Kyodo: Half of foreigners in Tokyo experienced discrimination: ARIC survey

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Hi Blog.  At the risk of calling forth “Captain Obvious” or “Obviousman“, here’s a survey saying that half of Tokyo-resident NJs have experienced discrimination; it even made the news.  The survey is not quite on the scale or scope of the previous Ministry of Justice one Debito.org covered (and I wrote two Japan Times columns about here and here) in 2017, since it has a smaller sample size, has a more targeted surveyed group, and is confined to the Tokyo area.  But it’s nevertheless better than the very biased one the GOJ did twelve years ago.

It also deserves a mention on Debito.org as it quantifies the degree and patterns of discriminatory behavior out there.  ARIC, the group doing the survey, is on the right track recording issues of domestic racism and hate speech.  Let’s have more surveys in other places, and get data quantified and triangulated nationwide.  Enough of these, and recorded isolated incidents eventually merge into patterns, and ultimately concretely-measured trends that justify public policy fixes.  Debito Arudou Ph.D.

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Half of foreigners in Tokyo experienced discrimination: survey
The Japan Times and Mainichi Shinbun, April 17, 2019, Courtesy of JR
https://www.japantimes.co.jp/news/2019/04/17/national/social-issues/half-foreign-nationals-tokyo-experience-discrimination-survey-shows/

TOKYO (Kyodo) — Nearly half of the foreigners living in Tokyo have experienced racial discrimination, according to a survey released Tuesday by a civic group.

In the survey conducted by the Anti Racism Information Center, a group organized by scholars, activists and university students, 167 of 340 respondents including students said that they have suffered discriminatory treatment such as being told not to talk in a language other than Japanese.

Some working as retail shop cashiers said customers asked for Japanese cashiers, according to the face-to-face questionnaire survey conducted in February and March in Tokyo’s Shinjuku Ward.

Among them, a Nepalese man who works at a drugstore said one customer told him that he or she does not like to see a foreigner working as a cashier and asked for someone else.

A Chinese respondent who works at a convenience store said that a colleague told the respondent not to speak Chinese when the respondent was asked for directions by a Chinese-speaking customer.

There were also cases where foreigners had apartment rental applications rejected. Some said they were denied entry into stores, but none of the respondents took their case to a public office dealing with such issues.

Ryang Yong Song, a representative of the civic group, told a press conference that foreigners living in Japan tend to “end up letting (their discriminatory experiences) drop.”

“The government should conduct a survey to show what kind of discrimination foreigners face,” Ryang said, calling on schools and employers to deal more proactively with discrimination and establish a mechanism to involve public officials in addressing the problems.

With the country’s new visa system having started this month to bring in more foreign workers to address the deepening labor crunch, there have been criticisms about the government’s ability to offer consultation to foreign residents.

ENDS
========================

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My Japan Times JBC 115: “Know your rights when checking in at an Airbnb” (Apr 17, 2019)

mytest

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Hi Blog.  Here’s and excerpt of my latest Japan Times Just Be Cause Column 115, on NJ check in at hotels and Airbnb.  Reports to Debito.org are already coming in that police are willfully misinterpreting the law, so be prepared if necessary to produce the law and stand your ground.  Debito Arudou Ph.D.

JUST BE CAUSE
justbecauseicon.jpg

ISSUES | JUST BE CAUSE

Know your rights when checking in at an Airbnb
BY DEBITO ARUDOU, 
THE JAPAN TIMES, APR 17, 2019

Last year, the government passed a law covering minpaku, which is when people rent out space on their properties to travelers (a la Airbnb). The law is part of an effort to regulate accommodations amid a tourism boom ahead of the 2020 Olympics.

One issue for non-Japanese travelers, though, has been whether they must show ID such as a passports at check-in.

For hotels, which fall under the Hotel Business Law, the regulation has always been this: For any adult, Japanese or non-Japanese, who has an address in Japan, ID is not required. You just write your contact details in the guest registry. However, for guests who don’t reside in this country, displaying ID (i.e., your passport) is required.

Seems straightforward so far, right? But as has been reported several times over more than 10 years of this column, the police (and occasionally the Ministry of Health, Labor and Welfare) have confused things. Some hotels have been instructed that all “foreign guests” must show ID, specifically their passports…

Rest at https://www.japantimes.co.jp/community/2019/04/17/issues/know-rights-checking-airbnb/

More information at http://www.debito.org/?p=15559.

=============================
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Senaiho Update 2: School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back.

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Hi Blog. Here’s a second update from “Senaiho”, who has given Debito.org important updates (previous ones here and here) about overzealous enforcers of school rules in Japan’s compulsory education system acting as what Debito.org has long called “the Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)  As reported on Debito.org at the beginning of this year, after months of playing by the rules established by the local Board of Education, Senaiho finally lodged a formal criminal complaint against his daughter’s school officials, and it’s smoking out hidden documents.

The update is that The BOE is simply engaging in obfuscation and coverup. After attracting some (domestic) press attention (which didn’t itself cover the racial-discrimination aspect of this happening to a child of international background, for having the wrong natural hair color/texture), the local government has decided (as you can see below) to investigate not the case (to prevent something like this from ever happening again to another student), but rather how not to get sued. Official transcripts are also indicating testimonies grounded in rumor, not fact, without direct input from the victimized family.  And for good measure, we now have the time-worn bureaucratic tactic of smothering claimants with documents to consume all their free time. All while Senaiho is attempting to take this out of local lackluster investigative hands and into criminal court, by filing a criminal complaint.

The interesting news is that according to a recent article in Japan Today (full text after Senaiho’s dispatches) is that forcible hair cutting like this is seen as (generally distasteful) corporal punishment (taibatsu) elsewhere (in conservative Yamaguchi Prefecture of all places, home constituency of PM Abe).  In that case, apologies were forced by the students, top-down pressure put on the teacher to reform, and the teacher being relieved of some of his duties.  Let’s keep an eye on Senaiho’s case, for if his criminal complaint succeeds, it will be a template for others on how to take cases of abusive teachers out of the hands of evasive, “see-no-evil” Boards of Education, and protect diverse children from the cookie-cutter conformity of Japan’s JHSs and SHSs.  Debito Arudou Ph.D.

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From: Senaiho
Subject: officials meeting transcripts
Date: March 25, 2019
To: Debito Arudou <debito@debito.org>
Hello Debito,

On the way to the prosecutors office yesterday we picked up a copy of all the documents the city office has concerning us. We made the disclosure request about a month ago. We have gone over most of it and I can report to you and your readers about the contents.

I have to begin by saying that we are only allowed to see documents that relate to us directly, so in the picture I sent, you can see we have the minutes of meetings between elected officials and heads of departments and their staff. Everything that does not relate to us is redacted, however if you hold the copies under a strong light, it is readable. I won t dwell on any of that for now. What I can say without a scientific survey, is that about 90% of the discussion about us in these meetings discussed how to avoid being sued. There was never anything discussed about how to make things right, or how to do anything properly, it was all a discussion on how to avoid, confuse, delay, and obfuscate. There was a small discussion on who might be personally responsible if a suit occurred, and the impression I got was they were all out to minimize their own personal responsibility by shifting the blame to some other department or person other than themselves. There was some discussion on the effect of the mass media, again trying to strategize a way to make themselves look better in some light. The remainder of the discussion was about a rumor some official had heard from someone in our neighborhood that we requested the teacher to cut our daughter’s hair and that we were in fact glad that they cut it. How ludicrous! We now know who the source of this non fact is.

Since some of these comments were made by elected officials, we have the right to demand clarification from these officials on the exact meaning of some of their statements which we will soon do.

So anyone who has ever wondered what these well paid officials do with some of their employed hours, now you know. Senaiho

/////////////////////////////////////////
From: Senaiho
Subject: council meeting transcripts
Date: March 27, 2019
To: Debito Arudou <debito@debito.org>

Hello Debito,
We got another major data dump from the city office yesterday and are trying to sort through that now so have several balls to juggle. I think this might be a little difficult for your readers to grasp, so I will try to explain what these meeting transcripts are about and the issues we have with it.

1. There is an elected official on the town council by the name of Takei Toshihisa, you can find his name in the documents. He states several times in meetings that he has heard a “rumor” that he keeps repeating that my wife gave permission to the teacher and in fact asked her to cut our daughters hair. This is an outright lie. At first they tried the narrative that my daughter gave permission to the teacher to cut her hair, but now they are trying to make my wife the trouble maker by supposedly asking the teacher to cut our daughters hair. This is the tactic of shifting the blame from the perpetrator, i.e. the teacher and trying to place the focus of the cause of the trouble onto the victims, or in other words blame the victim for the accident. This was the strategy from the beginning by the B. of E. and the town council member is just following that line.

2. This town council member also tries to change the language of the incident and insists on downgrading the title of it from a “school accident” to something less serious, like “school incident”. By doing this he thinks it will lessen the seriousness and their liability in case they are sued. Just calling something by what it is not, will make it go away or lessen the impact of it. Here he shows that he has no understanding of what his job is as a member of the town council. Their job is oversight of the functions of the city government. When the B. of E. was not doing their jobs and following the law we petitioned the town council to oversee them and make them do it. You can see by these transcripts they are in fact not doing it.

3. Its not in these transcripts, but another member of the town council who happens to support our cause told us that she heard from this Takei san regarding us as people; “These people are a problem.” I suppose he has some deep seated hatred of mixed marriages and their offspring residing in “his” town. We plan on filing a complaint petition about what he says and the job he is doing which is our right as a citizen. I hope more people will do the same in their area.

If our case is taken up by the prosecutor it will be because of the fact that we have mountains of evidence showing what we claim. As you may know most cases get dismissed because of a lack of evidence. We started collecting it from the day we suspected our daughter was being bullied. We have recordings, pictures, statements from witnesses, documents, many bytes of stuff all on google drive. Without it we would be nowhere today. I cant stress this enough. Senaiho
/////////////////////////////////////////

Japan Today article:

High school teacher in hot water after forcibly giving male student a buzz cut
Apr. 4, 2019, courtesy of JDG
By Koh Ruide, SoraNews24 TOKYO
https://japantoday.com/category/national/high-school-teacher-in-hot-water-after-forcibly-giving-male-student-a-buzz-cut#comments

Not too long ago, teachers from a Japanese school made media headlines when they went to the extreme of cutting off 44 students’ hair for not meeting the dress code. And it appears a similar incident has happened again, this time in Kudamatsu Technical High School in Yamaguchi Prefecture.

In late autumn last year, a male teacher in his forties allegedly grabbed an electric hair clipper and gave one of his first-year male students a buzz cut, causing the boy take a leave of absence from school shortly after.

When approached by the principal in December, the teacher claimed he did it because his hair was too long.

But it seemed the problem ran deeper, as the educator had often hurled verbal abuse at his homeroom class, calling them “morons”, “idiots” and “stupid”, earning him a stern reprimand from the principal. When classes resumed in January after the New Year holidays, the teacher’s personality had apparently changed for the better, an improvement the principal thought not important to warrant reporting to the local Board of Education.

But all 40 pupils of that class and their parents had not forgotten that the educator forcibly cut someone’s hair, and furiously launched a petition to the board in February this year calling for his disciplinary dismissal.

In an effort to appease them, a meeting between school, Board of Education, students and parents was held on March 15, where the teacher officially apologized for his mistakes.

“Forcibly cutting students’ hair amounts to corporal punishment,” a board spokesman said firmly.

The educator’s role has now been shifted from homeroom teacher to assistant teacher, away from tasks that involve student-teacher interactions. “The current situation is still under investigation, and we will consider the feelings of the parents and students with regards to the teacher’s future,” said the principal.

“I deeply regret that it has come to this. I failed to report to the Board of Education because I thought the issue was solved with the teacher correcting his behavior, but I should have done so,” the principal apologized.

Source: Nikkan Sports via My Game News Flash

ENDS
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Nikkan Sports original article, courtesy of AnonymousOG:

教諭が生徒の髪を丸刈り 保護者らが懲戒免職を嘆願
[2019年3月25日 日刊スポーツ]
https://www.nikkansports.com/general/nikkan/news/201903250000810.html

山口県立下松工業高の40代の男性教諭が昨年秋、担任するクラスの1年生の男子生徒の髪が長いからとバリカンで頭を丸刈りにした上、「病院に行け」などと乱暴な言動をしたことに端を発し、クラスの生徒40人全員と保護者が2月、同県教育委員会に同教諭を懲戒免職にするよう嘆願書を出していたことが25日、分かった。同校は嘆願書を提出されるまで、教育委員会に事態を報告していなかった。

男性教諭は18年秋、当該男子生徒の頭をバリカンで丸刈りにした上「病院に行け」などと言い、その後、生徒は同12月に学校を休んだという。高橋等校長(57)は、日刊スポーツの取材に「バリカンで生徒の髪を切ったのは事実。教諭からも『髪が長いから切りました』と報告があった」と認めた。その上で「生徒が休んだ理由の1つに(バリカンで髪を切ったことが)あるかもしれない」と語った。

県教委の関係者も、嘆願書が提出された事実を認めた上で「一般論として、了承を得ずに髪を無理矢理切ったなら体罰」と言及した。それを受け、高橋校長は「なぜ切ったかは現状はっきりしておらず、県教委が生徒にヒアリングを行っています」と、当該教諭が生徒の了承を得て髪を切ったか否かは調査中だとした。

当該教諭には、以前から生徒に「ボケ」「アホ」「バカ」などと乱暴な言動を浴びせるという情報が学校に寄せられていたという。そのため、高橋校長は18年12月に当該教諭に対し「事実か分からないが、もし子どもたちにそういうことを言っているなら改めなければならない。(クラス)全体がいる中で『病院に行け』などという言葉はいけない」などと指導したという。

その後、今年1月に入り、同教諭の生徒指導が「人が変わったくらい」(同校長)改善されたように見えたため、教育委員会へ一連の事態について報告しなかったが、2月に嘆願書が出された。学校側は15日に教育委員会同席の上で生徒、保護者と分けて説明会を行い、教諭は謝罪したという。高橋校長は「子どもたちにとって12月までの言動、考えが変わったのだろうか? と疑問があったのでは」と説明した。

同教諭は嘆願書の提出後に担任を外れ、生徒に関わらない業務をしており、ホームルームなどは副担任が対応しているという。高橋校長は、同教諭を来年度、担任から外すことを検討していることを明かし「今の状況だと難しいと判断している。生徒、保護者の気持ちを踏まえて配慮する」と説明した。

その上で「学校が、こういう状況になっていること自体、大変申し訳ない。私が見て(教諭の生徒指導が)変わったと思い、県教委に報告しなかったが、昨年12月の段階で報告すべきだった」と謝罪した。
ENDS

==================================
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NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

mytest

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Hi Blog. Related to our recent posts by Senaiho about the unchecked bullying power of the self-appointed “Hair Police” in Japan’s secondary education system, here’s how a progressive system deals with it, particularly when it comes to hairstyles in the professional world. New York City’s Human Rights Commission will soon be enforcing guidelines dealing with racial discrimination when it comes to how people choose to wear their hair professionally. And these penalties have real teeth: The NYC HRC can levy fines on companies of up to a quarter-mil, plus damages in court afterwards!

This is, of course, absolutely unimaginable in Japan, where their state-sponsored “Bureau of Human Rights” (Jinken Yougobu) is but a Potemkin system (with no ability to levy penalties, and arbitrary guidelines for launching investigations) that only exists to deflect criticism from overseas that Japan isn’t respecting treaty obligations towards human rights. Consequently people of diversity are forced into an absolutist narrative where “looking Japanese” is not only quantifiable as a standard (e.g., hair must be straight and black), but also enforceable under normalized racial profiling by the Japanese police (which has detained people for “looking foreign” while Japanese). This is why “Embedded Racism” remains so unchecked in Japan.

Read on for how NYC HRC is doing it, and consider this as a template. Debito Arudou, Ph.D.

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

New York City to Ban Discrimination Based on Hair
New guidelines out this week give legal recourse to individuals who have been harassed, punished or fired because of the style of their hair.
By Stacey Stowe
The New York Times, Feb. 18, 2019
https://www.nytimes.com/2019/02/18/style/hair-discrimination-new-york-city.html

PHOTO CAPTION: The New York City’s human rights commission specifically asserts the right of people to have “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

Under new guidelines to be released this week by the New York City Commission on Human Rights, the targeting of people based on their hair or hairstyle, at work, school or in public spaces, will now be considered racial discrimination.

The change in law applies to anyone in New York City but is aimed at remedying the disparate treatment of black people; the guidelines specifically mention the right of New Yorkers to maintain their “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

In practice, the guidelines give legal recourse to individuals who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The city commission can levy penalties up to $250,000 on defendants that are found in violation of the guidelines and there is no cap on damages. The commission can also force internal policy changes and rehirings at offending institutions.

The move was prompted in part by investigations after complaints from workers at two Bronx businesses — a medical facility in Morris Park and a nonprofit in Morrisania — as well as workers at an Upper East Side hair salon and a restaurant in the Howard Beach section of Queens. (The new guidelines do not interfere with health and safety reasons for wearing hair up or in a net, as long as the rules apply to everyone.)

The guidelines, obtained by The New York Times before their public release, are believed to be the first of their kind in the country. They are based on the argument that hair is inherent to one’s race (and can be closely associated with “racial, ethnic, or cultural identities”) and is therefore protected under the city’s human rights laws, which outlaw discrimination on the basis of race, gender, national origin, religion and other protected classes.

To date, there is no legal precedent in federal court for the protection of hair. Indeed, last spring the United States Supreme Court refused an NAACP Legal Defense and Educational Fund request to review a case in which a black woman, Chastity Jones, had her job offer rescinded in 2010 at an Alabama insurance company after she refused to cut off her dreadlocks.

But New York City’s human rights commission is one of the most progressive in the nation; it recognizes many more areas of discrimination than federal law, including in employment, housing, pregnancy and marital status. Its legal enforcement bureau can conduct investigations, and has the ability to subpoena witnesses and prosecute violations.

“There’s nothing keeping us from calling out these policies prohibiting natural hair or hairstyles most closely associated with black people,” said Carmelyn P. Malalis, the commissioner and chairwoman of the New York City Commission on Human Rights.

“They are based on racist standards of appearance,” Ms. Malalis continued, saying that they perpetuate “racist stereotypes that say black hairstyles are unprofessional or improper.”

In New York, it isn’t difficult to find black women and men who can speak about how their hair has affected their lives in both subtle and substantial ways, ranging from veiled comments from co-workers to ultimatums from bosses to look “more professional” or find another job.

For Avery, 39, who works in Manhattan in court administration and declined to provide her last name for fear of reprisal at work, the answer to how often she fields remarks on her hair in a professional setting is “every day.”

Avery said her supervisor, who is white, encourages her to relax her hair, which she was wearing in shoulder-length chestnut-colored braids. “She’s like, ‘You should do your hair,’ when it is already styled, or she says, ‘straight is better,’” Avery said. She added that the only hair color her supervisor approves of is black.

Georbina DaRosa, who is interning to be a social worker, had her hair in box braids as she ate lunch with a colleague at Shake Shack on East 86th Street on a recent weekend afternoon. Ms. DaRosa said her hair sometimes elicited “microaggressions” from her superiors at work.

“Like, people say, ‘I wouldn’t be able to recognize you because you keep changing your hairstyle,’ that’s typical,” said Ms. DaRosa, 24.

Her lunch partner, Pahola Capellan, who is also black and whose ringlets were bobbed just above her shoulders, said, of her own experience: “It’s very different. There’s no discrimination because my hair is more acceptable.”

A 21-year-old black woman who gave her name only as Enie said she quit her job as a cashier at a Manhattan Wendy’s six months ago when a manager asked her to cut off her 14-inch hair extensions. “I quit because you can’t tell me my hair is too long, but the other females who are other races don’t have to cut their hair,” said Enie, who now works at a hospital.

There has long been a professional toll for those with certain hairstyles. Almost 18 percent of United States soldiers in active duty are black, but it is only in recent years that the military has dropped its prohibitions on hairstyles associated with black culture. The Marines approved braid, twist and “lock” (usually spelled loc) hairstyles in 2015, with some caveats, and the Army lifted its ban on dreadlocks in 2017.

And certain black hairstyles are freighted with history. Wearing an Afro in the 1960s, for instance, was often seen as a political statement instead of a purely aesthetic choice, said Noliwe Rooks, an author and professor at Cornell University whose work explores race and gender. Dr. Rooks said that today, black men who shave designs into their hair as a stylistic choice may be perceived as telegraphing gang membership.

“People read our bodies in ways we don’t always intend,” Dr. Rooks said. “As Zora Neale Hurston said, there is the ‘will to adorn,’ but there is often a backlash against it.”

Chaumtoli Huq, an associate professor of labor and employment law at City University of New York School of Law, said that attitudes will change as black politicians, like Stacey Abrams, who ran for governor of Georgia, and Ayanna Pressley, who represents Massachusetts in Congress, rise in prominence.

“As more high-profile black women like Abrams and Pressley opt for natural hairstyles, twists, braids, we may see a positive cultural shift that would impact how courts view these guidelines that seek to prevent discrimination based on hair,” Ms. Huq said.

Hair discrimination affects people of all ages. In the past several years, there have been a number of cases of black students sent home or punished for their hairstyles. In New Jersey, the state civil rights division and its interscholastic athletic association started separate investigations in December when Andrew Johnson, a black high school student, was told to cut off his dreadlocks or forfeit a wrestling match.

Last August, an 11-year-old student in Terrytown, La., was sent home from school for wearing braids, as was a 6-year-old boy in Florida who wore dreadlocks. In 2017, Mya and Deana Cook, twin sisters in Massachusetts, were forced to serve detentions because officials said their braids violated their school’s grooming policy.

Similar instances in New York City could fall under the human rights commission’s expansive mandate, as do instances of retailers that sell and display racist iconography.

In December, the commission issued a cease-and-desist order to Prada, the Italian luxury fashion house, after the window of its SoHo store was adorned with charms and key chains featuring blackface imagery.

The fashion company instituted training in the city’s human rights law for employees, executives, and independent contractors. It also immediately pulled the line of goods from its United States stores.
ENDS

=============================
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Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform

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Hi Blog. Debito.org has been holding back on commenting on the Carlos Ghosn arrest.  A former president of Nissan and Mitsubishi, Ghosn was a hero in many circles for saving the formerly struggling Japanese automakers and making them world players again.  (Disclosure:  I’ve owned a number of Nissans, and found their quality improved over the years.)  So imagine everyone’s surprise (not the least his) when he’s returning from an overseas meeting last November and suddenly gets arrested at Haneda Airport (along with a fellow NJ associate), and thrown in the clink without trace for the standard 48 hours without charge, then a couple of ten-day periods before re-arrest and repeat.

The reason Debito.org has been holding back is because, well, actually, what happened to Ghosn after arrest is not all that surprising from a jurisprudential perspective.  This could happen to anyone regardless of nationality (excepting the general denial of bail for NJ).  And I personally have to admit feeling just a shade of schadenfreude for a filthy-rich one-percenter getting taken down a peg.

Truth is, I wanted to see if he’d get the standard treatment afforded most perps in Japan — a few weeks, months, or even more than a year of disappearing while being put under constant duress until you sign a confession (aka “hostage justice“).  Plus the standard treatment given NJ under arrest — an additional presumption of a lack of human rights for foreigners.  More on all that in my book Embedded Racism, Ch. 6, “A Chinaman’s Chance in Japanese Court”. I did comment on Ghosn for The Japan Times in my annual year-end round-up Just Be Cause column (published version here, “Director’s Cut” here).

Well, Ghosn has gotten the treatment.  Except for the fact he’s been able to communicate with the media in high-profile interviews.  More on that below.  So here’s Debito.org’s long-awaited comment about the Ghosn Case (from that “Director’s Cut”):

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DEBITO.ORG COMMENTS:  The former CEO of Nissan and Mitsubishi motors (but remaining as CEO at Renault), Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime.

This event has been well-reported elsewhere, so let’s focus on the JBC issues: Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru.

Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. (See my book Embedded Racism, Ch. 6.)

Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s Debito.org’s view that this is a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner.

But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

(Source on “statute of limitations does not apply:” “Japan’s Companies Act has a statute of limitations of seven years. Prosecutors argue this does not apply due to the amount of time Ghosn has spent outside the country.”
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-rearrested-for-alleged-aggravated-breach-of-trust
Other irregularities noted in the JT by Glen Fukushima: https://www.japantimes.co.jp/opinion/2018/12/20/commentary/japan-commentary/seven-questions-ghosn-nissan/)

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Well, the news is now Ghosn’s case has been picked over by the media (the charges are being called “thin soup” below).  And Ghosn’s high-profile status has enabled him to get a high-profile interview with the Nikkei newspaper below (for fifteen minutes, with a five-minute extension).  Few if any other people incarcerated in this system have this much ability to draw attention and make their case to the public.

Moreover, since Ghosn’s Japanese language abilities are probably not at the level of the language in his interview, it’s reasonable to assume  the interview was in English.  In my direct experience in dealing with other incarcerated foreigners, if they talk with anyone they must do it with a guard present, and they must speak in Japanese at all times so the guard can understand what’s being said.  Ghosn’s ability to get around that rule seems to be another trapping of his privilege.

That’s a bit annoying.  But if it eventually shines light on an abuse of the Japanese judicial system in specific (i.e., uneven enforcement of the law), and shames Japan into reforming its “hostage justice” interrogation system in general, then some good may come of it.

In the end, the Ghosn Case, on top of the the Woodford Case, remain excellent reasons why foreigners shouldn’t hope to become executives in Japanese companies.  One boardroom coup later by the nativists, you could be in jail for being CEO while foreign. Debito Arudou, Ph.D.

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NISSAN’S GHOSN CRISIS
Exclusive interview: Ghosn says ‘plot and treason’ led to arrest
Ex-Nissan chief claims rivals wanted to ‘get rid’ of him
Nikkei Asian Review, Nikkei staff writers, January 30, 2019
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Exclusive-interview-Ghosn-says-plot-and-treason-led-to-arrest

In his first interview since being detained on Nov.19, ousted Nissan Chairman Carlos Ghosn claimed that certain people had “distorted reality” for the purpose of “getting rid of him.”

TOKYO — Former Nissan Motor Chairman Carlos Ghosn told Nikkei in an exclusive interview Wednesday that he had “no doubt” that the charges against him were the result of “plot and treason” by Nissan executives opposed to his plan for deeper integration between Renault and its two Japanese alliance partners.

Speaking on the 10th floor of the Tokyo Detention House, dressed in a black fleece jacket and gray sweatpants, Ghosn acknowledged that “there was a plan to integrate” Renault, Nissan and Mitsubishi Motors. The plans had been discussed with Nissan President Hiroto Saikawa in September, he added.

In his first interview since being detained on Nov. 19, Ghosn claimed that he had wanted to include Mitsubishi Motors CEO Osamu Masuko in the talks, but “Saikawa wanted it one-on-one.”

Once the three automakers were more closely integrated, Ghosn wanted to ensure there would be “autonomy under one holding company,” he said, adding that this plan was in line with how he had operated the alliance in past years.

Allies of Ghosn’s have argued that some Nissan executives feared a further concentration of power under his leadership, prompting them to cooperate with Tokyo prosecutors.

Nikkei had been requesting a one-on-one interview with Ghosn since his arrest last year. The approval was granted this week.

Ghosn was allowed by the Tokyo District Court to speak with Nikkei. Media interviews with prominent business leaders in detention are extremely rare in Japan.

“We don’t have much time. Let’s get started,” Ghosn said at the beginning of the interview from behind the acrylic glass partition. As the end of the allotted 15 minutes approached, he asked the officer for “a little more” time, and was granted a five-minute extension.

The Brazilian-born tycoon has dismissed accusations that his 19-year reign at Nissan was a “dictatorship,” saying this was a narrative created by rivals who wanted to remove him. “People translated strong leadership to dictator, to distort reality” for the “purpose of getting rid of me,” he added.

Ghosn has been held without bail for more than 70 days since Tokyo prosecutors arrested him on allegations of financial misconduct.

He was charged with underreporting his salary over several years, and aggravated breach of trust for allegedly transferring to Nissan personal trading losses from foreign exchange contracts.

The breach-of-trust charges center on $14.7 million in payments to a company run by Saudi businessman Khaled al-Juffali.

He denied the accusations and claimed “the executive in charge of the region signed [the approval].”

The payment was made from Ghosn’s “CEO reserve,” a pot of money that he was free to decide how to spend. He said the “CEO reserve is not a black box” and “four officers signed” for the payment to al-Juffali.

Ghosn is also accused of receiving 7.82 million euros ($8.9 million) in improper payments through Nissan-Mitsubishi B.V., a Netherlands-based joint venture between the two Japanese companies. He said the venture was established for “synergy and not for payment,” adding that the claims of improper payments were a “distortion of reality.”

Ghosn said his purchase of luxury properties in Rio de Janeiro and Beirut — which Nissan alleges were paid for improperly through a subsidiary — were approved by the legal department. Pointing to a former loyalist and long-time executive in the legal department, Ghosn said: “Hari Nada has done all this.”

He justified the houses on the grounds that he “needed a safe place where [he] can work and receive people in both Brazil and Lebanon.”

“[Have I] done [something] inappropriate? I am not a lawyer, I don’t know the interpretation of [such] facts,” Ghosn said, showing his frustration over Nissan’s internal investigation.

“These are known by everybody, why didn’t they tell me?”

Ghosn, whose second bail request was rejected Jan. 22, insisted that he was not a flight risk and he would not destroy evidence.

“I won’t flee, I will defend [myself],” he added. “All the evidence is with Nissan, and Nissan forbids all employees to talk to me.”

When asked about life in the detention center, Ghosn said “there is up and down.” As for his health, he simply said he was “doing fine.”

After his arrest, Ghosn appeared to have envisioned attending a Renault board meeting in Paris, explaining his position, and holding a news conference. But his prolonged detention in a Tokyo jail frustrated those plans.

Nissan dismissed Ghosn from his position as chairman in November. An extraordinary general meeting of shareholders scheduled in mid-April is expected to remove Ghosn as a director.

Ghosn resigned as chairman and CEO of Renault, and former Michelin chief Jean-Dominique Senard was appointed as the chairman.

The three members of the alliance are expected to revisit how it is operated in the absence of Ghosn’s leadership. “I cannot speculate about the future of the alliance,” Ghosn said.

The French government, Renault’s largest shareholder, has previously requested Ghosn make the relationship between the two automakers “irreversible.”

Following Ghosn’s arrest, France also informed Tokyo of an intention to press ahead with integration. Saikawa, in contrast, has insisted there is “no need for now to discuss [it].”

Interviewed by Nikkei commentator Atsushi Nakayama and Nikkei staff writers Akito Tanaka and Yosuke Kurabe.

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

OPINION
Ghosn charges are thin soup — case for ex-Nissan boss
Prosecutors fail to make a strong case against car maker’s former chief
By Stephen Givens, Nikkei Asian Review, January 29, 2019
https://asia.nikkei.com/Opinion/Ghosn-charges-are-thin-soup-case-for-ex-Nissan-boss

Two months after his arrest at Haneda Airport and confinement at Kosuge detention center, we now have a good picture of the criminal case against Carlos Ghosn-and it looks like pretty thin soup.

As reported in the media, the evidence shows not criminal malfeasance, but at most lapses in judgment and corporate protocol that ultimately did not result in any actual harm to Nissan Motor or its shareholders or personal enrichment of Ghosn.

The criminal case turns on a series of technical and subjective judgments about whether the words of the relevant statutes and regulations apply to the transactions in question.

By any objective measure, the misconduct alleged was less serious than the corporate misfeasance that is routinely overlooked in Japan or handled by noncriminal administrative wrist-slapping.

The first, and for many weeks the only, criminal charge brought against Ghosn was that Nissan’s periodic securities filings disclosed just the currently payable portion of his compensation. They failed to report the portion deferred until after his retirement.

