Patricia Aliperti & Catherine Makino on NJ Sexual Slavery/Human Trafficking in Japan

mytest

Hi Blog. Here is a situation covered only infrequently by the media and by the likes of Debito.org (mainly because there is so little public information out there, and it’s a topic I’m not at liberty to research myself)–how sex trafficking, particularly that involving non-Japanese, is a flourishing business. And how Japan is one of the world’s major trading posts for it.

I’ve dealt with issues of slavery before (to this day, it exists in just about every country on the planet), but Japan’s has always had a wink-wink attitude towards the water trades–even by Prime Ministers regarding Japan’s historical connections–and especially when it comes to its particularly nasty variant involving foreigners. NJ “entertainers” (there was even an official visa category for it) are in a much weaker position linguistically (language barrier), economically (in more desperate straits) and legally (NJ have visas, meaning bosses can use denial of visa status as a further means for forcing compliance). This means it took gaiatsu (i.e. an unfavorable report from the US State Department) before the GOJ actually did anything meaningful about it.

Older article from Catherine Makino follows. And if you hope or think the situation has improved, check out this incredible Powerpoint presentation by Ms. Patricia Aliperti, Rotary World Peace Fellow at the International Christian University in Tokyo, which she gave me after a speech I attended at the Peace as a Global Language Conference in Kyoto last October 27:

https://www.debito.org/HumanTraffickingShortPresentation.ppt

Breathtaking in its breadth and depth, it will open your eyes to the issue. Arudou Debito in Sapporo

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Japan Installs Caution Signal for Sex Traffic
Run Date: 07/18/05
By Catherine Makino WeNews correspondent
http://www.womensenews.org/article.cfm/dyn/aid/2378/context/archive
Courtesy of Aly Rustom

Japan has revised its criminal law to stipulate human trafficking as a crime and punish those involved. Activists, however, remain alarmed by foreign-staffed sex parlors that have made the country a haven for traffickers.

TOKYO (WOMENSENEWS)–There are about 10,000 parlors in Japan that offer sex to patrons.

Many advertise that they have foreign women by using such names as Filipina Pub, Russian Bar or Thai Delight. The patrons pay $60 to $100 for drinks and then an additional $150 to $300 to take women out of the bar to have sex with them.

Most of these women come to Japan on falsified passports or with entertainer or short-term visas, says Hidenori Sakanaka, who until a year ago was the director of the Tokyo Immigration Bureau. They are told that they have to pay off fake debts and their passports often are taken away upon arrival in Japan. The women are beaten and controlled by threats to family members in their home countries.

“Most women are moved from place to place and are too scared to complain,” Sakanaka says.

Sakanaka, who now directs the Japan Aid Association for North Korean Returnees, is credited with pushing through revisions to the law to combat trafficking while in his former post. Passed by the National Diet last month, it has helped abate international concerns about a country that has long been criticized for a too-tolerant an approach to trafficking.

On Saturday, the National Police Agency said police had uncovered 29 cases of human trafficking of foreign women from January to the end of June, up by five from the same period last year.

Despite these and other promising moves by Japan–brought about in part by the activism of Japanese women’s groups–international and local advocates continue to worry about the country’s problem with human trafficking, the world’s third-largest underworld business after trade in drugs and arms, netting $9.5 billion annually.

In a recent report the Japan Network against Trafficking in Persons said that the government’s heightened anti-trafficking efforts had so far not “made a dent.”

Fact-Finding Mission Last Week

Last week, Sigma Huda, the special rapporteur on trafficking for the U.N. Commission on Human Rights, came here on an unofficial fact-finding mission with activists, lawyers, lawmakers, academics and others concerned about human trafficking. The visit followed widespread reports–including by Amnesty International Japan–of South Asian women from developing nations being trafficked in this highly developed country.

“It’s the dark side of globalization,” says Huda, who is based in Bangladesh.

Reports indicate that about 130,000 women come to Japan on entertainer visas every year, but only about 10 percent of them actually perform in legitimate shows at hotels and other venues. Many obtain entertainment visas through agents who recruit them to Japan with promises of jobs that don’t exist.

Sakanaka traces the problem to immigration officials who bend to politicians and businessmen who hire foreign women for illicit purposes. “Some men even said I was out of my mind to try to do something about human trafficking,” he says. “They claimed it was part of Japanese culture to have sex with foreign women. They were addicted to the parlors. I received phone calls from politicians and anonymous threats on my life.”

Japan Kept Off Worst-Trafficker List

Earlier this month, the U.S. State department removed Japan from a special watch list of countries that were to be included on an updated listed as the worst condoners of human trafficking after the Japanese government compiled an action program to combat human traffickers. The State Department had put Japan on that list a year ago.

Under the new Japanese legislation, those who “purchase” people in order to control their activities will face punishment of up to five years in prison. The maximum punishment could be increased to seven years imprisonment if the victim is a minor.

The new legislation will also grant victims, on a case-by-case basis, special residency status even if they have overstayed their original visa, so that they can be rehabilitated.

Before these revisions, police dealt with trafficking by arresting the victims as illegal aliens, jailing them and deporting them as soon as they had enough money to fly home. Traffickers received a fine or a short jail sentence.

One of the most notorious traffickers, Koichi Hagiwara, known as Sony for his habit of videotaping his victims while he humiliated and tortured them, was sentenced in March 2003 and served less than two years in prison for violating labor laws.

Japanese Women Enraged

Japanese women have also pressured the government to do something about human trafficking.

“Many women were enraged by an article in the Asahi Shimbun, a major daily newspaper in Japan, about the practice,” says Sakanaka, the former director of the Immigration Bureau, referring to an investigative article published Oct. 18, 2003. “Until this article came out, Japanese women knew little about the situation. Women’s groups mobilized, and called up magazines and newspapers to protest the treatment of the women victims.”

The government, Sakanaka says, has neglected to investigate many of the abuse cases. These women, he says, live horrific, lonely lives, forced into having unprotected sex and perform other risky acts with dozens of customers a day. “These new laws are valuable. But they also need to strike at the center of organized crime.”

Sakanaka is concerned that most foreign women will be too scared to go to the police because they think they will be killed if they try to escape.

Chieko Tatsumi, an official in the International Organized Crime Division of Japan’s Foreign Ministry, disagrees. She believes the victims would seek protection from the police.

“There has already been an increase in the number of women asking for protection,” Tatsumi says. “In 2002, there were only two Thais who sought help, but in 2004 there were 25.”

She says that the government set a budget of $100,000 in April for helping women who come to a public shelter.

“The government will pay for rehabilitation for the victims of sexual enslavement and tickets for them to return to their home countries,” Tatsumi says. Not enough, says Sono[ko] Kawakami, campaign manager for Victims of Violence of Japan Amnesty International. The government’s measures fail to sufficiently protect victims and the amount of money budgeted to stop trafficking is insufficient, she says.

Her organization wants separate facilities for trafficking victims, rather than housing them with victims of domestic violence. Many victims are so traumatized that they won’t talk to anyone, so they require specialists to handle them, Kawakami says. Since many do not speak Japanese she also wants language translation support for the victims and specialists in human trafficking to assist them.

Although she believes the government can do more, she says the revisions to the criminal law affecting trafficking are a good start.
Keiko Otsu, director of Asian Women’s Shelter in Tokyo, is also pleased with the new laws, but says there are currently only two shelters available for these women.

“The women don’t have any income, assistance or support,” she says. “Some may be pregnant and many have mental and other health problems, including AIDs and other sexually transmitted diseases and need expensive medial care.”

Catherine Makino is a freelance writer in Tokyo. She has written for San Francisco Chronicle, the Japan Times, The Asian Wall Street Journal and the China Morning Post.

For more information:

Japan Network Against Trafficking in Persons:
http://jnatip.blogspot.com
International Organization for Migration:
http://www.iom.int/
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IMADR: Connect Mag on UN Human Rights Council’s first year

mytest

Hi Blog. Here’s a synopsis from Tokyo human rights group IMADR of how the new UN Human Rights Council is doing over its first year of existence. This has been discussed on Debito.org at the following links:

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Economist: UN Human Rights Council in trouble (Posted on Thursday, March 29th, 2007)

A LOT of optimism attended the birth of the UN Human Rights Council, created last year by a 170-4 vote of the General Assembly. Whereas the United States kept on the sidelines (and confirmed this month it would stay away), many Western states saw the new body as an improvement on the discredited Human Rights Commission it replaced. But now some of the commission’s critics are fretting that the Geneva-based council may prove only a little better, or perhaps even worse, than its predecessor…
https://www.debito.org/?p=297

Economist: UN Human Rights Council “adrift on human rights” (Posted on Tuesday, April 17th, 2007)

I’ve been trying to get an opportunity to speak at the UN HRC regarding the Otaru Onsens Case, yet these articles from the Economist keep coming out and offering bad news about the meetings I’ve missed. Would be nice to believe that human rights, from the organization which has established some of the most important conventions and treaties in history, still matter in this day when rules seem grey, and even the most powerful country in the world dismisses long-standing international agreements as “outmoded” and “quaint”…
https://www.debito.org/?p=344

UN.ORG on pushes to make sure HRC holds all countries accountable (Posted on Wednesday, July 25th, 2007)

The UN News has been issuing press releases to make sure the Human Rights Council doesn’t become as emasculated as the former Human Rights Commission–by holding all countries accountable with periodic reviews of their human rights records. Good. Japan in particular is particularly remiss, given its quest for a seat on the UNSC without upholding its treaty obligations…
https://www.debito.org/?p=470

UN News: UNHCR urges HRC to begin reviews of every country’s human rights record (Posted on Saturday, September 15th, 2007)

UN News agency press release reports: United Nations High Commissioner for Human Rights Louise Arbour today urged the Human Rights Council to press forward with its Universal Periodic Review (UPR) mechanism, which allows the human rights records of every country to be scrutinized. Under this new mechanism, over the course of four years, all UN Member States – at the rate of 48 a year – will be reviewed to assess whether they have fulfilled their human rights obligations.
https://www.debito.org/?p=574

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Here’s IMADR. Arudou Debito in Sapporo
(click on image to expand in your browser)
imadrconnectsept2007001.jpg

imadrconnectsept2007002.jpg

imadrconnectsept2007003.jpg

imadrconnectsept2007004.jpg
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Japan Times: My Dec 18 Zeit Gist column on premeditated xenophobia in Japan

mytest

Hello Blog. Here’s the last Japan Times column I’ll do this year–and it’s a doozy. I’m very happy with how it came out, and judging by the feedback I’ve gotten others are too.

It’s about how Japan’s xenophobia is in fact by public policy design, due to unchallenged policymakers and peerage politicians, and how it’s actually hurting our country. Have a read if you haven’t already.

Best wishes for the holiday season, Arudou Debito in Sapporo, Japan

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“THE MYOPIC STATE WE’RE IN”

Fingerprint scheme exposes xenophobic, short-sighted trend in government

By ARUDOU DEBITO

THE JAPAN TIMES COMMUNITY PAGE

Column 42 for The Zeit Gist, Tuesday, Dec. 18, 2007

“Director’s Cut” of the article with links to sources at

https://www.debito.org/japantimes121807.html

Excellent illustration by Chris MacKenzie at the Japan Times website at

http://search.japantimes.co.jp/cgi-bin/fl20071218zg.html

We all notice it eventually: how nice individual Japanese people are, yet how cold — even discriminatory — officialdom is toward non-Japanese (NJ). This dichotomy is often passed off as something “cultural” (a category people tend to assign anything they can’t understand), but recent events have demonstrated there is in fact a grand design. This design is visible in government policies and public rhetoric, hard-wiring the public into fearing and blaming foreigners.

Start with the “us” and “them” binary language of official government pronouncements: how “our country” (“wagakuni”) must develop policy for the sake of our “citizens” (“kokumin”) toward foreign “visitors” (rarely “residents”); how foreigners bring discrimination upon themselves, what with their “different languages, religions, and lifestyle customs” an’ all; and how everyone has inalienable human rights in Japan — except the aliens.

The atmosphere wasn’t always so hostile. During the bubble economy of the late ’80s and its aftermath, the official mantra was “kokusaika” (internationalization), where NJ were given leeway as misunderstood outsiders.

But in 2000, kicked off by Tokyo Gov. Shintaro Ishihara’s “sangokujin” speech — in which he called on the Self-Defense Forces to round up foreigners during natural disasters in case they riot — the general attitude shifted perceptibly from benign neglect to downright antipathy….

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

REST AT

https://www.debito.org/japantimes121807.html

http://search.japantimes.co.jp/cgi-bin/fl20071218zg.html

ENDS

Yomiuri: GOJ to forbid employers from confiscating NJ passports

mytest

Hi Blog. Here’s some good news.

After much trouble with employers confiscating NJ worker passports (ostensible reasons given in the article, but much of the time it led to abuses, even slavery, with the passport retained as a Sword of Damocles to elicit compliance from workers), the GOJ looks like it will finally make the practice expressly illegal.

About time–a passport is the property of the issuing government, and not something a foreign government (or another person) can impound indefinitely. The fact that it’s been used as a weapon to keep the foreign Trainee laborer in line for nearly two decades speaks volumes about the GOJ’s will to protect people’s rights once they get here.

Glad this is finally coming on the books. Now let’s hope it gets enforced. Referential articles follow Yomiuri article:

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Govt guidelines to forbid firms to keep foreign trainees’ passports
The Yomiuri Shimbun, Dec 18, 2007
http://www.yomiuri.co.jp/dy/national/20071218TDY01307.htm
Courtesy Jeff Korpa and Mark Schreiber

The Justice Ministry looks set to stop companies that accept foreign trainees from confiscating trainees’ passports and foreign registration certificates, ministry sources said Monday.

The toughened ministry guidelines for host companies also state that preventing foreign trainees from traveling wherever they wish to go when they are off duty is unacceptable. Firms have been curtailing the movement of workers and holding on to passports and certificates to prevent such trainees from disappearing.

The ministry will likely release the guidelines this week and will notify organizations, including commerce and industry associations, that accept foreign trainees of the new rules.

The foreign trainee system was designed to enhance international relations by introducing foreign trainees to new technology and skills, but it often has been misused as an excuse to bring unskilled workers into the country.

Commerce and industry associations and organizations of small and midsize companies accept foreign trainees, who are introduced to companies to learn skills for up to three years.

Under the current system, foreign trainees receive one year of training followed by two years as on-the-job trainees. As the training year is not considered employment, such workers are not protected by the Labor Standards Law.

The new guidelines for the entry and stay management of foreign trainees are a revised version of the 1999 guidelines.

The new guidelines prohibit host companies from using improper methods to manage foreign trainees, such as holding their passports, and foreign nationals from being accepted through brokering organizations other than via authorized organizations

Also banned are misleading advertisements for the recruitment of host companies, such as those that say foreign trainees can be used to resolve a labor shortage.

The tougher regulations are aimed at preventing commerce and industry associations from becoming nominal organizations for accepting foreign trainees. This practice has seen brokering organizations exploit foreign trainees by introducing them to companies.

To prevent overseas dispatch organizations from exploiting foreign trainees, the new guidelines also include a measure that requires host companies to refuse to accept foreign trainees in the event a foreign dispatch organization is found to have asked them to pay a large deposit. The guidelines have been revised for the first time in eight years because companies that do not not qualify to take on foreign trainees have been taking a rapidly increasing number of such workers.
==========================
ARTICLE ENDS

REFERENTIAL ARTICLES:
Japan scheme ‘abuses foreign workers’
By Chris Hogg BBC News, Tokyo, Wednesday, 3 October 2007
https://www.debito.org/?p=681

EXPLOITING VIETNAMESE Apocalypse now
Japan Times Sunday, April 29, 2007 By MARK SCHREIBER Shukan Kinyobi (April 20)
https://www.debito.org/?p=619

POINT OF VIEW/ Hiroshi Tanaka: Japan must open its arms to foreign workers
07/03/2007 THE ASAHI SHIMBUN
https://www.debito.org/?p=478

Nearly 10,000 foreigners disappear from job training sites in Japan 2002-2006
JAPAN TODAY.COM/KYODO NEWS Monday, July 2, 2007
https://www.debito.org/?p=475

Govt split over foreign trainee program
Yomiuri Shimbun May 19, 2007

https://www.debito.org/?p=435
For starters…
Arudou Debito in Sapporo
ENDS

Himu Case: Tokyo District Court orders Sankei Shinbun to pay NJ damages for reporting erroneous al-Qaeda link

mytest

Hi Blog. We’ve had enough rotten news recently. Now for some good news.

A Bangladeshi by the name of Islam Himu (whom I’ve met–he’s on my mailing lists) was accused during the al-Qaeda Scare of 2005 of being part of a terrorist cell. And the media, particularly the Sankei, reported him by name as such. Detained for more than a month by the cops, he emerged to find his reputation in tatters, his business rent asunder, and his life irrevocably changed.

This is why you don’t report rumor as fact in the established media. And as we saw in the Sasebo Shootings a few days ago, the papers and the powers that be won’t take reponsibility even when they get it wrong.

So Mr Himu sued the Sankei. And won. Congratulations. A good precedent. Now if only could get the Japanese police to take responsibility when they overdo things. Well, we can dream.

News article, referential Japan Times piece, and other background follows. Arudou Debito in Sapporo

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

Sankei newspaper ordered to compensate foreigner over Al Qaeda slur
(Mainichi Japan) December 11, 2007
http://mdn.mainichi.jp/national/news/20071211p2a00m0na027000c.html

The Sankei newspaper has been ordered by the Tokyo District Court to pay a foreigner 3.3 million yen in compensation for implying he was linked to Al Qaeda and plotting a terrorist attack.

The court found the paper had defamed 37-year-old company president Islam Mohamed Himu of Toda, Saitama Prefecture, and ordered it to compensate him.

“It was inappropriate to publish his name,” Presiding Judge Hitomi Akiyoshi said as she handed down the ruling.

Sankei officials said they were not sure how the company will react to the case.

“We want to take a close look at the ruling before deciding how to respond,” a Sankei spokesman said.

Court records showed that Himu was arrested in 2004 for forgery and fined 300,000 yen. The day after his arrest, the Sankei ran a front page story under the headline “Underground bank produces terror funds, man with links to top terrorists arrested.”

Sankei proceeded to write that Himu had links to high-ranking Al Qaeda members and was suspected of involvement in procuring funds for terrorism.
ENDS
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Alleged al-Qaeda link seeks vindication
Bangladeshi wants apology, claims he was falsely accused by police, press
The Japan Times April 2, 2005
http://search.japantimes.co.jp/print/nn20050402f4.html

A Bangladeshi businessman who was incorrectly alleged by police and the media last year as being linked to the al-Qaeda terrorist network is seeking vindication.

Investigators held Islam Mohamed Himu for 43 days but ultimately found he had no links to al-Qaeda.

Himu said that even since being freed, he has struggled to get his life and business back on track. He has filed a complaint of human rights violations with the Japan Federation of Bar Associations.

“I want to ask senior officials of the government or police: what was my fault?” Himu said in an interview.

“The Japanese police and media have destroyed my life,” said the 34-year-old, who runs a telecommunications company in Tokyo.

“I want them to apologize and restore my life,” he said, urging the government to help him obtain visas to make business trips to several countries that have barred his entry following the allegations.

Himu came to Japan in 1995 with his Japanese wife, whom he had met in Canada. After establishing a firm in Tokyo that mainly sells prepaid international phone cards, he obtained permanent residency in 2000.

Police arrested him last May 26 and issued a fresh warrant June 16. They alleged he had falsified a corporate registration and illegally hired two employees, including his brother.

While in custody, investigators mostly asked if he had any links to al-Qaeda, noting that a Frenchman suspected of being in al-Qaeda bought prepaid phone cards from him several times, according to Himu.

He said he tried to prove he had no connection with terrorists, telling police the Frenchman was one of several hundred customers and he had no idea the man used an alias.

However, police dismissed his claim, he said, and leaked to major media organizations, including Kyodo, their suspicions that he was involved with al-Qaeda, and all of them reported the allegations.

Himu said he believes police arrested him as a scapegoat even though they knew he had no link with al-Qaeda.

He was nabbed shortly after the media reported that the Frenchman had stayed in Japan in 2002 and 2003.

Prosecutors did not indict him on the first charge, while a court fined him 300,000 yen on the second charge. He was released on July 7.

Himu said the prosecutors’ failure to indict proves he was not an al-Qaeda member, but it did not necessarily constitute a public apology.

All his employees left following the release of the sketchy police information, and he now has 120 million yen in debts due to the disruption of his business, he claimed.

The Japan Times: Saturday, April 2, 2005

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REFERENTIAL LINK:
Japan Times and Asia Times articles on 2004 police Al-Qaeda witch hunt, Himu Case, and police detentions in Japan.
https://www.debito.org/japantimes102305detentions.html

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アルカイダ報道:産経新聞に330万円賠償命令 東京地裁

mytest

アルカイダ報道:産経新聞に330万円賠償命令 東京地裁
毎日新聞 2007年12月10日 19時48分 (最終更新時間 12月10日 20時48分)
http://mainichi.jp/select/jiken/news/20071211k0000m040054000c.html
 国際テロ組織アルカイダと関係があると実名報道され名誉を傷付けられたとして、バングラデシュ国籍の会社社長、イスラム・モハメッド・ヒムさん(37)=埼玉県戸田市=らが産経新聞社に330万円の賠償を求めた訴訟で東京地裁は10日、全額支払いを命じた。秋吉仁美裁判長は「慎重な裏付け取材を続ける必要があった。少なくとも実名報道は妥当ではない」と指摘した。 

 判決によるとヒムさんは04年、電磁的公正証書原本不実記録容疑などで逮捕され、出入国管理法違反で罰金30万円の略式命令を受けた。産経新聞は逮捕翌日に1面で「地下銀行でテロ資金 幹部と接触男を逮捕」との見出しで、ヒムさんがアルカイダ幹部と接触し、テロ資金の送金に関与した疑いがあるなどと報じた。【高倉友彰】
ENDS

UN Universal Declaration of Human Rights 60th Anniversary Dec 10, 2007

mytest

HUMAN RIGHTS ENSHRINED IN UN DECLARATION APPLY UNIVERSALLY, SAYS BAN KI-MOON
Courtesy UN News New York, Dec 10 2007 4:00PM

The freedoms upheld in the historic United Nations Universal Declaration of Human Rights must be enjoyed by everyone, Secretary-General Ban Ki-moon said today on the occasion of Human Rights Day.

The Day also kicked off a year-long UN system-wide campaign, with the theme “Dignity and Justice for All of Us,” to raise awareness of the Declaration, which turns 60 on 10 December 2008.

“The Declaration remains as relevant today as it did on the day it was adopted,” Mr. Ban said. “But the fundamental freedoms enshrined in it are still not a reality for everyone. Too often, Governments lack the political will to implement international norms they have willingly accepted.”

He said that this year leading up to the 60th anniversary of the landmark document provides an opportunity to reinvigorate efforts to ensure that the Declaration’s freedoms apply to all.

“It is a chance to ensure that these rights are a living reality – that they are known, understood and enjoyed by everyone, everywhere,” the Secretary-General noted. “It is often those who most need their human rights protected, who also need to be informed that the Declaration exists – and that it exists for them.”

UN High Commissioner for Human Rights Louise Arbour, in a separate message, paid tribute to those who have given their lives in the pursuit of transforming the ideals of the Declaration – inherent human dignity, justice, non-discrimination, equality, fairness and universality – into reality.

“Today is also the day to reflect upon our individual and collective failures to stand up against violence, racism, xenophobia, torture, repression of unpopular views and injustices of all sorts,” she observed.

Efforts to make sure that every person can rely on just laws for his or her protection must be stepped up in the year leading up to the Declaration’s 60th anniversary, the High Commissioner said.

“In today’s growing divisions between the rich and the poor, the powerful and the vulnerable, the technologically advanced and the illiterate, the aggressors and the victims, the relevance of the Declaration and the universality of enshrined rights need to be loudly reaffirmed,” she declared.

The President of the General Assembly also sounded the alarm about those who are denied the Declaration’s rights, stating that “it is incumbent upon us to champion their cause.”

Srgjan Kerim urged that measures to promote rights should “live up to the spirit embodied by those who had the courage and conviction to leave us with this great legacy.”

Underscoring the rights of girls and women, who continue to be subjected to discrimination and violence, the head of the UN Population Fund (UNFPA) stressed that “every human being should be able to live and make decisions free of coercion, discrimination and violence.”

Executive Director Thoraya Ahmed Obaid pointed out that although it has been long-recognized that all couples and individuals have a right to decide whether and when to have children, some 200 million women worldwide have no access to modern contraception.

She also noted that while the right to health has similarly long been recognized, a woman dies every minute during pregnancy and childbirth because of lack of maternal health services.

The UN’s independent rights experts marked the Day with a call for the elimination of the twin scourges of discrimination and exclusion.

“Discrimination continues to distort the economic, social and political contours of societies,” the UN special procedures mandate holders – ranging from rapporteurs and experts to working groups – said in a joint statement. “Individuals and communities face discrimination and exclusion on the basis of their race, ethnicity, religion, language, sex or sexual orientation amongst many other grounds.”

The group emphasized that if left unchecked, the consequences of discrimination and exclusion “can begin to create fault lines within society between those who have full rights, justice and dignity respected, and those who do not.”

Events commemorating the Day are taking place throughout the world. At UN Headquarters today, panel discussions on human rights will be held, while a special celebration was held at the world body’s Geneva office, where the Office for the High Commissioner for Human Rights and the Human Rights Council are based.

An essay competition for teenagers is being held on the occasion of the Day in Parwan province, north of Afghanistan’s capital Kabul. Meanwhile, in Paktia province, the UN Assistance Mission in Afghanistan (UNAMA) celebrated the Day at an event attended by victims of the country’s three decades of conflict, Government authorities, tribal officials and the Afghanistan Independent Human Rights Commission (AIHRC).

The UN Mission in Sudan (UNMIS) has organized a series of activities across the country, including workshops, campaigns and panel discussions in Darfur, as well as marches to promote human rights messages in southern Sudan.

