 

 

Japan Times: GOJ Panel begins process to rectify Ainu woes

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

Panel begins process to rectify Ainu woes 

The Japan Times August 12, 2008

By MASAMI ITO, Staff writer
Courtesy AW
The government panel on Ainu policies held its first meeting Monday, aiming to look into the lives and discrimination the indigenous group faces and come up with remedial action.    

The group, headed by Koji Sato, a professor emeritus of constitutional law at Kyoto University, will meet about once a month and submit proposals to the chief Cabinet secretary by next summer.

“There needs to be broad public understanding and cooperation,” Sato said. “The most important starting point is to have the public accurately understand the history and grasp the situation of the Ainu.”

The panel’s creation followed the Diet passage in June of a resolution to officially recognize for the first time the Ainu as an indigenous people.

Tadashi Kato, who chairs the Ainu Association of Hokkaido and has been active in pursuing their rights, was elected one of the panel members.

After the meeting, he told reporters of the ongoing discrimination against the ethnic minority.

Kato recalled a junior high student who wrote in an essay that “the Ainu should go away from this town” and a little Ainu boy who cried at home because he was teased at school for having more body hair than others.

“I want people to know that (discrimination) is still going on,” Kato said. It “makes me despondent and brings tears to my eyes.”

Up until the June resolution, the government had refused to recognize the Ainu as an indigenous people.

“The government seriously accepts the historical fact once again that despite being legally equal as Japanese people, there were many Ainu who were discriminated against and forced to live in poverty in the course of the nation’s modernization,” Chief Cabinet Secretary Nobutaka Machimura said at the beginning of Monday’s meeting.

Japan voted in favor of the U.N. Declaration on the Rights of Indigenous Peoples last September.

“I would like the members of this panel to come up with proposals that lead to establishment of a comprehensive policy that is necessary for the Ainu to hold on to their honor and dignity for generations to come,” he said.

ENDS

 

LetsJapan Blog on new Saitama Pref stickers for NJ-friendly realtors

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.  Have a look at this.  This is long overdue indeed!  Well done Saitama Prefecture!  Debito

Foreigner Friendlier Area

Saitama multicultural real estate agents logoMulticultural real estate agents

To make renting an apartment easier for non-Japanese, and deal with discrimination by apartment landlords and owners, one prefecture in Japan is sponsoring an effort to establish a database of “multicultural” real estate agents.

The government of Saitama Prefecture began it’s effort in 2006. There are now 113 multicultural real estate agents registered. Saitama is located 23 kilometers north of of Tokyo.

Information pamphlets in Chinese, English, Portuguese and Spanish are available, and telephone interpretation is offered by volunteers. (English .pdf)

Saitama multicultural apartment help
 

The Daily Yomiuri reports the project has become widely known among foreigners by word of mouth.

Phone numbers and addresses of the participating agents are included in the list. Lets Japan viewed 42 websites listed in the multicultural real estate registry, and found the logo displayed on only three sites: RoomspotRisouhouseSaihokujisho

RELATED:

ENDS

GOJ announces J population rises. But excludes NJ residents from survey.

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 something quite odd.  We have the GOJ saying that the population of Japan is rising (ii n ja nai?).  Then they make it clear that the figures doesn’t include foreign residents.  Now why would any government worth its salt decide to exclude taxpayers thusly?  Aren’t registered foreign residents people too, part of a “population”?  Arudou Debito

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

Population rises 1st time in 3 years

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.

Over the period, there was a fall in the natural population–the number of births minus the number of deaths in the year through the end of March–of 29,119. However, the figures showed an increase of 41,826 due to social factors such as the rise in the number of repatriates and newly naturalized citizens.

The survey also showed that the population in Tokyo increased by 100,460, breaking the 100,000 mark for the first time since the government began taking such surveys in 1968 and reflecting the trend toward a concentration of the population in large cities.

The number of births increased for two consecutive years to 1,096,465, but was offset by the number of the deaths, which went up by 44,410 to 1,125,584. The natural decline was the second for the nation, following the 2006 survey.

Meanwhile, the so-called social population, which saw a decline of 12,297 in the year through March 31, 2007, rose by 41,826 for this year. The ministry believes that the social population increase can be attributed to an increased number of people returning home after their companies closed their offices overseas. Officials noted therefore that the overall trend of a declining population had not changed.

(Aug. 1, 2008)

読売:「人口3年ぶり増加」と言うが、「住民基本台帳」のみに基づき外国人住民は数に入らん。

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

ブロクの読者、こんにちは。きょうのトピックスは:

 きのうの読売によると、「人口3年ぶり増加」という。おめでとう。が、なぜ「人口」を言うのに外国人住民(つまり外国人登録者数)は入らないのでしょうか。国内に住居であり、納税して、社会の貢献者やメンバーではないかと思います。総務省はそうやって人を加算しないメリットはありますか。今後、「人口」を測るなら「人」を測りましょう。有道 出人

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

人口3年ぶり増加、1億2706万人…帰国や帰化増え

 総務省は31日、住民基本台帳に基づく今年3月末現在の人口を発表した。

 全国の人口は前年同期比1万2707人増の1億2706万6178人で、2006年3月末現在で減少に転じたが、3年ぶりに増えた。

 出生者数から死亡者数を引いた「自然増加数」はマイナス2万9119人で過去最大幅のマイナスとなったが、海外への転出入や帰化などに伴う「社会増加数」がプラス4万1826人となったため。うち帰化は「推定1万数千人」(総務省)。東京都の人口増加数は10万460人と、1968年の調査開始以来初めて10万人を超え、大都市の人口集中加速が浮き彫りになった。

 住民基本台帳の人口は日本に住む日本人の数で、永住外国人らは含まない。

 出生者数は2年連続増の109万6465人だったが、死亡者数も4万4410人増えて112万5584人だった。社会増加数は07年3月末のマイナス1万2297人が、プラス4万1826人に転じた。年度末は転入、転出が多く、数値が変動することもあるが、同省は「海外進出した企業が国内へ戻るなどして、在外邦人の転入が増えたことも一因ではないか」と見て、全体では「減少傾向は変わらない」としている。

 東京、名古屋、関西の3大都市圏は全人口の50・20%を占める6378万6830人と過去最高。都道府県別では東京1246万2196人、神奈川879万8289人、大阪867万302人の順で多く、最少は鳥取の60万2411人。

(2008年8月1日02時14分  読売新聞)

Some woes with the Koseki (Family Registry) system for NJ and others 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.  We’ve had a couple of good comments recently from a couple of mailing lists I belong to, concerning the Family Registry System (koseki) in Japan (not to mention the Juuminhyou Registry Certificate, equally problematic; more on that here).  It affects a lot of people adversely, not just NJ, so let’s devote a blog entry to the issue.  We’re considering making the Koseki System a lobbying issue at forming NGO FRANCA, especially since South Korea, with its similar hojeok registry system, abolished it this year.  

Here are some of the problems as far as NJ are concerned:

COMMENT FROM OSAKA J AT THE COMMUNITY:

//////////////////////////////////////////////////
This may be common knowledge, but it wasn’t for me (admittedly due to my own failure to properly research the issues), the lesson being that you should never take anything for granted — not even something as simple as your child’s last name.

My wife and I have separate last names; she kept her maiden name when we married. Yesterday, we took the Notification of Birth form for our recently-born daughter to the city hall to file it. Naturally assuming that our daughter would take on my last name, we filled it out with my last name and her chosen name. Fifteen minutes later, we were waved over to be told that because my wife’s maiden name is still on her koseki — and as we all know, my name is just a footnote on her koseki — we cannot use my last name, and our daughter would have my wife’s last name. The only way around this is to have my wife file for a change of name at court, whereupon her name will officially be changed to mine, and thus our daughter will be able to take on my last name.

While it’s a quick fix for the time being, the horrendous legal and familial limitations put on foreigners by the koseki system finally really hit home. I’ve never felt my existence was negated quite so much as the instant where we were informed of this rule. I guess I’m just offering this anecdote as a warning to people considering marrying/having children because this is what you will face if you opt to go with different last names, and as an example of why the koseki system needs a serious overhaul, particularly with respect to foreigners. 
//////////////////////////////////////////////////

To see an example of this (i.e. a real koseki after an international marriage in Japan, where the NJ is not listed as a “spouse”), go to:
https://www.debito.org/juuminhyou.html

COMMENT FROM KGD AT FRANCA:

//////////////////////////////////////////////////
Isn’t it astounding that the koseki system, developed from temple registries by the Tokugawa Shogunate in the early 1600s to locate and persecute Christians, should continue to exist in 21st century Japan? Many countries have central registries of marriages, births and deaths. Japan alone developed the intrinsically discriminatory koseki system, which it forced on Taiwan and Korea to maintain colonial control.

But, just like secret Christians, NJ keep coming up with ways to bend the system. If a man named Lennon marries a Japanese woman named Ono and has a child named Sean, the child can be registered in the koseki as Ono Lennon Sean. Japan will issue a passport in the name of Shoonu Rennon Ono, but there is a provision for listing a second spelling (“betsumei heiki” is the magic phrase) along the lines of Sean Lennon Ono. The Ministry of Foreign affairs has regulations on listing of a second spelling, but whether the regulations are enforced to the letter, whether you can assign your chosen name, or whether you can’t get a second spelling at all depends on the clerk assigned to you. At least in a big city, if the clerk is uncooperative, take back your paperwork, come back the next day and try again.

Most foreign nations will register the above child according to the desires of their citizen, for example as Sean Lennon, and issue a passport in that name.

A foreign parent could of course forget about Japanese nationality for their child and try to register the child under a foreign name in the foreign parent’s immigration registry, but think long and hard about that one. This might lead to a denial of family social benefits for which NJ also pay taxes, and possibly make life harder for the child. Under current law, the child can wait until his/her 22d birthday to choose between Japanese nationality and the foreign parent’s nationality, and can keep both in the meantime. But a baby needs a koseki in order to get a Japanese passport.

If you are looking for allies against the koseki system, try posting on a board for Japanese professional women. They are often angry that, because the koseki can only have one family name, they have to drop the maiden name under which they have their M.D., M.B.A., Olympic medal, etc. in order to be recognized as married. They don’t mind using their husband’s name in private society, but in professional society they may want to continue using their maiden name. No can do in Japan. The alternative, for the husband to take the wife’s name, happens when the wife’s family is rich but has no son, but is not appealing to many financially independent men.

It pays to take the long view on discrimination in Japan: another of the Tokugawa Shogunate’s 17th century creations, the government monopoly on tobacco and salt, didn’t die until 1985.
//////////////////////////////////////////////////

More on the woes for NJ (and others) with the Koseki system here:
http://www.crnjapan.com/references/en/koseki.html
http://en.wikipedia.org/wiki/Koseki

And also how the Koseki System puts NJ at a serious disadvantage when it comes to divorce:

//////////////////////////////////////////////////
MULTINATIONAL MARRIAGES COME OFF WORST

What makes this situation especially difficult for international, and especially intercontinental, divorces is that foreign partners have extreme difficulty being granted custody of children in Japan. In a March 31, 2006 interview with the Canadian Broadcasting Corporation, lawyer Jeremy D. Morely, of the International Family Law Office in New York, stated:

—————————————-
“Children are not returned from Japan, period, and it is a situation that happens a lot with children of international marriages with kids who are over in Japan. They do not get returned. Usually, the parent who has kept a child is Japanese, and under the Japanese legal system they have a family registration system whereby every Japanese family has their own registration with a local ward office. And the name of registration system is the koseki system. So every Japanese person has their koseki, and a child is listed on the appropriate koseki. Once a child is listed on the family register, the child belongs to that family. Foreigners don’t have a family register and so there is no way for them to actually have a child registered as belonging to them in Japan. There is an international treaty called the Hague Convention on the civil aspects of international child abduction, and Japan is the only G7 country that is not a party to the Hague Convention.”

—————————————-
//////////////////////////////////////////////////

https://www.debito.org/?p=9
Also see HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN pp. 256-270

Arudou Debito in Sapporo

UNHCR on Japan’s UN Human Rights Review, June 30, 2008

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

(Latest UN report.  Lots on trafficking, some on child rights and corporal punishment, very little to nothing on racial discrimination in general.  Anyway, baby steps.  Data of note to Debito.org italicized.  Debito)

30/06/2008
Office of the United Nations High Commissioner for Human Rights
Summary of the State under Review
Interactive dialogue and responses by the State under Revi
ew
Courtesy of Eric Kalmus

Conclusions and/or Recommendations

On 28 February 2008, the Human Rights Council selected the following group
of rapporteurs (troika) to facilitate the review of Japan: Djibouti, France
and Indonesia. The delegation of Japan was headed by H.E. Mr Yoshitaka
Akimoto, Ambassador in charge of United Nations Affairs, Ministry of Foreign
Affairs.

(i) Summary of the State under Review
Japan stated that it regards the Hague Convention on the Civil Aspects of
International Child Abduction and the Convention on Jurisdiction, Applicable
Law, Recognition, and Cooperation in respect of Parental Responsibility and
Measures for the Protection of Children as effective tools for children’s
rights and welfare, and will continue to study the possible conclusion of
the two conventions by giving due consideration to, inter alia, the current
social system, and the cultural situation of Japan.

[NB:  Even though PM Fukuda has recently made it clear he sees no need for legislation to back up aspects of the treaty, so one wonders how the Convention will be enforced.]

– On the question of the marriageable age in Japan, it was explained that in
February 1996, the Legislative Council of the Minister of Justice submitted
an outline of a Bill to Revise Part of the Civil Code suggesting that the
marriageable age should be 18 years for both men and women. Japan stated
that this issue constitutes an important subject involving the marriage
system and the concept of a family and since there were various opinions
across all levels of civil society, close attention was being paid to trends
in public opinion.

(ii) Interactive Dialogue with the State under Review
– Algeria recommended that Japan implement the calls by, inter alia, the
Committee on the Rights of the Child to establish human rights institutions
in accordance with the Paris Principles as soon as possible.

– Algeria also asked for information on how Japan proposes to address the
issue of violence against women and girls.

– Philippines encouraged Japan to further develop appropriate strategies and
programmes to counter the negative effects of ‘ijime’ or bullying in
schools.

– China welcomed the implementation of comprehensive legal support and
awareness activities, including on child abuse and child pornography.

– Referring to reports indicating, inter alia, a high prevalence of
gender-based violence and child abuse, Canada recommended that Japan
continue to take measures to reduce the incidence of violence against women
and children, inter alia, by ensuring that law enforcement officials receive
human rights training, and funding recovery and counselling centres for
victims of violence.

– Canada referred to studies showing that an increase in international
marriages has resulted in an increase in complex divorce and custody cases
and noted that there is no formal mechanism to deal with international child
custody cases. It recommended that Japan develop a mechanism to ensure the
prompt return of children who have been wrongfully removed from or prevented
from returning to their habitual place of residence, and also examine the
possibility of acceding to the 1980 Hague Convention on Civil Aspects of
International Child Abduction.

– While recognizing measures already taken by Japan, Canada recommended that
it continue its efforts to combat trafficking in persons with a special
emphasis on women and children.
– With regard to measures to prevent trafficking in persons, Japan provided
information, inter alia, on special provisions enabling victims of
trafficking to stabilise their legal status, and that they are provided with
medical treatment. An anonymous reporting line was established in 2007 to
assist victims, and leaflets with information are published in nine
languages. If victims wish to return to their home countries, Japan closely
coordinates with interested agencies to support this and with other
countries on these issues.
– The Ministry of Justice has developed protection systems to address the
issue of bullying in schools, including the establishment of the Children’s
Rights Hotline and the circulation of Children’s Rights SOS lettercards to
all elementary and secondary schools. The Ministry of Education, Culture,
Sports, Science and Technology is promoting the activities of the local
schools and the boards of education through such activities as the provision
of guidance and seminars, organizing model programmes to solve problems of
bullying and violence at school, and supporting the school counselling
system.
– Japan noted that various foreigners’ schools, including Korean schools,
are accepted as miscellaneous schools by the prefectures and that there is
no discrimination between other miscellaneous schools and Korean schools.
– With respect to the international standards concerning the rights of the
child and women, Mexico would appreciate information on measures that may
currently be applied concerning civil rights and protection against violence
and trafficking and the necessary support for these victims.

– The Netherlands recommended that Japan adhere to the 1980 Hague Convention
of Civil Aspects of International Child Abduction.

– Brazil thanked Japan for its full support and participation in the Third
World Congress Against Sexual Exploitation of Children and Adolescents, to
be held in Rio de Janeiro in November 2008. While recognizing measures taken
by Japan in various other fields of human rights, it asked Japan about the
main concrete steps taken in the promotion and the fulfilment of the rights
of the child and of women.

– Turkey noted the high legal standards in Japan for the protection of
vulnerable groups, in particular children, elderly and the people with
disabilities. It noted that there are specific legal provisions aimed to
protect the children from abuse, prostitution and child pornography and
encouraged Japan to take further steps related to recovery and counselling
services for victims.
– Regarding corporal punishment of children, it noted that the existing law
does not cover punishment at home and wished to learn whether there is any
plan to extend the scope of the concerned legislation.

– Ukraine noted with satisfaction the measures regarding the rights of the
child and encouraged Japan to continue its efforts in this area.

– Azerbaijan asked for Japan’s views on implementing the recommendation of
the Committee on the Rights of the Child to amend its legislation to
eliminate any discrimination against children born out of wedlock.
– Following the interventions, Japan noted significant changes including in
the social environment, and that child prostitution, child pornography and
child abuse are becoming more serious and referred to measures taken in
order to address such changes, inter alia, to recent legislation passed on
these issues.

– Jordan commended Japan on the effort to establish a legal and
institutional framework for the promotion of human rights and asked about
the challenges that it faces in protecting the victims of trafficking.

– Italy noted that corporal punishment, although legally prohibited in
schools, continues to be widely practiced and asked what measures had been
taken to address the concerns expressed by the Committee on the Rights of
the Child in this regard and recommended that Japan expressly prohibit all
forms of corporal punishment of children and promote positive and
non-violent forms of discipline.
– Japan informed that corporal punishment by teachers and principals is
prohibited in the School Education Law and also that it promotes non-violent
measures based on trust between the teachers and students. In the case that
corporal punishment is actually carried out by school teachers, they are
reprimanded through the appropriate procedures.

(iii) Conclusions and/or Recommendations
In the course of the discussion, the following recommendations were made to
Japan:
– Consider ratifying/Ratify the Hague Convention on Civil Aspects of
International Child Abduction, 1980 (Canada, Netherlands);
– Encourage the continued taking of measures relating to discrimination
against women in particular to raise the age of marriage to 18 for women as
for men (France);
– Continue to take measures to reduce the incidence of violence against
women and children, inter alia, by ensuring that law enforcement officials
receive human rights training, and to fund recovery and counselling centres
for victims of violence (Canada);
– Continue the efforts to combat trafficking in persons with a special
emphasis on women and children (Canada);
– Develop a mechanism to ensure the prompt return of children who have been
wrongly removed from or prevented from returning to their habitual place of
residence (Canada);
– Prohibit expressly all forms of corporal punishment of children and
promote positive and non-violent forms of discipline (Italy);

Organisation Contact Details:

Office of the United Nations High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland

ENDS

Japan Times Tokyo Confidential with amusing anecdotes about G8 gifts and local offput business…

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. Some amusing anecdotes on what bennies were on offer for G8 Summit attendees. Some people get all the breaks, it seems.  Not the local businesspeople, however. Debito

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

TOKYO CONFIDENTIAL:  Japan Times Sunday, July 13, 2008

G8 goes ‘B-class’ as smokers fume

By MARK SCHREIBER, courtesy of the author

After devoting seven pages of punchy news items about the G8 Summit at Toyako in Hokkaido — including a full page concerning the latest gossip about France’s President Nicholas Sarkozy and his wife, Carla — Shukan Shincho (July 10) provides readers with three pages of amusing tidbits of the kind in which the weekly revels, which is headed “B-class News.”

News photo

One concerns the special souvenir gifts distributed to the foreign-press corps attending the summit.

It seems at the previous summit in Nago, Okinawa Prefecture eight years ago, the government was lambasted for shelling out over ¥60 million on expensive gifts, which included deluxe business bags, IC recorders, stationery, and a limited-edition “Licca-chan” doll dressed as a Ryukyuan folk dancer.

So this time they’re cutting back, with expenditures only about one-fourth that of the Okinawa Summit. Participants will receive a bag embroidered in the style of Hokkaido’s indigenous Ainu. In keeping with the conference’s ecological message, press kits handed out to reporters in “eco bags” were made from recycled materials. Other commemorative souvenirs such as furoshiki (a wrapping cloth used for carrying items) and chopsticks were also made from recycled materials.

Perhaps, the magazine remarks, foreign newsmen who recall Japan’s magnanimous generosity at the previous Nago Summit were a bit disappointed this year.

Among the local delicacies the foreign visitors could partake, Shukan Shincho continues, was Mame no Bunshiro Kazuno Natto, a gourmet variety of fermented soybeans, which are typically disdained by many foreigners due to their unfamiliar odor and texture, from Donan Hiratsuka Shokuhin Co. The beans also contain reishi (Ganodermalucidum), an edible fungus that boasts medicinal properties.

“We usually sell it in 50-gram packs, but since that’s too big a portion for the breakfast buffet, we supplied an order for 500 25-gram packs,” says Masao Hiratsuka, the company’s president. “This natto doesn’t smell bad, so foreigners can eat it too.

“We’d be honored if the president and first lady of France, where food culture is highly developed, would deign eat some,” says Hiratsuka.Alors, pourquoi non?

While some local businesses benefited from the onslaught of visitors, rigorous police security appears to have heavily cut into turnover at the area’s love hotels.

“Usually, toward the end of the month our business picks up, but in June, it declined,” the owner of an establishment in the vicinity of Toya Spa tells Shukan Shincho. “On Saturdays and Sundays we’re often fully booked, but customers didn’t materialize then either. Business is off by more than 30 percent.”

“With so many security checkpoints, no wonder people are staying away,” sighs a second hotelier. “When they stop you and ask, ‘Where are you going?’ what can you tell them?”

A detachment of riot police took over an entire no-tell hotel for use as their billet. Up to June 28, the hotel had accepted regular customers in its vacant rooms, but the presence of cops lurking on the premises was a major turnoff.

“Would you go in a love hotel crawling with cops?” one sarcastic blogger posted.

Rest of article at:

http://search.japantimes.co.jp/cgi-bin/fd20080713t1.html

Jenkins get his Permanent Residency in record time. Congratulations, but…

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.  Just heard yesterday that Charles Jenkins, long-suffering veteran of North Korea (who got a very harsh life after defecting from the US military from South Korea, before I was even born!), just got his Permanent Residency (eiuuken) in record time (a coupla weeks).  And with fewer years spent here (four) than the average applicant (generally five years if married to a Japanese, ten if not married).  With personal consideration from Justice Minister Hatoyama.

Congratulations Mr Jenkins.  Seriously.  I’m very happy you can stay here with your family as long as you like, and may you have a peaceful and happy rest of your life out on Sadogashima.  

But I wish the often strict procedures given other applicants could have applied to him as well.  Again, as with the case of Fujimori (who was “naturalized” in about the same amount of procedural time) and certain sports figures, politics keeps infiltrating the application process for assimilation.  Inevitable, some might say, but still a shame when there are people as eminently qualified as Mr Jenkins also being refused.  More on that here from the Japan Times.  Arudou Debito in Sapporo

===========================
ジェンキンスさん、永住許可へ…鳩山法相が指示
7月11日12時36分配信 読売新聞
http://headlines.yahoo.co.jp/hl?a=20080711-00000019-yom-pol
Courtesy of oogu

 鳩山法相は11日午前の閣議後の記者会見で、北朝鮮による拉致被害者の曽我ひとみさん(49)の夫、チャールズ・ジェンキンスさん(68)の永住を許可するよう、同日、入国管理局に指示したことを明らかにした。

 入管は同日中にジェンキンスさんに連絡し、ジェンキンスさんが入管を訪れれば永住が認められる運びだ。

 ジェンキンスさんは曽我さんの配偶者として在留資格があるが、3年ごとの資格更新が必要なため、6月24日に東京入国管理局新潟出張所に永住許可を申請していた。通常は「許可までに数か月かかる」(法務省幹部)が、約半月の早さでの許可となった。

最終更新:7月11日12時36分

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

Jenkins granted permanent residency status

http://www.japantoday.com/category/national/view/jenkins-granted-permanent-residency-status
Courtesy of oogu

TOKYO —The Japanese government will grant U.S. citizen Charles Jenkins, the husband of a repatriated Japanese abductee to North Korea, permanent residency status, Justice Minister Kunio Hatoyama said Friday. Jenkins, a former U.S. Army sergeant who deserted to North Korea, married Hitomi Soga there and lived in the country almost 40 years, came to Japan with the couple’s two North Korean-born daughters in July 2004 after being reunited with Soga in Jakarta.

The Justice Ministry made the decision only half a month after Jenkins applied for the status June 24. Usually, foreign nationals need about six months to obtain permanent residency status. Jenkins, 68, has been living in his wife’s hometown on Sado Island in the Sea of Japan since completing a 30-day detention for desertion at a U.S. Army base in Japan. He acquired temporary residency status as Soga’s spouse and is required to renew it every three years. With permanent residency status, Jenkins will not be required to go through further renewals.
===========================
ENDS

Japan Times Eric Johnston’s July 10 Sapporo speech on G8 Summit–with audio recording, powerpoint, photos

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.  Wrapping up this long-running series on the G8 Summit, here’s a blog entry on last night’s Sapporo speech by Japan Times Deputy Editor Eric Johnston, sponsored by the Hokkaido International Business Association (HIBA).  Photos and links to his powerpoint and an audio recording of the event below.

Brief:  On July 10, 2008, Eric spoke for an hour and change on the state of newspaper media (versus the bloggers, who at times were better connected to Summiteers than the mainstream journalists), the inefficiencies of Summit reporting and how it blocked true journalism (including a press center far away from the Summit site, and a GOJ stranglehold over press schedules–one example given was four hours’ travel and wait time for a sixty-second press conference with PM Fukuda), the incredible economic and ecological waste that goes on at these Summits (including, he says, a ton of lamb meat left uneaten due to journalist time constraints), and the flat-out lying to the local governments by the Ministry of Foreign Affairs re getting the local economies involved in Summit events (this was apparently Tokyo’s show all the way–shutting out local pensions for “Ministry-certified hotels”, which gouged the journalists with JPY 60,000 hotel rooms, and not allowing local businesses to take much advantage of the world’s attention).  Thus sequestered and sealed off from the stories they had come a long way to report, the journalists at the media center could have been anywhere in the world, and all that any journalist (working 16 to 18 hour days), who didn’t have the gumption to leave the site and go searching for his or her own stories, saw of Japan was the center’s sushi bar.

Oh yes, and Eric talked about the goal of the Summit and appraises whether or not it was successful.  Most people don’t think so.  And despite the relative boosterism by GOJ-influenced press like NHK, the world media is now beginning to see these summits for what they are–basically highly wasteful and expensive parties for politicians, with only one real working day to consider a few major issues and, for the most part, agree that something is “a good idea”, rather than hammer out any specific policy or agreement.  All with us taxpayers footing the bill (particularly us Japanese taxpayers, paying ten or more times more, as usual, than last year’s Summit).

As one of the attendees of tonight’s speech commented, it was like the circus had come to town, set up their tent on a vacant lot, then shut the locals out from their show.  Then they departed, leaving nothing behind but a vacant lot.  

Good riddance to the Summit.  What a scam.  Arudou Debito in Sapporo

Link to sound file of the speech here (mp3):
https://www.debito.org/ericjohnston071008.mp3

Eric Johnston’s Powerpoint Presentation here (English):
https://www.debito.org/ericjohnston071008.ppt

Photos of the event and afterwards (courtesy Tom Goetz):

Japan Times July 8 2008 45th Zeit Gist Column: Gaijin as Public Policy Guinea Pig

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 All. This came out yesterday in the Japan Times, thought you might find it interesting. Bests, Arudou Debito in Sapporo

=========================================
GAIJIN AS GUINEA PIG
Non-Japanese, with fewer rights, are public policy test dummies
By ARUDOU Debito
Column 45 for the Japan Times Zeit Gist Community Page
Draft Seventeen, “Director’s Cut”, with links to sources
Published July 8, 2008, available at
http://search.japantimes.co.jp/cgi-bin/fl20080708zg.html

Anywhere in the world, non-citizens have fewer legal rights than citizens. Japan’s Supreme Court would agree: On June 2, in a landmark case granting citizenship to Japanese children of unmarried Filipina mothers, judges ruled that Japanese citizenship is necessary “for the protection of basic human rights”.

A shortage of rights for some humans is evident whenever police partake in racial profiling–for example, stopping you for walking, using public transportation, even cycling while gaijin (Zeit Gist Jul. 27, 2004). Japanese citizens are protected against random questioning by the “Police Execution of Duties Act”; requiring probable cause of a crime. But non-citizens, thanks to the Foreign Registry Law, can be questioned at any time, any place, under penalty of arrest (with some caveats; see SIDEBAR below).
Source: https://www.debito.org/japantimes072704.html

The societal damage caused by this, however, isn’t so easily compartmentalized by nationality. Denying legal rights to some people will eventually affect everyone, especially since non-Japanese (NJ) are being used as a proving ground for embryonic public policy.

Let’s start with the racial profiling. Mark Butler (a pseudonym), a ten-year Caucasian resident of Japan and Tokyo University student, has been stopped by police a lot–117 times, to be exact. He cycles home at sunrise after working in the financial night markets.