Ghosn’s motive for not wanting to report his full compensation currently-that it was embarrassingly large in relation to that of other Japanese CEOs and Ghosn’s Nissan colleagues — does not constitute serious criminal intent.

Further, the evidence indicates that Ghosn tried in good faith to structure the deferred compensation in a way that would permit him legally not to report it currently under the rules, which require current reporting of director-level compensation only to the extent the right to receive it has become “clear.”

Though the documentation has not been made public, it appears that it was structured as some kind of post-retirement consulting arrangement that would, at a minimum, require Ghosn to provide Nissan with services after retirement to collect the compensation.

It is hard to imagine that Nissan would have failed to report Ghosn’s deferred compensation over many years without professional legal advice that it did not need to be currently reported because Ghosn’s right to receive it was conditional.

It is equally hard to understand why Nissan’s Japanese management, having condoned the deferred compensation arrangement and its nonreporting for years, is now using it as the lead card in the criminal case.

Beyond this, criminal liability under the Financial Instruments and Exchange Act for false disclosure is explicitly predicated on the requirement that it be “material”- that is, it would have a significant impact on an investor’s decision to sell or buy Nissan shares.

For investors, the amount of Ghosn’s unreported deferred compensation, about $10 million per year, is clearly very small compared to Nissan’s $90 billion in annual revenues.

Meanwhile, Japan’s weak securities disclosure standards permit Nissan not to reveal information that would be much more relevant to investors, such as the terms of the “alliance” contracts between Renault, Nissan’s major shareholder, and Nissan.

It does not inspire confidence in Japan’s justice system that Ghosn’s guilt or innocence on the this charge will hinge on semantic distinctions over the meanings of “clear” and “material.”

The second criminal charge against Ghosn is for two, related claims of “aggravated breach of trust” under the Companies Act. This vaguely-worded statute imposes criminal liability on directors of a company who for personal gain “commit an act in breach of such person’s duties and causes financial damages” to the company. Typically this statute is applied to cases of embezzlement-executives taking company assets.

The first prong of the breach of trust charge has been loosely characterized in the press as “the shifting of Ghosn’s personal foreign exchange losses to Nissan” but details of the transactions disclosed by Ghosn’s lawyers show it to be less pernicious than advertised.

Ghosn entered into a foreign exchange hedging transaction with Shinsei Bank to protect his yen-denominated Nissan compensation against the risk of depreciation. Like many others he failed to anticipate the financial crisis of 2008, which sent the yen soaring and reduced the value of the Nissan securities he had offered Shinsei Bank as collateral.

Shinsei Bank asked Ghosn for additional security. Ghosn considered offering the value of his uncashed Nissan retirement allowance-but doing so would have required him actually to leave Nissan at a time he was a vital part of the management. Instead, he asked Nissan to guarantee his downside risk on the hedge, but pledged to fully cover the liability.

Critically, Ghosn’s request for help with his unexpected difficulty received formal approval by the Nissan board. Admittedly the Securities Exchange Surveillance Commission (SESC), deemed the transaction improper a few months later and ordered Nissan to get rid of the hedging contract.

So, Nissan carried a contingent liability — fully guaranteed by Ghosn — as an accommodation to its CEO for approximately four months. Nissan suffered no actual loss and was never at risk because it was fully covered by Ghosn’s retirement allowance. The transaction was not concealed; it was approved by the Nissan board and reported to the SESC, which saw no reason to request a criminal probe a decade ago.

So, you may ask, where is the crime? According to news reports, it turns out the prosecutors are not satisfied with the drafting of the board resolution. They are quibbling that the board resolution did not mention Ghosn by name and only referred generically to “foreign board members” as beneficiaries of the transaction. Moreover, the prosecutors are claiming the resolution was not specific on how Nissan was to be protected with 100% certainty against possible loss. Ghosn’s criminal liability turns almost entirely on the wording of a board resolution that Ghosn himself surely did not draft.

The second prong of the breach of trust charge relates to the subsequent transfer, in compliance with the SESC’s order, of the Shinsei Bank contract from Nissan to companies controlled by Saudi national Khaled Juffali. Nissan affiliates in the Middle East paid Juffali’s companies $14.7 million over four years for variety of “support activities” in the region. The prosecutors claim that Nissan’s money was paid for Juffali’s guarantee of Ghosn’s personal contingent liability.

It seems unrealistic, however, that anyone would pay $14.7 million of Nissan money for a guarantee of a contingent liability worth at most $16.7 million-a huge overpayment.

This strongly suggests that Juffali’s companies were being paid for doing more than simply backing Ghosn’s Shinsei liability. The more commercially-likely scenario is more innocuous, one in which Ghosn asked a friendly business counterparty to assume an essentially riskless contingent liability as a favor in the context of a long-term business relationship. This represents the kind of mutual exchange between companies with long-term relationships practiced daily by the Japanese corporate establishment.

No question, a more scrupulous and careful executive would have avoided pushing the gray boundaries of the law. But nothing we know that Ghosn allegedly did smells like a serious crime deserving prison. That he remains in confinement while the prosecutors argue semantics to deprive him of his freedom places Japan’s criminal justice system in an awkward light.

Stephen Givens is a corporate lawyer based in Tokyo.

ENDS

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Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

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Hi Blog.  A couple of days ago I commented on an article in the Japan Times by a former Ministry of Foreign Affairs diplomat and TV pundit Miyake Kunihiko (or “Kuni”, for gaijin ingratiation) who has a weekly JT space for his musings.  A pedigreed elite trained in international “Gaijin Handling”, Miyake clumsily talks about Japan’s race relations and multiethnic future by critiquing tennis champ Osaka Naomi’s “Japaneseness”.

My JT comment helped draw readers to the article, and I’ve just written my first feature piece for the Shingetsu News Agency (the only independent English-language media left in Japan not toeing a Japanese government line) about what Miyake’s article indicates in terms of the decline in the JT’s analytical abilities, as it swings rightward to knuckle under to revisionist pressure on Japanese media and curry favor with Japan’s elites.  It also cites other research from Reuters and the Asia-Pacific Journal (Japan Focus).  Here’s an excerpt:

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The Japan Times Becomes Servant to the Elite
By Debito Arudou

Shingetsu News Agency, February 2, 2019
SNA (Honolulu) — On January 28, the Japan Times published an opinion piece titled, “How Japanese is Naomi Osaka?” Author Kunihiko Miyake “felt something odd” about how the multiethnic tennis champ could ever “represent Japan.” Miyake’s article is indicative of how the quality of analysis has slipped under the Japan Times’ new ownership, and suggests how the purposes of the organization have changed…

[Miyake’s] half-baked column is indicative of something much larger—a decline in analytical prowess due to the editorial changes at the Japan Times in recent years.

The Japan Times came under new ownership in June 2017 by the media group News2u Holdings, a PR company. In an unexpected editorial shift, last November the Japan Times announced that it would henceforth be rewording the “potentially misleading” (and internationally-recognized) terms “Comfort Women”—which is already a direct translation of the official euphemism of ianfu—as “women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers.” Likewise, the term “forced laborers” would now be rendered merely as “wartime laborers,” following the new government policy.

Aside from journalistic concerns about cramming a wordy term into concise articles, it wasn’t hard for media observers to understand this as a response to government pressure, already manifest in Japanese media and world history textbooks, to portray Japan’s past in a more exculpatory light…

Rest at http://shingetsunewsagency.com/2019/02/02/the-japan-times-becomes-servant-to-the-elite/

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As Michael Penn at SNA notes, “I’m pleased to note that Debito Arudou has contributed his first article to the Shingetsu News Agency. Aside from being a strong article, it’s another step toward getting a wider range of writers taking advantage of our progressive news media platform.”  Other writers and investigators, please feel free to pitch something to SNA as well.  Debito Arudou Ph.D.

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

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Japan Times JBC 114 DIRECTOR’S CUT of “Top Ten for 2018” column, with links to sources

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Hi Blog.  Now that the clicks have died down on my latest Japan Times JBC column of January 28, 2019 (thanks for putting it in the Top Ten trending articles once again), what follows is the first final draft I submitted to the Japan Times for editing on December 29, 2018.  I blog this version because a lot of information is lost (inevitably) as we cut the word count from 2800 to 1600 words. (I generally put everything in the first final draft, then cut it down to fit the page; that way we don’t overlook anything and have to backtrack.)

People have been asking what got cut (and yes, the original version mentions Michael Woodford and Jeff Kingston), so the piece below is quite a bit different from what appeared in the Japan Times here (meaning it shouldn’t draw away any readers from the JT version; in fact, it will probably spur more views from readers wanting to compare). Also, having links to sources matter, so here it all is, including my regular acerbic tone.  Dr. Debito Arudou

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A TOP TEN FOR 2018
By Debito Arudou, Japan Times Just Be Cause Column 114
To be published January 3, 2019
DRAFT SIX: VERSION WITH LINKS TO SOURCES INCLUDED

Welcome to JBC’s annual countdown of human rights events as they affected non-Japanese (NJ) residents of Japan. Ranked in ascending order, these issues are bellwethers for how NJ in Japan may be treated in 2019 and beyond:

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

10) Fourth-Generation Japanese Brazilians snub new visa program

Last March, the Justice Ministry announced a new diaspora visa regime to attract back children of Brazilian-Japanese who had previously worked in Japan. The latter had been brought in from 1990 under a former preferential “Returnee Visa” regime, which essentially granted a form of permanent residency to NJ with Japanese bloodlines.

The Returnee program was so successful that by 2007, Brazilians had swelled to more than 300,000 residents, the third-largest NJ minority in Japan. Unfortunately, there was a big economic downturn in 2008. As Returnees lost their jobs, the government declined to assist them, even bribing them to “go home” (JBC Apr 7, 2009) and forfeit their visa, unemployment insurance, pensions, and other investments in Japan over a generation. They left in droves.

Fast forward ten years, and an unabashed government (facing a labor shortage exacerbated by the 2020 Olympics) now offers this reboot: Fourth-gen Nikkei, with sufficient Japanese language abilities, plus a secure job offer and family support already in Japan, can stay up to five years.

They expected a quota of 4000 workers would soon be filled. Except for one problem: This time they stayed away in droves. By the end of October, three months into the program, the Nikkei Shimbun reported there were exactly zero applicants.

So much for bloodlines. The word is out and the jig is up.

Sources: https://www.japantimes.co.jp/news/2018/03/30/national/preferential-visa-system-extended-foreign-fourth-generation-japanese/
Nikkei: http://www.debito.org/?p=15191
JBC Apr 7 2009 http://www.debito.org/?p=2930

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

9) Naomi Osaka’s victory at US Open Tennis.

Speaking of bloodlines, JBC wrote about American-Haitian-Japanese Naomi Osaka’s win last year (“Warning to Naomi Osaka: Playing for Japan can seriously shorten your career,” Sep. 19) as a cautionary tale for anyone representing this country as an international athlete. However, as far as the Top Ten goes, her victory matters because it inspires discussion on a fundamental question: “What is a Japanese?”

Japanese society relentlessly polices a narrative of purity of identity. That means that some Japanese citizens, despite spending their lives in Japan, often get shunted to the “half” category if they don’t “look Japanese,” or relegated to “returnee children” status because their dispositions don’t “fit in” with the putative norm due to living overseas. Uniformity is a virtue and a requirement for equal treatment here. The “nail sticking up” and all that, you know.

Yet what happens to Japanese citizens who spend most of their life overseas, even take foreign citizenships, and publicly grumble about how they wouldn’t have been successful if they’d remained in Japan (as some Nobel laureates with Japanese roots have)? They’d get hammered down, right?

Not if they win big internationally. Suddenly, they’re “Japanese” with few or any asterisks. It’s a common phenomenon in racialized societies: “They’ll claim us if we’re famous.”

Naomi Osaka won big. May she continue to do so. But let’s see if she can follow in the footsteps of other diverse Japanese chosen to represent Japan, such as former Miss Japan beauty queens Ariana Miyamoto and Priyanka Yoshikawa (who as “halfs” also spoke out against racial discrimination in Japan; alas, their impact was minimized because they didn’t win big internationally).

In any case, the more successful diverse Japanese who can highlight the fallacies of Japan’s pure-blood narrative, the better.

Sources: http://www.debito.org/?p=15160
http://www.debito.org/?p=15156
http://www.debito.org/?p=15145

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

8) Zainichi Korean wins hate speech lawsuit on grounds of “racial discrimination”.

The wheels of justice turn slowly in Japan, but sometimes in the right direction. Ms. Lee Sin Hae, a “Zainichi Special Permanent Resident” generational foreigner, was frequently defamed in public hate rallies by Zaitokukai, an anti-Korean hate group. She sued them in 2014 for hate speech, racial discrimination, and gender discrimination. She won in the District Court in 2016, the High Court in 2017, and shortly afterwards in the Supreme Court when they declined to review the case.

Ms. Lee’s case stands as yet another example of how Japan’s new hate speech laws have legally-actionable consequences. Others similarly defamed can now cite Lee’s precedent and (mildly) punish offenders. It’s also another case of discrimination against Japan’s minorities being classified as “racial,” not “ethnic” etc.

This matters because Japan is the only major developed country without a national law criminalizing racial discrimination. And it has officially argued to the United Nations that racism doesn’t happen enough here to justify having one. Lee’s case defies that lie.

Sources: http://www.debito.org/?p=14973 “Officially argued”: http://www.debito.org/japanvsun.html (For context, do a word search for the following paragraph: “We do not recognize that the present situation of Japan is one in which discriminative acts cannot be effectively restrained by the existing legal system and in which explicit racial discriminative acts, which cannot be restrained by measures other than legislation, are conducted. Therefore, penalization of these acts is not considered necessary.”)

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

7) Setagaya-ku passes Anti-Discrimination Ordinance specifically against racial discrimination etc.

On that note, movements at the local level against racial discrimination are afoot. Tokyo’s Setagaya Ward, one of Japan’s first municipalities to recognize same-sex marriages, passed an ordinance last March that will protect (after a fashion) racial, ethnic, and sexual minorities from discrimination and hate speech.

I say “after a fashion” because it, as usual, has no punishments for offenders. The best it can do is investigate claims from aggrieved residents, inform the mayor, and offer official evidence for future lawsuits.

But it’s a positive step because 1) we’ve had city governments (such as Tsukuba in 2010, home of a major international university) go in exactly the opposite direction, passing alarmist resolutions against suffrage for NJ permanent residents; and 2) we had a prefectural government (Tottori) pass an anti-discrimination ordinance in 2005, only to have it unpass it mere weeks later due to bigoted backlash.

That didn’t happen this time in Setagaya-ku. The ordinance stands. Baby steps in the right direction.

Sources: http://www.kanaloco.jp/article/314740
http://www.city.setagaya.lg.jp/static/oshirase20170920/pdf/p02.pdf
http://www.city.setagaya.lg.jp/kurashi/101/167/321/d00158583_d/fil/tekisuto2.txt
http://www.debito.org/?p=14902
Tottori: http://www.debito.org/japantimes050206.html
Tsukuba: http://www.debito.org/?p=8459

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

6) Immigration Bureau to be upgraded into Immigration Agency.

Last August, the government said that to deal with the record influx of foreign tourists and workers (more below), more manpower would be needed to administrate them. So as of April this year, the Nyukyoku Kanri Kyoku (“Country-Entrant Management Bureau”) is scheduled to become the Nyukoku Zairyu Kanri Cho (“Country-Entering Residency Management Agency”), with an extra 500 staff and an expanded budget.

Critics may (rightly) deride this move as merely a measure to tighten control over NJ, as the “Immigration Bureau” was a mistranslation in the first place. Japan has no official “immigration” policy to help newcomers become permanent residents or citizens, and the Bureau’s main role, as an extension of Japan’s law enforcement, has been to police NJ, not assist them. (After all, according to the Justice Ministry, 125 NJ workers have died under work-related conditions since 2010; where was the Bureau to prevent this?)

However, the fact remains that if Japan will ever get serious about its looming demographic disaster (where an aging society with record-low birthrates is shrinking its taxpaying workforce to the point of insolvency), it has to deal with the issue of importing workers to fill perpetual labor shortages. It has to come up with an immigration policy to make foreigners into permanent residents and citizens.

The only way that will happen is if the government establishes an organization to do so. An upgrade from a Bureau to an Agency is one step away from becoming an actual Ministry, separate from the mere policing mandate of the Justice Ministry.

Sources: https://www.japantimes.co.jp/news/2018/08/28/national/politics-diplomacy/japan-set-immigration-agency-cope-influx-blue-collar-ranks-abroad-new-status/
http://www.debito.org/?p=15129
Agency name change: https://www.sankei.com/politics/news/180828/plt1808280006-n1.html
125 NJ workers died: https://www.japantimes.co.jp/news/2018/12/13/national/justice-ministry-reveals-174-foreign-technical-interns-japan-died-2010-2017/

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

5) Govt. to further centralize surveillance system of NJ.

Now, to acknowledge the naysayers, last year the government gave more power to the Justice Ministry to track NJ, in an effort to stop “visa overstayers” and keep an eye on tourists and temporary workers. This is on top of the other measures this decade, including the remotely-readable RFID-chipped Gaijin Card in 2012, proposing using NJ fingerprinting as currency in 2016 (in order to “enable the government to analyze the spending habits and patterns of foreign tourists;” yeah, sure), and facial recognition devices specifically targeting “foreigners” at the border from 2014.

This is the negative side of inviting NJ to visit as tourists or stay awhile as workers: Japan’s police forces get antsy about a perceived lack of control, and get increased budgets to curtail civil liberties.

Sources: https://www.japantimes.co.jp/news/2018/06/18/national/counter-illegal-overstayers-government-plans-system-centrally-manage-information-foreign-residents/
RFID: http://www.debito.org/?p=10750
Fingerprinting: http://www.debito.org/?p=13926
Facial recognition: http://www.debito.org/?p=12306 and http://www.debito.org/?p=14539

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

On the positive side, however:

4) Tourism to Japan reaches record 30 million in 2018.

Admittedly, when the government launched its “Visit Japan” campaign in 2010, and cheerily projected a huge expansion of NJ tourism from single-digit millions to double- a decade ago, JBC was skeptical. Government surveys in 2008 indicated that 70% of hotels that had never had NJ guests didn’t want them anyway. And of the 400+ “Japanese Only” places I surveyed for my doctoral fieldwork, the vast majority were hotels—some even encouraged by government organs to refuse NJ entry (JBC, “Japan’s hostile hosteling industry,” Jul 6, 2010)!

Times change, and now NJ tourism (mostly from Asia, chiefly China, South Korea, and Taiwan) has become a major economic driver. Local and national business sectors once pessimistic about the future are flush with cash. And by the 2020 Olympics, the tourist influx is projected to skyrocket to 40 million.

Naturally, this much flux has occasioned grumbling and ill-considered quick-fixes. We’ve had media gripes about Chinese spending and littering habits, a “Chinese Only” hotel in Sapporo, separate “foreigner” taxi stands at JR Kyoto Station (enforced by busybodies disregarding NJ language abilities), and even a “Japanese Only” tourist information booth in JR Beppu Station.

The worst fallout, however, is the new “Minpaku Law” passed last June. It adds bureaucratic layers to Airbnb home-sharing, and shores up the already stretched-thin hotel industry’s power over accommodation alternatives.

The government also resorted to coded xenophobia to promote the law. Citing “security” and “noise concerns,” Tokyo’s Chuo Ward indicated that letting “strangers” into apartments could be “unsafe.” Shibuya Ward only permitted Minpaku during school holidays, so “children won’t meet strangers” on the way to school. Not to be outdone, NHK Radio implied that ISIS terrorists might use home lodging as a base for terrorist attacks.

It’s one thing to be ungrateful for all the tourist money. It’s quite another to treat visitors as a threat after inviting them over. If not handled properly, the influx from the 2020 Olympics has the potential to empower Japan’s knee-jerk xenophobes even further.

Sources: https://www.japantimes.co.jp/news/2018/12/18/national/japan-marks-new-record-foreign-visitors-top-30-million-2018/
2008 hotel survey: http://www.debito.org/?p=12306
“Visit Japan” and “new economic driver” stats: https://www.japantimes.co.jp/news/2014/08/25/reference/tourism-emerges-new-economic-driver-japan/
Exclusionary hotels encouraged by govt. organs: http://www.debito.org/?p=1941 and JBC http://www.debito.org/?p=7145
Tourism Stats: https://www.tourism.jp/en/tourism-database/stats/inbound/#annual
Grumbling about tourist manners: http://www.debito.org/?s=Chinese+tourist and http://www.debito.org/?p=2301
Chinese Only hotel: http://www.debito.org/?p=6864
Beppu: http://www.debito.org/?p=14954
Minpaku xenophobia and ISIS: http://www.debito.org/?p=15051

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

3) Japan Times changes wording on controversial historical terms and topics.

Previously, JBC (July 6, 2015) noted how the Fuji-Sankei acquisition of news outlet Japan Today had shifted the English-language media landscape rightward politically, with articles becoming more assiduous in pointing out NJ misbehavior, yet muted in their criticism of Japan.

This was after the English-language arms of Japan’s major newspapers, including the Daily Yomiuri (now The Japan News), the Daily Mainichi, and the Asahi Evening News, had relegated their foreign staff away from investigative journalism into mere translation duties. Not to mention the chair of NHK, Katsuto Momii, stated publicly in 2016 that his TV network would not report on contentious subjects until the government has “an official stance” (effectively making NHK a government mouthpiece).

These “contentious subjects” included portrayals of historical events, like NJ forced into labor for wartime Japanese companies, and “Comfort Women” forced sexual services under Japanese military occupation.

Back then, JBC concluded that the JT is “the only sustainable venue left with investigative NJ journalists, NJ editors and independently-thinking Japanese writers, bravely critiquing current government policy without fretting about patriotism or positively promoting Japan’s image abroad.”

But last November, the JT, under new ownership since 2017, came out with a new editorial stance.

Stating that “Comfort Women” (already a direct translation of the official euphemism of ianfu) was potentially misleading, because their experiences “in different areas throughout the course of the war varied widely,” the JT would henceforth “refer to ‘comfort women’ as ‘women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers’”. Likewise with the term “forced laborers,” which would now be rendered as “wartime laborers” because of varying recruiting patterns.

Aside from journalistic concerns about rendering these wordy terms in concise articles, it wasn’t hard for media pundits to portray this as a response to government pressure, already seen on Japanese media and overseas world history textbooks, to portray Japan’s past in a more exculpatory light. And with at least one government-critical columnist (Jeff Kingston) no longer writing for us, JBC now wonders if the JT remains the last one standing.

Sources: Govt. pressure on Japanese media: https://foreignpolicy.com/2016/05/27/the-silencing-of-japans-free-press-shinzo-abe-media/ and plenty more.
Govt. pressure on overseas history textbooks: http://www.debito.org/?s=history+textbook

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

2) Carlos Ghosn’s arrest.

The former CEO of Nissan and Mitsubishi motors (but remaining as CEO at Renault), Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime.

This event has been well-reported elsewhere, so let’s focus on the JBC issues: Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru.

Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. (See my book Embedded Racism, Ch. 6.)

Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s JBC’s view that this is a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner.

But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99.9% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

Sources: Kelly health concerns: https://www.japantimes.co.jp/news/2018/12/26/business/corporate-business/greg-kelly-close-aide-carlos-ghosn-denies-allegations-release-bail/
Kobe Steel Reuters: https://www.reuters.com/article/us-kobe-steel-scandal-ceo/kobe-steel-admits-data-fraud-went-on-nearly-five-decades-ceo-to-quit-idUSKBN1GH2SM
Ghosn planned to replace CEO Saikawa https://www.wsj.com/articles/carlos-ghosn-planned-to-replace-nissan-ceo-before-his-arrest-1544348502
Olympus and Takata other issues https://www.bloomberg.com/opinion/articles/2018-12-06/carlos-ghosn-s-arrest-and-the-backlash-to-japan-nissan
Statute of limitations does not apply. “Japan’s Companies Act has a statute of limitations of seven years. Prosecutors argue this does not apply due to the amount of time Ghosn has spent outside the country.”
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-rearrested-for-alleged-aggravated-breach-of-trust
Woodford Olympus: http://www.debito.org/?p=9576
World waking up: https://www.standard.co.uk/business/jim-armitage-carlos-ghosn-treatment-shines-harsh-light-on-justice-in-japan-a3998291.html
JFBA: https://www.nichibenren.or.jp/library/en/document/data/daiyo_kangoku.pdf
Tantamount to torture: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwjW_7Pcp8XfAhV1GDQIHcSIDTEQFjAAegQICRAC&url=http%3A%2F%2Fdocstore.ohchr.org%2FSelfServices%2FFilesHandler.ashx%3Fenc%3D6QkG1d%252FPPRiCAqhKb7yhsmoIqL9rS46HZROnmdQS5bNEx%252FmMJfuTuMXK%252BwvAEjf9L%252FVjLz4qKQaJzXzwO5L9HgK1Q6dtH8fP8MDfu52LvR5McDW%252FSsgyo8lMOU8RgptX&usg=AOvVaw22H5dQMWcKYHizy8NNIuqY
Other irregularities noted in the JT by Glen Fukushima: https://www.japantimes.co.jp/opinion/2018/12/20/commentary/japan-commentary/seven-questions-ghosn-nissan/

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

1) New immigration visa regime to expand nonskilled labor in Japan.

The event with the largest potential for impact on NJ residents in Japan would have to be the government’s passing of a new visa regime to officially allow unskilled workers (a departure from decades of policy) to make up for labor shortfalls in targeted industries, including nursing, food service, construction and maintenance, agriculture, and hotels.

It would allow people to stay for longer (up to five years), and even beyond that, if they qualify with secure job offers and language abilities, to the point of permanent residency. In theory, at least.

Disclaimers have been typical: Officials have denied that this is an “immigration policy,” sluicing off concerns that Japan will be overrun and undermined by hordes of NJ.

But this new visa regime matters because the government is clearly taking the inevitable measures to shore up its labor force against the abovementioned demographic crisis. To the tune of about 345,000 new workers. It’s an official step towards what we are seeing already in certain industries (like convenience stores in big cities), where NJ workers are no longer unusual.

Yes, the government may at any time decide to do a housecleaning by revoking these visas whenever NJ might reach a critical mass (as happened many times in the past). And it also has insufficiently addressed longstanding and widespread labor abuses in its Technical Trainee and Interns market. But the fact remains that bringing in proportionally more NJ, as the Japanese population shrinks, will make them less anomalous.

One way that minorities make themselves less threatening to a society is by normalizing themselves. Making people see NJ as co-workers, indispensable helpers, neighbors, maybe even friends. The cynical side of JBC thinks this is unlikely to happen. But it’s not going to happen without numbers, and that’s what this new visa regime is encouraging.

As evidence of change, the rigorous Pew Research Center last year surveyed several countries between about their attitudes towards international migration. One question, “In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now?” had positive responses from Japan that were the highest of any country surveyed—81% saying “more” or “the same.”

I was incredulous, especially since the word “immigration” (imin) has been a taboo term in Japan’s policy circles (JBC Nov 3, 2009). So I contacted Pew directly to ask how the question was rendered in Japanese. Sure enough, the question included “imin no suu” (immigration numbers).

This is something I had never seen before. And as such, changing policies as well as changing attitudes may result in sea changes towards NJ residents within our lifetimes.

Sources: https://www.japantimes.co.jp/news/2018/11/02/national/major-policy-shift-japan-oks-bill-let-foreign-manual-workers-stay-permanently/
345,000: https://www.japantimes.co.jp/news/2018/11/14/national/politics-diplomacy/345000-foreign-workers-predicted-come-japan-new-visas-government/
Pew: http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372 and https://www.axios.com/newsletters/axios-am-aca76f69-2982-4b0e-a36c-512c21841dc2.html?chunk=4&utm_term=emshare#story4
JBC Nov 3: http://www.debito.org/?p=4944
See also forwarded email from Pew below.

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

Bubbling under: Registered Foreign Residents reach new postwar record of 2.5 million. Alarmist government probe into “foreigner fraud” of Japan’s Health Insurance system reveals no wrongdoing (https://www.japantimes.co.jp/news/2018/09/12/national/probe-abuse-health-insurance-foreigners-japan-stirs-claims-prejudice/). Fake rumors about NJ criminal behavior during Osaka quake officially dispelled by government (https://www.japantimes.co.jp/news/2018/06/19/national/different-disaster-story-osaka-quake-prompts-online-hate-speech-targeting-foreigners/).
Former British Ambassador and Japan Times columnist Sir Hugh Cortazzi dies.
https://www.japantimes.co.jp/opinion/2018/08/23/commentary/japan-commentary/bidding-sir-hugh-cortazzi-farewell/

ENDS

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

Source on Pew Question in original Japanese. Forwarding email exchange from Pew Research Center itself:

Begin forwarded message:

From: Pew Research Center <info@pewresearch.org>
Subject: RE: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: ” Debito A”

Hi Debito,

Thank you for reaching out. The original Japanese text is below:

Q52 In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? Q52 日本に受け入れる移民の数を増やすべき、移民の数を減らすべき、または現状を維持すべき、のどれだと思われますか?

1 More 1.増やすべき
2 Fewer 2.減らすべき
3 About the same 3.現状を維持すべき
4 No immigrants at all (DO NOT READ) 4. 移民はまったくいない(読み上げない)
8 Don’t know (DO NOT READ) 8.わからない(読み上げない)
9 Refused (DO NOT READ) 9. 回答拒否(読み上げない)

Please let us know if you have any questions.

Best, [HT], Pew Research Center

ENDS

=================================
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Pop Matters.com: Foreigners’ Rights in Japan: Interview with Activist and Writer Debito Arudou

mytest

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Hi Blog. A website called Pop Matters.com recently interviewed me regarding NJ rights and life in general in Japan. Have a look. Here’s an excerpt:

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

Q: A recent immigration issue in Japan is controversy over the new immigration law due to take effect in April, which will bring in 345,000 foreigners over five years to work in certain occupations such as construction, food service, and home-visit care for the elderly. What do you see as the pros and cons of the law?

Debito:  I’m going to take a wait-and-see attitude on it. The government of Prime Minister Abe, by introducing the new law, is acknowledging the fact that Japan needs to bring in foreign labor. There’s no other way to get around the current demographic crisis; the ageing population plus low birth rate means there aren’t enough people to pay the taxes and do the “dirty work” that most Japanese don’t want to do. But, as usual, it’s arranged so as not to allow these people to settle and invest in Japanese society. Over time, many entrants will surely gain a better understanding and appreciation of Japan, so they should be allowed to make a real contribution to Japanese society for their entire lives if they so choose.

Depriving them of that opportunity because they are essentially seen as temporary labor on revolving-door visas (if longer-term, this time) is basically the same mistake that has been made with the trainee / intern visa system Japan has had for more than two decades now. One wonders if Japan’s ruling elite is ever going to learn its lesson about giving quid pro quo to people who have made their investments into this society. If you stay here, learn the language, pay your taxes, and contribute to the workforce, sooner or later you should be allowed to stay permanently. But that’s not implicitly promised even in these new visas.

There has really never been a true “immigration policy”, one of making foreigners into Japanese, in Japan to this day. We don’t just need a temporary migrant labor policy. Bringing in more people in and of itself is not a viable solution to the demographic crisis. The solution is incentivizing them to stay and to become Japanese.

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

Entire interview at
https://www.popmatters.com/debito-arudou-interview-2625576904.html

Enjoy.  Debito

Surprising survey results from Pew Research Center: Japan supportive of “immigration”

mytest

Hello Blog. Some weeks ago Debito.org Reader FB sent along a link to an article which noted: “Spain and Japan were among the most open to the idea of increased immigration, with 28% and 23% of their respective populations supporting more immigration. Japan, known for its isolationist policies and historically low immigration numbers, is facing a dire economic threat — its population is getting older” (bold emphasis added). It cited a recent worldwide Pew Research Global Attitudes Survey of 27 countries on international migration of labor etc., which can be found as a pdf here and a report here.