Several events will also be taking place in the lead up to the 60th anniversary of the Declaration. In Rome, illustrations inspired by Human Rights Day by 17 artists from around the world will be exhibited as part of an initiative called “Cartooning for Human Rights.” The artwork will travel around the world next year.

Next September, a conference to celebrate the Declaration will be held in Paris, while a series of five human rights capacity-building trainings will take place in the Asia-Pacific region next year as part of the Diplomacy Training Programme, a non-governmental organization (NGO) founded by Nobel Peace Prize laureate José Ramos-Horta.
2007-12-10 00:00:00.000
ends

UN News: UNHCR dismayed by secret death penalty of J convicts

mytest

Hi Blog. This is tangental to Debito.org, as it involves issues of the death penalty, not internationalization and multiculturalization. But it’s yet another example of Japan not following treaties. Do read to the very end, and goggle at a comment from Justice Minister Hatoyama…

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TOP UN HUMAN RIGHTS OFFICIAL DISMAYED BY EXECUTION OF THREE JAPANESE PRISONERS
UN News.org. New York, Dec 7 2007 7:00PM
Courtesy UNNews AT un.org

The top United Nations human rights official today deplored the execution of three prisoners – including one aged over 75 – in Osaka, Japan, and appealed to the East Asian nation to reassess its approach to the death penalty.

The executions reportedly took place suddenly and neither the convicts nor their families were given advance warning.

“This practice is problematic under international law, and I call on Japan to reconsider its approach in this regard,” Louise Arbour, the High Commissioner for Human Rights, said.

Expressing particularly dismay at the execution of the prisoner over the age of 75, she said that “it is difficult to see what legitimate purpose is served by carrying out such executions of the elderly, and at the very least on humanitarian grounds, I would urge Japan to refrain from such action.”

In contrast to carrying out executions in secret as it has done in the past, Japan publicly released the names of those executed, the High Commissioner noted.

Japan is a party to the International Covenant on Civil and Political Rights (ICCPR), which legally obligates States Parties to ensure strict safeguards when applying the death penalty. It is widely accepted that executions cannot be carried out in secret and without warning, as this could be seen as inhuman punishment and treatment under the ICCPR.

Ms. Arbour urged the Japanese Government to implement a moratorium on executions or ban the practice altogether, as a growing number of nations have.
2007-12-07 00:00:00.000
ENDS

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COMMENT: And this is where our Justice Minister, Hatoyama “al-Qaeda” Kunio, was referring to about the higher value put on life in Japan than in the West? I included this in an earlier Newsletter, but it bears repeating:

========================================
Interview with Justice Minister Kunio Hatoyama
Shuukan Asahi, October 26, 2007 P.122.
Title: “The Reason I will carry out Executions.”

Partial translation by Michael H. Fox, Director, Japan Death Penalty Information Center
http://www.jdpic.org

Q: There is a big trend to abolish the death penalty worldwide. Why do you want to keep it in Japan?

HATOYAMA: The Japanese place so much importance on the value of life, so it is thought that one should pay with one’s life after taking the life of another. You see, the Western nations are civilizations based on power and war. So, conversely, things are moving against the death penalty. This is an important point to understand. The so called civilizations of power and war are opposite (from us). From incipient stages, their conception of the value of life is weaker than the Japanese. Therefore, they are moving toward abolishment of the death penalty. It is important that this discourse on civilizations be understood.
========================================

Go figure.
The entire article translated with commentary by Michael H. Fox was recently published on Japan Focus. See
http://japanfocus.org/products/details/2609
Debito in Sapporo

Hokkaido Shinbun Editorial and article on NJ Fingerprinting Debacle

mytest

Hi Blog. Finally got around to translating this, sorry for the wait. Two articles from the Hokkaido Shinbun, Japan’s largest regional newspaper with near-monopoly readership in Hokkaido. Despite trying to sit on the fence when it came to The Otaru “Japanese Only” Onsens Case (1999-2005), this time they come out quite clearly with misgivings about the NJ Fingerprinting thingie. Editorial first, article second–the latter depicting the Korean media giving Japan a lot of stick.

Why do I get the feeling that the editors are reading Debito.org? Ki no sei? Debito in Sapporo

=================================
LACKING IN CONSIDERATION OF HUMAN RIGHTS
The new Immigration procedures
Hokkaido Shinbun top editorial Tuesday, November 20, 2007, Morning Edition page 3
Original Japanese at https://www.debito.org/?p=821
Translated by Arudou Debito

Starting from today, a system requiring fingerprints and facial photos from Japanese coming to Japan comes into effect.

The goal is to stop terrorism. The fingerprints and photos will be instantly checked against a blacklist of terrorists and criminals, and if there is a problem, people will be refused entry at the border.

We understand the point of refusing terrorists at the shores. However, questions still remain about human rights, particularly privacy, when fingerprinting most of the 7,000,000 non-Japanese annually who come to Japan as if they were criminal suspects.

The bureaucrats in charge must not make decisions arbitrarily or on political grounds.

The system is grounded upon the amended Immigration and Refugee Control Act. We call for prudence when carrying out this policy:

First of all, there is nothing in the law which says how long these fingerprints or photos will be saved in a database. Immigration explains that “If we say how long, terrorists will wait until the end of the time limit and come in then.”

Although Japan is only the second country to create this biometric data program, after the United States, in America at least the time period for data storage is set at 75 years. That’s a person’s lifetime.

It is not inconceivable that the Japanese police will use this data in their criminal investigations. Chances are high that personal data will be leaked. We say that after the data is instantly checked against the database, it should be deleted immediately.

Second, the new powers granted the Minister of Justice under this amended law, to force people seen as “potential terrorists with the ability to easily carry out terrorist acts” (tero no jikkou o youi ni suru koui o okonau osore ga aru) to leave Japan’s borders, must be used properly.

Justice Minister Hatoyama Kunio said in a speech about these new regulations that a “friend of a friend of his is a member of al-Qaeda”. He was allegedly warned that there would be a terrorist bombing in Bali, Indonesia, two months before the event, and told to stay away.

But it is far too careless to assert that this person was indeed a member of al-Qaeda just based upon hearsay from a friend. If the Minister on this basis alone wishes to use his power to deport people, this is an abuse of his powers.

Third, the accuracy of this Blacklist they are putting together. In America, one out of every 500 citizens is now recorded on their blacklist as a terrorist suspect. It is said that even Nobel Peace Prize recipient Nelson Mandela is on it, and won’t be able to enter the United States.

All foreigners entering or leaving Japan [sic], except the Special Permanent Residents and children under 16, are to be targeted under this new system. That means 70% of all foreigners in Hokkaido. It won’t do to have our residents [shimin–meaning the editor is including NJ] mistakenly put on this list.

On the other hand, last month as an amendment to the employment laws, employers are now required to register the names and visa statuses of all their foreign workers gaining or changing employment. Now there is a systematic legal apparatus for administrating foreigners and all their personal information from entry through employment.

This apparently aims to reduce the number of illegal entrants, but having this strong an administration system is quite likely to increase foreigners’ ill feelings towards Japan. We must make sure that this inspection doesn’t result in violations of human rights.

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

FINGERPRINTING, NEW IMMIGRATION SYSTEM STARTS
KOREAN TOURISTS DISPLEASED
MEDIA: “VIOLATIONS OF HUMAN RIGHTS”
Hokkaido Shinbun November 21, 2007
Translated by Arudou Debito

SUMMARY: A new Immigration system was brought on line on Nov 20 “for barring terrorists from entry”. In principle, this applies to foreigners over the age of 16 coming into Japan, where they will have their fingerprints and mug shots taken. Several vocally irate tourists were spotted at the international entry port at Chitose Airport. Korean media, the source of many of Japan’s tourists, was critical in its reporting, and the trend of public opinion may create the danger of a diplomatic flap.

———————–

Over the course of the day, 9 flights, including charters from Korea and Taiwan, brought about 1000 foreign tourists into Hokkaido. Korean tourist Kim Yong Gyun (65), who flew in from Pusan to Chitose, said with a bewildered look, “It’s not as if I feel good about having my fingerprints taken.” Machines were also breaking down, causing some consternation.

A semiconductor engineer from Seoul (37) did not contain his disdain. “This isn’t for catching terrorists. It’s for tightening the noose around overstayers. There’s absolutely no explanation whether or not they’ll protect our biometric data.”

Sapporo Immigration dealt with this with an emergency beefing up of inspection staff at Asahikawa, Hakodate, and Obihiro airports. Even then, at Hakodate Airport, a Korean Air flight of about 150 people were held up for an hour and 15 minutes, reckoned at about twice the usual duration. An airline staff member expressed his worry about the weekend, when the planes would actually be full.

On the other hands, the governments of their respective countries are withholding comment on the new system. Last year, of all the 410,000 total entrants into Hokkaido, the top group, at 134,000 people were Taiwanese, with Koreans coming in second. Both these countries have deep-rooted dislikes of Japan.

The Ministry of Justice sent representatives in October to the Korean Ministry of Foreign Affairs and Trade, and asked for their understanding. Both Japanese and Korean diplomats were advising prudence towards possible ill-feelings.

The Korean media on Nov 20 all reported in unison this state of affairs. The online edition of The Hankyoreh Shinbum reported an angry arrival at Narita Airport saying, “Foreigners are being treated as criminal reinforcements; this is a violation of human rights.” Kim Dae Hyung, Tokyo correspondent, reported, “Korea is still relatively unaware of what’s going on over here, but as far as human rights are concerned, this is very problematic. The Korean Government might be holding its tongue for the sake of good relations, but in reality they are watching public opinion.”

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

SIDEBAR
Several people trigger alarm for having history of deportation
Obihiro, other places have trouble reading fingerprints.

A new system was brought online on Nov 20, where foreigners over the age of 16 must have their fingerprints and mug shots taken. As of 5PM Nov 20, according to the Ministry of Justice, several people have tripped the database for having fingerprints matching those of previously deported people, which has raised several questions (gimon ten ga shoujiru).

These people were asked more details later, and there is a chance they might be deported.

In addition, the Justice Ministry announced that at Obihiro, Narita, Chubu International, Fukuoka and Hakata, a total of 21 people were unable to have their fingerprints scanned. They say their fingers were too worn down, as they were elderly people.
=========================
ENDS

J Times: UNHCR’s Guterres bravely spins on Japan’s exclusionary refugee policy

mytest

Hi Blog. The United Nations drops in, and tries to put a brave face on Japan’s inability to accept refugees or asylum seekers like any other developed country. Stressing improvements when there really aren’t any. He’s a diplomat, all right. Debito in Sapporo

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

UNHCR chief pitches third-country resettlement
By KAHO SHIMIZU Staff writer
The Japan Times November 29, 2007
http://search.japantimes.co.jp/print/nn20071129a5.html

Japan is notorious for accepting very few refugees, despite making a significant financial contribution to the office of the U.N. High Commissioner for Refugees.

But the visiting head of the U.N. organization said Tuesday that Japan is making steady progress in improving the situation facing asylum seekers here.

“Japan is not a country with many refugees . . . but the asylum system is moving in the right direction,” U.N. High Commissioner for Refugees Antonio Guterres told reporters during his three-day visit to Tokyo.

After arriving Monday, Guterres met with government officials, including Justice Minister Kunio Hatoyama and Foreign Minister Masahiko Komura, and left the country Wednesday morning.

Japan was the UNHCR’s third-largest donor country in 2006, with a $75 million (¥8.1 billion) contribution, after being the second-largest donor for eight years through 2005.

However, the number of people granted refugee status in Japan remains small. In 2006, the government recognized only 34 people as refugees, compared with 23,296 in the U.S. and 6,330 in Britain.

Since assuming the top position at the UNHCR in 2005, Guterres, 58, said he has witnessed some improvements in Japan. These include the introduction of an appeal system to review cases of people whose applications for refugee status have been turned down, and the move by authorities to grant protection for people whose applications have been rejected but are allowed to stay for humanitarian reasons.

Above all, the most encouraging development for Guterres was that Japan has begun discussing the possible introduction of the third-country resettlement program, which means accepting refugees who sought asylum in other countries.

The UNHCR views resettlement in a third country as an important tool of protection and a durable solution for refugees, especially when voluntary repatriation to their home countries and local integration are difficult.

In September, the government set up a working group involving officials of the Justice Ministry, Foreign Ministry and other bodies, and began studying the program.

The U.S., Canada and Australia were among the first countries that began offering third-country resettlement opportunities, but although countries in South America, including Brazil and Argentina, recently introduced such a system, no Asian country has done so.

Guterres said he felt there is political will from the Justice Ministry and the Foreign Ministry to introduce the system because they are making a serious analysis of conditions to bring it about.

“We would very much appreciate that (if Japan becomes) the first Asian country to install the program,” Guterres said. But at the same time, the former Portuguese prime minister said the UNHCR does not want Japan to rush, nor is it necessary for Japan to accept a great number of refugees from the beginning, because the U.N. organization wants a system that really works to help asylum seekers.

People’s awareness about refugees in Japan is relatively low due in part to its geographical location, but Guterres said he was encouraged by growing interest among young people.

The Japan Times: Thursday, Nov. 29, 2007
ENDS

「人権週間」法務省の強調事項・有道 出人の批評

mytest

Hi Blog. Sent this out to my Japanese lists. Debito

「人権週間」法務省の強調事項・有道 出人の批評

 みなさまこんにちは。有道 出人です。いつもお世話になっております。

 さて、ご存知かどうかは分かりませんが、今週は「人権週間」でございます。法務省と全国人権擁護委員連合会は税金を使って色々なイベントを開催します。ただ、有意義であるのか、効果的であるのか、ましてや根本的にどんなような「主義」に基づき差別撤廃・意識高揚を行うのか、をこのメールで私は批評したいと思います。(私のコメントは引用するテキストの後です。)

 先ず、行政官からこの「人権週間」の目的についての説明を引用します:

出典:http://www.moj.go.jp/JINKEN/jinken03.html
=========================
○人権週間とは?
 国際連合は,昭和23年(1948年)第3回総会で世界人権宣言が採択されたのを記念し,昭和25年(1950年)第5回総会において,世界人権宣言が採択された12月10日を人権デーと定めるとともに,すべての加盟国にこれを記念する行事を実施するよう呼びかけています。法務省と全国人権擁護委員連合会は,世界人権宣言が採択された翌年の昭和24年から毎年12月10日の人権デーを最終日とする1週間を人権週間と定め,人権尊重思想の普及高揚のための啓発活動を全国的に展開しています。
一日人権擁護委員による街頭啓発 (甲府地方法務局)

人権イメージキャラクター人KENまもる君・あゆみちゃんが小泉総理大臣(当時)を表敬訪問し、総理と共に人権の大切さを訴える
「第59回 人権週間」強調事項(抜粋)
ーーーーーーーーーーーーーーーーーーーーーーーー
○「育てよう 一人一人の 人権意識」
_○「女性の人権を守ろう」 __ 
○「子どもの人権を守ろう」 __
○「高齢者を大切にする心を育てよう」 __ 
○「障害のある人の完全参加と平等を実現しよう」 __ 
○「部落差別をなくそう」 __ 
○「アイヌの人々に対する理解を深めよう」 __ 
○「外国人の人権を尊重しよう」 __
○「HIV感染者やハンセン病患者等に対する偏見をなくそう」 __
○「刑を終えて出所した人に対する偏見をなくそう」 __ 
○「犯罪被害者とその家族の人権に配慮しよう」 __
○「インターネットを悪用した人権侵害は止めよう」 __ 
○「性的指向を理由とする差別をなくそう」 __ 
○「ホームレスに対する偏見をなくそう」 __ 
○「性同一性障害を理由とする差別をなくそう」 __ 
○「北朝鮮当局による人権侵害問題に対する認識を深めよう」 __

強調事項の詳細についてはこちら。
http://www.moj.go.jp/JINKEN/jinken03-01.html
ーーーーーーーーーーーーーーーーーーーーーーーー
=========================

詳細からDebito.orgは特に認識していることについて、こう書いてあります:
出典:http://www.moj.go.jp/JINKEN/jinken03-01.html
=========================
○「外国人の人権を尊重しよう」

 近年の国際化時代を反映して,我が国に在留する外国人は年々急増しています。憲法は,権利の性質上,日本国民のみを対象としていると解されるものを除き,我が国に在留する外国人についても,等しく基本的人権の享有を保障していますが,現実には,我が国の歴史的経緯に由来する在日韓国・朝鮮人をめぐる問題のほか,言語,宗教,生活習慣等の違いから,外国人に対する就労差別やアパートやマンションへの入居拒否,飲食店等への入店拒否,公衆浴場での入浴拒否など様々な人権問題が発生しています。
 平成8年1月には,「あらゆる形態の人種差別の撤廃に関する条約」(人種差別撤廃条約)が我が国において発効し,人種差別や外国人差別等あらゆる差別の解消のための更なる取組が求められています。
 今後ますます国際化が進むことが予想される状況の中で,外国人のもつ文化を尊重し,その多様性を受け容れることが,国際社会の一員として望まれています。
 法務省の人権擁護機関としても,国民のすべてが,国内・国外を問わず,あらゆる人権問題についての理解と認識を深め,真に国際化時代にふさわしい人権意識をはぐくむよう啓発活動を展開していきます。
=========================

有道 出人よりコメント:
もちろん、人権週間を開催しないよりも、した方がいいと思います。ただ、上記のテキストの中では、色々な面から人権が委ねている人権擁護部の盲点が現れています。

1)なぜ上記の文で「人種差別・身元差別」などではなく『外国人差別』のみと言われていますか。『国籍』が要因ですか。それだけではなく、国際結婚の子供は「日本人離れ」の顔があるならば、「外人扱い」になるケースがかなりある。日本人・日本国籍が有する人であるので、これは「外国人差別」に該当しません。これは人種差別です。これも「真に国際化時代」の一部です。人種差別は日本人にも悪影響となります。私は以前いくらでも人権擁護部に注意してもきかないです。

2)なぜ「我が国」に外国人が「在留」しているのみとの言い方ですか。「我々対外国」なら、外国人は「住民」ではないみたい。短期的な「在留」よりも「在住」や納税や社会貢献についてもう少し言及できませんしょうか。それこそ「多様性を受け容れること」だと思います。

3)なぜ「言語,宗教,生活習慣等の違い」が排他的の行動の説明になるのでしょうか。必ずしも違いがあるわけではいし、習慣などの違いがあったという証拠がなくても「外国人」は外見・身元のみで門前払いするケースが多いです。かえって「違いがあるから」を主張するのはたいてい差別主義者の弁解となり、同様に政府もそうやって言及するのは若干皮肉です。「習慣が違っても他国の人はちゃんと学べる」ことも無視となります。

4)人権擁護部がよく「尊重しよう」と言うが、なぜ人種差別撤廃法整備も唱えませんか。96年から「遅滞なく法律も作る」と国連条約で公約したものの、ほぼ12年間が経過しても「外国人差別」を撤廃措置と機能は行政府には未だにありません。人権擁護部さえ自分が「差別撤廃の拘束力はない」と認め、よって、立法がないと綺麗言葉に留まることとなりました。
https://www.debito.org/policeapology.html

要は、この「人権週間」は国連に伝えるようなアリバイ的な措置に留まるだけではないと信じたいですが。
https://www.debito.org/japanvsunj.html
税金の無駄遣いではないとも信じたいですが、頑張ります。
宜しくお願い致します。有道 出人
debito@debito.org
https://www.debito.org/nihongo.html
December 5, 2007
ENDS

GOJ Jinken Shuukan: “Human Rights Week” and its flaws

mytest

Hi Blog. If you’ve been watching TV or been out in a few public places, you might have seen two cute-ish big boy and girl mascot dolls named “Ken” (for “kenri”, one’s rights, or “jinken”, human rights), drawing attention to issues of discrimination in Japan. Otherwise you might not know that we are in the middle of Japan’s official week for human rights. “Jinken Shuukan” started on December 3 and ends on December 10, or “Jinken Day”. Sponsored by the notorious Ministry of Justice’s Bureau of Human Rights (Jinken Yougo Bu, or BOHR–“notorious” for doing nothing much otherwise).

The website with this year’s 59th proceedings (thanks Stephanie) lists up these issues of note (my translations):
http://www.moj.go.jp/JINKEN/jinken03.html
========================
1) Teaching people one by one about the importance of human rights.
2) Human rights for women.
3) For children.
4) For the elderly.
5) For the disabled.
6) For the Burakumin.
7) For the Ainu.
8) For foreigners.
9) For people with AIDS or Hansen’s Disease (leprosy).
10) For formerly incarcerated criminals who have paid their debt to society.
11) For victims of crime and their families.
12) For the victims of human rights abuses on the Internet.
13) For people discriminated against for their sexual orientation.
14) For the homeless.
15) For those with Gender Identity Disorder.
16) For those who have suffered human rights abuses from the DPRK.

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

As far as Debito.org goes, here is what they say about their goals towards discrimination against “foreigners” (gaikokujin) on a page with a longer writeup: (again, my translation):

========================
“LET’S RESPECT THE HUMAN RIGHTS OF FOREIGNERS”

Reflecting the era of Japan’s Internationalization in recent years, every year the number of foreigners staying (zairyuu) in our country (sic–waga kuni) has been increasing. According to the Constitution, and by the nature of the rights of man, and leaving out the interpretation that the Constitution only applies to Japanese citizens, foreigners staying in our country also are guaranteed fundamental human rights. However, in practice, our country has had issues originating in history towards the Zainichi North and South Koreans [sic–Chinese/Taiwanese etc. not included]. There are also various incidents of human rights problems with foreigners facing discrimination in the workplace, as well as being refused apartments, entry into eating and drinking establishments, and public baths [thanks]. This is due to differences in language, religion, and lifestyle customs [sic–not also race].

Our country effected the United Nations Convention on the Elimination of All Forms of Racial Discrimination in January 1996, which demands that we take further action towards the elimination of racial discrimination and discrimination by nationality.

As Japan’s internationalization is anticipated to further proceed from now on, it is desirable that we respect the customs of foreigners, and as a member of the international society we accept diversity.

The Ministry of Justice Bureau of Human Rights as an organization will develop enlightenment activities that will cultivate an awareness of human rights suitable for Japan’s international era, where all citizens (kokumin) here or abroad will deepen their understanding and awarenesss of all human rights problems.
========================

COMMENT: I’m not going to completely douse the fireworks here with acerbic comments (as it’s better that the GOJ is doing this than not, as long as they don’t claim to international bodies that this is enough–which they have a history of doing). But let’s do a quick roundup of the flaws in all the “human rights awareness” so ably called for by the BOHR:

a) Note how the BOHR still couches discrimination in terms of nationality, not as race or national origin. For what about the Japanese children with international roots, who face discrimination because they don’t “look Japanese”? This blind spot ignores one more facet of Japan’s true internationalization–where racial discrimination affects Japanese citizens too.

b) Note how the issue is still couched in terms of “us” and “them”–our citizens and those foreigners with their differences (which is not necessarily true–and this sort of thing is used more often as an excuse and a justification than an explanation). It’s not even clear that foreigners are even residents of Japan–only “staying” (zairyuu) as opposed to “residing” (zaijuu).

c) Still no call from the BOHR for an actual law outlawing racial discrimination–only for the “respect” for people (which, with 300 yen, might get you a cup of coffee; if the restaurant even lets you in).

d) And as I said above, the BOHR is famous for calling for action yet not effecting much (or any) action of its own–after all, as they will tell you at the very beginning of any interview you have with them over a human rights issue, they have no real power to stop a discriminator from discriminating, and (this they won’t tell you) have no legal obligation to call you back or tell you any results of any investigation (if any) they undertake (this is, they say, “for privacy concerns”). See what I mean at
https://www.debito.org/policeapology.html).

Glad to see that “discrimination against foreigners” is now up to eighth in the ranking. Now if we could get it rendered as “racial discrimination”, it would more reflect reality. And treaty obligation.

Arudou Debito in Sapporo
================
More Keystone Coppiness regarding GOJ human rights awareness:
“Human rights survey stinks: Government effort riddled with bias, bad science”
By Arudou Debito. The Japan Times, Tuesday, October 23, 2007
https://www.debito.org/japantimes102307.html
ENDS

Reminder: Documentary on J Child Abduction fundraiser Dec 11 Shibuya, RSVP by Dec 4

mytest

Hi Blog. Quick reminder about the “For Taka and Mana” film documentary:

FOR TAKA AND MANA
Documentary on Japan Child Abduction after Divorces
Fundraiser Party Dec 11 Shibuya, RSVP by Dec 4 (i.e. tomorrow)

Quick reminder about the “For Taka and Mana” film documentary fundraiser coming up on December 11 at the Pink Cow, Shibuya. See movie poster and map to the venue below, in this blog entry.
RSVPs please by December 4.

This is the issue: Divorce in Japan is extremely problematic. As Japan has neither joint custody nor visitation rights guaranteed by law, after a break-up, generally one parent loses all access to the children. This is especially difficult in the case in an international marriage, where the venue may be intercontinental (and access denied due to visa problems), and where there is NO precedent of a non-Japanese plaintiff being awarded custody of a child in Japanese court (quite the opposite, as the Murray Wood Case, the subject of this documentary, indicates–Japanese courts even overruled a Canadian provincial supreme court awarding custody to Murray shortly before the mother abducted their children to Japan).

Due in part to the vagaries of the Family Registry (koseki) system, which non-citizens do not have in Japan, foreigners essentially have NO family rights in Japan in a Family-Court dispute. It’s complicated, but as simply as possible: NJ are not officially registered as a member of a Japanese family after (or even before) a divorce, and cannot “keep” their children registered under their own Japanese family unit as a single parent.
https://www.debito.org/ayakoseki.jpg

With the increase of international marriage in Japan (from 30,000 couples to 40,000 couples per year since this century began), this situation warrants attention. This documentary is one way. I have been quite closely associated with this project for more than a year now (I’m interviewed in the film–see a trailer from the link below), and have a personal stake in the subject–since I too have not seen my own children for years following my marital separation and divorce. I encourage you to join us next week for the fundraiser (I’m flying down specially to be there), help out in any way you can, and even perhaps suggest venues we could appear at to get the word out.

