My SNA Visible Minorities 15: “New Covid Foreign Resident Re-Entry Rules Still Racist”, on how they are actually a natural outcome of Japan’s bullying bureaucracy (Oct. 19, 2020)

Posted on October 19, 2020 by Debito Arudou, Ph.D.

mytest

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Hi Blog. Here’s my latest Shingetsu News Agency “Visible Minorities” column 15. Enjoy. Debito Arudou, Ph.D.

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Visible Minorities: New Covid Foreign Resident Re-Entry Rules Still Racist
OCT 19, 2020 by DEBITO ARUDOU in COLUMN
http://shingetsunewsagency.com/2020/10/19/visible-minorities-new-covid-foreign-resident-re-entry-rules-still-racist/

SNA (Tokyo) — Sometime during your life in Japan, you will probably feel a chilling attitude in Japan’s bureaucracy: as a foreign resident, you don’t really matter. To Japan’s policymakers, you’re at best an existence to be tolerated, at worst an unpredictable element that needs constant policing.

You’ll see it in things like Japan’s special foreign registry systems, or the “Gaijin Cards” that must be carried 24-7 and leave you vulnerable to random street ID checks by racist cops.

But you might not have realized until recently the most dehumanizing tenet of all: That foreigners should have no legal expectation to belong here.

Japan’s Supreme Court ruled in 1992 that Japan’s foreign residents have no “right of sojourn,” i.e., to leave Japan temporarily and expect to return. (Japan Times columnist Colin Jones called it a “reverse Hotel California”–you can leave any time you like, but can never check back in.)

That means that even if you invested your entire life in Japan, married a Japanese, had children, paid taxes, bought property, started a business, and even achieved Permanent Residency (which by definition should be a legitimate claim to reside here forever), nothing you did matters. You cross the border, you’re out.

Hypothetically, if push comes to shove, a Permanent Resident will have the same status as any foreign tourist at the border.

Well, that hypothetical came true last April when, due to Covid, Japan decided to bar all foreigners from re-entering Japan–even though Japanese could still return and merely quarantine. No other developed country does this, and there is no science indicating that Japanese passports offer enhanced epidemiological protection. It was purely arbitrary.

So foreign residents found themselves stranded overseas apart from their Japanese families, or watched helplessly from Japan as their overseas kith and kin died. This heartless and explicit racism attracted significant international attention, so from October 1, Japan announced it would open its borders to foreign residents under certain conditions.

But it turns out that, realistically, these conditions are still a ban…. By arbitrarily creating a tight 72-hour hour window requiring special paperwork unattuned to the realities of Covid testing overseas (especially when the test is meaningless if you get infected on the plane), Japan’s bureaucrats merely deflected international criticism from its regular racism by replacing it with new, improved racism.

Read the entire article at http://shingetsunewsagency.com/2020/10/19/visible-minorities-new-covid-foreign-resident-re-entry-rules-still-racist/

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W on Japan’s Kafkaesque and faulty re-entry procedures (even after October revisions to “open borders to Re-entry Visa foreign residents”): More elaborate racist barriers now.

Posted on October 16, 2020October 19, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. What follows below is an eyewitness account (redacted to remove personal identifiers) of a Permanent Resident of Japan, married to a Japanese for decades, who as a European went through re-entry procedures that apply to foreigners only (regardless of visa status) and not Japanese. The Japanese Government claims they have made things easier for Non-Japanese re-entrants since October 1, but Debito.org Reader W would beg to differ below.

This Kafkaesque account will no doubt resonate with those who are used to Japanese bureaucracy, and doubly so when they see how racism (the belief that having a Japanese passport somehow makes you less contagious) is as usual part of the mix. Debito Arudou, Ph.D.

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From: W
Subject: My Investigation Story – W (posts on Debito blog)
Date: October 17, 2020 (revised version)
To: Debito Arudou <debito@debito.org>

Dear Debito,

Thank you for follow up on re-entry ban issue. It is very important that someone is trying to do something with this discriminatory measures. Here is my personal investigation. I have had enough with lack of clarification and just assumptions by posters around various news venues.

I spoke with one of the Japanese Embassies in Europe to ask about the procedure. They were very kind and helpful. I would advise everyone to contact them in the country you are staying, not to read the “assumptions” in other media. I also asked about my Japanese spouse who is always with me in the same country where we spent the last half year. Let me start from her, because her case is short.

Well, my spouse doesn’t need anything even though we would re-enter together from the same country where we lived together. Japanese don’t need to prove negative Covid exposure (through a PCR test) prior to return to Japan. However, I as a foreigner need a) a PCR test, administered in the foreign country 72 hours before departure, and b) a “Confirmation Letter” with “Certificate of Testing for COVID-19” signed and sealed by the lab by the foreign country that conducted this PCR test. ( I sent you screenshot proof). In spite of the kindness over the phone, I realized that their attitude is that only we foreigners carry viruses after all.

One of my questions was about PCR lab because officially without minor symptoms one cannot be tested in my foreign country. The Embassy told me the whereabouts of some labs that do test without symptoms, and I was given the names. I was reminded that unlike regular PCR tests, these is not free and I will have to pay for it.

I continued to ask further questions about how it works, because it would be rather impossible to set up everything within 72 hours, including a getting that Confirmation Letter and “PCR Certificate” from the Embassy which takes a couple of days to receive. That looks like this (PDF):

PCR Certificate for Japan

Also see example from the Japanese Consulate, Boston, USA. https://www.boston.us.emb-japan.go.jp/files/100098498.pdf

I also asked why do I need such letter at all when I already have a re-entry seal? The answer I received was:

The Confirmation Letter is necessary to control inflow of foreign re-entrants, so they can follow up with testing capacity at the airport. If too many of them ask to re-enter then the Government may ask to temporary stop issuing those letters. (This sounds like the option for a re-entry ban again).

Anyway, I continued with questions about timing. And this is where it shows totally different story from what people “assume” on various posts.

Test result time varies by countries. I want to point that I`m against of PCR test if it doesn’t involve everyone regardless of their nationality.

Interestingly, we don’t have to show to Embassy our PCR result in order to receive Confirmation Letter. I was advised to begin process with the letter, which takes couple of days to receive it and then do the test after that. If it comes up negative then I can purchase a ticket. (72 hours before takeoff the ticket price would probably be tripled.)

Anyway, I wanted to be sure, so I asked questions again:

Me Q: Does this mean I don`t have to bring PCR to show you in order to apply and receive Confirmation Letter?

Emb A: No, because you won`t be allowed in without PCR result with only the letter itself. This is why you can apply as soon as you want to.

Me Q: Do I have to come to the Embassy? It takes about an hour drive one way.

Emb A: Yes, we need your Passport and ID. (ONE MUST HAVE VALID RE-ENTRY)

Me Q: Fair enough. Do I have to pick up in person too?

Emb A: Yes, you have to come again to pick it up. (Note: another 2 hours lost from the 72-hour window)

Me Q: What happens when I arrive in Tokyo? I know there is another test and then…?

Emb. A: We don`t have such information, I will give you phone number so you can call to ask in Japan
Me: OK,Thank you.

I received the number, and my spouse called that number next day. I can say that the staff was extremely helpful and explained to us everything. We also called Japanese Immigration too. They also were very helpful. A lot of hassle, but at least we had very kind people on the other side of the line.

Initially I gave up on returning to Japan for time being. My spouse was crying, because going back alone was not what we always do. We live and travel together. In our long marriage we are never separated. We are a happy couple. I cannot blame my spouse for what the Japanese Government does to separate international families.

Whenever we enter Europe, my spouse always goes with me to almost empty immigration line for EU Citizens, because residency permit holders can do it. However in Japan at the entry point we are separated. I`m fingerprinted and photographed as a suspicious resident — and now this extra set of hoops to jump through, because I may be a threat to Japan’s National Security. (The Covid re-entry ban is based on such an assumption.) I admire Japan and people and always follow the rules, never had any problems and I don’t see myself having any wherever I go. National Security would some kind of real accusation IMO.

Now, back to testing abroad, which differs from the requirements for Japanese people:

I didn’t want to be separated from my spouse, so I decided to go ahead and go through all the hassle.

The PCR test certificate must be filled in on a specific document prepared by MOFA. You can’t download it. You have to go to the Embassy and get it. On their paper. It’s the best if the PCR testing lab fills it in and stamps it. Foreign-issued certificates are not accepted, because they do not specify the exact method that the test has been done. They show COVID-19 Test – NEGATIVE or POSITIVE – and whether the sample was from nose or throat. That’s it.

The European labs I spoke with told me that they send test results within 24 hours, with the certificate either by email, or one must login to the lab portal and download it. I sent them the Japanese template sample and asked if they would fill in the form for me, as this is specific for Japan. They told me NO, because we send all certificates by email. Our certificate has been approved and accepted in many other countries that require all arrivals to bring negative PCR test result (not just foreigners). If I want, I can find another lab.

According to MOFA, the requirements must be specifically followed or one will not be allowed in. Besides, I checked drive-through testing that one can see on the edge of many European cities. I looked from the distance and found that all tests are done from throat swab. But these tests are for people who have Covid symptoms and are referred there by health authorities (free test). But, again, they won’t test me unless I’m symptomatic. I’m not.

Japanese PCR test rules from Japan Times (Aug 31, 2020):
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Only negative results for molecular diagnostic tests conducted via nasopharyngeal swab or saliva samples using the real time reverse transcription polymerase chain reaction method (RT-PCR), loop-mediated isothermal amplification method (LAMP) or an antigen test using the chemiluminescence enzyme immunoassay (CLEIA) method will be recognized as valid. Such tests need to be conducted within 72 hours prior to departure and documents confirming the procedure need to be filled out entirely in English and need to be signed by a doctor from the medical institution where the test was conducted or have the institution’s stamp. The officials suggest using the certification form for COVID-19 tests, which can be found on the justice ministry’s website.
====

I found a lab which was new in my area and they would help me. After retrieving the Confirmation Letter from the Embassy, I scheduled PCR test 2 weeks later. Meanwhile, I took the risk to lose money by purchasing a plane ticket at the same time as the PCR test without the option to cancel it regardless of the situation. My Travel Insurance confirmed that they would not reimburse me either due to positive PCR test. I took the risk of a negative outcome because if I bought it after a negative PCR test, it would probably cost me triple within that 72-hour window. My spouse was incredibly happy that we will go together. I said to her: Darling, hold on, we need test result first. The same day late evening it arrived. NEGATIVE! Baby, we go together as planned.

It was not the end of story yet.