I was incredulous. I’ve written before how Japan’s policymakers, even its demographic scientists, view the word “immigration” (imin) as a taboo term and topic of discussion. So I wondered if there had been some finagling of the question’s translation, as in, using the term gaikokujin (foreigner) instead of imin–because imin itself would be clumsy in construction as a disembodied term unlinked to people (i.e., there is as yet no popularized word iminsha for immigrant). Likewise, there is no official “immigration policy” (imin seisaku) in Japan either to convert newcomers into permanent residents and citizens.

So I wrote to Pew directly:

From: “Debito Arudou”
Subject: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: info@pewresearch.org


To Whom It May Concern,
I [have] a question about your recently-released Global Attitudes survey.
http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372
Regarding the Japanese response to Q52:

Q52. In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? 

 

Could you please send me the text of this question as rendered in the original Japanese? I can read Japanese text.
Thank you very much. Sincerely, Debito Arudou

I received the following answer:

From: Pew Research Center <info@pewresearch.org>
Subject: RE: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: “Debito Arudou”

Hi Debito,  Thank you for reaching out. The original Japanese text is below: 

[emphases added in boldface, highlighting imin no kazu, or immigration numbers]
Q52 In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? Q52 日本に受け入れる移民の数を増やすべき、移民の数を減らすべき、または現状を維持すべき、のどれだと思われますか?
1 More 1.増やすべき
2 Fewer 2.減らすべき
3 About the same 3.現状を維持すべき
4 No immigrants at all (DO NOT READ) 4. 移民はまったくいない(読み上げない)
8 Don’t know (DO NOT READ) 8.わからない(読み上げない)
9 Refused (DO NOT READ) 9. 回答拒否(読み上げない)

Please let us know if you have any questions. 

 Best, [HT], Pew Research Center   

COMMENT:

Well, if that’s the exact text Pew read over the phone to the Japanese respondents, I can’t doubt it. But I’ve never seen the word imin used in this context in Japan, moreover asked of more than a thousand respondents, as per the methodology of the Global Attitudes Survey:

Courtesy: http://www.pewresearch.org/methodology/international-survey-research/international-methodology/

More surprising were the responses from the Japanese surveyed:

Courtesy http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372

Just gawk at those numbers. Japan has the lowest “Few Immigrants/None” and the highest “About the same number of Immigrants/More” combined of all the countries surveyed!

Again, the diehard skeptic in me wants to poke holes in this survey, especially given the constant duplicity of the MOJ and the GOJ towards NJ in general, especially when it comes to surveying the general public. But this is Pew, and they are among the most rigorous of international surveyors we’ve got. Given that they used the term “immigration numbers” (not just the “temporary-foreign-labor-on-revolving-door-visas” connotation that a mere term like gaikokujin would have allowed), this is on the surface quite promising.

Next stage, an actual Immigration Ministry (Imin Shou), which I believe may also someday be in the cards. The Immigration Bureau is being upgraded to an actual Agency (Cho), one step below a Ministry, come April.

Thoughts? Dr. Debito Arudou

Books, eBooks, and more from Dr. Debito Arudou (click on icon): Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover UPDATES ON TWITTER: arudoudebito DEBITO.ORG PODCASTS on iTunes, subscribe free “LIKE” US on Facebook at http://www.facebook.com/debitoorg https://www.facebook.com/embeddedrcsmJapan http://www.facebook.com/handbookimmigrants https://www.facebook.com/JapaneseOnlyTheBook https://www.facebook.com/BookInAppropriate If you like what you read and discuss on Debito.org, please consider helping us stop hackers and defray maintenance costs with a little donation via my webhoster: Donate towards my web hosting bill! All donations go towards website costs only. Thanks for your support! Do you like what you read on Debito.org?  Want to help keep the archive active and support Debito.org’s activities?  Please consider donating a little something.  More details here. Or even click on an ad below.

Book “Embedded Racism in Japan”, acclaimed as “important, courageous and challenging” and “a must-read” by prominent academic journals, now discounted to $34.99 if bought through publisher directly, using promo code LEX30AUTH16

mytest

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Hi Blog. “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” has been receiving acclaim.   Prominent Japan Scholar Tessa Morris-Suzuki calls it “important, courageous and challenging“, the Pacific Affairs journal finds it “a timely and important contribution to social and scholarly debates about racial discrimination in Japan“, the Japan Studies Association of Canada says it is “an important contribution to geography, cultural and area studies“, and the Sociology and Ethnic Studies imprint of the American Sociological Association calls it “a brave critique of Japanese society and its failure to look outward in its demographic and economic development, … as it makes an important contribution for those wishing to understand racism in Japan better… The book would easily suit courses that address global conceptions of race and ethnicity and how these are changing in Japan at both the micro and macro levels because of globalization.”

Dr. Robert Aspinall in a review in Social Science Journal Japan concludes:

“There are important academic contributions to the study of racism in Japan in this book, but it is as a must-read text on the crisis facing the shrinking Japanese population and its leaders that it really leaves its mark. Embedded Racism is highly recommended reading to anyone—whether they self-identify as Japanese or foreign or both—who is interested in Japan’s future.” (read more)

“Embedded Racism” has been discounted 30% for a limited time to $34.99 in paperback and Kindle if bought through my publisher (Lexington Books/Rowman & Littlefield) directly.

Go to https://rowman.com/ISBN/9781498513906/Embedded-Racism-Japan’s-Visible-Minorities-and-Racial-Discrimination and use promo code LEX30AUTH16. (Japan residents have reported getting the book in about a week for $40 including quick shipping.)

More information and reviews on the book at http://www.debito.org/embeddedracism.html.

Download a book flyer and order form at http://www.debito.org/EmbeddedRacismPaperbackflyer.pdf

More than 130 of the world’s major research libraries (including Harvard, Princeton, Yale, Stanford, Cornell, Columbia…) have in its first year of publication made “Embedded Racism” part of their collections (according to WorldCat).  Add it to yours!

Thanks very much as always for reading! Dr. Debito Arudou

BBC: Fukuoka Hilton Hotel refuses entry to Cuban Ambassador due to “US sanctions”. J authorities call action “illegal”. How quaint.

mytest

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Hi Blog.  The BBC and Japan Times report below that the Cuban Ambassador to Japan was denied entry to a US-based hotel chain in Japan, the Hilton, in Fukuoka.  The Japanese Government quickly stepped in to say that this activity is illegal under Japanese law.

Well, well, well.  I guess it’s helpful to be foreign and connected in high places.  As has been reported for decades on Debito.org, Japan’s hotel refusals by nationality are so normalized that hotels routinely ignore the law being cited, refusing “foreigners” entry due to “lack of facilities“, “discomfort on the part of the management or Japanese customers“, or just for being “customers while foreign” (or even the “wrong foreign customers“).  Sometimes these refusals have the backing and encouragement of local police agencies and other authorities in their overzealous “anti-terrorism“/”anti-crime“/”anti-infectious disease” campaigns (because after all, only “foreigners” do all that in Japan).

So the Cuban Ambassador gets refused.  And now the law gets applied.  Good.  Now let’s apply it everywhere, for a change.  That’s what laws are for.  Dr. Debito Arudou

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

US hotel in Japan refuses Cuba ambassador
BBC/Reuters 14 November 2018, courtesy of JDG
https://www.bbc.com/news/world-asia-46207147

A US-owned hotel in Japan has been criticised by Japanese authorities after it denied the Cuban ambassador a room over fears it would violate US sanctions on Cuba.

The Hilton Fukuoka Sea Hawk told Ambassador Carlos Pereria he could not stay last month because it could not accommodate Cuban government guests.

That prompted a Cuban complaint.

Japanese officials in the city have since told the hotel it was illegal to refuse rooms based on nationality.

The Cuban embassy booked the room through a travel agency, which informed the hotel of the guests’ identity, the Asahi Shimbun newspaper reported.

However when Mr Pereira arrived in the south-western city on a trip to visit Cubans playing for the city’s baseball team he was told he could not stay.

In its subsequent complaint, the Cuban argued that applying US law in Japan encroached on Japan’s sovereignty, the Asahi Shimbun said.

But a Hilton representative in the Japanese capital Tokyo told the Kyodo news agency that the firm had to comply with US law because it was based in the US.

In 2006, the Mexican authorities fined a US-owned Sheraton hotel for expelling a 16-person Cuban delegation from a hotel in Mexico City.

In 2007 a Norwegian hotel, the Scandic Edderkoppen, refused to let a delegation of 14 Cuban officials stay as it was part of a chain that had been bought by Hilton since the Cubans last visited.

Then Norwegian deputy foreign minister Raymond Johansen told Reuters that it was “totally unacceptable”.

In 2016, under a thaw in relations between the US and Cuba during the Obama administration, the US hotel firm Starwood signed a deal to manage two hotels in Cuba. The two hotels were owned by Cuban state enterprises, the New York Times reported.

However the following year President Trump tightened US policy towards Cuba, banning US visitors to the island from spending money in state-run hotels or restaurants linked to Cuba’s military.
ENDS

/////////////////////////////////
The Japan Times adds:
According to the Cuban Embassy, the diplomats were visiting Fukuoka to meet Cuban baseball players who are members the Fukuoka SoftBank Hawks.

Japan’s law regulating hotel operations states that guests cannot be refused unless they carry an infectious disease or are suspected of committing illegal activities. The Health, Labor and Welfare Ministry pointed out that denying accommodation based on nationality is against the law.

“The hotels operating domestically must comply with the law,” the ministry said.

“We refuse to provide service to officials of the government or state-owned enterprises of countries under U.S. economic sanctions such as North Korea, Iran and Syria,” a Hilton spokesperson said. “We would like to discuss about the matter internally in response to the guidance.”

======================================
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Fuji TV’s “Taikyo no Shunkan”: Reality TV targeting NJ as sport. Again.

mytest

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Hi Blog. Japanese TV is at it again. Fuji TV is taking advantage of the weak position of Non-Japanese in Japan’s media, presenting sensational programming that specifically targets NJ for entertainment purposes.

Consider this report from Nevin Thompson at Global Voices (excerpt):

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

Japanese television program turns migrant raids and deportations into entertainment

deportation entertainment japan

Captions: (Top) “Full Coverage: Immigration Bureau G-Men: Tracking down a Vietnamese illegal alien over the course of one month” (Bottom) “ILLEGAL OVERSTAYER” “FORCED DEPORTATION”

Screenshot from the television show “At the Very Moment They Were Deported” (タイキョの瞬間) on YouTube.

As Japan predicts a rise in the number of immigrants and foreign tourists in the coming years, a new television show has turned migrant deportations into entertainment. The program provoked some outraged viewer reactions and insights about the plight faced by visa overstayers and undocumented migrants in Japan.

Taikyo no Shunkan (タイキョの瞬間) (English translation: “At the Very Moment They Were Deported”) premiered on Fuji Television in a Saturday evening prime time slot on October 6, 2018.

Using a typical reality show format, the two-hour program follows a group of so-called “G-Men”, or immigration officers, employed by the Tokyo regional office of the National Immigration Bureau as they hunt down visa overstayers and so-called “illegal aliens” (fuhotaizaisha, 不法滞在者) and squatters (fuhosenshu, 不法占有) on camera.

In one segment, the immigration officers stake out the apartment of a Vietnamese man suspected of violating the conditions of his trainee visa. He and two others are arrested and interrogated on camera before being deported 24 hours later.

In another segment, the immigration officers storm a factory and detain a group of Indians suspected of being undocumented workers — the owners of the factory never appear on camera.

A final segment investigates the problem of Chinese “squatters” who have set up a vegetable patch on public land on an isolated stretch of riverbank in Kyoto.

For now, a fan upload of the video of the entire program can be viewed on DailyMotion…

Rest at https://globalvoices.org/2018/10/10/japanese-television-program-turns-migrant-raids-and-deportations-into-entertainment/

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

COMMENT:  Debito.org has focussed on this kind of programming before.  Consider this segment from a larger archive of broadcast media bashing NJ as terrorists and criminals, a phenomenon that gained political traction as former Tokyo Gov. Ishihara fanned the flames of xenophobia starting from around 2000.  Not to mention the racist and propagandisticGaijin Hanzai” magazine (2007) that also seemed to be made with the cooperation of the Japanese authorities,  More on this issue in general in Chapter 7 of book “Embedded Racism“.

Debito.org Reader JDG began discussing this issue on a blog post elsewhere, and sent a link that is already dead.  Even the Asahi had something to say about it:

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

フジ「タイキョの瞬間!」に批判 「外国人差別を助長」
朝日新聞 2018年10月9日, courtesy of NH
https://www.asahi.com/articles/ASLB965QCLB9UCVL033.html

フジテレビ系で6日夜に放送された「タイキョの瞬間!密着24時」に、反発の声が上がっている。外国人問題に取り組む弁護士らが「人種や国籍等を理由とする差別、偏見を助長しかねない」とする意見書をフジに送ったほか、ネット上でも番組の姿勢を問題視する声が出ている。

タイキョの瞬間!は、午後7~9時放送の単発番組で、副題は「出て行ってもらいます!」。ナレーションによると「法を無視するやつらを追跡する緊迫のリアルドキュメント」で、テーマは強制退去。不法占拠や家賃滞納の現場を紹介する中で、外国人の不法就労なども取り上げた。

技能実習生として来日した後に逃亡したベトナム人女性が、不法就労をしたとして東京入国管理局に摘発される様子のほか、同局の収容施設を「約90通りの料理を用意できる」「刑務所とは異なり、食事と夜間以外は自由に行動できる」などと紹介する場面などを放送した。「取材協力 東京入国管理局」と明示され、東京入管のツイッターも放送前に「ぜひご覧下さい!」と番組をPRしていた。

弁護士の有志25人は9日、フジに送った意見書で、技能実習制度の問題点や、収容施設の医療体制の不十分さ、自殺者が出ていることに番組が一切触れなかったことなどを指摘。「外国人の人権への配慮が明らかに欠如する一方、入管に批判なく追従し、主張を代弁しただけの、公平性を著しく欠いた番組」だと批判した。ネットでも「入管のプロパガンダ番組だ」などの声が上がっている。

フジテレビ企業広報室は取材に対し9日、「この番組では、さまざまな退去の瞬間にスポットを当て、その様子を放送いたしました。東京入国管理局が、不法滞在・不法就労の外国人を摘発するシーンもございましたが、取材に基づいた事実を放送しており、決して外国人を差別する意図はございません。番組に対して、いただいたご意見は真摯(しんし)に受け止め、今後の番組制作に生かして参りたいと考えています」と答えた。
ENDS

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

In the end, will there be any retractions, apologies for stereotyping, or even acknowledgments and caveats that NJ do good things in Japan too?  As book “Embedded Racism” points out in Ch. 7, not likely.  After all, NJ have so little right-of-reply in Japan’s media that bashing and blaming NJ for just about anything has long been normalized in Japan’s media. It’s simply part of standard operating practice — at the level of entertainment.  Even a sport.  It’s a foxhunt for gaijin.  Dr. Debito Arudou

==================================
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GOJ sets targets for importing even more NJ temp labor, Kyodo editorializes on how badly Japan needs NJ

mytest

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Hi Blog. It’s funny. Debito.org has been charting for decades just how much Japan reflexively distrusts NJ, and wants them in and out of here as soon as possible without settling down (hence no official immigration policy). Yet, in case you wonder why this is still an issue, here’s yet another article demonstrating why Japan NEEDS NJ labor, and intends to import even more (and as ever, temporarily):

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

Government sets target for 10,000 Vietnamese caregivers, needs additional 550,000 by 2025
KYODO/Japan Times JUL 25, 2018
https://www.japantimes.co.jp/news/2018/07/25/national/government-sets-target-10000-vietnamese-caregivers-needs-additional-550000-2025/

The government has set a target of accepting 10,000 Vietnamese caregivers by the summer of 2020 to address a chronic labor shortage in the nursing sector, an official said Wednesday.

Japan first aims to receive 3,000 Vietnamese carers within one year through an existing training program for foreigners, according to the official, who spoke on condition of anonymity.

Due to the country’s rapidly graying population, the labor ministry estimates a need for an additional 550,000 caregivers in fiscal 2025 compared to the fiscal 2016 total… Japan is also considering inviting caregivers from other countries, including Indonesia and Cambodia, the official said.

As of March last year, there were roughly 1.9 million carers in Japan. The labor ministry estimates Japan will need about 2.45 million care workers in fiscal 2025, at which point the people belonging to the baby boomer generation born in the late 1940s will all be 75 years or older, meaning the need for nursing care service will almost certainly increase…

In a related development, Prime Minister Shinzo Abe said Tuesday that Japan aims to accept more foreign workers from April next year by creating a new residency status. To fill labor shortages not just in nursing care but also in other sectors including agriculture and manufacturing, the government has suggested it may begin admitting hundreds of thousands of blue-collar workers from abroad.

Full article at https://www.japantimes.co.jp/news/2018/07/25/national/government-sets-target-10000-vietnamese-caregivers-needs-additional-550000-2025/

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

COMMENT: Oddly enough (or rather, not so oddly), Japan’s corporate sector is again asking for more cheap labor without taking into account that they are importing people, not raw materials. And of course, as argued below in the second Kyodo JT article on the same day, there is at best mumbled support for actual immigration.

This isn’t a sustainable long-term strategy, and everybody knows it. But they go through the kabuki for as long as possible. I daresay someday soon somebody will advocate Middle-Eastern-Oil-Countries’ style labor importation (where foreigners do all the work, and wind up outnumbering the leisured citizen class), since we’ve already had one major Japanese pundit crazily arguing for instituting South-African-style Apartheid in Japan. Except for one problem with ever considering an oil-economy model: Japan is not an oil economy. And again, Japan’s other silly policy balloon — robotizing society — doesn’t work either because robots don’t pay taxes.

In sum, Debito.org advocates that Japan consider a real immigration policy to make NJ migrants into permanent residents and citizens. It’s the only way, as myself and the UN (not to mention the Japanese Government itself!) have argued for decades, to avert Japan’s otherwise unavoidable demographic crisis. Dr. Debito Arudou

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

Japan faces challenges as it moves to accept more foreign workers
KYODO/Japan Times JUL 25, 2018
https://www.japantimes.co.jp/news/2018/07/25/national/japan-faces-challenges-moves-accept-foreign-workers/

Japan’s move toward opening its doors to more foreign workers is widely seen as a must to better cope with an expected shrinkage in the working population.

Potentially broadening the scope of non-Japanese workers accepted into a country that for years has kept a firm grip on immigration would also mark a major policy change.

But the challenges facing an aging Japan are manifold as observers call for a clear-cut rather than makeshift approach, and stress the need to create a society easier for foreign nationals to live and work in.

“It’s a natural turn of events” to accept more foreign workers, said Yoshimitsu Kobayashi, chairman of the Japan Association of Corporate Executives.

“Given the situation Japan is in and its future, we’ve already entered a phase in which we need to seek help not just from highly skilled workers,” Kobayashi said at a news conference Tuesday.

Prime Minister Shinzo Abe instructed Cabinet ministers the same day to make preparations to accept more foreign workers by offering a new residential status starting next April.

The plan being considered would set a five-year limit on residence under the new status.

That may help conservatives, a major support base for Abe, but observers say the country needs to have a serious immigration debate for its future.

The country had a record 1.28 million foreign workers as of October last year. Chinese workers made up the largest portion, at nearly 30 percent, ahead of workers from Vietnam, the Philippines and Brazil, according to government data.

Currently, there are limited paths offered to work legally. Foreign nationals are given residential status to work in fields such as education, business management, law and health care.

Those coming under a 1993 program designed to impart technical skills can also work in the country but critics see it as encouraging simple and cheap labor.

The government “should have created a system to accept foreign workers seriously in the first place. In this sense, (the envisaged introduction of a new residential status) is a step forward,” said Shoichi Ibusuki, a lawyer well-versed in foreign labor issues.

But he also raises questions about the plan to, in principle, impose a five-year cap on stays and to bar foreign workers from bringing in family members.

“It’s unacceptable from a humanitarian perspective (for foreign workers) to live far from their family members for five years,” Ibusuki said.

The potential policy change may be long overdue.

No time can be spared amid increased tightness in the labor market. In 2017, job availability rose to its highest in 44 years, with 150 jobs available for every 100 job seekers.

Still, one senior labor ministry official expressed concern about the practice of paying unfairly low wages to foreign workers.

“Not only would it not benefit the foreign workers themselves, but it could also take jobs away from Japanese workers,” the official said.

For companies, particularly small- and mid-sized companies being forced to hunt for workers, the prospect of paving the way for more foreign labor is a positive development.

Takashi Yamauchi, who heads the Japan Federation of Construction Contractors, hailed the government move as “timely” as the construction sector is expected to see increased demand in the run-up to the 2020 Tokyo Olympics and Paralympics.

The number of foreign workers has already been rising in recent years and the uptrend will likely continue if the government’s new plan goes through.

At convenience store operator FamilyMart Co., for instance, non-Japanese workers account for some 5 percent of its roughly 200,000 workers.

But sectoral gaps have yet to be bridged. Sectors such as nursing care that are in desperate need of labor have faced difficulty in securing workers.

With the rapid aging of the population appearing to pick up pace, the government has increased the number of options for foreign nationals to land nursing care jobs.

Labor shortages could also sap economic growth over the longer term — bad news for Abe, who has been trying to revive the world’s third-largest economy with his “Abenomics” policy mix.

The government aims to realize a society in which both Japanese and non-Japanese people can coexist and plans to draw up measures to help foreign nationals learn Japanese and find housing.

As of April this year, 46 percent of local governments had crafted guidelines or plans designed for foreign nationals, with action depending on the percentage of non-Japanese residents.

Meanwhile, proposals have been floated to reorganize the Immigration Bureau and create a Justice Ministry-affiliated agency to handle low-skilled foreign nationals.

“It should go beyond simply enforcing immigration controls. I hope it will play a role in assisting foreign workers living in Japan in a comprehensive manner,” said Toshihiro Menju, a senior official at the Japan Center for International Exchange.
ENDS

============================
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My Japan Times JUST BE CAUSE 112: “What about we stop it with the ‘whataboutism’?” (July 16, 2018)

mytest

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JAPAN TIMES JUST BE CAUSE COLUMN 112
justbecauseicon.jpg

THE JAPAN TIMES JUL 15, 2018
ISSUES | JUST BE CAUSE
What about we stop it with the ‘whataboutism’?
BY DEBITO ARUDOU
https://www.japantimes.co.jp/community/2018/07/15/issues/what-about-we-stop-it-with-the-whataboutism/

These are troubling times for human rights activists.

For 27 years I’ve been writing about civil, political and human rights for non-Japanese (NJ) and other minorities in Japan. And I’ve never been more confused.

Not least because the United States, the putative paragon of human rights, has been flouting them.

Remember, this is a country so cocksure about its own record that its State Department offers annual “Country Reports on Human Rights Practices” for each United Nations member.

Yet President Donald Trump has been undermining international norms of law, justice and society — and with the glee of a super-villain.

In case you haven’t been paying attention, recently we’ve seen U.S. leadership abrogate numerous treaties, erode well-established security and trade regimes (such as NATO and the G7), cozy up to the world’s most authoritarian regimes and mimic their tactics, invoke the language of white nationalism to dehumanize minorities, and foment a culture of fear, loathing and vindictive reprisal towards anyone not in their ideological camp.

Speaking of camps, who would have ever imagined that the U.S. would put foreign children in cages? Create “tender-age” internment centers for toddlers separated from their families at the border? Force 3-year-olds to represent themselves in American immigration courts?

Trump’s “zero tolerance” policy for undocumented migration and asylum seekers is so cruel that the United Nations High Commissioner for Human Rights denounced it as “unconscionable” and “illegal” under international law.

Hours later, the U.S. petulantly withdrew from the Human Rights Council, of which it had been a charter member since 1947.

In Just Be Cause’s view, the worst thing about these rapid-fire shocks to the system is not the confusion but the distraction. Presidential historian Jon Meacham, author of “The Soul of America,” pointed out how Trump “owns our mind space” in what he calls “the world’s longest hostage siege.” We are prisoners of a self-promoting celebrity so adept at managing news cycles that he sucks the oxygen from other issues.

So this is where we arrive at the big question of this column: How can JBC focus on human rights in Japan given the distractions in America?…

Read the rest of the column at:
https://www.japantimes.co.jp/community/2018/07/15/issues/what-about-we-stop-it-with-the-whataboutism/

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Japan lowering age of adulthood to from age 20 to 18 in 2022: Also means Japan’s dual nationals now must declare by age 20, not 22.

mytest

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Hi Blog. In mid-April the Japanese Government did something rather landmark: For the first time in more than a century, it passed a bill lowering the age of adulthood by two years; meaning that by April 2022, people fresh out of high school (or some who haven’t graduated yet) can now vote and apply for credit cards/loans (although still they cannot drink, smoke or gamble; that permission stays the same at age 20). It also means that the criminals classified as “juvenile offenders” (with more lenient penalties) can now be tried as adults, and that both men and women can now equally marry at age 18.

More in the Japan Times at
https://www.japantimes.co.jp/news/2018/06/13/national/crime-legal/japan-enacts-law-lower-adulthood-age-18/

Where this matters to Debito.org is how Japan’s international citizens are to be treated. Before, legally Japanese with two citizenships (e.g., Japanese children of international marriages) would have to choose one (since Japan does not permit dual nationality) at age twenty, with a two-year grace period. Now that requirement has likewise been shifted down to 18 with a grace period up to age 20.

For those who are facing that choice, Debito.org, in its HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS, recommends that dual nationals declare their citizenship as “Japanese” and keep quietly renewing their non-Japanese passport. There is no way for the Japanese Government to force you to surrender your foreign passport (as it is the property of the foreign government), or to get information on your citizenship status from foreign governments.  Be advised. Nothing has changed in this regard except that youths have to make an identity choice at a more youthful age.

Speaking of that quiet option to choose both citizenships, let me steer Debito.org readers to an insightful Japan Times feature that came out a few months ago, including interviews of Japan’s international children and their reactions and strategies.
http://features.japantimes.co.jp/dualcitizenship/

Dr. Debito Arudou

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JT and Nikkei: Japan to offer longer stays for “Trainees”, but with contract lengths that void qualifying for Permanent Residency

mytest

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Hi Blog. As is within character since the early 1990s, Japan wants NJ workers to make up for labor shortages in Japan’s workforce, but remains unwilling to allow NJ migrant workers to become immigrants: to access the benefits of their labors and years of investment in Japan’s economy and society by allowing them to live in Japan.

No, once again, Japan would rather leach off the best years of NJs’ productive lives and then send them home. Except now GOJ policy explicitly wants them to stick around and be exploited ever longer (without their families, and with a built-in contract cut-off before they can qualify for Permanent Residency), again under the guise of the deadlyTraineeslave-wage labor program. Witness the JT article below. Dr. Debito Arudou

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Japan looks to offer longer stays for technical interns, with caveats it hopes will limit immigration debate
The Japan Times, April 12, 2018 (excerpt). Courtesy of lots of people.
Full article at https://www.japantimes.co.jp/news/2018/04/12/national/sidestepping-wider-immigration-debate-japan-eyes-longer-stays-technical-interns/

Japan is weighing the creation of a new status of residence that would allow technical interns from abroad to stay longer in the country, as part of efforts to tackle severe labor shortages, sources said Wednesday.

But interns’ families would not be allowed to enter Japan — a provision meant to prevent the creation of the new status from leading to discussions on the sensitive issue of immigration, the sources said.

The status would allow those who have completed a five-year technical intern training program and meet certain requirements to stay and work for up to five additional years, the sources said. […]

With the technical intern training program intended to transfer skills abroad, interns currently must return to their home countries after a five-year stay. The new residency status would allow interns to stay in Japan to work for a maximum of five more years. The government plans to set requirements to obtain the status, including industry-specific ones, the sources said.

But according to a Nikkei business daily report [see below], trainees will still have to return to their home after their programs end, and then apply for the new residence status that would allow them to work again in Japan for a further five years.

This is apparently aimed at keeping trainees and interns from gaining eligibility to apply for permanent residency, for which one of the prerequisites is to be living in Japan for 10 years or more.

Those who have already completed the trainee program and returned to their home countries can also apply for the new status of residence, the report said.

The report also said that trainees with the new work permit would be able to gain highly-skilled professional status if they pass an examination, which would enable them to bring their families to Japan and to renew their visas.

The new work permit would be given to those working in nursing, agriculture and construction — sectors where labor shortages are most severely felt, the sources said.

Labor shortages are already severe, especially in the service sector. In 2017, there were 150 job openings for every 100 workers — the largest gap in over four decades.

The number of foreign workers has been on the rise in recent years, hitting an all-time high of approximately 1.28 million as of last October. Of that total, the number of technical interns stood at around 250,000, according to government data.

The technical intern program, which was formally created in 1990 for the purpose of transferring skills in the industrial, agricultural and fisheries sectors to developing economies, has become an essential part of Japan’s labor force amid the nation’s demographic woes.

Abe has officially declared that his administration will never adopt “an immigration policy” to make up for the continuing acute labor shortage, despite a rapidly thinning workforce.

The program was designed to support foreign nationals in their acquisition of technical skills, but has been criticized as a cover to exploit cheap labor from abroad. Many cases have been reported of trainees being subjected to illegally long work hours and physical abuse from employers.

In March, it was revealed that a Vietnamese man who came to Japan under the program was allegedly forced to take part in decontamination work in areas hit by the 2011 nuclear disaster. The Justice Ministry has begun investigating the case.

To eliminate violations by companies employing vocational trainees, a new law came into effect in November obliging employers to secure accreditation for their training programs. Under the law, employers found to have physically abused the trainees are subject to imprisonment of up to 10 years or a fine of up to ¥3 million. Other moves, such as denying compensation claims or confiscating passports, are regarded as violation of the Labor Standards Law and are also subject to punishment.