An update for the fundraiser from directors Matt Antell and Dave Hearn follows. Arudou Debito in Sapporo

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

We will have at least one more new clip in addition to the current trailer at our website http://www.fortakaandmana.com.

We have a wide array of speakers lined up to show the depth of the problem of parental abduction in Japan including the well traveled, Debito Arudou.

Schedule of events in Powerpoint format downloadable from here.

Some of the stories you will hear are just amazing. The food is fantastic and the first two drinks come with the ticket price of 10,000 yen.

There are still some seats left so please e-mail Dave at: dave@fortakaandmana.com or call 0905-313-9702 RSVP by Dec. 4th.

We very much hope to see you there.

Matt Antell and Dave Hearn
fortakaandmanaposter2.jpg

REPORT: Racial Profiling at Toyoko Inns; suggest boycott (letter of complaint unanswered)

mytest

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BRIEF
RACIAL PROFILING AT TOYOKO INN, HIROSAKI, AOMORI PREF: AGAIN
WHAT I DID ABOUT IT; BOYCOTT RECOMMENDED UNTIL THEY FOLLOW THE LAW

By Arudou Debito, Sapporo, Japan (debito@debito.org, https://www.debito.org)
December 2, 2007, freely forwardable

(UPDATE: As of January 12, 2008, more than a month later, no answer to my official letter of complaint (sent naiyou shoumei) from Toyoko Inn.)

=====================================
SUMMARY: Toyoko Inn (http://www.toyoko-inn.com), a high-profile nationwide chain of hotels in Japan, have a clear policy of racial profiling at their hotels. They illegally demanded a passport from the author on the basis of his race alone on November 30, 2007, reflecting their history of even illegally threatening to refuse accommodation to NJ residents unless they provide Gaijin Cards at check-in. This systematic harassment of NJ clientele is unnecessary and unlawful, especially in the face of hotels increasingly refusing all foreigners accommodation across “Yokoso” Japan. Toyoko Inn’s continuing refusal to abide by the laws, despite advisements from NJ customers in the past, forces this author to conclude that NJ residents and international Japanese citizens, not to mention supporters of human rights in Japan, should take their business to hotels other than Toyoko Inn–until the chain at the national level agrees in writing to improve their services.
=====================================

BACKGROUND
I went down to Hirosaki, Aomori Prefecture last weekend for a December 1 speech at Hirosaki Gakuin University (sponsored by Professor Todd Jay Leonard) on racial discrimination in Japan (download Powerpoint presentation in Japanese at https://www.debito.org/arudounewpresentationj.ppt). After a six-hour train ride from Sapporo, I was met by my hosts at 11PM AT Hirosaki Station, who accompanied me to the neighboring Toyoko Inn (#164 O-aza Ekimae 1-1-1, Hirosaki-shi, Aomori-ken, Ph 0172-31-2045) where they had made my reservation.

At the counter, a clerk (a Ms. Ishi-oka) gave me a check-in slip. After filling out my name in Kanji, and just before I was to write out my Japanese address in Japanese, the clerk said, “May I see your passport?”

Todd and his friends looked to each other, sighed, and said to themselves, “Oh boy. Here we go…”

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

BEING GIVEN THE THIRD DEGREE, BEYOND THE PALE

The conversation between the clerk and me proceeded something like this:

ME: Why do you need my passport?

CLERK: It’s required by hotel policy and by Japanese law.

ME: Let me see the laws.

CLERK: (producing a countertop stand with the text of the hotel request for passports in English, Korean, and Chinese) Japanese law requires that all foreigners at check in–
(see the letter of the law yourself–and download it–at https://www.debito.org/whattodoif.html#refusedhotel)

ME: Is there a Japanese version? (She pointed to the Japanese she had been reading from on the back of the stand.) Right, so as you can see here, it requires passports from people “without addresses in Japan”. I have an address in Japan, but you asked me before I even had a chance to write it.

CLERK: We have a policy of asking all foreigners for identification at check-in.

ME: That’s illegal. You can only ask tourists for ID. Or can’t you read the law in Japanese here? Also, how do you even know I am a foreigner?

CLERK: Because you wrote your name in Katakana–

ME: (displaying the check-in slip) I wrote my name in Kanji. Can’t you see?

CLERK: (taking a closer look and uttering a demurrer)

ME: I am a Japanese citizen. I do not have to show you a passport or any other form of ID.

CLERK: Do you have a driver licence to prove that?

ME: Do you require driver licences from other Japanese at check-in?

CLERK: It’s just that we have a policy of asking for identification from foreigners.

ME: Clearly I am not getting through to you. Call your manager.

CLERK: Our manager is not here at the moment.

ME: Then get him or her on the phone. You are racially profiling me. This is racial discrimination and a violation of Japanese laws. Give me your full name, please, and the name of your manager.

CLERK: (running behind a partition) Please wait a minute.

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

My friends and I then sat down in a connected anteroom for a glass of water and an animated discussion of the proceedings for about five minutes, before the clerk shouted down the hall that she had an answer for me.

CLERK: Our manager is too busy to come to the phone right now.

ME: Okay, then I’m not too busy to contact your headquarters (honsha), to tell them that your manager refused to discuss a serious issue of customer relations with a customer. Your full name please and your manager’s full name, please.

CLERK: (running behind a partition) Please wait a minute.

A few minutes later I was on the phone with a Ms. Obara, the assistant manager of this hotel. She opened with the standard apologies. I said she should hear me out before apologizing. The issues were: 1) deciding whether or not a customer was a foreigner or not solely based on face, therefore race, 2) enforcing a law, which applied only to tourists, upon all people deemed “foreign”, 3) enforcing a nonexistent law requiring proof of Japaneseness even after said customer says that he is Japanese. This was customer harassment on the basis of racial profiling, and done to an egregious and unprecedented degree in my experience at any hotel in Japan.

And given that Toyoko Inns in Sapporo have illegally required passport/Gaijin Card for reservations from NJ residents of Japan (in violation of the Hotel Management Law, Article 5, which does not permit refusals of customers on this basis), this chain’s systematic policy of targeting foreigners or foreign-looking people as suspicious is unnecessary and illegal.

Not to mention the fact, of course, that the clerk personally tried to shirk her duty of connecting a customer to the manager. This was irresponsibility that should not be allowed to pass without complaint.

Ms Obara indicated she understood the issue and apologized for the poor training of her employee. She said she’d like to see me face-to-face the next day for a personal apology. I said I would be out all day the next day, arriving late back from a house party at Todd’s after my speech, but would leave my meishi with keitai number at the counter should she wish to arrange a time for meeting. She said, no matter, she would wait until I got in. Then I went back to the anteroom for another hour of water and jawing with Todd and company over what had just happened.

Said they, “This has never happened to any of us before at a hotel in Japan. Why does this keep happening to you?” they said. “Never mind, we got to see Debito in action…”

////////////////////////////////////////////////////
DECEMBER 2, 2007, MIDNIGHT
ARRIVAL AT TOYOKO INN AFTER HOUSE PARTY

Todd gave a lovely house party, with booze galore plus some pretty crappy Iwate wine (which everyone got a least a half-hour’s mileage of jokes out of–especially for naffly putting a squirrel on the label). So lovely I tragically got a migraine at the very end. With head throbbing, I returned to the Toyoko, got my room key, and found the manager there waiting for me, even though it was past midnight. “You needn’t have waited up so long,” said I. “You said you’d be late, and I wanted to meet you and apologize properly,” said she.

And for the next hour, while I blinked my way through the mercury haze of migraine flashes, Ms Obara and I had a very good chat about what happened and why it shouldn’t happen again. Me: “I understand the laws, but until you have confirmed that a customer–any customer regardless of nationality–has no address in Japan, you legally cannot demand identification from them. Just confirm that, ask for ID from those who don’t, and we’ve got no issue here. But I don’t appreciate this interrogation, and demand for proof that I am even a Japanese, from an obstinate clerk late at night at check-in like this. It’s poor service.

Ms Obara was understanding, and tried to make an excuse that Aomori isn’t used to foreigners, but I pointed out that Aomori, with its Nebuta Matsuri, and Hirosaki in particular with its castle and Sakura Matsuri, is a magnet for international clientele. She conceded the point, and the conversation turned to why I was here speaking at Hirosaki Gakuin University. She even bought one of my books, thank you very much. In the end, the conversation went on too long for her to be ingenuine in her apologies (I’ve found that people who just want to apologize pro forma and be done with things exhaust a conversation after ten minutes), and I was satisfied that their hotel branch would do better in future.

////////////////////////////////////////////////////
SUGGEST YOU TAKE YOUR BUSINESS ELSEWHERE ANYWAY

I am not, however, so optimistic about the Toyoko Inn chain in general. More than two years ago, as James Eriksson and Olaf Karthaus reported to The Community mailing list, Toyoko Inn Sapporo refused James’s reservation if he did not present his Gaijin Card at check in (https://www.debito.org/olafongaijincarding.html). Even today, and after demands for improved service are now years old, the Toyoko Inn chain is still not treating NJ customers with the appropriate respect. Until we get a written guarantee from the chain that they are aware of the laws and will improve NJ customer treatment (and I will still be writing headquarters about this incident), I suggest that NJ customers, and their friends and supporters, take their business elsewhere.

This is part of a surge in activity in Japan these days regarding Japanese hotels–their refusal to even accept any foreign clientele whatsoever. They blame it on language barriers–the fact they can’t speak English!–so Japanese lodgers only. This is illegal. I finally have enough time and information to make a full report on this, so I’ll get to it within the month.

Thanks for reading this brief. Prelude to a much deeper and ever-growing problem of exclusionism in Japan.
Arudou Debito in Sapporo
December 2, 2007
ENDS

(UPDATE: As of January 12, 2007, more than a month later, no answer to my official letter of complaint (sent naiyou shoumei) from Toyoko Inn.)

Speaking at Hirosaki Gakuin University this Saturday

mytest

Hi Blog, I will be speaking this weekend in Hirosaki, Aomori Prefecture.

Hirosaki Gakuin University, Faculty of Liberal Arts,
13-1 Minori-cho, Hirosaki-shi, Aomori-ken 036-8577 JAPAN
http://www.hirogaku-u.ac.jp/
Saturday, December 1, 2007, 1:00 – 2:45 PM
Topic: 「日本における外国人差別・人種差別」(speech in Japanese).

Sorry for the short notice. Been busy with the whole fingerprint thing. Attend if you like. Debito in Sapporo

Mainichi: MOJ will force NJ refusers to be incarcerated, fingerprinted

mytest

Hi Blog. According to the Mainichi today, the Justice Ministry has now issued a “tsuuchi” directive (the GOJ Mandarins’ way of minting laws without going through a legislative body) granting Immigration more powers. People who refuse to get fingerprinted will not only be refused at the border, but also forced to have fingerprints taken. as well as a physical inspection and incarceration in the airport Gaijin Tank.

What this means in the event uncooperative Permanent Residents and their Japanese spouses, the article notes, is incarceration with “extra persuasion”–without, they say, the threat of force. With all this extralegality going on, fat chance. Arudou Debito in Sapporo

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FOREIGN FINGERPRINTING: NONCOMPLIERS FORCED TO BE FINGERPRINTED: MOJ
Mainichi Shinbun November 21, 2007
http://headlines.yahoo.co.jp/hl?a=20071121-00000017-mai-soci&kz=soci
Translated by Arudou Debito, Courtesy of Tony K

As an anti-terrorism etc. measure under the new Immigration inspection system, requiring fingerprints from all foreigners coming to Japan [sic], the Mainichi has learned that The Ministry of Justice’s Immigration Bureau has issued a directive (tsuuchi) to all regional divisions, saying that foreigners who refuse fingerprinting and rejection at the border [sic] are to be forced to be fingerprinted.

Although the Ministry of Justice originally explained this system as an “offering” (teikyou) of fingerprints without coercion, they have now indicated that they will impliment this measure with the option of compulsion (kyouseiryoku) against anyone who refuses. It is anticipated that this will strengthen criticisms that “this system is treating foreigners as criminals”.

This policy of collecting biometric data is being effected at airports and seaports whenever foreigners enter the country, compared on the spot with stored Immigration data of people with histories of being deported from Japan, or blacklisted overseas. If fingerprints match, entry into the country will be denied, as will people who refuse to cooperate with the collection of data.

If the person denied refuses to comply with the deportation order, Immigration will impliment forceable deportation orders and render the person to a holding cell within the airport. Whether or not fingerprints will be taken during incarceration had until now not been made clear.

However, based upon an Immigration directive issued during the first week of this month, it is now clear that “for safety concerns, when necessary people may now have their bodies inspected (shintai kensa)”, and Immigration officers have now been empowered to take fingerprints from those who refuse to cooperate. The directive also demands video recording of the proceedings.

Afterwards, refusers will be rendered to the appropriate transportation authorities for deportation. However, in the case of Permanent Residents and their Japanese spouses who have livelihoods in Japan, what the “country of return” for deportation will exactly mean is bound to present a problem. Immigration officials reply, “We will sufficiently persuade (settoku) the refuser to cooperate, and endeavor not to do this by force.”

According to a source familiar with Immigration laws, Immigration searches are something done in the case when a foreign national is under suspicion for breaking the law, such as overstaying his visa. In principle, fingerprinting is a voluntary act, and forceable fingerprinting rarely occurs. The source adds, “If we just don’t let the refuser into the country, there’s nothing dangerous they can do.” He questions whether or not it is justifiable to forceably fingerprint the person and add them to a blacklist of deportees.

Ryuugoku University Professor Tanaka Hiroshi, a specialist on human rights involving non Japanese, adds, “This type of foreigner fingerprinting system was once in place and people refused to cooperate. But now in its place we have not only criminal penalities, but also the extreme measure of refusing them entry into the country. This ministerial directive has little legal basis in its extreme sanctions.”

ENDS

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

OFFICIAL TRANSLATION BY THE MAINICHI, FOR YOUR COMPARISON:

Gov’t orders forced fingerprinting of foreigners refusing to give prints at entry ports
Mainichi Shinbun Nov 21, 2007
http://mdn.mainichi.jp/national/news/20071121p2a00m0na033000c.html

The Justice Ministry has instructed regional immigration bureaus to forcibly take fingerprints from foreigners who refuse to be fingerprinted or to leave the country, sources close to the ministry said.

The ministry’s Immigration Bureau sent the directive to regional immigration bureaus prior to the introduction of a system on Tuesday, under which all foreigners who enter Japan, except for a limited number of people such as special permanent residents and visitors under the age of 16, must be photographed and fingerprinted at airports and ports.

The ministry had explained that it had no intention of forcibly taking fingerprints from foreigners who visit Japan.

The directive cites a clause in the Immigration Control and Refugee Recognition Law, which empowers immigration officers to conduct body checks on foreign visitors if such measures are necessary for safety reasons. It then urges immigration officers to forcibly take fingerprints from those who refuse to cooperate and film them on video.
ENDS

Two Cries du Coeur from ethnic residents of Japan being shaken down by the Japanese police

mytest

Hi Blog. Two Cries du Coeur from ethnic residents of Japan being shaken down by the Japanese police–one by Zero, a Issei Japanese-Filipino, the other by Ali Rustom, and Englishman of Egyptian descent. Racial profiling and the lingering anger it creates towards the authorities… Arudou Debito in Tokyo

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

An Isseijin’s Outcry
By Reijiro “Zero” Abrera
zero DOT abrera AT yahoo DOT com

Before reading any further, let me inform the readers that I am keeping my whole identity confidential, for the sole reason of protecting myself. But what I can tell you is this: that I am a Japanese citizen by birthright (born in Japan, and my father being a Japanese) and a half-Filipino half-Japanese in terms of ethnicity. I can understand Nihongo, but I have yet to become fluent with my native tongue. I was raised in my mother’s homeland to become an educated and responsible person and I have returned here in Japan with the hopes of pursuing my goals and aspirations.

Prior to my return, I have been informed of many accounts about the realities that people have faced during their stay here. I kept all these in mind but made utmost effort not to make hasty assumptions about the Japanese people in general. But now, only after 3 months of my stay, I am writing this entry because I am beyond compelled to relate to the readers an encounter that has exacerbated my growing skepticism about this country:

November 1, 2007. For Christians, it was a day designated in commemoration of the Church’s role models, the saints. Here in Japan it was just a typical autumn morning… or at least it was supposed to be. My brother walked out of our apartment as I was left making final preparations for a day’s work. When the clock struck 6:20 am, I knew I had 3 minutes left before I miss the train ride en route to the city where we work. And without a second thought, I hurriedly took the usual route on the way to the train station. And just when I was about a corner away, I caught a
glimpse of a scene that rendered me speechless for events to come – my sibling backed against a wall, holding his Japanese passport while being surrounded by not less than 8 men clad in blue suits or work clothes (genba). They were representatives from the local police and the immigration office, who disguised themselves as civilians to catch us off our guards.

Two of them saw me coming and tried to stop me from going any further. But they didn’t have to. I stood still, dumbfounded with what I saw, wondering how this could have happened to us. As I approached my brother, he told me that they are in pursuit of illegal immigrants and we appear to be their targets. But what baffled me was the fact that my brother had already shown his passport yet these individuals continued to bombard him with questions. Nor did they even back down to give my brother some personal space to explain that we are Japanese but have been raised elsewhere. Shouldn’t his passport suffice to let him continue to go to work? And what confused me even more was that I recall a policeman conducting a census in our area less than a month ago. My brother himself showed the proper documents as a proof of our legitimate residence.

I was so lost in my thoughts that I can hardly respond to their multiple queries. Then one of them asked if I was his brother. We responded “yes” and I was asked if I brought my passport. The first thing that entered my mind was “Why in the world do I have to bring it with me to work?” Obviously I didn’t have one, and so we were asked to escorted to our house and get it. And then it struck me. What if I was the one who went ahead to the station?

As we showed them my passport, they knew they were left with squat. My brother was psyched out and so he decided to stay in the apartment. I chose to go to work and explain the incident to our supervisor; but as I rushed back to the station, I noticed that there were more men than ever surrounding the vicinity of our house. I wasn’t there for their explanation, but I was told later that a tip from a source prompted them to make a move against us as soon as they heard it. But as far as I know, a tip in itself does not establish enough grounds to arrest someone. Just because of the way we look, we were tagged as criminals. Because of our complexion and facial features, because of our heritage… it was enough to send an armada of men to put us down, as if we were highly dangerous to the society. We felt debilitated, humiliated and dehumanized. And as an added insult to injury, I have to bear with the fact that I have to keep a passport handy whenever I go out for personal or work purposes, ironically, in a country where I bear a citizenship.

Now, I know for a fact that this incident is not as rare as a solar eclipse; there are some who may contend that everyone who is “gaijin” or considered to be one will most likely go through similar troubles here in Japan, thus it does not hold much gravity. But this experience is enough to stir thoughts that have been welling within me for quite some time; for this is just one facet of what my brethren, the so-called Japanese-Filipino (or Ja-pino) issei-jins go through in this country. Allow me to speak for those who share these burdens but are not able to articulate themselves, as I share to the readers our story that is perhaps unknown to many.

We, the isseijins, are children born out of the Japanese bandwagon during the 80’s until the 90’s, when a great interest in the Philippines (among other Southeast Asian nations) and its people was highly prominent. (Nowadays, it is apparent that the people from the West are getting the attention.) And when the time came for our country to lose its popularity, it is as if the Filipinos were reduced to almost non-existent. Nowadays, I have noticed that there is not a single Filipino featured in any television show that involved representatives from other countries. But that’s nothing compared to our current state of living. Today, isseijins like me, whether raised in Japan or elsewhere, are far from being recognized to be a part of the society. Most, if not all, are subjected to tough working conditions in a factory, required to produce perhaps twice the output of the “true” Nihon-jins and compelled to work longer hours when “requested” (they will deem us irresponsible if we decline). And while we do just that, at the end of the day, we will still be “arubaitos” (temporary workers) – and as such, we do not have the support of labor laws. Is this a predetermined social script that has been handed down to our kin? And unlike the “gaijins,” we have nowhere else to go; in our “other” homeland, we cannot easily get a job as the locals take precedence over us.

I myself have taken steps to get out of this social milieu. I tried vying for an English teaching job for almost a year now, but I only managed to merit three interviews in that length of time, all of which were from a reputed learning center. I recall the first one wherein I almost lost the chance for an interview from a branch within the prefecture, as the Japanese manager was deliberately deferring me to another school. I was told that the latter is nearer, only to find out that the opposite is true! Fortunately, the interviewer still gave me that chance, although I did not make the cut because “someone was in the immediate area and is willing to train immediately.”

It’s really sad, but I to continue the fight as I refuse to say “shoganai” and just stick to the program. I am willing to exert 10 times more effort in order to secure a job that I can be proud of, one that can inspire my fellow people to strive for excellence, instead of being kept in the shadows of a backbreaking unskilled labor job in a factory. I truly seek for recognition, if not acceptance, of our kind in this society; and I feel that that time has yet to come.

Reijiro “Zero” Abrera (pen name)
zero DOT abrera AT yahoo DOT com
ENDS

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

From: Aly Rustom
Subject: My story about harrassment by the yoshikawa police

I would like to start off by asking Japanese people who have traveled overseas a very simple question: while overseas, how many of you actually had problems with police harassment. How many of you were asked to show your passports or proof of alien registration or visa just because you were not the right color, or because you just looked different? Chances are, most of you would say ”never!”

Now please sit back and read about the following situations that I, an Englishman, have had to endure. These incidences have taken place in the city of Yoshikawa in Saitama Prefecture and the authorities mentioned here are all members of the Saitama-ken Yoshikawa Keisatsu.

This is the incident that caused me to finally say enough is enough and tell someone about this. I was having the oil changed in my car and I had decided to take a walk to the local police box by Yoshikawa station, because I had lost my mobile phone the week before and I was wondering if they had found it. While walking, a police car passed me, and the two coppers inside stared at me intensely. I ignored the stares and walked on. I was close to the station, when the car pulled up beside me, coming to a screeching halt; there was only one cop inside. The other had snuck up behind me. I hadnft done anything wrong, yet both were treating me like a fugitive on the run, trying to cut my avenue of escape, as if I would try to run anyway! The one behind me asked if I was working here. (this whole conversation was conducted in Japanese) I said yes. He asked to see my GAIJIN card, a word that I find extremely offensive, as do most foreigners I know.

I asked him, ”Why? Have I done anything wrong?

”Nothing at all” he replied. ”We’re just checking foreigners’ GAIJIN cards, making sure that they are all legal. Recently there have been a lot of problems with Chinese people.” Did I miss something here?

I asked him, ”Do I look Chinese to you” (I’m white)? He said no. I continued, “As a matter of fact, you two look more Chinese than I do, correct?” They both laughed uncomfortably, not knowing whether to agree or disagree with my statement. The older one spoke up.

”Its not just the Chinese now days. Recently wefve been having many problems with Middle Eastern people. They are terrible people.” Now I was starting to get upset. My grandparents on my mother’s side came from Egypt. I told him that.

”Oh! Well, I don’t mean all of them are bad. Just some of them,” he said. ”And the Iranians. We have so many problems with Iranians.”

“In Yoshikawa?!” I was shocked.

“In Misato. But they are right next to each other.”

“I’ve never heard about anything happening,” I said.

”They’re minor infractions, but they do happen.”

“This is discrimination. Do you know that there are more than 100,000 Japanese nationals living in the UK alone? And what about America, Canada, Australia, etc. When Japanese nationals go overseas they don’t get treated this way. Why do you do this to us?”

”Over there, that’s England. This is Japan,” was the reply.

”And you are a racist,” was mine.

”We are often told that by people when we stop them, but it’s really not true.”

“You just stopped me simply because I don’t have an Asian face. That’s discrimination.”

“Oh, thatfs not true! We stop the Fillipinos and the Chinese as well!” was the enthusiastic reply.

”Well, that’s racism. You’re basically discriminating against non Japanese.”

“We have a lot of problems with foreign crime!” he protested.

“You don’t have problems with Japanese people committing crimes?” I asked.

”Yes we do,” he said.

”You don’t go around stopping THEM, do you?”

”They’re JAPANESE. They donft have Gaijin cards.” He laughed in a condescending way at me, as if to tell me my comment was stupid.

”That’s still discrimination. Both groups commit crimes. Both have good and bad people among them. Yet, you only stop the foreigners. That’s discrimination.”

”All right,” he challenged me. ”What DO YOU think we should do? What DO YOU think we should do?” I was quite frankly taken aback. I thought for a second. I looked at him.

”Nothing,” I said. ”Don’t do anything. You can’t do anything. You can’t arrest someone before they commit a crime, right? You have to wait until they commit a crime. Am I correct?”

”This is all we can do. We have to do this to check up on foreigners living here,” he insisted.

”Do you really think that most, much less all the foreigners in Japan who commit crimes donft have proper visas. There are foreign criminals who are married to Japanese women who are living on spouse visas. There are people living in Japan without a proper visa, but who have never committed a crime. There is absolutely no relation being a criminal and having a proper visa.”

”Hmm,” was all that came out of him.

“Therefore, you have done nothing. You have gained nothing. And you know that. This is nothing more than a racist gesture.”

He tried to argue some more, but at that moment I realized that this could go on for hours. So I gave him the ”Gaijin Card” he so badly wanted to see. He noted it momentarily, and gave it back, insisting that he shake my hand. I did reluctantly. We parted our separate ways.

A year before that, I was on my way home, riding my bike, and was a few feet from my house when 2 police cars flashing their lights and sirens told me through their loudspeakers in Japanese to stop. I did. Eight coppers got out of the car and surrounded me. Needless to say, I was quite alarmed.

”Have I done anything wrong?” I asked the one nearest to me.
”No,” he said. ”Routine Checku.” He pronounced it in katakana English.

Another one came up to my right side and growled for my Gaijin card (I really hate that word). I gave it to him. A third snuck up to me from behind and when I turned to face him, he leaned in close to me and asked me in a threatening voice that was meant to be intimidating which country I came from.