I received foreign certificate pdf which was signed and stamped by a doctor with blue pen. It was not enough though. Not enough for Japanese requirements. I was lucky that the lab was kind enough and told me to come back next day to give me a printed “negative “certificate they issued, my passport and Japanese printed form. They will do for me what I need. It just cost me well over 100 Euros.

I went there the next day with pre-filled form with my details only to ask for REAL stamp and doctor’s REAL signature. Now I had everything that I needed to re-enter Japan.

My lab was close enough, but imagine if someone live far away or if they didn’t open new lab closer to me, then I would have to drive 1-2h to do the test in another city and then next day to waste the same time to get “REAL” certificate signed. I can tell you that immigration in Japan did not accept foreign issued document. I pulled it up first to see what happens. Well, I had to give them the form required by MOFA. They took away from me both. What if I didn’t have the Japanese version? Would I be sent back?

At the airport in Japan

Here, everyone of course goes through a lot of paperwork, stamps, signs etc. It should be more digitized to allow more arrivals. Anyway, after they take your foreign PCR test, Japanese Immigration then tests you again via PCR from saliva. One needs to spit 1mm into given small container. (it’s not always as easy as it seems). Then, next step is to go through another round of paperwork and then to a special room where you have an assigned chair with your number received earlier. The PCR result comes within about 30 minutes to 1 hour. Once the result arrives, there is another small round paperwork, with all the documents such as PCR Certificates from abroad, PCR result from airport, 2 documents that everyone had to fill in in the plane plus passport being presented to the Immigration.

Japanese Citizens are free to go after showing a passport and taking a PCR test administered by Japanese Immigration, while foreign residents are stopped for a little bit longer than usual. I spent about 10 minutes longer because of checking all document, having my photo and fingerprints taken. Then one must go to another booth where another officer re-confirms again if all these docs are in order, then stamps it, signs it and at the end you are free to enter.

I don’t mind doing this procedure as long as everyone is treated equal regardless of their nationality. Including Japanese. However, most of the European countries do the Covid test upon arrival. In Germany, for example, if you show negative test from your country you let through without additional tests at the border. (I’m not sure if this is the same for all countries). I do wish that Japan would change their stance towards residents such as at least Spouses of Japanese (first of all when traveling together to/from the same place) and PRs.

The biggest obstacles for some of you might be to return to the lab again to have the Japanese form filled in. Good Luck!

In the end, let me summarize what I went through:

Step 1:
Japanese Embassy – Apply for Confirmation Letter. 1h drive one way (probably not required anymore since Suga became PM).

3 Days later
Japanese Embassy – Pick up confirmation letter. 1h drive one way

Step 2:
PCR test (lucky they opened just recently a lab close to me)

Step 3:
Next day go back to the lab to stamp and sign the Japanese document by a doctor. This is only when test comes back negative.

Step 4 (when all above is done):
Airlines require to fill in (or rather tick boxes) on their own document. This must be done prior to boarding.

Step 5:
Japan now requires another form to be filled in once inside the plane to “catch” early those at high risk who may be infected and may need hospitalization. (This is not a failsafe; anyone can lie on any forms, including these given by airlines.)

Step 6:
Another PCR in Japan at the airport upon arrival. (Other countries, such as Germany, respect certificates issued elsewhere when showed at the border, and next PCR is not necessary then.)

Anyway, I hope this is quite clear what`s happening. I do hope you still fight for changing things. I don’t mind PCR testing in principle, but then test everyone the same, including Japanese, or at least accept foreign certificate sent by email as other countries do.

Sincerely, W

Oct 1, 2020’s new govt regulations for NJ Resident Re-Entry: Not much of a change. Racialized barriers still up; instead, “business travelers” and “foreign tourists” may soon be prioritized

Posted on October 8, 2020October 8, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. October 1, 2020 was announced to be a new day for Japan’s racist border controls. From last April until then, all foreigner border crossers were legally treated as if they were a special source of contagion, affected differently by COVID than somehow-immune Japanese, and banned from entry. Further, unlike any other advanced industrialized country, the Japanese Government banned re-entry even to all Non-Japanese Residents with valid visas. Naturally, as covered before on Debito.org (see here, here, here, here, and here), this racist policy has separated families and destroyed NJ lives and livelihoods.

People have protested this, and media has questioned the actual science behind this differential treatment. So on October 1, the government “changed” its policy to allow in “mid- to long-term visa” holders. But as protest petitioner Sven Kramer points out:

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https://www.change.org/p/stop-the-entry-ban-on-legal-foreign-residents-of-japan/u/27821948

On the reopening of the border for all non-Japanese nationals holding mid- and long-term visas

クラーマースベン

Japan

OCT 2, 2020 —

On October 1, 2020, the government of Japan reopened the border for all holders of mid- and long-term visas. Getting a negative PCR test result 72 hours before departing for Japan is a necessary requirement. I strongly welcome this reopening. As I have implied in the other status update one month ago, I personally can accept this overseas test requirement for foreign nationals who want to newly enter Japan. But it should be limited to new entries only. However, the government still is bestowing this requirement on all foreign residents, not distinguishing between new entry and re-entry (only special permanent residents and diplomats are exempt). It is my sincere belief that, at least when it comes to epidemiological issues, the procedure for re-entry should not be different per nationality. This is why I unfortunately have to announce that despite this very welcomed reopening of the border, this petition will stay up until every re-entrant gets treated equally at the quarantine booth.

The new official material by the government of Japan: http://www.moj.go.jp/content/001329914.pdf

中長期在留資格を獲得した外国人の新規入国の再開に当たって

令和2年10月1日から日本国政府は、中長期在留資格を新しく獲得した外国人の新規入国を認めるようになりました。日本へ出発する前72時間以内の陰性のPCR検査結果を手に入れるのが条件です。この緩和を強く歓迎します。1か月前の進捗報告で示唆した通り、新規に入国しようとする外国人にこの条件をかけるのを少なくとも私が容認できます。ただあくまで新規に入国する外国人の場合だけです。しかし、この条件はもう日本に住んでいて一時的に出国した外国人にも相変わらずかかっています。言い換えれば、外国人（「特別永住者」、「外交」および「公用」の在留資格保持者を除く）に限って再入国と新規入国を同じに取り扱うわけです。しかし、私の深い信念では、防疫問題において国籍を根拠に再入国の手続きを違うものにすべきではありません。このため、残念ながら本陳情書をまだ閉じることができません。引き続きご賛同をよろしくお願い申し上げます。

法務省よりの資料： http://www.moj.go.jp/content/001327502.pdf

Review and sign the petition at https://www.change.org/p/stop-the-entry-ban-on-legal-foreign-residents-of-japan/u/27821948

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Ironically, there’s also the issue of the Japanese Government now considering prioritizing “business travelers” and “foreign tourists” for special entry exemptions. However, as usual, it seems our actual taxpaying NJ Residents (including “Green-Card”-holding regular Permanent Residents) with families and lives in Japan don’t matter as much.

On top of that, there’s an issue with how these PCR tests for clean bills of health have been enforced, from eyewitnesses at the border writing in to Debito.org. I will get into this in my next blog entry. Debito Arudou, Ph.D.

Dejima Award #9: Again to Japan Rugby Football Union, for classifying naturalized Japanese players as “foreign”, in violation of Japan Nationality Law.

Posted on September 29, 2020October 1, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Consider this litmus test of “Japaneseness”: Are you “Japanese enough” to play for the national team? Not if you naturalized. Read on, then I’ll comment:

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Japan Rugby Football Union
JRFU rules certain Japan passport holders will be regarded as non-Japanese
Sep. 26 2020 By Rich Freeman. Courtesy of lots of people.
https://japantoday.com/category/sports/rugby-jrfu-rules-certain-japan-passport-holders-can’t-be-treated-as-locals
Also https://www.japantimes.co.jp/sports/2020/09/26/rugby/rugby-team-japanese-citizens-rights

TOKYO (Kyodo) Three naturalized Japanese citizens found themselves on the wrong side of a decision that essentially restricts their ability to work as professional rugby players in their adopted homeland.

The Japan Rugby Football Union on Friday confirmed that the three, including two who are eligible to play for Japan in the Olympics, will continue to be denied Japanese status within the Top League simply because they are not eligible to play for Japan’s national rugby 15s side, the Brave Blossoms.

The purpose of the rule passed in 2016 to restrict Japanese status to those eligible to play for the Brave Blossoms was, according to Top League Chairman Osamu Ota, to bolster the strength of the national team. The argument that it discriminates against Japanese citizens was not enough to sway the JRFU.

The ruling leaves former All Black Isaac Ross, ex-New Zealand sevens player Colin Bourke and former Australia sevens player Brackin Karauria-Henry to be treated in the Top-League as ‘non-Japanese.’

Both Karauria-Henry and Bourke are being considered for Japan’s Olympics sevens team because the Olympic Charter defines a different set of eligibility conditions for naturalized citizens.

Ota said that the ruling could not be changed immediately as “it was not possible for teams to change their budgets and contracts ahead of the new (Top League) season,” which is set to start in January 2021.

The only thing the union did agree to change, for now, was the names of the player categories to remove any discriminatory terms such as Japanese, foreigner and Asian, and replace them with Category A, B, C etc.

“This does not affect the eligibility of the players and is nothing more than a cosmetic change,” said a source who had knowledge of the meetings between the players and the union.

Ota said the rule would be reviewed before Japan’s new league kicks off by early 2022, but that did not appease Ross. The 35-year-old became a citizen in 2017, having started the process in 2015 before the rule took effect.

The eight-time All Black was recently released by NTT Communications Shining Arcs after nine seasons, in part because his continued status as a non-Japanese means he only got limited playing time.

He is particularly upset that clubs are making use of the “eligible to play for Japan” status, even though many of those to whom it applies have no intention of playing for the national team.

World Rugby regulations state that a previously uncapped player must reside in a country for at least three years before they can play for it. But the JRFU deems anyone who has not played for another test team eligible for Japan.

“We had a player at NTT who was in Japan for just two years. He kept a Japanese player out of the starting team even though he himself was never going to play for Japan,” said Ross. “And yet someone who has shown their commitment to Japan like me has shown loyalty and benefited the Japanese game is being punished.”

Hideki Niizuma, a lawmaker in the House of Councilors, said the ruling was wrong.

“It is unreasonable that a player with Japanese nationality due to naturalization must be registered as a foreign player just because he has a history of representing a foreign country,” he told Kyodo News by email.

The 50-year-old Komeito party member, who played rugby at the University of Tokyo, said he would be seeking the opinion of “specialized agencies and experts such as the Japan Sports Law Association and the Japan Sports Arbitration Agency.”