Never mind that these cops see Mark every night. Or that the same cop has stopped him several times. Or that they sometimes make a scene chasing him down the street, and interrogate him in the cold and rain like a criminal suspect.

Why do they do this? Cops generally claim a quest for bicycle thieves, never making clear why Mark arouses suspicion. When pressed further they admit: “Sure, we know you’re not a crook, but Chinese gangs are causing trouble, and if we don’t crack down on foreigners, the public thinks we’re not doing our job.”

But at stoppage #67, at a police box that had checked him more than forty times already, a nervous junior cop admitted that this was his “kunren” (training).

“It seemed the older officer there remembered I wasn’t a thief,” said Mark, “and saw an opportunity for some on-the-job training–without the risk of dealing with an actual criminal.”

Mark concluded, “I’d be happy to serve as a paid actor who rides past police stations and cooperates (or not, as directed) with the trainees. But these are officials making use of innocent people–and foreigners at that–for their kunren, with small and large risks forced upon the innocent party.”

No larger risk imaginable was recently forced upon a gaijin gimp by Narita Customs.

On May 26, a Customs official planted 124 grams of cannabis in a NJ tourist’s bag. Why again? To train the sniffer dog.

Unbelievably, the bag got lost. Customs later tracked down the tourist and his bag at a Tokyo hotel, then publicly blamed one bad egg, and one bad dog, for not being up to snuff. Even though Kyodo (June 30) now reports that Narita has laced bags 160 times since last September. The Mainichi in English even called it “common practice”.
Sources: https://www.debito.org/?p=1774
https://www.debito.org/?p=1680#comment-162491
https://www.debito.org/?p=1680#comment-162113

Never mind that anyone else Trojan-Horsing dope would be committing a crime. And if the bag got on a connecting flight to, say, Singapore, the unwitting possessor would be put to death.

Japan also has stiff penalties for drug possession, so imagine this being your bag, and the police on the beat snagging you for questioning. Do you think “how’d that get there?” would have sufficed? It didn’t for Nick Baker, arrested shortly before World Cup 2002, and sentenced to fourteen years despite evidence he was an unwitting “mule” (ZG Oct. 28, 2003).
Source: http://search.japantimes.co.jp/cgi-bin/fl20031028zg.html

And it didn’t suffice for a Swiss woman, arrested in October 2006 on suspicion of smuggling meth from Malaysia. Despite being found innocent twice in Japanese courts, she still hasn’t been released (because NJ have no right to bail in Japan, either). Thus being arrested under any pretense in Japan will seriously ruin your day–or the rest of your life.
Source: https://www.debito.org/?p=1447

Narita Customs said reprimands would be issued, paychecks docked, but nobody fired. That’ll learn ’em. But still the lack of transparency, such as whether Mr. Bad Egg knew the suitcase owner’s nationality from the bag tag, is indicative. It’s not inconceivable that his bag selection was judicious: If he’d egged a Japanese, think of the lawsuit. Non-tourists have plenty of time to hire a lawyer, and no language barrier.

Mr. Bad Egg, who according to Kyodo had spiked bags 90 times, seems a systematic fellow. Apparently determined not to follow what Customs claims is standard procedure (such as stashing the contraband in a dummy bag; although common-sense precautions, like including a GPS locator or labeling the box “Property of Narita Customs”, apparently are not), it seems logical that he would target a gaijin guinea pig and safely hedge his bets.

But why should citizens care what happens to NJ? Because NJ are crash-test dummies for policy creep.

For example, systemic full-time contract employment (“ninkisei”) first started with the foreigners. In Japan’s universities (and many of its workplaces), if a Japanese was hired full-time, he got lifetime employment–unable to be sacked unless he did something illegal or really stupid (like, um, plant drugs?).
Source: https://www.debito.org/activistspage.html#ninkisei

However, NJ educators and employees were given contracts, often capped at a certain age or number of renewals. And they didn’t get “fired” in legal terms–their contracts were merely “nonrenewed”. There was no legal recourse, because you agreed to the poison pill by signing the contract. Thus nationality and job stability were correlated, in a practice long derided as “Academic Apartheid”. Who cared? NJ were supposed to “go home” someday anyway.

However, in the 1990’s, with the low birthrate and declining student numbers, Japan’s universities found themselves in trouble. So in 1997, a new law was passed enabling full-time Japanese educators to be hired on contracts like foreigners. Hey, it had kept the gaijin disposable for the past century–why not use it to downsize everyone?
https://www.debito.org/activistspage.html#ninkisei

Eventually the entire job market recognized how “temping” and “freetering” everyone empowered the bottom line. Now contract employment is now universal–applied, according to Louis Carlet of the National Union of General Workers, to 20% of Japanese men, 50% of Japanese women, and 90% of NJ workers!

Another example: Back in 2003, the government tried “Gaijin Carding” the entire population with the Juki-Net System. However, it faced a huge (and rare) public backlash; an Osaka High Court Judge even ruled it unconstitutional in 2006 as an invasion of privacy. Oddly, the judge died in an apparent suicide four days after his ruling, and the Supreme Court reversed his decision last March 6. Now the decks are legally cleared to track everyone.
Source: http://search.japantimes.co.jp/cgi-bin/nn20061204a6.html
http://search.japantimes.co.jp/cgi-bin/nn20080307a1.html

Meanwhile, new, improved, centralized Gaijin Cards with IC Chips (ZG Nov. 22, 2005) are in the pipeline to keep the policing system evolving.
Source: https://www.debito.org/?p=1431

Even more examples: 1) Police stopping Japanese and rifling through their backpacks (vernacular articles have even started advising readers that this is in fact still illegal).

2) More public surveillance cameras appearing nationwide, after Japan’s first neighborhood “foreign crime” cameras were installed in Kabukicho in February 2002. According to NHK (July 1), Tokyo is getting 4000 new ones for the Summit; temporarily, we hope.
Source: https://www.debito.org/opportunism.html

And of course, as readers know full well by now, 3) the G8 Summit security overkill, converting parts of Japan into a temporary police state for the sake of catching “terrorists” (foreigners, natch) (ZG Apr 22).
Source: https://www.debito.org/?p=1639

What’s next? How about fingerprinting everyone, and forcing them to carry RFID tracking devices? Hey, if you’ve done nothing wrong, you’ve got nothing to fear from extra surveillance, right? Besides, the gaijin have already set the precedent.

The moral here is as below, so above. Our fellow native residents should not think that they won’t be “gaijinized” just because they are citizens. No matter what the Supreme Court writes about the power of citizenship, when it comes to the erosion of civil rights, non-citizens are the canaries in the coal mine.
ENDS
1320 words

========================================
SIDEBAR (180 words)
Checks and balances in ID Checks

According to Mark Butler’s consultations with the police, without probable cause of a crime, police cannot stop and demand ID from citizens (see full article). However, “probable cause” goes grey when, for example, you are on a bicycle (“I need to check it’s not stolen”) or you look foreign (“is your visa valid?”).

That’s why their first question is about your nationality. If not Japanese, they can apply the Foreign Registry Law and demand your Gaijin Card. If Japanese, legally they have to let you go.

But cops are now finding excuses to stop Japanese: Backpackers might be carrying drugs or knives, high schoolers tobacco or alcohol, etc. That’s how they’ve been circumventing the law for Summit security overkill.

Imagine interrogating a non-Asian who turns out to be naturalized or with NJ roots. With no Gaijin Card, and no way to prove he’s Japanese. If there’s no “bike or backpack” excuse, and an audio recording of the proceedings hits the media, this extralegal harassment may be unmasked as racial profiling.

We’re waiting for that test case. Or rather, I am.

ENDS

Hokkaido Shinbun: Summit Activists get sequestered to faraway campsites

mytest

Hi Blog.  I guess this is better than Bush’s “Free Speech Zones“, but only marginally.  Places like Tobetsu are more than 100 kms from the Summit site.  Arudou Debito in Niseko

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

Sapporo and Tobetsu provide campgrounds to civil activists (July 3, 2008)
http://www.hokkaido-np.co.jp/cont/g8summit_news/33142.html?_nva=10

Campsites for civil activists from around the world who are visiting the area for the Hokkaido Toyako Summit were set up in Sapporo and Ishikari Subprefecture’s Tobetsu Town on July 3. Approximately 30 campers from the United States, Germany and other countries arrived in the morning at the Disaster Reserve Center in Tobetsu Town, which has been set up in a closed school, and immediately pitched tents there.

A total of 300 visitors are expected to flock to the sites between now and July 6, and voluntary study meetings are scheduled to be held there. The Sapporo International Exchange Camp Executive Preparation Council (the organization managing the campgrounds) intends to use the sites as spaces to discuss ways of internationalization in a style different from the talks led by the G8 nations.

The city of Sapporo also opened the Nishioka Youth Campground in Toyohira Ward on July 3. The city had designated the campground to the council in response to its request for such a facility, but because the council rejected the site due to issues with its management, more civil activists are expected to stay at the Tobetsu Town campground.

The Summit’s venue town of Toyako in Iburi Subprefecture will also open four campsites on July 6, the day before the event begins. At one of these sites in the forest park of the subprefecture’s Toyoura Town, JR Hokkaido employees will be dispatched to the unmanned JR Rebun Station nearby. Staffing levels will also be increased to prevent confusion at JR Date-Mombetsu Station, where NGOs will operate shuttle buses.

ENDS

Japan Times: ¥60 billion G8 Summit budget draws flak, amid social shortfalls

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.  Doing some stuff this weekend near the Summit site, not sure if I’ll be able to access the Net, so meanwhile, here’s some important information on just how deep the rot goes when it comes to these Summits.  It’s not just a matter of the public being inconvenienced.  Their taxes are being raided for these events.

I watched NHK’s special on the Summit last night (75 minutes’ worth), and got the lowdown on security (it’s the largest police presence ever assembled for a Summit, they said–10,000 bentos prepared every day, every meal).  But what I thought most interesting was the first 25 minutes spent on what the hotel’s service (particularly the food–this is Japan, natch) was going to be like for Summit attendees.  It’s not as though world leaders get enough privileges, after all.  But all I could do was drool at the amount of time and preparation being put into service (Carla Bruni likes Italian food, Sarcozy likes chocolate) and what looks to be wonderful delicacies (even the potatoes have been aged 4 months underground!).  

Anyway, read on for more facts and figures.  And enjoy Mori’s caviar.  Debito in transit

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

G8 COUNTDOWN
¥60 billion G8 budget draws flak
Although less than 2000 outlay, critics see amount as excessive amid social shortfalls
Japan Times July 1, 2008
By TAKAHIRO FUKADA Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20080701f1.html

Japan plans to spend more than ¥60 billion in taxpayer money to host next week’s Group of Eight summit in Hokkaido and related events, prompting some to question if that sum could better be used to alleviate the national health-care and social welfare crises.

The summit will be held in Toyako, Hokkaido, from Monday to July 9, when leaders of Britain, Canada, France, Germany, Italy, Japan, the United States and Russia plan to discuss the world economy, climate change, African development and other political issues, including nonproliferation.

Japan last hosted the annual summit in 2000 in Kyushu and Okinawa.

That and related events cost in excess of ¥80 billion, about ¥20 billion more than the budget for this year’s gatherings, said Kenichi Masamoto, a Foreign Ministry official in the G8 summit secretariat.

“The previous (Japanese) summit was held for the first time in a provincial area. So we wanted no mistakes and tried to provide as much hospitality as possible,” Masamoto said. Before the Kyushu-Okinawa gathering, Japan hosted three summits, all in Tokyo.

Masamoto admitted the Kyushu-Okinawa gathering drew public criticism about spending at a time when Japan’s economy was in a prolonged slump.

During the leaders’ banquet hosted by Prime Minister Yoshiro Mori, they feasted on black Russian caviar, lobster from Bretagne, France, and Foie gras.

Souvenirs were also given to the leaders, their wives and journalists.

They included wine glasses with their names inscribed, clothing by famous designers, lacquer letter boxes, IC recorders and Licca-chan dolls.

This time, the government hopes to stage a “compact” summit, Masamoto said.

“We are trying as much as possible not to be wasteful,” he said.

Of the ¥60 billion-plus to host the meetings, about ¥30 billion will be used by the National Police Agency for patrolling the venues, including taking counterterrorism measures, and about ¥25.5 billion will be spent by the Foreign Ministry.

The Defense Ministry and Japan Coast Guard budgeted around ¥1 billion each for transporting the leaders and patrolling sea areas near the venue.

The Foreign Ministry plans to spend around ¥9 billion on preparing the communications infrastructure between the summit venue in Toyako and Rusutsu, where the international media center will be located.

The ministry budgeted around ¥5 billion for the media center, which is constructed on a parking lot in a ski resort and will accommodate around 3,000 people from the press and governments.

Inside and outside the center, cutting-edge environmental technology, including fuel cells and heat pumps, will be exhibited.

The center itself boasts eco-friendly features, including solar panels, “green” walls and a snow cooling system.

Once the summit is over, however, the building will be demolished.

“Originally, (the site) was a parking lot,” Masamoto said. “The summit is an unusual situation, and when the leaders gather, the world’s eyes will be on them and thousands of journalists will be on hand.

“The building was constructed to handle this temporary, special demand. It will be removed when the event is over.”

In Toyako, five working lunches and dinners are scheduled involving the G8 and other countries’ leaders. Masamoto declined to disclose how much has been budgeted for the meals, because they are still being coordinated.

Japan again plans to pass out souvenirs to the leaders, their aides and the press, he said.

Although Masamoto again refused to fully disclose the budget and planned gifts for the same reason, he said the government wants to give the leaders “something good with the theme of the environment and tradition.”

Gifts being considered include writing implements for the leaders’ aides and chopsticks, “furoshiki” wrapping cloth and “uchiwa” fans for the press corps, he said.

With the gifts, Masamoto said the government hopes the participants and media learn about Japan, Hokkaido and the environment.

Toshio Nagahisa, an executive director at think tank PHP Research Institute specializing in political science, said that although the expenditures for hosting the gatherings must be streamlined, they are necessary outlays.

“The important thing is that the money must be spent to ensure problems do not occur at the meetings,” Nagahisa said. “It is also very important to guarantee the leaders’ safety.”

One expert meanwhile opined that too much public money was being spent just to host the event.

“Why does Japan have to continue being a friend of the advanced countries to this extent?” asked Toshimaru Ogura, a political economy professor at the University of Toyama critical of the annual G8 gathering.

“With the tight fiscal situation stemming from Japan’s aging society, I wonder if (taxpayers) really support spending ¥60 billion over just a few days’ time.

“That ¥60 billion could instead go toward strengthening the manpower of the Social Insurance Agency and coping with various ongoing medical-care and social security issues,” Ogura pointed out.

The Foreign Ministry said it has no comparable data of other countries’ budgets for past G8 meetings.

But according to the British government’s Web site, the U.K. budgeted about £12.1 million, or around ¥2.6 billion in present value, for the 2005 summit it hosted in Gleneagles, Scotland.

The Japan Times: Tuesday, July 1, 2008
ENDS

On-Site Briefing: Summit seeps into Sapporo on little cat feet…

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

Good morning blog. I’ll just put up a brief entry for today, as things are so hectic and full of distractions that it feels like the first week of college. Out every night with journalist friends, corresponding every day with a number of projects (including stringer stuff) both Summit-related and non.

For now, here’s an on-site report from a Sapporo resident (me) re the final days before the Toyako Summit:

The feeling right now is one of holding one’s breath, waiting for the Summit to come in like a great fog and enshroud us for a few days. Media has the perfunctory reports about goals, logistics, and the occasional voice from the curbside decrying inconvenience. But it at times almost feels like the journalists are taking a deep breath for a few days before exhaling.

Security, naturally, is pretty tight. Friend Olaf reports from Chitose (where he works, and where everyone flies in for the Summit) that there are dozens of cops standing guard around bridges, intersections, sidewalks, traffic arteries, you name it. He’s been stopped at the airport for ID checks (same as all foreign-looking passengers), but so far, even when cycling to work, no stoppages so far. He anticipates that will change once the bigwigs fly in, understandibly.

Around Sapporo and environs, the trainspotter-types are playing “collect the cop cars”, i.e. police vehicles from all over Japan (their prefectural affiliations are written on their sides) are now careening, lights flashing, around Sapporo city streets, Hokkaido toll expressways, and all the arteries between Tomakomai and Sapporo (including cities in between of Kitahiroshima and Eniwa). And we aren’t even talking about going into the mountains (something I will be doing tomorrow) where the Summit is being held. One friend remarked about how the pilferers around the rest of Japan must be having fun with the reduced police presence elsewhere.

Police are guarding every corner nearby Sapporo’s five consulates (US, South Korea, Russia, China, and Australia), and are no doubt keeping an eye on the honorary consulates and trade missions. Nearby parks have either daystick-brandishing cops, or else the occasional private-security watchdogs on alert (the Subway between government buildings and Odori has carried marshalls on either end of the car, for one stop only). And of course, major train stations have our boys in blue in reasonable riot gear. Traffic delays are starting to appear (one of my students reported he would be late to class this morning due to them), and yesterday, the toll roads indicated that the security forces would be carrying out a drill to seal off on-ramp entranceways (I missed it, fortunately.)

This is, of course, Sapporo, 70 kilometers as the crow flies from Toyako. I shudder to think what’s happening in Tokyo (700 kms away), Osaka (even further), and elsewhere (where reports in the comments section to Debito.org indicate similar developments).

Naturally, racial profiling continues at Chitose Airport unabated, with all of my NJ journalist friends (and only them, they say) so far being stopped by police and ID-ed as they exit baggage claim. My complaint seems to have had no effect. All any terrorist group has to do is send an Asian and they pass unscreened.

Final word for now: It seems the Japanese police are more concerned about giving the appearance of security than creating actual security. A friend of mine, trained in undermining infrastructure and assassination (yes, I talk to a lot of people) due to his stint in a foreign military, has eyewitnessed numerous flaws in the Chitose security (such as being able to drive a van into Chitose with tinted windows–and not be stopped! Could have brought in all manner of subversive elements that way). And that any trained assassin is capable of coming months before the event and hiding out in the woods until needed. He doubts that we’re significantly more secure after all this expense, public inconvenience, and precedent renewed of subverting Japan’s civil society.

Forget these summits. How about a video conference for world leaders? Stop putting overreactive societies like Japan through these sorts of things. Arudou Debito in Sapporo

Narita Customs Cannabis and Sniffer Dog Training part 2: Kyodo says it’s happened 160 times since last September

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. Updating older issue about Narita Customs lacing NJ bag with drugs to test their dogs. Narita originally said it was one bad egg. Kyodo reports that it’s definitely not an isolated incident. Amazing what people think they can get away with… More on that in my next Japan Times article next Tuesday. And read all the way to the end of the article for a bonus irony. Arudou Debito in Sapporo
==============================
Customs say officers have planted drugs in unwitting travelers’ bags 160 times for training
Kyodo News/Japan Today Monday 30th June, 03:36 PM JST
Courtesy of Adamu and Max
http://www.japantoday.com/category/national/view/customs-say-officers-have-planted-drugs-in-unwitting-travelers-bags-160-times-for-training

NARITA —Three customs officers have planted packages of cannabis resin in the luggage of travelers arriving at Narita International Airport outside Tokyo without notice a total of 160 times since last September to train drug sniffer dogs, Tokyo Customs said Monday.

Disciplinary actions have been taken against the three officers and nine senior customs officials as such acts are banned under Tokyo Customs’ in-house rules.

Among the three was a 38-year-old customs officer who planted cannabis resin in the luggage of a traveler from Hong Kong earlier this year.

The officer failed to retrieve the resin before the traveler got his luggage and left the airport on May 25. The following day, Tokyo Customs recovered the 120 grams of resin at a Tokyo hotel where the traveler was staying.

The officer, who has been found to have planted drugs in travelers’ bags 90 times, has been suspended from duty for three months in a disciplinary action.

A 10% salary cut for three months has been imposed on two other customs officers who also planted packages of cannabis resin in travelers’ luggage 10 and some 60 times, respectively.

The head of Tokyo Customs was among the nine senior officials who were also given pay cuts and warnings.

Tokyo Customs said it has banned its officers from putting drugs in travelers’ luggage without notice for the training of sniffer dogs.
ENDS
=========================

Now check out this irony. What an odd dovetail:

=========================
Japan’s candidate elected to top post of world customs body
Japan Today Sunday 29th June, 12:02 AM JST

http://www.japantoday.com/category/business/view/japans-candidate-elected-to-top-post-of-world-customs-body
BRUSSELS —

A candidate fielded by Japan for the top post of the Brussels-based World Customs Organization won an election on Saturday, becoming the first Asian chief of the body that promotes harmonization of customs procedures worldwide.

WCO Deputy Secretary General Kunio Mikuriya, 54, a former Japanese Finance Ministry official, beat eight other candidates to succeed Secretary General Michel Danet of France, whose term will expire at the end of 2008.
=========================
ENDS

Wonder what his first move will be in regards to this? Debito

Japan Times on dangerous precedents set by G8 Summit security overkill

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.  DR sent this article as a comment to yesterday’s blog, but it’s worthy of an entry all it’s own.  It says what Debito.org has been saying all along–that security overkill sets dangerous precedents for everyone in Japan.  Arudou Debito

============================
G8 COUNTDOWN
G8 security steps hit as dangerous precedent
The Japan Times, Saturday, June 28, 2008
By ERIC JOHNSTON, Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20080628a5.html

KYOTO — Their region having played host to three Group of Eight ministerial conferences over the past month, many in Kansai are breathing a sigh of relief and hoping the security measures that residents, and even summit participants, found excessive are now in the past.

But human rights activists warn the heavy police presence and security checks seen in Kansai are setting a dangerous precedent for next month’s G8 summit in Hokkaido and future international events throughout Japan.

In May, Kobe hosted the G8 environment ministers meeting amid unusually tight security.

Several days before the summit, some local media got wind that a ship belonging to Sea Shepherd, the conservation group that clashed with the Japanese whaling fleet earlier this year, might dock in Kobe during the event.

NGOs present in Kobe suspect the rumor, which turned out to be false, was started by Japanese police seeking to justify the huge amount of money being spent on security this year for all of the related summits.

Kobe’s Port Island, the site of the environment ministers conference, was a virtual fortress during the event, with traffic heavily restricted, many roads blocked off and hundreds of uniformed police officers and plainclothesmen patrolling the area.

Inside the Portopia Hotel, where the ministers met, guests and visitors had to undergo strict security checks that surprised even the top U.N. top climate change negotiator.

In Osaka, police began warning commuters in late April of security checks in subways for the two-day G8 finance ministers meeting in mid-June.

Traffic checks on the narrow, always crowded streets around the Osaka International Convention Center — the site of the meeting — tested the patience of many Osakans, a group not noted for their forbearance.

But the Kobe and Osaka events were topped by the security at the foreign ministers meeting in Kyoto on Thursday and Friday. Nearly 6,200 police officers were mobilized for the meeting.

Non-G8 visitors to Kyoto before and during the conference discovered that coin lockers in Kyoto Station were sealed and the Kyoto Imperial Palace, where the Kyoto Guesthouse is located, was closed off.

The Kobe and Osaka meetings saw no major demonstrations. But on Wednesday night, nearly 300 anti-G8 demonstrators marched peacefully through the streets of Kyoto.

Riot police shepherded the marchers through Maruyama Park and the historic Gion district while plainclothesmen, their faces hidden behind white masks and sunglasses, videotaped the demonstrators.

On June 10, Kyoto police raided the office of a local anti-G8 activist and arrested him on a four-year-old charge of illegally applying for unemployment insurance.

On Thursday, a South Korean labor activist opposed to the G8 meetings was forced to return home after being denied entry to Japan.

Cheong Ui Heon arrived at Kansai International Airport on Wednesday and was planning to take part in a demonstration that night, but was detained by Immigration authorities after allegedly being told the purpose of his trip to Japan was too vague.

Jun Yamamoto, secretary general of Asian Wide Cooperation Kyoto, an anti-G8 NGO, said it was clear both the June 10 arrest and the refusal to allow the South Korean activist into Japan were aimed at intimidating those the government fears, and warned the heavy security seen in Kansai this past month bodes ill.

 

“The G8 summits have provided a dangerous pretext for the authorities to use preventing terrorism as an excuse to violate the constitutional rights of Japanese and the human rights of foreigners entering Japan. As bad as the security in Kansai was, it’s going to be worse at Hokkaido next month, ” Yamamoto said.

ENDS

Registered overseas journalists being detained, refused entry into Japan due to Summit

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. Forwarding from Ms Kimura Kayoko, freelance writer for online independent internet newspaper Nikkan Berita (http://www.NikkanBerita.com). Original Japanese in previous blog entry. Translation mine. Arudou Debito

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

REPORTS OF DETENTIONS UPON ENTRY AT TOKYO IMMIGRATION

Recently, as the eve of the G8 Summit approaches, we are seeing incident after incident of non-Japanese being stopped at airports.

NJ who are coming here for G8 Summit activities (including reportage and convocations), without connections to governments or major press outlets, are apparently being subjected to background searches.  24-hour detentions are not unusual.

Last night (June 27), three Hong Kong citizen journalists who have been registered with the Citizens’ Media Center (Sapporo) were detained by Immigration, and were on the verge of being deported.

This morning, Susan George (ATTAC France) was stopped and questioned at the airport.  Ms George is 74 years old, and her detention demonstrates a lack of humanity on the part of authorities.

Similar measures on the part of Immigration are forecast to continue in this vein.

Japan, as host to this Summit, is a developed country with a democracy.  It is shameful for a member of the international community to treat visitors from other countries in this fashion.

And detaining, even refusing entry to, international journalists and media coming in for the Summit is a suppression of freedom of expression.

This is developing into a large international issue, with constraints being placed upon the length of stay for journalists belonging to international journalistic associations.

Journalists and international media people often have to cover unforeseen events, and cannot always tell Immigration in advance their exact itinerary or schedule.  This is normal.  However, people having schedules with free days are apparently being turned away at the border.  

Journalists who are not members of the major media are also coming to Japan, covering the Summit from the point of view of the general public.  Suppressing those people’s activities is depriving the public of a chance to have their voices heard, and only promotes overemphasis on the reports from the powers that be.

We wish to draw more attention to this problem so that more visitors can come overseas and enter Japan more smoothly.  We would like your help.  Anything you can do would be welcome.

Further, here is the phone number for Narita Immigration:

0476-32-6774

Also, the G8 Media Network will be having a press conference on Monday, June 30, with the detained media figures and Dietmembers in attendance.  More details here as they become available.

Kimura Kayoko

info AT berita DOT jp

ENDS

サミットの関係で、外国人ジャーナリストが拘束、強制退去

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
本日いただいた文を転送します:

有道さん

東京より外国人入国時の拘束に関する情報がはいりましたので、メールさせていただきます。

G8サミットが目前に迫った昨今、外国人が空港で足止めされるという事態があいついでいます。

政府関係者および大手メディア以外の目的で、G8関係の活動(取材、講演会を含む)のために訪れる外国人は事情聴取が必要で、24時間の拘束は珍しくないそうです。

昨晩(6月27日)、市民メディアセンター(札幌)に登録済みの香港・市民ジャーナリスト3人が入管に拘束され、強制退去寸前という事態が発生しました。

今朝は、スーザン・ジョージさん(ATTAC France)が空港で足止めされているとのことです。74歳のジョージさんを拘束するのは、人道上の配慮にも欠けていると思われます。

今後もこのような入管措置は続くと予想されます。

今回のG8サミットのホスト国であり、先進国であり、民主主義国家である日本が、外国からの訪問者をこのように扱うのは、国際社会の一員として恥ずべきことです。

G8の取材で入国しようとしているジャーナリストやメディア関係者の拘束(場合によっては入国拒否)は、表現の自由を抑圧する行為です。

国際ジャーナリスト連盟に所属しているジャーナリストも滞在期間を制約され、国際問題として大きく発展しつつあります。

ジャーナリストやメディア関係者というのは、不測の出来事を取材するケースが多く、入国の際にあらかじめ取材日程を決めることができず、スケジュールが埋まっていないのが普通です。しかし、予定がない日が数日あると、その前に帰国を命じられることもあるそうです。

大手マスコミ以外のメディア関係者は、市民の視線でG8を取材するために来日しています。彼らの活動の抑制は、市民の声を伝える機会を奪い、権力側に偏重した報道を助長させるだけです。

こうした問題を顕在化し、海外からの訪問者が速やかに入国できるよう、みなさまのお力をお借りしたいと思います。

できる範囲で結構ですので、ご協力どうぞよろしくお願いいたします。

なお、成田空港の入管の連絡先は以下の通りです。

成田入管 電話:0476-32-6774 

また、G8メディア・ネットワークでは、月曜日に東京で、拘束された当事者や国会議員を交えた記者会見を予定しているそうです。

詳細が決まりましたら、ご連絡させていただきます。

(日刊ベリタ 記者 木村嘉代子 著)

http://www.NikkanBerita.com

info AT berita DOT jp
以上

国土交通省から全国のホテル宛の指令:「サミットのテロ対策」として「外国人宿泊客の旅券確認強化」Ministries order all hotels nationwide to target all “foreign guest” passports

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.  Only yesterday we heard from the Hokkaido Police that NJ were not being specially targeted as terrorists (despite all the evidence presented) for spot ID checks in public places due to the G8 Summit.

Well, I just received even more information today from old friend Tyler at Kamesei Ryokan in Nagano that contradicts this claim.