That was the last straw. Fear and alarm turned into outrage and downright fury. I leaned even closer so that our noses were almost touching and said, ”EGIRISU” in a loud and challenging voice. I glared at him, in a challenging way. He backed off, and retreated back into the safety of his comrades. I was asked a whole series of questions to which I responded to with as much patience as I could muster. I went home feeling pretty much the same way I felt after the last incident a few weeks ago: drained, tired, depressed, helpless, upset, and most of all furious.

What’s going on here? Why is Japan treating her foreigners like they are ALL criminals? Yes there is foreign crime in Japan. But it is significantly lower than in other countries and nothing when you compare it to crime committed by Japanese nationals. I can also tell you right now, the Yakuza are creating massive problems for us in London. They practically run Little Tokyo in Los Angeles and they are very powerful in parts of New York as well as North Vancouver. Contrary to popular belief, Japanese do commit crimes in other countries too, but nobody singles THEM out and forces them to show their proof of status.

Also, a very small number of foreigners actually commit crimes. I know this, because had the number been significant, there would have been martial law declared on all foreigners. This forcing people to show their passports or gaijin cards only incites hatred, disdain, and rage toward the Japanese people as a group, and does no one any good. You’re not stopping foreign crime. Anyone can get married to a national and get visa status. This happens around the world. This forcing of foreigners to carry ID with them at all times is nothing more than a racist gesture. It solves no problem. It adds to it. And believe me, it adds to Japanese people’s problems too.

Japanese people love to travel. Imagine having experiences like mine in a foreign country and coming home feeling nothing but negative about that country. Now imagine you just met someone from that country in your own country enjoying life, smiling, and enjoying the very privileges that were denied you when you were in that country. How would you feel towards that person? Hostile? Would you want revenge? All these foreigners you are mistreating have a home country. They will probably go back someday. Your friends, relatives, children, etc might someday find themselves as Gaijin in these countries. Heaven help them if they run into a disgruntled foreigner whose experiences in Japan were negative. Heaven help any Japanese national who runs into me in the UK and tells me he is a police officer in Japan.

See what you have done? And for WHAT? We are human like you.

ENDS

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Rogues’ Gallery: Kansai Kensetsu Inc., a “No Foreigners” realtor in Osaka–according to its catalog

mytest

Hi Blog. Martin Oickle was kind enough to send me one page of a housing/apartment catalog from “Heartful Fukushima Ten”–an Osaka realtor (Fukushima 7-5-1, Fukushima-ku, Osaka-shi, KK Kansai Kensetsu Fukushima Ten, Ph 06-6455-7101).

It has a system for refusing foreigners that is so clear it’s even got a special snappy logo:

heartfulrealtynogaijin005.jpg
very kindly abbreviated to “‘gaijin’ are allowed” for your handy-dandy reference. Cute.

Here’s the original page in its entirety, from page nine of its catalog:
(click on the image to see a very detailed 300 dpi scan close up)

heartfulrealtynogaijin001.jpg

You’ll notice the very clever logos at the bottom, for “Auto Lock”, “Satellite TV”, “Students Allowed”, “Pianos Allowed”, “Children Allowed”, “Sink for Shampooing”, “Pets Allowed”, “Toilet and Bath Unit Separate”, “Shower Included”, “Flooring”, “Piped in Radio”, “Specially for Women”, “Hot Water Pot Included”, “Staff Constantly On Duty”, “Cable TV”, “Parking Allowed”, “Handicapped Access”, “Contract with Legal Entity”, “Air Conditioning”, “Elevator”, “Rentable in Portions”, “Furnished”, “Phone Included”, “Refrigerator Included”, and finally… “Foreigners Allowed”.

(click below to see whole image in your browser)
heartfulrealtynogaijin004.jpg

Thanks for making it so clear, I guess. Very Heartful. You’ll also notice that there is only one apartment of the twelve on this page which will deign to take “gaijin”:

heartfulrealtynogaijin003.jpg

And it’s nearly the cheapest and quite possibly the crappiest one on the entire page–only a one-room (1R). Now what a coincidence…

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

Now some quick counterarguments for the pedants, for what they’re worth:

Yes, there are restrictions on other things, such as pianos, but pianos and other material effects are not people. Same with pets, of course.

Yes, there are restrictions on students and children. But one does not remain a student or a child all their life, so it’s not the same as discrimination by nationality. (And for the record, I do not support “Women Only” apartments by the same logic. In any case, the default mode for apartments is accepting women, whereas the default for “gaijin” is rejection.)

What a lovely way to welcome newcomers who have enough hurdles to jump over in this society, without having the most fundamental thing they need in their life–a place to rest their head every day–denied them when they first arrive or need to move. Moreover relegate them to lousy housing regardless of income.

And the fact that this company is bold enough to make exclusionism so explicit (the realtor will no doubt counterargue that this is done by the landlord’s wishes; they’re just following orders) makes them an accessory to the discrimination in black and white.

Debito.org wishes to discourage this type of systematic discrimination in any way possible. I have put this company on the “Rogues’ Gallery of Exclusionary Establishments”.

Suggest you take your business elsewhere if you’re looking for apartments in Fukushima-ku, Osaka. Someplace less tolerant of intolerance.

Like some of these places, mentioned in a Japan Times article of November 10, 2007, blogged here.

Pertinent references from the article:
The Land, Infrastructure and Transport Ministry launched the Web site Anshin Chintai (safe rental housing) in June to provide rental housing information and lists of real estate agents and NPOs that can support foreign apartment-seekers. So far, Tokyo, Fukuoka, Osaka and Miyagi prefectures and Kawasaki have joined the project. For example, 237 real estate agents in Tokyo are listed as supportive firms.

The site — www.anshin-chintai.jp — is available in Japanese only, but foreigners who have difficulties with the language can ask local governments to explain the information on the site to them, according to the ministry.

The Japan Property Management Association, involving about 1,000 real estate agencies, also launched the Web site Welcome Chintai — www.jpm.jp/welcome/ — in September to introduce rental properties in six languages — Chinese, English, Korean, Mongolian, Spanish and Russian.

Arudou Debito in Sapporo

Valentine Lawsuit: Next Hearing Nov 20 11AM Tokyo High Court, join his support group.

mytest

Hi Blog. Nov 20 promises to be a busy day. If you’re not attending the Amnesty/SMJ Protest against Fingerprinting, then consider attending this event–in fact you can probably squeeze both of them in, since they’re both in Kasumigaseki.

About a person allegedly brutalized by the police, but undoubtedly denied medical treatment while incarcerated, and crippled in the event. Yet could not receive any compensation in court for his suffering or medical bills due in part to, according to the Lower Court decision, his (and his witnesses’) untrustworthy foreignness. I wrote about this in the Japan Times last August 14:

THE ZEIT GIST
Abuse, racism, lost evidence deny justice in Valentine Case
Nigerian’s ordeal shows that different standards apply for foreigners in court

https://www.debito.org/japantimes081407.html

Here are the details from the Support Group. Arudou Debito in Sapporo

////////////////////////////////////////////////////////////
SUPPORTERS WANTED FOR MR. VALENTINE’S TRIAL
== Please participate in his upcoming hearing ==

In Japan, when a witness is a foreigner, he can’t be trusted. And when an accused is a foreigner, he can’t have justice. At least, that is what is going on with his case…

Mr. Valentine, a Nigerian national, is defending himself against the Tokyo Metropolitan Government after a police beating incident which took place in Shinjuku almost 4 years ago. At the last trial, the judge did not close the case. Many thanks to the audience (more than 25 people sat in the public seats) who watched the trial so close. And now the date for the 3rd trial has been set. We are asking for your support, especially your participation in this upcoming hearing at Tokyo high court. Please help him to get justice.

The 3rd Appeal Tribunal Trial schedule:
Court opens at 11 am on November 20th. Tuesday, 2007
At Tokyo High Court 8th floor
Court Room Number 808
Court appellant : Mr. Valentine U.C.
< case number " (NE) 2429th of 2007" >

An application is not necessary to attend the hearing. Anyone can participate. Please come to the court before 11 am. You can enter the hearing room without any application or notification, but there will be a property check at the door. If you come earlier, please wait in the waiting room. Other supporters will meet you there. For more info: http://www.courts.go.jp/kengaku/

Access : “Kasumigaseki station” on Tokyo Metro Marunouchi line, Hibiya line or Chiyoda line. A1 exit, 1 minute walk. Or “Sakuradamon station” on Tokyo Metro Yuurakuchou line, No. 5 exit, 3 minute walk.

Mr. Valentine was arrested by Fuueihou violation in a back alley in Shinjuku Kabuki-cho on December 9th in 2003. Though he was handcuffed and did not resist during the arrest, he was brutally beaten by undercover police officers and it cost him a broken knee head bone. At the Tokyo police hospital, Mr. Valentine did not receive proper treatment. As a result, Mr. Valentine became a certified disabled person.

He brought a lawsuit against the Tokyo Metropolitan Government back in August, 2005, but lost the case. One of the reasons for the decision was based on the unaccountability of the eyewitness. The witness was also an African man. It stated anyone from the Kabuki-cho black people community can’t be taken as an accountable witness. And the Tokyo police hospital has not released his medical record, insisting it has been lost.

Read more:
http://search.japantimes.co.jp/cgi-bin/fl20070814zg.html
Contact: Valentine Trial Support Group (Japanese or English)
E-MAIL: rakuritsu.green@hotmail.co.jp
ENDS

バレンタインさんの警察官による外国人への暴力事件:【裁判傍聴に ご参加をお願いします!】 平成19年11月20日(火)11時 開廷

mytest

【裁判傍聴に ご参加をお願いします!】
===警察官による外国人への暴力事件===

ナイジェリア国籍のバレンタインさんは、新宿歌舞伎町で私服 警察官に不法な暴力を振るわれ障害者となりました。東京都を 相手取り裁判を起こしましたが、一審敗訴。東京都は暴力の事 実を認めず、バレンタインさんが勝手に看板に足をぶつけて怪 我をしたと虚偽の主張。証拠となる防犯カメラが現場にありま したが、都は防犯カメラを撤去し最初からなかったと主張しま した。初診のカルテも東京警察病院が「受診カルテを紛失した 」として裁判所命令にもかかわらず提出を拒否しています。一 審判決は原告側証人を「外国人だから信用できない」としまし た。原告は強大な公権力に翻弄され窮地に追い込まれています 。

人権が無視されていいのでしょうか、税金による公権力の不当 行使を許していいのでしょうか。

バレンタインさんは現在、控訴審公判中です。前回の第2回目 公判では25名以上の方々で傍聴席がうまり、そのお陰により 結審せず、第3回目公判につなげることができました。法廷で 真実を明らかにするため、東京高等裁判所に公正な判決を下し てもらうよう、多くの方々の傍聴参加をお願いします!

■ 【第3回・控訴審公判日程】 ■

平成19年11月20日(火)11時 開廷  東京高等裁判所 8階808号法廷

控訴人 バレンタインさんの事件名 「平成19年(ネ)第2 429号 」

○最寄り駅:地下鉄東京メトロ丸の内線・日比谷線・千代田線 「霞が関駅」A1出口から徒歩1分

地下鉄東京メトロ有楽町線「桜田門駅」5番出口から徒歩約3 分

○東京高等裁判所へのアクセス・案内図⇒
http://www.courts.go.jp/tokyo/about/syozai/tokyotisai.html

* 裁判の傍聴は、申込不要・受付不要です。誰でも傍聴でき ます。当日、開始時刻前に法廷に行って下さい。申込の必要や 、入口でどこの法廷に行くかなどの届出は不要です。(ただし 、裁判所の中にはいる際に、持物検査があります。)早くこら れた方は、隣接の待合室でお待ち下さい。他の支援者が同じよ うにそこで待っています。詳しい裁判傍聴案内は次のURLを参 照下さい⇒
http://www.courts.go.jp/kengaku/

【暴行の経緯】

ナイジェリア国籍のバレンタインさんは、2003年12月9 日午後7時45分、新宿歌舞伎町の路地裏にて風営法違反で逮 捕されました。当時歌舞伎町でナイトクラブのビラ配りのアル バイトをしていたバレンタインさんは、逮捕時には手錠をかけ られた上全く無抵抗であったのにも係わらず、私服警官から過 剰な暴行を受け、右膝周辺を力一杯踏みつけられ蹴飛ばされ、 右膝頚骨は粉砕してしまいました。その結果バレンタインさん は身体障害者になり、障害者手帳(5級)の保持者になりまし た。

バレンタインさんが懇願した末に搬送された東京警察病院でも 、必要な治療(手術)を受けらずに新宿署に10日間身柄を拘 束されました。本来ならば、通常このような患者には緊急手術 が施されますが、しかしその間も取調べは行われ、怪我を負わ された足にギブスをつけただけでした。そして現在も歩行に支 障をきたし、今後は普通に走ることなど望めません。

バレンタインさんはこの暴行に対し2005年8月、東京都に 対し国家賠償訴訟を起こしましたが、2007年3月29日敗 訴判決が下されました。(一審では、「歌舞伎町黒人コミュニ ティーの仲間である同国人の証人証言を、そのまま信用するこ とは到底できない。」などの理由により敗訴。また、東京警察 病院では「受診カルテを紛失した」とし、カルテを開示しませ んでした。)

同年5月に控訴し、7月15日に控訴審初公判、9月25日に 第2回公判を済ませ、現在は次回第3回公判の準備中です。

■連絡先: バレンタイン裁判支援会(メールは日本語でもO Kです。)

E-MAIL: rakuritsu.green@hotmail.co.jp
ENDS

Fingerprinting: Amnesty/SMJ Appeal for Noon Nov 20 Public Appeal outside Justice Ministry

mytest

Hi Blog. Here’s the public appeal I was asked to translate for sponsoring groups Amnesty International/Solidarity with Migrants Japan. This is their upcoming November 20 Public Action in front of the Justice Ministry against Fingerprinting NJ. Attend if you like. Details in the appeal below. More on the event also here. Arudou Debito in Sapporo

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

PROTEST JAPAN’S VERSION OF THE “US-VISIT PROGRAM”!
STOP FINGERPRINTING NON-JAPANESE!
TOKYO PUBLIC ACTION OUTSIDE THE JUSTICE MINISTRY, NOON, NOVEMBER 20!

(translated by Arudou Debito)

From November 20, 2007, the Japanese government will put into effect the Japan version of the US-VISIT Program, where all non-Japanese entering Japan (with the exception of children under age 16, Diplomats, and “Special Permanent Residents” (i.e. ethnic Koreans, Chinese, etc.) will have their fingerprints and facial photographs taken every time they cross the border.

This is none other than a system to track and tighten controls on foreigners, including residents. The government and the Justice Ministry loudly claim that this is an “anti-terror measure”, but consider the US-VISIT Program, inaugurated four years ago in the United States, that this policy is modeled upon: “It has been completely ineffective at uncovering terrorists. Rather, it has been used as a way for the government to create a blacklist and stop human rights activists from entering the country.” (Barry Steinhardt, American Civil Liberties Union, Foreign Correspondents Club of Japan October 29, 2007). We see Japan heading down the same path as the US.

Japan’s version of the US-VISIT Program is so laden with problems, and passed without adequate deliberation by the Diet, that we call for the government and the Justice Ministry to immediately suspend it. To his end, we will assemble before the Justice Ministry on the day of its promulgation, November 20, 2007, for a public action and protest. We call on the public to join us at noon that day and lend your support and participation.

=========================
DATE: Tuesday, November 20, 2007
TIME: Noon (public action will take 30 minutes to an hour)
PLACE: Ministry of Justice, Kasumigaseki, Tokyo (Goudou Chousha #6)
(Subway Marunouchi Line to Kasumigaseki Station, Bengoshi Kaikan exit)

ACTIVITIES: Sound truck with speeches
Placards, Message boards (NO TO FINGERPRINTING, FINGERPRINTING NON-JAPANESE IS DISCRIMINATION, “NON-JAPANESE” DOES NOT MEAN “TERRORIST” etc.–create your own slogan and bring your own sign!)
=========================

CONTACT:
Amnesty International Japan (Tel 03-3518-6777)
http://www.amnesty.or.jp/

Solidarity Network with Migrants Japan (SMJ) (Tel:03-5802-6033)
http://www.jca.apc.org/migrant-net/
See you there!
ENDS

Documentary film on parental child abduction in Japan: Fundraiser Tues Dec 11 in Tokyo

mytest

Hi Blog. I have been quite closely associated with this project for more than a year now (I’m interviewed in the film–see the link to the trailer below) and have a personal stake in the subject. I encourage you to join us for the fundraiser, help out in any way you can, and even perhaps suggest venues we could appear at to get the word out. This is the Golden Age of the documentary, and this one ranks amongst the important ones. Help us get it launched. Downloadable movie poster available here. Arudou Debito in Sapporo

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

DOCUMENTARY FILM ON PARENTAL CHILD ABDUCTION IN JAPAN PLANS DECEMBER 11TH FUNDRAISER IN TOKYO

We first learned of this situation in January 2006 in a Metropolis article titled “Think of the children” by Kevin Buckland, and after some discussions we felt strongly that a documentary film would be an influential way to raise awareness about the issue. Both of us are married to Japanese and have started wonderful families, but hearing how easily and frequently a parent can be cut off from seeing their own kids was very disturbing. In reality, when a marriage in Japan or with a Japanese national(s) goes bad and there are kids involved, the situation easily becomes drastic and severe. Though the Japanese courts, government and police may not have intended it to be this way, Japan has become an abduction-friendly country, where the winner is the first one to grab the kids and run. We want to make this film to expose the depth of the current problem and how it affects everyone–worst of all, the children who are caught in the middle.

For the past year we have juggled our schedules to travel to several cities all over the world, talking to left-behind parents, attempting to speak with abducting parents, and conversing with experts on divorce, child psychology and law to gain and ultimately share a greater understanding of how and why this situation exists. We plan to take at least two months off from our current employment in spring 2008, and dedicate ourselves full time to edit and finalize the film. We aim for a screening at a film festival before the year is out. Our intention is to show it outside Japan first, garnering international support to create “gaiatsu” (outside pressure) that will force Japan to address and take responsibility for addressing the current situation. Matt and I want to make a film with tremendous impact in a prompt time frame, and to do that will require a much greater amount of funds than we have at this point. It is our goal to raise close to a quarter million dollars for this purpose. We ask all of you to consider making a donation within your budget toward our goal. For American tax payers we will soon have information about how you can donate tax free to our non-profit account at IDA.

We will have a Fundraiser at the Pink Cow restaurant in Shibuya on December 11th from 7:30 to 10:00pm. Tickets cost 10,000 yen include a beautiful buffet dinner two drinks (then cash bar), speakers and discussion about the current situation and a video presentation. For tickets contact: dave@fortakaandmana.com

Murray Wood, Steve Christie and Debito Arudou are among the list of attendees.

Please visit our website at:

http://www.fortakaandmana.com

View our trailer and find out more details about the film, links to other important websites, and donation details.

Matt’s e-mail is: matt@fortakaandmana.com
Dave’s e-mail is: dave@fortakaandmana.com

Thank you for your time and consideration.

David Hearn and Matt Antell
=======================================

MORE ON THIS ISSUE AT
“Remember the Children
One year on, has anything changed in the fight against international child abduction?”
Follow-up article in Metropolis by Kevin Buckland
http://metropolis.co.jp/tokyo/670/globalvillage.asp

Children’s Rights Network Japan
http://www.crnjapan.com/en/

https://www.debito.org/thedivorce.html
ENDS

Mainichi: Justice Minister Hatoyama justifies NJ fingerprinting, alleging ‘friend of a friend’ al-Qaeda link

mytest

Hi Blog. Our Minister of Justice should be more careful about the company he keeps… and the conclusions he draws. Arudou Debito in Sapporo

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

Hatoyama justifies taking prints with ‘friend of a friend’ in al-Qaida claim
Mainichi Shinbun Oct 29, 2007

http://mdn.mainichi.jp/national/news/20071029p2a00m0na052000c.html
Courtesy of FG

TOKYO (AP) — Japan’s justice minister said Monday a “friend of a friend” who belonged to al-Qaida was able to sneak into the country with false passports and disguises, proving Tokyo needs to fingerprint and photograph arriving foreigners.

Japan will begin imposing the new measures on Nov. 20 on all foreigners entering the country aged 16 or over to guard against terrorism, in a move critics say will fail to protect the country and will violate human rights.

Justice Minister Kunio Hatoyama, however, told reporters that he had personal knowledge of how terrorists can infiltrate the country, citing an unidentified “friend of a friend” who was involved in a bomb attack on the Indonesian island of Bali.

“I have never met this person, but until two or three years ago, it seems this person was visiting Japan often. And each time he arrived in Japan, he used a different passport,” Hatoyama said.

The justice minister added that his friend, whom he also did not identify, had warned him to stay away from the center of Bali.

Hatoyama did not specify which of two Bali bomb attacks — in 2002 and 2005 — he was referring to. Nor did he say whether the warning came before a bombing, or whether he alerted Indonesian officials.

Indonesian police have said the 2002 bombings that killed 202 people were carried out with funds and direction from al-Qaida. A splinter group of the Southeast Asian terror organization Jemaah Islamiyah allegedly carried out the 2005 attacks independently.

“The fact is that such foreign people can easily enter Japan,” Hatoyama said. “In terms of security, this is not a preferable situation.”

“I know this may cause a lot of inconvenience, but it’s very necessary to fight terror,” Hatoyama said of the fingerprinting measures. “Japan may also become a victim of a terrorist attack.”

Prime Minister Yasuo Fukuda said he hoped Hatoyama’s al-Qaida connection would not re-enter Japan.

“I hope he’ll deal with this issue firmly through immigration controls now that he’s justice minister,” Fukuda said.

Critics have blasted the new fingerprinting measures, which only exempt some permanent residents, diplomatic visitors and children.

“The introduction of this system is a violation of basic human rights, especially the right to privacy,” said Makoto Teranaka, secretary-general of the human rights group Amnesty International Japan.

He said it unfairly targets foreigners since Japanese could also be criminals or terrorists.

Under the new regulations, all adults will be photographed and fingerprinted on arrival in Japan, according to the country’s Immigration Bureau. Incoming aircraft and ship operators also will be obliged to provide passenger and crew lists before they arrive.

Resident foreigners will be required to go through the procedure every time they re-enter Japan, the bureau said. Immigration officials will compare the images and data with a database of international terror and crime suspects as well as domestic crime records. People matching the data on file will be denied entry and deported.

Similar measures have been introduced in the United States.

Tokyo’s support of the U.S.-led invasions of Afghanistan and Iraq and dispatch of forces to each region have raised concerns that Japan could become a target of terror attacks.

Fingerprinting carries a strong stigma in Japan because it is associated with criminals.

Japan previously fingerprinted foreign residents, but that system was abolished in 1999 following civil rights campaigns involving Japan’s large Korean and Chinese communities.

——————————————

Barry Steinhardt, of the American Civil Liberties Union, speaks at an FCCJ press conference in Tokyo Monday, Oct. 29, 2007. Japan is to launch new regulations for foreigners entering the country starting Nov. 20, which will require all adults ages 16 or over to be photographed and fingerprinted upon arrival in Japan. Steinhardt said a similar measure introduced in the United States in 2004 US-VISIT, which stands for U.S. Visitor and Immigrant Status Indicator Technology, has been an ineffective tracking measure. (AP Photo/Shizuo Kambayashi)
ENDS

Nick Wood on NJ Fingerprinting policy as breach of international treaty

mytest

Hi Blog. Nick Wood reports:

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

Legal challenge to the fingerprinting and photographing of foreign residents of Japan on their re-enter to the country

The fingerprinting and photographing of (permanent and non-permanent) foreign residents on their re-entry to Japan (with the implementation of the revised Immigration Control and Refugee Recognition Act) constitutes a discriminatory action in breach of the Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR).

Relevant International Law

The Universal Declaration of Human Rights (UDHR) establishes the principle that “[e]veryone has the right to leave any country, including his own, and to return to his country.”(1) The International Covenant on Civil and Political Rights (ICCPR) similarly establishes that “[e]veryone shall be free to leave any country, including his own,”(2) and that “[n]o one shall be arbitrarily deprived of the right to enter his own country.”(3)

The right to return extends to those who have obtained citizenship in a third state, since the definition of “own country” in these provisions of the ICCPR is not limited to “country of nationality.” According to the U.N. Human Rights Committee, it applies as well to “an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien.” (See ICCPR General Comment No. 27, para. 20 (U.N. DOC. CCPR/ C/21/Rev.1/Add.9, 2/11/199): “The scope of ‘his own country’ is broader than the concept ‘country of his nationality.’ It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien.”)

Present Practice

The present practice (to be terminated on 20 November 2007) of allowing foreign residents with re-entry visas to enter Japan through the same passport control as Japanese citizens is de facto recognition of their right of return and to be accorded the same treatment as those carrying Japanese passports.

The issuance of a re-entry visa by the Ministry of Justice provides a foreign resident with a legitimate basis to consider Japan as “his own country”.

Argument

Predicated on the provisions of UDHR and ICCPR, foreign residents have a justifiable claim to a “special tie” to Japan and cannot be considered “mere aliens”. They therefore have a right to return. Moreover, this right to re-enter Japan has been equated through custom and practice with that of Japanese citizens whose right to return is based on nationality. Thus, to treat foreign residents differently from Japanese nationals (that is, by insisting on the collection of biometric data before admission to Japan is allowed, and to thereby hinder the exercise of their right to return) is a discriminatory action in breach of UDHR and ICCPR.

In order to comply with relevant international law, Japan should either a) collect biometric data from both foreign residents and Japanese nationals as they re-enter the country, or b) terminate the discriminatory treatment of foreign residents.

Nick Wood, University Teachers Union

Notes
1. Universal Declaration of Human Rights, Article 13(2).
2. International Covenant on Civil and Political Rights, Article 1(2).
3. International Covenant on Civil and Political Rights, Article 12(4).