While Bourke and Karauria-Henry look set to carry on in a league run by a union that, as Bourke puts it, “sees me as a foreigner but at the same time Japanese enough” to play for the hosts at the next Olympics, Ross is forced to continue his career overseas.

“The JRFU’s motto of ‘One Team’ and the Top League’s ‘For All’ aren’t consistent with their actions,” he said.
ENDS

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COMMENT: All this hair-splitting aside, the line to draw is simple:

Do you have legal Japanese citizenship or don’t you?

If yes, then you are a Japanese, and you are to be treated as one like everyone else, regardless of whatever career path you take (or how many “real Japanese” get shut out of NTT).

That’s what the Japanese Nationality Law says. And any further caveats or qualifiers render the status (and the entire point) of naturalization in Japan meaningless.

Moreover, it is extremely disrespectful towards the naturalized, who are compelled by the Nationality Law to give up any other citizenships. What is the point of that sacrifice if naturalization performatively does not award equality?

Sadly, this decision is not surprising for the Japan Rugby Football Union, given their long history of outright racism. In 2011, they blamed a poor showing in the 2011 Rugby World Cup on “too many foreign-born players on the team”and then ethnically-cleansed their ranks. Japan JFRU former president Mori Yoshiro, an unreconstituted racist (and extremely unpopular former Prime Minister) who considered the Reid Olympic figure-skating siblings to be “naturalized” (despite having Japanese citizenship since birth) and therefore unworthy to represent Japan, just happens to also head up Japan’s Tokyo 2020 Olympic efforts. I have little doubt he had a hand in this. Gotta protect the Kokutai of the “Kami no Kuni” (not to mention “bolster the strength of the national team”) from foreign impurities, after all. (As seen above, JRFU already had the Apartheid system of classifying athletes as “Japanese, foreigner and Asian”, performatively preserved as “Category A, B, C etc.” Phew, that’s much better!)

So once again, we are in a position to award a rare “Debito.org Dejima Award“, reserved only for the most head-spinningly obvious examples of racism in Japan, to the JRFU. This is only our ninth awarded, but it’s the second time the JRFU has received it. And four of the nine Dejimas have been for official racism within Japanese sports.

Might it not be time for Japanese-Haitian-American tennis champ Osaka Naomi (already quite vocal over BLM) to consider speaking up against discrimination against her fellow Visible Minorities in Japan’s athletics? Would be nice. Debito Arudou, Ph.D.

Reuters: Tennis star Osaka Naomi “a Jesse Owens of Japan”. I don’t think the comparison is apt, yet. She should also speak out for Japan’s Visible Minorities.

Posted on September 12, 2020December 5, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. A recent article in Reuters portrays Japanese-Haitian-American tennis star Osaka Naomi as “a Jesse Owens of Japan”. Article first, then my comment:

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Osaka ‘a Jesse Owens of Japan’ for racial injustice stand
Reuters, September 12, 2020 By Jack Tarrant

Courtesy https://www.reuters.com/article/us-global-race-japan-tennis-osaka-featur-idUSKBN2630F4

TOKYO (Reuters) – Naomi Osaka has been the dominant storyline of the 2020 U.S. Open, both for on-court performances that mean she will be playing in Saturday’s final and for her vocal support of the Black Lives Matter (BLM) movement.

Before each match, Osaka has worn a mask bearing the name of a different Black American in a powerful symbol of her support for the fight against racial injustice in the United States.

Osaka, who has a Japanese mother and Haitian father, may represent Japan but she lives in Los Angeles and has joined several BLM protests across the country this year.

Although her focus has been on racial injustice over the last few months, the 23-year-old has long been a symbol for change in Japan.

Osaka is one of the country’s most recognised personalities and has become the face of a changing Japan coming to terms with challenges to its self-image as a racially homogenous society.

Baye McNeil, a prominent Japan-based African-American author and activist, sees Osaka as the next in a line of great Black athlete activists such as boxer Muhammad Ali and sprinter Jesse Owens.

“Muhammad Ali… put his career on the line in order to protest things that he thought were unjust or just wrong. And I think Naomi is on that path,” McNeil told Reuters from Yokohama.

“She is joining a community that has a history, has a legacy, going all the way back beyond Jesse Owens. In fact, what she is doing is very in line with Jesse Owens. Not necessarily for her impact on America but on Japan.

“I kind of think of her as a Jesse Owens of Japan.”

CHANGING THE NARRATIVE

McNeil, who moved to Japan 16 years ago, believes Osaka and other biracial athletes like basketball player Rui Hachimura and Chicago Cubs pitcher Yu Darvish can be catalysts for change just by competing.

“It doesn’t even require them to say anything, you just look at them and say ‘Oh my God, this is a Black woman representing Japan,’” he said.

“This is something Japan has never faced before and I am not sure how exactly they are going to resolve this, or how they are going to modify the narrative, but some modification is required.”

Jaime Smith, who helped organise June’s BLM protest in Tokyo, thinks many Japanese people do not see Osaka’s activism as relating to their own country.

“They see it from the viewpoint that she is a Black American woman, even though she’s half Japanese, and she is speaking out about an American problem, so I still think there’s some wilful ignorance there,” Smith told Reuters.

“That’s … the kind of mindset we are trying to change.”

Smith, who moved from the U.S. to Japan three years ago, sees Osaka as the perfect person to push through this change.

“She is at a point where she is huge worldwide and people can’t help but listen to her,” she said.

“I think this is the perfect time to do what she is doing.”

JAPANESE SPONSORS

Following her 2018 U.S. Open triumph, Osaka attracted a large number of sponsors, many of them big Japanese brands, and became the world’s highest paid female athlete, according to Forbes.

These sponsors have not always been supportive of Osaka’s campaigning against racial injustice, however.

A report in Japanese newspaper Mainichi on Friday [see below] cited unnamed sources at one of her sponsors as criticising her BLM stance, saying they would prefer her to concentrate on tennis.

If some in Japan are struggling to come to terms with Osaka’s activism, this was not apparent at Tokyo’s Godai tennis club on Saturday morning.

“With the face masks, I perceive a kind of determination that she is facing her matches with these thoughts,” said Chika Hyodo.

“I think she is trying to fulfil the role she was given as an athlete and I feel awesome about it. I support her.”

Osaka was a hot topic of conversation at the club as the younger members had their weekly lessons and there was no sign that her activism was having any impact on her popularity.

“She is a Japanese, strong female tennis player,” said 10-year-old Ai Uemura.

“I think it’s great that she entertains people.”
ENDS
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COMMENT FROM DEBITO: What a way to end an article: With an interview with a ten-year-old and some unqualified stranger at some tennis club, as somehow representative of “Japan’s reaction”. That’s some lazy research and poor social science there, Reuters.

Now, as far as Osaka’s activism is concerned, I support the fact that she is bringing to light racial injustice, and is willing to take a stand in public to do so.

However, remember that this is a stand against racial injustice in another country. Not in Japan. This is an easier target because a) Japan has long taught about racism in other countries (particularly America’s) as part of a narrative that racism “happens elsewhere, not here”, so this unfortunately plays into Japan’s grander deflection strategy; and b) this protest doesn’t imperil her sponsorship in Japan, where her money is coming from.

Yet racism, as this blog and my research have covered for more than a quarter century, is alive and “practiced undisturbed” (according to the United Nations) in Japan. That’s worth protesting. So is racism in America, of course. But there are plenty of high-profile voices involved in that already. What is sorely needed is someone standing up for the equal and nondiscriminative treatment of, for example, Japan’s Visible Minorities (a group Osaka herself is a member of).

Others have tried, such as VM Japanese beauty queens Miyamoto Ariana and Yoshikawa Priyanka, and their careers in Japan suffered as a result. Osaka Naomi, as Debito.org has argued before, has a stronger immunity card to criticize Japan (as long as she keeps winning) if she so chooses.

It’s still unclear she will ever choose to. The last big opportunity she had, when her sponsor Nissin “whitewashed” her in one of their ads, she declined to make an issue of. (Imagine the reaction, however, if an American advertiser had done something so stupid.) That’s an enormous disappointment, but indicative of her priorities. And a bit ironic in light of how Japanese society treated her multiethnic family.

Finally, comparisons with Jesse Owens and Muhammad Ali? I’ll let others who are more qualified to shape that narrative speak more to that. But just consider Jesse Owens’ history: a person who protested the segregation and lack of sponsorship he received in his home country of America (to the point of repeatedly, and poignantly, pointing out that Hitler acknowledged his achievements more than President Roosevelt did). However, his legacy has been portrayed more in my history books as a counternarrative to White Supremacism in Nazi Germany. That in itself, of course, is very welcome, but it’s not quite the whole story.

As for Muhammad Ali, there’s a lot to unpack there because he did so much, but remember that he was suspended from boxing during the best years of his career for protesting the Vietnam War and refusing to be drafted. Again, protesting racial injustice in his country of sponsorship. That’s real sacrifice and heroism.

My point is that the more one tries to apply their cases to Osaka’s case, the more inapt the comparisons become. Being in a position of “it doesn’t even require them to say anything” is not what happened in either Owens’ or Ali’s case. Especially when you consider that Owens’ and Ali’s protests were more directed towards their country of sponsorship. That’s not what Osaka is doing here.

Again, I praise Osaka Naomi for taking a public stance against racism in the United States. But let’s keep things in perspective, and not let praise become unqualified gush.

And let me suggest she speak out on behalf of her fellow Visible Minorities in Japan too. Not just dismiss racism in Japan as an issue of “a few bad apples” (which can be — and has been — applied to any society as an excuse for racist behavior). Debito Arudou, Ph.D.

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The Mainichi article cited by Reuters above:

Japanese sponsors of tennis star Naomi Osaka not 100% on board with anti-racism actions
September 11, 2020 (Mainichi Japan)
https://mainichi.jp/english/articles/20200911/p2a/00m/0na/023000c

TOKYO — The anti-racism stance taken by tennis player Naomi Osaka on the courts of the U.S. Open has drawn widespread attention from the public and elicited differing responses from her sponsors in Japan and elsewhere.

Starting with her first match, Osaka entered the court wearing a black mask with the name of Breonna Taylor, a Black woman who was killed at the hands of police, on it as a call for an end to racial discrimination.

“I don’t think she needed to do that while she’s fighting her way to the top. If possible, we’d like her to attract more attention with her tennis skills,” said a source linked to a Japanese corporate sponsor of Osaka’s. “She’s taken on a leadership role as a Black person, and what she’s doing is great as a human being, but whether that will help raise the value of a corporate brand is another thing. There hasn’t been any impact in particular, but it’s not something we’re openly happy about.”