The ministries have just told all hotels nationwide once again in a directive dated June 4 that they should be checking passports from “foreign guests” (despite mentioning in the small print that this should only apply to “foreign tourists”).  Only this time the new gloss is this is part of “anti-terrorism moves during the G8 Summit”.  Yes, all “foreign guests”.  Yes, because any “foreign guest” (as opposed to any Japanese, who still do not have to show any ID at check in) might be a terrorist.  And yes, in hotels nationwide, as far away from the Summit as Nagano, in this case.

Hotels have been resisting this because of the meiwaku caused guests.  But the directives below make it clear that photocopies of passports must be taken and kept for future reference.  So now groups of foreign guests are required to submit their own photocopies of their passports.  Yeah, that’ll fix things.

Still want to make the argument that NJ are not being specially targeted as terrorists?  I’m sure the Hokkaido Police would.  But that would be pretty poor detective work based upon the evidence.

Thanks Tyler.  Arudou Debito in Sapporo

NOTICES FROM THE MINISTRIES (two pages received):

道新:

道警に抗議文を提出し、記者会見する有道出人さん=25日、北海道庁
http://www.hokkaido-np.co.jp/news/summit/101006.html

 主要国首脳会議(北海道洞爺湖サミット)の警備をめぐり「職務質問の標的を外国人に絞っているのは人種差別だ」として、北海道情報大学准教授で米国系日本人の有道出人さん(43)=札幌市=が25日、道警に抗議文を提出したことを記者会見で明らかにした。

 抗議文などによると、有道さんは19日午後、新千歳空港で外国人を対象とした職務質問を受けた、と主張。ほかの空港やフェリー乗り場などでも同様の警備が行われており「警察官の仕事は評価するしテロ警戒も必要だが、外見や人種で差別する形での職務質問は過剰警備だ」としている。道警は要請文として文書を受け取ったという。

 道警外事課は「日本人や外国人に関係なく、必要なときは声掛けしている」とコメントした。

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

そう?

J Times: Radical GOJ immigration plan under discussion

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.  Excellent article on the future of Japan’s immigration policy.  Yes, policy.  From–where else?–the Japan Times.  Debito
==================================
The Japan Times Thursday, June 19, 2008

Radical immigration plan under discussion

By MINORU MATSUTANI Staff writer

Foreigners will have a much better opportunity to move to, or continue to live in, Japan under a new immigration plan drafted by Liberal Democratic Party lawmakers to accept 10 million immigrants in the next 50 years.

“The plan means (some politicians) are seriously thinking about Japan’s future,” said Debito Arudou, who is originally from the United States but has lived in Japan for 20 years and became a naturalized citizen in 2000. “While it is no surprise by global standards, it is a surprisingly big step forward for Japan.”

The group of some 80 lawmakers, led by former LDP Secretary General Hidenao Nakagawa, finalized the plan on June 12 and aims to submit it to Prime Minister Yasuo Fukuda later this week.

The plan is “the most effective way to counter the labor shortage Japan is doomed to face amid a decreasing number of children,” Nakagawa said.

While establishing an environment to encourage women to continue to work while rearing children is important to counter the expected labor shortage, bringing in foreign workers is the best solution for immediate effect, said the plan’s mastermind, Hidenori Sakanaka, director general of the private think tank Japan Immigration Policy Institute.

“We will train immigrants and make sure they get jobs and their families have decent lives,” Sakanaka said in explaining the major difference between the new plan and current immigration policy. “We will take care of their lives, as opposed to the current policy, in which we demand only highly skilled foreigners or accept foreigners only for a few years to engage in simple labor.”

Japan had 2.08 million foreign residents in 2006, accounting for 1.6 percent of the population of 128 million. Raising the total to 10 million, or close to 10 percent of the population, may sound bold but is actually modest considering that most European countries, not to mention the U.S., have already exceeded this proportion, Sakanaka said.

Fukuda outlined in a policy speech in January his aim to raise the number of foreign students to 300,000 from the current 130,000, but without specifying a timetable.

However, the immigration plan calls for the goal to be achieved soon and for the government to aim for 1 million foreign students by 2025. It also proposes accepting an annual 1,000 asylum seekers and other people who need protection for humanitarian reasons.

Akio Nakayama, manager of the Tokyo office of the Geneva-based International Organization for Migration, said the important thing about the new plan pitched by the LDP members is that it would guarantee better human rights for immigrants.

“The plan emphasizes that we will accept immigrants, not foreign workers, and let them live in Japan permanently,” Nakayama said.

“The most remarkable point is that immigrants’ family members are included,” he said. “I have never seen this in similar proposals.”

Also, he praised the plan for proposing changes to the resident registration law to allow children born in Japan to foreign parents to have Japanese citizenship. Under the current Nationality Law, one of the parents must be Japanese and the parents must be legally married for their children to have Japanese citizenship.

This provision, however, was recently ruled unconstitutional by the Supreme Court, allowing 10 children born to Filipino mothers and Japanese fathers out of wedlock to gain the right to Japanese nationality.

The plan also includes establishing an entity to be called the Immigration Agency to integrate related duties that are now shared by multiple government bodies.

Among other proposals, the plan calls for extending the maximum duration of student and working visas to five years from the current three, easing the conditions for granting permanent resident status, setting up more Japanese-language and culture centers overseas and outlawing racism.

Arudou, a foreigners’ rights activist, noted the importance of establishing a legal basis for specifically banning discrimination against non-Japanese.

“Founding a legal basis is important because people do not become open just because the government opens the door,” he said.

Also under the plan, the foreign trainee program, which supports Japanese companies and organizations that hire foreigners to work up to three years in Japan, would be abolished. Some trainees who have come to Japan under the program have sued their employers, claiming they have been abused with minimal pay and harsh working conditions.

This set of bold proposals appears positive, but Minoru Morita, a political critic at Morita Research Institute Co., doubts Nakagawa’s plan will be formally adopted by the LDP anytime soon.

“Expanding immigrants to this large of a scale may cause social instability,” he said. “Nakagawa will face difficulty gaining support from LDP colleagues and ministry officials.”

He added that Nakagawa may have come up with the plan because he could be angling to become the next prime minister and would therefore want to stand out with a bold policy proposal. “Nakagawa may have to water down the proposals,” Morita said.

Fears over the consequences of bringing in more foreigners are probably shared by many in a country where people consider themselves highly homogeneous.

“Immigrants surely bring dynamism to the Japanese economy, as well as crime,” said a researcher at a public entity studying crimes committed by foreigners. The researcher asked not to be named.

While the researcher admitted immigrants would be better treated if the new plan were adopted and thus their motivation for committing crimes would decrease, he added: “But what if they lose their jobs? What if the economy worsens? We cannot take better care of unemployed immigrants than Japanese because we should treat them equally.”

Goro Ono, author of “Bringing Foreign Workers Ruins Japan,” does not think bringing in immigrants is necessary.

Ono, an honorary professor at Saitama University, said he does not believe Japan is facing a labor shortage now or in the future.

“If industries where labor is in high demand pay adequate salaries, people will work there,” he said.

Ono said nursing is a good example. Japan is actively bringing in Indonesians and other foreigners to cover a dire shortage because nurses here are woefully underpaid, he said, while on the other hand public entities never have trouble finding garbage collectors because they get decent salaries.

Ono also brought up the lack of discussion about the cost of preparing the infrastructure to accept more immigrants.

Sakanaka is ready to face such criticism just as all revolutionaries have in the past. His proposals would shake up Japan from the inside and it would be a historical moment if they all became law, he said.

“The Meiji Restoration was the first stage in opening up the country to foreigners,” he said. “Now we are entering the second stage.”

ENDS

Japan Times Eric Johnston speaks for HIBA Sapporo July 10 on G8 Summit aftermath

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
****** Post Summit HIBA meeting*****
Please keep Thursday the 10th of July free. The Hokkaido International Business Association will deliver and provide a very interesting meeting.

Eric Johnston from the Japan times will be speaking to HIBA and invited guests. Topic:

“G8 LEADERS’ SUMMIT WRAP-UP–WHAT’S NEXT?”
By ERIC JOHNSTON, Deputy Editor, The Japan Times

 

With the Group of Eight (G-8) Leaders’ Summit concluding on July 9th, the world is now asking what next for progress on a post Kyoto Protocol climate change treaty, aid for Africa, the price of oil, the food crisis, and other issues that G-8 leaders addressed. Did the Lake Toya Summit make any progress on these issues, or was it a waste of time and taxpayer money?

 

At the same time, many in Hokkaido are anxiously wondering what, exactly, the effect of hosting the summit will have the region’s economic and social development. Hopes are high, but are they too high? Meanwhile, Japan’s English language media, seeing the sharp increase in international tourists to Hokkaido these last few years, are now wondering if the summit will lead to more foreigners visiting and moving to Hokkaido.

 

Eric Johnston, deputy editor of The Japan Times, will address these summit-related questions in a presentation on July 10th, the day after the summit’s conclusion. A two-decade resident of the Kansai region, Eric covered the U.S. delegation at the Lake Toya summit. He has been a frequent visitor to Hokkaido since 2001, having visited the region over a dozen times. Eric is especially eager to meet HIBA members, and get their advice on how The Japan Times might better service the Hokkaido region.

A room at Kaderu 2.7, downtown Sapporo, has been reserved. Meeting from 7pm.
Please find the URL re the location of Kaderu 2 7.

http://www.kaderu27.or.jp/select_07.html

We are in room 110 (1st floor) which has a capacity of about 30 people.

A wrap up of the summit as well as media issues in Japan will be discussed by Eric. It is not every day we have someone like Eric agree to speak at one of our meetings. Please support by your attendance. An RSVP is required to ensure you get somewhere to sit.

Regards, Craig Parkhill, HIBA

ENDS

外国人政策研究所 事務局 坂中英徳 著:「日本型移民政策の提言」

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 is Japan Immigration Policy Institute’s Mr Sakanaka Hidenori’s proposal for a new immigration policy for Japan (more from Mr Sakanaka on Debito.org here).  Dated June 12, 2008.  Arudou Debito in Sapporo

私が作成に関わった「日本型移民政策の提言」を添付します。ご覧ください。

外国人政策研究所所長 坂中英徳

*****************************
外国人政策研究所 事務局
〒108-0014
東京都港区芝4-7-6 尾家ビル5F
TEL 03−3453−5901
FAX 03−3453−5902
*****************************

E−mail info@jipi.gr.jp
URL        http://www.jipi.gr.jp/

人材開国!

日本型移民政策の提言

世界の若者が
移住したいと憧れる国の構築に向けて

中間とりまとめ=

Ⅰ 政策の理念

1.移民立国で日本の活性化を図る

2.日本文明の底力を活かす

Ⅱ 日本型移民政策の骨格

1.日本人口の10%を移民が占める「移民国家」へ

2.「育成型」移民政策を推進する

3.日本型移民政策の基盤整備

4.社会統合・多民族共生のための施策

5.人道的配慮を要する移民の受け入れ

Ⅲ 直ちに取り組むべき事項

2008.6.12

自由民主党 外国人材交流推進議員連盟

 

 

Ⅰ 政策の理念

1.移民立国で日本の活性化を図る

    日本は世界のどの国も経験したことのない高齢化社会の道を歩み始めた。

  加えて、 ほぼ時期を同じくして、未体験の人口減の時代に入った。人口減はテンポを速め、その重圧が社会全体を覆いつつある。

    50年後の日本の人口は3分の2に落ち込み、9000万人を下回るという政府推計がある。

  そのとおりだとすると、国の様相は一変しているはずである。過疎が進む日本の原風景はどのような姿をさらしているのだろうか。社会の活力は枯渇していないだろうか。

    一国の人口推移は、人の出生、死亡、国際人口移動の3つの要因によって決まる。

人口減少問題への取り組みとして、政府は出生率を高めるため保育サービスの充実などに全力を挙げている。しかし、人口問題の専門家によると、少子化対策の効果が現れるとしても、それは遠い将来の話ということである。

したがって、日本の人口危機を救う効果的な治療法は、海外からの移民の受け入れ以外にないのである。日本の生きる道は、世界に通用する国際国家として自らを世界に開き、移民の受け入れにより日本の活性化を図る「移民立国」への転換である。

    新しい国づくりのためには、適正な移民受け入れを進める「移民政策」を打ち出す必要がある。

国民のコンセンサスも不可欠だ。だが、何より求められるのは、移民開国への国民の決意と覚悟がいることである。外国人を移民として迎える以上、彼らが安心して働くことができる職場を用意しなければならない。移民ニーズに対応した社会経済制度の改革が必要である。

 日本が未曾有の数の移民を受け入れるのであれば、日本民族と他の民族がお互いの立場を尊重し合って生きる社会、すなわち「多民族共生社会」を作るという日本人の覚悟が求められる

そのとき日本人に求められるのは、自らの民族的アイデンティティを確認し、かつ異なる民族すべてを対等の存在と認める心構えを持つことである。日本民族の根本精神を堅持するとともに、少数民族の固有文化を尊重しなければならない。

    日本型移民政策を提唱する。

ここで「日本型」と言うのは、人材を「獲る」のではなく「育てる」姿勢を基本にする、日本独自の「育成型移民政策」であることを強調するためである

意欲のある外国人材を、各産業分野を支える技能者・職人などに育成し、できるだけ早く日本国民として地域社会に根を下ろしてもらうようにするものである。

移民に対する手厚い教育を施し、日本人と良好な関係を築く「新たな国民」を生み出すのが、日本型移民政策の核心である。国民が懸念する治安の悪化を招くことのない外国人受け入れ制度である。

 
      

<移民の定義>

国連事務総長報告書による「通常の居住地以外の国に移動し少なくとも12ヵ月間当該国に居住する人のこと(長期の移民)」国連事務総長報告書による)

 

 

 

 

 

 

 

     日本の文化と伝統を世界に開放し、日本列島に住む様々な人間が切磋琢磨することで新しい価値を創造する「多文化社会」の構築も課題となる。

そして、高い志を持つ世界の若者がこぞって移住したいと憧れる国、人道支援・国際貢献のための移民受け入れにも力を入れて、世界から評価される国を目指す。

     改革に消極的だとして海外から「日本売り」が言われている今こそ、政治の責任で、人口危機にある日本がどんな国家を目指すのか、明確なビジョンを発信すべきである

「人口危機に立ち向かうため日本は『移民国家』へ移行する」と政治が決断すれば、国際社会は国の形を「多民族国家」に変える究極の構造改革を評価し、「日本買い」に転じるだろう。

 

2.日本文明の底力を活かす

     極東に位置する島国であり、社会の均一性が相対的に高いとみなされている日本は、移民の受け入れに適さないという声がある。欧米に比べて移民の受け入れ経験が少ないことは事実である。

しかし、厳しい試練の時を迎えて、日本の未来に危機感を抱く国民が移民国家建設のため立ち上がれば、50年間で1000万人規模の移民受け入れを達成することも決して夢でない。幸い日本には、移民が快適に暮らすことができる制度、精神風土、環境が整っている。

 

第1に、長年にわたり蓄積されてきた産業技術と、卓越する世界企業の存在である。

高い生産効率を実現することで世界経済を先導してきた産業立国としての日本のネームバリューは、気概に満ちた世界の若者を惹きつけるに違いない。

高い教育水準と充実した高等教育施設も、今後、留学生の受け入れを大幅に増やすための教育資源となる。

 

第2に、日本社会には「人の和」や「寛容の心」を重んじる精神的基盤がある。

日本の社会は、宗教を見ても神道・仏教・キリスト教などが仲良く共存している。古来、日本は「和をもって貴しとなす(十七条憲法)」を基本とする国柄であった。多様な価値観や存在を受け入れる「寛容」の遺伝子を脈々と受け継いできた日本人は、世界のどの民族も成功していない「多様な民族との共生社会」を実現する潜在能力を持っている。

 

第3に、恵まれた自然環境と豊穣な文化がある。

四季折々の風景、歴史遺産の水田や森林、地方ごとに特色ある日本料理や伝統芸能は、海外からの旅行者にすでに認知されており、今では年間800万人を超す観光客が日本を訪れている。亜熱帯のさんご礁、日本情緒豊かな温泉街、良質の雪に恵まれたスキーリゾートにはリピーターも多い。この「癒しの島」には理想の移住地としての条件が備わっている。

 

第4に、日本社会にすでにいる「移民の背景を持つ人々」の存在がある。

何世代にもわたって多くの苦難を乗り越えて社会的地位を確立してきたオールドカマーに加えて、ニューカマーも来日からすでに20年を経て、200万人を大きく超える外国出身者とその子孫は、市民・永住者・定住者として、日本社会に根を張って生活している。すでに日本で生きるノウハウを身につけた彼らは、新来の移民たちと地域社会をつなぐ貴重な人材である。

 

     日本は移民受け入れの後発国としての利点もある。カナダ等の伝統的な移民国家の経験に学び、日本と似通った国家形成の歴史を持つ欧州各国の最近の問題状況も参考にできる。

     日本型移民政策は、日本人口の10%を移民が占める未来の日本人が、「移民が日本の危機を救ってくれた」と感謝し、「世界で保護を求めている人々の救済に日本が貢献した」と誇りを持てる社会の実現を目標とする。

 

Ⅱ 日本型移民政策の骨格

1.日本人口の10%を移民が占める「移民国家」へ

     欧州の移民先進国の受け入れ数や日本社会の受け入れ能力などを勘案すると、日本は、今後50年で総人口の10%程度の移民を受け入れるのが相当である

そこで日本政府は、1年以内に「移民国家宣言」を世界に発信する。

 

【日本が受け入れる移民のカテゴリー】

     高度人材(大学卒業レベル)

     熟練労働者(日本で職業訓練を受けた人材)

     留学生

     移民の家族(家族統合の権利保障)

     人道的配慮を要する移民(難民、日本人妻等北朝鮮帰国者、その他日本が人道上受け入れを考慮すべき人々)

     投資移民(富裕層)

などを想定する。

     移民受け入れに際しては、移民先進国の例を参考に、ポイント制の導入など分かりやすい公平なルールを策定する。

 

2.育成型移民政策を推進する

1)留学生100万人構想

    留学生の受け入れを育成型移民政策の要と位置づける。

     外国人職業訓練制度を支える農業・工業・水産学校や職業訓練学校、専修学校、各種学校等で学ぶ外国人はすべて「留学生」と位置づける。

     育成型移民政策が成功するか否かは、世界の青少年を日本の高等教育機関に引きつけ、高度人材に育て上げることができるかどうかにかかっている。

    少子化により定数に余剰が生じる短大・大学・大学院を活用し、専門知識や先端技術を修得する外国人材を育成・支援する。

    留学生30万人の受け入れを早期に達成したうえで、有為な外国人材をさらに多く確保するため、2025年までの長期目標として「留学生100万人構想」を立てる。(5年以内に実施)

    日本版ブリティッシュカウンシル(兼Japan LCC)を創設する。(1年以内に実施)

    留学生に対する奨学金制度の充実、学生寮の建設などの支援策を拡充するとともに、留学生に対する手厚い就職支援を行う。(1年以内に実施)

    当面、留学生の国内就職率7割を目標とする。大学・大学院を卒業して日本で就職する者に対しては、入管法上の「定住者」の在留資格を付与する。(1年以内に実施)

 

2)外国人職業訓練制度の新設 (3年以内に実施)

    大学等に進学前の世界の若者に対して、国内人材の育成・確保と知識・技術の国際移転の観点から、教育および職業訓練の機会を提供する。

    その施設として少子化により定員割れが生じている農業・工業・水産高校や職業訓練学校等を活用し、それぞれに「外国人職業訓練課程」(3年制)を設け、そこで日本語をはじめ専門的技術などを教える。

    外国人職業訓練課程修了者に対しては、さらに第1次産業などの生産現場で1年間の実技職業訓練を受ける機会を与える。

    外国人は実際の業務に就いて技術や技能を修得する。

    4年間の一連のプログラムを終えた外国人が日本で働くことを希望し、職業訓練を実施した企業などが正社員で雇用することを条件に就労を認め、入管法上の「技能」または「定住者」の在留資格を付与する。

    一方、すべてのプログラムを終えて帰国した者は、日本で学んだ知識や技術を活かして母国の経済発展に貢献する。

    外国人職業訓練プログラムは官民一体型で運営するものとし、プログラムの評価機関を設け、実施状況を評価・検証する。

    外国人職業訓練制度の発足に伴い、外国人技能実習制度は発展的に解消する。

    本プログラムに基づく人材育成に要する経費にあてるため、政府と産業界が出資する「外国人材育成基金」を創設する。

    以上のプログラムは、今後締結する経済連携協定(EPA)等に盛り込む。

 

3)外国人看護師・外国人介護福祉士育成プランの推進

    少子高齢化の進行に伴い人材不足が深刻化する看護・介護福祉分野の人材を確保するため、2025年までの長期目標として「外国人看護師・外国人介護福祉士30万人構想」を立てる。(1年以内に実施)

    外国人材を育成するための施設として少子化で定員数が大幅に減り続けている看護専門学校(3年制)および介護福祉士養成学校(2年制)を活用し、それぞれに「外国人材養成課程」を設け、そこで日本語をはじめ専門知識などを教える。(3年以内に実施)

    外国人材養成課程修了者に対しては、さらに病院や介護施設で1年間の実技研修を受ける機会を与える。

    外国人は実際の業務に就いて技術や技能を修得する。

    一連のプログラムを終えた外国人が日本で働くことを希望し、病院・介護施設などが正規職員で雇用することを条件に就労を認め、入管法上の「医療・社会福祉」または「定住者」の在留資格を付与する。

    一方、すべてのプログラムを終えて帰国した者は、日本で学んだ知識や技術を活かして母国の医療・社会福祉の分野で貢献する。

    本プログラムに基づく人材育成に要する経費にあてるため、政府と関係団体が出資する「社会福祉外国人材育成基金」を創設する。

    以上のプログラムは、今後締結する経済連携協定(EPA)等に盛り込む

 

4)日本語&日本文化センター(Japan LCC)の創設と拡充  (1年以内に実施)

    世界の主要都市に設置している日本語・日本文化の学習拠点である「日本語&日本文化センター(Japan LCC)」を欧米先進国並みに拡充する。

    東南アジア各国の主要都市に重点整備する。

    ブラジルなど日系人が多く住む国にもJapan LCCを設置し、日系人に対する日本語教育を行う。

    「外国人材育成のためのODAプログラム」を策定し、海外に派遣する日本語教員の養成、日本語教育用教材の開発などの事業を展開する。

    JFLJapanese as Foreign Language:外国語としての日本語)による日本語資格認定試験の確立と機会の提供を強化する。

 

3.日本型移民政策の基盤整備

1)入管法および国籍法の改正

    育成型移民政策の観点から、入管法の定める在留資格制度を改正するとともに、同制度の運用を見直す。(1年以内に実施)

 

【在留資格制度の改正】

     技能実習生を受け入れるため「実習」の在留資格を新設する。

     介護福祉士など社会福祉関係の業務に従事する外国人を受け入れるため「医療」の在留資格を「医療・社会福祉」に改める。

     「留学」および「就学」の在留資格を「留学」に一本化する。

     在留期間を最長5年とする。

     再入国許可の有効期間を最長10年とする。

 

    国籍法を改正し、永住者の子として日本で出生した者については、出生により日本国籍を付与する(22歳までは二重国籍)。(3年以内に実施)

○ 永住許可制度の運用緩和(入国後7年以内に永住許可)および帰化制度の運用緩和(入国

後10年以内に国籍付与)を図る。また、永住許可制度と帰化制度の整合性を図る観点から、永住者に対して日本国籍を付与することを原則とする。 (1年以内に実施)

    認知した父または母が日本国民である子への国籍付与について、婚姻の有無にかかわらず認める(平成20年6月、最高裁判決を踏まえた改正)。(1年以内に実施)

また、日本人の父親の認知を受けていない外国人の子への国籍付与および入国許可についても、人道的見地から弾力的に認める(1年以内に実施)

 

2)移民の受け入れおよび外国人の社会統合に関する基本法の整備  (3年以内に実施)

    移民基本法の制定

・日本型移民政策の理念、日本が受け入れる移民の類型および受け入れ枠、移民処遇の基本方針などを定めた「基本法」を制定する。

○ 外国人との共生社会を実現するため「社会統合基本法」を制定する。

 

3)外国人住民基本台帳制度の創設  (1年以内に実施)

    地方自治体が定住外国人に対し各種行政サービス(教育、医療、福祉)を漏れなく提供できる体制を敷くため、外国人住民基本台帳制度を創設する。

 

4)経済連携協定等に基づく移民の受け入れ

    国際法秩序のもとで計画的に移民を受け入れることを内外に表明する。(1年以内に実施)

    日本が受け入れる移民の職種と人数を盛り込んだ経済連携協定等を人材送り出し国との間で結び、秩序ある移民受け入れ制度を確立する。 (3年以内に実施)

    同一職務・労働同一賃金の遵守(同等報酬)を徹底する。

 

5)移民庁の創設  (3年以内に実施)

    移民基本法の制定に合わせ、「外国人」という法的地位に関する施策を一元的に実施する国家行政機関として「移民庁」を設置し、専任の国務大臣を置く。 

    それまでの間、内閣府に「外国人材戦略本部」を設置する。(1年以内に実施)

    移民庁は、次の3部門から構成される。

    移民・国籍政策部門:移民の受け入れ基準および国籍付与基準を策定し、整合性のとれた移民政策および国籍政策を遂行する。

    出入国管理部門:外国人の出入国管理および難民の認定に関する職務を遂行する。

    社会統合部門:在日外国人の社会への適応を進めるための施策を総合的に実施するとともに、多民族共生教育を行う。

 

4.社会統合・多民族共生のための施策

1)法制面の整備 (3年以内に実施)

     日本が加入している人種差別撤廃条約の精神を踏まえ「民族差別禁止法」を制定する。

     地方自治体による「多文化共生条例」の制定を推進する。

 

2)施策面の整備 (3年以内に実施)

     定住外国人に対する社会保障制度の適用については、内外人平等の観点からこれを実施する。年金受給資格の短期化についても検討する。

    小中学校において定住外国人の子供に対する日本語補習授業制度、学習サポーター派遣等に必要な予算を確保し、外国人教育体制を整備する。

  外国人が集住する都市に、母国語を理解する多様な出身国のソーシャルワーカーを養成・配置するとともに、日本語教育センター、定住外国人雇用促進センター、民族差別等相談窓口を設置する。

 

3)日本人の意識改革 (3年以内に実施)

  日本人の青少年に正しい外国人観を持たせるため、小中学校で多民族共生教育を実施する。

・多民族共生社会を作るための啓発課目を小中学校のカリキュラムのなかに入れる。

     成人に対しては、外国人との共生を推進するための生涯学習の場を提供する。

     官民を挙げて、外国人との共生をすすめる文化交流・啓発などのコミュニティ活動を展開する。

 

5.人道的配慮を要する移民の受け入れ (3年以内に実施)

○ 難民をはじめ人道的配慮を要する以下の定住外国人を積極的に受け入れる。

当面、年間1000人の受け入れを目標とする。)

                  第三国定住難民

                  日本人妻等北朝鮮帰国者およびその家族

                  日本人の父親の認知を受けていない外国人子供およびその母親

・「新日系フィリピン人」「新日系タイ人」など

                  その他日本が人道上受け入れを考慮すべき人々

・帰国を希望しない人身取引被害者など

 

Ⅲ 直ちに取り組むべき事項

    法律改正を待たずとも、現行法のもとで運用の見直しや必要な予算措置を講じることにより、日本の外国人受け入れ態勢は目に見えて改善される。

     日本型移民政策を全面的に展開するための基盤整備にもなる。

     政府が直ちに取り組むべき事項を以下に列挙する。

 

第1に、深刻の度を増している定住外国人の子供の教育、特に南米からUターンしてきた日系移民の子供に対する日本語教育の徹底である。

外国人教育の充実に必要な予算を大幅に増額する。

第2に、国が先頭に立って留学生に対する就職支援を行う。

日本の大学等を卒業し、日本企業に就職した留学生に対しては、入管法上の「定住者」の在留

資格を付与する。

第3に、インドネシアおよびフィリピンと締結した経済連携協定等のもとで実施する看護・介護分野の外国人材の受け入れについて、育成型移民政策の観点から受け入れ条件を大幅に緩和する

また、国家試験に不合格になった者が引き続き日本で働くことができる制度を検討する。

第4に、海外において日本の魅力をアピールし、外国人に日本語教育を実施する体制を早急に整備する。

第5に、日本社会に根付いて生活している外国人の法的地位を早期に安定させることは移民政策の 要請であるから、永住許可要件を大幅に緩和する。

最後に、労働関係法規違反、人身売買の恐れなど多くの問題が指摘されている外国人技能実習制度は、外国人職業訓練制度の新設に伴い発展的に解消する。

新しい制度が発足するまでの間は、技能実習生に対する労働基準法の適用等必要な改善措置を講じることを条件に、現行技能実習制度を存続させる。

その間の外国人技能実習制度の運用は、国内人材確保・定住促進の観点から、これまでに技能実習生として成果のあった優良なプログラムのなかから人材を受け入れる。

送り出しおよび受け入れにかかわる機関・団体による不正・不当なシステムを排除する。情報開示を徹底する。

通算6年間の研修・技能実習プログラムを終えて就労を希望する者に対して、一定の条件のもとで就労・定住を認める。

入管法上の「技能」または「定住者」の在留資格を付与する。

国際研修協力機構(JITCO)は、廃止も含め機構・業務のあり方を抜本的に見直す。

ENDS

GOJ Panel: Japan should welcome skilled foreign workers, also create Immigration Agency, and increase the NJ population to 10 million!