Based on: Human Rights Watch Publications
IV. Freedom of Movement in International Law
http://hrw.org/reports/2005/cuba1005/4.htm#_ftn199
ENDS

Reuters/Wash Post etc on how new NJ Fingerprint policy goes beyond model US-VISIT Program

mytest

The Fingerprint Issue is starting to hit the overseas press now… With information on how it goes even further than the US-VISIT Program it was originally modelled upon. Debito in Osaka

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

Japan to take fingerprints, photos of foreigners
Washington Post, Friday, October 26, 2007; 1:04 AM
By Isabel Reynolds, REUTERS
Courtesy http://www.washingtonpost.com/wp-dyn/content/article/2007/10/26/AR2007102600100.html
And Taipei Times, Yahoo News, Reuters India, China Post…

Japan is to fingerprint and photograph foreigners entering the country from next month in an anti-terrorism policy that is stirring anger among foreign residents and human rights activists.

Anyone considered to be a terrorist — or refusing to cooperate — will be denied entry and deported.

“This will greatly contribute to preventing international terrorist activities on our soil,” Immigration Bureau official Naoto Nikai said in a briefing on the system, which starts on November 20.

The checks are similar to the “U.S. Visit” system introduced in the United States after the attacks on September 11, 2001.

But Japan, unlike the United States, will require resident foreigners as well as visitors to be fingerprinted and photographed every time they re-enter the country.

“It certainly doesn’t make people who’ve been here for 30 or 40 years feel like they’re even human beings basically,” said businessman Terrie Lloyd, who has dual Australian and New Zealand citizenship and has been based in Japan for 24 years.

“There has not been a single incident of foreign terrorism in Japan, and there have been plenty of Japanese terrorists,” he said.

There are more than two million foreigners registered as resident in Japan, of whom 40 percent are classed as permanent residents.

CRIMINAL INVESTIGATIONS

The pictures and fingerprints obtained by immigration officials will be made available to police and may be shared with foreign immigration authorities and governments.

Diplomats and children under 16 are excluded from the new requirement, as are “special” permanent residents of Korean and Chinese origin, many of whom are descended from those brought to Japan as forced labor before and during World War Two.

Local government fingerprinting of foreign residents when issuing registration cards, long a source of friction, was abolished in 2000.

Amnesty International is calling for the immigration plan to be abandoned.

“Making only foreigners provide this data is discriminatory,” said Sonoko Kawakami of Amnesty’s Japan office. “They are saying ‘terrorist equals foreigner’. It’s an exclusionary policy that could encourage xenophobia.”

The new system is being introduced as Japan campaigns to attract more tourists. More than 6.7 million foreign visitors came to Japan in 2006, government statistics show. Immigration officials say they are unsure how long tourists can expect to wait in line for the checks to be made.

Britain is set to require non-European foreign nationals to register biometric details when applying for visas from next year.
ENDS

NY1 News: Japanese Courts Make It Hard To Prove Innocence

mytest

Hi Blog. Word is getting out on what’s going on over here… Debito in Hirakata, Osaka.

======================================
JAPANESE COURTS MAKE IT HARD TO PROVE INNOCENCE
NY1 News, October 13, 2007

http://www.ny1.com/ny1/content/index.jsp?stid=1&aid=74482
Courtesy of John Blade

In part four of her five-part series Tokyo Justice, NY1 Criminal Justice reporter Solana Pyne looks into the story of a man who finds himself swallowed up in the Japanese criminal justice system even though he’s done nothing wrong, bullied by police who want him to confess to a crime he didn’t commit. The story became the basis for an eye-opening movie in Japan.

The film “I Just Didn’t Do It” tells the story of a young Japanese man wrongly convicted of groping a woman on the subway. Director Misayaki Suo says the idea for the movie came from a newspaper story about a man who went through that ordeal.

“In theory, the defendant is innocent until proven guilty, but in Japan the defendant has to earn his innocence by proving that he is not guilty. It appears to be that way to me,” says Suo through a translator.

He discovered Japanese courts convict close to 99 percent of those who come before them. It’s one of the many things about the movie that those who watch it think is fiction.

“Many people are surprised and they ask, ‘Is this a true story?’” says Suo.

It was no surprise to Takashi Yatabe, pictured above, and his wife. It was his story that inspired Suo. Yatabe’s ordeal began in December of 2000, during his routine commute to work.

“A lady was pinching my sleeve. I turned around and she began jumping and to her girlfriend. Her friend came over and suddenly called me a groper,” says Yatabe through a translator.

He says he went willingly to the local police box to tell his side of the story. Already he says there were holes in the woman’s account: he wasn’t where she said he was, and she said he unzipped his pants, but his pants only had buttons. Still, over the next few weeks he was interrogated some four times. And he had no lawyer in the room with him because Japanese law doesn’t allow it.

“One detective suddenly pounded on the table and said, ‘you must have done it, you must have done it,’” recalls Yatabe.

But he refused. After three months he was finally released on bail. While out, he made videos, and diagrams to show the woman was not telling the truth. After a series of proceedings that took almost a year, a judge eventually heard his case. There are no juries in Japan.

“Guilty. The sentence was a year and two months in prison,” says Yatabe.

He was able to stay out of prison on appeal, finally changing his strategy to say something bad must in fact have happened to his accuser, but he was not to blame. After more than a year, his conviction was overturned – something that happens just a few percent of the time.

“Before this, I thought the court was the place that protected human rights. I never doubted it. I believed in police and prosecutors too,” says Yatabe’s wife Atsuko Yatabe through a translator.

Some might ask what it will take to prevent what happened to Yatabe from happening to others. He says the system needs to be completely overhauled.

“If the entire judicial system changes, then police and prosecutors might improve,” says Yatabe.

– Solana Pyne
ENDS

Amnesty/SMJ Oct 27 Symposium, translated Public Appeal for abolition of NJ fingerprinting program

mytest

Hi Blog. Amnesty International Japan asked me to translate their public appeal for their Oct 27, 2007 Tokyo Symposium, calling for the abolition of the November 20 Reinstitution of Fingerprints for (almost) All Foreigners Program. Text follows below.

Sent it in an hour ago. If you like what they’re saying, attend this symposium. Details on where it’s being held here.

You want to get organized and stop all foreigners from being treated as terrorists? Now’s your chance. Arudou Debito in Tokyo

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

STOP THE “JAPAN VERSION OF THE US-VISIT PROGRAM”
APPEAL FOR THE OCTOBER 27, 2007 SYMPOSIUM

Sponsored by Amnesty International Japan and Solidarity Network with Migrants Japan (SMJ)
(Draft One, Translated by Arudou Debito, not yet approved translation)

The introduction of the Japan version of the US-VISIT Program, where almost all non-Japanese residents and re-entrants will have their fingerprints, face photographs, and personal details taken and recorded upon (re-)entry, is imminent.

Although this system, which was approved by the 2006 regular session of the Japanese Diet (Parliament) mainly as a means of combating terrorism, has not in our opinion been properly deliberated and considered by our policymakers.

For example:

1) Is it acceptable for these measures to be adopted without clear legislation regarding the collection, processing, use, and disposal of fingerprints, which is highly personal and biotic data?

2) Is it acceptable to entrust this kind of data, which as fingerprints and photos are of a highly personal and distinguishing nature, to all governmental bodies in this manner?

3) Is the technology behind biometric data collection really all that reliable?

4) Can we truly say that the definition and classification of “terrorist” has been clearly defined by law?

5) Have proper restrictions been put in place so that this information is not given to other governments?

These questions were neither adequately addressed nor answered when this program was passed by our legislators. Further, based upon our legislators’ answers and misunderstandings about these measures, it is clear that this program has been adopted without an adequate degree of preparation. Even though a year has passed since this program was approved, the above concerns remain unaddressed.

For these reasons we make this public appeal. We oppose this “Japanese version of the US-VISIT Program”, and add the following reasons:

The basis for requiring non-Japanese to give biometric data when entering Japan is the presupposition that “foreigners are terrorists”. This is discrimination towards non-Japanese people. With the exception of the Special Permanent Residents etc., taking fingerprints, photos, and other biometric data from almost all non-Japanese is an excessive and overreaching policy. In light of Japan’s history of using fingerprinting as a means to control and track non-Japanese residents, one must not forget that thus equating non-Japanese with criminals is a great insult and indignity.

It has also become clear in Diet deliberations that this biometric data will not only be utilized for “anti-terrorism”, but also in regular criminal investigations. This use is of sensitive biotic data is clearly beyond the bounds of the original goal of these measures, something we cannot allow our government to do.

Further, there an assumption that this data will be kept on file for at most 80 years, which means it will amount to millions of people being recorded. It goes without saying that keeping this much sensitive data (given that biometric data is the ultimate in personal information) for this long is highly dangerous.

Add the fact that the very definition of “terrorist” is vague, and that it is being applied not merely to people who “undertake action with the goal of threatening the public”. People who are “probable agents” of terrorism, or “can easily become probable agents” of terrorism, or who are even “acknowledged by the authorities as having sufficient grounds for becoming agents” of terrorism, are also included. This is completely unclear, and creates fears that Immigration officials will deliberately use this as a means to expand their powers.

Meanwhile, it is nowhere acknowledged that the US-VISIT Program is in any way an effective means of preventing terrorism. In fact, the very model for this system, the United States, has been advised by its Government Accountability Office that the US-VISIT Program has some serious weaknesses.

In other words, the US-VISIT Program, nominally introduced for anti-terrorism purposes, has not been clearly adjudged as fulfilling such purposes adequately. In fact, introducing said system has created clear and present human rights abuses. Even if such system was proposed for the express purposes of “anti-terrorism”, any country duty-bound to hold human rights in high regard has no mandate to do this. This point has been stressed several times by the United Nations, and in other international organizations debating anti-terror. It is hard to deny the danger that this means to control foreigners, under the guise of “anti-terror”, will lead to a deliberate disadvantaging of specific races, religions, and ethnic groups–in other words, the embodiment of racial profiling and racial discrimination.

This “Japan version of the US-VISIT Program” is thus laden with problems. There is not enough reason for it to be introduced in this version at this time. For this reason, we who have gathered at this symposium strongly oppose this program and demand its cancellation.

October 27, 2007

”Toward further control over foreign nationals?
Japan’s anti-terrorism policy and a Japanese version of the “US-VISIT” program”

Symposium organized by
Amnesty International Japan and Solidarity Network with Migrants Japan (SMJ)

Co-signed as Arudou Debito, Author, JAPANESE ONLY
ENDS
=====================================

アムネスティ/移住連「日本版US-VISIT」施行の中止を求める!10.27シンポジウム アピール

mytest

「日本版US-VISIT」施行の中止を求める!
10.27シンポジウム アピール 
ご出席希望ならこちらへ
有道 出人が翻訳した英文はこちらです(下書き)

 来日・在日外国人の(再)入国時に指紋や顔写真など個人識別情報を採取する日本版US-VISITの実施が目前に迫っている。
 この制度は、テロ対策を主たる目的として、06年の通常国会で導入が決定されたものであるが、そのさい国会審議は十分になされたとは言えない。
たとえば、

・指紋情報という生体情報に関する取得・保管・利用・廃棄について明確な法律による規制のないままでよいのか
・指紋・写真以外に提供させる個人識別情報の種類をすべて省令に委任してしまってよいのか
・生体認証技術は本当に信頼性を有しているのか
・「テロリスト」の定義や認定方法は明確と言えるのか
・外国政府との情報交換にきちんと制約が及ぶのか

など多くの疑問が残されたまま法案は可決・成立したのである。また、国会審議における政府関係者の答弁や認識に食い違いが見られ、十分な事前の準備がなされていない実態も明らかとなった。さらに、法案成立以後、1年以上の期間があったにもかかわらず、以上の疑問点について明らかにされることもなかった。
 私たちは、これまでも「日本版US-VISIT」に対して、反対の意思を表明するとともに、様々な社会的アピールも行ってきた。それには、以下の理由がある。

 入国時における外国人の生体情報の提供を義務づけることは、「テロリストは外国人である」という先入観に基づくもので、外国人に対する差別である。これによって、特別永住者を除くほぼすべての外国人から指紋・写真その他の生体情報を取るという広汎かつ過度な手段が取られることになる。しかし日本では、指紋採取は、歴史的に外国人管理の象徴と言えるものであり、外国人を犯罪者と同視するかのごとき屈辱感を与えてきたことを忘れてはならない。

 また、取得した生体情報を、「テロ対策」ばかりでなく一般の犯罪捜査にも利用することが国会審議の中で明らかとなってきた。これは、生体情報というセンシティブ情報に関する明らかな目的外使用であり、行政機関の間であっても許されない。

 さらに、取得した個人識別情報が、長ければ80年にも及んで保有されることが想定されており、億単位の情報量となる。生体情報という究極の個人情報が、かかる長期間にわたって多量に保有されることの危険性は言うまでもない。

 そのうえ、「テロリスト」の定義も曖昧で、「公衆等脅迫目的の犯罪行為」を実行した者だけでなく、その「予備行為」または「実行を容易にする行為」を「行うおそれがあると認めるに足りる相当の理由がある者」まで含まれる。これではまったく不明確であり、入管当局による恣意的な運用が拡大するおそれもある。

同時に、US-VISITが「テロ対策」として有効であるのかどうかも確認されていない。実際、日本に先立ってUS-VISITを実施している米国では、Government Accountability Office(行政監査院)が、その制度の脆弱性を指摘するにいたっている。

つまり「テロ対策」という名目のもと実施されようとしているUS-VISITは、その目的に適う手段であるかは明らかではない一方で、その実施による人権侵害は明白なのである。しかし、たとえ「テロ対策」を名目にしていようとも、人権の尊重という国家の義務から自由ではない。この点は、「テロ対策」に関わる国連の議論や国際会議においても繰り返し強調されてきたところである。また、このような外国人の管理が、「テロ対策」の名の下に、特定の人種・宗教・民族集団に恣意的に不利益をもたらす危険性、すなわち人種的プロファイリングという人種差別の一形態となるおそれは否定しがたい。

 以上のように日本版US-VISITは大きな問題をはらんでおり、現時点で導入するに足る理由があるとは認められない。このため、本シンポジウムに集った私たちは、日本版US-VISITに反対し、その実施中止を求めて、あらゆる力を結集することをここに表明する。

2007年10月27日
「どこまで強まる?外国人管理――「テロ対策」と日本版US-VISIT」シンポジウムにて

<主催団体>
社団法人アムネスティ・インターナショナル日本
移住労働者と連帯する全国ネットワーク
ENDS

FCCJ Press Conference on fingerprinting Oct 29

mytest

Hi Blog. FYI. The issue is still gathering steam. Debito in Tokyo

Press Conference
Barry Steinhardt & Makoto Teranaka
War on Terror & Controlling Foreign Nationals

15:15-16:15 Monday, October 29, 2007, Foreign Correspondents Club of Japan, Yuurakuchou, Tokyo
(The speech and Q & A will be in English)

On November 20, Japan will begin fingerprinting and photographing virtually all foreigners entering the country in the name of the “war on terror.” Even those with permanent residency — who have previously been given the right to stay for life in Japan — are not above suspicion as Japan attempts to regain the title “safest nation on earth,” according to the Ministry of Justice.

But what will the new regulations prove? Will fingerprinting visitors make the country any safer and just how many terrorists will make the mistake of entering Narita and getting caught because they absent-mindedly gave their fingerprints to the government? Or is Japan using the “war on terror” as an excuse to bring back the once-mandatory fingerprinting of foreign nationals?

http://www.fccj.or.jp
ENDS

Peace as a Global Language Conference Oct 27-28 Kyoto

mytest

Hi Blog. Here’s an announcement of a forum coming up next week. I’ll be speaking there on Japanese Immigration on Saturday. FYI. Debito in Tokyo

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

Education – Peace and Security – Environment – Health – Global Issues Gender – Human Rights – Multicultural Issues – Politics – Values International Studies – and more!

Peace as a Global Language VI

Cultivating Leadership

October 27-28, 2007

Kyoto University of Foreign Studies,
Kyoto, Japan

A conference for educators, students, NGOs and anyone interested in
Peace and Global Issues in Education
English, Japanese and Bilingual Events!
Featuring a Model United Nations, plenary talks, lectures. workshops, poster sessions, NGO displays, a hunger banquet, a charity party, a children’s art display, a photo exhibition and much more.
Admission: Free

For more details, please visit our homepage at: http://www.pgljapan.org
or send an e-mail to: info@pgljapan.org

===========================
Cultivating Leadership
http://homepage.mac.com/p_g_l/2007.htm
together with
Imagine Peace
http://www.kufs.ac.jp/MUN/
both at
Kyoto University of Foreign Studies,
Kyoto, Japan

(1) Peace as a Global Language VI
A conference for educators, students, NGOs and anyone interested in Peace and Global Issues in Education – English, Japanese and Bilingual Events!
Join students, teachers, academics, activists and members of the local community to exchange ideas on how to make the world a better place. Participants can choose from up to six different workshops every hour, and attend several plenary talks by outstanding speakers.

Admission is to Peace As A Global Language conference is free, but you will have opportunities to donate to various charitable projects during the conference.
Admission to Imagine Peace event: 3,000 yen for delegates. Free for observers.

(2) Kyoto University of Foreign Studies 60th Anniversary Event
Imagine Peace
October 26 – October 28, 2007 at Kyoto University of Foreign Studies

“Imagine Peace” aims to make concrete contributions towards the achievement of the United Nations Millennium Development Goal Number 1: the eradication of extreme poverty and hunger.
Join us. Take action. Let’s take a step towards a world without poverty.

●IMAGINE EVENTS●

1. Action Plan Model United Nations Conference
Oct. 26: 6 pm-9 pm
Oct.27: 9 am-8 pm
Oct.28: 9 am-7 pm
Participants will represent one of the world’s countries on one of six committees. Before the conference, delegates will research their country’s poverty problems and policies, poverty issues in general, and actual plans to reduce poverty. Each conference committee will try to agree on one “Action Plan”, related to UN Millennium Development Goal Number 1, which the committee can actually carry out after the conference. Let’s make the world a better place step by step.
Participants: All ages and nationalities welcome.
Capacity: 192 people (number of the UN member states) *Registration is required in advance
Languages: English and Japanese
Registration Fee: 3000 yen for delegates only; free for observers

2. Hunger Banquet: Saturday October 27th, 2007
Time: 12:00-15:00
At Kyoto University of Foreign Studies (Cafeteria LIBRE)
Cost: 700 yen (payment onsite)
Capacity: 100 people (Apply in advance online at http://www.kufs.ac.jp/MUN/HB_registration.html)

The Hunger Banquet is an OXFAM/UNESCO concept. Participants will be placed in groups by lottery reflecting the inequalities in the food distribution situation in today’s world. Some will enjoy the food of the world’s richest people while others will eat the food of the poorest people. Our aim is to think deeply about poverty and hunger. We will share feelings and ideas in a discussion about reducing poverty and hunger.

3. Charity Party Oct.27 from 7 pm – Details will be announced later on the website.
4. Images of Peace Oct. 22- 28
An exhibition of drawings from Japanese children and from children from all around the world. The theme is “Let’s put our strength together. Let’s be one”.

5. Keynote Speakers
Betty Reardon
–founding Director of the Peace Education Center at Teachers College Columbia University and the International Institute on Peace Education
–an initiator of the Hague Appeal for Peace Global Campaign for Peace Education
–more than 40 years of experience in the international peace education movement and 25 years in the international movement for the human rights of women
–has served as a consultant to several UN agencies and has published widely in the field of peace and human rights education, gender and women’s issues
–nominated for the “1000 Women for the Nobel Peace Prize”

Kikuo Morimoto
Acting Director and founder of the Institute for Khmer Traditional Textiles
2004 laureate of the Rolex Awards for Enterprise “for breaking new ground in areas which advance human knowledge and well-being”
MOVED BY THE FAILURE OF CAMBODIA’S COUNTRYSIDE to recover from decades of war, silk expert Kikuo Morimoto left his job in Thailand in the 1990s to set up silk fabrication workshops in the hinterlands of Cambodia. His goal was to help impoverished villagers resurrect traditional silk production. His vision has grown, and he is now replanting trees needed to produce silk, reviving traditional weaving and providing profitable work to hundreds of people making heritage-class textiles. The next step is the establishment of a “silk village” as a model to help revitalise rural Cambodia.

Imagine Peace is organized by

And supported by:
The Ministry of Foreign Affairs of Japan
Kids Earth Fund
Habitat for Humanity Japan
Kyoto International Cultural Asssociation, Inc.
The Consortium of Universities in Kyoto
United Nations Association Kyoto
Kyoto City

Registered with: Agency for Cultural Affairs
ENDS

Asahi: Hunger strike after rotten food in Immigration Gaijin Tank

mytest

Hi Blog. Here’s another reason you don’t want to be apprehended by the Japanese authorities–in this case Immigration. Bad food. No, I don’t mean humdrum food. Read on:

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

CATERPILLARS AND COCKROACHES:

FOREIGNERS LEAD HUNGER STRIKE IN IMMIGRATION DETENTION CENTER

Asahi Shinbun Oct 18, 2007

http://www.asahi.com/national/update/1018/OSK200710170103.html

Translated by Arudou Debito

Japanese original in previous blog entry.

OSAKA IBARAKI CITY–Forty foreigners being detained in the Ministry of Justice West Immigration Detention Center are claiming, “There have been instances of stuff being mixed in with the meals provided by the Center, such as caterpillars (kemushi). We cannot safely eat it”. The Asahi learned on October 17 that they carried out a hunger strike on both October 9 and 10. The Immigration Center has confirmed that there have been 30 instances from April of inedibles mixed in the food. It has formally demanded their cooks improve the cooking.

According to the Center, as of October 17, there are 240 foreigners being detained. They receive three meals a day, cooked on site by professionals and provided in detainees’ cells. However, the company contracted to provide these meals have since April have had materiel mixed in the food, such as hair, cockroaches, and mold.

Consequently, the Center has taken measures from September to sure there is no extraneous stuff in the food, but one detainee claims it happened again on October 8. The Center said that they had already cleared the food and refused to exchange it for more, so the next day from breakfast the detainees went on hunger strike. By breakfast October 10, an additional 30 people had joined the movement. After the Center told them it would thoroughly check the sanitation procedures of the meal preparers, the detainees called off their strike.

The Center said, “We have demanded the meal preparers clean up their act, and will keep a sharp eye on them from now on.”

ENDS

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

QUICK COMMENT: You know things have gotta be pretty antipathetic when even inmates have bad food (and food in Japanese prison, from what I’ve read, is apparently sparse but not all that unhealthy). But then again, this is not a prison. It’s a Gaijin Tank–where NJ are held indefinitely and not subject to the same standards (such as exercise, baths, time outside their cells, and–most importantly–a definite time limit to their incarceration) that people who have been formally sentenced to a Japanese prison will have.

Back to the food. Remember where we are: This being Japan, a land of foodies, it’s famous for being a place where it’s hard to get a truly bad meal. People are really fussy, and it shows in the marketplace. No professional in their right mind in the Japanese meal services lets quality slip.

It might be the effect of a captive market, literally, meaning no competition and no incentive for quality control.

Or it might be antipathy. Either this Detention Center’s meal preparers are completely shameless people, or they just don’t like foreigners and feel no compulsion to serve them properly.

Anyway, pretty stunning. Stop faffing about and fire the cooks already, Immigration. Debito in Sapporo

朝日:食事にゴキブリや毛虫 入管収容中の外国人がハンスト

mytest

食事にゴキブリや毛虫 入管収容中の外国人がハンスト
朝日新聞 2007年10月18日10時31分
http://www.asahi.com/national/update/1018/OSK200710170103.html

 法務省西日本入国管理センター(大阪府茨木市)に収容中の外国人約40人が「支給される食事に毛虫などの異物がたびたび混入し、安心して食べることができない」として、今月9、10両日にハンガーストライキをしていたことが17日、わかった。同センターは今年4月以降、約30件の異物混入を確認。施設内で食事を調理する業者に改善を申し入れた。

 同センターによると、17日時点の収容者は約240人。1日3回の食事は、給食業者が施設内で調理して各居室に配膳(はいぜん)しているが、現在の業者と委託契約を結んだ4月以降、人の毛髪のほか、毛虫、ゴキブリ、カビなどの異物がたびたび混入した。

 このため、同センターは9月以降、収容者が食事に異物がないことを確認したうえで食べさせる措置を取ったが、8日にも収容者1人が混入を訴えた。センター側は「自分で調べたはずだ」として交換を拒否したため、同室の外国人ら数人が翌9日朝食からハンストを開始。翌10日の朝食には三十数人が加わったことから、センターは「業者に衛生管理を徹底させる」と収容者に伝え、ハンストは終わった。

 同センターは「業者へ強く改善を申し入れており、今後も注意する」としている。
ENDS

Globe and Mail (Canada) on “Japan’s Unfriendly Shores”

mytest

Hi Blog. I sometimes post pretty mediocre articles on Debito.org by journalists just going through the motions to file stories, without much attempt at bringing new information or angles to the surface. In contrast, here is an excellent one that could probably after a bit of beefing up be reprinted in an academic journal. Lots of good information here, have a read. I think the reporter followed quite a few of our leads. Arudou Debito in Sapporo

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

IMMIGRATION: JAPAN’S UNFRIENDLY SHORES
‘One culture, one race:’ Foreigners need not apply
Despite a shrinking population and a shortage of labour, Japan is not eager to accept immigrants or refugees

GEOFFREY YORK Globe and Mail (Canada) October 9, 2007
http://www.theglobeandmail.com/servlet/story/LAC.20071009.JAPAN09/TPStory/TPInternational/Africa/
Courtesy of Satoko Norimatsu

TOKYO — In the Turkish village of his birth, Deniz Dogan endured years of discrimination and harassment by police who jailed him twice for his political activities on behalf of the Alevi religious minority. So he decided to escape to a country that seemed peaceful and tolerant: Japan.

Seven years later, he says he has found less freedom in Japan than in the country he fled. For a time, he had to work illegally to put food on his table. Police stop him to check his documents almost every day. He has suffered deportation threats, interrogations and almost 20 months in detention. In despair, he even considered suicide.

His brother and his family, who fought even longer for the right to live in Japan, finally gave up and applied for refugee status in Canada, where they were quickly accepted.

“We had an image of Japan as a very peaceful and democratic country,” Mr. Dogan said.

“It was very shocking to realize that we had less freedom in Japan than in Turkey. We did nothing wrong, except to try to get into this country, yet we were treated as criminals. We felt like insects.”