Another source linked to a different Japanese corporate sponsor said, “I think it’s wrong to bring the issue of racial discrimination and her trade, tennis, together.”

Meanwhile, one of her other sponsors, an American corporation, has reacted very differently. A person involved with the company said that in the U.S., it’s riskier not to say you take a stand against racial discrimination, because if you don’t say anything, you could be seen as being accepting it. They said that there are a lot of companies that uphold diversity and inclusion and also agree to help stop discrimination as part of their corporate principles.

After Jacob Blake, a Black man, was shot in the back seven times by police in Kenosha, Wisconsin, in late August, NBA teams boycotted games in protest of the incident, and MLB games were postponed due to players refusing to play. Naomi Osaka announced she was withdrawing from the Western & Southern Open semifinals — a qualifier for the U.S. Open — in protest. Soon thereafter, the tournament decided to postpone the match by a day in solidarity with the protesters, and Osaka decided she would play the next day, sending a strong message to the world.

In the NBA, where the majority of players are Black, actions taken to demand an end to racial discrimination are not uncommon. An official from a management company that has a contract with a Black NBA player explained that the top athletes have the strongest awareness that they must take the initiative to act as a representative of the Black community. And Black children, they said, dream of getting into the NBA, watching those top-tier athletes.

There are some compromises that Osaka, who was born to a Haitian father and a Japanese mother, and grew up in the U.S. since she was three, is not willing to make.

“If I can get a conversation started in a majority white sport I consider that a step in the right direction,” she wrote in her now-famous tweet.

Osaka arrived at the U.S. Open with seven masks, one for each round of the tournament, and each emblazoned with the name of a Black person who had been a victim of police violence. She’s worn six now.

What drives Osaka is her hope that people will get to know the victims better, and do what she can to prevent younger people from suffering from racial injustice.

(Japanese original by Hiroyuki Asatsuma, Sports News Department)

Japanese Version
なおみの人種差別抗議に国内外で温度差　スポンサーの微妙な事情
毎日新聞2020年9月11日 (excerpt)
https://mainichi.jp/articles/20200910/k00/00m/050/300000c
テニスの全米オープン女子シングルスで、人種差別への抗議を続ける大坂なおみ（22）＝日清食品＝の行動が、大きな反響を呼んでいる。1回戦から黒人差別による被害者の名前が書かれた黒いマスクをつけてコートに入場し、差別撤廃へのメッセージを発信しているが、大坂を支援する国内外のスポンサー企業では受け止め方に温度差がある。その事情とは？【浅妻博之】

「上まで勝ち上がっている時にやらなくてもね。できればテニスのプレーでもっと目立ってほしいんですけど……」。そう話すのは大坂を支援する日本企業の関係者だ。「黒人代表としてリーダーシップをとって、人間的にも素晴らしい行為だとは思うが、それで企業のブランド価値が上がるかといえば別問題。特に影響があるわけではないが、手放しでは喜べない」と複雑な心境を打ち明けた。また別のスポンサー企業関係者からは「人種差別の問題と本業のテニスを一緒にするのは違うのでは」との声も聞こえてきた。

一方でスポンサーの一つである米国系企業の反応は違う。この…
Full article at https://mainichi.jp/articles/20200910/k00/00m/050/300000c

Updated petition against Japan Foreign Resident Re-Entry Ban: Still discriminatory: Requires extra hurdles for all NJ only, including extra GOJ permissions and overseas Covid tests

Posted on September 1, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Debito.org Reader Sven Kramer sends this update to a petition he launched against the Japanese Government’s Re-Entry Ban on visa-carrying NJ Residents, who were barred (unlike Japanese citizens) on an unscientific supposition that foreigners are more likely to carry Covid. And this racist policy caused great hardship to many.

As of September 1, 2020, thanks in part to some impressive international and domestic protests, the Japanese Government as amended this ban. Now it’s no longer a blanket ban. Instead, there are extra hoops, including an exit permission and an unreasonable expectation of test results abroad (when domestic tests can reveal the same symptoms) that are only applied to foreigners, same as before.

Moreover, Japanese citizens are still treated as less likely to have disease, in spite of all the science that shows that Covid does not recognize differences in nationality. Consider this new report from the Japan Times, excerpting (courtesy of W):

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[…] Even so, entry procedures will differ for those abroad who are seeking re-entry and residents in Japan who are planning to leave… [sparking concerns that even legal residents may face deportation due to unclear and strict requirements that differ from those applied to residents with Japanese passports].

Non-Japanese who left Japan by the end of August will need to contact the nearest Japanese Embassy or diplomatic office to acquire a letter confirming they have valid visas and are allowed to return. Those who left as early as April 3 or after travel restrictions were imposed on their destinations, and were denied the right to return as their circumstances did not qualify for exceptional treatment, will also be able to obtain such certificates.

People who are planning to leave Japan after Sept.1 are required to give the Immigration Services Agency detailed plans on their itinerary and will be allowed to travel as soon as they receive a document confirming the request has been accepted. They will not need to apply for additional documents from an embassy or consular office.

The ISA has warned, however, that they may suspend document issuance for applicants seeking re-entry if testing capacity at airports is insufficient to handle all foreign travelers. Japan was planning to boost its testing capacity to 10,000 per day at the major international airports ー Haneda, Narita and Kansai.

The ISA is set to disclose an email address where requests for re-entry can be sent on its website at noon on Tuesday. Travelers will need to input their residence card number, nationality, and other details as stated on their passport, as well as details of the trip, including destination, planned departure and re-entry dates and information on which airports the traveler will use.

Residents planning to leave between Tuesday and Sunday are requested to share the date of their return during the departure procedure at the airport.

However, starting from September, all non-Japanese, including permanent residents, will be required to undergo specific tests for COVID-19 in accordance with Japan’s guidelines prior to their leaving for Japan. The government has warned that not complying may result in denied entry.

The Immigration Services Agency has claimed the strict conditions are aimed at limiting the spread of the virus in Japan. In contrast, however, Japanese nationals coming from abroad are not required to undergo pre-entry tests for COVID-19…

Full article at:https://www.japantimes.co.jp/?post_type=news&p=2739610
===============================

Sven’s amended petition is below, forwarding with permission. Feel free to sign it. Debito Arudou, Ph.D.

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https://www.change.org/p/stop-the-entry-ban-on-legal-foreign-residents-of-japan/u/27637556

About the lifting of the reentry ban against legal non-Japanese residents of Japan since September 1

クラーマースベン

Japan

SEP 1, 2020 —

About the lifting of the reentry ban against legal non-Japanese residents of Japan since September 1, 2020, and the future of this petition

Since September 1, 2020, all legal non-Japanese residents of Japan can leave and reenter the country. This is a very important and uplifting development. With this most recent easing of restrictions, almost all points of this petition were met.

However, one vital point of this petition (equal treatment of all legal residents at the border regardless of nationality) is still not fulfilled. Only non-Japanese residents have to apply for a Receipt for Request of Re-entry at the Immigration Services Agency before departing from Japan. No explanation in given why this is necessary and why a valid residence card and the normal reentry permit is not enough. Furthermore, only non-Japanese residents (except for diplomats and special permanent residents) have to take a PCR test abroad within 72 hours before the departure for Japan. However, this requirement can nobody meet who stays in a country which does not test people without symptoms or does not deliver the results on time. And anyway, the PCR test at the Japanese port of entry should suffice. Residents of Japan have Japanese health insurance. This is why they are entitled to treatment in Japan if the PCR test at the Japanese airport should turn out to be positive.

Requesting negative PCR tests before going to Japan should be limited to non-Japanese who want to newly enter Japan. This requirement should not be bestowed upon legal residents, who have their livelihoods already in Japan. Therefore, this petition is going to continue until the requirement of PCR tests abroad is abolished for all legal residents of Japan regardless of nationality.

The official documents in question by the Ministry of Justice of Japan:
“Regarding denial of landing to prevent the spread of COVID-19”: http://www.moj.go.jp/content/001327574.pdf
“Additional Epidemic Prevention and Control Measures for the Entry of Re-entry of Foreign Nationals”: http://www.moj.go.jp/content/001327575.pdf

Japanese Version:

令和2年9月1日開始の再入国拒否政策の緩和と今後の対応について

日本の中長期在留資格を有する外国人（外国籍の住民）は令和2年9月1日から水際対策が大幅緩和され、海外旅行の後で再入国できるようになりました。これは嬉しいこととして評価します。これで本陳情書の請願がほとんど叶いました。

しかし、本陳情書の重要な請願の一つ（外国籍住民と日本国籍保持者ならびに特別永住者との同等な待遇）にまだ適合していません。具体的には、外国籍住民だけ海外へ出国前に出入国在留管理庁に届け出なければなりません。なぜ有効な在留カードと通常の再入国許可だけで足りないのか、どこにも説明されていません。そして、8月5日からのルールと同じように、日本に帰る前に渡航先で出発前72時間以内に陰性のPCR検査の証明書を手に入れなければなりません（「外交」、「公務」、「特別永住者」という在留資格・身分を除く）。ただ、これは渡航先によってクリアできない条件です。症状がないと検査が受けられない国または検査結果が72時間以内に出ない国からの出発だったら、クリアできません。しかし、日本の空港でのPCR検査だけで十分のはずです。なぜかというと、住民は日本の健康保険に加入しており、仮に再入国時のPCR検査を陽性であっても、日本の健康保険を使った上日本の医療機関で治療を受ける権利があるはずです。

海外で出発前のPCR検査は新規に入国しようとする外国人に対して求めるべきだと考えております。すでに生活基盤を日本に築いたものに対する待遇であるべきではありません。よって、国籍を問わず日本の全住民に対して海外でのPCR検査を受ける義務が撤廃されるまで本陳情活動を続けます。

法務省HPからの史料：
新型コロナウイルス感染症の拡大防止に係る上陸拒否について（令和2年8月28日現在）: http://www.moj.go.jp/content/001327502.pdf
外国人の入国・再入国に係る追加的な防疫措置について（令和2年8月28日現在）:　http://www.moj.go.jp/content/001327504.pdf

Debito’s SNA Visible Minorities 13: “Japan’s Cult of Miserable Happy”, Aug 24, 2020, questioning whether “omotenashi” Japan is actually all that hospitable to anyone, what with such a strong “culture of no”

Posted on August 24, 2020August 24, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s my latest column. Enjoy the rest of your summer in the Northern Hemisphere. Debito Arudou, Ph.D.