ENDS

外国人、技能実習後も5年就労可能に 本格拡大にカジ
日本経済新聞 2018/4/11, courtesy of JM
https://www.nikkei.com/article/DGXMZO29256530R10C18A4SHA000/

政府は2019年4月にも外国人労働者向けに新たな在留資格をつくる。最長5年間の技能実習を修了した外国人に、さらに最長で5年間、就労できる資格を与える。試験に合格すれば、家族を招いたり、より長く国内で働いたりできる資格に移行できる。5年間が過ぎれば帰国してしまう人材を就労資格で残し、人手不足に対処する。外国人労働の本格拡大にカジを切る。

政府は単純労働者の受け入れを原則、認めていない。一方で働きながら技能を身につける技能実習の範囲拡大や期間延長で事実上、単純労働者の受け皿をつくってきた。幅広く就労の在留資格を与える制度の導入は大きな政策の転換点になる。

政府は今秋の臨時国会にも入国管理法改正案を提出し、来年4月にも新制度を始める方針だ。

新設する資格は「特定技能(仮称)」。17年10月末で25万人いる技能実習生に、さらに最長5年間、就労の道を開く。技能実習は農業や介護などが対象。新設する資格とあわせれば、通算で最長10年間、国内で働き続けることができる。

新資格で就労すれば技能実習より待遇がよくなるため、技能実習から移行を希望する外国人は多いとみられる。政府は少なくとも年間数万人は外国人労働者が増えるとみている。農業、介護、建設など人手不足の業界を対象にする。

そもそも技能実習は学んだ技術を母国に伝えることが前提。経験を積んだ人材も実習後に国外に退去しなければならない。長く働きたい外国人や、実習で経験を積んだ外国人を育てた国内の雇用主からは、改善を求める声があった。

技能実習制度とその本来の目的は維持するため、新資格は一定期間、母国に帰って再来日した後に与える。外国人の永住権取得の要件の一つに「引き続き10年以上の在留」がある。いったん帰国してもらうため、技能実習と新資格で通算10年を過ごしても、直ちに永住権取得の要件にはあたらないようになる。

外国人労働者をさらに増やすため、実習修了者と同程度の技能を持つ人にも新資格を付与する方針だ。既に実習を終えて帰国した人も対象になる見通しで、経験豊かな労働者を確保できる。

新資格の保有者は、より専門性が高い在留資格に変更できるようにする。専門技能を問う試験に合格すれば、海外の家族の受け入れや、在留期間の更新ができる既存の資格に切り替えられる。

国内では25年度に介護職員が約38万人不足する見込み。農業人口はこの10年で約4割減り、人手不足が深刻だ。技能実習生の多くが新資格に移行すれば、長期間、国内労働力に定着させることができる。アジア各国の賃金上昇で外国人労働力の獲得は難しくなっているが、人材獲得競争にもプラスに働くと見ている。

日本の労働力人口は約6600万人。17年10月末時点の外国人労働者数は技能実習生の増加などがけん引し、127万人と過去最高を更新した。労働力の50人に1人は外国人が担う状況だが、政府はさらに増やす方針だ。

ends

==========================
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Mainichi: Zainichi Korean’s hate speech lawsuit ends in her favor. Bravo. But Mainichi plays word games, mistranslates “racial discrimination” (jinshu sabetsu) into “ethnic discrimination” in English!

mytest

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Hi Blog. Let me turn the keyboard over to JK for some update and analysis:

////////////////////////////
JK:  Hi Debito: Here’s a follow-up article by Mainichi on the Lee Sin Hae Case, which I originally submitted to Debito.org in late 2016:

Korean resident of Japan’s legal battle for dignity ends in her favor but problems remain
http://mainichi.jp/english/articles/20180320/p2a/00m/0na/003000c
March 20, 2018 (Mainichi Japan)

OSAKA — A Korean resident of Japan whose damages lawsuit against an anti-Korean hate group and its former chairman ended last year with the top court ruling in her favor told the Mainichi Shimbun in an interview, “The ruling doesn’t mean we’ve crossed the finish line. It means we’ve just started on our way toward ridding the world of discrimination.”

Freelance writer Lee Sin Hae, 46, filed a lawsuit with the Osaka District Court in August 2014 against [officially-acknowledged hate group] “Zainichi tokken o yurusanai shimin no kai” (“Citizens’ group that does not forgive special rights for Korean residents of Japan,” or “Zaitokukai”) and its then chairman, Makoto Sakurai, demanding 5.5 million yen in compensation. Lee alleged that the group defamed her by calling her “an old Korean hag” during rallies in the Sannomiya district of Kobe and “a lawless Korean” on Twitter.

The district court ruled in September 2016 that Zaitokukai had made the statements with the intent to incite and intensify discrimination against Korean residents of Japan, and ordered the group to pay Lee 770,000 yen in damages.

According to Lee’s attorney, in June 2017, the Osaka High Court became the first court to recognize that a plaintiff had been subjected to “composite discrimination” — in Lee’s case, ethnic and gender discrimination [emphasis added].  However, the high court upheld the lower court’s compensation amount of 770,000 yen. Zaitokukai appealed, but the Supreme Court’s Second Petty Bench turned down the appeal late last year, finalizing the Osaka High Court’s decision.

It was through her writings criticizing hate speech that Lee herself increasingly became a target of hate mongers. She looked back on her three-year legal battle, during which she suffered insomnia and sudden-onset deafness as a result of stress caused by remembering painful incidents as she collected evidence for her case. “It’s been made clear that if one singles out another as a target of hate speech, they will have to pay for it with money,” she said.

Lee is hopeful that the precedent the courts set by recognizing that she had been subjected to composite discrimination will serve as a deterrent against discrimination in the future. Yet, people continue to take part in hate speech even when their identities are made public or they are ordered to pay damages, resulting in a reality in which hate speech is still plentiful both on the streets and on the internet.

“With the lawsuit, I became keenly aware that my strength alone was very weak,” Lee said. “Society won’t change unless the central government and administrative agencies come together and pour all their efforts into ending discrimination.” What Lee demands now are effective measures that include criminal punishment.

Hiroko Kotaki, an attorney who represented Lee in the lawsuit, offered a certain measure of praise for the Osaka High Court’s ruling for its recognition of the composite discrimination to which Lee was subjected. But Kotaki pointed out that it was problematic that claims to recover damage done by hate speech directed at an indefinite number of people, such as “Korean residents of Japan,” are not possible under current laws. With that in mind, she said, “In addition to establishing new legal standards, internet service providers need to work to reinforce their self-monitoring capacity.”

When the Osaka District Court ruled in favor of Lee in September 2016, former Zaitokukai leader Sakurai released a statement through his lawyer, accusing the ruling of being “unjust, as it was based on societal prejudice toward Zaitokukai.” When the Osaka High Court upheld the lower court’s decision, he released a statement that said, “I praise the fact that the compensation amount was limited to 770,000 yen, dealing a blow to the intentions of those who hoped to politically exploit the ruling.”

Japanese original
対在特会ヘイト裁判
http://mainichi.jp/articles/20180310/k00/00m/040/095000c
李信恵さん 尊厳回復の闘い
毎日新聞2018年3月9日 20時04分(最終更新 3月9日 20時25分)

高裁判決後、支援者から花束を贈られ笑顔の李信恵さん=大阪市北区で2017年6月19日、後藤由耶撮影
「人種差別的な発言で名誉を傷つけられた」として在日朝鮮人のフリーライター、李信恵(リ・シネ)さん(46)が「在日特権を許さない市民の会」(在特会)と同会の桜井誠前会長を訴えた損害賠償訴訟は昨年末、最高裁第2小法廷(菅野博之裁判長)が在特会側の上告を認めない決定をし、同会側に77万円の支払いを命じた大阪高裁判決(昨年6月)が確定した。確定を受けて毎日新聞の動画インタビューに応じた李さんは「証拠集めなどのたびに被害を思い出し、ストレスから不眠や突発性難聴に苦しんだ」と3年余にわたる法廷闘争を振り返り、「この判決はゴールではない。世界から差別をなくすためのスタートだ」と決意を新たにした。

「名指しでヘイトスピーチをすれば訴えられ、お金を払わなければいけなくなることがはっきりした」。ヘイトスピーチに批判的な記事を書くうちにその標的になったという李さんは、「人種差別と女性差別との複合差別に当たる」と認定した高裁判決の“抑止力”に期待を寄せる。しかし実名が公表されても、あるいは賠償金を請求されてもやめようとしない人たちはおり、今も路上やネット上にヘイトスピーチはあふれている。

「裁判をしても、私一人の力は弱いと感じた。国や行政などが知恵を絞って全力で取り組んでくれなければ社会は変わらない」と指摘する李さんが求めるのは、刑事罰の導入も含めたより実効性のある対策だ。

訴訟で代理人を務めた上瀧浩子弁護士は、複合差別を認めた高裁判決を一定程度評価しながらも、現行法下では「在日朝鮮人」など不特定多数に向けられた場合に被害回復ができないことを問題視。その上で、「新たな法規範を設けるとともに、インターネット事業者などの自己チェック態勢をより強化していくべきだ」と訴える。

李さんは毎回の口頭弁論に朝鮮半島の民族衣装であるチマ・チョゴリ姿で臨んだ。「自分を奮い立たせ、勇気をまとう意味があった」という。母のチマ・チョゴリや、在日コリアン無年金訴訟の原告が織った西陣織なども縫い込んで、毎回違うものを仕立てた。傍聴席にもチマ・チョゴリや男性用のパジ・チョゴリ姿の人が目立った。「社会がそうさせているのかは分からないが、ヘイトスピーチをする人たちももしかしたら『被害者』かもしれない。傷つく人も、傷つける人も両方がいなくなるよう、何ができるかもっと考えていきたい」と李さんは先を見すえている。

桜井氏は2016年9月の大阪地裁判決時、代理人弁護士を通じて「判決は在特会側への社会的偏見に基づくもので不当」などとする談話を出した。また、昨年6月の大阪高裁判決時には代理人弁護士を通じ、「賠償金が77万円にとどまったことは、判決の政治利用をもくろむ勢力の思惑をくじく結果となったことを評価する」とコメントしている。【後藤由耶】

大阪ヘイトスピーチ訴訟
桜井氏が神戸・三宮での街宣活動で「朝鮮人のババア」と発言したり、ツイッターで「不逞鮮人(ふていせんじん)」と書き込むなどしたりしたのは名誉毀損(きそん)に当たるとして、東大阪市在住の李さんが2014年に大阪地裁に提訴。地裁判決(16年9月)は「在日朝鮮人への差別を助長、増幅させる意図があった」と認定し、在特会側に77万円の支払いを命じた。控訴審判決は人種差別を認めた1審から踏み込み、性差別との「複合差別」も認めたが、命じた支払額自体は変わらなかった。
==================

JK COMMENTS:  From the article, we learn that Lee Sin Hae’s case wasn’t finished in September 2016 — in June of 2017, the Osaka High Court upheld by the decision of the Osaka District Court to fine Mr. Sakurai ~$7200, and late last year, Mr. Sakurai and Zaitokai appealed the case, but the Second Petty Bench of the Supreme Court denied the appeal.

Now one of the things I find curious in the article is that we’re introduced to so-called “composite discrimination” (複合差別) which, in the Japanese version of the article is defined as racial discrimination (人種差別) plus “gender discrimination” (女性差別; I think ‘sexism’ would be a better choice of words).

However, in the English version, “composite discrimination” is defined as “**ethnic** and gender discrimination”.

How is it that 「民族差別」 now equates to ‘ethnic’ instead of ‘racial’? And if the intent was to convey the notion of ‘ethnic discrimination’ (whatever that is), why does the Japanese version not use 「民族差別」€ instead?

The only explanation I can offer is that Mainichi is playing word games and deliberately whitewashing ‘racial discrimination’ with ‘ethnic discrimination’ in the English-language version because the latter is more palatable to the reader. What’s your take? Regards, JK

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

DEBITO COMMENTS:  The mistranslation is very indicative.  My take is that one of three things happened:

  1. The mistranslation was accidental, because Japanese society is so blind to the problem of “racial discrimination” in Japan (as Debito.org has demonstrated, it’s taken decades for it to be explicitly called “jinshu sabetsu” in the Japanese) that editorial standards have reflexively reverse-engineered the language to make it “ethnic” all over again.
  2. The mistranslation was deliberate, because Japan has no races, therefore “racial discrimination” cannot exist in Japan (after all, holds the liberal Japanese view, “Japanese and Koreans are the same race, therefore discrimination against Koreans isn’t racial; it’s ethnic“).  More on that below.  Or,
  3. The mistranslation was subterfuge, because the translator at the Mainichi happened to be one of those White Samurai types, who personally doesn’t see “racism” as a problem in Japan (despite the original Japanese wording), and sneakily changed things to protect his Japan from the outside world.

Of course, this all begs the question of people in Japan still accepting the antiquated notion of “race” as an abstract, biological concept — as opposed to a socially-constructed one that differs from society to society in its definitions and enforcement, or as a performative one that is created through the process of “differentiation”, “othering”, and subordination.

So strong is this centuries-old belief that even Mali-born naturalized Japanese Dr. Oussouby Sacko, recently-elected president of Kyoto Seika University (congratulations!), made the bold statement in the New York Times that his differential treatment in Japan is not due to racism:

“Dr. Sacko, a citizen of Japan for 16 years, says he is treated differently because he does not look Japanese. But he distinguished that from racism. ‘It’s not because you’re black,’ he said.”

Sorry, that’s not now modern definitions of racism work anymore, Dr. Sacko. Differential treatment of Visible Minorities in Japan is still a racialization process.  But I guess anyone can succumb to the predominant “Japan is not racist” groupthink if it is that strong.

In this light, the Mainichi can be seen as merely maintaining the narrative, reverse-engineering the censorious language into English this time.  Dr. Debito Arudou

===================================
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Racial Profiling by Japanese Police in Tokyo Azabu: Uprizine’s Interview with Austin Freeman, a student at Temple University Japan

mytest

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Hi Blog. Debito.org has talked for years about racial profiling by the Japanese police (see for example here, here, here, here, here, here, here, here, here, here, here, here, and here, not to mention demanding urine samples from “foreigners” in Roppongi only; seriously). Clearly it’s still going on. The issue here, however, is how institutions that are supposed to support and inform NJ in Japan of their rights, options, and protections in Japan (in this case, Temple University in Japan) are apparently not doing so. Read on. Dr. Debito Arudou

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

Racial Profiling by the Japanese Police: An Interview with Austin Freeman (excerpt)
Upri-Zine.com, April 2, 2018. Courtesy of NC

INTRO:  In December 2017, TUJ added a new section to their Student Handbook titled Public Safety and Encounters with Law Enforcement (pages 21-23), “TUJ does not assume obligations for students’ off campus behavior or for their interactions with Japanese law enforcement personnel or the criminal justice system.”

Read more at https://www.upri-zine.com/single-post/2018/03/28/Racial-Profiling-by-the-Japanese-Police-An-Interview-with-Austin-Freeman

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

UPDATE APRIL 7, 2018: Response from UPRIZINE after I notified them that their article appeared on Debito.org:

送信者: UPRIZINE
Dear Mr. Debito, First, we would like to thank you for your interest in our website, article, and what we are doing. However, we request that you take down our article which you have copied and pasted onto your own website. As a Temple University Japan affiliated group and as owners of the website, we ask that all reproduction of our material be done with our permission and with the consent of all participating members of an article. Not doing so minimizes our work, what we are trying to achieve, and could pose as an issue for the image of our magazine and institution. Mr. Freeman is also not comfortable with your usage of this piece as it is not an excerpt of the article but rather an appropriation of it. We politely request that the article be taken down from your website and that all social media posts linking to your website regarding it be taken down as well. If you would, however, like to continue helping this cause, you can edit your post to link our website with only the first paragraph of the article and “read more at (https://www.upri-zine.com/single-post/2018/03/28/Racial-Profiling-by-the-Japanese-Police-An-Interview-with-Austin-Freeman) “ in order to direct readers to our site. You can also write your own article based off ours as Mr. Freeman has agreed to this. We thank you once again for your interest and hope you understand our stance on this. Sincerely, UPRIZINE

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

Debito.org’s response:

////////////////////////////////////
Dear Uprizine,

Thank you for your personalized email response. I have complied with your command to include only the first paragraph of your article on Debito.org. I hope this provides enough context to inspire readers to read further.

Debito.org apologizes for inadvertently minimizing your work, what you are trying to achieve, and the image of your magazine and institution.

Please also send my apologies to Mr. Freeman for making him uncomfortable by drawing attention to his cause.

Sincerely, Debito Arudou (Ph.D.)
====================================
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Japan Supreme Court enforces Hague Convention on Int’l Child Abductions (for Japanese claimants). Yet Sakura TV claims Hague is for “selfish White men” trying to entrap women from “uncivilized countries” as “babysitters”

mytest

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Hi Blog. We had an important Supreme Court ruling come down earlier this month, where an international custody dispute between two Japanese divorcees living in different countries resulted in the custodial parent overseas being awarded custody of the child, as per the Hague Convention on International Child Abductions. (See Japan Times article excerpt below.)

Debito.org has commented at length on this issue (and I have even written a novel based upon true stories of Japan’s safe haven for international child abductions). Part of the issue is that due to the insanity of Japan’s Family Registry (koseki) System, after a divorce only ONE parent (as in, one family) gets total custody of the child, with no joint custody or legally-guaranteed visitation rights. This happens to EVERYONE who marries, has children, and divorces in Japan (regardless of nationality).

But what makes this Supreme Court decision somewhat inapplicable to anyone but Wajin Japanese is the fact that other custody issues under the Hague (which Japan only signed kicking and screaming, and with enough caveats to lead to probable nonenforcement), which involved NON-Japanese parents, faced a great deal of racism and propaganda, even from the Japanese government.

As evidence, consider this TV segment (with English subtitles) on Japan’s ultraconservative (PM Abe Shinzo is a frequent contributor) Sakura Channel TV network (firmly established with the “present Japan positively no matter what” NHK World network).  It contains enough bald-facedly anti-foreign hypotheticals (including the requisite stereotype that foreign men are violent, and Japanese women are trying to escape DV) to inspire entire sociological articles, and the incredible claim that Japan’s court system is just appeasing White people and forcing a “selfish” alien system upon Japan.

https://www.youtube.com/watch?v=nmbuabX9_S0&feature=share

The best bits were when banner commentator Takayama Masayuki claimed a) White men just marry women from “uncivilized” countries until they find better women (such as ex-girlfriends from high school) and then divorce them, capturing the former as “babysitters” for once-a-week meet-ups with their kids (which Takayama overtly claims is the “premise” of the Hague Convention in the first place); and b) (which was not translated properly in the subtitles) where Takayama at the very end cites Mori Ohgai (poet, soldier, medical doctor and translator who wrote sexualized fiction about a liaison between a Japanese man and a German woman) to say, “play around with White WOMEN and then escape back home.” (Who’s being selfish, not to mention hypocritical, now?)

Take yet another plunge into this racialized sexpit of debate, where the racism doesn’t even bother to embed itself.  Dr. Debito Arudou

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

Supreme Court breaks new ground, ruling in favor of U.S.-based Japanese father in international custody battle
BY TOMOHIRO OSAKI, THE JAPAN TIMES, MAR 15, 2018, Courtesy of lots of people.
https://www.japantimes.co.jp/news/2018/03/15/national/crime-legal/supreme-court-breaks-new-ground-ruling-favor-u-s-based-japanese-father-international-custody-battle/

The Supreme Court ruled on Thursday in favor of a U.S.-based Japanese father seeking to reunite with his teenage son, who was taken by his estranged wife to Japan in 2016, concluding that the wife’s dogged refusal to abide by an earlier court order mandating the minor’s repatriation amounts to her “illegally confining” him.

The ruling is believed to be the first by the Supreme Court on cases where return orders by courts have been refused. It is likely to send a strong message regarding domestic legislation that is often slammed as impotent on cross-border child abductions, despite Japan’s commitments under the Hague Convention, following mounting criticism that return orders issued by courts have been ignored.

The Supreme Court sent the case back to the Nagoya High Court.

This latest case involved a formerly U.S.-based Japanese couple whose marital relationship began to deteriorate in 2008. According to the ruling, the wife unilaterally took away one of her children, then aged 11, in January 2016 and brought him to Japan where the two have since lived together.

Upon a complaint by the husband, a Tokyo court issued in September the same year a “return order” for the child under the Hague Convention, but the wife didn’t comply. When a court-appointed officer intervened to recover the child the following year the wife “refused to unlock the door,” prompting the officer to enter her residence via a second-story window, the ruling said. The mother then put up a fierce fight to retain the child, who also articulated his wish to stay in Japan.

On Thursday the top court overturned a Nagoya High Court ruling that acknowledged the child’s desire to stay in Japan. The latest ruling judged the minor was “in a difficult position to make a multifaceted, objective judgment about whether to remain under control of his mother,” citing his “heavy reliance” on her and the “undue psychological influence” she was likely exerting upon him in his life in Japan. The apparent lack of his free will, the ruling said, meant the mother’s attempt to keep the child equated to detention…

Rest of the article at https://www.japantimes.co.jp/news/2018/03/15/national/crime-legal/supreme-court-breaks-new-ground-ruling-favor-u-s-based-japanese-father-international-custody-battle/

ENDS
===================================

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Asahi: Setagaya Ward plans to battle inter alia racial, ethnic discrimination (in specific) in a local ordinance. Progressive steps!

mytest

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Hi Blog. Here’s something important. Tokyo’s Setagaya-ku tries to do what Tottori Prefecture tried to do in 2005 (which was, pass Japan’s first ordinance specifically against racial discrimination, which is still NOT illegal in Japan; alas, Tottori UNpassed it months later). To be sure, Setagaya-ku’s goals are obscured behind the typical slogans of “discrimination due to differences in culture”, and there isn’t even a mention of “racial discrimination” (rendered as jinshu sabetsu) in this Setagaya-ku pamphlet briefing on the issue from last September.  But baby steps, and the issue of “racial discrimination” (which has long been denied even as existing in Japan) has had domestic media traction as an actual, existing problem because of Setagaya-ku. Let’s hope this serves as a template for other legislative bodies this time. Dr. Debito Arudou

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

Setagaya Ward plans to battle racial, ethnic discrimination
By TAICHIRO YOSHINO, Asahi Shinbun, February 28, 2018, courtesy of GDO

http://www.asahi.com/ajw/articles/AJ201802280061.html

Tokyo’s Setagaya Ward has drafted an ordinance designed to protect racial, ethnic and sexual minorities from discriminatory practices, a move hailed by human rights experts as an “advanced measure.”

The ward was one of the first local governments in Japan to recognize same-sex marriages, and the draft ordinance covers sexual minorities.

However, the draft specifically notes that its target also includes discrimination based on nationality and race.

Under the plan, the ward will establish a committee that will handle public complaints about discrimination and advise the mayor on what measures to take.

A standing committee of the Setagaya Ward assembly approved the draft on Feb. 26. The assembly is expected to adopt the ordinance at a plenary session on March 2, and it will likely take effect in April.

“I have never heard of an ordinance that is intended to end discrimination based on nationality and race and will create a system for handling complaints,” said lawyer Kim Chang-ho, a third-generation ethnic Korean and a member of a nongovernmental organization that protects the human rights of foreign residents in Japan.

“The ordinance will be of help in collecting evidence when victims call for action on discriminatory problems. I hope that the measure will spread nationwide,” Kim said.

Other municipalities have complaint management committees, but they mainly handle cases of sexual discrimination.

The Setagaya Ward committee will consist of three members who will act as advisers to the mayor.

Although the draft contained no punitive measures against offenders, it did suggest possible action that could be taken.

The ward, for example, could refuse to allow hate-speech groups to use public spaces and facilities for demonstrations and meetings. The ward also wants to ensure the needs of sexual minorities and other groups are met when they use public facilities.

In addition, the ward could issue “improvement” instructions to landlords who refuse to rent apartments to minorities, as well as those responsible for discriminatory graffiti or online videos.

Shigenori Nakagawa, a lawyer involved in protecting the rights of sexual minorities, praised the ward’s move.

“Amid a society where discrimination and stereotypes about sexual minorities are deeply rooted, it is meaningful to clearly specify basic social rules,” Nakagawa said.

ENDS

===========================
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My Japan Times column JBC 111: “White Supremacists and Japan: A Love Story” (March 8, 2018)

mytest

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Hi Blog. This month sees a Japan Times column that I’m particularly proud of, as it ties a lot of things together. My research question was, “Why do people react so viscerally whenever somebody criticizes Japan?” And I think I found the answer: Japan attracts and nurtures White Supremacists.

Here are the opening paragraphs:

==========================================
WHITE SUPREMACISTS AND JAPAN: A LOVE STORY
JBC 111 for the Japan Times Community page
By Debito Arudou, Thursday, March 8, 2018

JUST BE CAUSE
justbecauseicon.jpg

The Washington Post reported something interesting on Feb. 14: A farm put up a sign saying “Resist White Supremacy.” And it incurred a surprising amount of online backlash.

Calls for boycotts. Accusations and recriminations. One-star Facebook reviews that had nothing to do with their products.

The article pondered: Who, other than a White Supremacist, would object to a message rejecting white supremacy?

But if you’ve ever protested racism in Japan, or read comments sections in Japanese media, you’ll know these reactions have been old hat for nearly two decades.

In fact, this column will argue that online intolerance and attack have been Japan exports…

Read the rest in the JT at https://www.japantimes.co.jp/community/2018/03/07/issues/white-supremacists-japan-love-story/
==========================================

This will be the anchor site for discussion about the article on Debito.org. Thanks for reading, everyone. Dr. Debito Arudou

PS:  If trolls show up here, as they probably will, as per Commenting Guidelines, Debito.org reserves the right to make public their IP addresses.

============
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Asahi: Japanese living abroad plan unprecedented lawsuit demanding dual citizenship. Bravo!

mytest

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Hi Blog. Here’s something interesting and something to support if you are a Japanese living abroad — the maintenance of your legal identity in the form of dual nationality.

The Asahi reports that several Japanese citizens in Europe unprecedentedly plan to sue the government to abolish the law forcing Japanese to pick one nationality if they take another. Some emigres also want to undo the damage and restore their Japanese nationality.

Naturally, Debito.org wholeheartedly supports this effort.  For too long the embedded binary of “you’re either Japanese or you’re not” (an Ichi-ro or a Ze-ro) has done untold social damage to people of multiple ethnicities and identities.  Nobody in power has ever really listened to them, so now it’s time for the monoethnic Japanese abroad, who want inclusivity for their newfound diversity, to take up the charge.

Here’s hoping they get heard.  Because others who have championed this sort of thing (such as MP Kouno Taro nearly a decade ago) got nowhere even in their own ruling political party.  Enough Japanese already have dual.  Let’s have the law reflect reality (and not institutionalize identity policing) at last.  Dr. Debito Arudou

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

Japanese abroad plan first lawsuit demanding dual citizenship
By ICHIRO MATSUO/ Correspondent
The Asahi Shinbun, February 26, 2018
http://www.asahi.com/ajw/articles/AJ201802260042.html

PHOTO CAPTION: Hitoshi Nogawa, a Japanese-born citizen in Basel, Switzerland, holds his now invalid Japanese passport in Geneva on Feb. 13. The Japanese government refused to renew it in 2015 after he gained Swiss citizenship. (Ichiro Matsuo)

GENEVA–Japanese residing in Europe plan to file a lawsuit demanding the right to dual citizenship, arguing that the Japanese law that forces people to pick only one nationality are outdated, unconstitutional and invalid.

The lawsuit, to be filed against the government at the Tokyo District Court next month, will be the first litigation of its kind, according to the legal team of the eight would-be plaintiffs, who include Japanese living in Switzerland and France.

Six of them have been granted foreign citizenship and want to restore their Japanese nationality.

However, Section 1 in Article 11 of the Nationality Law stipulates that if “a Japanese citizen acquires the nationality of a foreign country at his/her choice, he/she loses Japanese nationality.”

The remaining two want to confirm that they can keep their Japanese citizenship even if they obtain a foreign nationality.

Teruo Naka, a lawyer for the group, says it is unreasonable for Japanese to lose their nationality at a time when they have growing opportunities to live and work regardless of national borders.

“The plaintiffs are hoping to keep their Japanese nationality out of an attachment to Japan and ties with their relatives living in Japan,” he said.

The plaintiffs are expected to argue in court that Section 1 in Article 11 was originally established to prevent the granting of multiple citizenship from the perspective of compulsory military service when the 1890 Constitution of the Empire of Japan was in effect. That clause was automatically passed into the current Nationality Law, which became effective in 1950, after the postwar Constitution took effect in 1947.

Sovereignty rested with the emperor under the previous Constitution, known as the Meiji Constitution. The current Constitution upholds sovereignty of the people.

They will also argue that a wide disparity has grown between the ideal of a single nationality, championed since the Meiji Era (1868-1912), and the current realities of globalization.

The group will also contend that the right to retain Japanese nationality is guaranteed under articles of the current Constitution.

Article 13 of the postwar Constitution, for example, guarantees the right to the pursuit of happiness, they said. Paragraph 2 of Article 22, they noted, states, “Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.”

Unlike in the United States and some European countries, where residents can hold more than one citizenship, the Japanese law still pushes for a single nationality.

Individuals with dual or multiple citizenship, such as children born to Japanese and foreign nationals, are required to select one nationality by the age of 22 under the Nationality Law. Their numbers have increased in recent years with the rise in international marriages in Japan.

If Japanese citizens obtain a foreign nationality through, for example, an international marriage, they are legally obliged to renounce either the foreign or Japanese nationality within two years.

But there is no clause that penalizes those who do not come forward to announce their decision.

“Only those who honestly declare their selection in compliance with the law lose their Japanese nationality,” one of the plaintiffs said.

It is common for Japanese families overseas to acquire the citizenship of their host country for business or employment opportunities.

Hitoshi Nogawa, 74, who leads the plaintiffs and serves as head of the Japanese community in Basel, Switzerland, said he needed Swiss citizenship to enable his company to participate in defense-related public works projects in the country.

Another plaintiff said it is common practice for Japanese expatriates to use their Japanese passports only when they return and leave Japan. Inside their host country, they use the citizenship they have acquired there for business.

It is widely believed that many Japanese with dual citizenship have not declared their status. But not coming forward can lead to problems.

In 2016, questions arose about the nationality of Renho, an Upper House member who then headed the main opposition party. She was born in Japan to a Taiwanese father and Japanese mother, and doubts were raised that she had renounced her Taiwanese citizenship under the Nationality Law. She produced documents showing she did so in 2016.

According to the Foreign Ministry, about 460,000 Japanese with resident status were living overseas as of October 2016. It was not clear how many of them actually held more than one nationality.

Justice Ministry statistics showed that the number of Japanese who renounced their Japanese nationality after selecting a foreign citizenship or for other reasons ranged from 700 to 1,000 annually between 2012 and 2016.
========================
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Kyodo: Official stats on NJ “Trainee” work deaths & accidents; 2x higher than J worker deaths, and likely understated

mytest

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Hi Blog.  Finally, a quarter-century into the horrible government-sponsored NJ “Trainee” program, the GOJ is now releasing actual hard statistics about the people it is killing.  And you can see why it took so long — the numbers are shameful enough to warrant a cover-up:  Between 2014 and 2017, 22 NJ died (almost all due to workplace accidents, but at least one was probably being worked to death).  This is more than twice the on-job fatality rate for J workers.  There were also 475 cases of serious accidents to NJ “Trainees”, and, as activists point out below, this figure is probably understated.

A contrarian might argue that NJ are just accident-prone.  But as the article describes below, working conditions are simply awful, not to mention generally illegal.  And as as Debito.org has pointed out repeatedly over the decades, “the program is rife with abuse: exploitation under sweatshop conditions, restrictions on movement, unsafe workplaces, uncompensated work and work-site injuries, bullying and violence, physical and mental abuse, sexual harassment, death from overwork and suicideeven slavery and murder.

“Things have not improved in recent years. The Health, Labor and Welfare Ministry announced that about 70 percent of some 5,200 companies that accepted trainees in 2015 violated laws, and in 2016 a record 4,004 employers engaged in illegal activities. The program is so rotten that even the United Nations demanded Japan scrap it.” (From Japan Times, Jan. 3, 2018, Item 4)

Anyway, let’s celebrate that we have some official statistics at last, for without them, it’s easy to see why this program can keep going for a quarter-century with little political traction to improve it.  Dr. Debito Arudou

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

Foreign trainee fatality data highlight safety and exploitation issues in Japan
KYODO NEWS/JAPAN TIMES JAN 15, 2018
https://www.japantimes.co.jp/news/2018/01/14/national/social-issues/foreign-trainee-fatality-data-highlight-safety-exploitation-issues-japan/

Work-related incidents killed 22 foreign trainees over a three-year period from fiscal 2014, according to government data, illustrating the risk that laborers brought to Japan will face dangerous or exploitative conditions.

While most of the 22 deaths are believed to have been caused by accidents, one was the result of karōshi (death by overwork), the Health, Labor and Welfare Ministry said Sunday.

The ministry’s figures are the first government statistics to be released on work-related deaths among foreign trainees in Japan.

During the three-year period, there were on average 475 cases of work-related accidents per year that were subject to compensation via industrial accident insurance and which required four or more days of leave for such workers, the data showed.

The ratio of work-related deaths for foreign trainees was significantly higher than the ratio for all workers.