Despite its wealth and democracy, Japan has one of the world’s most intolerant regimes for refugees and immigrants. And despite its labour shortages and declining population, the government still shows little interest in allowing more foreigners in.

From 1982 to 2004, Japan accepted only 313 refugees, less than 10 per cent of those who applied. Even after its rules were slightly liberalized in 2004, it allowed only 46 refugees in the following year. Last year it accepted only 34 of the 954 applicants.

Those numbers are tiny in comparison with Canada, which accepted more than 42,000 refugees last year, despite having a much smaller population than Japan.

But they are also tiny in comparison to European countries such as France and Italy. On a per capita basis, Japan’s rate of accepting refugees is 139th in the world, according to the United Nations.

Japan’s attitude toward immigrants is equally unwelcoming. It has one of the industrialized world’s lowest rates of accepting immigrants. Only about 1 per cent of its population is foreign-born, compared with 19 per cent in Canada and 9 per cent in Britain.

Yet paradoxically, Japan is in greater need of immigrants than most other nations. Because of a sharp drop in its birth rate, its population is on the verge of a decline unprecedented for any nation in peacetime. The latest projections have the number of its citizens – 127 million – plunging to just 95 million by 2050.

At the same time, the population is rapidly aging. By mid-century, about 40 per cent will be over 65, leaving a relatively small labour force to support the country.

Demographic decline has emerged as one of Japan’s most hotly debated and angst-ridden issues. Yet the obvious solution – allowing in a substantial number of immigrants – is rarely considered. The tight restrictions on foreigners have remained in place. Robots, rather than immigrants, are seen as the potential solution to labour shortages. One government panel has recommended that foreigners should never comprise more than 3 per cent of the population.

Much of Japan’s hostility to immigrants and refugees is the result of prejudice against foreigners, who are widely blamed for most of the crime in the country. Ignorance is widespread. In one survey, more than 90 per cent of Japanese said they don’t have any regular contact with foreigners, and more than 40 per cent said they rarely even see any.

Politicians are reluctant to allow any challenge to Japan’s racial homogeneity. Their beliefs are typified by a top leader of the ruling party, former foreign minister Taro Aso, who described Japan as “one culture, one race.” The government has refused to pass laws against racial discrimination, making Japan one of the few industrialized countries where it is legal.

“We do not often see Japanese people praising the work of foreign residents and warmly welcoming them as friends and colleagues,” wrote Sakanaka Hidenori, former director of the Tokyo Immigration Bureau who retired after 35 years in Japan’s immigration system and now heads the Japan Immigration Policy Institute.

“The native Japanese have lived as a single ethnic group for nearly 1,000 years and it will be a difficult task for them to build friendly relationships with other ethnic groups,” he wrote in a recent book, Immigration Battle Diary.

These attitudes have shaped a system of tight restrictions against foreigners who try to enter Japan. One of the latest laws, for example, requires all foreigners to be fingerprinted when they enter the country. Japan’s rules on refugee claims are so demanding that it can take more than 10 years for a refugee to win a case, and even then the government sometimes refuses to obey the court rulings. Hundreds of applicants give up in frustration after years of fruitless effort.

Japan demands “an unusually high standard of proof” from asylum seekers, according to the most recent United Nations report. They are asked to give documentary evidence of their claims, including arrest warrants in their home country, which can be impossible to provide. They are often required to translate those documents into Japanese, which is costly and complicated. Then the documents are often rejected as invalid.

“It has been a very legalistic approach, showing no humanitarian sense to those who had to flee,” said Sadako Ogata, the former UN high commissioner for refugees, in a recent Japanese newspaper interview.

“From the perspective of Japanese officials, the fewer that come the better.”

While they struggle to prove their cases, asylum seekers are often interrogated by police and confined to detention centres, which are prisons in all but name. When not in detention, asylum seekers cannot legally work and are required to live on meagre allowances, barely enough for subsistence.

In one notorious case in 2005, Japan deported two Kurdish men after the UN refugee agency had recognized them as refugees. The UN agency protested the deportations, calling them a violation of Japan’s international obligations.

“We really hesitate to tell asylum seekers to apply to Japan,” said Eri Ishikawa, acting secretary-general of the Japan Association for Refugees.

“Work permits are not given to them, but they have to work to survive, so they work illegally.”

In one of the most bizarre twists in its refugee policy, Japan sometimes sends its officials on fact-finding missions in the home countries of the asylum seekers, accompanied by local police and army troops, even when the police and soldiers are the ones accused of the persecution.

“This is really shocking to us,” Ms. Ishikawa said. “It puts their families in danger.”

In the case of Deniz Dogan and his brother, for example, Japanese officials went to their family’s home in Turkey, accompanied by local police. The families felt frightened and intimidated. Then the family were repeatedly called to the police station for questioning after the visit. “It was an indignity and a violation of our human rights,” he said.

Mr. Dogan’s lawyer, Takeshi Ohashi, says the long process of applying for refugee status is like a “mental torment” for asylum seekers.

“The government is very negative about accepting refugees,” he said. “It’s worried that there will be social unrest and crime if it allows too many foreigners into Japan.”

Mr. Ohashi, a refugee specialist for the past 11 years, says the process is heavily influenced by Japan’s diplomatic objectives. Because it is seeking good relations with countries such as China and Turkey, for example, it almost never accepts any refugees from those countries, he said.

Hundreds of Kurdish people from Turkey have applied for refugee status in Japan in recent years, but not a single one has been accepted.

Consider the case of Kilil, a 35-year-old Kurdish activist, who fled from Turkey fearing for his life after he was repeatedly detained by police and soldiers in his hometown because of his political activism.

He arrived in Japan in 1997, stayed illegally for two years, and then applied for refugee status. His application was twice rejected and his third appeal is now before the courts. In the meantime, he was put into custody for eight months at a detention centre. To support himself, he now works illegally as a labourer, demolishing buildings and removing asbestos. It is dirty, dangerous work – and asylum seekers are among the few who are willing to do it.

He lives in constant fear of being arrested for working illegally. “It’s very stressful,” he said. “The worst is the uncertainty. It’s been 10 tough years here, without any result. I can’t even afford to go to a hospital if I get sick. Every day is like being in prison.”

In many ways, he regrets his decision to flee to Japan. “But I want to keep fighting to change the system here. I want to fight to the end.”

Deniz Dogan and his brother, who endured the same kind of conditions, became so frustrated by 2004 that they held a sit-in for 72 days at the Tokyo office of the UN refugee agency. When it failed to influence authorities, his brother made the decision to emigrate to Canada.

This summer, Deniz was finally given a one-year visa to live and work in Japan, but only because he had married a Japanese woman.

“My visa could be cancelled at any time,” he said. “I feel a lot of unease. But for the other refugees, it is even worse. We all have the same goal: freedom.”

*****

FIGHTING TO STAY

Win Soe, a political activist from Myanmar, knows from painful experience how difficult it can be to survive in Japan’s refugee system.

As one who took part in protests against Myanmar’s military junta before fleeing the country, he knows he would face persecution if he returned to his homeland. He has been seeking refugee status in Japan for four years, but the government has twice rejected his application.

Most asylum seekers end up working illegally to survive. But because he wants to abide by the rules, Win Soe is trying to live on the official monthly allowance, which amounts to $760.

Most of it is needed for rent, electricity, utilities and transportation costs, leaving him about $90 a month for food, barely enough for survival in this expensive country.

He can’t afford new clothes, shoes, or medicine for his hay fever. He eats only two meals a day and often goes hungry.

“Sometimes I can’t even afford rice,” he said. “I eat mostly bread, potatoes and bananas. I’m trying to abide by the law very carefully.”

He believes the meagre allowance is part of the government’s attempt to put pressure on refugees to give up their claims. “They want me to surrender. But I will never give up.”

Geoffrey York

*****

Japan’s closed doors

Despite its wealth and democracy, Japan slows little interest in allowing more foreigners to enter the country.

Percentage of foreign-born population within each country

Australia: 23 per cent

Canada: 19

New Zealand: 19

United States: 13

Germany: 13

Sweden: 12

France: 11

Belgium: 11

Britain: 9

Italy: 4

South Korea: 1

Japan: 1

SOURCES: UNITED NATIONS AND OECD DATA, 2004 and 2005

gyork@globeandmail.com

ENDS

 

Template protest letter to authorities re new gaijin fingerprint laws

mytest

FROM SCOTT WALLACE. ARUDOU DEBITO IN SAPPORO

“I know many have written comments about the new fingerprinting laws for all non-Japanese reentering Japan’s borders. So i had a Japanese friend draw up a letter of protest. Here it is in English and Japanese. For the cost of stamp and an envelope i think its well worth sending it. Even if nothing is done, it’s great for our health just to let them know and get it off our chests. Nothing ventured nothing gained right?

I have kept it to one A4 size so that it is read, points out politely why i think it the law should be removed or amended, and specifically makes a request. I don’t expect much but i do expect it to make me feel better. Feel free to amend it as you like.” Scott Wallace

SUGGESTIONS ON WHERE YOU CAN SEND THESE LETTERS HERE

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指紋押捺及び入国管理法について
“平成18年5月24日, 法律番号043.

前略 私達は最近可決された、日本での永住権を持ち、日本に居住し、労働し、日本に家族を持つ全ての外国人に対して写真及び 指紋押捺を義務付けるとする新しい法律に関して、非常に懸念しております。
 この法律は私達外国人を犯罪者としてみなし、私達の居住する地域だけでなく日本の家族や子供、同僚や友人から隔離するものであります。
 平等で公平な社会を供給するために、憲法に記載があるように政府は日本に居住する全てのものに対して平等に扱うことを保証せねばならないと確信いたします。
 私達は貴殿に、永住権を持ち日本に居住する者、または日本に家族を持つ者がこの法律の対象から免除されるように法改正にご助力及び提案頂けるよう、切に希望致します。法改正により、平和的かつ公正に私達が居住する地域との調和を生むものと確信し、貴殿に法改正への援助を賜れることを望みます。
 この件についてご質問等ございましたら、上記の住所へご遠慮なくお問い合わせ頂けます様お願い申し上げます。
 貴殿からのご回答をお待ち申し上げております。
 末筆ながら、貴殿のご健康と益々のご活躍を祈ります。草々
=====================================

Mr Suzuki

Your address

To the right honorable………

Reference finger printing and immigration law.

“Heisei 18.5.24, Law No. 043.

We are concerned at the recent passing of a new law by the government which forces all foreign permanent residents who live and work in Japan, or have a Japanese family to be photographed and finger printed。

This law stigmatizes us as criminals, separates us from our families, children, colleagues, and friends, as well as the Japanese community that we live in.

We believe that to provide an equal and fair society, the government should ensure that all people who live in Japan should be treated equally as written in our constitution.

We would kindly like you to support/propose a change in this law so that all people, who have permanent residence or have a Japanese family, are exempt from this law. This would bring us in line with other special permanent residents who have been granted an exemption from this law. We believe this will provide a harmonious, peaceful, and a fair society that we live in, and we hope you will support us by proposing such an amendment to the law.

If you wish to contact us please do not hesitate in contacting me at the above address.

We look forward to your reply.

Yours sincerely,

Jane/John Smith.

Wash Post on Brazilian Immigrants & Education in Japan

mytest

Hi Blog. Here’s an update in the Washington Post on the situation in Hamamatsu, Shizuoka, site of the Ana Bortz Lawsuit of 1998-99 (although mentioned below, now apparently fading into the folklore), and the Hamamatsu Sengen of 2001.

Decent rosy article, with some ideas on how the government tackled certain problems. Wish the reporter had also mentioned the Hamamatsu Sengen, and how the Hamamatsu city government has been spearheading efforts to make things more equitable throughout Japan for NJ. Much more important than repeating over and over again in the article how people can teach each other how to sort garbage. Ah well. Arudou Debito in Sapporo

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In Traditionally Insular Japan, A Rare Experiment in Diversity
School Fills a Gap for Immigrants Returning to Ancestral Homeland
By Lori Aratani
Washington Post Saturday, October 6, 2007; A12

Courtesy Mark Schreiber
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/05/AR2007100502186.html

HAMAMATSU, Japan — Five years ago, in this coastal city southwest of Tokyo, Mari Matsumoto sank her life savings into building a school for the children and grandchildren of immigrants coming to Japan. But at Mundo de AlegrXXa (World of Happiness), the students aren’t what one might expect: Children with Japanese faces and names like Haruo and Tomiko dart around the two-story building chattering in Spanish and Portuguese.

The school is the result of an unusual social experiment. Faced with labor shortages, the Japanese government opened the doors in 1990 to allow immigrants to come to the country — so long as they were of Japanese descent. Government officials thought they would blend into the country’s notoriously insular society more easily than people from other ethnic backgrounds.

But many found they didn’t quite fit. Their names and faces were Japanese, but they didn’t speak the language. They didn’t understand local customs, such as the country’s stringent system for sorting garbage into multicolored containers. In cities such as Hamamatsu, where many settled, government officials and Japanese neighbors didn’t know what to make of newcomers who seemed familiar but foreign at the same time.

Despite the frictions here and in other communities, pressure is building in Japan to take in more immigrants, forcing the country to reconsider its traditional bias against outsiders. Its population is aging and shrinking. Analysts say Japan must find new sources of labor if it is to preserve its economic power and support its retirees.

Hamamatsu was a natural magnet for the newcomers because its many factories offered entry-level employment and required virtually no language skills. Officials here like to brag that their community became the most “international” of Japan’s cities. About 30,000 of its residents, or 4 percent, are foreign-born. That’s almost twice the proportion of foreign-born residents in Japan as a whole. (About 13 percent of the U.S. population is foreign-born.) Most newcomers are from Brazil and Peru. They are offspring of Japanese who immigrated to South America in the early 1900s to work in coffee fields and take other jobs.

The new arrivals here brought Latin culture with them. In Hamamatsu’s downtown, billboards in Portuguese advertise cellphones and air conditioners. In a popular market, Brazilians who long for a taste of home can buy a platter of bolinho de queijo — cheese croquettes — fresh from the fryer or rent DVDs of popular Brazilian shows.

Other parts of the city have Brazilian and Peruvian churches. One enterprising woman has built a small catering business making box lunches for homesick Peruvians.

But even as officials here tout their international credentials, they struggle to manage the diversity. That’s where Matsumoto, her life savings and the school come in.

For years, Matsumoto, a Japanese who learned Spanish and Portuguese in college, worked for Suzuki Motor, where she trained foreign workers from South America.

She soon grew alarmed by the number of immigrant children who were dropping out of Japanese public schools. Because many didn’t understand Japanese, they were falling behind in their studies. Others were bullied because they didn’t look Japanese (some of them are biracial, having Latin parents). Even though some schools hired aides to help the children, many were left to flounder, she said.

The parents urged Matsumoto to open a school for their children. Unable to get funding from government or school officials, she sank her savings into the enterprise. She began recruiting teachers willing to work for very little pay.

One recent day, as she watched her spirited charges dash around the makeshift classrooms in an office building on the city’s south side, Matsumoto said she wouldn’t have had to do this if the government had made an adequate effort to accommodate immigrant children. “That’s the root of the problem,” she said.

Problems in schools were just one sign the newcomers weren’t going to simply “blend in.” Those who lacked health insurance began turning up in local emergency rooms when they got sick. Since many depended on employers for housing, they ended up homeless if they lost their jobs.

Hidehiro Imanaka, director of Hamamatsu’s International Affairs Division, shook his head recalling angry citizens who would call city hall to tattle on foreign-born neighbors who didn’t sort the garbage properly or parked in the wrong places.

Some newcomers threw all-day barbecues with large crowds and loud music — just as they had back home. Their Japanese neighbors were horrified. At one point, tensions were so high that some merchants banned certain groups from their stores, until a lawsuit prompted them to stop.

But many immigrants say the struggle is worth it.

Roberto Yamashiro, who came to Japan from Peru when he was 15, said the adjustment was difficult. He didn’t know the language and didn’t like the food. He worked in a factory that made ice chests for several years. Now 24, he is one of a handful of immigrant students at Hamamatsu University. “I like it here a lot,” he said. “There is much more opportunity if you work hard.”

Officials in Hamamatsu say they never expected the outsiders to live in Japan for more than a few years. But now they realize they’re here to stay and must be helped along.

At city hall, officials have moved the foreign registration desk to a prominent spot on the first floor. Signs and forms are printed in Portuguese, Spanish, Japanese and English. The International Affairs Division, which used to focus on foreign exchange programs, now concentrates on the needs of the immigrant community. In an attempt to quell disputes over garbage, instructions on how to sort it are now available in four languages.

But the broader question of Japan’s traditional reluctance to accept outsiders remains.

Eunice Ishikawa, who was born in Brazil, teaches cultural policy and management in the Department of International Culture at Shizuoka University of Art and Culture in Hamamatsu. She said that when people learn where she was born, they can’t believe she’s a college professor.

For many of the immigrants from South America, “it’s almost impossible to assimilate because people have such negative images” of outsiders, she said. Sometimes her husband, a Japanese American who was born in San Diego, complains that people look down on him because they see him as an American.

Ishikawa said the Japanese may have no choice but to learn to live with outsiders, because their numbers are growing, not only in Hamamatsu, but in the country as a whole.

In 1990, about 1 million registered foreign residents lived in Japan; by 2004, that figure had nearly doubled, to just below 2 million. Most say the actual numbers are probably higher because not all foreigners register.

The pressure to let in more immigrants is building. Population experts project that by 2050, Japan’s population, about 128 million in 2005, will shrink to 95 million, about 40 percent of whom will be 65 or older. By some estimates, Japan will lose more than 4 million workers.

“With the age of globalization, these borders are going to open up,” said Fariborz Ghadar, director of the Center for Global Business Studies at Pennsylvania State University. “Unless they don’t want to see their economy grow as rapidly, they’re going to have to do something about it.”

Recently, the country struck an agreement with the Philippines to bring in qualified nurses and certified care workers. “In the near future, Japan must make a decision to receive immigrants into this country,” said Kazuaki Tezuka, professor of labor and social law at the University of Chiba, who has studied immigration policy around the world.

Joao Toshiei Masuko, a Brazilian immigrant of Japanese ancestry who opened the first Brazilian Japanese restaurant in Hamamatsu and then expanded his business to include a bakery and supermarket, predicted that immigrants will be accepted.

As he strolled through the aisle of his shiny new supermarket next to the downtown branch of Japan’s Entetsu department store, he noted that his customers are both Japanese and non-Japanese. Pointing to aisles that stock U.S., Peruvian and Brazilian products, he said his market — decorated in green and yellow, the colors on the Brazilian flag — has an “international flair” that he’s certain will translate in his adopted country.

“I opened my market to sell to Brazilians,” he said. “But now everyone comes.”
////////////////////////////////////////////////////////////////////////
ENDS

Chosun Ilbo: Korean sues for apartment refusal, wins in Kyoto Court

mytest

Hi Blog. Got enough stuff backlogged recently to have two updates per day. Here’s a quick one, which didn’t appear in the Japanese media in English or Japanese, according to Google News. Thanks to the Korean press for covering it. Good news:

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Korean Woman Wins Discrimination Damages in Japan
Chosun Ilbo, South Korea, October 5, 2007

http://english.chosun.com/w21data/html/news/200710/200710050017.html
Courtesy of Neil Marks

A Kyoto court ruled partially in favor of a Korean woman who sued a Japanese landlord for refusing to rent a room to her. A Kyoto district court ruled that refusing to rent a room to a person due to her nationality is illegal and ordered the landlord to pay the woman W8.65 million (US$1=W916) [about 110 man en, pretty much the average award in these lawsuits] in compensation.

Courts have taken a dim view of refusal to let rooms to foreigners since an Osaka court in 1993 ruled this went against the constitutional stipulation of equality before the law. But in reality, Japanese homeowners often reject foreign tenants citing differences in the lifestyle and customs. Counsel for the plaintiff said the ruling was a “head-on attack on discrimination based on nationality” and predicted it would help eradicate unfair discrimination against foreigners.

The woman signed a contract to rent a room through a real estate agency in January 2005. But after she paid the deposit to the landlord and commissions to the realtor, the landlord changed his mind since she was a foreigner.

(englishnews@chosun.com )
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Moral: Get refused for being a foreigner, sue. It’ll only take you a year or two and you had better have signed a contract.

Next step necessary in the precedent ladder: winning in court for getting refused a room for being a foreigner, before a contract was even signed. Any takers? No doubt there are plenty of readers out there who have experience…

Arudou Debito in Sapporo

Shuukan Kinyobi/J Times: Vietnamese worker lawsuit against JITCO & Toyota-related company

mytest

Hi Blog. Another lawsuit against an employer for bad work practices. This time around, however, the plaintiffs are NJ. Let’s hope their efforts both make the labor laws more clearly enforceable, and highlight more of the problems created by treating NJ laborers as inferior. Thanks to Shuukan Kin’youbi and people at the Japan Times for bringing this to the fore. Arudou Debito in Sapporo

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EXPLOITING VIETNAMESE
Apocalypse now
Japan Times Sunday, April 29, 2007
By MARK SCHREIBER
Shukan Kinyobi (April 20)

http://search.japantimes.co.jp/cgi-bin/fd20070429t2.html
Courtesy of Steve Silver

For 22-year-old Thi Kim Lien, Japan was the shining city on the hill, glistening with the promise of a better life for her family of 10 in Ho Chi Minh City. Buoyed by such hopes, she arrived in Japan in 2004.

On March 27, Shukan Kinyobi reports, Lien and five of her Vietnamese compatriots filed charges in the Nagoya District Court against the Japan International Training Cooperation Organization (JITCO) and TMC, a Toyoda City-based, vehicle manufacturer that produced components on a subcontractor basis to Toyota Motor Corporation. The six demanded unpaid wages and financial compensation of some 70 million yen.

JITCO arranged to place the six as “trainees” (and later “interns”) at TMC. Their tasks involved stitching the covers onto armrests for use in vehicles produced by nearby Toyota Motor Corporation.

After having their personal seals, bank deposit books and passports taken away for “safekeeping,” the trainees were put to work at a monthly salary of 58,000 yen. They received a paltry 100 yen per hour for additional overtime work.

The six plaintiffs allege that their “training” frequently involved verbal harassment by supervisory staff. Any complaints were met with the threat of deportation, and mistakes on the job brought curses like, “You people aren’t humans, you’re animals.”

The greatest indignity, though, was that the employer posted a table outlining how many times and for how long its workers were permitted to utilize the toilets during work hours, and enforced the rule strictly. For each minute in the toilet in excess of the allotted times, they were docked 15 yen.

Besides being fined for responding to the call of nature, the six women also allege they underwent sexual harassment. One of the bosses, they claim, would “visit” their dormitory rooms at night and even slip into their futons, where he offered certain financial incentives in exchange for sexual favors.

Language training drills heaped further humiliation upon them, as they were encouraged to hone their Japanese pronunciation with such tongue twisters as “When nipples are large, the breasts are small. When the nipples are small, the breasts are large.”

“We really wanted to go back to Vietnam,” Lien says. “But we couldn’t.” It seems the trainees had posted a bond of $ 8,800 — the equivalent of six or more years of earnings in Vietnam — before leaving. Their families had borrowed to scrape together the money, which would be forfeited if they failed to fulfill their contractual obligations.

Truly, opines Shukan Kinyobi, this is a form of modern-day slavery that enables Japan to “abduct” Vietnamese.

According to TMC’s chairman Masaru Morihei, an organization called the Toyoda Technical Exchange Cooperative, comprised of 20 businesses, promoted the hiring of Vietnamese.

“We were told we could obtain low-cost labor that would address the problem of worker shortages,” he explains. “From the standpoint of a subcontractor factory at the bottom of the cost structure there was no reason for us to reject low-cost labor.”

Other firms in the area that employ Vietnamese trainees were reluctant to discuss the ongoing lawsuit. But one remarked off the record, “The only way for small subcontractors like us to survive is to hold the line on the cost of manufacturing by reducing labor costs.”

So what it comes down to is that the foreign workers who are helping to support a trillion-yen industry get penalized for responding to the call of nature. If that isn’t disgusting, huffs Shukan Kinyobi, what is?
ENDS

What to do about fingerprint law: letter of protest, Amnesty Int’l meeting Oct 27

mytest

WHAT TO DO ABOUT NEW NOV 20 FINGERPRINT LAW REVISION TARGETING ALL NJ BORDER CROSSERS
LETTER OF PROTEST YOU CAN USE
AND AMNESTY INT’L MEETING OCT 27 YOU CAN ATTEND

(UPDATE: OCT 9: Comments section below contains suggestions on where to send your complaints.)

(UPDATE: OCT 16: CLICK HERE FOR ANOTHER TEMPLATE PROTEST LETTER IN JAPANESE YOU CAN SEND TO AUTHORITIES.)

I’ve been getting quite a few inquiries as to what we can do about this from very frustrated people. Some want to march in protest, others want to lobby legislators, still others want to launch a lawsuit or just refuse to be fingerprinted.

Not to douse any fireworks (and I never like to tell anyone not to utilize a peaceful form of protest, even if it may not work in the Japanese system), but be advised of the obstacles you are facing:

1) LAUNCHING A LAWSUIT means a lot of time and energy (and often a considerable amount of money) you invest, and probably no way to stop this law from being promulgated in the first place. It’s been in the pipeline for years now, and at the risk of saying I told you so, I did, from at least 2005, so the “foregone conclusion” effect is very powerful by now. Moreover, I speak from experience when I say that the legislative and judicial processes in Japan are not going to interfere with one another (not the least due to the Separation of Powers mandate), at least not for the many years spent in civil court anyway.

Wanna try it? Go for it. I’ll hold your coat. But the simple argument you’re going to get back from any lawyer with a retiring personality (and no activist proclivity) is that you’re not going to be able to sue for discrimination–when many laws don’t treat citizens and non-citizens equally anyway; it’s like suing because you don’t have voting rights, and that definitely won’t wash in court.