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.  Well, well.  Common sense does eventually trickle uphill after all.  The GOJ is finally considering immigration as a possibility for Japan’s future.  The Reuters article below touches upon that, but does not mention some important things:  The creation of a “Immigration Agency” (Imin cho–as in an agency to manage an imported population growth strategy, not the one we have now that merely polices you, taxes you with Re-Entry Permits, and tries to reset your visa clock to void your getting Permanent Residency).  And reduce the 10-year requirement for PR to 7 years.  Or, most importantly (I can’t see how they could have left this out!) over the next fifty years increase the NJ population to 10% of Japan’s population, meaning 10 million people (as opposed to the two million plus we have now)!

You can see more on these unturned stones in the previous Japanese blog entry, in an article from the Yomiuri.

This is a revolutionary proposal, make no mistake.  And if the GOJ takes measures to warm the Japanese population up to the idea (not to mention passing laws against discrimination by race and national origin), so much the smoother the transition for everyone.  Good positive steps here.  Debito

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

Japan should welcome skilled foreign workers-panel

http://uk.reuters.com/article/marketsNewsUS/idUKT28006320080610

Reuters, June 10, 2008.  Courtesy of Colin

TOKYO, June 10 (Reuters) – Japan should open its doors to more skilled workers from abroad in order to boost economic growth, the government’s top advisory panel said on Tuesday.

The council called on the government to come up with programmes by the end of this fiscal year to create a business and living environment that would attract highly skilled workers from around the globe.

“It is impossible to achieve economic growth in the future if we do not press forward with the ‘open country’ policy,” the Council on Economic and Fiscal Policy said in its annual growth plan, which was released on Tuesday.

The panel, which is chaired by Prime Minister Yasuo Fukuda, did not set a specific target for the number of foreign workers. There were 158,000 foreigners in Japan with visas categorised as skilled workers in 2006.

The strategy also includes a plan to nearly triple the number of foreign students to 300,000 by 2020 as well as increase foreign visitors to 10 million in 2010 from 8.35 million in 2007.

The proposals, many of which have already been partly announced by government ministries and panels, will be incorporated into the government’s annual policy guidelines to be released by the end of June.

Following are key points of the growth plan:

— Extend assistance to 2.2 million people who are having difficulties finding jobs because of their age, childcare problems or their lack of experience.

— Discuss tax reforms, including corporate tax of nearly 40 percent, to boost foreign direct investment. 

— Introduce reforms to induce repatriation of corporate funds held at overseas affiliates, in order to promote spending on research and job creation at home. 

— Increase the number of countries with which Japan forms an economic partnership to 12 countries and areas by early next year from currently nine. 

(Reporting by Yuzo Saeki)

ENDS

——————————-

UPDATE–WITH A MUCH BETTER ARTICLE

Let 10% of Japan be foreigners: Nakagawa
The Japan Times: Friday, June 13, 2008
By MASAMI ITO and SETSUKO KAMIYA Staff writers
Courtesy of Peter

Liberal Democratic Party lawmakers made an ambitious proposal Thursday to raise the ratio of immigrants in Japan to about 10 percent over the next 50 years.

The frankness of the suggestion reflects the seriousness of Japan’s population decline, which is marked by a rapid increase in the elderly population and a falling birthrate that threatens to undermine future economic growth.

“There is no effective cure to save Japan from a population crisis,” the proposal said. “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.”

Headed by ex-LDP Secretary General Hidenao Nakagawa, the group of about 80 lawmakers drafted a “Japanese-model immigration policy” that they plan to submit to Prime Minister Yasuo Fukuda next week.

The group said its definition of “immigrant” is the same as that used by the United Nations, and can count individuals who have lived outside their home countries for more than 12 months. This includes asylum-seekers, people on state or corporate training programs, and even exchange students.

In what might be the government’s first time using the word “immigrant” in this context, the proposal calls for enacting a law that specifies Japan’s basic principles and policies on immigrants.

It also says immigration policy should place importance on nurturing the talent of newcomers, adding that providing more education and training opportunities is indispensable.

In addition, an “immigration agency” should be set up within three years to unify the management of foreigner-related affairs, including legal issues such as nationality and immigration control.

“This (proposal) covers a wide range of issues that need to be taken care of both in the short term and the long term, but as members of the legislature, we’re determined to make the necessary changes to the law,” Nakagawa said, noting the group will ask its peers in the ruling and opposition camps for their support. “We’re going to move swiftly.”

According to Immigration Bureau data, the number of registered foreigners in Japan set a record high of about 2.08 million in 2006. Among them, permanent residents have continued to grow, reaching 837,000, or 40 percent, of all registered foreigners in 2006.

Hirohiko Nakamura, an Upper House lawmaker and secretary general of the LDP group, said increasing the recognition of refugees is also on their agenda. The group proposes accepting up to 1,000 asylum-seekers and other foreigners who need protection for humanitarian reasons.

The proposal also said a foreigner who has lived in Japan for 10 years or longer should be given nationality if the person wishes to become a Japanese citizen. The group also says citizenship should be given to all permanent residents.

The Japan Times: Friday, June 13, 2008
ENDS

読売:移民、1000万人受け入れ提言…自民議連案

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
移民、1000万人受け入れ提言…自民議連案
http://www.yomiuri.co.jp/politics/news/20080608-OYT1T00264.htm

 自民党の「外国人材交流推進議員連盟」(会長=中川秀直・元幹事長)がまとめた日本の移民政策に関する提言案が7日、明らかになった。
 人口減少社会において国力を伸ばすには、移民を大幅に受け入れる必要があるとし、「日本の総人口の10%(約1000万人)を移民が占める『多民族共生国家』を今後50年間で目指す」と明記した。
 週明けの会合で正式に取りまとめ、福田首相に提案する。
 1000万人規模の移民は、現在、永住資格を持つ一般・特別永住者(87万人)の約12倍にあたる。
 案では、これら移民と共生する「移民国家」の理念などを定めた「移民法」の制定や「移民庁」の設置を提言。地方自治体に外国人住民基本台帳制度を導入し、在日外国人に行政サービスを提供しやすい態勢を整えることなども盛り込んだ。
 入国後10年以上としている永住許可を「7年」に緩和するよう求めたほか、年齢や素行など様々な要件を課している帰化制度も、「原則として入国後10年」で日本国籍を取得できるように改めるべきだとした。
(2008年6月8日10時38分 読売新聞)

Fun Facts #10: Excellent Japan Times FYI column on the sex industry 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. Yet another excellent and informative Japan Times FYI column, this time on the sex industry in Japan. I’m not going to comment specifically on why I’m reposting it on Debito.org (because anything I say will just be misconstrued). It’s just a great article on a pervasive topic in Japan. Arudou Debito

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

SEX INDUSTRY
Law bends over backward to allow ‘fuzoku’
By JUN HONGO, Staff writer
The Japan Times May 27, 2008

Some desires money can’t gratify, but for appetites of the flesh, there are ways in Japan to legally sate one’s carnal cravings.

News photo
Hey sailor: Two men stroll among “soapland” parlors in Atami, Shizuoka Prefecture, last year. JUN HONGO PHOTO

Like many countries, prostitution is illegal in Japan, at least on paper. Brothel-like “soapland” and sexual massage parlors get around these barriers.

And the overt, erotic services of the so-called fashion health venues found in Tokyo’s Kabukicho district and the soaplands in the hot springs resort of Atami, Shizuoka Prefecture, ensure that the world’s oldest profession lives on, only under another name.

The context of Japan’s legal definition of prostitution is narrow enough to provide ample loopholes for red-light district operators.

Following are questions and answers regarding Japan’s sex industry — commonly known as “fuzoku” — and the attempts or lack thereof by the government to curb them:

What law bans prostitution in Japan?

The Prostitution Prevention Law, enacted in 1957, forbids the act of having “intercourse with an unspecified person in exchange for payment.” It also punishes acts including soliciting by prostitutes and organized prostitution, such as operating brothels.

Legal experts say it is hard for police to crack down on prostitution because it is tricky to verify if a couple had consensual or compensated sex.

The law meanwhile does not ban paid sex with a “specified person,” or someone who has become an acquaintance. It also defines sex exclusively as vaginal intercourse. Thus other paid sexual acts are not illegal.

Soliciting sex on the street could be punishable by a maximum six-month prison term or ¥10,000 fine. Parties who provide locations for prostitution could face a maximum seven-year sentence or ¥300,000 fine.

According to National Police Agency statistics, 923 people were arrested for violating the Prostitution Prevention Law in 2006.

How many types of fuzoku businesses are there?

Enacted in 1948, the Law Regulating Businesses Affecting Public Morals breaks down the sex industry into several major categories, including soaplands, “fashion health” massage parlors, call-girl businesses, strip clubs, love hotels and adult shops.

Soaplands, the “king” of fuzoku, are where clients have sex. “Fashion health” massage parlors offer sexual activities other than straight intercourse.

The law requires such businesses to register with police and operate only within their registered category. It also bans people under age 18 from working or entering fuzoku establishments.

All sex businesses except soaplands abide by the prostitution law because they do not provide straight intercourse and limit other services to mainly massages.

So how can soaplands operate legally?

To dodge the law, soapland operators claim their male clients and their hired masseuses perform sex as couples who have grown fond of each other.

A customer entering a soapland, legally registered as “a special public bathhouse,” pays an admission fee “that holds the pretext as the charge to use the bathing facility,” Kansai University professor Yoshikazu Nagai said.

The client then is usually asked to pay a massage-service fee directly to the masseuse — giving the pretense that the woman is working on her own and the soapland owner is not running a brothel.

According to Nagai, who authored “Fuzoku Eigyo Torishimari” (“Control of Sex Business Operations”), the process also allows the two to be deemed as adults who became acquainted at the soapland.

The law is conveniently interpreted to mean the male customer is having sex with an acquaintance, not with an “unspecified” person in exchange for cash.

Is that an acceptable justification?

“Is it nonsense to deem that the couple fell in love while massaging at a soapland? Yes. But that is how things have operated inside the Japanese legal framework for over five decades,” Nagai said.

Nagai noted the legal framework on prostitution varies worldwide. Sudan, for instance, punishes prostitutes with death, but the same act is legal and out in the open in the Netherlands.

Many observers say police avoid cracking down hard on prostitution mainly because it is considered a necessary evil and they would rather keep the industry on a loose leash than let the market go underground.

“Putting aside the debate of whether it is right or wrong, the definition of prostitution differs greatly by country and is influenced by cultural, historical and religious backgrounds,” Nagai explained.

When did the sex trade begin in Japan?

Prostitution goes back to ancient times, and there were only local-level laws against selling sex until the prostitution law was enacted in the postwar period.

According to Nagai, 16th century feudal lord Toyotomi Hideyoshi was the first to demarcate part of Kyoto as a red-light district.

“Hideyoshi knew that it would be easier for him to supervise the brothels if they were concentrated in a single location,” Nagai said. “It also made it easier for him to collect levies from business owners.”

What are the health concerns at fuzoku establishments?

In regards to sexually transmitted diseases, most fuzoku businesses conduct comprehensive medical tests when hiring a female worker. Soaplands undergo monthly inspections by public health centers to maintain hygiene.

Some establishments turn away foreign clients.

“This is because of the worldwide outbreak of AIDS in the late 1980s,” Nagai said, noting some premises continue to ban foreign nationals because of the misguided fear that AIDS is spread by them.

How big is the sex industry?

There were approximately 1,200 soaplands in Japan and 17,500 sex-related businesses, including massage parlors and strip clubs, in 2006, according to statistics released by the NPA.

While some have suggested the sex business is a ¥1 trillion industry, Nagai said coming up with an accurate estimate is difficult because of the diversity.

But it is still a way for women to make quick cash, as a soapland “masseuse” can make ¥10 million or more a year, he said.

The sex industry also remains a source of funds for the underworld. According to the NPA, 20 percent of people arrested in violation of the prostitution law in 2006 were related to the mob.

But Nagai believes the industry may be facing a downtrend, since information technology has made it easy for amateurs to operate as freelancers.

Many outdated sex businesses will face such competition in the future, he said.

“One only needs a cell phone to secretly start a call-girl business,” Nagai said. “It has become so convenient and there is no need for professional knowledge or the effort to maintain a bathhouse.”

The Weekly FYI appears Tuesdays (Wednesday in some areas). Readers are encouraged to send ideas, questions and opinions to National News Desk
The Japan Times: Tuesday, May 27, 2008
ENDS

Japan Times FYI on voting rights in Japan (including Zainichi & Newcomer NJ)

mytest

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

Hi Blog.  I’m finding that the Japan Times is also doing excellent “FYI” articles these days as briefings of certain situations and issues that aren’t necessarily “in the news” at the moment.  See for yourself below with this week’s briefing on voting rights in Japan for citizens who live overseas, or for people who should arguably have the same rights as citizens by now…  Arudou Debito in Sapporo
===============================
Tuesday, June 3, 2008

SUFFRAGE

Absentee ballot system up, running

Expats won hard-fought battle but suffrage still eludes foreign permanent residents

By SETSUKO KAMIYA, Staff writer
 Suffrage is a fundamental right of a democracy, and many countries ensure their citizens can cast absentee ballots

News photo
Absentees: Japanese voters living in Australia turn out at the Japanese Consulate in Sydney on Aug. 31, 2005, to vote in a Lower House election held the following Sept. 11. KYODO PHOTO

It was only a decade ago, however, that Japanese living abroad won the right to vote in national polls. They had to campaign actively before politicians were pushed into establishing this right.

Over the years, improvements have been made to the voting system, but some critics say that more needs to be done to ensure that all eligible voters can exercise this right fairly.

Another issue being considered is allowing foreign nationals with permanent resident status to vote in local-level elections.

Following are questions and answers about the voting system, and where expatriates and permanent residents fit in:

How did Japanese abroad win suffrage?

The process began in 1993, when politics went through a transition that saw the ruling Liberal Democratic Party lose its Lower House majority for the first time ever.

Many expatriates observing the developments back here in Japan with great interest were disappointed that they could not participate in the election process.

At the time, the Public Office Election Law did not grant suffrage to voters living outside the country.

Only Japanese registered as living in Japan were allowed to vote.

Seeing this as a violation of the Constitution’s stipulation that all Japanese nationals at or above the age of majority have the right to vote, expatriates living in Los Angeles formed the lobby Japanese Overseas Voters Network, which later expanded to 13 cities in 11 countries.

In 1996, its members sued the government, claiming their denial of the right to vote violated the Constitution.

As the litigation proceeded, the government submitted a bill to revise the election law in 1998.

It cleared both chambers and was enacted that year.

It took until 2005 for the group to win their legal case at the Supreme Court, however.

What are the qualifications required for Japanese living abroad to vote? How are they registered?

Citizens of Japan who are 20 and older who have lived more than three months in another country qualify.

But unlike Japanese living in Japan whose residence registration is automatically reflected in the voter registration, expatriates must apply to be listed as overseas voters.

An application must be submitted to a Japanese embassy or consulate, which in turn sends it on to Japan for registration.

Basically, one is registered with the local government where the applicant lived in Japan before moving away, or with the locality of one’s family registry.

What revisions have been made to the voting system?

When the law allowed Japanese living overseas to participate in Diet elections, they could only cast ballots for proportional representation candidates, meaning they could only vote for parties.

The 2005 revision finally allowed them to cast ballots for candidates in districts and to participate in by-elections.

Technically, it was only at last July’s Upper House poll that expatriates won full suffrage for national elections.

How many Japanese are registered as overseas voters?

According to the Foreign Ministry, as of July there were some 798,000 eligible voters overseas, but only a little more than 100,000 are registered.

Observers say the number of eligible voters probably exceeds 1 million, because people who don’t bother to register with their local embassy do not appear in the official numbers.

Many claim the government has failed to grasp the exact number of eligible expatriate voters, and thus the system is already flawed.

Why does the number of registered overseas voters remain low?

Several technical reasons prevent expatriates from pressing their right to vote.

Voting day always falls on a Sunday in Japan, but embassies and consulates abroad are only open on weekdays. And people who do not live near them must vote by mail.

The troublesome procedure of having to use the mail to apply for and receive expatriate voter registration and then send ballots to Japan before the polling deadline prove a deterrence, said Hayahiko Takase, president of Japanese Overseas Voters LA, who was among the leaders of the initial campaign.

And voters have no way to confirm that their ballots made the deadline unless they send them by express mail.

“Voters are still not equal under the law,” Takase said, noting that casting ballots via e-mail would be an efficient way to solve the problem.

How do politicians feel about this issue?

A group of nonpartisan politicians recently launched a league to promote overseas voting and said they will work to raise registration and facilitate the process.

Online voting may be a solution but has yet to be allowed domestically.

Pushing this would require further revision of the Public Office Election Law, the politicians said.

Tetsundo Iwakuni, head of the Democratic Party of Japan’s international affairs division, said his party is aiming to establish overseas offices to increase its profile with expatriate voters.

What is the status of efforts to give permanent residents of Japan the right to vote?

Foreign nationals currently do not have the right to vote in Japan and the issue of giving foreign permanent residents that right for local-level elections is controversial.

Permanent residents, mainly Korean descendants of those who lived in Japan before the war and were forced to take Japanese nationality at that time, have been fighting for local-level suffrage.

Newcomers with permanent resident status from other countries and regions, including China, Brazil and the Philippines, are also part of this movement.

Recently, DPJ members started work on a bill to grant them suffrage. New Komeito has also been active in this area.

However, conservative lawmakers oppose granting foreigners suffrage, arguing such residents must become naturalized Japanese first. This is because the Constitution stipulates that sovereignty rests with the people, and people are defined as those who hold Japanese nationality, they say.

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

ENDS 

AFP: Once “homogeneous” Japan will finally recognize Ainu as distinct ethnic minority

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

Omigod, Blog.  The surprises just keep on coming down these days.  A long last, goodbye “homogeneous Japan”.  Even the GOJ says so…  I don’t know what finally broke the ideological logjam, but I’m not complaining.  Bravos!  Arudou Debito in Sapporo

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

In landmark move, Japan to recognise indigenous people
by Shingo Ito

AFP/Yahoo News Wed Jun 4, 2008 9:06 PM ET

http://news.yahoo.com/s/afp/20080605/wl_asia_afp/japannativerights_080605010652;_ylt=Aps42dTS3o_bONBBTFuBgm7uOrgF

Courtesy of Chris Gunson

Japan is set this week to recognise the Ainu as an indigenous people, in a landmark move for a nation that has long prided itself as ethnically homogeneous.

The move comes ahead of next month’s summit of the Group of Eight rich nations on the northern island of Hokkaido, home to most of Japan’s estimated 70,000 Ainu.

Japan’s parliament is scheduled to adopt a resolution on Friday to urge the government to “immediately” provide support for the Ainu, who have long faced discrimination and income disparity, lawmakers said.

The resolution to be submitted jointly by ruling and opposition lawmakers stipulates for the first time that the Ainu “are an indigenous people with a distinct language, religion and culture.”

“It’s one of the steps forward, but it’s a major step,” Yukio Sato, an Ainu and director general of the Utari Association which campaigns for Ainu rights.

Hiroshi Imazu, head of a group of lawmakers submitting the resolution, said it was approved by Prime Minister Yasuo Fukuda’s Liberal Democratic Party on Tuesday and is likely to be adopted “unanimously” in parliament on Friday.

“The Ainu people have had bitter experiences such as discrimination,” Imazu told AFP.

“As a human being, I think it’s natural to recognise them as a small but real indigenous people like Aborigines in Australia and Indians in the States.”

The Ainu, who are fairer and more hirsute than most Japanese, observe an animist faith with a belief that God exists in every creation, respecting trees, hills, lakes, rivers and animals — particularly bears.

The Ainu, who lived by hunting and fishing, are believed to have first formed their society around the 13th century mainly in Hokkaido but also the Kuril and Sakhalin islands, which are now ruled by Russia.

Ethnic Japanese gradually settled Hokkaido and in 1899 enacted the Hokkaido Former Aborigines Act, under which the Ainu were forced to give up their land, language and traditions and shift from hunting to farming.

The act was repealed only in 1997 and replaced by legislation calling for “respect for the dignity of Ainu people.”

But the law stopped short of recognising the Ainu as indigenous or, as some activists have demanded, setting up autonomous areas along the lines of Native American reservations in the United States.

Ainu activists had vowed to press forward their demands as the spotlight turns to Hokkaido for the July 7-9 Group of Eight summit at the mountain resort of Toyako.

“The timing was quite favourable for the resolution,” said Kazuo Kato, professor of sociology and head of Shizuoka University of Welfare in central Japan.

“The environment is high on the agenda for the summit, and you can’t ignore the existence of indigenous people when you talk about the environment,” said Kato, an expert on the Ainu issue.

In May, representatives of the world’s 370 million indigenous people, closing up a two-week session at the United Nations, demanded a say in decisions on global warming, saying they were suffering the worst impact.

The United Nations last year adopted a non-binding declaration upholding the human, land and resources rights of indigenous people, including the Ainu.

Japan voted for the UN declaration but stressed it would not accept any moves by indigenous people for independence or unilateral demands for property rights.

Experts did not predict any change in stance by Japan, which has in modern times seen itself as homogeneous and firmly rejected large-scale immigration.

Ainu remain among Japan’s poorest people with only 17 percent graduating from university, half the national average, according to a survey by the Utari association.

Sato said the group would still fight for the “dignity of the Ainu people.”

“We have not reached our final goal,” he said.

ENDS

Japan’s Supreme Court rules Japan’s marriage requirement for Japanese nationality unconstitutional

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 think this will be the best news we’ll hear all year:

Thanks to the vagaries (and there are lots of them) of Japan’s koseki Family Registry system, if a child is born out of wedlock to a Japanese man and a NJ woman, and the father’s parentage is not acknowledged BEFORE birth, Japanese citizenship up to now has NOT been conferred.  Japanese citizenship is still NOT conferred EVEN IF the J man acknowledges parentage AFTER birth.  

(If the situation was reversed i.e. J mother-NJ father, it doesn’t matter–obviously the mother and child share Japanese blood, therefore Japanese citizenship is conferred.  Of course, the NJ father has no custody rights, but that’s a separate issue…  More in HANDBOOK pp 270-2.)

But as NHK reported tonight, that leaves tens of thousands of J children with J blood (the main requirement for Japanese citizenship) either without Japanese citizenship, or completely *STATELESS* (yes, that means they can never leave the country–they can’t get a passport!).  It’s inhumane and insane.

But the Japanese Supreme Court finally recognized that, and ruled this situation unconstitutional–conferring citizenship to ten international children plaintiffs.  Congratulations!

News photo

Photo by Kyodo News

(NHK 7PM also reported last night that three Supreme Court judges wrote dissents to the ruling, some claiming that the Diet should pass a law on this, not have the judiciary legislate from the bench.  Yeah, sure, wait for enough of the indifferent LDP dullards in the Diet to finally come round, sounds like a plan; not.)

Read on.  I’ll add more articles to this blog entry as they come online with more detail.  One more step in the right direction for Japan’s internationalizing and multiculturalizing society!  Arudou Debito in Sapporo

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Top court says marriage requirement for nationality unconstitutional

TOKYO, June 4, 2008 KYODO

http://www.breitbart.com/article.php?id=D9133QJG2&show_article=1

     The Supreme Court on Wednesday declared unconstitutional a Nationality Law article requiring parents to be married in order for their children to receive Japanese nationality, ruling in favor of 10 Japanese-Filipino children.

     The top court’s grand bench made the landmark decision in two separate cases, filed in 2003 by one such child and in 2005 by a group of nine who were born out of wedlock to Japanese fathers and Filipino mothers and who obtained recognition of the paternity of their fathers after birth.

     After the ruling, the children — boys and girls aged 8 to 14 years who live in areas in eastern and central Japan — and their mothers celebrated in the courtroom by exchanging hugs, with some bursting into tears.

     One of the children, Jeisa Antiquiera, 11, told a press conference after the ruling, ”I want to travel to Hawaii with on Japanese passport.”

     One mother, Rossana Tapiru, 43, said, ”I am so happy that we could prove that society can be changed,” while another said, ”It was truly a long and painful battle.”

     Hironori Kondo, lawyer in one of the two cases, said it is the eighth top court ruling that has found a law unconstitutional in the postwar period and that ”it will have a significant bearing on the situation facing foreign nationals in Japan.”

     Yasuhiro Okuda, law professor at Chuo University who has submitted an opinion on the case to the Supreme Court, said that in the past 20 years tens of thousands of children are estimated to have been born out of wedlock to foreign mothers, citing data by the Health, Labor and Welfare Ministry.

     A majority of the 15 justices including Presiding Justice Niro Shimada on the grand bench ruled the Nationality Law clause goes against the Constitution.

     The justices said in a statement, ”there might have been compelling reasons that the parents’ marriages signify their child’s close ties with Japan at the time of the provision’s establishment in 1984.”

     ”But it cannot be said that the idea necessarily matches current family lifestyles and structures, which have become diversified,” they said.

     In light of the fact that obtaining nationality is essential in order for basic human rights to be guaranteed in Japan, ”the disadvantage created by such discriminatory treatment cannot easily be overlooked,” the justices stated in the document.

     Without nationality, these children face the threat of forced displacement in some cases and are not granted rights to vote when they reach adulthood, according to lawyer Genichi Yamaguchi, who represented the other case.

     Chief Cabinet Secretary Nobutaka Machimura told a press conference following the ruling, ”I believe the government needs to take the verdict seriously, and we will discuss what steps should be taken after examining the ruling carefully.”

     Three justices countered the majority argument, saying it is not reasonable to take into consideration the recent trend in Western countries that have enacted laws authorizing nationality for children outside marriages, on the grounds that the countries’ social situations differ from that in Japan.

     In both of the cases, the Tokyo District Court in its April 2005 and March 2006 rulings granted the children’s claims, determining that the differentiation set by the parents’ marital status is unreasonable and that the Nationality Law’s Article 3 infringes Article 14 of the Constitution, which provides for equality for all.

     Overturning the decisions, however, the Tokyo High Court in February 2006 and February 2007 refused to pronounce on any constitutional decisions, saying it is the duty of the state to decide who is eligible for nationality, not the courts.

     Under Japan’s Nationality Law that determines citizenship based on bloodline, a child born in wedlock to a foreign mother and Japanese father is automatically granted Japanese nationality.

     A child born outside a marriage, however, can only obtain nationality if the father admits paternity while the child is in the mother’s womb. If the father recognizes the child as his only after the child’s birth, the child is unable to receive citizenship unless the parents get married.

     In short, the parents’ marital status determines whether the child with after-birth paternal recognition can obtain nationality.

     Children born to Japanese mothers are automatically granted Japanese nationality, irrespective of the nationality of the father and whether they are married.

==Kyodo  ENDS

JAPAN TIMES EDITORIAL

EDITORIAL

June 6, 2008
Giving children their due

http://search.japantimes.co.jp/cgi-bin/ed20080606a2.html

In a landmark ruling, the Supreme Court on Wednesday declared unconstitutional a Nationality Law clause that denies Japanese nationality to a child born out of wedlock to a foreign woman and Japanese man even if the man recognizes his paternity following the birth.

It thus granted Japanese nationality to 10 children who were born out of wedlock to Filipino women and Japanese men. The ruling deserves praise for clearly stating that the clause violates Article 14 of the Constitution, which guarantees equality under the law. The government should immediately revise the law.

The 12-3 grand bench decision concerned two lawsuits filed by the 10 children aged 8 to 14, all living in Japan. The Tokyo District Court, in two rulings, had found the clause unconstitutional, thus granting Japanese nationality to the children. But the Tokyo High Court had overturned the rulings without addressing the issue of constitutionality.

Under the Nationality Law, a child born to a foreign woman married to a Japanese man automatically becomes a Japanese national. Japanese nationality is also granted to a child of an unmarried foreign woman and Japanese man if the man recognizes his paternity before the child is born. If paternal recognition comes after a child’s birth, however, the child is not eligible for Japanese nationality unless the couple marries.

The law lays emphasis on both bloodline and marriage because they supposedly represent the “close connection” of couples and their children with Japan.

The Supreme Court, however, not only pointed out that some foreign countries are scrapping such discriminatory treatment of children born out of wedlock but also paid attention to social changes. It said that in view of changes in people’s attitude toward, and the diversification of, family life and parent-child relationships, regarding marriage as a sign of the close connection with Japan does not agree with today’s reality.

The ruling is just and reasonable because children who were born and raised in Japan but do not have Japanese nationality are very likely to face disadvantages in Japanese society.

The Japan Times: Friday, June 6, 2008
ENDS

Eric Johnston on extreme security at Kobe G8 Environmental Ministers Summit

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 report exclusive to Debito.org from Japan Times reporter Eric Johnston, fresh from the recent mess that passed for the G8 Environmental Ministers’ Summit in Kobe.  Part one of a series that will show the wind-up to the even bigger mess I see coming up in Hokkaido this July for the grand G8 Summit…  

Read on, and gasp at how ludicrously unaccountable things are getting in the name of “security” and information control.  And savor one of my favorite emotions… vindication!  Arudou Debito in Sapporo

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

Big Brother Comes to Kobe

By ERIC JOHNSTON

Exclusive to Debito.org (copyright resides with the author)

As a staff writer for The Japan Times, I’ve had the opportunity to cover more than my fair share of international conferences over the years. In most cases, they took place in Japan, where their organization has always been superb and the security has always been politely restrained.

Until last week’s G8 Environmental Ministers’ summit in Kobe.

Readers of this website are no doubt familiar with Debito’s warning about Sapporo and parts of Hokkaido becoming a virtual police state during the main Leaders’ Summit, which takes place at Lake Toya in early July. Here, I owe Debito something of an apology, as I originally thought he may have been a bit hyperbolic, as I often am, for dramatic effect in order to emphasize a larger truth. Surely things weren’t that bad? Unfortunately, after my experience at the G8 Environment Ministers’ conference, I’m wondering if he might not have been prophetic.