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Visible Minorities: Japan’s Cult of Miserable Happy
Shingetsu News Agency, Column 13, AUG 24, 2020
By DEBITO ARUDOU
http://shingetsunewsagency.com/2020/08/24/visible-minorities-japans-cult-of-miserable-happy/

…These are sobering times for Japan fans. Thanks to the pandemic, even the most starry-eyed and enfranchised foreigners are having their bubbles burst, realizing that their status in Japan, no matter how hard-earned, matters not one whit to Japan’s policymakers.

As covered elsewhere, current immigration policy dictates that Japanese citizens can leave and re-enter the country at will, as long as they subject themselves to testing and quarantine upon return. But that doesn’t apply to Japan’s resident non-citizens.

Despite widespread protest (and some token revisions), they still generally get barred from re-entry, meaning thousands of foreign workers, spouses, and students are either stranded overseas, watching helplessly as their Japan livelihoods and investments dry up, or stranded in Japan unable to attend to family business or personal tragedy, at a time when thousands of people worldwide die of Covid daily.

Targeting all foreigners only as vessels of virus makes it clearer than ever that Japan’s requirements for membership are racist. It strips yet another layer of credibility from the “Cool Japan” trope, such as the overhyped “culture of hospitality” (omotenashi) during Japan’s buildup to the 2020 Tokyo Olympics.

Since this is an opportune time to remove layers of lies from Japan’s narrative, let’s address another one: That Japan is an unusually hospitable place…

Read the rest at http://shingetsunewsagency.com/2020/08/24/visible-minorities-japans-cult-of-miserable-happy/

Followup: Mark proposes a class-action lawsuit, against Japan Govt for Foreign Resident Travel Ban, to Human Rights Watch Japan

Posted on August 5, 2020August 14, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Following up on yesterday’s post, Debito.org Reader Mark proposes that Human Rights Watch Japan, which recently decried Japan’s horrible travel ban on Non-Japanese Residents of Japan, think about organizing a class-action lawsuit against the Japanese Government. The New York Times just did a good article on the ban, while Debito.org, has written extensively on it (start here), and there’s an online petition here giving you even more information. Brief commentary for me only, back to Summer Mode; so Mark, take it away. Forwarding with permission. Debito Arudou, Ph.D.

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Readers of debito.org could write their experiences to:
“Human Rights Watch”
Japan Director – Dr. Doi Kanae
Email: tokyo@hrw.org
https://twitter.com/kanaedoi

From: Debito.org Reader “Mark”
To: Human Rights Watch Japan ヒューマン・ライツ・ウォッチ日本代表
Doi Kanae 土井香苗様,

I am a PhD Student at the Graduate School of Medicine, The University of XXXXXX. I obtained an MD Degree in XXXXXX (my native country).

I would like to point the fact that foreigners in Japan (including me) have been severely affected by a political decision implemented in the form of a travel ban. Here are some details: https://www.debito.org/?p=16095

As a consequence, thousands of families in Japan have been divided and many have suffered mental distress.

As a majority of foreign residents in Japan have low socioeconomic status, it is almost impossible for most “gaikokujin” to challenge the Travel Ban in courts in Tokyo (due to lawyer’s expenses). I have been in contact with some academics and lawyers in Japan and one of them suggested the idea of filling a “Class Action Lawsuit” in Tokyo because the “Travel Ban” violates Article 14 of Japan’s Constitution:

第十四条　すべて国民は、法の下に平等であつて、人種、信条、性別、社会的身分又は門地により、政治的、経済的又は社会的関係において、差別されない。
Article 14. All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.

An American Lawyer at an International Firm in Tokyo privately agreed but recommended proceeding in court via an NGO.

Would it be possible for Human Rights Watch Japan to fill a “Class Action Lawsuit” to protect migrants, refugees and all the foreign community in Japan?

Sincerely, Mark
Email: (new) debitoorg.classaction.petrographers@protonmail.com

Before sharing your story, please create a “ProtonMail” account for end-to-end encryption.

All the information provided is STRICTLY CONFIDENTIAL. Your story would be analyzed by:
– Debito.org [ debito@debito.org ]
– Human Rights Watch Japan [ tokyo@hrw.org ]
– Embassy/Consulate

PS. My PhD Studies are in the Field of Microbiology, Pathology and Immunology. There are absolutely no medical reasons to support the travel ban. It is just racial discrimination as described on www.debito.org

UPDATE AUG 10, 2020 FROM MARK:

Debito.org readers are welcome to write how the travel ban affected you and your family.

Please send a copy of your experience in your native language to:
debitoorg.classaction.petrographers@simplelogin.co

We are collecting evidence for a lawsuit and need your help!

PS. Any language is acceptable; English, Japanese, Romance languages (French, Spanish, Italian), Chinese, Korean, etc.

Summer post: Human Rights Watch calls for law against racial discrimination in Japan, in light of COVID and BLM

Posted on August 4, 2020August 4, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. It’s deep summer in the Northern Hemisphere, and as always, Debito.org is taking a more relaxed stance towards posts with deep commentary this time of year. Better yet, when people send me items that can be copy-pasted, that makes blogging even easier. So let me turn the keyboard over to Debito.org Reader Mark, who sends the following. Debito Arudou, Ph.D.

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Dear Debito,

Doi Kanae, a Japanese Lawyer (specialized in Immigration, Refugees and Constitutional Law) wrote an article in Human Rights Watch calling for Japan to pass a law against racial discrimination. This can be published on Debito.org as an entire post in Japanese with English translation:

https://www.hrw.org/ja/news/2020/06/19/375529

Regards, Mark

Japanese Original:
「ブラック・ライブズ・マター」（黒人の命も大切だ）と、人種差別に抗議するデモが米国から世界に広がり、日本でも行われた。日本も批准する人種差別撤廃条約で、人種差別とは人種だけでなく皮膚の色や民族による差別も含むとされる。

日本でも在日コリアンなど、差別や偏見にさらされてきた人々がいる。二〇一七年公表の法務省調査では、外国人であることを理由に就職を断られた人が２５％、入居を断られた人が約四割いた。差別を受けてどこかに相談した人は約１１％。被害者が泣き寝入りしている実態が浮かび上がる。

新型コロナウイルス拡大前、日本は慢性的な人手不足にあり、政府は新たな在留資格を創設した。感染が収束すれば、外国人を積極的に迎える状況に戻るだろう。人種、民族、宗教、国籍が異なる多くの人たちと一緒に生きる社会に向けて、日本は準備ができていないと言わざるを得ない。

私は長年、多くの先進国と同様に日本も「人種差別禁止法」を制定する必要があると考えてきた。政府がルールを示す効果は、男女雇用機会均等法が成立して数十年で、採用や解雇、セクハラなどの分野で社会が大きく変わったことを考えればわかりやすい。真の男女平等には遠いとはいえ、もし法律もなかったらと考えると、空恐ろしい。

今こそ、人種差別禁止法の議論を始めるときだ。

（ヒューマン・ライツ・ウォッチ日本代表）
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Google’s Translation:

“Black Lives Matter” (black lives are also important) and a protest against racism spread from the United States to the world and were held in Japan. The Convention on the Elimination of Racial Discrimination, which is also ratified by Japan, is said to include not only racial discrimination but also discrimination based on skin color and ethnicity.

Even in Japan, there are people who have been exposed to discrimination and prejudice, such as Koreans living in Japan. According to a Ministry of Justice survey released in 2017, 25% of the people were refused employment because they were foreigners, and about 40% were refused. About 11% of people consulted somewhere because of discrimination. The fact that the victim is crying himself to sleep instead of getting assistance becomes apparent.

Before the spread of the new coronavirus, Japan had a chronic shortage of manpower and the government created a new status of residence. Once the infection is settled, it will return to the situation of actively accepting foreigners. It must be said that Japan is not ready for a society that lives with many people of different races, ethnicities, religions, and nationalities.

For many years, I have thought that Japan, like many developed countries, needs to enact “Racism Prevention Law.” The effect of the government’s rule is easy to understand, considering the fact that societies have changed significantly in the fields of hiring, dismissal, and sexual harassment in the decades since the Equal Employment Opportunity Law was enacted. Though far from true gender equality, it would be horrifying if there were no law.

Now is the time to start discussing anti-racism laws.

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

SIM on the text of the Ministry of Justice’s “Foreigner Re-Entry Ban”, on paper. Debito.org Readers are invited to offer their experiences in practice.

Posted on July 22, 2020July 31, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Let me reproduce here some a comment that Debito.org Reader SIM made elsewhere:

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SIM: I haven’t posted here in quite some time, but with the abhorrent situation as it is I must say something. The reprehensible circumstances for Chris above are something that nobody should face at any time in their life. The manner in which the government has taken this policy of banishing any legal resident with a foreign passport from returning to their livelihood, their family and any assets that they hold if they set one foot outside Japan because of a virus that cannot see the color of said passport is underhand to say the least.

Adding insult to injury is the law on which the MoJ is basing this discriminatory treatment. From a document called “Regarding refusal of landing to prevent the spread of COVID-19 (novel Coronavirus)” on the MoJ website, I have found that the legislation relied upon is Article 5 of Immigration Control and Refugee Recognition Act which reads as follows:

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

“Article 5 (1) A foreign national who falls under any of the following items is denied permission to land in Japan:
“Paragraphs (i) to (xiii) (abbrev.)
“(xiv) Beyond those persons listed in items (i) through (xiii), a person whom the Minister of Justice has reasonable grounds to believe is likely to commit an act which could be detrimental to the interests or public security of Japan.
“(2) (abbrev.)”

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

Basically, this shows that the government of Japan believes that, with the outbreak of COVID-19, notwithstanding the fact that we may be legal residents and taxpayers, anybody with a foreign passport is a ‘danger’ to the nation and should be banished if they dare to venture outside of its borders.

This is literally the Government of Japan sticking their middle finger at us who have contributed so much to the nation. With one 3 page notice, the MoJ has arbitrarily revoked both our legal status here and the basic human rights to free movement and to domicile, not to mention the human rights of our spouses and children.

Frankly, with the government’s complete lack of abilities and policies for the current pandemic, and now this, the latest instance of their complete disregard for legal residents, I’ve had enough. After 36 years here, with nearly 30 years as a law abiding taxpayer, I’ve decided to get out while I still can. I am in the process of tying up all loose ends and returning to my country of birth, which I might add has not had any community trasmission of COVID-19 for over two and a half months. Regards, SIM.

(The MOJ documentation of border re-entry rules for non-citizens, as of July 1, 2020, is at the bottom of this blog post.)

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COMMENT: Debito.org invites Readers to comment on their experiences with the Ministry of Justice at the border. Whether it’s a) you left and re-entered without incident, b) you inquired about leaving in advance and received information that inspired or dispelled confidence in the process, c) you received an unexpected surprise at the border despite all the information you had, or d) you wound up in exile, etc., please let us know. Please use a pseudonym. Debito Arudou, Ph.D.