2) CIVIL DISOBEDIENCE, i.e. refusing to comply with the law, is an option, but the GOJ has already out-thunk you there. When protests against fingerprinting happened before (mostly by Zainichis), they were possible because people were already inside Japan when they protested. Refuse to hand in your fingerprint? Fine, go home and have dinner and wait for the next scolding letter from the GOJ. You weren’t going to get kicked out of the country. This time around, however, you’re outside the country, so refuse to be fingerprinted and you won’t be let in; you can sit in the airport lobby or Gaijin Tank all year for all Immigration cares. Moreover, to save themselves a repeat Zainichi protest performance, the Zainichis were conveniently made exempt. Touche. Refuse to comply if you like, but be aware of the potential risks–and unless enough of you do it and fill up the Gaijin Tanks they’re not going to notice.

You can, of course, in a similar vein make your complaints known and loud via you or your spouse and family by all lining up in the same Gaijin Line together, and grumbling when it’s your turn that you are not a tourist and should be treated like a resident of Japan like any other.

3) LOBBYING LEGISLATORS sounds interesting, but it’s extremely labor intensive, and legislators in my experience are not as accessible as they are, say, in the US Congressional lobbying experience I have had. Again, go for it if you want. They have email addresses and phone numbers. Just remember that unless you are an entrenched interest, Japanese Diet Members will generally be nonplussed about what you’re doing in their office; they don’t usually even pretend to listen to the commoners unless it’s election time.

4) A PUBLIC MARCH is also viable, and you might be able to get something going by attending the Amnesty International/SMJ meeting in Tokyo Oct 27. Attend if only to salve your angst that you feel alone in this issue–because you’re definitely not, but it sure is difficult to get the NJ community mobilized around much.

Anyway, first, the details of the Oct 27 Amnesty/SMJ Tokyo Meeting are blogged here.

Next, if you want to raise awareness of the issue, I have some letters below which Martin Issott has kindly said I can include to inspire us. He’s sent these out to various agencies, particularly the tourist-based ones, and I suggest you adapt them to your purposes and do the same.

Anyone have time on their hands (I don’t right now), please translate into Japanese for the public good and I’ll put it up here.

But don’t do nothing about it if this bothers you–otherwise the aggravation will build up inside you and fossilize into resentment. Arudou Debito in Sapporo

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RE: JAPAN’S AMENDED IMMIGRATION LAW

——————————-

Dear Sir or Madam,

I am a 20 plus year resident of Kobe, and I am taking the liberty of writing to you to describe what I regard as the grossly unfair manner in which Japan’s Ministry of Justice intends to implement amendments to the Immigration Law, which come into effect from 23rd November this year.

I am hoping that you will be able to support the case that I describe, and will use your good offices in the UK to publicise this situation to all of your Japanese national members, in the hope that together their and your influence may be able to affect change to MOJ’s plans.

As you may already be aware, the amended Immigration Law requires that all foreigners, be they visitors, residents, or permanent residents, must submit fingerprints and photographs on each and every entry, or re-entry, to the country.

However the law also stipulates for those resident foreigners who have pre-registered their bio-metric data with the authorities, they may use what is termed an Automated gate system to facilitate their immigration procedure.

Since 23rd August I have on several occasions requested the Kobe Immigration Office to allow myself and my wife to provide the required bio-metric data.

At no time have I received an actual response to this request, but have been told, initially, only that the automated gate system would be established at Narita Airport by 23rd November.

Subsequent follow up finally resulted in a letter from the Kobe Immigration authorities dated 21st September clearly stating that the automated gate system is only to be established at Narita Airport, and there are no plans to establish this system at any of Japan’s other international airports.

As a Kobe resident, it is impractical for me to use Narita Airport, and thus as the situation stands at present I will be required to join the lengthy queues of arriving foreigners to provide my fingerprints and photograph each time I reenter the country.

It is a classic Catch-22 situation!

I regard it as grossly unfair to all resident foreigners residing outside of the immediate Tokyo area that the automated gate system is not to be established at all Japan’s International Airports.

Even more galling is the fact that at all international airports special immigration channels, effectively automated gates have recently been established for non Japanese APEC business travel card holders.

The final irony is that as a 20 year resident my fingerprints have long since been on file with Kobe City authorities, so I appealed to them to provide a copy of my data that I could submit to Kobe Immigration – they proudly proclaimed that they had long since destroyed such data!

I also applied to the local police, and was informed that the police never, ever, take the fingerprints of citizens in good standing!

Sir, this is really quite a ridiculous situation, but one which will very seriously inconvenience a great many resident businessmen, and in my case as an Area Director I need to enter and reenter Japan 2 or 3 times per month!

Finally I repeat whatever you are able to do to publicise this situation will be very much appreciated – noting that of course frustrated businessmen here will very soon be making loud appeals to the British Immigration authorities to treat resident Japanese businessmen in the UK in the same unfriendly manner which would be another retrograde step.

Yours sincerely,

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

RE: AMENDED IMMIGRATION LAW

Attention: The Director, Visit Japan Campaign [or whatever avenue you wish to pursue]

Dear Sir or Madam,

As I am sure you are well aware, the amended Immigration Law, contains a stipulation that an Automated gate system shall be established to facilitate the entry and re-entry to Japan of resident foreigners, however the Automated gate will only be established at Narita Airport by 23rd November this year, the date of the new law’s enforcement.

Kobe Immigration have confirmed to me by letter dated 21st September that there is no plan to establish the automated gate system at any other international airport in Japan.

You may claim that this has nothing to do with your organisation, but I believe very strongly that it has everything to do with your activities in your attempts to promote tourism to Japan.

When resident foreigners such as myself, with over 20 year residence in the city of Kobe, are as from 23rd November, on entry or re-entry to Japan treated as suspected criminals or terrorist despite our pleading with authorities to pre-register our bio-metric data in advance, I’m sure you can imagine that this does not give us a good impression about the quality of life living in Japan as a foreigner!

Therefore we will pass on these views and opinions to friends, relatives, and colleagues who might by considering to visit Japan with a strong warning to stay away!

There are still 2 months to go before implementation of the amended Immigration Law on 23rd November this year; I urgently request you to do your best to remonstrate with the Ministry of Justice about their unfair implementation of the new Immigration Law.

Sincerely yours,

================================
ends

(CLICK HERE FOR ANOTHER TEMPLATE PROTEST LETTER IN JAPANESE YOU CAN SEND TO AUTHORITIES.)

Speech Monday Oct 8 at Osaka Univ Suita Campus

mytest

Hello Blog. Sorry to leave this so late, but I will be briefly speaking both for ten minutes and as part of a panel (English and Japanese) at Osaka University’s Suita Campus, Osaka University Convention Center (Osaka-fu Suita-shi Yamadaoka 1-2), from 9:30AM to 11AM.

Panel will be on “Non-Japanese Residents and their Health Treatment–What’s Necessary in this Era of Multicultural Co-Existence”, chaired by Professor Setsuko Lee of Nagasaki’s Seibold University, Director of the Japan Global Health Research Center., and will also offer opinions of three other speakers.

Sponsored by the 22nd Annual Meeting for the Japan Association for International Health
http://volunteer.hus.osaka-u.ac.jp/jaih2007/

学術集会の情報
第22回日本国際保健医療学会
メインテーマ: いのちと健康の豊かさへの挑戦
とき: 2007年10月7日(日) – 8日(祝)
場所:大阪大学コンベンションセンター (吹田キャンパス)
8日の午前9時30分11時まで
私は「在日外国人の保健医療—多文化共生時代に求められるもの」でパネリストとして努める。
主催:大阪大学大学院人間科学研究科(中村安秀)
〒565-0871 大阪府吹田市山田丘1-2
FAX:06-6879-8064 
Email: jaih2007@hus.osaka-u.ac.jp
http://volunteer.hus.osaka-u.ac.jp/jaih2007/
ENDS

J Times debate on reinstating fingerprinting for NJ

mytest

Hi Blog. Sorry to have missed this debate on reinstating fingerprinting for NJ only in the Japan Times Community Page last June. Since cyberspace is quite incandescent with outrage at the moment over the November revisions to the laws, here are the pros and cons by two friends of mine, Scott and Matt. Which do you find more convincing?

More on the issue on Debito.org here, and Amnesty International/SMJ’s October 27 Tokyo Forum on it here. Comment from me and links to referential articles below the articles…

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Japan Times Community Page Tuesday, June 6, 2006
THE ZEIT GIST
Should Japan fingerprint foreigners?
Two views of a pressing issue

PRO ARGUMENT
By SCOTT T. HARDS
Immigration’s new system will make us safer

http://search.japantimes.co.jp/cgi-bin/fl20060606z2.html

Over the protests of human-rights activists and groups like the Japan Federation of Bar Associations, Japan recently amended its Immigration Control Law to require that all foreigners (except “special” permanent residents) be photographed and fingerprinted when entering the country beginning November 2007. The plan mimics the “U.S.-Visit” program in the United States, which has been in place since late 2003.

The most vigorous arguments against the plan attack its use of fingerprints.

Even Nichibenren suggests that if the plan must be adopted, it should drop fingerprinting. Why? Because in Japan, public authorities’ only use of fingerprints is in criminal investigations, they say, and therefore it violates one’s dignity.

Indeed, all criminals are fingerprinted, but that doesn’t mean all people fingerprinted are criminals. The “green cards” of permanent resident foreigners in the U.S. have shown their fingerprint for decades. People in high-security or sensitive jobs are fingerprinted, too.

Some countries require fingerprints for passports now, and many more are proposing such a measure. Fingerprints are being used for biometric ID on ATMs and even cell phones for online transactions.

Clearly their role has evolved far beyond just crime investigations. And as their use continues to diversify, public feelings are likely to evolve toward a neutral view, too.

Fingerprints are just one form of biometric identification. Ironically, they are not even the most widely-used form, even in law enforcement. That throne belongs to photographs, which are in many ways much more “personal” data than fingerprints.

Yet you don’t hear anyone complaining that being photographed is “degrading” or “makes them feel like a criminal.”

In the end, when public safety is at stake, worrying about hurting people’s feelings is just not good policy. Airline security, for example, with its body pat-downs and shoe removal almost seems designed to violate one’s dignity. It’s unpleasant, yes, but necessary.

Other criticism of the program has focused on suggestions that it won’t be effective in preventing terrorists from entering Japan, that it will be too costly, and that it violates the “dignity” of travelers. But are these convincing arguments for abandoning the plan at a time when the risks from terrorism are clear?

For starters, critics of Japan’s plan suggest it simply won’t work. After all, they point out, the 9/11 terrorists were in the U.S. legally. While true, keep in mind they traveled extensively around the world before coming to the U.S. Had such a program been in place years before, it may have stopped them.

Another hole seems to be the program’s inability to stop a terrorist who lacks a criminal record, since it relies on database lookups to identify people. That, too, is true, but no one is suggesting that this program will perfectly prevent all terror.

That’s impossible, especially when the terrorist is willing to sacrifice their own life. Still, even if an attack is carried out, the data provided by a program like this can be valuable after-the-fact in tracking down the organizations responsible, and thereby preventing future incidents.

What’s more, terrorists aren’t the only ones that may be snared. According to the U.S. Department of Homeland Security (USDHS), since January 2004, over 1,000 visa violators and other criminals have been arrested through the U.S.-Visit program. And keeping people like that out is in the public’s interest.

For fiscal 2007, the U.S.-Visit program will spend roughly $ 400 million. Developing the program cost another $ 1.5 billion. Japan — which has far fewer ports of entry and international visitors than the U.S. — could probably get by on a third to a quarter of that amount.

Is it worth it? The direct costs from 9/11 in property destruction and rescue efforts have been estimated at a whopping $ 27 billion. Medium-term, the impact on the U.S. economy due to drops in travel and tourism, increased insurance premiums and other effects is said to have been about $ 500 billion. And of course, the “cost” of the thousands of lives lost can never be measured.

Indeed, 9/11 was an exceptional case. But given that U.S.-Visit’s budget is less than 1 percent of the total outlays of the USDHS, it doesn’t seem like an unreasonable expenditure in light of its antiterrorism goal.

A government’s primary responsibility is to protect its citizens. Fingerprinting all foreign travelers will help do just that by creating a database that will help keep terrorists and criminals out of the country.

What’s more, shared with law enforcement agencies globally, it can be a powerful tool to help reduce the very real threat posed by international terrorism.
ENDS
///////////////////////////////////////////////////

CON ARGUMENT
By MATT DIOGUARDI
Fingerprinting puts foreign residents at risk

http://search.japantimes.co.jp/cgi-bin/fl20060606z2.html
Courtesy Matt Dioguardi’s blog at
http://japan.shadowofiris.com/politics/foreigners-are-suspected-criminals/

Imagine you live in a small town. Every time a crime is committed the police come to your door and escort you to the police station, take your fingerprints, and compare them to those found at the crime scene.

As you are the only person so regularly singled out, you ask, “Hey, why always me?” The answer is, “if you’re innocent, why worry about it?”

Eventually after your visits to the police station become almost daily, you plead with the officers to leave you alone. One of them has a revelation: “Hey, instead of destroying your fingerprints each time, let’s make a permanent record! Then, every time there’s a crime we’ll use that?”

Problem solved? Of course not. Having had enough, you spit in outrage, “why me? Why is it always my fingerprints and not anyone else’s you compare to those found at crime scenes?” One officer smiles sheepishly and explains, “it’s because you’re a foreigner.”

Sound unrealistic? Unfortunately, it’s not. It’s a reality. It’s already happened in the U.S., and it will soon be happening here.

Do you wish to enter Japan? Then you are suspect. Before you can enter you must turn over your fingerprints and allow them to be cross checked against an international list of criminals and terrorists. And that’s just the beginning.

The prints will remain on record for 70 years. According to the new procedures, if requested, the Justice Ministry will turn over the data to the police and other government agencies.

What’s that mean? It means like our fictional character in the beginning of this story, that for any crime committed in Japan, there is a high probability that you will be treated as a de facto suspect.

While no citizens will have to submit fingerprints by default, yours will already be there. And you’d better believe you are a de facto suspect in each case. It’ll be as easy as pushing a few buttons on a computer.

Is it fair for a foreigner to be a de facto suspect in potentially any crime in Japan where fingerprints are lifted? No.

The Japan Federation of Bar Associates has come out strongly against this measure. (See: http://www.nichibenren.or.jp/ja/publication/booklet/data/nyukanhou_qa.pdf)

Among the many useful arguments they make, they point out that the measure might well stigmatize foreigners as somehow being more inherently capable of crime than Japanese.

They also note that it is clearly unconstitutional under Article 13. And yes, the constitution does apply to people seeking entry into Japan. They may not be citizens, but they are people.

Ultimately, this policy puts foreigners at unfair risk. I typed in the phrase “how to fake fingerprints” on Google recently and got back over half a million hits. I checked the first 60, which told you how to do just that.

You leave your fingerprints everywhere you go. You leave them on trains, on vending machines, any place you lay your hands. Foreigners will have to take this in stride as they become de facto suspects in almost every crime committed.

There are respected scholars, former police officers, and journalists now questioning the entire science of fingerprinting. And whose to say how long it takes before collected prints are leaked through Winnie?

Putting all this aside, guess what? This policy just won’t work. Does anyone really believe that all terrorists are foreigners? The Tokyo subway sarin attack comes to mind (6000 injured, 12 dead), so does the bombings of Mitsubishi Heavy Industries in Tokyo in 1974 (20 injured, 8 dead) and the Hokkaido Prefectural Government office in Sapporo in 1976 (80 injured, 2 dead). The obvious prejudice here is palpable.

Lest anyone forget, most of the 9/11 terrorists entered America legally. Terrorists often have clean records and are not on watch lists.

So if not terrorists, who is on the watch lists? Well as the Justice Ministry will rely on an international list, in many cases they have no way of knowing.

There have already been credible reports of activists in America being detained because their names turned up on terrorists watch lists (simply a mistake?).

Recently some British citizens were outraged when they found that their names had been put into a criminal database (more mistakes?).

Terrorists with clean records will be able to enter, ordinary people will be hindered and face rights abuses.

If none of this is enough, has anyone stopped to even fathom the cost involved here?

So what you have here is a ineffective policy that clearly discriminates against foreigners and costs a bundle of cash.

In short, the worst of all worlds.
ENDS
//////////////////////////////////////////////////

COMMENT FROM ARUDOU DEBITO

The biggest problem I see with this new copycat biometric system (aside from the fact that it’s not even being instituted nationwide–only at Narita, which means elsewhere everyone foreign goes through the Gaijin Line regardless of whether or not they are actually a resident of Japan) was not really alluded to in Scott’s argument–that if you really want to take care of terrorists, you fingerprint everybody. After all, if you’ve done nothing wrong, you’ve got nothing to fear, even if you’re Japanese, right?

I’ve said this before, but there is no reason to target NJ only like this, except for the fact that you can. Given the cultural disfavor with fingerprinting in Japan (essentially, only criminals or suspected criminals get systematically fingerprinted in Japan–this association is one of the reasons why the Zainichi generational foreigners successfully protested for decades to get it abolished in the 1990’s), if you included Japanese in the fingerprinting there would be outrage, and the policy would fail. Look what happened when they tried to institute the Juki Net universal ID card system earlier this decade (it was even ruled unconstitutional in 2006).

I been watching this come down the pipeline for years now, and have of course been writing about it. See the roots of this policy and what sorts of discriminatory logic it is founded upon (i.e. clear and systematic racial profiling, both in essence, and in an enforcement which bends existing laws) in a 2006 Mainichi article and a 2005 Japan Times column. Arudou Debito in Sapporo

THE ZEIT GIST
Here comes the fear
Antiterrorist law creates legal conundrums for foreign residents
By Arudou Debito, Japan Times, May 24, 2005

Japan to fingerprint foreigners under proposed immigration bill
Mainichi Shinbun, February 8, 2006

Both at
https://www.debito.org/japantimes052405.html
ENDS

Japan Today/Kyodo: Japan remains haven for parental abductors

mytest

Hi Blog. Another article cataloging the nastiness that occurs when Japan will neither allow joint custody of children after divorce (meaning one parent usually just disappears from a child’s life), nor sign the Hague Convention on Child Abductions (which in international marriages encourages Japanese to abscond with their kids back to Japan, never to return). More on this phenomenon at the Children’s Rights Network Japan site at http://www.crnjapan.com

I’m personally interested in this issue, as I too have not seen one of my children since Summer 2004, and am involved in the production of a movie talking about the Murray Wood Case. More on that in a future blog entry when the directors are good and ready for publicity.

The article below, by the way, disappeared from the Japan Today archives not three days after it appeared, oddly enough. I managed to retrieve it through a search engine cache. This is why I blog whole articles on Debito.org–to make sure information doesn’t just disappear. Enjoy. Arudou Debito in Sapporo

////////////////////////////////////////////////////////
Japan remains haven for parental abductors
September 25, 2007, Japan Today/Kyodo News
By Alison Brady

Courtesy http://www.japantoday.com/jp/feature/1287

LOS ANGELES — More than a year has passed since Melissa Braden was abducted to Japan by her mother, Ryoko Uchiyama. Brokenhearted and fearful, her father, Los Angeles resident Patrick Braden, prays for the day when he will see his daughter again.

Unlike in many cases of abducted children, there is little mystery about Melissa’s location. Braden is nearly 100% certain of his daughter’s whereabouts in Japan. But there is nothing he or the U.S. government can do to get her back.

On March 8, 2006, after months of custody proceedings, Los Angeles Superior Court Commissioner Gretchen Taylor ordered that Melissa’s passport, which Uchiyama had obtained, be turned over to Braden to prevent Uchiyama from fleeing with the child.

For the next eight days, Braden’s attorney fought Uchiyama’s to recover the passport, but to no avail. On March 16, they were gone.

The FBI issued an arrest warrant for Uchiyama within days of her departure. The FBI said she had committed a federal offense by fleeing the country to avoid prosecution.

But once on Japanese soil, Uchiyama was out of reach of U.S. law enforcement agencies. What is more, an injunction filed within hours of her arrival in Japan prevents Braden from following his former girlfriend to locate and negotiate the return of his daughter.

Experts identify several factors in Japan that have created a haven for parents who kidnap. First, Japan is not party to the Hague Convention on the Civil Aspects of International Child Abduction, a civil legal mechanism to deter parents from abducting their children to other countries.

More than 75 countries worldwide have [e]ffected the treaty, thereby agreeing to return any child abducted from his or her country of habitual residence to a party country in violation of the left-behind parent’s custodial rights, according to the U.S. Department of State website.

Another factor is that parental kidnapping is not considered a crime under Japanese law and Japan refuses to extradite parents who have kidnapped their own children and face arrest in other countries.

Japanese Ministry of Health, Labor and Welfare statistics show that since 1976, the time of the Hague treaty’s inception, the rate of marriage between Japanese nationals and foreign spouses has increased more than 800%.

As a result of the increasing number of international marriages, more than 21,000 children are born each year in Japan to couples of mixed Japanese and non-Japanese descent. Add to that the number of children born to Japanese who live abroad and are married to a non-Japanese.

What becomes of these bi-national children when the parents separate or divorce?

Cases like Melissa Braden’s are not uncommon. If the breakup occurs in Japan with custody proceedings taken to Japanese family court, foreign parents must battle what critics call a one-sided and often discriminatory system that almost never awards foreign parents custody of their children.

“An American parent in Japan may not be awarded any visitation rights at all in a divorce action,” explains a U.S. government official at the U.S. Embassy in Tokyo.

Even if custody is awarded to a foreign parent in Japan, there is little means of enforcing such a court order as Japanese police rarely get involved in family cases, says Colin Jones, a professor at Doshisha University Law School in Kyoto.

Walter Benda, 50, a publisher living in Virginia, spent more than a decade and $100,000 trying to gain visitation rights to his two daughters after his wife disappeared with them in 1995 from their home in Funabashi, Chiba Prefecture.

“I’ve tried every legal avenue available to me in Japan,” Benda told Kyodo News by phone. “I’ve gone to the Supreme Court with my case twice seeking visitation rights, partial custody rights, or any sort of way to see my children and I have not even had one scheduled visit with my children in all the legal efforts I’ve undertaken in Japan.”

“The police would not do anything,” Benda says, recalling the time his children first went missing. “They basically called my ex-in-laws, and the ex-in-laws said that they didn’t know anything but that they were sure the kids were okay. So, the police said that was good enough from them and they wouldn’t help me anymore beyond that except to say go see a lawyer.”

Benda went on to co-found a support group called the Children’s Rights Council of Japan, or CRCJ, to offer parents like himself a resource in the struggle to see their children again.

Issue ignored by Japanese government

CRCJ’s online group has over 90 members and in recent years the group has organized events in Washington and Tokyo aimed at increasing awareness about an issue the Japanese government has long ignored.

“No one is putting any pressure on the abducting parents right now,” Benda said. “They’re actually kind of being rewarded for their actions. Just by virtue of being born a Japanese citizen or by virtue of having abducted your children to Japan, you’re able to have 100% control of your children and deny contact to every other person…including the father and the extended family.”

There are no exact figures on how many children have been abducted to Japan. The National Center for Missing and Exploited Children reports 46 American children have been kidnapped to Japan since 1995. That number grows considerably when factoring in children of other countries and cases that were either dropped or never reported.

Furthermore, the U.S. government has no record of even a single case in which Japan has agreed to return an abducted child by legal means to the United States.

In an increasingly global society, bi-national children have the potential to be key allies between Japan and other nations. But Japan’s failure to sign the Hague treaty is creating a barrier to good relations.

“People like me, and especially my daughter, we’re the bridge between the two countries,” Braden says, “and that fact that Japan wants to make enemies of us is a very clear demonstration of their lack of foresight on this issue.”

Not everyone believes Japan’s signing the Hague treaty will rectify the child abduction issue.

In an article for the spring 2007 edition of the Whittier Journal of Child and Family Advocacy, Doshisha University’s Jones argues, “…it might even make the situation worse by removing a red flag to judges in foreign countries who might otherwise be inclined to disallow custody or visitation arrangements that involve travel to Japan.”

But that does not deter others from fighting for progress toward Japan signing the treaty. With a growing voice, people like Braden and Benda and the CRCJ have finally begun to be heard by U.S. politicians.

California Sen Dianne Feinstein wrote a letter to Japanese Ambassador Ryozo Kato in Washington in June 2007, imploring him to take action in returning Melissa Braden to her rightful home.

Governor of New Mexico and Democratic presidential candidate Bill Richardson wrote Secretary of State Condoleezza Rice in May of 2007, lamenting that “no progress has yet been made” on the Braden case, and urging her to “pursue this important issue with Japanese Prime Minister Shinzo Abe.”

Asked about Melissa’s case, Kazumi Yamada at the Japanese Foreign Ministry’s First North America Division in Tokyo told Kyodo News, “We are looking into the issue and attaching priority on the welfare of the child.”

“With regard to The Hague…we are still looking at the Convention to determine what our position will be,” she added.

The longer these children are kept from their non-Japanese mothers and fathers, the more likely their welfare is to be jeopardized.

Often fed lies about the left-behind parent and kept from school and regular socialization with other children because the abducting parent is afraid of being caught, children abducted by one of their own parents are likely to suffer deep developmental and emotional scars.

“It is very clear that the position that Japan takes is bad for the children. Bad for families. Bad for all people,” Braden says.

September 25, 2007, Japan Today/Kyodo News
ENDS

Mainichi: Pregnant NJ woman rejected by 5 hospitals 7 times, in 2006!

mytest

Hi Blog. Get a load of this. It’s happening, as anticipated. When the Otaru Onsens Case first came up, one of the arguments Olaf and I made was the slippery slope. If hot springs were going to refuse NJ with impunity, what’s next? Bars? Stores? Restaurants? Hospitals?

Now it seems even hospitals refusing NJ have come to pass.

This is also happening to J women as well, the news reports. But that’s what makes this case even more ludicrous and nasty. According to the article below, these refusals happened to the NJ woman a whole year ago! It only became a “peg” for news because a similar thing recently happened to a Japanese! Oh, so until it happens to one of “us Japanese” it’s not newsworthy??