The general sense of failure regarding the environmental summit itself has been documented in my paper and elsewhere, so I’ll not go into that here. But the monumental incompetence of the Environment Ministry in organizing the event, and the security arrangements that even the more distinguished participants for whom they were designed found excessive, made those of us in the media, and not a few delegates, shake our heads in disbelief at the way Japanese officials spent the vast majority of their time and budget on making sure “terrorists” (and I’ll get to that below) didn’t launch a pre-emptive attack instead of on the kind of advance planning needed to ensure a well-run conference.

Of course, the kind of money needed to host huge international conferences is often in short supply, especially at the Environment Ministry. It is not one of the more politically powerful ministries, as we all know. Its ministers are often up-and-coming politicians in their first Cabinet post, and hope to sit at their desks just long enough to figure out where the paper clips are before the Prime Minister reassigns them to a more glamorous ministry.

But that doesn’t explain the police state mentality in Kobe. At several past events at the same hotel where the environment ministers met, including far-larger and more prominent United Nations’ conferences on disaster relief (which came just weeks after the 2004 Asian tsunami) and AIDS, reporters, delegates, and NGOs were allowed to mingle fairly freely in the hallways, side rooms, hotel lobby, and press center. Security was present, but it was in the background and comparatively low-key.

Not this time. The day before the ministers’ summit, I arrived to attend a related NGO symposium at the Kobe International Convention Center, right beside the Kobe Portopia Hotel where the G8 Environment ministers were due to gather the following day.

As soon as one exited the train station beside the convention center and hotel, there was a battalion of Japanese police officers lined up along the covered walkway leading to both the center and the hotel. They were letting through only those with G8-releated ID badges. Uniformed and plainclothes cops stood every 100 meters or so, keeping a wary eye on visitors. Those without Environment Ministry-issued IDs were directed to take the long way around to the entrance. The chill in the air was not just due to the breeze blowing off Kobe harbor.

The media center was located right beside the hall where the NGOs were scheduled to conduct a day-long symposium. I was surprised to see several police blocking the entrance to the media center, standing at parade rest or in what appeared to be a slight jujitsu position. The cops were staring at everyone who entered the hall, or scanning the room with their eyes. Clearly, they expected trouble from the Japanese and international NGOs, and from the ordinary citizens who had come for the symposium. Needless to say, there was no trouble of any sort.

In my decade and a half experience as a reporter in Japan, this was the first time I’d ever seen such an in-yer-face display of police power on the eve of an international conference that, although important, was still to be attended by just a few Environment Ministers. “As far as I am aware, nobody has ever attempted to assassinate an Environment Minister,” Yvo de Boer, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC) commented to me wryly upon seeing the heavy security presence the next day.

Among those of us in the foreign press who have an inkling as to how Japan works, the consensus was the prominent display of force was less about beefing up security for visiting dignitaries and more about beefing up the police and security budget. In my case, I had good circumstantial evidence for drawing that conclusion.

A couple weeks before, friends in Japan’s right-wing media, upon hearing I was going to Kobe for the Environment Ministers’ summit, said, “Oh, we’ve heard the “Sea Shepherd’, the ship involved with the clash with Japanese whalers a few months back, will be docking in Kobe during the summit.” They didn’t say where they got that bit of information. But I’ll bet readers of Debito.org a drink at the microbeer pub of their choice that it was from-who else?-the cops. Need I mention that the “Sea Shepherd” rumor turned out to be completely false?

The heavy police presence was surprising. But far more irritating, and what made everybody’s blood boil, was the slipshod management of the Environment Ministry. At past conferences, reporters and NGOs were able to gain entrance to most of the areas the delegates can access. At the very least, NGOs were allowed into the press room while the hacks were usually allowed to move freely between wherever the media center was and wherever the delegates were meeting.

Again, not this time. In order to get a seat in the press section of the room at the adjacent hotel where the ministers were assembled, reporters had to gather at the media center reception desk at a certain time each day in order be led over to the hotel by somebody from the Environment Ministry. Once we entered the hotel and passed through the metal detectors leading to the lobby area surrounding the meeting room, reporters were told they had two choices. Stay in the lobby area until it was time to be led into the meeting room, or leave while the meeting was still going on and not be allowed to re-enter not only the meeting room (which would have been more understandable) but also the entire floor where the meeting room was located -a floor the size of a football field with at least a dozen other rooms and a huge lobby.

And what of those who showed up at the media center reception desk even a few minutes after ministry officials had led the group of reporters, like a busload of tourists, to the hotel (sometimes well over an hour before the meeting actually began)? Sorry, too late. You can’t go in by yourself. Sit in the media center and wait until the meeting is over. And those who might need to leave the cordoned-off area beside the meeting room for a quick interview upstairs in the hotel lobby? Go ahead. But don’t expect to be allowed back in, even if you have a proper press badge that got you in the first time! Thankfully, after, as diplomats say, a frank exchange of views on the matter with one overzealous Environment Ministry official, I managed to argue my way back in. But the amount of time wasted arguing with the bull-headed bureaucrats over the issue was a surprise, as it had never happened before.

Two actions in particular by the Environment Ministry demonstrated the arrogance and contempt Tokyo bureaucrats feel towards the Fourth Estate. In the first instance, Japanese reporters in the media room were preparing to go over to the hotel for an informal briefing of the day’s events. The time of the briefing had been clearly posted for all to see and had been verbally confirmed with the ministry. Furthermore, the briefing was not in a restricted area of the hotel. Thus, reporters were free to go over to the briefing room individually, and without having to worry about passing through metal detectors and paranoid cops and bureaucrats.

There was still about 10 minutes to go until the briefing, and most reporters were in the media center. Suddenly, somebody rushed in and shouted, “The briefing has started already!” A mad scramble ensued, as reporters grabbed phones, computers, and notepads and raced over to the briefing room, about a five minute jog away.

We arrived to find a ministry official talking rapidly to the very few reporters who had bothered to show up early. A few minutes later, he wrapped up his remarks and left with no apology, no explanation as to why his briefing started early, and no explanation as to why the ministry had failed to notify the media center of that fact.

To those unfamiliar with the way the Japanese media works, this may not seem noteworthy. But it is unprecedented in my experience. Briefings at international conferences that start late are par for the course. Briefings that start early but with an announcement to all they will start early are not unknown. But briefings that start early with no announcement from anybody that they will start early and then conducted in front of a nearly empty room until other reporters start rushing in are unimaginable. To put it politely, that’s a very serious way to piss off reporters whom you want to write nice things about your event.

Needless to say, the majority of press members were furious. After the guy who did the briefing ran out of the room like a frightened rabbit, the other Environment Ministry officials present got verbally abused by the hacks in a manner one does not hear often enough from Japanese reporters. These officials, perfect examples of the stereotypical spineless and cowardly Tokyo bureaucrat, just kept repeating, “moshiwake gozaimasen” over and over, bowing slightly and frowning when the abuse from reporters became particularly intense.

Worse was to come. On the last day of the conference, some members of the press nearly came to physical blows with the ministry’s press section. Normally at these conferences, groups of reporters wait around for a final statement from the delegates, as that’s the main news story for the day. If you’re on a tight deadline, as you usually are, it’s imperative to get a copy of the statement as quickly as possible.

How it works in Japan is that, once the final statement is ready, copies are made and then brought to wherever the reporters are. A mad rush ensues to get a copy from harried officials, and a reporter has to have the physical agility of an Olympic gymnast and the body checking skills of a Philadelphia Flyers thug-on-ice in order to squeeze through the scrum of reporters and snatch a copy.

Normally, paper copies will either be placed on a table or passed out by hand by the press officials (this is their job, after all). But when stacks of copies of the Environment Minister’s statement arrived hot off the presses from some back office and given to Environment Ministry press officials, they held the copies above their heads for all of the eagerly waiting press to see. . .and then dropped or threw the copies on the floor and backed away as the press had to dive like dogs on a bone. Of course, and is usually the case, there weren’t enough copies to go around. So, it was first come, first serve until the second batch came along 10 minutes later.

Yes, I know what you’re thinking. How pathetic on the part of all concerned. Why not avoid all of the nonsense and just post the statement on the ministry homepage and let everybody download the information with no fuss or muss? Especially at a conference on the environment where one might expect the organizers to show environmental concern by cutting down on the amount of paper used. Good question, and one you can be sure is being asked in Tokyo at the moment.

The final coup de grace, at least for the overseas media who came to Kobe thinking they were in highly organized, polite, and efficient Japan and at a G8 meeting where English language materials would be available, was not the slipshod organization, the hordes of stern-faced cops, or the childish and unprofessional attitudes of the Environment Ministry press bureau. It was the paucity of English language information.

Ministry officials would rush into the press room where the overseas media were gathered, make an announcement in Japanese and then leave quickly with no English interpretation. Thus, foreign reporters from abroad were reliant for the first day and a half or so of the conference on the kindness of Japanese reporters who took the time to interpret, or of resident foreign reporters fluent in Japanese, like myself and Archbishop Pio d’Emilia, of the Unreformed Church of the Foreign Correspondents Club of Japan.

After watching the chaos for a day or so, Pio, who does not suffer fools gladly, decided to intervene. On behalf of those reporters from abroad, Pio told the Environment Ministry in a polite but firm voice to stop running around like headless chickens, to remember this was not a domestic event but an international, G8 event, and to get its act together and provide English information to those who couldn’t understand.

To the ministry’s credit, they increased the amount of English information after that, although I can’t say if it was sufficient or not for the foreign reporters who so desperately needed it. Pio later interviewed me (wearing a “Japanese Only” T-shirt on-camera) for the Italian TV station he works for, where I spoke on the security and chaos of the conference. The damage had been done, though, and you have to wonder if the ministry officials directly involved in the G8 Environment Ministers conference will ever be reprimanded. What am I saying? Of course they won’t be.

At this point, many readers are no doubt thinking, so what? Isn’t this just all a teapot tempest, anyway, the moaning and groaning of a spoiled, arrogant American reporter who expects to be waited on hand and foot? Yes and no. Obviously in the grand scheme of things, this experience is not important and it’s hard, perhaps, impossible, not to sound like whining idiot to those who weren’t there.

I have also covered conferences in places like China and Indonesia, and, certainly, the kind of treatment dished out in Kobe to reporters is nothing compared to what foreign reporters have seen and experienced in those countries. Nobody was arrested, detained, physically abused or even shouted at by the cops or by security at the Kobe summit. In fact, the cops weren’t nearly as surly as some of the Environment Ministry officials I was forced to deal with.

But there are a number of reasons why I overcome my hesitancy about putting keystroke to Word Perfect and decided to write this story. First and foremost, many readers of Debito.org will be in or around not only Hokkaido during the main G8 Leaders Summit in July, but also Tokyo, Kansai, and other areas of Japan where the lesser ministerial summits are taking place. The security of the Environment Ministers conference may foreshadow the kinds of security measures that will be seen around Japan over the next month, as we approach the Toyako Summit. More ominously, these may be the kind of security measures we may yet see for more “international conferences” following the Hokkaido summit, as the government and their police and media allies bray on and on about possible “terrorist attacks.”

The second reason is to illustrate, in a small way, just what your tax money is buying -a stronger police state and a bureaucracy that is balkanized and increasingly unable, in my experience at least, to get the simple things done at these huge international conferences to the extent that they once could. Again, a little perspective. I’ve attended far more chaotic conferences elsewhere, as, I’m sure, all foreign reporters and delegates have, and as I’m sure many of you have. But long-term residents of whatever country they happen to reside in do have historical memory. I know many Debito.org readers in particular are likely to recall the not-too-distant past when much of the above would have been unthinkable at any type of conference in Japan.

Still, are these the cranky ramblings of a guy in middle-age who sounds like your father? Absolutely. But that doesn’t make the grumbling any less accurate, does it? NGOs in Hokkaido I have spoken to, as well as activists like Debito, who warn of G8 security measures are the thin end of the wedge, need to be taken seriously by the public and by those in the media, myself included.

Of course, human nature being what it is, incidents of bureaucratic arrogance and stupidity in the heat of the moment are often forgiven, both in the press room and among members of the public, if the bureaucrats prove themselves to be competent in the end. But that was not the case in Kobe and it may be part of a trend. As I write this, reports have reached me that the Tokyo International Conference for African Development (TICAD) in Yokohama was a logistical nightmare and also extremely poorly organized.

In Osaka, the police have been out in force for the past month, ostensibly conducting security checks in advance the upcoming G8 Finance Ministers summit in mid-June. But it’s clearly overkill and, as one friend in the local media said, it might actually backfire. The current Osaka governor has indicated he wants to cut the prefectural police budget, and what better way to garner support for the idea than by having the boys in blue out in force, harassing motorists and pedestrians who are registered voters, all for a two-day event that is unlikely to get more than a few minutes notice in the local media, if that. Still, I will be very interested, as I know Debito and many of you will be, to hear from readers after all of the hoopla is over, and to learn, once and for all, if the comments made now were reflected too much of a concern about the security measures, or too little.

(The opinions contained within this piece are those of Eric Johnston and not those of The Japan Times)

ENDS

Japan Times’ Colin Jones on Japan’s offer to sign Hague Convention on Child Abductions by 2010

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 professional assessment by legal scholar Colin Jones in the Japan Times, on Japan’s recent offer to sign the Hague Convention on Child Abductions, and promise to do something about Japan becoming a haven for international kidnapping. As Colin puts it, results remain to be seen–when an abducted child to Japan actually gets returned. But it’s never happened.  

And I know from personal experience that Japan’s signing a treaty doesn’t mean the legal structure actually enforces it, such as in the case of racial discrimination in Japan. Read on:

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

Hard work begins once Japan signs child-abduction treaty
By COLIN P.A. JONES, June 3, 2008

THE JAPAN TIMES COMMUNITY PAGE
THE ZEIT GIST

 

News photo
CHRIS McKENZIE ILLUSTRATION

If my own mailbox is any indicator, the Internet is buzzing as international family lawyers, family rights activists and others share an exciting piece of news: Japan is reportedly planning to join the Hague Convention on the Civil Aspects of International Child Abduction! Perhaps Japan’s days as a haven for international parental child abduction are numbered. Perhaps Japanese courts will stop giving the judicial seal of approval to one parent’s selfish desire to erase the other from a child’s life. Fingers crossed.

Though one could question the timing of the very low-key announcement two months before the Hokkaido G8 Summit, the Japanese authorities should be commended for taking what will be a big step forward in the sphere of private international law. The concerted pressure of diplomats from a number of countries (including several G8 nations) who have pushed Japan on this issue for years, and the efforts of activists often parents who have lost any hope of being part of their own children’s lives but have continued to speak up for the benefit of others must also be acknowledged and appreciated.

I must confess to having been skeptical that this would happen so soon (it could happen as early as 2010) if at all. I will be glad–ecstatic–to be proved wrong. However, I do not plan to crack open any champagne until an abducted child is actually returned home. International treaties, like marriages and childbirth, are events to be celebrated, but all of the hard work comes afterward.

By entering into the convention, Japan will be agreeing with other signatory countries that children wrongfully brought to Japan even by a parent will be promptly returned. One key aspect of the convention is that it limits the role of judges in these decisions. Rather than deciding whether remaining in Japan is in a child’s best interests (which has almost always been the conclusion of Japanese judges in abduction cases), in cases under the convention judges are limited to deciding whether a child has been brought from his or her home country “wrongfully” (in violation of foreign law or court orders, without the consent of the other parent, etc.). If the removal is found to be wrongful, absent exceptional circumstances the judge is supposed to order the child’s return. All this is supposed to happen on an expedited basis in order to prevent a new status quo from developing in the child’s living environment.

Two other aspects of the convention are noteworthy. First, signatory countries are obliged to help locate abducted children. This would be a great improvement over the current situation in Japan, where parents who are able to commence what is likely to be hopelessly futile litigation in Japan’s family courts are actually the lucky ones, since this means they at least know where their children are. Less lucky parents have to try and find their children somewhere in the country, often disadvantaged by barriers of language and culture. The act of trying to find or communicate with your own child may even be deemed a form of stalking.

Second, the convention protects rights of access (or visitation, as it is called in some countries). Thus even foreign parents who do not have custody over their children can use the convention to try to preserve contact with children brought to Japan. Courts in some convention countries have been aggressive in interpreting this provision to ensure that even a parent with full custody does not use those rights to frustrate visitation by the other by relocating to a foreign country. Since Japanese courts typically only award visitation if both parents agree, and visitation orders are unenforceable anyway, any improvement in this area would be welcome.

Enforcement of return orders is likely to be the big hurdle for Japan in implementing the convention. Enforcement is an obstacle even in strictly domestic disputes between Japanese parents over child abduction or denial of access. Since family court orders are unenforceable, one wonders what will happen when the first return order is issued by a Japanese judge under the convention. It is, after all, clearly limited to the civil aspects of child abduction it does not require that children be returned by force.

In the U.S. or Canada, whether a case arises under the convention or not, court orders are backed by quasi-criminal sanctions such as contempt. In some states interfering with custody or visitation is itself a criminal offense. Even if it is not, a parent in these countries seeking to enforce access rights or the return of a child can usually call upon the police to help them. In extreme cases intransigent parents resisting enforcement may be arrested or jailed.

In Japan, however, police typically do not get involved in family matters or in the enforcement of court orders in civil matters. The only remedy available to parents with even a whiff of penal sanction involved is habeas corpus (which requires an abducting parent to appear with the child in court), though access to this remedy in disputes between parents has been limited by the Supreme Court.

It seems unlikely that Japan joining the convention alone would change this basic aspect of the country’s legal system, since it would involve the police (and prosecutors) in a vast new area of law enforcement family disputes when only a tiny fraction of such disputes would involve the Hague Convention. Perhaps some enforcement mechanism limited to convention cases will be developed, though it would be an odd (though not impossible) result if parents and children from abroad got a better deal in the Japanese legal system than those actually living in Japan. Furthermore, bureaucratic imperatives being at least as important as actual law in Japan, it is difficult to imagine how the police and prosecutors could ever find it in their interests to be arresting Japanese parents (more often than not mothers) in order to return Japanese children to foreigners.

Thus, if Japan joins the convention, its implementation may develop in one of three ways. First, it may be implemented as it is in other major countries and abducted children will be returned through its procedures–great! Or judges will issue return orders that prove impossible to enforce, leaving things largely as they are now. Perhaps convention cases will be given greater access to habeas corpus, which could be an improvement.

A third possibility, however, is that rather than issuing orders they know are unenforceable (or to avoid being seen as favoring foreigners), judges aggressively take advantage of the exceptions in the convention. One of these is that children do not need to be returned if it would “expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.” In some countries this exception is limited to cases where the child would be returned to a war zone, or similar situations. However, if the reasons used for denying visitation are any indicator–excessive present-buying, visitation making the custodial parent ill, etc. are any indicator, the bar for applying the psychological harm exception may end up being low.

Under the convention, another reason for refusing to return the child is if “the child objects and has attained an age and degree of maturity at which it is appropriate to take account of its views.” Since the convention does not specify what this age is, it gives courts a high degree of flexibility. Thus Japanese courts could continue to reward parental alienation by placing the burden of deciding on children. Getting children to say “I don’t want to see Daddy/Mommy” seems to work pretty well for getting a court to deny visitation, so getting them to say “I want to stay in Japan with Daddy/Mommy/Grandma” may work in convention cases too.

I feel like a bit of a wet blanket writing this. Make no mistake, it will be great if Japan actually does join the convention. Whatever help Japanese authorities need in understanding and implementing the convention should be offered unstintingly. Anything which improves the situation of children abducted to Japan is to be applauded. And if joining the convention somehow leads to improvements for the many more Japanese children in strictly domestic cases who lose one parent through judicial action (or inaction), it would be almost revolutionary.

Colin P.A. Jones is a professor at Doshisha University Law School. Send comments and story ideas to community@japantimes.co.jp
The Japan Times: Tuesday, June 3, 2008

Japan Times Community Page May 28, 2008 on Permanent Residency: “Bad PR for Japan”

mytest

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Arbitrary rulings equal bad PR

Article 44, May 27, 2008, Courtesy of http://search.japantimes.co.jp/cgi-bin/fl20080527zg.html
“Director’s Cut” with links to sources.
Getting to know Japan is hard work: a complicated language, cultural esoterica, mixed messages about prudent paths to take. People who find their way around and assimilate deserve kudos and respect.
News photo
Never enough?: Sayuki attended Japanese high school, graduated from Keio University, earned a Japanese teaching qualification, worked at Kyodo photo News and NHK, made TV programs and published books about Japan, lectured in Japanese studies in Singapore, and then became the first-ever white geisha. Despite having spent 15 years in Japan, her application for Permanent Residency was refused. KERRY RAFTIS PHOTO
 

And reward. The Japanese government should welcome them by granting Permanent Residency (“eijuken”). But recently people eminently qualified under PR guidelines are being rejected — even Japan’s first Caucasian geisha!

First, why PR? Well, try buying a house without it; most legitimate financial institutions (those run by individuals who still have pinkies) will not grant major loans.

Also, goodbye visa-renewal hassles, and you can take any kind of employment, change jobs, get divorced, etc., all without the risk of visa violation. PR is the next best thing to citizenship, without the identity sacrifice of giving up your native passport (since Japan doesn’t allow dual nationality).

Who qualifies? According to Immigration ( www.immi-moj.go.jp/), PR is a matter of time, visa tenure, and marital status.

In principle, people of moral fiber and legal solvency qualify after 10 years’ consecutive stay — half that if you are deemed to have “contributed to Japan.” For those with Japanese spouses or descendants (“Nikkei” Brazilians, for example), three to five consecutive years are traditionally sufficient.

That’s pretty long. The world’s most famous PR, the U.S. “green card,” only requires two years with an American spouse, three years’ continuous residency without. (Source: UCSIS.gov Section (I)8/(1)(A))

Still, record numbers of non-Japanese are applying. The population of immigrants with PR has increased about 15 percent annually since 2002. That means as of 2007, “newcomer” PRs probably outnumber the “Zainichi” Special PRs (the Japan-born “foreigners” of Korean, Chinese, etc. descent) for the first time in history.

At these growth rates, by 2010 Japan will have a million PRs of any nationality — close to half the registered non-Japanese population will be permitted to stay forever.

But I wonder if Japan’s mandarins now feel PRs have reached “carrying capacity” and have started throwing up more hurdles. Let’s triangulate from three examples this past month.

Jack Dawson (a pseudonym) is the head of an English department in Fukuoka, one of only a few NJ permanently employed at Japanese elementary schools. Having worked continuously in Japan for nine years, he has been married for six with a Japanese and sired two children.

Under PR guidelines, he should be a shoo-in. But Fukuoka Immigration told Dawson he didn’t qualify. “They said I needed to be here 10 years,” he says.

Mark Butler (also a pseudonym), an unmarried Ph.D candidate at Tokyo University, has worked for a Tokyo securities firm for 8 1/2 years. He’s been on a work visa for 9 1/2 years, after spending his initial six months here on a student visa.

“I want a mortgage,” said Mark, “but despite a lucrative job, seven banks refused me outright because I didn’t have PR. Some banks even told me to naturalize, just for a loan!

“So after 10 years, I asked Immigration if I qualified for PR. They said I’d probably get rejected because I’m six months short; when I changed my visa from student to work, the timer reset to zero. But they said I could still apply — a rejection now wouldn’t affect future PR applications.

“So I applied, and was rejected. They suggested I get married, change to a spouse visa, and wait three more years. But we can’t afford to keep renting!”

Mark stresses he’s not angry, and will reapply later this year.

But the case that takes the cake is Japan’s first Caucasian geisha.

Sayuki, a 15-year non-continuous resident of Japan, thought she qualified under “contributions to Japan.” Immigration’s Web site (www.immi-moj.go.jp/english/tetuduki/zairyuu/contribution.html ) includes examples like awards “internationally evaluated as authoritative” (such as a Nobel Prize or an Olympic medal), domestic medals (such as the Order of Culture), or other activities helping Japan “through medical, educational and other vocational activities.” They also gave 38 examples of successful candidates ( www.immi-moj.go.jp/english/tetuduki/zairyuu/eizyuu.html ).

Sayuki hasn’t gotten her Nobel yet, but felt she had done plenty. Attending Japanese high school and university for 10 consecutive years (the first Caucasian woman accepted and the first to graduate as a regular student from Keio), she earned a teaching qualification in Japanese, and became a regular journalist at Kyodo News and NHK.

After making more than 10 television programs about Japan, publishing three academic books and lecturing in Japanese Studies at the National University of Singapore, Sayuki topped these achievements off by becoming a geisha. Hence the name.

Nevertheless, Immigration rejected Sayuki’s application, with the stock answer of, “Your actual achievements up to now cannot be acknowledged as sufficient for granting PR.” [Original Japanese is あなたのこれまでの在留実績からみて,永住を許可するに足りる相当の理由が認められません。]

It was a slap.

Don’t let your ‘visa clock’ reset

“Continuous residence in Japan” is crucial for upgrading your visa status or getting Permanent Residency. Stays of five to 10 years are meaningless if they are discontinuous.

If you go outside Japan for any length of time, you must get a Re-Entry Permit (“sai nyukoku kyoka”) beforehand. Without it, your “visa clock” will reset to zero.

Even if you already have PR, if you leave Japan without a valid REP (or it expires while overseas), you will lose your PR and have to start all over again.

More information in “Handbook for Newcomers, Migrants, and Immigrants to Japan” (Akashi Shoten Inc. 2008).

“The utter ridiculousness of me being rejected just because my fifteen years were nonconsecutive!” wrote an indignant Sayuki. “Whether or not I was here, I have been contributing to Japan since I was 22 years old. I was busy making television programs, lecturing and writing books on Japan overseas, and promoting Japanese culture to hundreds of students and academics worldwide.

“Then I became the first foreigner to represent Japan as a geisha, the most recognizable icon of Japaneseness. They wouldn’t take any of that into consideration.”

So maybe people shouldn’t bother learning Japan’s language and culture. Why not just put in the time, get married, and let inertia coast you through?

Because even that is no guarantee. PR requirements seem to depend on at which Immigration branch you apply, and which bureaucrat you talk to. Immigration’s English and Japanese Web sites even differ, according to respondents to the Debito.org blog (www.debito.org/?p=1664 ). Some applicants wrote that they got PR after only three years, others were told they needed to have put in the better part of a decade — yet others closer to 20 years!

“Looks like Immigration bureaus have no standard procedure,” says Dawson. “It’s poor management by the government.”

Most ironic is that naturalization requires only five years’ continuous residence regardless of marital status. It’s arguably easier to qualify for citizenship than PR!

The point is that Immigration seems overly eager to reset the “visa clock,” as opposed to judging people on their individual merits and contributions. Sorry, but too much emphasis seems to be put on continuous residence and spouse. Life is often more complicated for those of us who aren’t bureaucrats.

In some ways, the PR regime appears to be anti-assimilative, especially when you consider the lack of transparency. For one, despite the deliberation process being supposedly case-by-case, the “rejection process” is anything but: The mandarins need not reveal their reasons for turning down an application. What’s to keep officials from denying PR because, say, they had a bad “bento” boxed lunch that day, or because your revenue stamp was stuck on crooked? We’d never know.

You can appeal the ruling but, according to Akira Higuchi, administrative solicitor and Immigration consultant, precedent won’t be on your side.

“One time the High Court ordered Immigration to reverse their rejection of a PR application. But that was partly because Immigration made a mistake collecting information. If you appeal but there were no mistakes, you must show PR guidelines are wrong or too inflexible. That’s extremely difficult to accomplish,” says Higuchi.

“You can contact Immigration lawyers (“bengoshi” or “gyosei shoshi”). An hour or so consultation shouldn’t cost too much, and they may come up with a better solution after examining your explanations/documents. But I suggest people just wait and reapply later. . . . There may be major changes to the PR regime next year.”

Whether Immigration is planning to ease or standardize the qualifications is unclear, but without more transparency, the results will be largely the same: We reject you — tough nuts.

Ultimately, this degree of arbitrary rigmarole puts Japan at a competitive disadvantage for attracting qualified, educated migrants. As the New York Times reported May 17, 2008, “Japan is running out of engineers,” adding that “Japan had 157,719 foreigners working in highly skilled professions in 2006, a far cry from the 7.8 million in the United States.”

Lots of newcomers not only know Japan, but also know stuff Japan needs. Must we require they devote up to an eighth of their life-span without a break, or else get married (the worst kind of “local content” requirement, and not a legal option for many; Japan does not recognize same-sex civil unions) before deigning to allow them to stay here securely?

Many of them might (and do) think twice about coming here at all.

Wise up, Immigration, and help Japan face its future. We need more people to stay on and pay into our aging society and groaning pension system.

Remember, non-Japanese do have a choice: They can either help bail the water from our listing ship, or bail out altogether.

Sayuki can be contacted via her Web site at www.sayuki.net. Send comments and story ideas to community@japantimes.co.jp
ENDS

Kyodo/Japan Today on Anthony Bianchi’s moves as Inuyama City Councilor

mytest

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Hi Blog.  Old friend Anthony is showing great sustainability in his work as an elected town councilor–as the article below shows.  However, as commenters to Japan Today noted, the article neglects to mention one more factor in how difficult it is to be where he is today:  “Gives readers the wrong impression that any old Gaijin could do this if they want to. You have to become Japanese first!”  Anyway, good work, Bianchi-san.  Keep it up!  Debito in Sapporo

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

New Yorker, now councilman in Japan, aims to inspire American high schoolers
By Kevin Kuo
Kyodo/Japan Today, Undated, downloaded May 22, 2008
http://www.japantoday.com/category/lifestyle/view/new-yorker-now-councilman-in-japan-aims-to-inspire-american-high-schoolers
Courtesy of Dave Spector

NEW YORK —
Anthony Bianchi, a native New Yorker and current councilman in the rural Japanese city of Inuyama, recently hosted the first-ever Japan Day at his alma mater in Brooklyn, bringing with him some 30 students, local artists and craftsman from the Aichi Prefecture city as part of a cultural exchange program.