The government introduced the oft-criticized training program for foreign workers in 1993 with the apparent aim of transferring Japanese know-how to developing countries. But the program, applicable to agriculture and manufacturing among other sectors, has drawn criticism at home and abroad as a cover for importing cheap labor.

Cases of illegally long working hours, unpaid wages, violence and other harsh conditions have also been reported.

According to the Justice Ministry, foreign trainees are on the rise, with 167,641 logged in 2014, 192,655 in 2015 and 228,589 in 2016. Given the 22 deaths over the three-year period, the ratio of work-related deaths works out to roughly 3.7 deaths per 100,000 trainees.

For the nation as a whole, labor ministry data show that the tally for work-related deaths in all industries came to 2,957, or 1.7 deaths per 100,000 workers.

Akira Hatate, director of the Japan Civil Liberties Union and an expert on the trainee system, points out that there could be more cases involving foreign trainees due to the government’s lax reporting standards.

He said work-related accidents are more frequent among non-Japanese because they are “unfamiliar with Japanese workplaces (and) as they are usually working for small and midsize companies that give little consideration to safety and health in the workplace. Trainees (also) cannot communicate fluently in Japanese.”

“There are also cases where trainees, who cannot work due to an injury, are forced to return home. Concealment of work-related accidents is rampant,” Hatate said.

In one case of misconduct, a Vietnamese man who was injured on the job said his employer pocketed his insurance payments. The 23-year-old man came to Japan in July 2015 to work at a construction firm in Tokyo. With no prior experience in carpentry, he worked at residential construction sites and his monthly take-home pay was around ¥120,000.

The trainee said he was injured in May 2016 when his thumb was accidentally nailed by a machine. He was hospitalized for five days and after being discharged rested for only one day. The next day he resumed work with his thumb in a bandage. A year later he injured his palm during unloading work.

Even while he was working, his company filed for workers’ compensation, saying the man took a long-term absence and cited a medical certificate stating he required three months to recover.

Roughly ¥900,000 was transferred to the man’s bank account, but the employer told him the money was not his and demanded that he hand it over. The Vietnamese trainee said he was robbed of ¥220,000 in total.

Due to his lack of experience in the field and poor Japanese skills, the man often made mistakes. The president would yell at him to return to his country, and at one point, forced him to kneel and bow in dogeza fashion, an extreme way of apologizing by bowing deeply until the forehead touches the floor.

The man said he endured the mistreatment because he was about ¥1.4 million in debt to various entities, including the agency in Vietnam that got him into the program. He returned to Vietnam last month.

“I wanted to continue working, but I cannot do that under that president,” the man said. Until the end, the president offered no apology, he said.

Shiro Sasaki, secretary-general of the Zentoitsu Workers Union and well-versed on trainee issues, said, “Foreign nationals do not know about the workers’ compensation system, and there are many firms which think that things could just be settled by having the trainees return to their homeland.”

According to Sasaki, the way these firms treat their foreign trainees would never be acceptable to Japanese workers.

The latest data came to light as the government moves to expand the scope of the system amid a nationwide labor shortage and political resistance to boosting immigration.

Under a new law that took effect in November, nursing care was added to the list of fields in which foreign trainees can work. The change was made as firms struggle to overcome an acute shortage of care workers in an industry that is becoming all the more important amid the rapid graying of the population.
ENDS
=======================

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JT: “Coming of age: 1 in 8 new adults in Tokyo are not Japanese”; underanalyzed stats posing as media peg

mytest

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Hi Blog. And while I’m on the subject of questionable social science in journalism, let’s have a gander at this hopeful article in the JT, talking about how “1 in 8 new adults in Tokyo are not Japanese”.

Now that Japan’s Juuminhyou registry system no longer requires citizenship for actual Japan residency, foreign residents can actually be counted like real people (albeit not as the general Japanese demographic population, alas). That has enabled this article to offer a bit of statistical sleight-of-hand, as in saying that Japan is internationalizing because lots of emerging-adult non-citizens came of age in 2017, i.e., 13% of Tokyo’s population.

That’s fine, and a positive development as far as Debito.org is concerned. But not something all that headline-grabbing as a bellwether. After all, the article barely mentions the NJs’ visa status. Are these Permanent Residents who can stay here forever, and make a difference without fearing the loss of their visa? Or are they on something shorter and thus sweepable (or bribable) with the thud of a bureaucratic stamp of “nonrenewal”? (The article mentions the uptick in student and “trainee” visas; precisely my point.  This is not immigration; it’s a reflection of stopgap labor movement.)

And the true measure of internationalization — international Japanese citizens (i.e., Japanese children of international roots) — are not counted at all, once again showing the “embedded racism” of the process (by deliberately reducing Japan’s level of “foreignness” to more comfortable levels by only counting “pure” foreigners in isolation). Then what is a more newsworthy stat?  How about the record numbers each year of NJ residents with Permanent Residency?  That never seem to make much news blip. No wonder. That would actually mean something IS changing.

Instead, we get soft stats in soft newspaper articles like these. Again, fine, but we Old Japan Hands are getting rather sick of hearing prematurely how “Japan is changing” in the media, and getting our hopes up unnecessarily. Let’s have our journalists use some critical thinking and focus on more meaningful trends (such as the stat cited at the very bottom about Tokyo’s overall numbers of NJ residents; albeit again without accounting for visa status). Dr. Debito Arudou

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

Coming of age: 1 in 8 new adults in Tokyo are not Japanese, ward figures show
BY REIJI YOSHIDA, STAFF WRITER
THE JAPAN TIMES, JAN 10, 2018 (excerpt)
Courtesy https://www.japantimes.co.jp/news/2018/01/10/national/coming-age-1-8-new-adults-tokyo-not-japanese-ward-figures-show/

Monday was Coming-of-Age Day, when thousands of new Japanese adults celebrated turning 20 while wearing traditional kimono in commemoration ceremonies.


(Photo courtesy of Reuters and the JT)

But it was not only Japanese citizens who observed the personal milestone in the country. In fact, this year more than 1 in every 8 new adults in Tokyo’s 23 wards are not Japanese citizens, figures compiled by The Japan Times show.

According to data provided by the 23 ward offices, 10,959 new non-Japanese adults live in central Tokyo, or 13 percent of the 83,764 new adults living in the city.

[…]

New adults are defined as those who turned 20 or will turn 20 between April 2, 2017 and April 1 of this year. Those with dual citizenship of Japan and another country are counted as Japanese citizens. In Japan, those with dual citizenship are obliged by law to choose one of the two nationalities by the age of 22.

The ratios look particularly high given that foreign residents accounted for only 4.4 percent of the 9.3 million people living in Tokyo’s 23 wards as of January 2017.

[…]

Experts attributed Tokyo’s recent surge in the number of young non-Japanese to a flood of foreign residents coming with student and training visas.

Japan is suffering from a labor shortage in part because its working population is shrinking due to a low birth rate. This has helped attract a vast number of young foreign workers, in particular to the capital, said Toshihiro Menju, managing director at the Japan Center for International Exchange in Tokyo.

“This trend will continue over the long run. So Japan should not deal with it through ad hoc measures,” he said.

Japan has officially banned the immigration of unskilled foreign laborers, but it has allowed numerous foreign workers to come and work with student and so-called technical trainee visas, Menju said.

According to the metropolitan government, those who live in the city with student visas nearly doubled from 58,764 in 2012 to 104,889 last year.

[…]

Meanwhile, Nobuharu Hikiba, an official with the metropolitan government in charge of policies for foreign residents, also noted that the total number of foreign residents has continued its increase in Tokyo recently and that more foreign residents are staying for longer periods in the capital.

According to the Justice Ministry, the number of foreign residents in Tokyo’s 23 wards surged 25.5 percent from 2013 to hit 410,650 in 2017.

ENDS

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

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Hawaii’s false alarm missile attack of Jan 13, 2018. JT reports: “Hawaii residents spooked but Japanese sanguine”. Poor reporting and social science.

mytest

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Hi Blog. Making news (especially in the United States) was the alert on January 13 sent throughout Hawaii that the islands were under nuclear attack. And there were a number of reports of final messages to loved ones and otherwise panicked behavior as people tried to make use of their final moments. Fortunately, it turned out to be a false alarm, but the local government kept us in suspense for 38 minutes.  That is where the news is — the incompetence of local authorities coupled with international tensions fanned by an incompetent president.

But leave it to the Japan Times to try to draw sociocultural lines around the event. With the smarmy title, “False-alarm missile alert spooks Hawaii residents but Japanese sanguine,” it tried to paint Japanese as preternaturally calm while Americans were panicked. Drawing from a humongous sample size of three — yes, three — “Japanese”, the JT reported juicy quotes such as this:

[Megumi] Gong, [a housewife and college student from Shizuoka Prefecture who has lived in Honolulu for the last three years], characterized the differences between how Americans and Japanese reacted as “fascinating.” “I don’t know if it is a sense of crisis or an obsession with life, or whether one is more accustomed to emergency situations, but the difference in the responses is fascinating,” she said. Japanese, Gong said, “are afraid” but “aren’t panicked” — a kind of “it cannot be helped” attitude. “We don’t call our family to say I love you. We still go to work,” she said. “Also, we give up fast,” as if we “will die if the missile” comes. We “can’t do anything.”

Such is the blindness of transplant diaspora, who act, without any apparent social science training, as Cultural Representative of All Japan, wheeled out to represent an entire society of more than 100 million as a “we” monolith, and taken seriously by media merely by dint of her having Japanese background.  And in contrast, at least one of my contacts in Hokkaido (which also had a DPRK missile alert (for real) over Oshima Hantou and Erimo last September) would disagree with the lack of local panic.

When I raised the faulty social science on the JT discussion board, one respondent pointed out:

I believe one of the points of the article is to show contrast between those that are familiar with situations like this, and those that are not. Some people have a tendency to rely on either experience, or some sort of education that dictates initial reaction. When people cannot extrapolate a clear path of action based on an educated or experienced mindset, they have nothing to rely on, so they ignorantly panic instead. If anything, this article tells me that the “locals” need a solid plan they can focus on when the next alarm goes off. Ignorance can certainly be disastrous.

That point would be fair enough.  Except that the article didn’t actually say that.  It just smarmily made the case that Americans panic and Japanese don’t — by temperament, not by training.

As for the local panic point:  I’m in Hawaii too, and I didn’t even know about the missile alert until it was called off as a false alarm.  (January 13 just so happens to be my birthday, and I was sleeping in.)  Why?  Because nobody in my neighborhood panicked.  Some reports made it seem to be more of a Waikiki thing, which calls into question how many of these tourists were “Americans” in the first place.

Poor reportage, Japan Times.  You can do better than this.  Dr. Debito Arudou

===================================
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A Top Ten for 2017: Debito’s Japan Times JBC 110: “In 2017, Japan woke up to the issue of discrimination”

mytest

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JUST BE CAUSE
justbecauseicon.jpg

Hi Blog. As is tradition, here is JBC’s annual countdown of the top 10 human rights events as they affected non-Japanese (NJ) residents of Japan over the past year, as published in The Japan Times.

ISSUES | JUST BE CAUSE
In 2017, Japan woke up to the issue of discrimination [NB: I didn’t write the headline.]
BY DEBITO ARUDOU
THE JAPAN TIMES, JAN 3, 2018

https://www.japantimes.co.jp/community/2018/01/03/issues/2017-japan-woke-issue-discrimination/

(Version with links to sources.)

In ascending order:

10) As Japan’s population falls, NJ residents hit record

Figures released in 2017 indicated that Japan’s society is not just continuing to age and depopulate, but that the trends are accelerating. Annual births fell under 1 million — a record low — while deaths reached a record high. The segment of the population aged 65 or older also accounted for a record 27 percent of the total.

In contrast, after four years (2010-2013) of net outflow, the NJ resident influx set new records. A registered 2.38 million now make up 1.86 percent of Japan’s total population, somewhat offsetting the overall decline.

Alas, that didn’t matter. Japanese media as usual tended to report “Japan’s population” not in terms of people living in Japan, but rather Nihonjin (Japanese citizens), indicating once again that NJ residents simply don’t count.

9) ‘Hair police’ issue attracts attention with lawsuit

Japan’s secondary schools have a degree of uniformity that stifles diversity. And this trend reached its logical conclusion with the news that one school was forcing children with natural hair color that’s anything but black to dye and straighten their locks.

We talked about dyeing a decade ago (“Schools single out foreign roots,” July 17, 2007), noting its adverse effects on children’s physical and mental health. Yet the Asahi Shimbun reported in May that 57 percent of surveyed Tokyo metropolitan high schools still require “proof of real hair color.” In Osaka, it’s more like 80 percent.

Last October a student filed suit against Osaka Prefecture for mental anguish. Kaifukan High School in the city of Habikino had forced her to dye her naturally brown hair every four days, regardless of the rashes and scalp irritation. When even that proved insufficiently black, she was barred from a school festival and deleted from the school register.

The tone-deaf school justified this by saying, “Even a blond-haired foreign exchange student dyed her hair black.” This lawsuit’s outcome will signal whether Japan’s increasingly diverse student population can ever escape this kind of institutionalized harassment. But at least one student is standing up for herself.

8) Five-year limit on contract employment backfires

As reported in the JT by Hifumi Okunuki (“‘Five-year rule’ triggers ‘Tohoku college massacre’ of jobs,” Nov. 27, 2016), Japan’s Labor Contract Law was revised in 2013 to increase worker job security. To put an end to perennial full-time contracted employment, anyone working more than five years on serial fixed-term contracts will now be able to switch to normalized full-time noncontracted (seishain) status if they wish.

However, the law was not retroactive and the clock started ticking on April 1, 2013, so as the five-year deadline approaches this coming April, employers are now terminating contracts en masse: Last April, Tohoku University told 3,200 employees their current contracts would be their last.

But contract law has a special impact on NJ workers, as many endure perpetual contracted status (especially educators in Japan’s university system). The five-year rule has now normalized the practice of periodically “vacationing” and “rehiring” NJ to avoid continuous contracts, while encouraging major companies to finagle NJ employees’ working conditions by offering them “special temp status” (for example, explicitly capping contracts at less than five years).

Hence the bamboo ceiling remains alive and well, except it’s been expanded from just filtering out foreign nationals to affecting anyone.

7) Hate-speech law has concrete effects

Despite concerns about potential infringement of freedom of speech, a hate speech law was enacted in 2016 to, among other things, specifically protect foreign nationals from public defamation. It worked: Kyodo reported last year that xenophobic rallies, once averaging about one a day somewhere in Japan, were down by nearly half. Racialized invective has been softened, and official permission for hate groups to use public venues denied.

Of course, this hate speech law is not legislation with criminal penalties against, for example, racial discrimination. And it still assumes that noncitizens (rather than, for example, members of “visible minorities” who happen to be citizens) need special protection, incurring accusations of favoritism and “reverse discrimination.”

Nevertheless, according to the Mainichi, haters have been chastened. A report quotes one hate rally attendee as saying that before the law change, “I felt like anything I said was protected by the shield of ‘freedom of speech’… I felt safe because I knew the police officers would protect us. It felt like we had the upper hand.”

Not so much anymore.

6) Pension system qualification lowered to 10 years

Last year saw an important amendment to Japan’s state pension (nenkin) rules. Until last August, you had to invest a minimum of 300 months, or 25 years, in the various schemes to qualify for payouts after reaching retirement age.

Japan thus turned workers into “pension prisoners” — if you ever took your career elsewhere, you would get at most a small lump-sum payout from Japan, and possibly zero from your new country of residence for not paying in enough. (It was especially punitive toward Japan’s South American workers, who forfeited pensions when bribed by the government to “return home” during 2009’s economic downturn.)

Although things have improved under bilateral totalization agreements (where pension payments in designated countries get counted toward Japan’s 25-year minimum), this year Japan lowered the bar to the more reasonable 10 years. (More on this at www.debito.org/?p=14704.)

Of course, this does not resolve the fact that Japan will have the highest proportion of pensioners anywhere on Earth. Payouts and minimum retirement ages will be revised accordingly to make the pension worth little. But still, it will not be zero, and payments can be claimed anywhere in the world when you’re ready.

5) Renho resigns, Democratic Party withers

In 2016, in an unprecedented move, a member of an ethnic minority became the leader of a major Japanese political party. Alas, that party was the Democratic Party (formerly the Democratic Party of Japan), which in 2017 crumbled into nothing.

Renho, a Taiwanese-Japanese who served in Cabinets under two DPJ prime ministers, was a popular reformer. (She was re-elected in 2010 with a record number of votes for her district.) However, last year her integrity was questioned when it emerged that she had technically retained dual citizenship by not formally renouncing her Taiwanese nationality. That was rectified in July, but weeks later Renho resigned, ostensibly to “take responsibility” for a poor DP showing in the Tokyo prefectural election. From there, the DP downward-spiraled into virtual oblivion.

Many Japanese politicians have been tainted by scandal merely for associating with foreign types (for example, former DPJ Foreign Minister Seiji Maehara in 2011). Renho, alas, could not escape the stigma of her own putative “foreignness” — a huge setback for Japan’s politically invested ethnic minorities.

4) ‘Trainee’ program expanded, with ‘reforms’

Since 1993, to offset a labor shortage in Japan’s rusting small-firm industries, the government has been providing unskilled labor under an ostensible training program for foreign workers.

However, because “trainees” were not legally “workers” protected by labor laws, the program was rife with abuse: exploitation under sweatshop conditions, restrictions on movement, unsafe workplaces, uncompensated work and work-site injuries, bullying and violence, physical and mental abuse, sexual harassment, death from overwork and suicideeven slavery and murder.

Things have not improved in recent years. The Health, Labor and Welfare Ministry announced that about 70 percent of some 5,200 companies that accepted trainees in 2015 violated laws, and in 2016 a record 4,004 employers engaged in illegal activities. The program is so rotten that even the United Nations demanded Japan scrap it.

So guess what: In 2014, Prime Minster Shinzo Abe announced it would be expanded. Once restricted to the construction, manufacturing, agricultural and fishery industries, as of November it also includes nursing and caregiving. New opportunities were also proposed in “special economic zones” (so that foreign college graduates with Japanese language skills can pull weeds and till farmland — seriously). Furthermore, visas will be longer-term (up to five years).

To counter the abuses, the government also launched an official watchdog agency in November to do on-site inspections, offer counseling services to workers and penalize miscreant employers. But labor rights groups remain skeptical. The program’s fundamental incentives remain unchanged — not to actually “train” foreign laborers (or even provide Japanese language instruction), but rather to exploit them as cheap unskilled labor.

So expect more of the same. Except that now the program will ingest even more foreign workers for longer. After all, uncompetitive factories will continue to use cheap labor to avoid bankruptcy, construction will expand due to the Olympics, and more elderly Japanese will require caregivers.

3) North Korean missile tests and the fallout

Last year North Korea, the perpetual destabilizer of East Asia, commanded even more worldwide attention than usual (even popularizing the obscure word “dotard” among native English speakers). Flexing its muscles as a probable nuclear power, it test-fired missiles over Japan. The Japanese government responded by calling 2017 “the most severe security environment since the end of World War II” and warned regions of launches via the J-Alert system, while local authorities ran duck-and-cover-style nuclear attack drills.

This is but the most recent episode in a long history of Japan-North Korea reactionary antagonism. However, Japan is particularly wary of the possibility of infiltration. Members of the North Korean diaspora live in Japan (attending ethnic schools with photos of the Kim dynasty on their walls), with established networks for smuggling, money laundering and kidnapping of Japanese.

Essentially, North Korea’s international recklessness and habitual stupidity empower Japan’s warmongers and xenophobes to reinforce Japan’s bunker mentalities. They’ve successfully created domestic policies (such as the new “anti-conspiracy law”) that curtail civil, political and human rights for foreign and Japanese nationals alike — all legitimized based on the fear of North Koreans gaining even an iota of power in Japan.

Thus, North Korea’s antics ruin Japan’s liberal society for everyone. And last year Kim Jong Un upped the ante.

2) Abe glides to fifth electoral victory

In October, PM Abe won his fifth straight election (Lower House 2012, Upper House 2013, Lower House 2014, Upper House 2016, and this time Lower House 2017). No Japanese leader has ever enjoyed such a winning streak. But why?

Abe’s success is partly down to an aging society being predictably more conservative. No political party in the democratic world has held on to power as long as Abe’s Liberal Democratic Party. Voting LDP, particularly in rural Japan, where votes count more than urban ones do, is often generational habit.

It’s also partly due to an opposition in disarray: After the DP stumbled and fell, the newly formed Kibo no To (Party of Hope) (whose policies weren’t all that different from the LDP’s) soured under the leadership of mercurial Tokyo Gov. Yuriko Koike — who resigned as party head, effectively abandoning her baby, in November.

And, to give due credit, it’s partly because Abe offers reassuring policies that, as usual for the LDP, sloganize stability and preservation of the status quo over concrete results or necessary reforms.

As far as Japan’s NJ residents are concerned, this election offered no good news. No party offered any policy improvements whatsoever for Japan’s international residents. (As noted above, how could they, what with North Korea’s missiles flying overhead?)

But xenophobia in fact had political traction: A prerequisite for DP politicians to defect to Kibo no To was a pledge to oppose suffrage rights for NJ permanent residents — for fear, they openly argued, that NJ would swarm into a voting bloc and take control over regions of Japan!

In sum, 2017’s election was not a rout of the opposition as has been seen before; the ruling coalition even lost a few seats. Moreover, the biggest victors, a new Constitutional Democratic Party streamlined of wishy-washy former DP members, offered a clear voice to the strong opposition among Japanese to changing the Constitution.

That said, JBC believes those changes will probably happen anyway, because despite this year’s scandals (e.g., the Moritomo Gakuen and Kake Gakuen school debacles), five wins at the ballot box have made it clear that voters are just fine with Abe in power, whatever he does.

1) Government human rights survey of foreign residents

In March, the Justice Ministry released the results of a nationwide survey of NJ about the discrimination they face. It offered valuable insights: Nearly 40 percent of respondents looking for a place to live in the past five years had been refused for being foreign (and this did not include multiple rejections); more than a quarter gave up on a place after seeing a “no foreigners” clause.

Twenty-five percent of respondents looking for work said they had been rejected for being foreign, and nearly a fifth said they had received a lower salary for the same reason. Nearly 30 percent said they were targeted by race-based insults. More than 37 percent said they supported a law against “foreigner discrimination” (sic).

There’s lots more (see “Time to act on insights on landmark survey,” JBC, April 26), and even with all the caveats (e.g., excluding Japan’s visible-minority citizens, who tend to be treated as foreigners, and offering no questions about discrimination by officialdom, such as police street ID checks or the manufacturing of fictitious foreign crime waves), it’s an unimpeachable set of official stats that may, despite the xenophobic political climate, result in future antidiscrimination policies.

Bubbling under:

Osaka cuts sister-city ties with San Francisco as “comfort women” wartime sex slavery issue heats up.

Turkish resident Ibrahim Yener wins discrimination lawsuit against Osaka car agency — without using a lawyer.

In an international child custody dispute, Japan’s Supreme Court OKs defying a Hague Convention return order from a U.S. court, enabling future child abductions to Japan regardless of the treaty.

Record numbers of foreign tourists come to Japan and spend.

More NJ deaths in official custody, including those incarcerated at immigration detention centers and a New Zealander who died while strapped to a bed at a psychiatric hospital.

Charles Jenkins, U.S. Army deserter to North Korea and husband of a Japanese woman abducted to the same country, dies in Niigata Prefecture at age 77.

ENDS

=======================================
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Working on 2017’s Top 10 Human Rights Events that affected NJ residents of Japan. What do you think should be included?

mytest

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Hi Blog. I’m working on my annual Top 10 Human Rights Events of 2017 that affected NJ residents of Japan. (Here’s the list for 2016.)  Do Debito.org Readers have any suggestions about what should make the list?

Remember a) these must be events, not just ongoing issues (although they could be events that punctuate or illustrate the larger issue), b) these events must have occurred in 2017, and c) they must have a distinct effect on NJ residents in Japan.

Based upon that, what do you think mattered last year? Please let us know in the Comments Section below. Thanks, and happy holidays. I’ll put Debito.org on Holiday Tangent mode shortly. Dr. Debito Arudou

==================================
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Flawed academic article on Otaru Onsens Case et al.: “Discrimination Against Foreigners in Japan”, in Journal of Law and Policy Transformation

mytest

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Hi Blog. The Otaru Onsens Case (1993-2005), one of the most prominent lawsuits against racial discrimination in Japan’s history, continues to live on both in law and social-science academic journals.

The most recent, citing a lot of online sources (but not the definitive book on the case, “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan“), came out last July in the “Journal of Law and Policy Transformation” (Editorial Board here).

However, if this paper was from a student in my Research Methods class, I would dock points for a number of things here, not least the lack of peer-reviewed sources cited.  It’s essentially taking all the work from Debito.org (particularly from here) and rehashing it as a show-and-tell for academic credit, moreover without reading the most recent books and analyses on cases since then; plus it has a number of typos, and a rather glib final conclusion that:

[A]s it correctly noted [sic] by Yoshio Sugimoto[,] “contemporary Japanese society is caught between the contradictory forces of narrow ethnocentrism and open internalization [sic]“. This proves the fact [sic] that passing laws at all levels of government outlawing discrimination in Japan is just a matter of time.

As written, I don’t logically follow.

(I have the feeling even the article title was readjusted by the gatekeepers to revert the issue back to “foreigner discrimination”, making it once again an issue of nationality, and glossing over the fact that one of the excluded plaintiffs in the Otaru Onsens Case was in fact NOT foreign.  Moreover, reading the Abstract below, I note how even the summary must include a disclaimer that the “foreigners” are partially to blame for their being discriminated against “due to differences in language, religion, custom and appearance as well”.)

Anyway, congrats I guess on keeping the issue and the information in circulation, and for getting this into the research canon past the academic gatekeepers who would rather not see discrimination in Japan as racial in nature.  Dr. Debito Arudou

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

Citation:
EKATERINA, Kostina. Discrimination Against Foreigners in Japan. Journal of Law and Policy Transformation, [S.l.], v. 2, n. 1, p. 183-203, july 2017. ISSN 2541-3139. Available at: <http://ejournal.uib.ac.id/index.php/jlpt/article/view/80>.

Abstract
The notion of Japan as a homogeneous society has been challenged by many recent studies. In fact, Japan is a home to different minority groups, ethnic and non-ethnic. Although the percentage of resident foreigners is relatively low comparing to other countries, acts of racial discrimination against them occur in everyday life in Japan. Thus, this study discusses how the foreigners are treated in Japan, and therefore tends to answer the question whether the legislation exists in order to protect their rights and penalize discriminatory activities committed by citizens or organizations. The study reveals that although Japan signed the UN Convention on the Elimination of Racial Discrimination (CERD), the problem of racial discrimination against foreign nationals still remains considerable. There are many reported incidents of human rights violation and discrimination practice against foreigners among individuals due to differences in language, religion, custom and appearance as well. Some of the cases handled by the human rights organs of the Ministry of Justice include the refusals of apartment rental or entrance to a public swimming pool on the grounds of being a foreigner. The study suggests that Japan should introduce new legislation to combat discrimination.

http://ojs.uib.ac.id/index.php/jlpt/article/view/80/52

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Reuters: “Who is Kazuo Ishiguro?” Japan asks, but celebrates Nobel author as its own. Very symptomatic of Japan’s ethnostate.

mytest

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Hi Blog.  About a month ago, Briton Kazuo Ishiguro, who writes exclusively in English, won the Nobel Prize for Literature.  Predictably, Japan’s media boasted that a third Japanese writer (with the caveat that he was Japan-born) had won a Nobel.

Well, not really.  Imagine, say, Germany claiming as their own all the Nobel-laureate scientists of the Deutsch diaspora living abroad, even those without actual German citizenship, for however many generations?

In Japan, this highly-questionable social science is hardly problematized.  As noted below by Reuters, a similar claim was laid to Shuji “Slave” Nakamura, inventor of the LED, who due to his foul treatment by Japan’s scientific and academic communities quite actively disavows his connections to Japan (in fact, he urges them to escape for their own good).  Same with Yoichiro Nambu, who got Nobelled as a team in 2008 for Physics, yet had been living in the US since the 1960s, was a professor emeritus at the University of Chicago, and had even relinquished Japanese citizenship and taken American.

I suspect these odd claims massage a rather insecure national pride.  Also because they are largely unquestioned under the concept of Japan as an ethnostate, where nationality/citizenship is directly linked to blood ties.  That is to say, anyone who is of Japanese blood can be claimed as a member of the Japanese societal power structure (i.e., a Wajin).  And the converse is indeed true:  Even people who take Japanese citizenship but lack the requisite Wajin blood are treated as foreign:  Just ask Japan’s “naturalized-but-still-foreign” athletes in, say, the sumo wrestling or rugby communities.

It’s a pretty racist state of affairs.  One I discuss in depth in acclaimed book “Embedded Racism” (Lexington Books, 2015).  And, as I argue in its closing chapter, one that will ultimately lead to the downfall of a senescent Japan.  Dr. Debito Arudou

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“Who’s Kazuo Ishiguro?” Japan asks, but celebrates Nobel author as its own
Chang-Ran Kim. Reuters, October 5, 2017, courtesy lots of people
https://www.reuters.com/article/us-nobel-prize-literature-japan/whos-kazuo-ishiguro-japan-asks-but-celebrates-nobel-author-as-its-own-idUSKBN1CB0FZ

TOKYO (Reuters) – Minutes after Japanese-born Briton Kazuo Ishiguro was announced as the winner of this year’s Nobel Prize for Literature, Japanese took to Twitter to ask: “Who (the heck) is Kazuo Ishiguro?”

For those who had never heard of the author of “The Remains of the Day” and other award-winning novels, the name that flashed across smartphones and TV screens was puzzling – it was undoubtedly Japanese-sounding, but written in the local script reserved for foreign names and words.

Far from the super-star status that his erstwhile compatriot – and perpetual Nobel favorite – Haruki Murakami enjoys, Ishiguro is not a household name in Japan.

But by Friday morning, the nation was celebrating the 62-year-old British transplant, who writes exclusively in English, as one of its own, seizing on his own declaration of an emotional and cultural connection to Japan, which he left at age five.

“I’ve always said throughout my career that although I’ve grown up in this country (Britain) … that a large part of my way of looking at the world, my artistic approach, is Japanese, because I was brought up by Japanese parents, speaking in Japanese,” Ishiguro said on Thursday.

Japanese newspapers carried his Nobel win as front-page news, describing him as a Nagasaki native who had obtained British citizenship as an adult.

“On behalf of the government, I would like to express our happiness that an ethnic Japanese … has received the Nobel Prize for Literature,” Japan’s chief government spokesman said.

The Sankei daily boasted: “(Ishiguro) follows Yasunari Kawabata and Kenzaburo Oe as the third Japanese-born writer” to win the prize.

The country similarly celebrated with gusto the 2014 Nobel Prize co-winner in physics, American Shuji Nakamura, despite his having abandoned his Japanese nationality years ago. Japan does not recognize dual citizenship for adults.

Many Japanese are familiar with Ishiguro’s 2005 dystopian novel “Never Let Me Go” through its dramatisation in a local TV series last year, though the fact that Ishiguro wrote the work was less known. In the last 16 years, Hayakawa Publishing, which holds exclusive rights to translate Ishiguro’s works into Japanese, sold less than a million of his eight titles.

Japanese may yet yearn for an elusive Nobel for Murakami, but for now, Ishiguro is their man of the hour.