Iron na imi de hidoi! Gongo doudan! Arudou Debito

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

Foreign woman rejected 7 times by hospitals in western Japan after childbirth
Mainichi Shinbun, September 27, 2007

Courtesy http://mdn.mainichi-msn.co.jp/national/news/20070927p2a00m0na022000c.html
Courtesy of Erich Meatleg

A foreign woman seeking medical help in Japan after giving birth at home was rejected by five hospitals where officials said her Japanese wasn’t good enough and they didn’t have proper facilities, authorities said Thursday.

The woman, in her 20s, was finally admitted to one of the hospitals after begging to be treated over two hours, during which two of the hospitals rejected her twice, said Takaaki Uchida, an official in Tsu.

All of the hospitals were equipped with maternity wards, but only two had intensive care units for newborn babies.

The incident happened in August 2006, but was reported in Japan on Thursday in the wake of the case of a 38-year-old woman who suffered a miscarriage last month after ten hospitals refused to admit her and her ambulance collided with another car.

The cases have raised concerns about shortcomings in emergency care for pregnant women, an growing worry as Japan grapples with declining birthrates — among the lowest in the world — and a burgeoning elderly population.

Uchida said the hospitals claimed the woman, whose name and nationality was withheld by officials, couldn’t speak Japanese well enough for them to communicate with her, and that they didn’t have emergency facilities to care for her newborn boy.

The woman had never consulted a doctor at a maternity clinic during her pregnancy, a fact that also made it difficult for her to find a hospital, Tsu City fire official Yoshinobu Sakurai said.

Sakurai also said the woman could not speak Japanese at all and her female companion to the hospital also spoke only broken Japanese.

Both the mother and the baby boy were healthy, according to Sakurai.

Following the miscarriage case, on Aug. 29 incident, the government has ordered local governments to review past cases of transporting pregnant women.

Last year, a pregnant woman in western Japan died after being refused admission by about 20 hospitals that said they were full. (AP)

September 27, 2007
REFERENTIAL ARTICLE:
Woman has miscarriage after waiting 3 hours to be transferred for emergency birth (see comments section)
ENDS

出産直後の外国人拒否、「言葉通じない」と津市の病院

mytest

ブログの皆様、おはようございます。これを見て言語道断。温泉等じゃなくなりました。ましてや、昨年8月に起きた事件ですね。つまり外国人に遭った事件ならニュースにならないでしょうか。日本人妊婦に同様に遭ったからニュースになりますね。色んな意味でひとい!有道 出人

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出産直後の外国人拒否  「言葉通じない」と津市の病院
産經新聞 2007/09/27
http://www.sankei.co.jp/shakai/wadai/070927/wdi070927004.htm

 津市内で昨年8月、出産直後の20代の外国人女性が救急搬送の際、7つの病院で受け入れを断られ、到着するまでに約2時間かかった事例があったことが27日までに分かった。母子ともに健康だという。

 三重県消防・保安室によると、この女性は自宅で出産。119番で消防が駆け付けたところ、赤ちゃんにへその緒がついたままだった。消防が新生児集中治療管理室が空いている病院を探したが、女性が日本語を話せず、一度も産婦人科を受診していなかったため「言葉が通じない」「処置困難」などの理由で断られ、医療機関の調整に時間がかかった。

 奈良県で救急搬送中の妊婦が死産した問題を受け、県が調査し判明した。

(2007/09/27 11:26)

Excellent Economist editorial on anti-terrorism measures and civil liberties

mytest

Hi Blog. Excellent article in The Economist this week regarding anti-terrorism measures and the erosion of civil liberties.

How the pendulum has begun swinging back. As a twenty-year reader of The Economist, I’ve noticed a constant editorial slant favoring market-based solutions to just about everything, and the concomitant (but wan and blinding) hope that the more politically-conservative elements of governments in the developed economies would follow their preferred course. Hence their often backwards-bending support of the current administration in the world’s most powerful economy, which has long demonstrated a pursuit of power for its own (and its cronies’ own) sake.

Now, after struggling for years to come to terms with (and offering conditional, but certainly evident, support for) the American curtailment of civil liberties (enabling other countries, such as Japan, to take pages from their book and create policy rendering all foreigners suspicious as terrorists), this week’s Economist finally comes down against the erosion. Bravo.

Now if only Japan’s opinion leaders were as intelligent and outspoken about the flaws in Japan’s new anti-terrorist and foreign-crime targeting regime… Arudou Debito in Sapporo

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Civil liberties under threat
The real price of freedom
Sep 20th 2007
From The Economist print edition
Courtesy http://economist.com/opinion/displaystory.cfm?story_id=9833041
It is not only on the battlefield where preserving liberty may have to cost many lives

“THEY hate our freedoms.” So said George Bush in a speech to the American Congress shortly after the attacks on America in September 2001. But how well, at home, have America and the other Western democracies defended those precious freedoms during the “war on terror”?

As we intend to show in a series of articles starting this week (see article), the past six years have seen a steady erosion of civil liberties even in countries that regard themselves as liberty’s champions. Arbitrary arrest, indefinite detention without trial, “rendition”, suspension of habeas corpus, even torture—who would have thought such things possible?

Governments argue that desperate times demand such remedies. They face a murderous new enemy who lurks in the shadows, will stop at nothing and seeks chemical, biological and nuclear weapons. This renders the old rules and freedoms out of date. Besides, does not international humanitarian law provide for the suspension of certain liberties “in times of a public emergency that threatens the life of the nation”?

There is great force in this argument. There is, alas, always force in such arguments. This is how governments through the ages have justified grabbing repressive new powers. During the second world war the democracies spied on their own citizens, imposed censorship and used torture to extract information. America interned its entire Japanese-American population—a decision now seen to have been a cruel mistake.

There are those who see the fight against al-Qaeda as a war like the second world war or the cold war. But the first analogy is wrong and the moral of the second is not the one intended.

A hot, total war like the second world war could not last for decades, so the curtailment of domestic liberties was short-lived. But because nobody knew whether the cold war would ever end (it lasted some 40 years), the democracies chose by and large not to let it change the sort of societies they wanted to be. This was a wise choice not only because of the freedom it bestowed on people in the West during those decades, but also because the West’s freedoms became one of the most potent weapons in its struggle against its totalitarian foes.

If the war against terrorism is a war at all, it is like the cold war—one that will last for decades. Although a real threat exists, to let security trump liberty in every case would corrode the civilised world’s sense of what it is and wants to be.

When liberals put the case for civil liberties, they sometimes claim that obnoxious measures do not help the fight against terrorism anyway. The Economist is liberal but disagrees. We accept that letting secret policemen spy on citizens, detain them without trial and use torture to extract information makes it easier to foil terrorist plots. To eschew such tools is to fight terrorism with one hand tied behind your back. But that—with one hand tied behind their back—is precisely how democracies ought to fight terrorism.

Take torture, arguably the hardest case (and the subject of the first article in our series). A famous thought experiment asks what you would do with a terrorist who knew the location of a ticking nuclear bomb. Logic says you would torture one man to save hundreds of thousands of lives, and so you would. But this a fictional dilemma. In the real world, policemen are seldom sure whether the many (not one) suspects they want to torture know of any plot, or how many lives might be at stake. All that is certain is that the logic of the ticking bomb leads down a slippery slope where the state is licensed in the name of the greater good to trample on the hard-won rights of any one and therefore all of its citizens.

Human rights are part of what it means to be civilised. Locking up suspected terrorists—and why not potential murderers, rapists and paedophiles, too?—before they commit crimes would probably make society safer. Dozens of plots may have been foiled and thousands of lives saved as a result of some of the unsavoury practices now being employed in the name of fighting terrorism. Dropping such practices in order to preserve freedom may cost many lives. So be it.

ENDS

Nov 07 Immig Law: New Biometric machines only at Narita. Every other airport fingerprints NJ every time.

mytest

Hi Blog. Report from Martin Issott, who has been doing extensive follow-up research on this subject over weeks. The new November Immigration Procedures, which will be reestablishing the fingerprint system withdrawn after decades of protest ten years ago, will be treating all foreigners as fresh off the boat. Including non-Japanese residents of Japan and Permanent Residents.

Worse yet, since “insufficient funds” have made it so that only one airport (Narita) will have the latest technology, NJ residents will have to give fingerprints every time they enter the country and go through the Gaijin Line. Nice welcome home, Immigration.

Amnesty International and SMJ have been duly advised of this. They will be holding a public forum in October on this in Tokyo. Details here. Attend if you like.

See the GOJ’s hilarious justification for reinstating this system here.

If you’d like to get in touch with Martin for confirmation of any details below, please contact him through me at debito@debito.org; as per his request. Or of course, leave a comment below. Thanks. Arudou Debito in Sapporo

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

Dear Debito,

The Ministry of Justice briefing I previously advised was duly held on afternoon of 18th September, and contact with the British Embassy representative who attended the meeting has clarified the situation with confirmation as follows:

1) The law was promulgated on 24th May 2006, and will be enforced from 23rd November this year.

2) At Narita, for foreign residents with pre-registered fingerprints and photographs, there will be an automated gate system established prior to 23rd November.

3) This automated gate system will only be established at Narita and at no other International airport in Japan until processing via this system has been perfected and, very ominously, “when funds are available” to provide the system at other International airports.

4) Resident foreigners entering Japan at other airports will be required to join the queue with all arriving visitors and to provide their fingerprints and photograph on every entry and re-entry into Japan.

5) As a Kobe resident it is obviously impractical for me to use Narita, therefore I, a 20 year resident of the country with valid re-entry permit and visa, will nonetheless be required to follow these procedures, despite the fact that for non-Japanese APEC Country business travel card holders there are already separate immigration channels (effectively automated gates !) to facilitate their entry.

I am now doubly incensed, first at the discrimination ,and secondly at the sheer incompetence of the Japanese authorities in not getting their act together during the last 18 months to establish the automated gate system at all Japanese International airports prior to the amended law enforcement.

As a result many long term family residents and the resident business community will be seriously inconvenienced which all could have been quite simply avoided.

I cannot change the facts, but I would ask you through your newspaper columns to castigate in the strongest possible terms the Japanese authorities for their sheer indifference to the rights of resident foreigners.

Martin Issott

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

Written substantiation from Kobe Immigration (in letter form: query letter, then answer) in pdf format, courtesy of Martin Issott, downloadable from

https://www.debito.org/issottkobeimmigration210907.pdf

Or click on thumbnails for jpg format:
A210907(J).jpgQ100907(J).jpgQ100907(E).jpg

Details as follows:

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

RE: Kobe Immigration 100907.pdf

Mr Issott,

I have received Kobe immigration response dated 21/9.

Details are –

———————————————-
” Regarding your letter of 10th September for asking confirmation we
respond as follows:-

1) There is no plan for the Automated Gate System to be installed
at Kansai International Airport Osaka.

A) As responded previously regarding the introduction of the automated
gate system, there is no other installation plan in this fiscal year
except Narita Airport, to be installed by 23/11.

The installation plan of the automated gate system in and after next
fiscal year is under investigation.

As future installation plan will be announced as soon the details
are decided, your understanding is appreciated.

2) If I wish to avail of the Automated Gate System, then my only
option will be to re-arrange my travel schedule to enter and re-enter
Japan via Narita Airport.

A) As per our response 1) above the automated gate system is planned,
as of now, to be installed at Narita only. Therefore if you wish to
avail of the automated gate system there is no other way for using
Narita Airport. Your understanding is appreciated.”
———————————————-

nh

ENDS

Amnesty Intl Tokyo Symposium Oct 27 on

mytest

Public lecture you might be interested in. Arudou Debito

**********************************************************************
Symposium organized by Amnesty International Japan and Solidarity Network with Migrants Japan (SMJ)

Toward further control over foreign nationals? Japan’s anti-terrorism policy and a Japanese version of the “US-VISIT” program **********************************************************************

Date: Saturday, 27 October Time: 14:00 – 17:00
At: 9 Floor, KOREAN YMCA (YMCA Asia Youth Center) 2-5-5 Sarugaku-cho, Chiyoda-ku Tokyo
http://www.ymcajapan.org/ayc/jp/
Admission: 1000 yen
Simultaneous translation service available (Japanese-English)

*** Program ***
14:00 Opening remarks
14:00 Briefing about a Japanese version of “US-VISIT” program by Akira HATATE (JCLU)
14:30 Keynote speech by Barry Steinhardt, ACLU Technology and Liberty Program “War on Terror” and impacts of US-VISIT in the United States
15:10 Break
15:20 Panel Discussion: Anti-terrorism policies and reinforced control over foreign nationals —- The challenge of civil society to fight against discrimination and to protect rights. Members of the panel: Barry Steinhardt / Akira HATATE / Ippei TORII (SMJ) / Toshimaru OGURA (The People’s Plan Study Group)
17:00 Closing remarks

*** Profile of Barry Steinhardt ***
Barry Steinhardt served as Associate Director of the American Civil Liberties Union (ACLU) between 1992 and 2002. In 2002, he was named as the inaugural Director of the ACLU’s Program on Technology and Liberty. Steinhardt has spoken and written widely on privacy and information technology issues.

*** Why Amnesty and SMJ are organizing the symposium ***
A law proposing to implement a Japanese version of “US-VISIT” was passed in 2006 and will probably be enacted by November 24th.

The law makes fingerprinting and photographing mandatory for all foreigners arriving in Japan except “special permanent residents” and youth under the age of 16. Furthermore, according to news reports, the biometric data obtained would be shared not only with a number of ministries in Japan but also, in the near future, with US authorities as well. US-VISIT (United States Visitor and Immigration Status Indicator Technology) was originally launched by US authorities in 2004 and Japan has become the second country to introduce a similar program.

The law is part of our government’s policy to reinforce control over foreign nationals entering and living in Japan in the name of the “War on Terror”.

Non-governmental organizations in Japan such as Amnesty International (AI) Japan, Solidarity Network with Migrants Japan (SMJ) and the Japan Federation of Bar Associations are concerned that the current government policy encourages discrimination against foreigners and violates individuals’ right to privacy. Please refer to a joint statement by NGOs dated 5 April 2006 (appendix 1).

Ahead of the enactment of the Japanese-version of “US-VISIT”, AI Japan and SMJ have invited Director of American Civil Liberties Union (ACLU) Technology and Liberty Program Mr. Barry Steinhardt to Japan, and is organizing several public events including the symposium. The aim is to share information and concerns, as well as to raise awareness within Japanese society about the issues involved.

*** For further information ***
Amnesty International Japan 2-2-4F Kanda-NIshiki-cho, Chiyoda-ku Tokyo 101-0054 JAPAN TEL: 81-3-3518-6777 FAX: 81-3-3518-6778

Solidarity Network with Migrants Japan (SMJ) Tokyo-to, Bunkyo-ku, Koishikawa 2-17-41, Tomisaka Christian Center, House 2, #203, Japan (Map) TEL:81-3-5802-6033 FAX:81-3-5802-6034

ENDS

アムネスティとSMJ主宰:『どこまで強まる? 外国人管理「テロ対策」と日本版US-VISIT』シンポ東京にて10月27日(土)

mytest

(転送歓迎)——————————————————
▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼▼
バリー・スタインハードさん(米自由人権協会)を招いてシンポジウム
どこまで強まる? 外国人管理 「テロ対策」と日本版US-VISIT
▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲▲

▽日時 2007年10月27日(土) 14:00〜17:00 (13:30開場)
▽会場 在日本韓国YMCA 9階ホール (定員150名)
    千代田区猿楽町2-5-5
    JR水道橋駅徒歩6分、御茶ノ水駅徒歩9分、地下鉄神保町駅徒歩7分
▽参加費 1,000円 同時通訳有

2006年、「テロ対策」を名目とした「日本版US-VISIT」導入が決定され、今年11月23日までに施行されます。これは、特別永住者や16歳未満を除くすべての外国人に対し、入国・再入国のたびに、指紋と顔写真情報の提供を義務づけるものです。提供された情報はほぼ一生涯にわたって保存され、警察からの要請があれば、犯罪捜査などにも利用されることになります。

指紋や顔写真といった生体情報は究極の個人情報であり、漠然とした「テロ対策」名目で安易に集めることは、プライバシーの侵害にあたります。さらに、外国人に限って指紋・顔写真情報の提供を義務化することは、外国人=テロリスト予備軍とみなしていることの表われであり、外国人に対する差別です。
集められた情報は、「テロ対策」よりも外国人の在留管理と監視の強化に利用されると危惧されています。

シンポジウムでは、米自由人権協会のバリー・スタインハードさんをお招きし、US-VISITをはじめとする、「テロとの戦い」の下で進められるさまざまな米国の監視体制の問題、そうした動きに追随する日本社会と外国人管理体制について考え、市民社会は何をすべきかを議論します。

▽US-VISIT:正式名称はUnited States Visitor and Immigrant Status
Indicator Technology(米国訪問者・移民現況表示技術)という。2004年9月
30日から米国で導入された、スキャンシステムによる米訪問者の顔写真と指紋
の採取プログラム。

▽バリー・スタインハードさん
1992年から2002年まで、米自由人権協会(American Civil Liberties Union: ACLU)の共同代表を務め、2002年から現在まで、テクノロジーと自由に関するプログラム部長を務めている。1990年代後半から2000年頃、米国におけるインターネット盗聴捜査の拡大に反対して活動してきた。現在の関心は、反テロ愛国法の成立にともなう、個人情報の国家による一元管理と監視システム問題など。

<プログラム>
14:00 開会
14:10 日本版US-VISITとは何か?(旗手明さん・(社)自由人権協会)
14:30 米国の「テロとの戦い」とUS-VISITの問題 (バリー・スタインハードさん)
15:10 休憩
15:20 パネル・ディスカッション  
  「テロ対策」と強まる外国人管理〜市民社会は何をすべきか〜
  パネリスト:小倉利丸さん(ピーブルズ・プラン研究所)
        旗手明さん
        鳥井一平さん(移住労働者と連帯する全国ネットワーク) 
        バリー・スタインハードさん
  司会:東澤靖さん(弁護士・明治学院大学法科大学院教授)
17:00 終了

主催
社団法人アムネスティ・インターナショナル日本
東京都千代田区神田錦町2-2 共同(新錦町)ビル4F
TEL. 03-3518-6777 FAX. 03-3518-6778

移住労働者と連帯する全国ネットワーク
東京都文京区小石川2-17-41富坂キリスト教センター2号館203号室
TEL 03-5802-6033 FAX 03-5802-6034

★★★本シンポジウムを含む「日本版US-VISIT」施行直前緊急企画! ★★★
バリー・スタインハードさん招聘プログラム」への賛同を呼びかけています。
ご賛同いただける団体・個人の方は、賛同金を以下にお振り込みください。
団体:一口3000円  個人:一口1000円
振込先:郵便振替口座:00120-9-133251
加入者名:社団法人アムネスティ・インターナショ
ナル日本
※「バリー・スタインハードさん来日企画賛同金」
と必ずご明記ください。

——————————————————————

***********************************************
移住労働者と連帯する全国ネットワーク
東京都文京区小石川2-17-41富坂キリスト教センター
2号館203号室
�:03-5802-6033 FAX:03-5802-6034
e-mail
URL http://www.jca.apc.org/migrant-net/

Mネット年間購読募集中!
年間購読費:団体・12000円、個人・6000円
詳しくは、移住連事務局までお問い合わせください。
***********************************************

ENDS

Next Valentine Lawsuit Hearing Tuesday Sept 25

mytest

Hi Blog. Just received this from Valentine:

Dear Debito.
Please, kindly remind your bloggers about the date for my court attendance. 25th Tuesday September, 2007 at the Tokyo High Court, Kasumigaseki. by 1.30pm 8 floor Rm 808. Thanks, Valentine

Attend if you like. More on the Valentine Lawsuit, where he was denied medical treatment for a broken leg while being interrogated by police (and is now crippled), and then the lower court exonerated the police of any respnsiblity on extremely flimsy grounds, at https://www.debito.org/valentinelawsuit.html

Debito in Sapporo

Fujimori finally gets his–extradition to Peru

mytest

Hi Blog. Good news. A wanted former dictator, er, president of Peru finally gets his.

The saga so far: After buggering off to Japan in 2000, resigning his office, claiming Japanese nationalty (in fact, using it as a cloak against extradition), then swanning off back to Chile in 2005 to try and contest a Peruvian election, then trying even to get elected in Japan last July, Alberto Fujimori, in my view a megalomaniac in the mold of Napoleon and Mexico’s Santa Anna (both of whom kept popping up after exile trying to restore themselves back to power; Fujimori has clearly been less successful than they), has finally been ruled an undesirable (“on human rights and corruption charges”) by Chile’s Supreme Court. He was extradited to Peru yesteday.

More background on Fujimori why he matters to Debito.org here.

About bloody time. Give him his day in court. Let’s see what the trial brings out.

Here’s the AP’s view. Debito in Sapporo

////////////////////////////////////////
Fujimori returns to Peru to face trial
AP correspondent Monte Hayes reports Alberto Fujimori still has strong support in Peru.

By MONTE HAYES
Associated Press Writer
Courtesy Daily Yomiuri Sep 23, 1:15 AM EDT
http://hosted.ap.org/dynamic/stories/F/FUJIMORI_ASOL-?SITE=YOMIURI&SECTION=HOSTED_ASIA&TEMPLATE=ap_world.html

LIMA, Peru (AP) — Former President Alberto Fujimori returned to Peru on Saturday to face charges of corruption and sanctioning death-squad killings, a grim homecoming for the strongman who fled the country seven years ago as his government collapsed in scandal.

The plane carrying the 69-year-old former ruler landed in a heavy mist at Lima’s Las Palmas air force base, a day after Chile’s Supreme Court authorized his extradition. He was then flown by helicopter to a police base, where he is to be held until a permanent facility is prepared for his detention.

Some 700 supporters who gathered outside the police air terminal across town to greet him were frustated when his plane was diverted to the air base.

“We have come to welcome Fujimori, to tell him that we are with him and will accompany him wherever he goes so that he feels he has the support of his people,” his daughter Keiko Fujimori, who was elected to Congress in 2006, told The Associated Press.

Fujimori’s extradition from Chile has provoked reactions ranging from elation to indignation.

Some Peruvians believe he should be tried for his controversial crackdown on the bloody Shining Path insurgency and alleged corruption during his 1990-2000 presidency.

But Fujimori maintains a following in Peru. A recent poll showed that 23 percent of Peruvians want to see him back in politics and some worry his return could provoke turmoil in a country emerging from decades of political and economic chaos.

“There will be a sector of the country that will identify with him, and he will play a destabilizing opposition role,” said congressman Javier Valle Riestra, a leader of President Alan Garcia’s Aprista party.

Fujimori was widely admired for ushering in economic stability and defeating the Shining Path rebel movement during his 1990-2000 government, but his presidency increasingly came under fire as it drifted toward authoritarianism and evidence surfaced of corruption.

He was flying to Peru under police custody Saturday, a day after the Chilean Supreme Court ordered his extradition on human rights and corruption charges.

Fujimori’s followers and foes alike were stunned in November 2005, when he landed in a small plane in Chile and revealed his ambition to run for president in the 2006 elections, even though Peru’s Congress had banned him from seeking public office until 2011. He was promptly arrested.

Fujimori had earned a reputation as a cool-headed strategist in handling multiple crises as president. But he may have miscalculated when he decided to leave his safe refuge in Japan, where he enjoyed immunity from extradition because of his Japanese nationality, inherited from his migrant parents.

It “will be interesting to see how Houdini gets out of this one,” said Michael Shifter, a Latin America analyst at the Inter-American Dialogue think tank in Washington.

Peru wants to try Fujimori on corruption and human rights charges, including sanctioning the death-squad killings of 25 people.

Fujimori, who calls the charges politically motivated, said on the eve of his departure that while his government made mistakes, he has a clear conscience.

“This does not mean that I’ve been tried, much less convicted. … I hope that in Peru there exists the due process to clarify the accusations against me,” he told the Chilean newspaper El Mercurio.

He noted that while the Chilean Supreme Court authorized his extradition, it significantly reduced the charges for which he can be tried in Peru. According to the extradition treaty between the two countries, he can only be tried on the charges for which the extradition was approved.

Fujimori also suggested that he’s eyeing a political comeback, saying, “I still have majority support from a very popular political current.

“I assure you that there will be a political heir if I am no longer around,” he added. “There will be a Fujimori movement for a long time. I guarantee that there will be some Fujimori in the next presidential race.”

He said his daughter Keiko, who was elected to Congress last year with 600,000 votes, far more than any other legislator, has “what it takes” to be president.

On Friday, Keiko, 32, who is six months pregnant with her first child, demanded that he not be mistreated while in custody and urged supporters to greet him at the airport.

“Fujimori was the one who brought peace to this country, who defeated terrorism, and it seems a paradox that today Fujimori is being tried for human rights,” she said.

The Fujimori-allied Congressman Rolando Souza predicted that if the former leader does not receive a fair trial and is sentenced to a long prison term, indignation among his supporters would propel his daughter into the presidency in 2011.

“I’m completely sure of it,” he said.

Peruvian prosecutors are seeking 30 years in prison for each human rights charge, and up to 10 years for the corruption charges. But prison terms run concurrently under Peruvian law.

Some Peruvians say Fujimori’s controversial crackdown on the bloody Shining Path insurgency was justified.

“Maybe it’s a crime now, but there was a war going on then,” said Miguel Capac, 40, a civil engineer who voted for Fujimori. “And in a war it’s hard to say who is guilty and who is innocent.”

But for others, his administration’s alleged crimes outweigh its successes.

“He has done good things. No one denies that. But that doesn’t allow him to get away with the acts of corruption he committed,” said Maria Huaman, a 35-year-old architect.

Many believe Garcia did not want Fujimori extradited, fearing he could become a powerful opposition leader. Garcia’s political opposition is fragmented, giving him a free hand to rule, and he maintains a fragile control of the 120-seat Congress with the backing of 13 legislators allied to Fujimori.

Larry Birns, director of the Washington think tank Council on Hemispheric Affairs, said the trial also could prove embarrassing for Garcia. He said human rights violations were even greater during Garcia’s first term in 1985-1990 than in Fujimori’s administration, “and I think Fujimori is going to use that as his defense.”

The trial “will open up not one but many cans of worms because corruption in Peru was endemic at that time,” Birns said.


ENDS