Widely known in Japan as the first North American councilman, the 49-year-old is currently serving out his fifth year in office in the central Japan city. But in his native Brooklyn he is mostly seen as an active alumnus of Xaverian High School with a penchant for promoting better Japan-U.S. relations.

‘‘The experience changed my life,’’ said Joe Giamboi, a senior who traveled to Japan last year. ‘‘It opened up the world to me.’’

The cultural exchange program, Building Bridges, aims to expose teens like Giamboi to the many aspects of contemporary and traditional Japan while also offering students an opportunity to showcase their musical talents to a foreign audience.

The program was established five years ago by Bianchi and Joe Loposky, Xaverian High’s music program director.

Since its inception, more than 100 Xaverian students have traveled to Japan to experience living with Japanese families, performing their repertoire of American tunes as well as opening up their perspectives on the world.

‘‘It’s more than just a home-stay program,’’ Loposky said. ‘‘Our boys are going over there to serve. They perform Jazz and Doowop, examples of American culture that Japanese over there may never have a chance to experience.’’

Building Bridges alternates trips annually, sending teens to Inuyama one year and then taking Inuyama residents to Xaverian the next.

This year the visitors from Inuyama City, a quaint locale of approximately 73,000 residents, showcased their talents and crafts for the program’s first-ever Japan Day festival.

The American students were offered chances to don traditional kimonos and watched a master craftsman bind the laces onto geta or traditional Japanese shoes.

They were also awestruck by Ouson Ito, who artfully combined her Japanese calligraphy with dramatic performance.

Ito, who began learning her trade at 6, drew the word ‘‘musubu’’ which means link or connection. She described how the original Chinese character consisted of two kanji, on the left a character representing string and on the right happiness.

She drew the character with the hope that Xaverian High School and Inuyama city would continue to maintain strong ties in the future.

The ties are already being established by other young students, such as Patrick Borja, a senior who thinks of Japan as another home. Though born in America, he has traveled to his parents’ native home in South America.

‘‘Japan has become my third home,’’ Borja said, explaining that ‘‘through the experience, I came back with greater confidence.’’

While Xaverian does not yet have a Japanese program, it is testing the waters with the hopes of setting up a teacher exchange between schools in Inuyama and Xaverian that would be mutually beneficial, Bianchi said.

Bianchi, whose first experience in Japan came through a home-stay program advertised in a newspaper, hopes that the program will encourage students to build international friendships.

‘‘If it weren’t for that home-stay experience in Japan, none of this would have happened,’’ Bianchi said, referring to his life in Japan. ‘‘I think it’s important for people to meet. I hope the relationships continue to develop and blossom.’’

The councilman smiled when asked about the similarities between his hometown in Brooklyn and his new home in Inuyama.

‘‘I liked Inuyama because it had a nostalgic feeling,’’ he said. ‘‘It was like an Italian household where they had three generations under one roof.’’ He said jokingly that one of the main differences between families in Inuyama and Brooklyn is that in Inuyama, ‘‘they don’t eat pasta.’’

Despite having distinct cultures, in both places he sensed a commonality in their deep respect for community.

The Building Bridges program, while not funded by Inuyama City, has benefited from Bianchi’s role as councilman. The city government has provided buses and the use of facilities which is sometimes ‘‘more helpful than money,’’ he said.

Before becoming a councilman, Bianchi worked first as an English teacher on the Japan Exchange and Teaching Program and then spent eight years with Inuyama City’s Department of Education.

His move to the political arena was sparked by his desire to improve the city he had grown to love.

Although he doesn’t think of himself as a politician, Bianchi has had a significant impact on the image of Japan and Japanese politics both in his hometown of Brooklyn as well as in Japan.

One parent of a student who traveled to Japan last year said of Bianchi’s role as a councilman of Inuyama city, ‘‘I think it’s fantastic. I didn’t know an American could do that in Japan.’’

He hopes that his experience will encourage others to take more active roles in their local communities and governments.

‘‘Sometimes you think that you can’t change Japan because it’s this big monolithic thing.’’ he said. ‘‘To some people it represents change…I think it gives other Japanese the encouragement to do something…If you don’t like how the government is run, you can do something about it.’’

In his thick Brooklyn accent, the gregarious Bianchi repeated, ‘‘Hey… If I can do it you can do it.’’

ENDS

Terrie’s Take 469: GOJ to sign Hague Convention on Child Abduction by 2010

mytest

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Hi Blog. The GOJ recently told the United Nations Human Rights Council that it suddenly has an interest in upholding international treaty against child abductions. Witness:

============================
HUMAN RIGHTS COUNCIL
Working Group on the Universal Periodic Review
Second session, Geneva, 5 – 19 May 2008
A/HRC/WG.6/2/L.10 14 May 2008
DRAFT REPORT OF THE WORKING GROUP ON THE UNIVERSAL PERIODIC REVIEW
Japan
(excerpt)
6. “Responding to various written questions submitted in advance, Japan stated its
willingness to cooperate with Special Rapporteurs, including arranging visits to the country
as time permits. Japan was also studying the relationship between the provisions of the
Optional Protocol to the Convention against Torture protocol and domestic legislation,
including on how the “visits” mentioned in the protocol will be carried out in practice. It
stated that it regards the Hague Convention on the Civil Aspects of International Child
Abduction and the Convention on Jurisdiction, Applicable Law, Recognition, and
Cooperation in respect of Parental Responsibility and Measures for the Protection of
Children as effective tools for children’s rights and welfare, and will continue to study the
possible conclusion of the two conventions by giving due consideration to, inter alia, the
current social system, and the cultural situation of Japan.”

http://www.upr-info.org/IMG/pdf/UPR-_Japan_WG_report__text.pdf

(More excerpts on Debito.org here.)

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

Well, what a nice little article in ABC News and a bit of pressure from a couple of governments won’t do! As witnessed in this nice little roundup in Terrie’s Take from last weekend. Forwarding in its entirety. Bests, Arudou Debito in Sapporo

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

General Edition Sunday, May 18, 2008 Issue No. 469 (excerpt)

Two weeks ago, the Japanese government made a notable announcement that may make Japan more compatible with the legal conventions used internationally, and will be of particular benefit to non-Japanese spouses of Japanese. The announcement was that by 2010, Japan would sign the the 1980 Hague Convention on Civil Aspects of International Child Abduction, an international legal construct that attempts to deal with the thorny issue of court jurisdiction when children of international marriages are moved cross-border, often by a parent trying to thwart a court ruling in the previous jurisdiction.

Currently, Japan is known as a haven for disaffected Japanese spouses who, in getting divorced, abscond with their kids back to Japan. Once in Japan they can dare their foreign spouses to try getting the kids back — something that despite around 13,000 international divorces a year in Japan and more overseas, has NEVER happened.

The reason for this astounding statistic, that of zero repatriations of abducted children from international marriages after the kids have been abducted to Japan, is entirely to do with the attitudes of the Japanese judiciary and their wish to maintain 19th Century customs in the face of international pressure. Japan has ratified many parts of the Hague Convention treaties over the years, but in terms of repatriation of kids, they have been claiming for 20 years now to be “studying” the issue. That’s Japan-speak for “we’re not interested in making any changes”.

Our guess is that the recent announcement occurred after pressure from the USA and Canada, in particular. Things started to come to a head about 5 years ago, when fed up by repeating occurences of child abductions from both of those countries, and despite court decisions there for custody to go to the local parent, the consular staff of a number of these foreign embassies started holding annual summits to discuss the problem. These discussions escalated to pressure on foreign governmental agencies and politicians in some of Japan’s biggest trading partners — and finally someone spoke to the Japanese government at a sufficiently high enough level to get their attention.

The subject became especially sensitive when the Japanese were at the peak of their indignation over the North Korean abductions of Japanese citizens several years ago, and were seeking international support. All the while, Japanese law allowed similar types of abductions here.

In case you’re not up on the state of play, there were 44,000 international marriages registered in Japan in 2006, and probably a good percentage of that number again of Japanese marrying overseas but not bothering to register back in Japan. The divorce rate within Japan is about 30%, and for Japanese living overseas (take the US as an example), it is typical of the local population, so more like 50%-60%. Thus there are a lot of international separations — many of which are not amicable.

But it’s when the kids are involved that things start getting really nasty. Usually in the case of a divorced international couple going to court overseas and after custody is awarded, if one of the parents fears a possible adbuction situation, the couple can be placed under a restraining order not to travel without the other spouse’s consent. The USA, Canada, Australia, and UK all do this. The kids’ passports will often be withheld as well. Unfortunately, there have been a number of cases where the Japanese spouse then “loses” the kids Japanese passports and applies to the local consulate for replacements — only to hop a flight back to Tokyo a few hours later, with the kids in tow.

Once in Japan, the jurisdiction suddenly falls to the Japanese courts, even if there is a foreign arrest warrant out for the absconding partner, and in several cases, even if there is an Interpol arrest warrant out. In Japan, there is no concept of joint custody, and the partner allowed to keep the kids is the one that has held them for the previous few months.

The courts’ opinion here is that kids need a stable environment, and the act of being the only guardian for a period of time, even if that guardian was in hiding, qualifies for this — unless the kids are under 5 years old, in which case they will typically be returned to the mother (if the father is the abscondee), or to the father if the mother has deceased. But not always. There are cases where the Japanese mother has died and the Japanese grandparents have kept the kids, instead of returning them to the foreign father. You can read more about this sad state of affairs at http://www.crnjapan.com/en/.

You won’t believe that this kind of thing is still going on in a first-world country like Japan in the 21st century.

The Japanese court attitude thereby encourages Japanese spouses wanting to hang on to their kids to hightail it back to Japan and lie low for 6 months. Currently there has been no case, even after the Japanese Supreme Court has awarded rightful custody to the foreign parent, where that aggrieved foreign parent has been able to go get their kids back. The reason is quite simply that Japan doesn’t have a mechanism for properly enforcing civil suit judgments, and typically a breach of an order in a civil suit does not result in the offender being subject to a subsequent criminal suit.

Thus, the Hague Convention on child abduction provides a mechanism whereby if children are illegally removed from their country of habitual residence, they must be returned, and the jurisdiction for subsequent court decisions is taken out of the hands of the Japanese courts. This is the first step in making international court rulings involving kids, stick.

We believe that this is going to be a long and slow process, but once the treaty is signed and the first few cases start to be heard, either the kids involved will be returned or the parent trying to hang on to them will create an international brouhaha that will highlight to the world the lack of protection of rights for international parents here in Japan. Who knows, maybe this will start another process — that of allowing foreigners actually residing within Japan to also regain the simple right of access to their children after a divorce.

But in reality we think this level of change will take several more generations and a lot more foreigners living in Japan to achieve…
ENDS

Highlights of UN OHCHR Universal Periodic Review of Japan’s Human Rights Record, May 14, 2008

mytest

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Hi Blog. Here’s what investigating countries at the United Nations are saying about Japan’s human rights record.

Full file at http://www.upr-info.org/IMG/pdf/UPR-_Japan_WG_report__text.pdf, or
https://www.debito.org/UPR-JapanWGreport051408.pdf

First, some highlights of what the GOJ itself says it’s doing about following treaties and human rights standards, then other countries respond with a surprising degree of awareness. The biggest issues seem to be the death penalty, human trafficking, and rights for women (with historical issues brought up by neighboring Asian countries), but as far as Debito.org is concerned, there is plenty of attention devoted to issues we’ve been raising all along. Even if Special Rapporteur Doudou Diene’s reports on racism in Japan are mostly being ignored by our government, they certainly are being read by members of the UN.

Do try to read parts of the UPR Report with a straight face, as that’s what our government is making a number of risible claims with. I offer links to sections on Debito.org that are at odds with the GOJ’s claims. Arudou Debito in Sapporo

==============================
HUMAN RIGHTS COUNCIL
Working Group on the Universal Periodic Review
Second session, Geneva, 5 – 19 May 2008
A/HRC/WG.6/2/L.10 14 May 2008
DRAFT REPORT OF THE WORKING GROUP ON THE UNIVERSAL PERIODIC REVIEW
Japan
(excerpt)
7. Japan attached great importance to human rights education, based on the conviction that in order for all people to enjoy human rights and live contented lives, each citizen must fulfil his or her responsibility to uphold the freedoms and rights guaranteed to them, and at the same time must correctly understand and respect other people’s human rights. It referred to initiatives taken. Regarding the human rights of foreign residents in Japan, it is responding to various needs by establishing Human Rights Counseling Offices for Foreign Nationals with interpretation services at some Legal Affairs Bureaus. It was explained that in March 2002, the Ministry of Justice submitted the Human Rights Bill to establish a new Human Rights Commission which was not completed because of the dissolution of the lower house in October 2003, and the Ministry of Justice continued to review the Bill. Japan explained, inter alia, that it has been striving to realize a society without any form of racial or ethnic discrimination and that in order to prevent such human rights violations it pursues the strict implementation of relevant domestic laws and promotes activities for raising public awareness.

[COUNTERARGUMENT regarding the efficacy of these oft-cited “Human Rights Counseling Offices” here: https://www.debito.org/policeapology.html
also https://www.debito.org/japantimes070803.html]

8. …With regard to the police detention system, it was explained that the necessity of detention was strictly examined by the police, a prosecutor, and a judge in due order, and that a judge decides on its necessity and the placement of the detention for a maximum of 10 days. A prosecutor and a judge respectively review the necessity of the extension of the detention, and a judge order is also necessary for the extension, which cannot exceed 20 days in total. The Delegation stated that the substitute detention system was indispensable to carrying out prompt and effective investigations. At the police detention facilities, investigative officers were not allowed to control the treatment of detainees; detention operations were conducted by the detention division of the facility, which is not involved in investigations at all. The Delegation also explained that, regardless of the type of crime committed, detainees can have consultations with their lawyer at anytime and there is no official watch person during the meeting and no time limitation. Under the Penal and Detention Facilities Act, a new system has been introduced to make up a third party committee to inspect detention facilities and to state their opinions on the management of the facilities. In addition, a complaints mechanism has been developed in order to ensure the appropriate treatment of detainees…

[COUNTERARGUMENT regarding the underlined sections above:
https://www.debito.org/?p=1437
https://www.debito.org/whattodoif.html#arrested
https://www.debito.org/japantimes102305detentions.html
https://www.debito.org/japantimes081407.html
https://www.debito.org/?s=Idubor]

11. On the question of civil society cooperation in the process of drafting the national report, the Delegation indicated, inter alia, that the Ministry of Foreign Affairs posted information on the UPR system and process on its website, and asked for opinions ofNGOs and ordinary citizens about the government report and that as a result, it received opinions from 11 NGOs and 214 ordinary citizens. Additionally, the Delegation stated that Japan
recognized that there was still room for improvement, and stated that in the international community, due to globalization and environmental changes, new challenges were being faced and that Japan will continue its contribution to achieve better results for the human rights in the international community, in close cooperation with the United Nations, regional communities, other national Governments, and civil society.

[COUNTERARGUMENT: Read what happened at one of their attempts to ask for opinions of civil society–they refused to calm right-wing agitators and brought the meeting to a close, never to open again:
https://www.debito.org/?p=544]

QUESTIONS FROM OTHER COUNTRIES:
16. …Belgium also noted concerns about the prolonged detention in police stations’daiyo kangoku’, the high conviction rate and that several recent cases have indicated that forced confessions have been made, giving rise to regrettable judicial errors. Belgium recommended that in order to avoid the police and the judiciary putting excessive pressure on an accused person to confess: (i) there should be more systematic and intensive work to bring the risk of forced confession to the attention of the police, (ii) interrogation monitoring procedures should be reviewed, (iii) the use of prolonged police detention should be re-examined and (iv) the Criminal Code should be reviewed to ensure its conformity with article 15 of the Convention against Torture.

[MORE ON THIS: https://www.debito.org/?p=415]

18. …It also noted that the Special Rapporteur on contemporary forms of racism has requested the Japanese Government to eliminate racial discrimination and xenophobia. China hoped that the Japanese Government will seriously address those concerns and adopt effective measures to implement the recommendations of those mechanisms.

[MORE ON THIS: https://www.debito.org/rapporteur.html]

19. …Canada referred to studies showing that an increase in international marriages has resulted in an increase in complex divorce and custody cases and noted that there is no formal mechanism to deal with international child custody cases. It recommended that Japan develop a mechanism to ensure the prompt return of children who have been wrongfully removed from or prevented from returning to their habitual place of residence, and also examine the possibility of acceding to the 1980 Hague Convention on Civil Aspects of International Child Abduction.

[MORE ON THIS: https://www.debito.org/?p=798
https://www.debito.org/?p=607
https://www.debito.org/?p=1370]

…[Canada also] referred to reports which indicate the prevalent use of prolonged detention of arrested persons, including detention after they appear before a court and up to the point of indictment and recommended that Japan institute mechanisms to enhance procedural guarantees for the detention of detainees.

[MORE ON THIS: https://www.debito.org/?p=1652]

21. …[The] United Kingdom recommended that Japan implement the relevant recommendations of the Committee against Torture with regard to external monitoring of police custody and that it ratify the Optional Protocol to CAT as soon as possible. It also recommended that Japan review the Daiyo Kangoku system in order to ensure that the detention procedure is consistent with its obligations under human rights law. It also wished to know whether the Government is intending to take further measures in response to the concerns raised on these issues in other reports provided for this review. It further recommended that civil society be fully involved in the follow-up process to the UPR at the national level.

THE JAPANESE GOVERNMENT RESPONDS

28. Following the interventions, Japan noted that the Government pursues the goals of ensuring equal rights and opportunities for foreigners, respecting foreigners’ culture and values, and promoting mutual understanding to realize a society in which Japanese and foreigners can live together… Japan stressed its efforts, based on its Constitution and the International Convention on the Elimination of All Forms of Racial Discrimination, to realize a society where there is no discrimination due to race, ethnic groups or others and its active work towards the elimination of racial discrimination in the United Nations and other forums. The Government noted that foreigners who wish to obtain Japanese nationality are not requested to change their names to Japanese names, and stated that foreigners can decide on their names on their own after naturalization…

OTHER COUNTRIES CONTINUE

33. …Brazil recommended that Japan consider adhering to the compliant procedures of the Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Elimination of All Forms of Racial Discrimination and that it ratify the Optional Protocol to the Convention against Torture. It recommended that Japan consider establishing legislation defining and prohibiting discrimination in all forms and recommended that it consider a standing invitation to the special procedures.

34. …[Iran] strongly recommended that the Government adopt, as a matter of urgency, a national law against
racism, discrimination and xenophobia and set up an independent mechanism for investigating complaints ofhuman rights violations.

35. The United States of America expressed the hope that Japan’s commitment to democracy and the protection and promotion of human rights would serve as an example for others and wished to know what protections the Government has put in place to ensure that abuses do not occur in immigration detention centres. It also asked whether Japan will allow international monitors to examine the immigration detention centres and make recommendations to strengthen protections, and recommended that Japan permit international monitors to examine immigration centres.

36. …Germany also made reference to the concerns expressed by the Committee against Torture about the systematic use of the Daiyo Kangoku substitute prison system for the prolonged detention of arrested persons. It also noted that nongovernmental organizations had expressed concern regarding the non-regulation of the length of interrogations, restricted access of lawyers to their clients, and non-recording of sessions of interrogation.

40. Guatemala noted that racism and discrimination still exist in the Japanese society, indicating that the fight against all forms of discrimination and the protection of minorities, and especially vulnerable groups, required an appropriate legislative framework and therefore urged Japan to consider introducing a definition of discrimination in its criminal law. In the area ofprotection of the human rights of migrants and the fight against xenophobia, Guatemala noted the recommendation of the Special Rapporteur on contemporary forms of racism in favour of abolishing the system established by the Migration Office of the Ministry of Justice, calling upon citizens to proceed to anonymous denunciations on its website, of migrants suspected of being in an irregular situation, and recommended that it be abolished because this might constitute an incitation to racism, racial discrimination and xenophobia.

[MORE ON THIS: https://www.debito.org/japantimes033004.html]

THE JAPANESE GOVERNMENT RESPONDS

46. …Regarding the question on immigration detention centres, the Government noted that due attention is paid to the human rights of the detainees, and the cases where officials were accused to have committed violence mostly happened coincidently in the course of those official’s controlling the violation ofthe rules in those facilities. Detainees can submit complaints against their treatment to the Minister of Justice. Additionally, to prevent violence at penitentiary institutions, Japan provides officers with education to promote necessary human rights protection measures, and establishes complaints mechanisms and inspection committees. Medical services are provided to prisoners by doctors, and prisoners are transferred to medical prisons to receive necessary medical treatment.

[NOT ALWAYS, ACCORDING TO THE VALENTINE CASE: https://www.debito.org/japantimes081407.html]

OTHER COUNTRIES CONTINUE

50. …According to the information of the Special Rapporteur on contemporary forms of racism, in Japan there are still cases of racial discrimination and xenophobia affecting national minorities, foreigners and migrants. Minorities are in a vulnerable economic and social situation with respect to employment, access to housing, marriage, pension coverage, access to health facilities and education and the State institutions. Russian Federation asked about steps taken to combat the manifestation of racial discrimination and xenophobia.

THE JAPANESE GOVERNMENT RESPONDS

59. Japan stated that, in penal institutions, attention should be paid to helping inmates sentenced to the death penalty maintain emotional stability as well as to ensure secure custody. Inmates sentenced to death are notified of their execution on the day of the execution. Japan is concerned that inmates should become emotionally unstable and could suffer serious emotional distress if they are notified in advance of the exact date. For this reason, Japan believes that the current practice is inevitable. The Government did not have statistics on the number of death penalty sentences in 2007, and thus was unable to respond whether there was an increase since 1980 or not. With regard to calls for a moratorium on the death penalty, Japan considered that it would be very cruel to first give the expectation to the prisoners that they will not be executed, and later inform them that they will be executed. With regard to imprisonment without parole, Japan considered that this may be a cruel and problematic system that has the possibility to destroy the personal character of prisoners; therefore the introduction of such a system needs to be considered very carefully.

[COUNTERARGUMENT: Fascinating logic, not based upon any science. Not everyone agrees: https://www.debito.org/?p=1426]

…On the question of the high rate of convictions, the Government noted that this is the aggregated result of the judgements given by each court, and that the criminal procedures are based on the very thorough investigation, very restrictive indictment based on the investigation and the proper proving at the trial, thus it does not consider high conviction rates as abnormal.

[COUNTERARGUMENT: 99.9% CONVICTION RATES ARE “NOT ABNORMAL”? Again, not everyone agrees, including former NPA prosecutor and now Dietmember Kamei Shizuka: https://www.debito.org/?p=1426]

…While it acknowledged criticism against the substitute detention system, the Government noted that it makes various efforts to ensure appropriate treatment of the detainees. It also pointed out that the system does not discriminate between Japanese and foreign detainees.

[COUNTERARGUMENT: Except that foreigners cannot be released bail, and cannot be released under any circumstances even when declared innocent by a court, during the prosecution’s appeal. That’s discriminating between Japanese and foreign detainees.
https://www.debito.org/?p=1447
https://www.debito.org/?p=1659]

…Japan also noted operations of the substitute detention system continue to be improved. On the issue of the video-recording of interrogations, the Delegation stated that statements by the suspect is important in order to elucidate the truth in investigations and that the mandating to record all interrogation sometimes can hamper relations between the investigator and the criminal, and may serve to stop the suspect from telling the truth. Japan noted that a careful consideration is needed of the introduction of such monitoring and video-taping.

[COUNTERARGUMENT: Fascinating logic, again not based upon any science. Better not videotape or the suspect might lie? That reason was made up on the fly.]

SUMMARY RECOMMENDATIONS MADE WHICH ARE RELEVANT TO DEBITO.ORG

6. Adapt national legislation to bring it into line with the principles of equality and non-discrimination. (Slovenia); Consider establishing legislation defining and prohibiting discrimination in all forms (Brazil); Consider introducing a definition of discrimination in its criminal law (Guatemala); Adopt, as a matter of urgency, a national law against racism, discrimination and xenophobia (Islamic Republic of Iran);

13. Ensure that the interrogation of detainees in police custody are systematically monitored and recorded and that the Code of Criminal Procedure is harmonized with article 15 of the Convention against Torture and article 14, paragraph 3, of the International Covenant on Civil and Political Rights, and uphold the right of defence to have access to all relevant materials (Algeria); (i) Work more systematically and intensively to bring the risk of forced confession to the attention of the police, (ii) review interrogation monitoring procedures, (iii) re-examine the use of prolonged police detention and (iv) review the Criminal Code to ensure its conformity with article 15 of the Convention against Torture, in order to avoid the police and judiciary putting excessive pressure on the accused to confess (Belgium); Institute mechanisms to enhance procedural guarantees for the detention of detainees (Canada); Review the Daiyo Kangoku system in order to ensure that the detention procedure is consistent with its obligations under human rights law and implement the Committee against Torture’s recommendation with regard to external monitoring ofpolice custody (United Kingdom);

16. Develop a mechanism to ensure the prompt return of children who have been wrongly removed from or prevented from returning to their habitual place of residence (Canada);
ENDS

UN OHCHR Minority Update: Japan reviewed by Human Rights Council

mytest

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Hi Blog. Here are two updates on Japan’s human rights behavior being considered for periodic review by the UN Human Rights Council. This is a new activity by the UN after the old Human Rights Commission was disbanded, accused for many years of having the world’s worst human-rights offenders as leaders, covering up their own abuses.

Now under this new organ with the same acronym, everyone is being subject to review once every four years. And according to the press releases below, Japan’s turn came last week. Forwarding primary-source documents to you. Pertinent sections underlined.

As it says below, you can also submit documents to the OHCHR if you want about human rights abuses in Japan. Five pages max, deadline July 14, 2008, by email (UPRsubmissions AT ohchr DOT org). Arudou Debito in Sapporo

///////////////////////////////////////////
Minority Update
N°12 – March-April 2008
United Nations
OHCHR Indigenous Peoples and Minorities Unit
Courtesy Ilona Klímová-Alexander
ialexander AT ohchr DOT org
(excerpt)

Universal Periodic Review (UPR)
General Assembly Resolution 60/251, decided that the Human Rights Council (HRC) shall “undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments…”.

The first session of the UPR Working Group (UPR WG) of the HRC took place from 7-18 April 2008 and considered the human rights record of the following countries: Bahrain, Ecuador, Tunisia, Morocco, Indonesia, Finland, United Kingdom, India, Brazil, Philippines, Algeria, Poland, Netherlands, South Africa, Czech Republic, and Argentina.

The second session of the UPR WG is taking place from 5-19 May 2008 and considers the human rights record of the following countries: Gabon, Ghana, Peru, Guatemala, Benin, Republic of Korea, Switzerland, Pakistan, Zambia, Japan, Ukraine, Sri Lanka, France, Tonga, Romania, and Mali.

The reports, as adopted by the UPR WG, as well as statements by States, are accessible at the UPR section of the Extranet at http://www2.ohchr.org/english/bodies/hrcouncil/form.htm. The meetings of the sessions can be viewed through the UN webcast, either live or archived (http://www.un.org/webcast/unhrc/index.asp).

OHCHR posts daily highlights of the sessions of the UPR WG, providing an overview of the interactive dialogues by listing the issues raised, and which are prepared for use by the media, i.e. they are not an official record. The daily highlights can be accessed at http://www.ohchr.org/EN/HRBodies/UPR/Pages/MeetingsHighlightsSession2.aspx.

In June 2008, at the eighth session of the Human Rights Council (HRC), the HRC plenary will adopt outcome documents on each country reviewed at the 1st and 2nd sessions of UPR WG. At the HRC plenary, one hour has been allotted for each country, during which NGOs have the possibility to make interventions (differently from the 3-hour country sessions at the WG on the UPR, where interventions are limited to States).

The third session of the UPR WG is scheduled from 1 to 12 December 2008 and will consider the following countries: Botswana, Bahamas, Burundi, Luxembourg, Barbados, Montenegro, United Arab Emirates, Israel, Liechtenstein, Serbia, Turkmenistan, Burkina Faso, Cape Verde, Colombia, Uzbekistan, and Tuvalu.

NGOs, wishing to submit information for consideration and possible inclusion by OHCHR in a summary of stakeholders’ input for this UPR review, are invited to send their contributions. The deadline for submission of contributions by NGOs to the third session of the WG on the UPR has been set at 14 July 2008. Please note that the page limit for submissions is 5 pages when submitted by individual stakeholders, and 10 pages when submitted by large coalitions of stakeholders. More detailed reports may be attached for reference only. This information will be available on line for others to access. Submissions should be sent to the following email address: UPRsubmissions AT ohchr DOT org.

For more information see http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
Contact person: Erik Friberg efriberg AT ohchr.org.