“Since last night, we’ve received orders for 200,000 copies,” Hiroyuki Chida at Hayakawa Publishing said. “That’s unthinkable in this day and age.” ENDS

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

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Japan Times JBC 109: “‘Attach the evidence and wait for your day in court,’ says Turkish plaintiff after Osaka victory”

mytest

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Hi Blog. More on the Yener Case, featured prominently on Debito.org in the past, in my latest JBC column.  Dr. Debito Arudou

JUST BE CAUSE
justbecauseicon.jpg

‘Attach the evidence and wait for your day in court,’ says Turkish plaintiff after Osaka victory
By Debito Arudou
Just Be Cause column 109 for the Japan Times Community Page, October 12, 2017
Courtesy https://www.japantimes.co.jp/community/2017/10/11/issues/attach-evidence-wait-day-court-says-turkish-plaintiff-osaka-victory/

On Aug. 25, the Osaka District Court handed down a landmark ruling in a discrimination lawsuit.

Ibrahim Yener, a Turkish national and 14-year resident of Japan, was refused service last October by an Osaka used car dealer, which stated in an email (text at www.debito.org/?p=14743) that they would not serve foreign customers. The car company also stipulated that even if the customer legally holds Japanese citizenship, they would only sell to people who could “hold their own (sonshoku ga nai) against native speakers” in terms of Japanese language ability (as determined solely by the car company).

Yener felt this was discriminatory, filed suit and won. The presiding judge said that it “was based on prejudice that a foreigner would cause trouble and does not justify the discriminatory treatment.”

But what made this case particularly noteworthy is that Yener navigated Japan’s legal system all by himself — without a lawyer.

Thus this case offers potential lessons for other non-Japanese or international Japanese who face similar discrimination. JBC contacted Yener last week to find out more about the thinking behind bringing the case.

What motivated you to file the lawsuit? Were you trying to show the public that it could be done without a lawyer? Or were you just angry after all the other cases of discrimination you say you faced? What made you say “Enough is enough!”?

I faced so many discrimination issues during my 14 years in Japan. I will give you two examples: […]

Read the rest at https://www.japantimes.co.jp/community/2017/10/11/issues/attach-evidence-wait-day-court-says-turkish-plaintiff-osaka-victory/

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

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New Japanese “Party of Hope” remains unhopeful for Japan’s NJ residents, requiring new party entrants to deny all NJ voting rights

mytest

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Hi Blog. In case you haven’t heard, the center-left (and former governing party) Democratic Party of Japan (once Minshuutou, now Minshintou), has suffered a further blow to its existence, now having to sell its factional soul to a new party (Kibou no Tou, or the “Party of Hope”) headed by a name-brand candidate and Governor of Tokyo (Koike Yuriko). Koike is ostensibly just about as far-right as PM Abe’s Liberal Democratic Party. As proof of that:  In the JT article below, KnoT is demanding as a litmus test that new party entrants from the DPJ sign on to a party platform denying NJ residents (including Permanent Residents) the right to vote in any elections.

Given that PR in Japan, a legal status that is reasonably hard to achieve (and specific to Japan when it comes to its “Special Permanent Residents” (tokubetsu eijuusha), i.e., the Zainichi Koreans and Chinese “generational foreigners” and descendants of former citizens of empire), requires significant time and commitment to Japan, this is yet another slap in the face to people who stay (in many cases their entire lives), pay taxes, and contribute to society the same as any other citizen. The alarmism that KnoT in the article below displays is straight out of the LDP handbook — arguing that giving foreigners any power would mean they would turn against Japan, even secede — which is nothing short of distrust of foreigners’ very existence in society. Or xenophobia, for short.  (One LDP poster even compared NJ suffrage to an alien invasion — complete with a UFO!)

In sum, voters have a choice between two viable parties now, both rightist with essentially the same platform, except that one is PM Abe and one is Rewarmed Abe, for those who don’t like the man and would prefer a shiny new woman. Sigh. Meanwhile, Japan’s tolerant left will remain in disarray for the foreseeable future. Dr. Debito Arudou

PS:  And just in case you were wondering, “Don’t all countries require citizenship in order to vote?”, here’s an article that says not always:  in fact, it says one in every four democracies has some kind of foreign suffrage.

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

Tokyo Gov. Yuriko Koike defends her party’s policy of not granting foreign residents in Japan the right to vote
BY TOMOHIRO OSAKI, STAFF WRITER
THE JAPAN TIMES, OCT 6, 2017, Courtesy of TJL
Courtesy of https://www.japantimes.co.jp/news/2017/10/06/national/politics-diplomacy/tokyo-gov-yuriko-koike-defends-partys-policy-not-granting-foreign-residents-japan-right-vote/

Tokyo Gov. Yuriko Koike on Friday defended her recently launched party’s policy of denying foreign residents in Japan the right to vote or run in local elections, stating that such measures are necessary to protect the national interest.

Controversy over the policy was stirred when her nascent party, Kibo no To (Party of Hope), required new members switching from the disintegrating opposition Democratic Party to confirm their agreement to the policy of denying non-Japanese local suffrage before being allowed to join the new party.

In an official list of campaign pledges unveiled Friday the party skirted the issue, but Koike didn’t rule out the later incorporation of denying suffrage to foreign nationals.

“If we give foreign residents the right to vote and run in local elections, we need to consider what may happen in those small, thinly populated islands, where people with a certain motive may be able to wield significant power,” Koike told a news conference in Tokyo.

“We need to approach the issue from the perspective of how to protect our nation,” she said…

Rest of the article at
https://www.japantimes.co.jp/news/2017/10/06/national/politics-diplomacy/tokyo-gov-yuriko-koike-defends-partys-policy-not-granting-foreign-residents-japan-right-vote/

==============================
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“Japanese Only” rules mutate: Hagoromo-yu, a bathhouse excluding LGBT in Shibuya-ku, Tokyo, in reaction to local same-sex-partner ordinance

mytest

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Hi Blog. As Debito.org has argued for decades, if you don’t make discrimination explicitly illegal, it spreads and mutates.

Now we have a bathhouse (the most famous type of “Japanese Only” businesses in Japan) named Hagoromo-yu, in cosmopolitan Shibuya-ku, Tokyo, which has a sign up explicitly refusing custom to all LGBT customers “who don’t follow rules and morals, or don’t practice moderation” (setsudo o mamoru).

But here’s the nasty kicker (and brazen nastiness seems to be the hallmark of Japan’s excluders these days; just consider the antics of Osaka car dealer Autoplaza in the recent Yener Case).  The sign even includes this iyami on the bottom, striking back against the unusual progressiveness of the local government:

Shibuya-ku has established the ‘same-sex partners ordinance’, but we at this store will refuse service to any LGBT customers who who don’t follow rules and morals, or don’t practice moderation.”

How nice. Here’s where this place is located, for the record:

料金:入浴料 460円/サウナ使用 ・ 入浴料 1,000円
営業時間:14:00 ~ 深夜 1:00 (日曜日は14:00 ~ 深夜 24:00)
住所:東京都渋谷区本町3-24-20

Hagoromo-yu, 〒151-0071 Tokyo, Shibuya, Honmachi, 3−24−20 Tel. 03-3372-4118, no dedicated website.

Courtesy of TL on Sept. 4, 2017.  Although this isn’t explicitly a Debito.org issue (on the treatment of International Residents and Visible Minorities in Japan), this is still an issue of minority treatment, and as such warrants a mention.  Feel free to give them a piece of your mind, as “moderately” as you like.  Dr. Debito Arudou

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

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Nikkei: Japan’s “Japanese Only” apartment rental market may adversely affect NJ worker retention during labor shortage

mytest

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Hi Blog. Earlier this year the GOJ released a nationwide survey of discrimination toward NJ in Japan (details on Debito.org here and here). Debito.org predicted that the results of this could be (and would be) something the media would cite, now that they had tangible statistics.   (Even though, as reported previously on Debito.org, in the Nikkei Asian Review’s case, they would periodically still try to explain them away. But it would still be cited nonetheless.)  Here’s the latest example, again from the Nikkei Asian Review, with the shocking statistic, “Almost nine of 10 private housing units in Tokyo do not allow foreign tenants”.  Dr. Debito Arudou

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

As Japan looks for river of foreign talent, landlords erect a dam
Discrimination could hinder companies hiring more from overseas
Nikkei Asian Review, August 23, 2017
By TSUBASA SURUGA, Nikkei staff writer
https://asia.nikkei.com/Politics-Economy/Policy-Politics/As-Japan-looks-for-river-of-foreign-talent-landlords-erect-a-dam

TOKYOSamith Hilmy, a 26-year-old student from Sri Lanka, was waiting anxiously at a real estate office in Tokyo as an agent went through the procedure of ringing the Japanese landlord of an apartment the student was interested in renting.

Following a brief exchange, which lasted no more than 10 seconds, Hilmy said, the agent hung up the phone and uttered the same three-word phrase he had heard from a dozen or so agents over a month of home hunting: “Sorry, no foreigners.”

When Hilmy first arrived in Japan in April, his Japanese language school set him up in an apartment for six months in Shin-Okubo, a district in the capital’s Shinjuku Ward. But he has to leave the place soon, and time is short.

He said he has also encountered some real estate agents that demanded four to five months’ worth of rent up front — some want a year’s worth — as “insurance” in case he leaves the apartment or the country without notice.

“I felt,” he said, “like I was being treated like a criminal.”

Hilmy’s odyssey is not unlike the reality faced by many foreigners living in Japan. This year, the country released a first of its kind national survey that highlighted the extent of housing discrimination foreigners face.

According to the study, released by the Ministry of Justice in March, out of 2,044 foreign residents who had sought housing within the past five years, 39.3% reported being turned down because they were not Japanese.

The impact is now being felt by employers. In recent years, numerous Japanese manufacturers and services have been trying to make up for the country’s shrinking labor force by looking elsewhere for workers. They want to create an inflow of talent, but housing discrimination could become a dam.

As of last October, Japan had 1.08 million foreign workers, up 58% from five years earlier, accounting for around 2% of the total workforce, according to the Ministry of Health, Labor and Welfare.

They have to endure the humiliating phone call that often ends with a “sorry, no foreigners” because some landlords worry about tenants from other countries flying the coop, so to speak.

A few years ago, a 63-year-old landlord from Tokyo’s Ikebukuro district who asked not to be named rented an apartment to a male Chinese student. After six months or so, he said, neighbors began reporting that two other men had moved into the same flat, “often making a racket late at night.”

When the neighbors confronted the student, the tenant pretended not to understand Japanese. “It made me more hesitant [to rent to foreigners],” the landlord said. “I just don’t want any more trouble.”

Hiroyuki Goto, CEO of Global Trust Networks, a Tokyo-based guarantor service provider for foreign tenants, said not many landlords have actually had these kinds of experiences but the stories “have spread across the country, causing fear among landlords.”

Other reasons include landlords who assume foreign tenants would trouble neighbors — from Brazilians throwing large home parties and firing up the barbecue to American college students who like partying into the night in their apartments.

Goto said even if prospective tenants are skilled workers with stable jobs at big-name Japanese companies, many housing units remain out of reach.

Total OA Systems — a Tokyo-based IT consultancy with 200 or so employees, including those in China and the Philippines — plans to expand the number of its foreign engineers working in Japan. It currently has only a handful.

The IT industry is suffering from a significant labor shortage, and the consultancy was acutely aware of the discrimination problem last year when it welcomed a systems engineer from the Philippines. To dodge any hassles, the company consulted a property agent that caters to foreigners, whom industry players describe as an “underwhelming minority” in Tokyo.

Even real estate agencies with experience helping foreigners run into the same problem: “Almost nine of 10 private housing units in Tokyo do not allow foreign tenants,” according to Masao Ogino, CEO of the Ichii Group. “It is still an extremely exclusive market.”

Tsuyoshi Yamada, a human resources manager at Total OA Systems, said a lack of sufficient support for non-Japanese employees, including in regard to housing, could throw a hurdle up in front of the company’s plan to bring in overseas talent.

This concern is particularly strong for smaller IT companies like Yamada’s. “Even if we finally find a promising engineer,” he said, “retention could become a problem.”

Some companies are taking the matter into their own hands. YKK recently opened a small serviced apartment complex for its foreign-born employees in Kurobe, Toyama Prefecture, central Japan. Its flagship plant is a 10-minute drive away.

The world’s leading zipper maker is getting ready to expand into the low-end segments in China and other parts of Asia. To get a head start, it is training more foreign employees who could go on to become managers at these plants and elsewhere. These trainees work stints of up to three years in Kurobe.

The 10 apartments are close to full with engineers from Indonesia and other countries, and YKK is already considering whether it needs more housing for the more than 30 overseas engineers it plans to welcome every year.

YKK’s foreign employees used to live in other company dormitories or in private housing rented by the company. YKK said it has not experienced landlords rejecting its foreign-born employees but feels its serviced apartments help these workers avoid cultural quibbles with would-be neighbors.

More serviced apartment units would “allow [the foreign employees] to concentrate on their training from the day after they arrive to Japan,” a representative said.

Japan has no law prohibiting landlords from refusing applicants based on ethnicity or nationality.

“Judicially, the only way to resolve such a rejection is through civil lawsuits, which is an extremely high hurdle for foreigners,” said Yumi Itakura, an attorney with the Tokyo Public Law Office, citing costly trial fees and a lack of law firms with enough capacity to help non-Japanese clients.

But there have been efforts by industry players to tackle the issue. The Japan Property Management Association, a group of over 1,300 companies handling some 5 million properties, in 2003 created guidelines that include advice for landlords and real estate agencies in dealing with prospective foreign tenants.

“In some countries, a rental contract doesn’t require a guarantor [which is common in Japan],” one piece of advice says. “Housing rules differ by country and region, therefore you should carefully explain the values and customs that are behind Japan’s housing rules.”

For foreign tenants, the association created an “Apartment Search Guidebook,” which describes the country’s common housing rules in six languages. An example: “Living with people other than those stated in the rental agreement or sub-leasing the property are violations of the rental agreement.”

At the local government level, Tokyo’s Shinjuku Ward is a forerunner in trying to tackle housing rental rejections. In 1991, the ward specifically stated in an ordinance that it will “strive to resolve [tenant] discrimination” based on nationality.

The issue is particularly important for Shinjuku, which has the highest proportion of foreign residents in Tokyo. As of Aug. 1, of 341,979 residents, 42,613 were not Japanese, more than 12% of the total. People from 130 or so countries live in the ward.

The ward office provides a weekly consultation session on real estate transactions for foreign residents who are having trouble finding a place to stay. In addition, it has set up a mechanism that offers help to residents in Chinese, Korean, English, Thai, Nepalese and Burmese.

Shinjuku periodically holds liaisons with property agents for better collaboration and smoother information exchanges, according to Shinjuku’s housing division. The effort is, in part, to support the elderly, disabled and foreigners, “who tend to be the most vulnerable when it comes to securing housing,” said Osamu Kaneko, the division’s manager.

According to a survey that Shinjuku conducted in 2015, separate from the justice ministry’s study, of 1,275 foreign residents, 42.3% said they had experienced discrimination in Japan. Of those, 51.9% felt discriminated against when looking for housing.

The justice ministry study underscores just how widespread discrimination is in Japan’s housing market. But the problem could be about to swell. At least the number of foreign residents in the country is trending up. At the end of 2016, it reached an all-time high, 2.38 million, 77% more than 20 years earlier.

Experts say access to housing in Japan is becoming ever more important as the third largest economy takes steps — though small ones — to open its door to more foreigners.

Chizuko Kawamura, a professor emeritus at Tokyo’s Daito Bunka University and an immigration policy expert, has proposed that the government set up a specialized body on multicultural initiatives that would make way for foreign resident support systems — from housing, education, medical access and fair employment.

This is “not limited to housing,” Kawamura said. “If our government cannot address the social needs of [foreigners] already living in Japan, we won’t be able to support those coming into the country in the future.”
ENDS
============================

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Positive book review of “Embedded Racism” in “Sociology of Race and Ethnicity” journal (American Sociological Association)

mytest

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Book Review: “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination“, By Debito Arudou (Lexington Books, 2015)
Reviewed by Rebecca Chiyoko King-O’Riain
Citation: King-O’Riain, R. C. Embedded Racism: Japan’s Visible Minorities and Racial Discrimination. Sociology of Race and Ethnicity, 0(0), 2332649217723003.
http://journals.sagepub.com/doi/full/10.1177/2332649217723003
DOI:10.1177/2332649217723003
First Published August 11, 2017

(Excerpt)

[…] It is a brave critique of Japanese society and its failure to look outward in its demographic and economic development. The book will, no doubt, add to a lively discussion already afoot in Japanese studies, critical race studies, and critical mixed race studies of racism in Japan.

[…] The strongest part of the book, in my view, is chapter 5, which illustrates how “Japaneseness” is enforced through legal and extralegal means. The examples of visa regimes and even exclusion from sports and other contests through educational institutions show how everyday racism leaks into larger organizational practices, often without challenge.

[…] The book is clearly written and seems to be aimed primarily at undergraduate students, as it makes an important contribution for those wishing to understand racism in Japan better, and it compiles interesting documentary legal data about the history of cases of discrimination in Japan. The book would easily suit courses that address global conceptions of race and ethnicity and how these are changing in Japan at both the micro and macro levels because of globalization. ENDS

See other reviews at http://www.debito.org/embeddedracism.html

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

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“Japanese Only” signs come down in Monbetsu, Hokkaido. Finally. It only took 22 years.

mytest

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Hi Blog. Good news. A couple of weeks ago, friends Olaf and James wrote in to say that they went down Hamanasu Doori in Monbetsu, a seaport town in Eastern Outback Hokkaido. Here’s what book “Embedded Racism” Ch. 3 has to say about this case (expanded from the original entry on the Rogues’ Gallery of Exclusionary Establishments on Debito.org):

============================
Monbetsu, Hokkaidō

Place: Miscellaneous places around Monbetsu City (Hokkaidō) (two public/private sector bathhouses, a ramen shop, a restaurant, a karaoke parlor, and more than 100 bars).

Background: According to newspaper articles, plus several visits and interviews between 2000 and 2009 by the author and other activists, since 1995 Monbetsu’s local restaurateurs’ association (inshokuten kumiai) created and sold standardized signs in Cyrillic saying “Japanese Only Store” (Nihonjin sen’yō ten) that went up on over 100 bars and restaurants in the Hamanasu Dōri nightlife district. Interviews with bars displaying the signs revealed fears of Russian sailors’ custom, including the language barrier, drunken unruliness, nonpayment of bills, rumors of rape, surrounding Japanese customer dissatisfaction, and ties to Russian organized crime (although many interviewees said they had no actual experience with any of these issues – the sign was a preventive measure); some refused the author’s business even though he is not Russian and was accompanied by other Japanese. Three restaurants and a karaoke parlor expressed similar sentiments, and said they would have refused the author had he not been a fluent Japanese speaker. Two bathhouses (one private-sector, one public/private (dai-san sekutā)) claimed drunk and unruly Russian bathers were driving away Japanese customers).

Action taken by observers/activists: In July 2000, the Japanese Ministry of Justice, Bureau of Human Rights (jinken yōgobu) Asahikawa Branch wrote a letter (see ER Chapter Eight) to the restaurateurs’ association calling their activities “clear racial discrimination against foreigners,” demanding they remove their exclusionary signs. In an interview with the author in April 2001, the kumiai head claimed that these signs were now the property of their respective purchasers, and what they did with them was not their concern. After extensive media exposure of the situation in local newspapers and national TV between 2000 and 2005, signs began coming down, and further interviews and media exposure of the restaurants, karaoke parlor, and the bathhouses resulted in exclusionary rules being rescinded in the karaoke parlor, one restaurant and the public/private-sector bathhouse. In 2006, an interview with another restaurant enabled the author to personally take down one of the Cyrillic signs with permission. In 2004, the author and one other activist submitted a petition (chinjō) to pass a local anti-discrimination ordinance (jōrei), which subsequently died in committee.

Current status (as of end-2014): Confirmed in January 2010, at least sixteen of the original mass-produced Cyrillic signs are confirmed as remaining on the storefronts of Hamanasu Dōri bars and one restaurant. The private-sector bathhouse still has an exclusionary sign, but will let in “foreign” clientele if they speak a level of Japanese that satisfies the manager on duty. One of the former exclusionary restaurants went bankrupt in 2007. Monbetsu still has no anti-discrimination ordinance.

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

So the update is:  The exclusionary signs are down in Hamanasu Doori.  Pity it only took 22 years for it to happen, apparently by attrition.  No thanks to the Monbetsu City Government, natch.  Dr. Debito Arudou

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

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My Japan Times JBC 108: “In wake of Charlottesville, U.S. should follow Japan and outlaw hate speech”, Aug 24, 2017

mytest

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JUST BE CAUSE
justbecauseicon.jpg

In wake of Charlottesville, U.S. should follow Japan and outlaw hate speech
BY DEBITO ARUDOU
THE JAPAN TIMES AUG 23, 2017

Let’s talk about Charlottesville.

As you probably heard, two weeks ago there was a protest in a small Virginia town against the removal of a statue of Robert E. Lee, a Confederate general who defended slavery in the American South. Various hate groups, including white supremacists, neo-Nazis and the Ku Klux Klan, assembled there with shields, weapons, fascist flags and anti-Semitic slogans. They were met with counterprotest, and things got violent. A supremacist slammed his car into a crowd of counterprotesters, killing one and injuring 19.

Charlottesville has shaken hope for a post-racial America to the core. But before readers in Japan breathe a sigh of relief and think, “It couldn’t happen here, not in peaceful Japan,” remember this:

Japan has also had plenty of hate rallies — there was about one per day on average in 2013 and 2014, according to the Justice Ministry. Rightist xenophobes and government-designated hate groups have assembled and held demos nationwide. Bearing signs calling foreign residents “cockroaches,” calling for a Nanking-style massacre of Koreans in an Osaka Koreatown, even advocating the extermination of “all Koreans, good or bad,” Japan’s haters have also used violence (some lethal) against the country’s minorities.

As JBC has argued before (“Osaka’s move on hate speech should be just the first step,” Jan. 31, 2016), freedom of speech is not an absolute. And hate speech is special: It ultimately and necessarily leads to violence, due to the volatile mix of dehumanization with flared tempers.

That’s why Japan decided to do something about it. In 2016 the Diet passed a law against hate speech (albeit limiting it to specifically protect foreign residents). And it has had an effect: Japanese media reports fewer rallies and softer invective.

America, however, hasn’t gotten serious about this. It has no explicit law against hate speech, due to fears about government censorship of freedom of speech. Opponents argue that the only cure is freer speech — that somehow hate will be balanced out by reasonable and rational counter-hate. That persuasion will win out.

But in 2016, it didn’t. Hate speech is precisely how Donald J. Trump got elected president…

Read the rest at: https://www.japantimes.co.jp/community/2017/08/23/issues/wake-charlottesville-u-s-follow-japan-outlaw-hate-speech/

===================
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Asahi: Japan treats 1 million foreign workers as ‘non-existent’, and shouldn’t. Another recycled hopeful article.

mytest

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Hi Blog.  In the wake of my previous blog entry about a new exploitative visa system for the next generation of Nikkei workers, here’s a hand-wringing article from the Asahi about how people don’t (but really should) accept NJ as part of Japanese society.

It seems like these articles are cyclical — I remember them from a good ten years ago (for example here and here and here and here).  But papers gotta sell, even if magazines anywhere gotta hawk the same weight-loss and exercise regimens to the reading public.  Fortunately, the Asahi draws the same conclusions I would. Alas, next serious economic downturn, all this will be out of the window and foreigners will be unaccepted again.

Maybe I’m getting too old to hope for much change anymore.  Where’s the tipping point?  Dr. Debito Arudou

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

Japan treats 1 million foreign workers as ‘non-existent’
THE ASAHI SHIMBUN
July 27, 2017 
http://www.asahi.com/ajw/articles/AJ201707270006.html
PHOTO:  A foreign student from Vietnam, right, is taught how to deal with customers at a convenience store in Tokyo’s Shinjuku Ward. Foreigners are often seen at convenience stores in urban areas of Japan. (Asahi Shimbun file photo)

Foreign workers in Japan are increasingly being seen as a valuable resource amid Japan’s declining birthrate and growing elderly population.

However, recent headlines in the media express concern about the influx of immigrants.

“Should we accept immigrants?” one publication asked.

Another worried that, “What will happen if foreigners become our bosses?”

The reality is that the number of foreign workers now totals more than 1 million. Japanese are increasingly coming in contact with foreigners in their daily lives, so they are no longer an “invisible presence.”

ACCEPTANCE IS UNAVOIDABLE

The Justice Ministry announced in January that foreigners working in Japan totaled 1,083,769 as of the end of October 2016.

Economic magazines such as Nikkei Business or Weekly Toyo Keizai have published articles related to immigration and foreign workers.

One contentious point among those articles is the existence of foreign workers working under a status akin to “unskilled labor,” which is not permitted, in principle, in Japan.

The Justice Ministry says that there are no rules and definitions concerning immigration in domestic law. So, Japan accepts immigrants under the title of “technical intern trainees,” who are expected to disseminate technology upon their return home, or “foreign students,” instead of accepting them as unskilled workers.

An article in the June edition of the monthly business magazine Wedge was titled, “Before we realized it, Japan has become a nation of immigrants.”

The article analyzed the situation where foreign students are employed in physical labor, working on farms and in factories and in the service industry, such as at hotels as cleaning staff, while introducing local communities that accepted immigrants as a measure to halt declining populations.

“When we are in Tokyo, it is hard for us to notice, but a work force shortage in local areas is so serious that those areas have no choice but to accept immigrants,” said Shinya Shiokawa, editor in chief of Wedge. “No one can be apathetic to them.”

While accepting immigrants has been discussed, foreign workers are more likely to be employed at restaurants or convenience stores in urban areas.

“Foreigners or people who have roots in overseas countries are talked of as if they do not exist, although they are already present in Japan’s society,” said Hiroshi Komai, professor emeritus of Hitotsubashi University, specializing in international sociology.

Until the 1950s, Japan was a nation that was dispatching immigrants to South America and other countries. In the 1980s amid a rising yen and the nation’s economic bubble, Japan was attracting an influx of foreigners.

In 2006, the internal affairs ministry drafted a plan to facilitate diversity in local communities.

While the central government banned immigrants from employment in low-skilled jobs, it allowed them to work under the name of trainees or on-the-job training. Komai said that local governments and nonprofit organizations have taken the lead in accepting immigrants and encouraging multiculturism in society.

“The central government has consistently treated immigrant workers as ‘they are present but non-existent,’ but the measure has already met limitations,” Komai said.

LITTLE FOREIGN PRESENCE IN LITERATURE

In the literature world, immigrants figure prominently in many stories in other countries. In Japan, however, the presence of immigrants in literature is not as common.

In Japan, there are many books on ethnic Koreans who were born and grew up in the country. One is “Geni’s Puzzle,” written in 2016 by Che Sil, a third-generation Korean, who was awarded the prestigious Oda Sakunosuke Prize. On the other hand, novels themed on “immigrants who come to Japan” are extremely rare.

“There are many overseas mystery novels that deal with immigration issues,” said Fuyuki Ikegami, a literary critic. “But in Japan, perhaps because Japan hasn’t accepted immigrants politically and socially, the theme can’t be as easily utilized and matured in a story.”

However, there are signs of change. Novels such as “i,” written by Kanako Nishi in 2016, and Yuzaburo Otokawa’s “R.S. Villasenor,” in 2017, describe immigrants coming from other countries.

The latter is the story of the daughter of a man from the Philippines who brings traditional Filipino craftwork to the traditional Japanese art of dyeing.

“While describing cultural integration, it tactfully addresses the immigration issue as a theme in a natural way,” Ikegami said.

Hiroshi Tanaka, a professor emeritus of Hitotsubashi University who specializes in Japan-Asia relations, said the existence of a “nationality dogma” in Japanese society is a barrier.

“Japanese people have a strong sense that Japanese society exists for people who have Japanese citizenship,” he said. “The length of residing in Japan doesn’t matter, and people other than Japanese can’t be admitted as a member of society.”

Tanaka said that the most important thing now is to operate on a standpoint of “for whom society exists.”

“Society exists particularly for people living there. If residing there, people should be treated the same whether they come from other countries or they don’t have roots in Japan. But that sense is still weak in Japan, and we have to change that,” he said.
ENDS

===================================
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Yomiuri: 4th generation Nikkei to get new visa status. Come back, all is forgiven! Just don’t read the fine print.

mytest

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Hi Blog. Guess what. Ten years after bribing and booting out its Nikkei “Returnee” workers from South America (who had been given sweetheart visas of de facto Permanent Residency, higher-paying jobs than the “Trainee” slaves from places like China (but still lower than real Japanese, natch)), and four years after lifting a ban on their return, the government has officially decided to introduce a new residency status to exploit the next (4th) generation of Nikkei. As long as they a) speak Japanese, b) are young enough to devote their best working years here, c) come alone, and d) only stay three years. Those are some tweaks that makes things less advantageous for the foreigner, so I guess the previous racist policy favoring Wajin foreigners has been improved (as far as the government is concerned) to keep them disposable, and less likely to need a bribe to go home when the next economic downturn happens. That’s how the Japanese government learns from its mistakes — by making the visa status more exclusionary and exploitative.

As Submitter JK says, “This smells to me like a scheme to recruit more laborers.” Nice how the Yomiuri, as usual, decides to conveniently forget that historical context in its article. Dr. Debito Arudou

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

4th generation to get new status
July 31, 2017, The Yomiuri Shimbun, Courtesy of JK
http://the-japan-news.com/news/article/0003851875

The Justice Ministry plans to introduce a new residency status for fourth-generation Japanese descendants living abroad that will enable them to work in Japan under certain conditions, such as acquiring a set level of Japanese language skills.

About 1,000 people will be accepted each year in the early stages, sources said. The ministry will solicit comments from the public soon, and then decide when to roll out the program.

The aim of the new system is to help fourth-generation Japanese descendants deepen their interest in and knowledge about Japan, and nurture people who would be a bridge between Japan and the communities of Japanese descendants abroad in the future.

Those who are accepted will be aged 18 to 30 and given “designated activities” status, which will allow them to work during their stay in Japan, according to the ministry’s plan.

Participants will be required to have Japanese skills equivalent to the N4 level of the Japanese-Language Proficiency Test — able to conduct basic everyday conversations — at the time of their arrival. When they renew their residency status, they will be required to have skills equivalent to the N3 level — understanding complex sentences. They will not be allowed to bring family members.

The residency status will need to be renewed each year, with the maximum stay set at three years. It will be possible to stay longer if they are allowed to change their residency status due to marriage, employment or other reasons.

The ministry envisages accepting fourth-generation Japanese descendants from countries — such as Brazil, Peru and the United States — where a number of ethnic Japanese communities were formed and took root as a result of Japanese migration before and after World War II. A ceiling for the number of accepted applicants will be set for each country or region, sources said.

Under the current system, second- and third-generation Japanese descendants can obtain a status such as “long-term resident” and are eligible for long-term stays and employment. However, there has been no preferential treatment for fourth-generation descendants except for underage biological children — who are unmarried and dependent — of the third-generation parents who are long-term residents.

ENDS

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

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Book Review in SSJJ journal calls “Embedded Racism” a “must-read text”, “highly recommended reading to anyone interested in Japan’s future”

mytest

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Hi Blog. Social Science Journal Japan (SSJJ) has just released its review of book “Embedded Racism“.  Excerpt follows. Full review at https://academic.oup.com/ssjj/article-lookup/doi/10.1093/ssjj/jyx012

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Embedded Racism: Japan’s Visible Minorities and Racial Discrimination, by Debito Arudou. Lanham, MD: Lexington Books, 2015, 404 pp., $110.00 (ISBN 978-1-4985-1390-6)
Robert W. ASPINALL
Social Science Journal Japan jyx012. DOI: https://academic.oup.com/ssjj/article-lookup/doi/10.1093/ssjj/jyx012
Published: 15 July 2017

Excerpt of the first and last paragraphs:

Why are there so few academic books or articles on Japan with the word ‘Racism’ in the title? It would be odd, to say the least, if Japan were the only inhabited place on earth where racism did not exist. Could it be that racial minorities in Japan are made up of groups that are too small, too transitory or too lacking in visibility to be worth the effort of close study? A more plausible explanation is offered by those who, like anthropologist John Russell, argue that powerful groups have disseminated the ‘national myth of Japan as a racism-free society that always manages to retain uncorrupted its essentialistic character, despite cultural borrowings’ (Russell 2010: 110). Given this highly successful effort to hush up discussions of racism in Japan, Debito Arudou’s new book on ‘Embedded Racism’ is very welcome.