What follows are some excerpts of some of what I’ve heard so far. Click on the names to read the full comment.

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

Chris: “I had to go to a separate counter and forced to sign documentation barring me from re-entry which I reluctantly signed because had I not signed, immigration officials probably wouldn’t have let me proceed or questioned me. Had I known that I was essentially forced to sign documentation barring me from re-entry, I would’ve considered not leaving. Now, I can no longer see my wife and children.”

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

Japan Times courtesy Rochelle Kopp:

“Japan was been unique among the G7 nations in treating its foreign residents differently from its citizens, who are allowed to enter the country as long as they submit to a PCR test at their port of entry and agree to isolate themselves for two weeks afterward… The government permits exceptions to the re-entry ban on humanitarian grounds, such as when someone needs to visit a critically ill relative or attend a funeral. Decisions are made on a case-by-case basis, however, which doesn’t allow for certainty or reliability… A recent survey conducted by the German Chamber of Commerce and Industry in Japan of its members showed that 78 percent of them regard the entry ban as a significant burden to their businesses. In addition, 79 percent of the affected companies say their turnover is endangered because ongoing projects cannot be completed and new projects cannot be initiated.”

Amelie Le Boeuf: “I resent having all the obligations of a Japanese citizen when it comes to paying tax etc., but not the same protection. Seeing how my fellow foreign residents are being treated makes me feel like we’ll always just be ‘pawns,’ second-class residents, that can be discarded whenever Japan enters into a crisis period.”

Joe Van Alstyne: “Many of us are committed to living here and do everything we can to positively contribute to Japanese society. But this situation feels like we’re being treated no differently than basic tourists, despite the work we’ve put in to live here.”

Law Professor Colin P.A. Jones: “The courts have always been clear that non-Japanese people have no constitutionally protected ‘right of sojourn’ to leave the country temporarily and freely return. What we are now seeing is just a manifestation of a basic legal question that has always been there for non-Japanese residents: How safe is it to invest in Japan — time, energy, capital — if you suddenly may be unable to enter (or re-enter) the country?”

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

Chottomat: “I’m going to leave Japan on 7th August for the UK for ‘medical reasons’ with my spouse visa. I phoned the immigration and they said it was a case of “on the day you return, you state your reason for leaving to the immigration clerk, and they decide on the spot whether to let you back in or not. Supporting documentation would help, he said. Still doesn’t get around the blatant racism, though.”

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

Realitycheck: “A Japanese person I know had the audacity to shrug off members of his international company being refused entry to Japan. He said it wasn’t discrimination but I put him right about that. I also told him he had benefited greatly from the non Japanese system in his company and had he been a foreigner in a Japanese company, he would never have reached his current position of privilege. He probably won’t speak to me again but that’s fine. This and other attitudes from a Japanese who has lived abroad and been given equal treatment in non-Japanese societies and companies, are pretty normal.”

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

Ben: “Australia ensured that its permanent residents could return, particular if they had immediate family in Australia. Why should Japan bar me from returning? It’s simply unfair!”

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

Niklas: Did anyone see the press conference with the Minister of Foreign Affairs? Basically this guy doesn‘t care at all that all foreign residents are barred from entering the country. Japan isn‘t even hiding it anymore, they just don‘t give a damn about foreign residents.
https://www.youtube.com/watch?v=Qx-0he_oj20

Because of that Germany decided to ban Japanese travelers as long as German residents are not allowed in to Japan.
https://japan.diplo.de/ja-ja/service/-/2321032

Note how this only applies to travelers, since banning legal non German residents would be illegal according to German law of course.

出入国制限

ドイツへの渡航

疫学的状況が一部改善したことを受け、EU理事会は2020年6月30日にEU委員会による入国制限緩和に関する草案に基づく勧告を採択しました。この勧告に従って、加盟国では段階的に制限が緩和されていきます。理事会勧告では、制限緩和にあたって相互性も考慮されるべきであるとしています。

日本の長期滞在資格を持ったドイツ人が日本からドイツに渡航する場合、管理された枠組みの中で日本に再入国できる見通しが持てるようになることが、ドイツ連邦共和国にとって特に重要な懸案となっています。また、それ以外のドイツ人に関しても、特段の理由がある場合は管理された枠組みの中で日本への入国が認められるべきです。そのため、ドイツから日本への渡航者への入国制限緩和が合意に至るまで、当面、日本からドイツへの渡航者の入国制限は継続されます。

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

Jaocnanoni: “There are no regular direct connections between Japan and a country not on the ban list, and just changing planes at an airport in a country on the list makes you eligible for the ban. Under this circumstances it’s boiling down to a de facto blanket ban, and the few exceptions in place aren’t applicable for the vast majority of NJ residents.”

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

Sven Kramer: “– The number of foreign long-term residents, permanent residents and foreigners who live as relatives of Japanese citizens, is more than 2 million people.
– They are equal to Japanese citizens in regard of being part of Japanese society, and contributing daily to Japan as employees, teachers, business owners, or tax payers, to name a few of their contributions.
– Because of this, if they have to travel abroad for a very good or unavoidable reason, they must not be subject to the generic entry ban like short-term visitors and should be granted reentry into Japan under the same conditions that apply to Japanese citizens and special permanent residents immediately.
– One part of Japanese society must not be treated like random visitors even under the intention to prevent the international spread of COVID-19.
– Especially the reentry ban on foreign relatives of Japanese citizens is a huge problem, which is not only a human rights violation, but probably a violation of Japan’s constitution, too.”

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

John: Latest iteration, courtesy of the Ministry of Foreign Affairs, as of July 22, 2020:

https://www.mofa.go.jp/ca/fna/page4e_001053.html

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

The MOJ documentation as of July 1, 2020, courtesy of SIM (click on image to expand):

(Originals on MOJ site here)

ENDS

“A Despotic Bridge Too Far”, Debito’s SNA Visible Minorities column 12 on Japan’s racist blanket ban on Foreign Resident re-entry, July 20, 2020

Posted on July 20, 2020June 29, 2022 by Debito Arudou, Ph.D.

mytest

Visible Minorities Column 12: A Despotic Bridge Too Far
By Debito Arudou, Shingetsu News Agency, July 20, 2020

http://shingetsunewsagency.com/2020/07/20/visible-minorities-a-despotic-bridge-too-far/

SNA (Tokyo) — How bad does it have to get? I’m talking about Japan’s cruelty and meanness towards its Non-Japanese residents. How bad before people think to step in and stop it?

I think we now have an answer to that due to Japan’s recent policy excluding only foreigners from re-entry at its border, even if they’ve lived here for decades, as a by-product of the Covid-19 pandemic. Japanese re-entrants get let in after testing and quarantine; no other G7 country excludes all foreigners only.

Consequently, many Non-Japanese residents found themselves stranded overseas, separated from their Japanese families, lives and livelihoods, watching their investments dry up and visa clocks run out without recourse. Or perhaps found themselves stranded within Japan, as family members abroad died, and the prospect of attending their funeral or taking care of personal matters in person would mean exile.

However, protests against this policy have been unusually mainstream, including institutions who have been for generations largely silent regarding other forms of discrimination towards foreigners in Japan. Consider these examples of how institutionalized and embedded racism is in Japan:

You’re probably aware that Japan has long advertised itself as a “monocultural, homogeneous society,” denying that minorities, racial or ethnic, exist within it. But did you know that Japan still refuses to include Non-Japanese residents as “people” in its official population tallies? Or to list them on official family registries as “spouses” of Japanese? Or that Japan’s constitution expressly reserves equality under the law for Japanese citizens (kokumin) in its Japanese translation? This complicates things for all Non-Japanese residents to this day.

Consider how Japan’s law enforcement system still willfully targets “foreigners” for special treatment and racial profiling, encouraged by a system of registration and random street identity checks that apply to Non-Japanese residents only.

With prosecutorial presumptions of guilt and lack of human rights for foreigners, more have been incarcerated as a percentage of the population than Japanese. That is what you get when a criminal justice system has a separate track for detention, incarceration, interrogation, and jurisprudence against foreigners, one so rigged that even a foreigner as powerful as former Nissan Chairman Carlos Ghosn, despite a weak case against him, couldn’t buy, bully, or lawyer his way out of.

Then we get to Japan’s mass media, which still more often portrays “foreigners” at best as quirky outsiders and guests, at worst as terrorists, criminals, and vectors of disease. That’s before we get to the random expressions of racism and “othering” that are rife and largely unproblematized in Japan. Rarely does mainstream media salute Non-Japanese residents for their contributions to Japanese society, even as taxpayers.

Yet Japan still wants people to come work on temporary revolving-door visas, including so-called “trainees” hired without any labor rights. But when Non-Japanese residents stick it out and devote their lives to Japan, they get little encouragement to stay on permanently, naturalize, or otherwise become “Japanese.” The general expectation remains that foreigners are in Japan for a period of time to profiteer before they “go home.”

This happens despite foreigners being consigned to jobs on the margins of society, such as menial workers, entertainers, non-executive bureaucrats, healthcare workers, small-time businesspeople, and non-tenured educators. Where are the Non-Japanese licensed professionals in more influential fields like doctors or lawyers?

A handful of foreigners get promoted with great fanfare, but they remain statistical asterisks, not mainstream influencers. Positions of real power are reserved for Real Japanese, and foreigners are second-class subordinates. If not, suddenly it’s Nippon ja nai mitai (Japan is not the Japan we know). Quite.

So back to the opening question: Even with all this, how bad does it have to get before the mainstream begins to cry discrimination? The answer: Covid-19 bad.

Thanks to the re-entry ban last April, many Non-Japanese residents found themselves stranded overseas, separated from their Japanese families, lives and livelihoods, watching their investments dry up and visa clocks run out without recourse. Or perhaps found themselves stranded within Japan, as family members abroad died, and the prospect of attending their funeral or taking care of personal matters in person would mean exile.

Granted, the US government recently tried something similar when, on July 6, Immigration and Customs Enforcement unilaterally decided that all foreign students taking online classes only would have their student visas cancelled.

That lasted about a week. Prominent universities (such as Harvard and MIT), organizations of higher education, corporations, and individual state governments cried foul or filed lawsuits to moot this move. It worked. Even for a Trump administration this bigoted, the policy was dropped on July 14.

So who similarly advocates on behalf of foreigners in Japan, besides the usual activist groups and human rights agencies who get routinely ignored? It’s hard to imagine a Japanese university filing a lawsuit against the government.