===========================
(skip)

17 March to 7 April 2008 – CCPR
The Human Rights Committee (CCPR) held its 92nd session from 17 March to 7 April 2008 in New York. The following State party reports were examined during this session: Tunisia, Botswana, Republic of Macedonia, and Panama. The Committee expressed concern at the persisting problems faced by minorities in the Republic of Macedonia, such as police violence, lack of language support in judicial proceedings, inadequacy of educational opportunities and lack of a protective and non-discriminatory learning environment. The Country Report Task Forces considered and adopted a list of issues on reports submitted by Japan, France, Nicaragua and Ireland. Concluding observations and more information are available at:
http://www2.ohchr.org/english/bodies/hrc/hrcs92.htm

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

How did things turn out? Here is the overview from the Universal Periodic Review (UPR) group of the Human Rights Commission.

Again, this is only an overview. I’ll have the full review up here on Japan on Debito.org this evening. Arudou Debito in Sapporo

//////////////////////////////////////////////////////
Japan’s review in the Working Group,
Friday 09 May 2008, Afternoon 2.30 pm– 5.30 pm
Overview of the Working Group session
Courtesy of UPR-Info.org and IMADR-JC
http://www.upr-info.org/IMG/pdf/Summary_of_Japan_s_review.pdf
The Troika
The Troika was composed of representatives from France, Indonesia and Djibouti. Only France took the floor during the interactive dialogue, mentioning its membership in the Troika.
Presentation by Japan
Speaking time: 22 minutes
Speaker: H.E. Mr. Yoshitaka Akimoto, Ambassador in charge of UN Affairs, Ministry of
Foreign Affairs of Japan

Recognition of problems and/or concerns: the delegation didn’t point out challenges or recognized concerns.

Achievements made: signature of the Convention on the Rights of Persons with Disabilities and the International Convention for the Protection of All Persons from Enforced Disappearances and is making efforts to ratify them; became party of the Rome Statute in the International Criminal Court (in October 2007); Basic Plan for the Promotion of Human Rights Education and Encouragement (2002); establishment of Human Rights Counseling Offices for Foreign Nationals; submission by the Minister of Justice of the Human Rights Bill to establish a new independent Human Right commission; access to the ICERD in 1995 and domestic laws for racial discrimination; adoption of the Second Basic Plan for gender Equality (2005); laws in 2005 and 2006 for improving the conditions of detainees; the Constitution emphasises respects for fundamental human rights;

Other issues: supports the view that human rights are a legitimate concern of the international community;

Answers to written questions: cooperation with Special Rapporteurs (Latvia); intention to ratify the Optional Protocol to CAT (UK); adherence to The Hague Convention on Child Abduction of 25 October 1980” and “The Convention Parental Responsibility and Protection of Children of 19 October 1996 (UK); existence and status of National Human Rights Organizations (UK); measures to eliminate racial discrimination; discrimination against women (including marriageable age); conditions of detention; police detention system; death penalty; participation of the civil society for the national report. Interactive dialogue

Number of countries that took the floor

42 States took the floor during the interactive dialogue: 26 members States of the Human Rights Council (the Philippines, Malaysia, China, Canada, UK, Egypt, France, Slovenia, Mexico, the Netherlands, Brazil, Germany, Republic of Korea, Guatemala, Switzerland, Bangladesh, Ukraine, Azerbaijan, Jordan, Italy, Russian Federation, Qatar, Sri Lanka, Romania, Pakistan, Peru); 16 non-member States (Algeria, Democratic Peoples Republic of Korea, Belgium, Tunisia, Luxemburg, Portugal, Poland, Albany, Islamic Republic of Iran, USA, Mauritania, Latvia, Turkey, Argentina, Slovakia, Vietnam).

Questions/issues raised

Indigenous Peoples – Algeria, Peru; Women’s rights – Portugal, Brazil, Pakistan; Violence against women – Algeria, Philippines (trafficking), China, Canada, Iran (domestic violence); gender equality – Portugal (stereotypes in labour market and political field), Slovenia, Iran (stereotypes); Discrimination against women – France, Slovenia (marriageable age), Germany (women from minorities), Azerbaijan, Romania; Trafficking in persons – Philippines, Canada, Netherlands (Slavery practice of comfort women during WWII), Jordan, Iran (prostitution and exploitation), Romania; Bullying in schools “ijime” – Philippines; Japanese Military Sexual Slavery – North Korea; Death Penalty – Belgium, Luxemburg, Mexico, Switzerland (moratorium), Portugal, Netherlands (training for judges), Brazil; Pre-trial and Detention conditions – Algeria (police custody), Canada, Iran (health care and torture in prison); Police stations “daiyo kangoku” – Algeria, Belgium, Malaysia, United Kingdom; Training in human rights of law enforcement officials – Canada, Tunisia; Rights to development – Egypt; Technique cooperation for developing countries – Tunisia; International human rights instruments – Algeria; Luxemburg; Albania, Mexico, Azerbaijan; Cooperation with Special Procedures – Latvia; Violations on the Internet – Poland; Rights of the Child – China (child abuse and child pornography), Mexico, Brazil, Turkey, Azerbaijan, Italy (corporal punishment in school), Sri Lanka (National Youth Policy); Conscientious objection – Slovenia; National Human Rights Institution – Philippines, Canada, Mexico, Turkey, Qatar; Migrants – Philippines, Brazil, USA (immigration detention centres), Azerbaijan (workers); Racial discrimination – North Korea (against Koreans), China, Brazil, Iran, South Korea, Guatemala; Torture – Brazil; Human Rights education – Ukraine; Old population – Vietnam, Mauritania (old workers); Minorities – Philippines, Peru; Refugees – Slovakia; Asylum seekers – Slovakia;

Recommendations

Conditions of detention

– Review the monitoring of interrogation of detainees to be in accordance with CAT and humanitarian law (Algeria, Belgium, UK)

– Institute procedural measures which protect detainees (Canada)

– Respect of the safeguard guaranty, including in death penalty case (Italy) NHRI

– Establishment of a NHRI in accordance with Paris Principles (Algeria, China, Canada, Qatar)

Human trafficking

– To take measures to deal with military sexual slavery (DPRK)

– To take measures against discrimination against Koreans (unemployment, obligation to change the name) (DPRK)

– Continue efforts in this regard (Canada)

Racial Discrimination

– Immediate measures (DPRK)

– Measures to implement the recommendations made by the SR (China)

– Measures for complaints procedures (France) Women’s rights

– Continuation of the measures for violence against women, including reparations (Canada)

– Measures for gender identity (Canada)

– Measures for comfort women during WWII (France, Republic of Korea)

Death Penalty

– Moratorium in order to abolish death penalty (UK, Luxemburg, Portugal, France, Albany, Netherlands, Switzerland, Italy)

Participation of civil society

– Integration of the civil society in the following of the report (UK) International Instruments

– Ratification of CAT (UK, Albania)

– Ratification of OP-CEDAW (Portugal, Mexico)

– Ratification of OP-CAT (Mexico, Brazil)

– Ratification of Convention on the Rights of Persons with Disabilities (Mexico)

– Ratification of International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Peru)

– Adhere to the complaints procedures of CEDAW and CERD (Brazil)

– Visit of SR (Brazil)

Migrants

– Permit international monitoring for immigration detention centres (USA) Indigenous People

– Review the land rights and other rights of the Ainu population and harmonize it with the United Nations Declaration on the Rights of Indigenous Peoples (Algeria)

– Make a dialogue with indigenous people (Guatemala)

Rights to development

– continue development assistance (Bangladesh)

– extend the efforts regarding to MDG’s (Bangladesh) Minorities

– Establishment of a independent body (Slovakia) Rights of the Child

– Develop a mechanism to ensure the prompt return of children who have been wrongfully removed from or prevented from returning to their habitual place of residence (Canada)

Sexual orientation

– Take measures to eliminate discrimination based on sexual orientation (Canada) Answers provided by Japan on questions/issues raised and recommendations Racial discrimination (Brazil); Trafficking in persons (Philippines, Canada); Bullying of children in schools (Philippines); Women’ rights; Relationship between North Korea and Japan (North Korea); Sexual orientation (Canada);

Second Round: Rights of the Child; Indigenous peoples (Guatemala); Monitoring of immigration detention centres; Investigation in penal institutions; Death penalty and moratorium; Refugees; National police agency; Immigration; Corporal punishment in schools (Italy).

Issues for follow-up

The delegation argued that it is ready to cooperate with Special Representatives, in order to visit the country. Besides, the Bill to establish a new Human Rights Commission is currently reviewed by the Ministry of Justice.

Pakistan asks for the measures taken for the inclusion of gender perspective in the following of UPR. Furthermore, Slovenia recommends the State to integrate the gender perspective in the following of the report.

States that made solely welcoming statements

Argentina

Human Rights mentioned during the review but on which the delegation did not give a response

Rights to development (Bangladesh); Torture;

Speaking times Overall duration of the review: 2 hours and 41 minutes Of the State under Review – During its opening statement: 24 minutes – Overall speaking time employed to respond to other States’ questions during the interactive dialogue: 38 minutes – Concluding remarks: 1 minute

Disclaimer: note that this document only represents an overview with the aim of providing the list of issues that were raised during the discussion and should therefore not be quoted as an official document of the UPR process.
=================================
ENDS

Yahoo News/AP: Newest “Yokoso Japan” rep: Hello Kitty!

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg

Hi Blog. Guess what. Hello Kitty has joined author Alex Kerr as a Yokoso Japan Ambassador! She’s in good company.

Still, if I were a real grouch, I’d talk about felled trees (or wasted electrons) devoted to this story, and herald the fall of modern civilization. But I’m not that grouchy today, and like it or not, people have a weakness for cutsies, anime, dollies, fat beasts, stuffed animals, etc. (hell, Japan will even make honorary residents of them, instead of real live taxpaying foreigners). So the following story is within character.

But I wonder–given that she lives in London (yes!): Does Hello Kitty get fingerprinted every time she re-enters Japan? Or if she is actually a Japanese citizen, whether she faces ijime for being a kikoku shijou (or if she is an adult, she gets told she’s not Japanese enough since she lives overseas). Well, she’s got the perfect poker face–no mouth to frown with, or speak with to be judged on her Japanese language ability…

Okay, I’m getting overly grouchy 🙂 Enjoy the story. The tactics appear to be working–tourism to Japan continues to hit record levels. Arudou Debito in Sapporo

///////////////////////////////////////////////////
Hello Kitty is named Japan tourism ambassador
By TOMOKO A. HOSAKA, Associated Press Writer
Mon May 19, 2008 Yahoo News/AP
http://news.yahoo.com/s/ap/20080519/ap_on_fe_st/japan_hello_kitty
Courtesy of Chad Edwards

Hello Kitty — Japan’s ubiquitous ambassador of cute — has built up an impressive resume over the years. Global marketing phenom. Fashion diva. Pop culture icon. Now the moonfaced feline can add “government envoy” to the list. The tourism ministry on Monday named Hello Kitty as its choice to represent the country in China and Hong Kong, two places where she is wildly popular among kids and young women.

Officials hope that tapping into that fan base will lead to a bigger flow of tourists into Japan, and closer toward their goal of attracting 10 million overseas visitors every year under the “Visit Japan” campaign.

Last year the number of foreign tourists traveling to Japan hit a record high of 8.35 million, up 60 percent since the government began the marketing effort in 2003.

Arrivals from China and Hong Kong, who accounted for 16.5 percent of visitors to Japan last year, are poised this year to become the second-largest group of tourists after South Koreans.

At a press conference, Sanrio Co. President Shintaro Tsuji called Hello Kitty’s new appointment “an honor” and pledged to “work hard to attract many visitors.”

Japan’s other goodwill tourism ambassadors include Korean singer Younha, Japanese actress Yoshino Kimura and Japanese pop/rock duo Puffy AmiYumi.

Although this is the first time the tourism ministry has tapped a fictional character for the role, the foreign ministry in March inaugurated blue robo-cat Doraemon as Japan’s “anime ambassador.”

Designed in 1974 by Sanrio, Hello Kitty first appeared on a plastic coin purse. Her image today has become one of the most powerful brands in the world, adorning some 50,000 products in 60 countries.

In China, Kitty-fever has already broken out.

A multi-million-dollar musical featuring Hello Kitty opened earlier this year in Beijing and is in the midst of a national tour. “Hello Kitty’s Dream Light Fantasy” is then scheduled to travel to Malaysia, Singapore and the U.S. over its three-year run.

According to her official profile from Sanrio, Hello Kitty lives with her family in London. It does not mention how often she visits Japan.
ENDS

Sayuki et al: People clearly qualifying for J Permanent Residency are being rejected by Immigration

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg

Hi Blog. I have been receiving emails recently from people saying that the essential benchmark qualifications for Permanent Residency (eijuuken, or PR)–i.e. five years’ continuous residency if married to a Japanese, ten years’ continuous if not (aside from the obvious bits about law-abidingness and stable income)–don’t seem to be sufficient anymore, even in some cases where one would think candidates would be a shoo-in. Witness:

Dear David, I have just been to the Fukuoka Immigration center at Fukuoka Airport and was planning to submit my forms for Permanent Resident Status (永住権) after taking advice from your web page on this issue.

When I explained myself to the first staff member they said there was no way I would obtain this status because I have not been in Japan 10 years.

But I replied that I have lived in Japan over nine years, employed for all that time, married for six, two children who are Japanese nationals, and I am one of only a handful of people in Japan who has a permanent full-time position in an Elementary School.

I was passed onto another member of staff who told me to fill out some more forms for this application (which is fair enough) but I am seeking advice on this issue – espeically about application and marriage time – for they seemed not to understand the rule about five years of marriage to a Japanese national allows you to apply for Permanent Resident Status.

Any information, English or Japanese, which I could take down and show them on the date of my next meeting with them would be gratefully received.

According to HANDBOOK co-author Akira, Immigration says the requirements for PR are:

Guidelines for Permission for Permanent Residence

Legal requirements
(1) The person is of good conduct.
The person observes Japanese laws and his/her daily living as a resident does not invite any social criticism.
(2) The person has sufficient assets or ability to make an independent living.
The person does not financially depend on someone in the society in his daily life, and his/her assets or ability, etc. are assumed to continue to provide him/her with a stable base of livelihood into the future.
(3) The person’s permanent residence is regarded to be in accord with the interests of Japan.

In principle, the person has stayed in Japan for more than 10 years consecutively. It is also required that during his/her stay in Japan the person has had work permit or the status of residence for more than 5 years consecutively.

The person has been never sentenced to a fine or imprisonment. The person fulfills public duties such as tax payment.

The maximum period of stay allowed for the person with his/her current status of residence under Annexed Table 2 of the Immigration Control and Refugee Recognition Act is to be fully utilized.
There is no possibility that the person could do harm from the viewpoint of protection of public health.

※ The requirements (1) and (2) above do not apply to spouses and children of Japanese nationals, special permanent residents or permanent residents, and requirement (2) does not apply for those who have been recognized as refugees

Special requirements for 10-year residence in principle

(1) The person is a spouse of a Japanese national, special permanent resident or permanent resident, and has been in a real marital relationship for more than 3 years consecutively and has stayed in Japan more than 1 year consecutively. Or, the person is a true child of a Japanese national, special permanent resident or permanent resident, and has stayed in Japan more than 1 year consecutively.
(2) The person has stayed in Japan for more than 5 years consecutively with the status of long term resident.
(3) The person has been recognized as a refugee, and has stayed in Japan for more than 5 years consecutively after recognition.
(4) The person has been recognized to have made a contribution to Japan in diplomatic, social, economic, cultural or other fields, and has stayed in Japan for more than 5 years.
※ Please see “Guidelines for Contribution to Japan.”
[which are not linked from this site, and unavailable despite a MOJ website search; see them here in Japanese]
March 31, 2006, Immigration Bureau of Japan, The Ministry of Justice

Source: http://www.immi-moj.go.jp/english/tetuduki/zairyuu/guide_residence.html
Japanese original: http://www.moj.go.jp/NYUKAN/nyukan50.html

Would have thought the first case cited above would suffice. Same with this case I just heard about the other day:

Bad news on my PR application — I was turned down after half a year on a student visa and 9 1/2 years on the current work visa. They want me to get married, change to a spouse visa, and then wait three more years before trying again. I hate to wait that long — I want to get a mortgage and buy a home; we can’t afford to keep renting!

The above is from a graduate student at Japan’s top university, who got in after passing his entrance exams in Japanese!

But what really beats all is the fact that SAYUKI, Japan’s first NJ geisha (more on her here.) was also recently refused her PR! This despite:
================================
1) A total of fifteen years in Japan, ten consecutive in high school and university
2) Attending Japanese high school
3) Being the first caucasian woman ever to be accepted and graduate as a normal student from Keio University
4) Probably the first NJ caucasian woman to get the teaching degree in Japan (kyoushoku katei)
5) Being the first to work in the Japanese life insurance industry (ippanshoku to shite)
6) Being employed at Kyodo Tsushi, Reuters, NHK etc as a journalist
7) Making more than ten television programmes about Japan
8) Publishing three academic books on Japan
9) Being a Lecturer in Japanese Studies at university (National Univ of Singapore)
10) Currently the first foreign woman ever to be accepted as a geisha.

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

She concludes that it was in fact easier to get into Keio! This despite guidelines (Article 2(4) above) saying that ten years need not be continuous if, “The person has been recognized to have made a contribution to Japan in diplomatic, social, economic, cultural or other fields (which she clearly has) and has stayed in Japan for more than 5 years” (which she has). So why refused? Unclear.

There is, however, an unusual right of appeal for PR applications (not for other visa statuses), within six months. A person in the know advised:

There are many lawyers (bengoshi or gyoseishoshi) in Tokyo who deal with immigration matters. How about consulting with them? Just one hour or so consultation shouldn’t cost much. They may come up with a better solution after thoroughly examining your explanations/documents.

There is a high court case in which the court ordered to cancel the immigration decision of “non-permission of permanent residency.” But this is (partly) because of Immigration’s fault in the factual finding phase, not because “the guideline” is prejudiced or irrational. So you (or your lawyer) will have to overturn this kind of judgement in court. Hiring a lawyer will take a lot of time and money, and most of all, it’s very difficult even for a specialist lawyer.
http://www.courts.go.jp/search/jhsp0030?action_id=dspDetail&hanreiSrchKbn=01&hanreiNo=35728&hanreiKbn=04

So a practical solution would be to wait for another couple of years and re-reapply IF you still can/want to extend your current visa for three more years.

The govenment is planning to change the law next year, and there may be major changes to permanent residency system.

Yeah great. But cripes, how many hoops must one jump through these days just to upgrade to PR? A Green Card in the US, for example, certainly doesn’t take this many years, and without PR in Japan, you can’t get home/car/etc. loans from financial institutions with pinkies, qualify for many credit cards, or, say, obtain the ability to divorce without the threat of visa violation. Also having Immigration demand that people marry or else (not everyone has that affectional preference; civil unions are not legal in Japan) is one of the worst kinds of “local-content requirements” for your working environment.

This much rigmarole from Immigration only puts Japan at a competitive disadvantage for attracting qualified, educated migrants to stay in Japan permanently. After this much dedication from them, then a slap in the face, many of them might think twice about staying on after all. Wise up, Immigration. You’re supposed to be helping Japan face it’s future.

Comments from others with successful (or not) experiences getting PR are welcome. Arudou Debito in Sapporo

Burma/Myanmar junta’s connection to Japanese Imperial Army

mytest

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Hi Blog. It’s been a mystery to me for years now why Burma (now Myanmar basically by military junta whim) has become such a basket case–moving from being the richest country in SE Asia to the poorest over two generations–and one that cares more about putting down protesting monks than helping out its cyclone-ravaged people.

Here’s one reason hinted at by a journalist: historical connections to the Imperial Japanese Army–and how it got its template to suppress a citizenry from Wartime Japan.

It may also be another reason why the GOJ is still surprisingly cosy with the Burmese junta, to the point of muting criticism even when a Japanese journalist gets shot by the Burmese military (imagine what would happen if that had occurred in, say, China or North Korea!). Comment follows article:

============================
Why Burma has been trashed for 46 years
The Japan Times: Wednesday, May 14, 2008
http://search.japantimes.co.jp/cgi-bin/eo20080514gd.html
By GWYNNE DYER

LONDON — The Burmese regime is not to blame for the powerful cyclone that struck the Irrawaddy Delta and Yangon early this month, killing up to a hundred thousand people. But it certainly will be to blame for the next wave of deaths if aid does not soon reach the survivors.

A hundred years ago, the victims of such a catastrophe were on their own, but there are now well-established routines for getting help in quickly from outside. We saw them at work in the same region during the tsunami that killed at least twice as many people in 2004. Nothing could be done for those who died in the first fury of the event, but relatively few died from disease, injuries, exposure or sheer hunger or thirst in the days and weeks that followed.

Indonesia, Thailand, Sri Lanka and India — the nations worst hit by the 2004 tsunami — are reasonably well-run countries that were able to help their own citizens, and they had no hesitation in welcoming international aid as well. Burma (which got off lightly in 2004) is very different. The question is: why?

What sane government would block the entry of foreigners bringing exactly the kind of help that is needed — people whose professional lives are devoted to disaster relief — when at least a tenth of the country’s people are living in the open, with little access to food or clean water?

The short answer is that the generals who rule Burma are ill-educated, superstitious, fearful men whose first priority is protecting their power and their privileges.

They almost lost both during the popular demonstrations led by Buddhist monks last year, and they are terrified that letting large numbers of foreigners in now might somehow destabilize the situation again. They are sitting atop a volcano, and they know it.

But that is not really a complete answer, for it begs the question: Why has Burma fallen into the hands of people like that not just for a few years, but for 4 1/2 decades? Thailand has the occasional short-lived military coup, Indonesia had its problems with Sukarno and Suharto, and Cambodia had the horrors of Year Zero, but no other country in the region has been misgoverned so badly for so long.

It seems incredible now, when neighboring Thailand has four times Burma’s per capita income, that at independence in 1948 Burma was the richest country in Southeast Asia. With huge resources, a high literacy rate, and good infrastructure by the standards of the time (due to the British Empire’s obsession with railways and irrigation projects), it seemed fated to succeed. Instead it has drifted steadily downward, and is now the poorest country in the region.

The problem is the army, obviously, but why is the army such a problem? Perhaps it is the legacy of the “Thirty Comrades.” Rarely has such a small group of people dominated a whole country’s history for so long.

The Thirty Comrades were a group of young Burmese students (average age 24) who went abroad in early 1941 to seek military training so they could come home and launch a rebellion against British rule. Most of them were more or less Communist in orientation, and their original intention was to get training from the Chinese Communists.

By chance they fell in with the Japanese instead. They returned under the wing of the Japanese invaders at the end of the year as the “Burma Independence Army,” but switched sides in 1944 when it became clear that the Japanese would lose the war. They combined the authoritarian traditions of the Imperial Japanese Army with the ruthless ideological certainty of militant Marxism, and they dominated the army of the new republic from its independence in 1948.

It was this army, the nastiest behavioral stew imaginable, that seized power in 1962 and has ruled Burma ever since. The last of the Thirty Comrades, Ne Win, only retired in 1988, and continued to exercise great influence from behind the scenes until only 10 years ago.

Whatever ideology the army once had is long gone. It has become so corrupt that Burma ties with Somalia for last place on Transparency International’s corruption index. The country exists merely to serve its armed forces, which have never shown any hesitation in shooting citizens who question their right to rule.

Its commanders are fully aware that most Burmese hate their rulers, and fear that the presence of a large number of foreigners might serve as a spark for another popular uprising. Even if another million and a half lives depend on the rapid delivery of emergency aid to the desperate survivors in the delta, as Oxfam fears, the army will severely restrict the entry of foreign aid personnel as long as it can resist the international pressure to let them in.

Hundreds are probably dying each hour who could be saved if the food, shelter, water purification equipment and medical teams could pour in as they usually do after a disaster, but the army is half a million strong, so nobody is going to fight their way in. The Burmese, as usual, are on their own.

Gwynne Dyer is a London-based independent journalist whose articles are published in 45 countries.
The Japan Times: Wednesday, May 14, 2008

ENDS
==============================

COMMENT: Regarding GOJ cosiness, according to the Japan Policy Research Institute:

====================
While the Japanese Foreign Ministry claims to be engaged in a “quiet dialogue” with the junta to promote democratization, business interests have turned a blind eye to politics and lobbied for full economic engagement, including new aid. As early as June 1994, Keidanren, the powerful Federation of Economic Organizations, sent a special fifty-man mission headed by Marubeni chairman Kazuo Haruna to Rangoon to meet with the junta’s top brass. In the wake of the mission, many Japanese companies, especially banks, opened branch offices in Rangoon. Two years later, in May 1996, Keidanren upgraded its informal study group in Burma to a “Japan-Myanmar Economic Committee.” The timing was less than opportune, for SLORC was then in the middle of a crackdown on the NLD about which the Japanese government expressed great concern….

“In a special year-end issue of Asiaweek (December 1997), [economic pundit Ken’ichi ] Ohmae disparaged Suu Kyi’s 1990 election victory, again linking her to the United States: “The West knows Myanmar through one person, Aung San Suu Kyi. The obsession with Suu Kyi is a natural one if you understand the United States. Superficial democracy is golden in the U.S.: Americans love elections. Just as Myanmar is Buddhist, and Malaysia is Islamic, America has a religion called democracy.”
====================
JPRI Working Paper No. 60: September 1999, Japan’s “Burma Lovers” and the Military Regime, by Donald M. Seekins
http://jpri.org/publications/workingpapers/wp60.html

This is a tangent to Debito.org, but an interesting one to follow. People with more knowledge on this (since it also offers some insight into the GOJ’s general attitude towards human rights) are welcome to comment. Arudou Debito in Sapporo
ENDS

Japan Times: Canada, U.S. nudge Japan to join child abduction resolution framework

mytest

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Hi Blog.  This story is from the Japan Times – Saturday, March 15, 2008, on a topic of import to Debito.org:  child custody after divorce–and Japan’s difficulty with accepting children brought back to Japan without the permission of both parents as abduction.  Comment from the submitter follows article.  Debito in Matsuyama

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

Canada, U.S. nudge Japan to join child abduction resolution framework

By TAKAHIRO FUKADA
Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20080315a6.html

Canadian and the U.S. government officials and a law expert Friday
urged Japan to join an international legal framework to resolve
cross-border cases of child abduction by parents and others.

As the number of international marriages rises, there will be a
corresponding rise in divorces among multinational couples. The Hague
Convention on the Civil Aspects of International Child Abduction
states that children removed or retained from a signatory state by a
parent without the other’s permission must be returned promptly to the
original country of residence.

The convention can also help parents exercise visitation rights abroad.

Japan is not among the 80 signatories to the convention. When kids are
abducted to nonsignatory countries, it can take years to make any
progress, and sometimes all efforts are in vain.

Ottawa is dealing with more than 620 unresolved child-abduction and
custody-related cases, Bill Crosbie, the Canadian Foreign Affairs and
International Trade Department’s deputy minister for consular
services, said at the Canadian Embassy in Tokyo. Twenty-nine of them,
the highest number in any one country, are in Japan, he said.

The U.S. currently has 40 cases of international child abduction
involving Japan, the third-largest after Mexico and India, said
Kathleen Ruckman, deputy director of the U.S. State Department’s
Children’s Issues Office.

“What the Hague Convention is about to say (is) where the decision has
to be made about the child’s future,” said William Duncan, deputy
secretary general of the Hague Conference on Private International Law.

END OF STORY.

COMMENT:  Its interesting how the US government makes the intake requirements
for actual new cases to qualify as an “official” State Dept case of
child abduction to a foreign country in an effort to keep the numbers
low. But thank GOD that many people have met all of those criteria and
maintain the official cases with the Govt…same in Canada . Thanks to
the Govt of Canada for keeping the pressure on Japan!
Patrick B

ENDS

Mainichi: MOJ overturns deportation order, allows NJ couple to stay with child in Japan.

mytest

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Hi Blog. Good news from MOJ (despite Immigration’s intent to split this couple apart). The ruling elite are indeed capable of compassion after all. Kudos. Arudou Debito in Miyazaki

///////////////////////////////////////////////
Kurdish man, Filipino wife granted special residence permission after overstaying visas
Mainichi Shinbun March 25, 2008
http://mdn.mainichi.jp/national/news/20080325p2a00m0na009000c.html
Courtesy Jeff Korpa

KAWAGUCHI, Saitama — The Justice Ministry has decided to grant special residence permission to a Kurdish man, his Filipino wife and their 7-year-old daughter, overturning its earlier decision to deport the couple for overstaying their visas.

The ministry’s move came after the Tokyo High Court suggested a settlement in the case in which the family’s request to nullify the ministry’s order to deport them had been turned down by the Tokyo District Court.

“After the high court proposed a settlement, we determined that this would be the best way to grant them special residence permission from a humanitarian perspective,” said Justice Minister Kunio Hatoyama during a press conference following a Cabinet meeting on Tuesday.

As early as Tuesday, special residence permission will be granted to Taskin, 32, a Kurdish man with Turkish citizenship, his Filipino wife, Beltran, 41, and their daughter, Zilan, who live together in Kawaguchi, Saitama Prefecture.

Taskin and Beltran met each other in 1998 while they were overstaying their visas in Japan. They got married after Zilan was born. However, the Tokyo Regional Immigration Bureau issued an order in 2004 to deport Taskin to Turkey and Beltran and Zilan to the Philippines.

The family filed a suit against the order, saying, “If we were deported, it would be difficult for us to live together because of religious and other reasons.” Taskin also maintained that he could be persecuted if he returns to Turkey because he had refused to serve in the military.

In March last year, the Tokyo District Court dismissed the family’s demand to nullify the deportation order, but the Tokyo High Court proposed in November that the case should be discussed with an eye to an interim solution.