[…]

In an anti-globalist era of Trump and ‘Brexit’ there will be many who argue that Japan is right to severely restrict immigration and preserve as much as possible that is unique about its national character. If those who do not ‘look Japanese’ have to suffer some discrimination, then that is just the price that has to be paid. There are also many who believe that the best antidote to racism is to have a nation state where as few people as possible look out of place. Arudou’s reply to this point of view, which acts simultaneously as a challenge to Japan’s leaders, is that if this national narrative is allowed to prevail, it will not only condemn Japan’s aging population to an ever-worsening demographic crisis, it will also have a ‘suffocating and self-strangulating’ effect on society (p. 303).

There are important academic contributions to the study of racism in Japan in this book, but it is as a must-read text on the crisis facing the shrinking Japanese population and its leaders that it really leaves its mark. Embedded Racism is highly recommended reading to anyone—whether they self-identify as Japanese or foreign or both—who is interested in Japan’s future.

========================================
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Mainichi Editorial on 1-yr anniv. of Hate Speech Law: “To end hate speech, Japan must face its deep-rooted discriminatory thinking”, offers moral support but few concrete proposals

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Hi Blog. We’ve talked before about unsophisticated columns in Japanese media regarding human rights. This one joins them. It wags a few fingers and applauds some local moves to eliminate hate speech, but it still has trouble going beyond vague urgings to actually advocate for the root solution: passing a law with criminal penalties against racial discrimination. Until this law in specific is part of the media’s steady drumbeat of finger-wagging, advocating a mere patchwork of local-level patches is again, a half-measure.  Dr. Debito Arudou

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Editorial: To end hate speech, Japan must face its deep-rooted discriminatory thinking
June 8, 2017 (Mainichi Japan), courtesy of AK and JK
http://mainichi.jp/english/articles/20170608/p2a/00m/0na/019000c

It has been a year since Japan’s anti-hate speech law took effect. And over that year, the number of demonstrations targeting specific races or ethnicities has apparently declined.

Public institutions have been doing their part. Courts have issued provisional injunctions against holding hate speech demonstrations in certain places, while police forces have been boosting supervision and control of such demonstrations, and these measures seem to be having a real impact.

Nevertheless, we still see an endless stream of hateful language in Japan, starting, but by no means ending, with “go home!” and “kick them out!”

Hate speech is a social disease. It is extremely important for the idea that hate speech is unforgiveable to permeate society as a whole.

The hate speech law commits local administrations to work with the central government on eliminating discrimination. We call on these bodies to tackle the problem proactively.

According to a recent announcement, the municipal government of Kawasaki, Kanagawa Prefecture, will draw up guidelines as early as this autumn that would allow city officials to issue warnings or refuse applications to use public facilities if they suspect the applicant will engage in discriminatory speech or conduct. In other words, the guidelines set out measures to halt hate speech gatherings before they happen, and the city will call for the opinions of third-party observers to make sure the guidelines are applied fairly.

It is perfectly natural to make sure that countermeasures against hate speech demonstrations do not lead to curbs on freedom of expression, but hate speech clearly violates human rights. We would like to see local governments across the country consider hate speech regulations in line with local conditions.

While street demonstrations have declined over the past year, online hate speech appears to have been reinvigorated. Dealing with this is an urgent task.

The Osaka Municipal Government recently announced the online handles of three users confirmed to have posted hate speech videos on the internet, as well as the content of the images. The move was based on a municipal ordinance passed last July, the first of its kind in Japan.

Meanwhile, it should be remembered that even primary school children use computers and smartphones. Educating school children about online hate ought to be a national project.

There is some disturbing data on the prevalence of hate speech in Japan.

In March this year, the Justice Ministry released its first-ever survey of racial and ethnic discrimination in Japan. The survey, which was conducted late last year, covered about 4,200 medium- and long-term foreign residents of this country including Koreans. It found that some 30 percent of respondents had been the target of “discriminatory speech.” Forty percent said they had been refused a home rental contract.

Japanese people’s coexistence with foreigners and people from different cultural backgrounds is indispensable to Japan. It is a must for us to face up to the discriminatory thinking deeply rooted in our society in an effort to eradicate hate speech in Japan.
ENDS

【Related】Kawasaki looks at guidelines for regulating hate speech
【Related】Ex-hate speech group core member regretful on anniv. of clampdown law
【Related】Osaka city releases online user names of people behind hate speech videos

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

PS:  Compare the Mainichi with the Japan Times Editorial on the same anniversary of the Hate Speech Law. At least it’s more specific: “Local officials need to secure enough manpower and funding to effectively assist citizens suffering from hate speech and behavior. Citizens’ groups can set up funds to help victims sue for damages. Since the law covers only hate speech against foreign residents, there are calls for expanding its scope to fight offensive language against other minorities, including people with disabilities, indigenous peoples like the Ainu and descendants of historically segregated communities.”

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

Japanese version

社説
ヘイト対策法施行から1年 社会の病理を克服したか
毎日新聞2017年6月8日 東京朝刊
http://mainichi.jp/articles/20170608/ddm/005/070/094000c

「ヘイトスピーチ(憎悪表現)対策法」の施行から1年がたった。侮辱的な言葉で特定の人種や民族への差別をあおるデモは、減少傾向にあるという。

裁判所が特定の地域でのデモ実施を禁じる仮処分決定を出したり、警察が取り締まりを強化したりするなど、公的機関の対応が一定の抑止効果を生んでいるのは確かだろう。

それでも、「帰れ」「たたき出せ」といった乱暴な言葉を使うヘイトスピーチはなお後を絶たない。

ヘイトスピーチは社会の病理だ。それを許さない当たり前の社会規範が浸透することが大切である。

地方自治体は、国とともに差別解消に必要な措置を講じる責務を対策法で課せられている。積極的な対応が求められる。

川崎市は、施設の利用申請者が差別的な言動を行う可能性がある場合、警告や利用不許可の措置が取れるように、今秋にもガイドラインを作成し公表する予定だ。事前規制につながる内容のため、市は第三者の意見を求め公平な運用を目指す。

「表現の自由」に留意することは当然だが、ヘイトスピーチは明確な人権侵害だ。各自治体は地域の実態に沿った規制策を検討してほしい。

街頭デモが減少する一方で、インターネット空間でのヘイトスピーチは、むしろ活性化しているように見える。その対策は喫緊の課題だ。

大阪市はこのほど、ヘイトスピーチと認定したネット上の動画3件の内容や投稿者名(ユーザー名)を公表した。昨年7月、全国で初めて制定した条例に基づく措置という。

小学生でもパソコンやスマートフォンを利用する。教育現場での啓発に国全体で取り組むべきだろう。

残念なデータがある。

法務省は3月、在日韓国・朝鮮人を含む約4200人の中長期滞在外国人を対象にした差別に関する調査結果を公表した。昨年末に初めて行われたものだ。

3割の人が差別的発言を「受けた」とし、4割の人がアパートなどの入居を「断られた」と回答した。

外国人や文化が異なる人との共生は、日本社会にとって欠かせない。社会に根を張る差別意識と向き合うことが必要だ。それをヘイトスピーチの根絶につなげたい。

ENDS

Abe Admin backlashes against UN Rapporteur criticism against Conspiracy Bill, overseas Gaijin Handlers kick into gear

mytest

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Hi Blog.  The Government of Japan (GOJ) is at it again — curtailing fundamental civil and human rights for its people and getting nasty if you object to it.  Once upon a time (see below), the GOJ merely denied that Japan is in violation of any of its human rights treaties by giving sophistic counterarguments.  Now, under the ultrarightist Abe Administration, those denials are on steroids, with leading politicians injecting indignant anger into their denialism, even activating the Gaijin Handlers abroad to whitewash optics on Japan’s policies in places like the New York Times.

First, the Japan Times offers a primer on the emerging Conspiracy Bill that received sharp criticism on May 18 by UN Special Rapporteur on the Right to Privacy and University of Malta Law Professor Joseph Cannataci, on the heels of criticism from UN Special Rapporteur and UC Irvine Law Professor David Kaye leveled at Japan’s already diminishing press freedoms in a report last year.

From Cannataci’s letter:

“Serious concern is expressed that the proposed bill, in its current form and in combination with other legislation, may affect the exercise of the right to privacy as well as other fundamental public freedoms given its potential broad application.  In particular I am concerned by the risks of arbitrary application of this legislation given the vague definition of what would constitute the ‘planning’ and ‘preparatory actions’ and given the inclusion of an overbroad range of crimes in the Appendix which are apparently unrelated to terrorism and organized crime.” (Full letter from Cannataci’s letter to the Japanese government, dated May 18, 2017.)

From Kaye’s introduction:

“I learned of deep and genuine concern that trends are moving sharply and alarmingly in the wrong direction. This is especially acute in the context of media independence. Japan has well-earned pride in a Constitution that expressly protects the freedom of the press. Yet the independence of the press is facing serious threats: a weak system of legal protection, persistent Government exploitation of a media lacking in professional solidarity, and the recent adoption of the Specially Designated Secrets Act are all combining to impose what I perceive to be significant challenges especially to the mainstream media, where the vast majority of Japanese citizens get their news. Numerous journalists, many agreeing to meet with me only on condition of anonymity to protect their livelihoods, highlighted the pressure to avoid sensitive areas of public interest. Many claimed to have been sidelined or silenced following indirect pressure from leading politicians. A country with such strong democratic foundations should resist and protect against such interference.”  (Full text of Kaye’s report at the UN OHCHR website:  “Preliminary observations by the United Nations Special Rapporteur on the right to freedom of opinion and expression“, dated 19 April 2016.

After the Japan Times article, let’s look at how the New York Times reports on the Conspiracy Bill, and how the GOJ quickly responds with its Gaijin Handlers.

They doth protest too much, methinks.  Even an academic source cited in the Japan Times below says he’s “not aware of any other developed nation that had protested against special rapporteurs so vociferously and consistently as Japan.”  And, as far as Debito.org goes, you just know that these “terrorism” and “organized crime” tropes, once further embedded in law, will be used to further racially profile and crack down in particular on (foreign) “terrorists” and (foreign) “organized crime”.  But this new law will normalize it for everyone.  Dr. Debito Arudou

(More on Debito.org regarding prior UN Rapporteur reactions to Japan’s human rights issues, with Special Rapporteur Doudou Diene and Special Rapporteur Jorge Bustamante (here and here).)

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

Abe government clashes with U.N. rapporteurs critical of Japan (excerpt)
BY TOMOHIRO OSAKI, THE JAPAN TIMES, MAY 31, 2017, courtesy of JDG
http://www.japantimes.co.jp/news/2017/05/31/national/abe-government-clashes-u-n-rapporteurs-critical-japan/

Weeks after a U.N. special rapporteur released a surprise open letter slamming a state-backed conspiracy bill that critics warn could erode privacy and free speech rights, the Cabinet of Prime Minister Shinzo Abe has shown no sign of letting up on its targeting of the statement.

If anything, it has been hellbent on discrediting what it claims was an “inappropriate” rebuke by the United Nations expert.

Tokyo’s ongoing clash with Joseph Cannataci, a U.N.-commissioned expert on the right to privacy, is reminiscent of a similar war of words it has fought with U.N. special rapporteurs in recent years. Many of the probes by those officials into the human rights situation in Japan have led to conclusions often at odds with the government line…

As he spoke to the Upper House plenary session on Monday, Abe openly blasted Cannataci’s assessment as “extremely unbalanced” and said his behavior was “hardly that of an objective expert.”

On Tuesday, his Cabinet approved three official statements condemning the official’s letter, which it claimed was drawn up “based on misunderstanding” and without the government ever being afforded an opportunity to thoroughly explain to him about the proposed legal revision.

In these statements, the Cabinet reiterated the government position that Cannataci’s critique did not reflect U.N. views. Prior to these statements, Tokyo had swiftly lodged a direct protest over the issue with the office of the High Commissioner for Human Rights (OHCHR) in Geneva.

“When there is a misunderstanding of facts, it is of course our position that we get our message across,” said a senior Foreign Ministry official, who spoke on condition of anonymity.

On Wednesday, the government’s position was on full display when Deputy Chief Cabinet Secretary Koichi Hagiuda launched into a separate attack against another U.N. special rapporteur’s criticism of the government.

Hagiuda said it was “extremely regrettable that the government position was not fully reflected” in a report issued Tuesday by David Kaye, U.N. special rapporteur on the right to freedom of opinion and expression. In his report, Kaye had pointed out “significant worrying signals” for Japan’s freedom of expression.

[Kaye’s criticism: While welcoming government efforts to clarify the four specific categories under which information may be designated as secret — defense, diplomacy, prevention of specified harmful activities and prevention of terrorist activities — Kaye warned that “specific subcategories remain overly broad” and thus involve the risk of being arbitrarily applied.

Regarding government pressure on media, Kaye raised concerns over the broadcasting law and particularly its Article 4, which provides the basis for the government to suspend broadcasting licenses if TV stations are not “politically fair.”

Kaye said that the Ministry of Internal Affairs and Communications “should not be in the position of determining what is fair.” (Source)]

“Government evaluation of such broadly stated norms would lead to deterrence of the media’s freedom to serve as a watchdog, if it is not already creating such disincentives to reporting,” he added.

In yet another incident, the Foreign Ministry lodged a strident protest with special rapporteur Maud de Boer-Buquicchio in 2015 over what it labeled a factually dubious claim that “13 percent of Japan’s schoolgirls have engaged in compensated dating (enjo kosai).”

According to the OHCHR website, special rapporteurs are independent human rights experts who “are appointed by the Human Rights Council and serve in their personal capacities,” with mandates to report and advise on human rights. They are not U.N. staff members and receive no financial remuneration, it says.

In this regard, the government assertion that Cannataci’s letter does not represent the U.N. stance is “valid,” said Ichiro Kawabe, a professor of U.N. studies at Aichi University. But at the same time, he said, these experts’ commentaries are not hostile in nature and are designed to foster constructive discussions on human rights issues.

“Being a developed country, Japan is in a position to improve the global standards of human rights. So what it should be doing is not to overreact to what it considers to be a factual error every chance it gets, but listen humbly to what the experts have to say,” Kawabe said, adding that he was not aware of any other developed nation that had protested against special rapporteurs so vociferously and consistently as Japan…

In slamming Kaye’s preliminary report on freedom of expression, a circle of conservative scholars in Japan last month released an open letter questioning his methods. In it, the group alleged his report was “based on interviews with a limited number of journalists when he visited Japan for just one week” and that “the academic analysis is sorely lacking.”

This claim, however, failed to note that Kaye did meet government representatives to hear their side of the issue, as well. ENDS

Full JT article at http://www.japantimes.co.jp/news/2017/05/31/national/abe-government-clashes-u-n-rapporteurs-critical-japan/

Now for the New York Times article:

/////////////////////////////////////////
Conspiracy Bill Advances in Japan Despite Surveillance Fears
By MOTOKO RICH, THE NEW YORK TIMES, MAY 23, 2017
https://www.nytimes.com/2017/05/23/world/asia/japan-anti-terror-conspiracy-abe.html

TOKYO — Prime Minister Shinzo Abe of Japan won a crucial vote in the House of Representatives on Tuesday on an anti-conspiracy bill that he said was needed to fight terrorism but that critics feared could give the authorities broad surveillance powers over citizens.

With protesters gathered outside the country’s lower house of Parliament in Tokyo, Mr. Abe’s party and its allies approved a bill that would make it a crime to conspire with others to commit terrorism and a raft of other crimes.

Speaking before the vote, Hiroshi Hiraguchi, a member of the governing Liberal Democratic Party, expressed condolences for the victims of a suicide bombing that killed 22 people at a concert in Britain on Monday. He said that the bill was needed to help Japan fulfill “the grave responsibility” of hosting the 2020 Olympics in Tokyo.

Mr. Abe’s party called for the vote even as a United Nations expert on human rights accused the government of rushing the measure without sufficient debate on appropriate safeguards for privacy and free speech.

Joseph Cannataci, the United Nations special rapporteur on the right to privacy, wrote to Mr. Abe warning that the bill, if adopted, could “lead to undue restrictions to the rights to privacy and to freedom of expression.”

A day before the lower house voted, Mr. Abe’s chief cabinet secretary, Yoshihide Suga, lashed out against Mr. Cannataci’s letter, calling it “clearly inappropriate” and dismissing the special rapporteur’s concerns. The Japanese government also lodged an official protest with the Office of the United Nations High Commissioner for Human Rights.

Mr. Abe has repeatedly argued that Japan needs to pass the bill in order to ratify a United Nations convention on international organized crime originally signed in 2000, as well as to protect Japan from terrorism in the run-up to the 2020 Olympics.

This was not the first time Mr. Abe pushed for legislation over public opposition. Two years ago, the government defied mass public protests and passed a package of security-related bills authorizing limited overseas combat missions for the country’s military for the first time since World War II. The Japanese anti-conspiracy bill also comes as the Chinese government is considering an intelligence law that would allow its authorities to monitor both foreign and domestic suspects.

Recent polls show the Japanese public is split over the anti-conspiracy bill, but more than three-quarters said the government had not sufficiently explained why it needed to pass the legislation. The bill is expected to go before the upper house of Parliament for final passage before the current legislative session ends in mid-June. Mr. Abe’s party and its allies have a two-thirds majority in both houses.

In an email, Mr. Cannataci said the government should take more time to discuss and amend the bill to include more safeguards for privacy and freedom of speech.

“This is the time for the government of Japan to sit back for a minute, reflect, realize that it can do things in a better way and then proceed to behave like a world-class democracy by taking the time necessary” to modify the bill, he wrote.

In a country where terrorism is extremely rare, critics say that the bill is far too vague in defining terrorism and that the list of crimes subject to possible surveillance was arbitrary.

An appendix to the bill includes unlicensed bike racing, copyright infringement and stealing plants from forest preserves, exposing those involved in the planning of such activities to prosecution.

Such crimes, critics say, seem to have little to do with terrorism. They say the bill would merely give the government wide latitude to put people under surveillance.

“There are no apparent reasons certain crimes are covered and others are not,” said Koichi Nakano, a political scientist at Sophia University in Tokyo.

Mr. Nakano said that because people might be worried about the government trawling emails, text messages and social media posts for evidence of criminal conspiracy, anyone who protests government policies might be reluctant to speak out.

“There will be more self-censorship in a country where there is already not a very vibrant civil society,” he said.

Although Japanese law requires the police to obtain warrants to install wiretaps on phones, the courts almost always grant such requests.

As a result, opponents of the bill say that it could strip citizens of their rights to privacy in the name of preventing terrorism. Japan has had few major terrorist attacks since 1995, when members of a cult killed 13 and sickened more than 5,800 in a sarin gas attack on the Tokyo subway.

“How far are we willing to sacrifice our privacy is the question,” said Kenta Yamada, a journalism professor at Senshu University in Tokyo. “We may possibly get into the world of ‘1984,’” he said, referring to the dystopian novel by George Orwell in which citizens are constantly under surveillance.

Concerns about the bill were stirred during testimony by Japan’s justice minister, Katsutoshi Kaneda, when he gave examples of the kinds of activities that might cause the authorities to suspect that an individual or group was planning a crime. In one instance, Mr. Kaneda suggested that someone visiting a park with a map and binoculars could be suspected of plotting a terrorist attack.

“It’s so vague that it allows the police to justify whatever they do,” said Kanako Takayama, a professor of criminal law at Kyoto University. “If you buy a pair of scissors, that may be viewed as preparing for a crime.”

But supporters of the bill said the opposition and the news media had inflated the justice minister’s comments rather than focusing on the content of the bill. “They just enjoy picking up the funny things of the minister who cannot explain things very well,” said Keijiro Kimura, a lawyer in Osaka who supported the bill.

Speaking in Parliament on Tuesday, Mr. Hiraguchi, the lawmaker, said that the bill was explicitly limited to “organized crime groups.”

“It is further clear that common people will not be the target of punishment stipulated by this legislation,” Mr. Hiraguchi said.

But the United Nations special rapporteur, Mr. Cannataci, said in an email that the bill was “defective.”

“With great power comes great responsibility,” Mr. Cannataci wrote. “Yet this bill is not accompanied by a stiffening of measures intended to safeguard privacy. Other rights like freedom of speech and freedom of association are likewise not reinforced.”

Opposition lawmakers said that the governing party had stifled debate and that the legislation needed more public input.

The Japanese people deserve to “decide for themselves where they want their freedoms restricted in order to protect their security,” said Shiori Yamao, a member of the opposition Democratic Party. ENDS

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

And here’s the response from the Gaijin Handlers at the Ministry of Foreign Affairs:

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

The New York Times Opinion Pages | LETTER
Japan and an Anti-Conspiracy Bill
JUNE 1, 2017
https://www.nytimes.com/2017/06/01/opinion/japan-and-an-anti-conspiracy-bill.html

To the Editor:

Re “Anti-Conspiracy Bill Advances in Japan” (news article, May 24):

Concluding the United Nations Convention Against Transnational Organized Crime, or Untoc, is a pressing issue for Japan, as we prepare to play host to major events, particularly the 2019 Rugby World Cup and the 2020 Tokyo Olympic and Paralympic Games. Although Japan signed the convention, domestic laws do not fulfill the obligations of the treaty, impeding Japan from concluding it.

After recent terrorist attacks in Britain, Sweden and Belgium, last week in Sicily the G-7 leaders called for more cooperation to implement international agreements, including Untoc.

Updating domestic laws and concluding the treaty will allow Japan to fill an international legal loophole and contribute to preventing organized crime, including terrorism. Yury Fedotov, executive director of the United Nations Office on Drugs and Crime, has welcomed Japan’s efforts in this regard.

Regarding claims of surveillance fears, the proposed provision criminalizing an act of planning and preparation to commit terrorism and other serious crimes will apply only to “organized criminal groups,” and the listed crimes to which the provision may apply are rigorously limited to those likely to be committed by such groups.

Few other countries limit the scope of the law as strictly as Japan does.

NORIO MARUYAMA, TOKYO

The writer is press secretary for the Japanese Ministry of Foreign Affairs.

ENDS

===================================
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Kyodo: “A year after enactment of hate speech law, xenophobic rallies down by nearly half”, but hateful language continues, mutates

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Good news, according to Kyodo below, is that the number of hate-speech rallies in Japan has gone down significantly. Some mixed news, however, is that haters have found ways to temper their hate speech so that it avoids extreme invective (such as advocating death and destruction), but continues nonetheless with the public denigration of minorities and outsiders. Hence the new law is working, but it’s causing sophistication and subtlety in message. Sort of like replacing “Japanese Only” signs with “We reserve the right to refuse service to anyone”, and in practice only applying the rule to foreign-looking people.

Hence the need for something more comprehensive. Stage Two of anti-racism legislation, as Ryang Yong Song of the Anti Racism Information Center says in the article, would be this: “For the last year, discussions only focused on what is hate speech and the scope of freedom of expression, but that is not enough. A law is needed to ban all kinds of discrimination including ethnicity, birth and disability.”

As Debito.org has been advocating for decades, let’s have that law against racial discrimination (jinshu sabetsu teppai hou).  A law against hate speech is good, but it’s a half-measure. Dr. Debito Arudou

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A year after enactment of hate speech law, xenophobic rallies down by nearly half
KYODO/JAPAN TIMES MAY 22, 2017
http://www.japantimes.co.jp/news/2017/05/22/national/social-issues/year-enactment-hate-speech-law-xenophobic-rallies-nearly-half/

The number of xenophobic rallies in which ultra-right-wing groups use discriminatory language has dropped by nearly half in the 11 months since the Diet enacted a law to deter hate speech, the National Police Agency said.

While statistics show some positive impact from the law, legal experts are starting to point out its limitations because groups are finding ways to circumvent it by modifying their language at rallies to avoid obvious epithets but still express the same kind of bigotry.

From June 3, 2016, through the end of April, police nationwide tallied 35 demonstrations involving hate speech versus 61 in the same period a year earlier.

[…]

Designed to curb hate speech, the law urges the central and municipal governments to take measures to eliminate discrimination. However, it stops short of prohibiting or penalizing such speech for fear that doing so would violate the constitutional right to freedom of expression.

The Justice Ministry has shown municipal governments examples of hate speech, including phrases that urge others to “kill people” of a certain nationality, “throw them into the ocean,” tell them to “return to their homeland” or describe them as “cockroaches.”

But Satoko Kitamura, a lawyer investigating hate speech rallies, told the Diet earlier this month that organizers have been “contriving ways so that (their demonstrations) will not be recognized as adopting hate speech.”

She said participants in demonstrations in Tokyo, Saitama and Fukuoka raised signs that said “Die Korea” or chanted a slogan that said, “Please enter the Sea of Japan.”

“The Justice Ministry is calling on municipal governments to take into consideration the contexts and meaning of the expressions. As long as there are people who feel they are targeted and offended, such language must also be considered hate speech,” Kitamura said.

Iruson Nakamura, a 47-year-old journalist whose mother is a Korean resident of Japan, said, “(Hate-motivated) demonstrations have continued and online speech that incites discrimination is uncontrolled. Prohibitive measures must be sought by amending the law or enacting ordinances.”

Read whole article at:
http://www.japantimes.co.jp/news/2017/05/22/national/social-issues/year-enactment-hate-speech-law-xenophobic-rallies-nearly-half/
////////////////////////////////////

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Nikkei: ‘No foreigners allowed’: Survey shows heavy discrimination in Japan (which editorializing Nikkei Asian Review tries to excuse and dismiss)

mytest

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Hi Blog.  Following my most recent JBC column on the MOJ Foreign Residents Survey (which showed significant and substantial rates of “foreigner discrimination” in Japan, particularly in housing), we have the right-of-center Nihon Keizai Shinbun (roughly equivalent to the Wall Street Journal in stature and tone) offering their interpretation of the Survey.  Note the editorializing (which I will point out within the article below [in square brackets]) to try to be discounting or dismissive of the report — trying to pass it off as somehow “worries” about mere cultural misunderstandings, or issues not serious enough to seek help for.

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

‘No foreigners allowed’: Survey shows heavy discrimination in Japan
40% are refused housing because they are not Japanese
NIKKEI ASIAN REVIEW, April 6, 2017, Courtesy of JH
By TSUBASA SURUGA, Nikkei staff writer
http://asia.nikkei.com/Japan-Update/No-foreigners-allowed-Survey-shows-heavy-discrimination-in-Japan

TOKYO — Nearly 40% of foreign residents seeking housing in Japan are turned down because they are not Japanese, according to a new government survey. Roughly the same percentage also report being refused housing due to the lack of a Japanese guarantor.

[Aha.  So let’s immediately mitigate the problem by saying it’s a systemic issue, one that applies to Japanese too.  Even though it’s a lot tougher for NJ to get guarantors because they don’t have family or other “credible” connections in Japan, meaning it’s still slanted against the NJ renter regardless.]

Nearly 27% of the 2,044 foreign respondents who had sought new housing within the past five years reported giving up on a potential residence after discovering a notice saying “no foreigners allowed.”

“The landlord told [me and my husband] that the house is not for foreigners,” a Filipino woman in her forties was quoted as saying in the survey, which was commissioned by the Ministry of Justice.

“We visited a different real estate agent, but they said a Japanese guarantor was required,” she said. “We explained that we were both permanent residents, only to be declined because we did not meet the conditions.”

These rejections, however, are not necessarily motivated by racism.

[But that’s not what the survey says.  This is the Nikkei offering their interpretation.  And look at their reasoning:]

Many landlords fear they may not be able to communicate easily with foreign tenants. Other reasons for refusal to rent include worries that foreign tenants will not follow Japanese customs, such as taking off their shoes inside the house.

[And that’s not racism?  Presuming that foreign tenants cannot communicate?  And justifying the denial of housing due to unfounded “worries” that people allegedly WON’T TAKE OFF THEIR SHOES!?  How would Nikkei editors feel if they were stationed overseas, but were refused apartments because of landlord “worries” that Japanese eat too much rice and might clog the toilets with their BMs?  (We already get enough Japanese grousing about racism when they get seated in an overseas restaurant too close to the toilet.)  On what planet would this not be interpreted as a normalization of prejudice expressed performatively as racism?  I guess Planet Nikkei.]

The survey, the first of its kind conducted by the government, was aimed at obtaining a detailed understanding of human-rights abuses faced by foreigners as Japan at a time when the country is preparing from a dramatic influx in foreign visitors due to the coming of 2020 Tokyo Olympics and Paralympics.

The number of foreign residents reached an all-time high of 2.38 million at the end of 2016, up 6.7% on the year, according to the ministry.

The survey was conducted by the Center for Human Rights Education and Training across 37 areas nationwide between November and December last year. The organization mailed surveys to 18,500 foreign residents and received 4,252 responses.

Chinese and South Koreans combined accounted for over half of the adult respondents, followed by Filipinos, at 6.7%, Brazilians, 5.2%, and Vietnamese, 4.8%.

Of the 2,788 respondents who either worked in Japan or were looking for work here, 25% said they were denied employment because they were not Japanese. The report suggested that language ability did not appear to be the problem, as nearly 95% of those respondents said they spoke conversational, professional-level or fluent Japanese.

About 20% of those working in Japan said they received lower pay than their Japanese counterparts in the same job.

Nearly 30% of all respondents said they had been the target of derogatory remarks or insults due to their ethnic background in the past five years. Of those respondents, about 80% called the experience “unpleasant” or “unacceptable.” However, only 11% had sought help or consultation in response.

[And what’s the point of pointing out like this that they hadn’t sought help or consultation?  That it’s their fault for not seeking help, or that it wasn’t serious enough an issue to bother?  Perhaps they know by now that seeking official assistance in Japan is generally meaningless (see for example here, here, and here)]
ENDS

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

So many little needles, Nikkei, so little tolerance for news that reflects badly on Japan.  That’s why getting rid of Japan’s embedded racism is so difficult — it’s embedded in even the most mainstream of publications and discounted for whatever reasons plausible.  Dr. Debito Arudou

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

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Japan Times JBC column 107: “Time to act on insights from landmark survey of Japan’s foreign residents” Apr 26, 2017

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Hi Blog. My next Japan Times Just Be Cause column has just come out. Here’s the opening:

===================================
TIME TO ACT ON INSIGHTS FROM LANDMARK SURVEY OF JAPAN’S FOREIGN RESIDENTS

The Japan Times, JUST BE CAUSE Column 107, Thursday April 27, 2017, by Debito Arudou

As promised, in March the Justice Ministry released the results of a survey on Japan’s foreign residents (gaikokujin juumin chousa), conducted last year (see “Government, Survey Thyself,” JBC Mar. 5). Compiled by the “Center for Human Rights Education and Training” public-interest foundation (www.jinken.or.jp), it surveyed the types and degrees of discrimination that foreigners face here. (The report in Japanese is at http://www.moj.go.jp/content/001221782.pdf.)

And as promised, here’s JBC’s synopsis of those results:

The report opens with a statement of purpose, talking about the pressures to “live together” (kyousei) with foreigners due to internationalization and globalization, not to mention the upcoming 2020 Tokyo Olympics. Record numbers of foreigners are crossing Japan’s borders, bringing with them different languages and customs, and “so-called” hate speech demos are also causing “numerous human rights problems.” So to lay the groundwork for human rights protections for foreigners, this survey would grasp the issues directly facing foreigners “staying” (zairyuu) in Japan…
===================================

Read the rest in the Japan Times at http://www.japantimes.co.jp/community/2017/04/26/issues/time-act-insights-landmark-survey-japans-foreign-residents/.