This time, however, Japan’s mainstream media did speak up. For example, the Asahi Shinbun on June 8 ran an editorial calling the current policy “unreasonable” and “discriminatory.”

The Japan Association of National Universities, representing Japan’s flagship educational institutions like Tokyo University, also stepped in. It recently petitioned the Ministry of Education to promptly allow both old and new students and researchers to enter their universities after proper quarantines, and to resume issuing visas.

And in a blistering critique, the American Chamber of Commerce in Japan issued public statements for Japan to repeal the policy. This is quite a step, since the ACCJ in my experience cares more about unperturbed access to Japanese markets than messy issues of human rights. The ACCJ’s words are worth quoting at length:

Foreign nationals actively and positively contribute to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan. The ACCJ statement expresses concern among our international business community that the prohibition currently in place is detrimental to Japan’s long-term interests… Such individuals, especially those with permanent residency (eijuken) and their accompanying family members or those who are immediate family members of Japanese nationals, and those with long-term working visas and their accompanying family members, need to be allowed to enter Japan under the same conditions as Japanese citizens to continue living and working in this country. Such foreign nationals are actively and positively contributing to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan… At minimum, Japan should adopt the approach of other G7 countries to allow foreigners with established residency status and their immediate family members to depart and enter the country on the same basis as Japanese nationals.

So what was the tipping point? Perhaps it was when the Japanese government broke its own rules by unilaterally revoking the status of its lawful permanent residents; when it showed the world that it cares naught for the people it even grants permanent status to. Even with all the institutionalized discrimination for generations, a move this despotic shows just how much of an outlier Japan is among developed nations.

This might even be a bellwether. In recent years, we’ve seen a move towards authoritarianism in the world’s developed liberal democracies. As I have argued elsewhere, this systemic intolerance has its roots in Japan, which to overseas xenophobes represents a model ethnostate. Ethnic cleansers have in fact been copying many of Japan’s strategies and policies.

But even when an outlier like Japan, with a society so deferential to power and profoundly oblivious towards the treatment of its minorities, is seen to have gone too far, perhaps authoritarianism has finally crested.

We might be seeing the pendulum swinging back towards liberalism at last. It’s just a shame it had to go this far before it did.

American Chamber of Commerce in Japan calls on J govt to cease “double standard restricting [Foreign Japan Residents’] travel, economic, and familial opportunities based on nationality” in Coronavirus policy

Posted on July 16, 2020July 17, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Now the ACCJ has spoken out against the Japanese government’s coronavirus policy treatment of NJ Residents that you see nowhere else in fellow developed countries.

As Debito.org concurs with a resounding cheer (as it’s what we’ve been saying all along), the ACCJ notes in its second statement:

“Such individuals, especially those with permanent residency (eijuken) and their accompanying family members or those who are immediate family members of Japanese nationals, and those with long-term working visas and their accompanying family members, need to be allowed to enter Japan under the same conditions as Japanese citizens to continue living and working in this country. Such foreign nationals are actively and positively contributing to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan… At minimum, Japan should adopt the approach of other G7 countries to allow foreigners with established residency status and their immediate family members to depart and enter the country on the same basis as Japanese nationals.”

Bravo. This is in addition to the recent Japan Association of National Universities’ similar call on behalf of international students. Courtesy of TJL. Debito Arudou, Ph.D.

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

THE AMERICAN CHAMBER OF COMMERCE IN JAPAN CALLS ON GOVERNMENT OF JAPAN FOR EQUAL TREATMENT OF ALL RESIDENTS

https://static1.squarespace.com/static/5eb491d611335c743fef24ce/t/5f0c1ed4aee1c9281ab07fc0/1594629845288/200713+PR_English.pdf

JULY 13, 2020 [TOKYO] – The American Chamber of Commerce in Japan (ACCJ) today issued a second statement [included below] in response to re-entry travel restrictions placed on residents of Japan who are not Japanese citizens and called on the Government of Japan to provide fair and equal treatment for all residents regardless of nationality.

“Foreign residents of Japan who have made a decision to build a life here and contribute to the Japanese economy should not be subject to a double standard restricting their travel, economic, and familial opportunities based on nationality,” said Christopher J. LaFleur, ACCJ Chairman. “While we applaud and support the Japanese government’s efforts to manage the COVID-19 crisis, a resident’s nationality provides no basis on which to assess risk or assign travel privilege in relation to COVID-19.”

Foreign nationals actively and positively contribute to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan.

The ACCJ statement expresses concern among our international business community that the prohibition currently in place is detrimental to Japan’s long-term interests, in particular as to Japan’s attractiveness as a place to invest and station managerial employees with regional responsibility.

The ACCJ requests that the Japanese Government establish a re-entry permit or process whereby travelers entering Japan under the ‘humanitarian’ exception can receive an assurance that they will be admitted to Japan before they board flights outside of Japan.

The ACCJ also requests that any measures taken to permit Japanese nationals to travel for business, or, in the future, travel for other purposes, also apply equally to foreign nationals with proper permanent residency as well as their spouses and children, foreign nationals who are spouses or children of Japanese nationals, long- term visa holders and their accompanying family members, and foreign nationals residing in Japan under a Japanese working visa.

Finally, the ACCJ would like to see the Japanese government announce clear timelines for the resumption of travel and implement clear policies with the minimum documentation necessary. This will enable those properly desiring to return to Japan to make plans free of anxiety and continue their contributions to Japan’s economy, society, and international relations. ENDS

About ACCJ

page2image3443582304

The American Chamber of Commerce in Japan (ACCJ) was established in 1948 by representatives of 40 American companies. Over its 72-year history, the ACCJ has positioned itself as one of the most influential business organizations in Japan. The ACCJ has approximately 3,000 members who together represent over 600 globally minded companies with offices in Tokyo, Nagoya, and Osaka. Working closely with the U.S. and Japanese governments, business organizations and others, the ACCJ engages in activities that advance its mission of further developing commerce between the U.S. and Japan, promoting the interests of U.S. companies and members, and improving the international business environment in Japan including the commitment to demonstrating responsible corporate citizenship. The ACCJ’s more than 60 committees represent a variety of industries and make policy recommendations through advocacy tools such as viewpoints, public comments, and white papers. The ACCJ holds on average 500 events and seminars a year, many of which focus on government policy and economic trends. The ACCJ is also committed to promoting charitable and CSR activities.

PRESS CONTACT: ACCJ Communications (comms@accj.or.jp)

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

FULL ACCJ STATEMENT

https://static1.squarespace.com/static/5eb491d611335c743fef24ce/t/5f0433e6e9c21e3821625bca/1594110951359/200707+Second+Statement+on+re-entry+travel+restrictions.pdf

July 7, 2020

Second Statement on Re-entry Restrictions Placed on Permanent Resident and Visa Holders

The American Chamber of Commerce in Japan (ACCJ) expresses our concerns regarding Japan’s immigration authorities’ limitations on the entry of non-Japanese nationals residing in Japan during the COVID-19 crisis.

The ACCJ understands and supports Japan’s efforts to protect itself from further spread of the virus, including Japan’s decision to enforce a mandatory 14-day quarantine on those returning to Japan from countries where the risk is greatest. We also recognize the progress in clarifying the conditions and criteria for, and the process under which, foreign residents of Japan may receive permission to re-enter Japan for humanitarian reasons.

We are concerned, however, that the prohibition currently in place on the entry into Japan of foreign nationals who have a permanent abode, family, and work base in Japan is detrimental to Japan’s long-term interests, in particular as to Japan’s attractiveness as a place to invest and station managerial employees with regional responsibility.

Such individuals, especially those with permanent residency (eijuken) and their accompanying family members or those who are immediate family members of Japanese nationals, and those with long-term working visas and their accompanying family members, need to be allowed to enter Japan under the same conditions as Japanese citizens to continue living and working in this country. Such foreign nationals are actively and positively contributing to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan.

We would also note that through the payment of local and national taxes, the consumption of goods and services from the local economy, and the support for companies both local and international, Japan’s foreign residents and workers play an important role in ensuring Japan’s economic growth and good relations with global partners. Their contributions will be all the more important as Japan looks to recover from the economic impact of the COVID-19 pandemic. We are grateful that the Government of Japan treated the foreign community in Japan on an equal basis by designating duly registered foreign residents as eligible for the recent COVID-19 stimulus payment.

More immediately, we respectfully request that the Japanese Government establish a process whereby travelers entering Japan under the ‘humanitarian’ exception can receive an assurance that they will be admitted to Japan before they board flights outside of Japan. This is because airlines are generally obligated to return, at their own expense, travelers rejected entry to a country. For this reason, we understand that many airlines are refusing to board any non-Japanese nationals on flights to Japan because of the regulatory uncertainty. This process could be notionally similar to the current re-entry permit application system, and it could be thought of as a “coronavirus re-entry permit” granted at the time the traveler leaves Japan or by special application to a designated Japanese Embassy, Consulate or other designated entity.

We respectfully request that, as the government’s Novel Coronavirus Response Headquarters considers which further steps it might take to ease restrictions on travel and measures taken to permit Japanese nationals to travel for business, or, in the future, travel for other purposes, any decisions also apply equally to foreign nationals with proper permanent residency as well as their spouses and children, foreign nationals who are spouses or children of Japanese nationals, long-term visa holders and their accompanying family members, and foreign nationals residing in Japan under a Japanese working visa. At minimum, Japan should adopt the approach of other G7 countries to allow foreigners with established residency status and their immediate family members to depart and enter the country on the same basis as Japanese nationals. In the event that is not done, any guidance provided should be based on objective standards and any advance clearance provided should be in writing and should be recognized as an official approval at the point of entry into Japan.

We hope that the Japanese government will announce clear timelines for the resumption of travel and implement clear policies with the minimum documentation necessary. This will enable those properly desiring to return to Japan to make plans free of anxiety and continue contributing to Japan’s economy, society, and international relations.

We respectfully request that the Japanese government considers these concerns and suggestions as critical work continues to protect Japan from the effects of the pandemic and encourage its recovery. ENDS

Japan’s National Universities call on the Education Ministry to protect int’l students from expulsion and exclusion (a report from Debito.org Reader Mark)

Posted on July 15, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Mark, a graduate student at a Japanese university, sends word that Tokyo University’s International Student Support Group has been doing its job assisting its NJ students, noting that the Japan Association of National Universities has made demands to the Ministry of Education clearly advocating on behalf of international students in Japan. The latter on the national government to (ISS’s translation):

(1) ensure that the international students and researchers who already obtain a status of residence can have the continued education and research opportunities by promptly allowing them to re-enter Japan. Also, it should be based on thorough infection prevention measures.