The family is currently on provisional release status. They are poised to drop their appeal once they are actually granted special residence permission.
ENDS

毎日:強制退去訴訟:ジランちゃん一家に在留特別許可 法務省

mytest

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強制退去訴訟:ジランちゃん一家に在留特別許可 法務省
毎日新聞 2008年3月25日
http://mainichi.jp/select/jiken/news/20080325k0000e040041000c.html

 埼玉県川口市に住むトルコ国籍のクルド人タスクンさん(32)とフィリピン国籍の妻ベルトランさん(41)、長女ジランちゃん(7)の一家3人が、強制退去処分の取り消しを求めた訴訟を巡り、法務省は一家に在留特別許可を与える方針を決めた。鳩山邦夫法相が25日、閣議後会見で明らかにした。同日中にも1年更新の定住資格を与える見通し。

 1審は一家の訴えを退けたが、控訴審で東京高裁の寺田逸郎裁判長が外国人の強制退去を巡る訴訟では異例の和解を打診し、法務省が処分見直しを含め対応を検討していた。

 父母は来日して不法残留中の98年に知り合い、ジランちゃんが生まれ結婚。東京入管は04年、退去強制令書を発付し、父はトルコ、母子はフィリピンに強制送還されることになった。一家は「退去させられれば、宗教上の理由などから一緒に暮らすのは困難」と主張、兵役拒否したタスクンさんは帰国すれば迫害の恐れがあるとも訴えていた。

 東京地裁判決(07年3月)は「父母どちらかの母国で一緒に暮らすことに著しい困難は認められない」と請求を棄却したが、高裁の寺田裁判長は07年11月、「暫定的な解決を含め話し合いをしたら」と提案していた。

 現在、一家は仮放免中。鳩山法相は「高裁の提案を受け、人道的配慮から、在留特別許可が最善の方法と判断した」と述べた。原告側も在留特別許可を得られれば訴えを取り下げる方針。【北村和巳、坂本高志】
ENDS

Japan Times ZEIT GIST: G8 Summit and the bad “security” habits brought out in Japan

mytest

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Hi Blog. I’m on the road from tomorrow, so let me put this article I wrote for the Japan Times up today. It also feeds into the current series subtext of policing in Japan. Arudou Debito in Sapporo

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

SUMMIT WICKED THIS WAY COMES
The G8 Summit gives nothing back, brings out Japan’s bad habits
By Arudou Debito

Column 43 for the Japan Times Zeit Gist Community Page
“Director’s Cut”, Draft 19, as submitted to the JT, with links to sources
Article as appeared in Japan Times Tuesday, April 22, 2008
http://search.japantimes.co.jp/cgi-bin/fl20080422zg.html

You’ve probably heard about July’s G8 Summit in Toyako, in my home prefecture of Hokkaido. If you’re unfamiliar with the event, a primer from the Foreign Affairs Ministry (http://www.mofa.go.jp/mofaj/gaiko/summit/toyako08):

“The Group of Eight (G8) Summit is an annual meeting attended by… Canada, France, Germany, Italy, Japan, Russia, the United Kingdom, the United States of America, and the President of the European Commission; …leaders freely and vigorously exchange opinions on a variety of issues facing the global community centering on economic and social problems.”

While I do support people (especially those with armies behind them) talking things over peacefully, let’s consider the societal damage this event is wreaking upon its host.

International events tend to bring out the worst in Japan. Given the “control freak” nature of our bureaucracy (exacerbated manifold when the world is watching), the government opportunely invokes extralegal powers in the name of “security”.

A good example is the 2002 World Cup, where I witnessed firsthand (given Sapporo’s England vs. Argentina match) the overreaction by the police and the press. We had months of “anti-hooligan” media campaigns, several thousand riot police ferried up from the mainland, and Checkpoint Charlies on every downtown corner. Police were systematically stopping and questioning off-color people (such as your correspondent) regarding their roots and intentions. Not to mention “Japanese Only” signs appearing on businesses (some still up to this day).
Source:
https://www.debito.org/worldcup2002.html

It spoiled things for the locals: Not only were foreign-looking peoples subjected to fearful and derisive looks at curbside and coffee shop, but also shopkeeps, hunkered down behind shuttered doors, missed business opportunities. Despite no incidents of Non-Japanese violence, official apologies for the inconvenience never came.
Source:
https://www.debito.org/worldcup2002.html

This is not unprecedented in Japan. Flash back to 1966 when The Beatles performed in the Budokan. 10,000 spectators had to share seats with 3000–yes, 3000–cops. The Fuzz allowed no more than measured applause; cameras were readied to photograph anyone waving a banner or even standing up to cheer.

It spoiled things back then too. According to interviews from the Beatles Anthology, the Fab Four felt like prisoners in their hotel rooms. George compared the atmosphere to “a military maneuver”; Ringo said people had gone “barmy”. They never came back to Japan as a group.
Source:
https://www.debito.org/?p=561

Now factor in the omnipresent “terrorist threat” rocking our world. Remember last November when Immigration regained power to fingerprint almost all foreigners, including Permanent Residents? It was first justified as a means to control terrorism and infectious diseases. Then foreign crime. Now for the Summit, according to last December 31’s Yomiuri Shimbun, the Justice Ministry has expanded the catchnet to “antiglobalization activists” (whatever that means).
Source:
https://www.debito.org/?p=893

The dolphin in the tuna: According to Kiyokazu Koshida, Director of the Hokkaido Peoples’ Forum on G8 Summit (http://kitay-hokkaido.net), earlier this year South Korean activist Kim Aehaw, of the Committee of Asian Women, was denied entry into Japan for advocating women workers’ rights. She later got in as a private citizen, but this demonstrates the government moving even months in advance to thwart infiltration.

Meanwhile for those already here, The Summit is eroding civil liberties. It’s not just that Toyako and environs are closed to the public for the duration. The Sapporo City Government, at the behest of the Sapporo Police, announced last December that between July 1 and 11, the three major parks in Sapporo would be off-limits to “gatherings” (“shuukai”). This was, after protests, amended to ask gatherers to “restrain themselves” (“jishuku”), but the effect is the same.
Source:sapporoshi011708.jpg

Needless to say, these parks are public spaces, and about 80 kms from the Summit site. So it’s like saying an event in the Imperial Palace forbids public gatherings in Hakone; in fact, a security radius this big covers just about all of Tokyo Prefecture.

So what of the alternate summits (http://g8ngoforum.sakura.ne.jp/english/) under the Hokkaido People’s Forum–on world poverty, indigenous peoples, peace studies, even economic and environmental issues that matter to host Hokkaido? Tough. Deemed equally dangerous are coincidental Sapporo fests, such as the Flower Festival, the Pacific Music Festival, the Nakajima Koen Flea Market, and the Sapporo Summer Festival.

But who cares about the needs of the local yokels, as long as the world’s leaders can enjoy their sequestration in distant hotels, dinners uninterrupted by potential unpleasantries.

Look, I’m all for bringing international events to impoverished Hokkaido. As long as we get something back from our hard-earned taxes to enjoy. We don’t from a Summit. It is not, for example, an Olympics, where in 1972, Sapporo got games, buildings, arenas, and a subway to enjoy. Nor a World Cup, where we inherited one of Japan’s best stadiums for our champion baseball team. With a Summit, little will remain in Toyako except an afterglow; according to the Hokkaido Shimbun (Sept. 4, 2007), even the Summit’s International Media Center will be razed.

Officially, the Hokkaido Business Federation does somehow estimate a 37.9 billion yen income over the next five years (no doubt including the unrelated ski bum boom in Niseko). But seriously now, will people flock to Toyako to buy, say, “G8-Summit manju”? Who even remembers the past five Summit sites? Go ahead. Name them. See what I mean?
Source:
http://news22.2ch.net/test/read.cgi/newsplus/1174997177/

But in terms of expense, the Summit’s three days of leaders in love is projected to cost, according to Yahoo News last year, 18.5 billion yen (about 180 million US dollars). Fine print: 14 billion of it is earmarked for “security”. Therefore who profits? Security forces, which get the lion’s share of the budget, and the government, which creates another precedent of cracking down on the distrusted public.

That’s the biggest irony of these Summits: Despite the Great Powers’ sloganeering about fostering democracy worldwide, their meetings employ very anti-democratic methods to quash debate and public participation. If the Great Powers are this afraid of dissidents spoiling their party, might it not be opportune for a democratic rethink of their policies?

Especially when you consider what these bunker mentalities encourage in Japan.

Even a relaxed Japan has the trappings of a mild police state. For example, extreme powers of search, seizure, interrogation, detention, and conviction already granted the prosecution in our criminal justice system. Moreover, something as fundamental to a democracy as an outdoor public assembly (a right guaranteed by our Constitution) requires permission from police and local businesses (Zeit Gist March 4, 2003).

Furthermore, Japan’s biggest police forces–Tokyo’s–can at times like these slip the leash of public accountability. To quote Edward Seidensticker, an author not given to intemperate criticisms:

“The chief of the Tokyo prefectural police is appointed by a national police agency with the approval of the prime minister and upon the advice of a prefectural police commission, which is ineffectual. None of these agencies is under the control of governor and council. Tokyo becomes a police city when it is thought necessary to guard against the embarrassment of having someone shoot at a president or a queen or a pope.” (TOKYO RISING, page 169)
Source:
https://www.debito.org/?p=561

Now send 1000 Tokyo “security police” (plus 300 “advisors”, according to April 14’s Yomiuri), along with another 2000 planned cops to Hokkaido, and watch what happens. Dollars to donuts the same outcome as Japan’s G8 Summit in Nago, Okinawa:

“Of the 81 billion yen Japan spent on hosting the summit–ten times more than any country ever spent before–about half went for security. Some 22,000 policemen specially flown in from across Japan, backed up by twenty aircraft and one hundred naval vessels (including destroyers), patrolled the land, sea, and sky of Okinawa,” reported the Japan Policy Research Institute in September 2000.

JPRI continued: “Swimmers and divers were flushed from surrounding seas, the cavernous insides of ancient tombs were carefully inspected, and elaborate security precautions around all major roads used by the G8 motorcades made it virtually impossible for local Okinawans to leave their homes, let alone get near the precincts of the summit conference.

“If anyone tried, police were quick to take down name and license number, and secret service officials in black suits stealthily recorded on camera the faces of local demonstrators conducting an innocuous ‘Nago peace walk.'”

Finally, citing a Manchester Guardian reporter, the report concluded, “Holding the G8 meeting in a remote island setting, briefly converted into a deluxe version of Alcatraz, did the trick.”
Source:
http://www.jpri.org/publications/workingpapers/wp71.html

Hokkaido, with 20% of Japan’s land mass, is clearly too big to Alcatraz. But the bureaucrats are giving it a good old college try. They aren’t just stifling social movements in Hokkaido’s biggest city. According to the Yomiuri (April 14), the police are deputizing about 3000 amateur “local residents” and “neighborhood associations” in Ikebukuro and Shinjuku, to “watch for suspicious people” around “stations and important facilities”. That now widens the security radius to 800 kilometers!
Source: Yomiuri News podcast April 14, 2008, from minute 13

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

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

Otherwise, Japan will remain amongst its G8 brethren, as scholar Chalmers Johnson put it, “an economic giant, but political pygmy.”

1640 WORDS
(Previous five G8 Summits: Heiligendamm, Saint Petersburg, Gleneagles, Sea Island, Evian. How many did you remember?)
ENDS

在日韓国・朝鮮人高齢者の年金訴訟を支える会: 4月25日判決傍聴と呼びかけ

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
Hi Blog. Court decision due April 25 on elderly Korean Zainichis being denied their Japanese nenkin pension contributions due to being foreign. Details below FYI. Arudou Debito

===================================
Subject: 4月25日判決傍聴と呼びかけご協力のお願い
Date: April 17, 2008 9:42:55 AM JST

お疲れ様です。
在日韓国・朝鮮人高齢者の年金訴訟を支える会の鄭明愛です。
いつも、貴重な情報をありがとうございます。
この場をお借りしまして、ご案内させていただきます。

在日韓国・朝鮮人高齢者の年金訴訟の大阪控訴審が判決を迎えます。
4月25日(金)15時30分〜大阪高等裁判所202号法廷で、
終了後、16時〜大阪弁護士会館で報告集会を行います。

1月18日の第3回控訴審で、
原告側代理人の発言にも耳をかさず、裁判官の暴挙とも言える、
いきなりの結審、そして判決を通告しました。

大阪高裁裁判長のスピード結審、
昨年12月25日の在日無年金障害者の年金訴訟の最高裁の不当判決、
それに続く、大阪地裁提訴の高齢者年金訴訟の上告受理せずの通知

合わせると、言いたくありませんが、
不当判決の可能性です。
大阪高裁、そして、その後の大阪弁護士会館での報告集会で
ぜひとも、抗議の声をあげていただきたいと思っております。

傍聴、抗議の声、報告集会での応援の声をいただきたいと思っております。
ご参加くださいますようお願い申し上げます。

ご参加いただけます方は、
15時に大阪高等裁判所門前に集合してください。
15時15分には、横断幕を持って行進して裁判所へ入場します。

原告のオモニは、五名おられますが、
90歳のオモニは腰を骨折されて入院され、
87歳のオモニは裁判に関わるには体の負担が大きく無理で、
80歳のオモニはお仕事で参加できなくて、
このたびは、原告団長の玄順任オモニと高五生オモニがチョゴリを着て
参加してくださる予定です。

在日一世の方々は、何の補償もなく、また保障もないまま、
ずっと働いてこられ、私たちを育ててくださり、生活の基盤を築いてくださった一世の方々、
苦労されたオモニたちが、また、今、私たちの代わりに、日本社会の差別を是正するために、闘ってくださってます。
玄順任オモニの言葉、
「私が言いたいことは一つだけです。
戦前は「非国民」としてなじられ、戦後は「外国人」として排除され、そんなことってありますか。」
原告五名は、「死ぬまで、最後まで闘う」
とおっしゃってくださってます。
ぜひとも、応援の声をおかけくださいますようお願いいたします。
また、お知り合いの皆様へ傍聴の呼びかけのご協力をお願いいたします。

追伸
4月25日15時30分大阪控訴審判決を迎えますが、
何とか政治的決着をつける道筋を作りたいと思います。
今年、おそらく国会が解散総選挙をした後に、国会請願署名の提出と厚労省交渉に行きます。
また、10月には、国連の自由権規約委員会が開催されますので、
障害者年金の原告団長、金洙榮さんがジュネーヴに行って日本政府と日本裁判所の差別を報告する予定です。

鄭明愛

***************
在日外国人「障害者」の年金訴訟を支える会
在日韓国・朝鮮人高齢者の年金裁判を支える会京都

〒601-8022京都市南区東九条北松ノ木町12エルファ内
電話075-693-2550
FAX075-693-2555
携帯090-6753-6993
e-mail lfa AT h7.dion.ne.jp
エルファ http://www.h2.dion.ne.jp/~lfa/
在日外国人「障害者」の年金訴訟を支える会
http://munenkin.hp.infoseek.co.jp/
在日韓国・朝鮮人高齢者の年金裁判を支える会・大阪高裁判決4月25日15時〜
http://zainichi-nenkin.hp.infoseek.co.jp/
ENDS

Japan Times: Critics deride future extra policing of NJ under new proposed registration policy

mytest

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Hi Blog. Here’s another article for the debate bonfire. This one stresses better administrative services for NJ. However, as commenters to Debito.org Blog have pointed out, it’s unclear how centralizing everything in the Justice Ministry is going to make applications any smoother or the lines any shorter at Immigration, if that is the agency which will be handling this matter. More criticisms follow. Debito in Sapporo

—————————————–
Report urges closer watch on foreigners
Critics deride proposal to let Justice Ministry handle all data
By JUN HONGO
The Japan Times: Thursday, March 27, 2008
http://search.japantimes.co.jp/member/member.html?mode=getarticle&file=nn20080327a1.html
Courtesy of Steve Silver

Foreigners living in Japan should be allowed five-year visas but kept under the eye of a new unified Justice Ministry-run nationwide identification system, a government panel on immigration control said in its report released Wednesday.

The panel, made up of university professors and private-sector executives, said a new foreigner registration system and revision of the Immigration Control and Refugee Recognition Law should aim at creating “a symbiotic community” by providing a “pleasant environment for foreign residents in Japan.”

While the report emphasizes that the proposed measures will enable the government to provide better services for foreign residents, critics view the new registry system as increased state control.

Key pitches in the proposal include abolishing the current alien registration cards and replacing them with IDs issued by the Justice Ministry and creating a registry system of foreign residents on a household basis — rather than an individual basis.

The report also proposes deregulation, including extending the renewal period for visas to a maximum of five years. Currently, visas must be renewed every one to three years.

Justice Ministry officials said they are in talks with the Internal Affairs and Communications Ministry over the structure of a new registry system and would review the proposals by the panel and prepare relevant bills to be submitted to the regular Diet session next year.

Critics were quick to voice their concern over the proposals.

“It remains unclear how the government will respond under the proposed system to each unique case of overstayers. Unified control by the Justice Ministry could result in aggressive deportations,” said Hiroo Osako, chief secretary of the nongovernmental group 119 Network for Foreigners.

The Saitama Prefecture-based activist said improving administrative support for foreigners can be achieved without revising current regulations. The proposed tighter controls, he warned, endanger privacy and basic human rights of foreign residents in Japan.

“For the government to think that strict control over foreigners will solve their issues is wrong,” Osako said.

Information on foreigners in Japan is kept separately by the Justice Ministry, which controls immigration, and local governments, which issue alien registration cards.

The government panel said in its report that the dual control complicates “proper management of foreign residents” because of difficulties in obtaining information. The setup not only allows overstayers to remain in Japan but also leads to inefficiencies in providing administrative services to legitimate foreign residents, it said.

Under the proposal, long-term foreign residents, excluding special permanent residents such as Korean residents as well as diplomats, will be issued new identification cards at local immigration offices upon arriving in Japan or when they have their visas renewed.

Holders of such cards, as well as special permanent residents, will use their IDs to register with their local governments.

The new database, to be managed by the Justice Ministry, would keep tabs on cardholders’ employment status and personal information, including place of residence.

By unifying the database on foreign residents in Japan, it will also become easier to “crack down on illegal residents and illegal workers,” the report says.

In return, foreigners in Japan will “receive better administrative services,” including simplified procedures for renewing stay permits and a possible extension of the maximum stay period, as well as easier access to health-care and educational services.

The panel also called for a review of the current system whereby long-term residents are required to have a re-entry permit when they leave Japan.

“The proposed system may provide some convenience, but it is unclear why the Justice Ministry needs to single-handedly control all the data concerning foreigners,” said Naomi Hayazaki, representative of the nongovernmental group Rights of Immigrants Network in Kansai.

The Japan Times: Thursday, March 27, 2008
ENDS

Mainichi: MOJ delays decision on requiring Zainichi to carry ID, with abolition of old NJ Registry System

mytest

Hi Blog. In case you haven’t heard, the GOJ is abolishing the old Gaijin Card system. In its place, a “Zairyuu Card”, which you must carry around 24-7 (same as before), only with more centralized policing power and more tracking capability. Except if you’re a Zainichi (Special Permanent Resident) “generational foreigner”, it seems, according to the article below.

Good for them. However, this exemption doesn’t apply to the other “Regular Permanent Residents”, who emigrated here, can stay here forever like the Zainichi, and who probably outnumber the Zainichi for the first time in history as of 2007. How about concerns for their “human rights”, then? Never mind. This is a matter of politics, not logic. Read on. Arudou Debito in Sapporo

=====================================
Japan to delay decision on requiring special permanent residents to carry ID
http://mdn.mainichi.jp/national/news/20080310p2a00m0na013000c.html
Mainichi Shinbun March 10, 2008
Courtesy Jeff Korpa

The Justice Ministry will postpone until next fiscal year a decision on whether to require special permanent residents such as Koreans to carry identification cards after the government abolishes the alien registration system, ministry sources said.

Ministry officials have deemed that they need more time to carefully consider the matter as the human rights of permanent foreign residents are involved, according to the sources.

An advisory council to the government on immigration policies will submit its final report to the justice minister by the end of this month, recommending that the alien registration system be abolished and a system similar to the basic resident register system for Japanese nationals be introduced for permanent residents.

However, it will not incorporate in the report whether the ministry should issue identification cards to special permanent residents or if they should be required to carry such ID cards at all times.

Under the Alien Registration Law, permanent foreign residents are required to carry their alien registration cards.

A final decision on the issue may not be made until the government submits a bill on a new resident register system for foreign nationals to a regular Diet session early next year, the sources suggest.

In January, the Justice Ministry and Internal Affairs and Communications Ministry decided to replace the current foreigner registration system based on the Alien Registration Law with a system similar to the basic resident register system for Japanese nationals.

Mainichi Shinbun March 10, 2008
ENDS

毎日:特別永住者:身分証携帯義務化の結論先送り 法務省

mytest

特別永住者:身分証携帯義務化の結論先送り 法務省
毎日新聞 2008年3月10日
http://mainichi.jp/select/wadai/news/20080310k0000e040078000c.html

 外国人登録法に基づく在留管理制度を撤廃することを決めている法務省が、今月末までにまとめる予定の新制度の骨子案に、在日韓国・朝鮮人など特別永住者に新たな身分証を発行し携帯を義務付けるかどうかについては盛り込まず、結論を来年度以降に先送りすることが分かった。特別永住者への対応は、来年の通常国会に提出予定の法案作成時までずれ込む可能性もある。

 法務、総務両省は1月、現行の外国人登録制を廃止し、日本に中長期滞在する外国人について、日本人の住民基本台帳と同様の制度に改編する方針を決めた。

 特別永住者については、法相の私的諮問機関「出入国管理政策懇談会」が今月中に提出する法相への最終報告で、台帳制度に加えることを盛り込む予定だが、現行の外国人登録証明書に代わる新たな身分証の発行や、身分証の携帯義務を課すかどうかは報告に明記しない方針が固まった。人権問題などが絡むため、結論を出すにはさらに慎重な論議が必要と判断したとみられる。これを受け、法務省も今月末の骨子案では結論を出さない見通しだ。

 現行の外国人登録証明書は携帯が義務付けられており、反発も強い。一方で、公安当局の中には携帯義務の継続を求める声もある。新制度では特別永住者を除く中・長期滞在の外国人については、身分証の携帯義務の方針が決まっている。【桐野耕一】

外国人登録証明書の携帯義務

〓〓〓〓 外国人登録法で定められている。政府が93年、特別永住者と一般の永住者(永住者資格を取得した外国人)に対し登録時の指紋押なつを廃止した際も、証明書の携帯義務は存続させた。在日韓国・朝鮮人から反発が出て、証明書を首相に送り付ける抗議もあった。98年には国連規約人権委員会が携帯義務に刑事罰を科すことに是正を勧告し、00年から特別永住者については行政罰に変更された。
毎日新聞 2008年3月10日 15時00分

Yomiuri: GOJ revising NJ registry and Gaijin Card system: More policing powers, yet no clear NJ “resident” status

mytest

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Hi Blog. Comment follows article.

============================
Ministry plans to strengthen visa system / Plan includes 5-year stay extension
The Yomiuri Shimbun Mar. 21, 2008
http://www.yomiuri.co.jp/dy/national/20080321TDY01305.htm
Courtesy of Jeff Korpa

The Justice Ministry intends to extend the current period of stay issued for foreigners from a maximum of three years to up to five years, based on the recommendation of a government panel on immigration control policies, sources said Thursday.

The panel, which has been discussing ways to improve the system for foreign residents, will submit to Justice Minister Kunio Hatoyama within this month the proposals aiming to boost convenience for foreigners living in Japan lawfully as well as strengthening measures against foreigners who overstay their visas, according to the sources.

The ministry will present to an ordinary Diet session in 2009 related bills to revise the Immigration Control and Refugee Recognition Law, the sources said.

The main pillars of the proposals will be:

— Issuing a new “foreign resident’s card” by the Immigration Bureau and abolishing foreign resident’s registration cards issued by ward, city, town and village governments.

— Requiring foreigners to report to the justice minister any changes in their places of work during their stay in Japan and other personal information.

— Requiring organizations that accept foreigners as students or trainees to report how they study or undergo training programs.

The measures are aimed at unifying and tightening government management on the control on foreign residents as well as enhancing the convenience for foreigners living in the nation lawfully, the sources said.

With the enactment of the revised Employment Measures Law in October, companies hiring foreigners are required to report to job-placement offices their names, visa statuses and other personal information.

With the panel’s recommendation the ministry intends to widen this mandatory reporting to other organizations, including universities, the sources said.

The duration of stay for foreign nationals is determined according to visa status. For example, one or three years are allowed as the duration of stay for a foreign national with the visa status of a spouse of a Japanese or of an intracompany transferee. At first, the duration of stay is one year. But if the person has no problems after this first year, it is common for the duration of stay to be extended to three years.

If the duration of stay is extended up to five years as the envisioned system suggests, renewal procedure burdens over the duration of stay would be lessened for long-stay foreign residents with Japanese spouses.

There were about 2.09 million foreign nationals with alien registrations in Japan as of Dec. 31. Of them, those subject to the envisioned system will include permanent residents (about 780,000 people), spouses of Japanese and intracompany transferees.

The envisioned system will exclude about 440,000 special permanent residents such as ethnic Korean residents in Japan. It also will exclude temporary visitors who are allowed to stay a maximum of 90 days, as well as diplomats and officials.

In response to an increase in the number of illegally overstaying foreigners, the panel set up in February last year a special committee to examine a new resident entry system for foreign nationals living in Japan, under which members conduct hearings with officials at the local municipalities, the Japan Business Federation (Nippon Keidanren) and the Japan Federation of Bar Associations.

(Mar. 21, 2008)
ENDS
===================================

COMMENT: Don’t know what to make of this policy revision yet. On one hand, we have the abolition of the old Gaijin Card and Registry system, in place since shortly after WWII to police foreigners, and registry more akin (they say) to to the current Family Registry system we have for Japanese citizens (in case you don’t know, NJ are “invisible residents”, as Japan is the only country I know of that requires citizenship to register people as juumin “residents” (cf. the juuminhyou mondai)). It also will extend the legitimacy of the former “Gaijin Cards” (which all NJ must carry 24-7 or face arrest) from three years to five. That’s the good news.

The bad news is that this measure, despite claims that it will make life “more convenient” for NJ living in Japan, is mainly a further policing measure. Registration will be centralized in the police forces (not the local municipalities any more), the replacement Cards will have more biometric data and tracking capability (RFID, anyone?), and the cards, as labelled, are rhetorically old wine in new bottles. Despite the translation of “foreigner residents’ card” below, the “zairyuu kaado”, as it’s called in the original Japanese, are not “zaijuu” cards (indicating residency with juumin no juu), rather “zairyuu” (ryuugakusei no ryuu), indicating merely a stay here from overseas.

How nice. We still have to get beyond seeing NJ in Japan as “not really residents”, and all our protestations thus far clearly have not sunk yet in with policymakers at the national level. Arudou Debito

読売:外国人在留を5年に延長、管理厳格化を機に…法務省方針

mytest

HANDBOOKsemifinalcover.jpgwelcomesticker.jpgFranca-color.jpg
外国人在留を5年に延長、管理厳格化を機に…法務省方針
2008年3月21日03時03分 読売新聞
http://www.yomiuri.co.jp/politics/news/20080320-OYT1T00662.htm

 外国人の在留管理制度の改善を検討してきた法相の諮問機関「出入国管理政策懇談会」(座長・木村孟(つとむ)大学評価・学位授与機構長)が月内に鳩山法相に提出する「新たな在留管理制度に関する提言」の全容が20日、明らかになった。

 身分証となる「在留カード」を入国管理局が発行し、不法滞在対策などを強化する一方で、「在留期間の上限の延長」を盛り込んだのが柱だ。提言を受け、法務省は、原則3年が上限の現在の外国人の在留期間を5年に延長する方針だ。来年の通常国会に出入国管理・難民認定法などを改正する関連法案を提出する。

 提言は、不法滞在外国人の増加などを受けて対策を講じるもので、〈1〉市区町村が発行する外国人登録証明書を廃止し、入管が「在留カード」を発行する〈2〉外国人に、在留期間中の勤務先などの変更を入管に届け出ることを義務づける〈3〉外国人の留学、研修先などの所属機関に在籍状況などの報告を義務づける――ことなどが柱となっている。国が在留管理を一元化し、厳格化する一方で、適法に在留する外国人の利便性を向上させることを目指している。

 日本国内では、昨年10月の改正雇用対策法の施行により、外国人を雇用する事業主には、氏名、在留資格などをハローワークへ報告することが義務づけられ、在留管理が厳格化された。提言を受け、法務省は、この報告義務を、大学など他の所属機関にも拡大する。

 外国人の在留期間は在留資格ごとに決まっており、「日本人の配偶者等」「企業内転勤」などの在留資格では、「1年または3年」となっている。最初は1年で、問題などが起きなければ、3年に延長されるのが一般的だ。5年に延長されれば、日本人の配偶者などの長期滞在の外国人は、在留期間更新手続きなどの負担が軽減される。

 現在、外国人登録をして日本に滞在している外国人は、約208万5000人(2006年12月31日現在)。このうち、新たな在留管理制度の対象となるのは、「永住者」をはじめ、「日本人の配偶者等」「企業内転勤」の外国人などだ。

 今回の提言は、「外交・公用」が目的で滞在する外国人や、「特別永住者」と呼ばれる在日韓国・朝鮮人(約44万人)などは対象としていない。

 出入国管理政策懇談会は不法滞在外国人の増加などを受け、昨年2月に「在留管理専門部会」を設置。新たな在留管理制度について検討してきた。

(2008年3月21日03時03分 読売新聞)