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

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Fukushima Pref Police HQ online poster asking for public vigilantism against “illegal foreign workers, overstayers”

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Hi Blog. Check this notice out, from the Fukushima Prefectural Police HQ:

Courtesy http://www.police.pref.fukushima.jp/i/onegai/jyouhou/gaijin.html
(Love how the link is simply “gaijin.html”.  Nice non-racist computer programmers you got there.)

It reads:

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

PLEASE COOPERATE IN INVESTIGATIONS OF CRIME BY FOREIGNERS COMING TO JAPAN.

Nationwide, there are many cases of things like theft and heinous crimes by foreign muggers coming to Japan. In Fukushima Prefecture as well, the following have occurred:

  • Widespread cases of burglaries targeting [including grammatical error of wo tou wo] precious metal shops.
  • Burglaries at pachinko parlors using body-sensitive machines (taikanki) [whatever those are].
  • Cases of auto break-ins.

ILLUSTRATIONS:  WHAT IS THIS PERSON UP TO?

  • Illustration caption one:  Skulking around vending machines.
  • Illustration caption two:  Looking for anti-theft devices.
  • Illustration caption three:  Peeping around other people’s cars.

If you see or hear about a suspicious person such as this, contact your nearest police station or police box, or call 110 if an emergency.

PLEASE COOPERATE IN UNCOVERING FOREIGN ILLEGAL OVERSTAYS AND ILLEGAL WORKERS.

Illegal entrance to the country of course applies to foreigners who enter the country legally and stay beyond their legal residency period, and if they work under the wrong visa laws.

Employers who also employ foreigners illegally are punishable under the laws.  We ask that employers who employ foreigners follow the laws strictly.

PLEASE CONTACT YOUR NEAREST POLICE BOX OR STATION IF YOU DISCOVER ANY FOREIGNER ENTERING THE COUNTRY OR WORKING ILLEGALLY.

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

As submitter XY says, “Not only are they perpetuating the stereotype of NJ being criminals, they’re basically asking the public to act as vigilante immigration officers.”

And there’s a bit more.  Look at the tab for the website above all this:

「ヤミ金融業者に注意!!福島警察本部」, or “Beware of Black Market Financiers!” What’s this got to do with “gaijin”?  Oh, I guess if falls under the “Anti Group-Crimes Policy Section” (soshiki hanzai taisaku ka, see very top of poster), which, according to the National Police Agency, foreigners are allegedly more likely to commit even in “group-oriented Japanese society”.  So I guess the gaijin are somehow also involved in Black Finance as well.

COMMENTS:  Well, let’s put this into context with all the other police posters we’ve been cataloging here at Debito.org for many years.  We’ve had the local police claiming that many crimes have been committed by foreigners in their area (while we’ve found that at in at least one case, despite police claims of “many cases”, crimes committed by foreigners were actually ZERO), and once again demonstrating how enlisting the public in racial profiling is their modus operandi.

In Fukushima Prefecture itself, according to the prefectural government, crime has been going steadily down without fail since 2002 (with no mention of foreign crime in the stats; you can bet that it would have been mentioned if it was significant).  Foreign crime in Fukushima doesn’t even make the top 80% of all foreign crime committed by prefecture in 2011, the year everything went pear-shaped, according to the Ministry of Justice (see page 58).  In the general NPA foreign crime report dated April 2015, Fukushima is only mentioned twice (talking about two individual crimes as case studies illustrative of “what foreign criminals do”), without overall crime breakdown by prefecture. And after a fairly exhaustive search, I can’t find ANY recent official stats on foreign crime in Fukushima, either in terms of numbers or rate of change.  So I think this is probably just another example of the Japanese police manufacturing a fictitious foreign crime wave.

Another comment I’d like to make is about the irony here.  Fukushima has grumbled about how its exiled citizens are being treated as radioactively contaminated pariahs across the country and refused service.  How sad that, despite this experience, the Fukushima Police haven’t learned that you shouldn’t target people this way.  Oh, but then again, they’re only talking about foreigners, and they don’t count:  foreigners shouldn’t be here in our peaceful society anyway if they’re just going to commit crime (or are, incorrectly, rumored to commit crime).  And here is just another example to see how racism is embedded in Japan all over again.  Dr. Debito Arudou

————————–

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Unprecedented Ministry of Justice survey of NJ discrimination results out, officially quantifies significantly high rates of unequal treatment

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Hi Blog. As promised, the Ministry of Justice’s official survey on discrimination against foreigners (alas, not “racial discrimination”) came out late last month. Debito.org first reported on this survey some months ago, received primary-source information on it from a Debito.org Reader, and then did a Japan Times column on it. Now the results are out, and they have officialized the levels of discrimination against NJ residents nationwide. I’ll refrain from comment at the moment (Debito.org Readers, please feel free to take up the slack), but for the record, the entire report from the MOJ is here (courtesy of TH). Thanks everyone for all the articles, and for your patience in my getting to this. Dr. Debito Arudou

REFERENTIAL ARTICLES:
////////////////////////////////////////
30% of foreigners living in Japan claim discrimination: gov’t survey
http://mainichi.jp/english/articles/20170331/p2a/00m/0na/016000c
March 31, 2017 (Mainichi Japan), courtesy of JK

Some 29.8 percent of foreign residents of Japan have experienced discrimination in the past five years, according to Justice Ministry survey results released on March 31.

The survey was conducted in November and December last year on 18,500 mid-to-long-term foreign residents aged 18 or over, including ethnic Koreans with special permanent resident status. Responses were received from 4,252 people.

The survey was carried out with the cooperation of 37 municipal governments, including those of Tokyo’s Minato Ward and the cities of Sapporo, Yokohama, Nagoya, Osaka and Fukuoka. By nation of origin, the greatest number of respondents was from China, at 1,382 people, or 32.5 percent, followed by South Korea at 941 people, or 22.1 percent, and the Philippines, at 285 people, or 6.7 percent.

Of the respondents, 1,269 said they had been the target of discriminatory language. Some 53.3 percent of these respondents, or 676 people, said the offender had been “a stranger.”

In the last five years, 2,044 of the respondents, or 48.1 percent, had looked for a home, and 804, or 39.3 percent, had the experience of being denied a lease because they were a foreigner.

Regarding their exposure to hate speech, 1,826 people, or 42.9 percent of the respondents, said they had seen or heard reports about hate speech demonstrations targeting particular races or ethnic groups through media such as television, newspaper or magazines. Some 1,416, or 33.3 percent, said they had seen reports on hate speech on the internet.

Legal affairs bureaus around the nation have sections where people can seek help regarding human rights issues, but at least 80 percent of survey respondents did not know this. A Justice Ministry representative said, “We want to consider methods to spread awareness of help centers and make them easy for foreign residents to use.”

The survey was the central government’s first ever into discrimination against foreigners. The Justice Ministry plans to examine the results and apply them to its human rights policies.

Japanese version

国内居住外国人
差別発言「受けた」3割 入居拒否も4割 法務省調査
http://mainichi.jp/articles/20170331/dde/041/040/067000c?ck=1
毎日新聞 2017年3月31日 東京夕刊

法務省は31日、国内に住む外国人を対象にした差別に関する実態調査の結果を公表した。過去5年間に日本で外国人を理由に侮辱されるなどの差別的な発言を受けた経験のある人は全体の29・8%。また、日本で住居を探した経験のある人のうち、外国人を理由に入居を断られた経験がある人は39・3%だった。外国人差別の国の実態調査は初めて。同省は結果を分析し、人権政策に反映させる。【鈴木一生】

調査は昨年11~12月、18歳以上の中長期の在留資格を持つ外国人や在日韓国・朝鮮人などの特別永住者ら1万8500人を対象とし、4252人が回答した。

東京都港区、札幌市、横浜市、名古屋市、大阪市、福岡市など全国37自治体と協力して実施。回答者の国籍・出身地域別は最多が中国32・5%(1382人)で、韓国22・1%(941人)、フィリピン6・7%(285人)と続いた。

差別的な発言を受けたと回答した外国人は1269人。「誰から言われたか」(複数回答)では「見知らぬ人」が53・3%(676人)で最も多かった。過去5年間に日本で住む家を探した経験のある人は全体の48・1%(2044人)で、外国人を理由に入居を断られた経験のある人は804人だった。

特定の人種や民族などへの憎悪をあおるヘイトスピーチを伴うデモを見聞きした経験については「テレビ、新聞、雑誌などのメディアを通じて見聞きした」と回答した人が42・9%(1826人)、「インターネットで見た」とした人が33・3%(1416人)だった。

全国の法務局・地方法務局には人権に関する相談窓口が設けられているが、知らない人が全体の8割以上を占めていた。法務省の担当者は「身近にある相談窓口の周知や、外国人の住民に気軽に利用してもらう方法を検討したい」と話している。
ENDS
////////////////////////////////////////

外国人の4割が入居拒否を経験 法務省調査
東京新聞 2017年3月31日 夕刊 courtesy of TH
http://www.tokyo-np.co.jp/article/politics/list/201703/CK2017033102000259.html

法務省は三十一日、日本に住む外国人を対象に初めて実施した差別や偏見に関する調査の結果を公表した。過去五年間に日本で住居を探した二千四十四人のうち、外国人であることや、日本人の保証人がいないことを理由に入居を断られた経験がある人は、それぞれ約四割だった。物件に「外国人お断り」と書かれているのを見て諦めた人も約27%いた。
日本で仕事を探したり働いたりしたことがある二千七百八十八人のうち、外国人であることを理由に就職を断られた経験がある人は25%。このうち日本語での会話ができない人はほとんどいなかった。同じ仕事をしているのに日本人より賃金が低かったと回答した人は約20%だった。
調査対象は十八歳以上の一万八千五百人で、四千二百五十二人が回答した。
全体の約30%が差別的なことを言われた経験があり、ヘイトスピーチを見たり聞いたりした四千八十五人のうち約80%は「不快」「許せない」など否定的な感情を持った。
一方、差別を受けたときにどこかに相談したことがある人は全体の約11%。法務局の人権相談窓口を知っている人も約12%にとどまった。
法務省は二〇二〇年東京五輪・パラリンピックを控えて日本に入国する外国人が増える中、人権侵害などの実態を把握する必要があると判断。公益財団法人「人権教育啓発推進センター」に調査を委託した。
調査は一六年十一月十四日~十二月五日、全国の三十七市区を対象に一市区当たり五百人を無作為に抽出して実施。国籍・出身地域別では中国と韓国で過半数を占め、フィリピン、ブラジル、ベトナムと続いた。
ENDS
////////////////////////////////////////

About 40% of foreigners seeking housing in Japan turned away: survey
TOKYO, March 31, 2017, Kyodo News, courtesy of TH
http://english.kyodonews.jp/news/2017/03/466425.html

About 40 percent of foreigners have experienced being turned down when looking for a place to live in Japan because they were not Japanese, the results of a Justice Ministry survey showed Friday.

Of the 2,044 respondents who said they had tried to find residential accommodation in Japan in the past five years, 40 percent said they had been rebuffed in their efforts because they were foreigners.

Around 27 percent said they had given up on a property after seeing a notice saying foreigners are not accepted.

The ministry conducted its first-ever survey to identify the forms of discrimination faced by foreigners in Japan in the run-up to the 2020 Olympic Games in Tokyo. It randomly selected 500 foreigners aged 18 and older in each of 37 municipalities across Japan and 4,252 responded from among the 18,500 people surveyed. Multiple answers were allowed in the survey.

Chinese and South Korean nationals comprised more than half the survey participants, followed by Filipinos, Brazilians and Vietnamese.

Among 2,788 people who have either job-hunted or have worked in Japan, 25 percent said they were refused work for being a foreign national and about 20 percent said their wages were lower than Japanese employees engaged in the same work, even though most of the respondents were able to have a conversation in Japanese, the survey added.

In the survey, conducted between mid-November and early December last year, around 30 percent of all the respondents said they had been subjected to discriminatory remarks, while around 80 percent of 4,085 people who said they have either witnessed or heard hate speech developed negative feelings such as “discomfort” or “intolerance.”

Meanwhile, only around 11 percent of the total respondents said they had sought advice from an institution when faced with discrimination while only about 12 percent said they knew of consultation services offered at the Justice Ministry’s legal affairs bureaus across Japan.
ENDS

And finally, The Japan Times’s take, complete with self-hating foreigner comments beneath, as usual:

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

Japan’s foreign residents offer up insights in unprecedented survey on discrimination
BY TOMOHIRO OSAKI, STAFF WRITER, THE JAPAN TIMES, MAR 31, 2017
http://www.japantimes.co.jp/news/2017/03/31/national/japans-foreign-residents-sound-off-in-unprecedented-survey-on-discrimination/

Rent application denials, Japanese-only recruitment and racist taunts are among the most rampant forms of discrimination faced by foreign residents in Japan, according to the results of the country’s first nationwide survey on the issue, released Friday.

The unprecedented survey of 18,500 expats of varying nationalities at the end of last year paints a comprehensive picture of deeply rooted discrimination in Japan as the nation struggles to acclimate to a recent surge in foreign residents and braces for an even greater surge in tourists in the lead-up to the 2020 Tokyo Olympics.

It also represents the latest in a series of fledgling steps taken by Japan to curb racism, following last year’s first-ever video analysis by the Justice Ministry of anti-Korea demonstrations and the enactment of a law to eradicate hate speech.

In carrying out the survey, the Justice Ministry commissioned the Center for Human Rights Education and Training, a public foundation, to mail questionnaires to non-Japanese residents in 37 municipalities nationwide. Of the 18,500, 4,252 men and women, or 23.0 percent, provided valid responses. Nationalities included Chinese, South Koreans, Filipinos, Brazilians, Vietnamese and Americans.

The study found that 39.3 percent of 2,044 respondents who applied to rent apartments over the past five years got dismissed because they are not Japanese.

In addition, 41.2 percent said they were turned down because they couldn’t secure a Japanese guarantor, while 26.8 percent said they quit their pursuit of a new domicile after being discouraged by a “Japanese-only” prerequisite.

Workplace discrimination appears rife, too.

Of the 4,252 respondents, 2,788 said they had either worked or sought employment in Japan over the past five years. Of them, 25.0 percent said they had experienced being brushed off by potential employers because they are non-Japanese, while 19.6 percent said they were paid lower than their Japanese co-workers.

In a separate question, 29.8 percent of those who responded to the survey said they either “frequently” or “occasionally” heard race-based insults being hurled at them, mostly from strangers (53.3 percent), bosses, co-workers and business partners (38.0 percent) and neighbors (19.3 percent).

Among other examples of unpleasantness mentioned by respondents were “getting weird stares from strangers (31.7 percent),” “being harassed because of poor Japanese-language proficiency (25.1 percent)” and “being avoided in public spaces such as buses, trains and shopping malls (14.9 percent).”

“We believe this survey will serve as key basic data for us to implement policies to protect human rights of foreign nationals in the future,” Justice Minister Katsutoshi Kaneda told reporters Friday.

The implementation of the survey is the latest sign that Japan, after years of inaction, is inching toward tackling the problem of racism as the nation becomes increasingly diverse.

A Justice Ministry statistic released last September showed that the number of permanent as well as middle- and long-term foreign residents in the country hit a record 2.307 million in June, up about 135,000 from a year earlier.

Adding to this is the advent in recent years of jingoistic rallies staged by ultraconservative civic groups on the streets of ethnic Korean neighborhoods, such as Shin-Okubo in Tokyo and Kawasaki, calling for the “massacre” of Koreans they branded as “cockroaches.”

The Justice Ministry’s first probe into hate speech concluded in March last year that 1,152 such demonstrations took place from April 2012 to September 2015 across the nation.

In a related move, an unprecedented hate speech law was enacted last year, highlighting efforts by the central government and municipalities to take steps to eliminate such vitriolic language.

Still, despite being a signatory to the U.N.-designated International Convention on the Elimination of All Forms of Racial Discrimination, Japan has for years shied away from enacting a comprehensive law banning racism, based on the position that discrimination here is “not serious enough to legalize punitive measures against the dissemination of racist ideology and risk having a chilling effect on proper speech,” as stated by the Foreign Ministry.

Kim Myungsoo, a professor of sociology at Kwansei Gakuin University, hailed the ministry’s latest survey, saying it shed light on the reality of racism inherent to Japan that effectively discredits this government stance.

“The survey publicly confirmed the reality of victimization caused by racism in Japan, which would prevent the government from sticking to its conventional assertion,” said Kim, who himself is an ethnic Korean resident. “I believe the government is ready to change its position.”

Hiroshi Tanaka, a professor emeritus at Hitotsubashi University, said the government has much to learn from the results of this survey, noting an overwhelming 85.3 percent of the respondents said they were not aware of human rights consultation services made available by regional branches of the Justice Ministry.

But a sad irony, he pointed out, plagues these services in the first place, with foreign nationals effectively disqualified from becoming counselors there due to a law that makes having Japanese nationality a prerequisite for the post.
ENDS

=================================
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Reuters: Japan’s foreign asylum seekers tricked into Fukushima radiation clean-up

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Hi Blog. Here’s a scoop involving several layers of odious. It’s not just a matter of Japan’s poor or homeless (or other foreigners) being exploited for dangerous and life-threatening jobs cleaning up the radioactive mess in Fukushima.  Now Japan’s government is quite possibly complicit in tricking foreign ASYLUM SEEKERS into doing the dirty work for the sake of being granted extensions to their visa (which in the end turned out to be “a false promise”). All this under conditions where, according to the Reuters article below, “more than half of the 1,020 companies involved in decontamination violated labor and safety laws”. Further, as submitter JDG notes, “Asylum seekers in Japan tricked into doing nuclear decontamination work in Fukushima because when they get over-dosed on radiation and contaminated, the J-gov can always reject their asylum applications and deport them after all, right?”

As Debito.org has noted before, there is a metaphorical radioactivity to Fukushima that overwhelms law and order and corrodes all sense, bringing out the corrupt criminal underbelly of Japan’s bureaucratic and political worlds. Fukushima’s running-sore of an issue has undermined all integrity at the eventual expense of lives, particularly those of the most powerless in society. Six years after the event, the whitewashing of the issue continues. Dr. Debito Arudou

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Bangladeshi asylum seekers tricked into radiation clean-up: media
Reuters India, March 8, 2017, courtesy of JDG
By Minami Funakoshi and Thomas Wilson | TOKYO
http://in.reuters.com/article/us-japan-fukushima-asylumseeker-idINKBN16F0YN

FILE PHOTO – Big black plastic bags containing radiated soil, leaves and debris from the decontamination operation are dumped at a seaside, devastated by the March 11, 2011 earthquake and tsunami in Tomioka town, Fukushima prefecture, near Tokyo Electric Power Co’s (TEPCO) tsunami-crippled Fukushima Daiichi nuclear power plant February 22, 2015. REUTERS/Toru Hanai/File Photo

Two Bangladeshi asylum seekers in Japan cleared up radioactive contamination from one of the world’s worst nuclear disasters on the false promise doing so would win them permission to stay in the country longer, media reported on Wednesday.

The Fukushima nuclear plant suffered multiple meltdowns after being hit by a tsunami triggered by a big earthquake on March 11, 2011. Companies decontaminating areas around the plant, which usually involves removing radioactive top soil, have struggled to find workers willing to do the job.

The two men, who arrived in Japan in 2013 saying they were escaping political persecution, said they were told by brokers and construction companies that their visas would be extended if they did decontamination work, the Chunichi newspaper reported.

“We believed the visa story because they said it’s a job Japanese people don’t want to do,” Chunichi quoted one of the men, Monir Hossain, as saying.

Reuters was not able to reach the two men.

The men did the decontamination work in Iitate village, about 50 km (30 miles) south of the plant, from January to March 2015, Chunichi said.

Japan maintains tight controls on the entry of foreign workers but asylum seekers are allowed to work while their applications are reviewed. Many have permits allowing them to stay and work that have to be renewed every six months.

Mitsushi Uragami, a justice ministry official who oversees refugee recognition, said there were no residence permits on offer for people doing decontamination.

“The length of asylum seekers’ residence permits and them doing decontamination work are unrelated. If anyone is giving inaccurate explanations about this, it’s problematic,” Uragami told Reuters.

The department was investigating the case, he said.

Takuya Nomoto, an environment ministry official overseeing decontamination, said the Chunichi report did not give the names of the companies or labor brokers involved, and as such the ministry was not able to confirm it.

The Fukushima Labour Bureau said this month more than half of the 1,020 companies involved in decontamination violated labor and safety laws last year.

Reuters revealed in 2013 that homeless men were put to work clearing radioactive soil and debris in Fukushima for less than the minimum wage.

Reuters also found the clean-up depended on a little scrutinized network of subcontractors – many of them inexperienced with nuclear work and some with ties to organized crime.

(Reporting by Minami Funakoshi; Editing by Robert Birsel)
ENDS

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Japan Times JBC 106: “Government, survey thyself”, on unprecedented nationwide poll of NJ on discrimination, with one big blind spot (March 5, 2017)

mytest

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JUST BE CAUSE
justbecauseicon.jpg

ISSUES | JUST BE CAUSE
Government of Japan, survey thyself
BY DEBITO ARUDOU
JBC 106, SPECIAL TO THE JAPAN TIMES, MAR 5, 2017

Something landmark happened late last year. Japan’s government undertook a nationwide survey of discrimination toward Japan’s long-term non-Japanese (NJ) residents.

The Foreign Residents Survey (FRS), drawn up in 13 languages, was randomly mailed last November to 18,500 NJ residents. It was widely dispersed — to about 500 names per local government.

Good. We need hard data about the breadth and depth of discrimination to deal with it. However, previous government surveys analyzed in this column (e.g., “Human rights survey stinks,” Zeit Gist, Oct. 23, 2007) had serious methodological problems. And afterwards, thanks to attention in The Japan Times, they were amended (Source: Embedded Racism p 243 fn 140). Many thanks.

So how is the survey this time? Much better. But it still needs work due to an enormous blind spot…

Read the rest at The Japan times at http://www.japantimes.co.jp/community/2017/03/05/issues/government-japan-survey-thyself/

Version with links to sources up shortly.
=========================

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Ueno Chizuko, fabled feminist Sociology Prof. Emeritus at Tokyo U, argues in newspaper column that Japan will never accept foreigners, and Japanese should just decline into poverty together. Geriatrically rigid rigor.

mytest

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Hi Blog.  On Japan’s National Foundation Day, a time where Japan’s patriots often come out and make statements on what it means to be a “Japanese”, fabled feminist Sociology Professor at Tokyo University Ueno Chizuko wrote something for the Chuunichi Shinbun. As the headline proclaims, “Let’s become equally poor together”.

Here’s a bit more about her in an interview with the Japan Times (2006).

As TG, the person who tipped me off to this article writes, “Chizuko Ueno, Japan’s most famous academic feminist, says there is no chance of reversing the decline in the birthrate; that at the same time Japanese society is inherently incapable of inter-cultural understanding; that therefore she opposes any move to liberalize immigration policy; and that the Japanese people should accept that they are going to gradually decline into poverty over the years to come.

“Hmm. I wonder what Hidenori Sakanaka, Arudou Debito and other FB friends think about this. She is a gadfly who likes to provoke, and you could read this as an attempt at satirical pessimism possibly. Or has she just lost the plot?”

Provoke indeed.  It’s caused a stir on Japanese debate fora (it took more time than usual to find where this article appeared — people were too busy debating this on online fora to even disclose that). And on FB, where I was fortunately tagged, we had some interesting comments:

AB: “I read this yesterday and wondered about 平等に貧しくなろう。She also talks about a soft crash landing, if I recall correctly. Resigned pessimism of the wartime 「まだ焼き出されていないのか」type was my interpretation, but I don’t suppose I’m right.”

CD: >こういう「もう経済成長しなくていい」「一緒に衰退していこう」みたいなことを言う似非リベジジババ結構いるんだけど「アンタの人生の終焉に国を巻き込むな」と言いたい。老いて衰退してくのはアンタ自身だ、若い子には「アンタらにはない」可能性がある。世の中の若いヒト全てに対して失礼だ。
“Boom. Couldn’t say it better myself in either language. The myopic narcissistic “L’etat, c’est moi” conflation of self and cultural space in this woman’s train of thought are simply staggering in someone who dares to parade her ideas in the media as a purported “public intellectual”.”

CD(2): “Note that while I am suspicious of her psychological motivations for framing the situation thusly, that does NOT mean that I don’t think it may very well go down the way she lays it out. Unfortunately, there are a lot of people this age and older whose symbolic immortality is so tied up with the idea of “Japan for Japanese only and only the kind of Japan I’ve known” that they would rather “die than switch”, so to speak. Young people had better light a political fire under their butts here, or the whole shebang will slide down in a long, slow geriatric national/cultural kamikaze dive. The event horizon for this is coming up fast.”

EF: “Setting aside the point about having children, many of our students counter her comments regarding the inability of Japanese to gain multi-cultural understandings.”

GH: “I still remember her ‘feminist’ paper given years ago at SOAS, it was premised on two points: western feminism was not a perfect fit to Japan (fair enough, other non-white feminists make similar points), but then everything she said about being a feminist in Japan seemed to contradict her own very existence as a single female academic: it seemed to be about being a better housewife or being happy with different work conditions because of the fragility of the female body (menstrual leave days for example). It only made some sense to me years later, when I saw her speak at a big feminist history conference in Tokyo: her position is against the old hardcore Marxist feminist ideology of the generation just before her (and dating back to before the war). So she’s fighting an ideological battle that pushes her to say the most incredibly bizarre things sometimes: we are not all equal, but equivalent, this was her mantra. Of course equivalences can be very arbitrary…”

And GH is where I came in:

DEBITO: I very much agree with [GH’s] insight, and I think it sheds light into the mentality behind this article. I have often noticed that feminism in Japan is not “equality between the sexes” but “separate but equal” status between the sexes, inherently accepting that inequality is inevitable due to purported physical and emotional differences between men and women. Some things are “women’s work”, for example, and some things are men’s, and you’d better respect that order or else woe betide you for intruding.

Once you accept this kind of natural status quo, it becomes just as easy to accept that there should be “separate for foreigners in Japan” too, however “a foreigner” is defined. The problem is that most people accept without much question the “necessarily separate but unequal” mantra as well, since foreigners are not Japanese, by definition, and Japanese are told on a daily basis (no exaggeration) about the inherent differences between them. And therein lies the slow-drip mindset that over the years will eventually affect even the most intellectually-rigorous, as they get older and fossilized in their beliefs.

You even find it in many very long-term foreigners in Japan, who will even argue that they deserve their own unequal status. Rigor becomes rigid.

So to me, Ueno’s pontificating on the natural order of separation is a natural outcome of living in a society as hierarchical and segregated as Japan’s.  I think with this article, she’d have a more comfortable cup of tea with the likes of Sankei columnist Sono Ayako, who on National Foundation Day exactly two years ago expressly praised South African Apartheid and advocated a similar system for Japan’s foreigners.  –Dr. Debito Arudou

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Reuters: Japan’s NJ workers reach record 1 million; but fine print overlooked, e.g., conflating “Trainees” with “Workers”

mytest

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Hi Blog. The resurgence of Japan’s import labor regime has resumed in earnest, reaching a record at least in the Postwar Era. (Remember that during WWII, Japan’s internal colonial population, as in workers imported from its colonies, was very high; people from the Korean peninsula alone in 1945 were more than two million.)  Now as of 2016, the NJ worker total has hit 1 million, according to Reuters below.

There is some fine print this article should have noted. This “record one million” is of workers, not registered residents alone (which is in fact more than twice the number, at 2.23 million as of 2015), since they have dependents (i.e., spouses with non-work visas and children). But within this one million are people who are not technically “workers” (roudousha), but “Trainees” (kenkyuusei or jisshuusei), who aren’t officially protected by Japan labor laws and are exposed to all manner of abuses, including slavery.

So calling them all “workers” is misleading both in terms of terminology and legal status. Especially since, as the article does rightly note, they are making up 20% of the total, or around 200,000 unprotected NJ laborers.  Now that their numbers have shot up by 25% over one year alone, we can expect that 70% of all their employers will likely expose them to labor abuses.

These are not happy statistics, and for the article to lack this degree of nuance (especially since Reuters itself has done marvelous exposes in the past, even calling “Trainee” employers “sweatshops in disguise”) is at this point an institutional memory problem.

Another problem is the article implying that there is any actual attempt to, quote, “open gates to immigrants”.  Immigration (imin) has never been part of Japan’s policy calculations (and I challenge the journalists researching this article to find that exact word in any of the cited policy directives; their citing a construction company manager, in the unlikely event that he actually used the word imin, is still indicative of nothing) — only temporary stopgap laborers who will give their best working lives and then be sent home at the first economic downturn.  As has happened before, most cruelly.

As much as the article might be trying to attract eyeballs by putting a superlative “record number of” in the headline (and once again sneaking in an angle of hope of actual “immigration” happening), the only change that has happened here is that more NJ are being processed by an exploitative system — one that has by design remained relatively unchanged for nearly three decades, and moreover has been expanded to exploit even more.  So many misdirected angles here.  Dr. ARUDOU, Debito.

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NATIONAL
Foreign workers in Japan hit the 1 million mark for the first time last autumn: ministry
REUTERS/Japan Times JAN 27, 2017
http://www.japantimes.co.jp/news/2017/01/27/national/foreign-workers-japan-hit-1-million-mark-first-time-last-autumn-ministry/

The number of foreign workers in Japan surpassed 1 million for the first time last year, as the labor-strapped country struggles to find enough Japanese workers.

Slightly over a million foreigners from countries such as China and Vietnam were working here as of October, labor ministry data showed Friday.

That was up nearly 20 percent from the previous year and a new record for the fourth straight year.

The figures suggest Japan is increasingly turning to overseas workers to plug its labor shortages despite its reluctance to accept them.

The country is facing its worst labor crunch since 1991 amid a shrinking and aging population, which has prompted calls from the International Monetary Fund for it to accept more overseas workers to boost economic growth.

Prime Minister Shinzo Abe has said the country should put more Japanese women and the elderly to work first before accepting immigrants, but policymakers are exploring ways to bring in more foreign workers without calling it “immigration.”

In December, the government expanded the scope of a system for accepting trainee workers from developing countries, while also creating a new visa status for nurses and domestic helpers.

It also aims to court highly skilled workers from overseas, such as academic researchers, by easing the path to permanent residency.

The labor shortage is especially severe in the construction sector, where demand has spiked ahead of the 2020 Tokyo Olympics and for rebuilding following the 2011 Great East Japan Earthquake and tsunami.

Over 41,000 laborers from abroad powered the construction industry as of last October, up from around 29,000 the previous year.

In November, there were over eight times as many job offers for putting together steel construction frames as there were workers, separate government data showed.

“We have on-site managers through our company, but the people who actually do the work, that’s where we lack skilled labor,” said a manager at a major construction company. “That’s where we have to find the people, and why we are trying to open gates to immigrants.”

Workers from China made up over 30 percent of the foreign labor force, rising 6.9 percent from the previous year.

Vietnamese workers were in second place, accounting for around 16 percent of the total foreign workers but up over 50 percent compared to the previous year.

A Reuters investigation last year showed how asylum seekers, some of whom are banned from working, are working on public works projects amid a shortage of Japanese construction workers.

The trainee system, whose aim is to train foreign workers so they can bring skills back to their home country, is often used by labor-strapped companies to secure workers. The program has been long dogged by cases of labor abuse including illegal overtime and unpaid wages, prompting criticism from Human Rights Watch and the U.S. State Department.

Nearly 20 percent of foreign workers were trainees as of last October, labor ministry data showed, rising by over 25 percent from the previous year.
ENDS

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