(2) promptly resume the visa application process at Japanese Embassies/Consulates for international students (new students) and newly hired international researchers, carefully monitoring the infection situation in each country.

Now, while this isn’t on the scale of what you get in the United States, where a very large front of universities, states, and even corporations lined up lawsuits to defend international students from getting their student visas revoked by the Trump Administration if they were taking online-only classes (resulting in the Trump Administration actually backing down yesterday, mere days after ICE unilaterally declared it policy). But for Japan it’s a start. And a rather rare example of organizations that aren’t “activist groups” advocating on behalf of NJ rights (especially since the GOJ’s activities lately have been especially isolationist and xenophobic).

And since these are Japan’s flagship universities, including Toudai, it’s a precedent and a template. Bravo.

Turning the keyboard over to Mark for his report. Debito Arudou, Ph.D.

///////////////////////////////////////////
From: Mark
Sent: Tuesday, July 14, 2020
To: UTokyo Int’l Support Group 本部国際支援課学生生活T <rsupport.adm@gs.mail.u-tokyo.ac.jp>
Cc: in@m.u-tokyo.ac.jp
Subject: コロナ水際対策　「外国人」差別の理不尽

Dear Members of ISSR,
(CC. Graduate School of XXXXX),

I am a graduate Student at the School of XXXXX. I am kindly writing to share an editorial article published by Asahi Shinbun and ask about what can your Office do to help in this regard.

（社説）コロナ水際対策　「外国人」差別の理不尽
https://www.asahi.com/articles/DA3S14504839.html (reproduced below)

I found that the Government’s policy is an example of racial discrimination. It is the only country of the world practicing such discriminatory policy. As a foreign student affected by such irrational discrimination, I would kindly ask specifically how your Office can help in a concrete way.

A public statement from the University would be valuable and would be a reasonable request.

Although the Confucian tradition in Japan makes difficult for most Japanese to oppose a policy from the “top” (from a superior), such discriminatory policy affecting international students is so irrational that deserves a concrete action. Otherwise, Universities are being accomplices and the effort for internationalization would be proven to be false and shallow.

I look forward to hearing from you soon, Best regards, Mark

PS. More details about the discriminatory policies are available here:
https://www.debito.org/?p=16095

///////////////////////////////////
REPLY:

From: UTokyo Int’l Student Support Room 留学生支援室 <issr.adm@gs.mail.u-tokyo.ac.jp>
Date: Wed, Jul 15, 2020
Subject: RE: コロナ水際対策　「外国人」差別の理不尽 (Dear Marco-san)
To: Mark
Cc: UTokyo Int’l Student Support Room 留学生支援室 <issr.adm@gs.mail.u-tokyo.ac.jp>

Dear Mark,

Hello, this is the International Student Support Room (ISSR). Thank you for your message.

International Support Group (ISG, that is in charge of University guarantor system, etc. at rsupport.adm@gs.mail.u-tokyo.ac.jp ) forwarded your message to us this morning at issr.adm@gs.mail.u-tokyo.ac.jp　We are the university-wide office to provide international students with the support regarding their on/off-campus life.

We totally understand that the international students as well as all foreign nationals who have a valid resident status in Japan, have been going through very challenging times.

As you may know, university and its board members made an announcement to our international students dated on July 7, as follows. We sincerely concern about the students who are unable to enter to Japan and who are in Japan, but still have difficulties to take online classes.

https://www.u-tokyo.ac.jp/content/400142176.pdf (text follows, for the record):

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

Dear International Students:
The COVID-19 crisis has brought serious challenges to our society. As you know, the University of Tokyo has been offering classes online since this past April to contain the spread of the infection of the virus.
We understand that many of you coming from abroad must have a variety of concerns. Those who have not been able to enter Japan and have been taking online courses from outside Japan must be particularly worried.
The following websites include helpful information for students. Please refer to the kind of support available as well as necessary contact information for you.
UTokyo websites for students:
○“University Response to the Coronavirus Disease 2019”
”To current students”
COVID-19-related information regarding financial support, counseling, classes, housing, information for international students:
https://www.u-tokyo.ac.jp/en/general/COVID-19.html#id02
○Website for International Students
Useful information for international students such as counseling services available on and off campus and contact information for international students:
https://www.u-tokyo.ac.jp/adm/inbound/en/index.html
If you have any questions or wish to make any consultation about your academic affairs such as registering for courses, please contact your academic advisor or the staff and faculty in charge of international students of your school or college.
The University of Tokyo will continue to do everything possible to make sure all of you may continue with your academic endeavors. The University will provide an appropriate educational environment in which each and every one of you can continue with your effort to realize your academic goals, even in this difficult situation.

OKUBO Tatsuya, Executive Vice President in charge of Student Affairs

AIHARA Hiroaki, Director General of the Division for Global Campus Initiatives

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

On July 13 (day before yesterday), in light of our concerns regarding the current international students, The Japan Association of National Universities requested the Minister of Education, Culture, Sports, Science and Technology as follows. The University of Tokyo, of course is a member of this association.

https://www.janu.jp/news/whatsnew/714.html

(Full PDF here for the record: 20200713-wnew-youbou)

*We apologize that the request is written in Japanese, so please refer to the Japanese translation.

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

We (The association) request the relevant ministries to;

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

ISSR also keeps our board members informed about the difficult situations that the international students have encountered. What international students/researchers think really matters to us.

Thank you again for sharing your message with us. Best regards, ISSR
ends
////////////////////////////////

Asahi article in Mark’s letter:

（社説）コロナ水際対策　「外国人」差別の理不尽
朝日新聞　2020年6月8日
https://www.asahi.com/articles/DA3S14504839.html
コロナ禍で海外との人の行き来がほぼ途絶えるなか、日本で暮らす外国籍の人がひときわ厳しい立場に追いこまれている。

感染防止の水際対策の一環として、政府が「いったん日本を離れたら再入国させない」との措置をとっているためだ。国内に生活基盤をもつ人も対象で、母国に差し迫った用事があっても帰ることができないとの悲鳴があがる。理不尽な施策は直ちに改めるべきだ。

政府は現在、１１１の国・地域からの「外国人」の入国を拒否している。日本の永住資格をもつ人や日本人の配偶者たちも同じ扱いで、これらの国々に赴いた場合、原則として再入国は許可されない。入管当局は出国を控えるよう求める。

だが抱える事情は様々だ。

母国に住む重病の親族を見舞いたい、経営する海外の会社が立ちゆかないので現地で直接指揮したい――といった切実な希望もかなわず、各方面に影響が及んでいる。やむなく出国した人は日本に戻れず、家族にも会えない状況が続く。

先月の国会では、母親の葬儀に参列しようとした日本在住１１年の外国人が、事前に当局に問い合わせたところ「再入国は認められない」と言われ、最後の別れを断念したケースが紹介された。政府による人権侵害行為と言わざるを得ない。

今回の入国規制をうける外国人のうち、たとえば「永住者」は、日本に１０年以上住み、納税などの義務を果たしてきた人たちだ。様々な分野で責任ある立場についている人も多く、その数は約８０万人。日ごろ政府が唱える「外国人との共生」のまやかしや底の浅さを、コロナ禍が浮かびあがらせた格好だ。

他の先進国も水際対策に力を入れるが、長期滞在者や自国民の配偶者らの再入国に特段の障壁はない。家族、住まい、仕事など、その人をその人たらしめる土台はその国にあるのだから、当然の対応だ。

日本も再入国を認めたうえで、空港などで感染の有無をチェックし、自主隔離を要請すればいいだけの話だ。日本国籍の人や在日コリアンら特別永住者と異なる扱いをしなければならない理由はどこにもない。

国会で議論になった後、出入国在留管理庁はホームページに「人道上配慮すべき事情があるときなどは入国を許可する場合もある」との一文を載せた。しかしどんな場合なら「配慮」するかの基準は不明で、問題の解決になっていない。

国籍がどこであろうが、ひとりの「人」として遇する。この基本を理解しない政府が、外国人材の受け入れを標榜（ひょうぼう）したところで、信頼されるはずがない。
ENDS
======================
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German journalism on Japan Govt’s COVID policy: Tohoku’s Dr. Oshitani: Foreigners (not Japanese) brought it in. And that’s why govt policies specifically exclude only foreigners, even NJ Permanent Residents.

Posted on June 29, 2020June 29, 2020 by Debito Arudou, Ph.D.

mytest

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Hi Blog. Debito.org has reported on Japan’s policies from April of excluding all “foreigners” from reentry, including residents of Japan with valid visas and Permanent Residents with lives and families in Japan, barring them even from the regular two-week quarantine that Japanese reentrants get. That hasn’t been the scandal it should have been. So when the Japanese media observes omertà on how Japan’s policymakers engage in racist politics, it’s sometimes up to overseas media to expose it.

Debito.org Reader Maximilian Doe offers a full report from German media: How even Japan’s scientists (particularly a Dr. Oshitani at Tohoku University) couched COVID as an overseas contagion, not something also brought into Japan by Japanese (such as the cruise ship Diamond Princess). However, there is a pattern here. Foreigners, as we’ve seen from the days of AIDS, SARS, and even the Otaru Onsens Case, are more likely to be seen as riddled with contagion, and treated as such by policymakers either with benign neglect or these overt reactionary policies. However, instead of having governments and civil society that rightfully point out that associating disease with citizenship leads to racism, in Japan we get blanket exclusion, unlike any other G7 country.

And it’s even backed up by Japan’s scientists. Let me now turn the keyboard over to Maximilian Doe for the report. Debito Arudou, Ph.D.

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

From: Maximilian Doe
Subject: Two interesting German news articles about how virologist and government advisor Prof Dr Oshitani Hitoshi is involved in the entry restrictions
Date: June 28, 2020
To: Debito Arudou <debito@debito.org>

Hi Debito,

This is Maximilian Doe. I’m contacting you because I’ve found something interesting related to Japan’s strict entry restrictions against non-Japanese. It’s two German news articles that point at a certain Dr. Oshitani Hitoshi, professor of virology at Tohoku University and leader of the health advisors to the Japanese government.

Especially the first of the two I’m posting below explicitly states how the government closed the border based on reports by Prof Oshitani’s team. There are also multiple articles in English and Japanese on the website of his institute (http://www.virology.med.tohoku.ac.jp/). Here is a recent interview – an English translation of a Japanese interview – with him, which is also linked at his institute’s website: https://www.japanpolicyforum.jp/diplomacy/pt20200605162619.html

[NB: In this interview, Oshitani couches the contagion as an exogenous force, transmitted by foreigners, not by Japanese travelers who weren’t subject to quarantine. Excerpt:

Oshitani: Spread of COVID-19 in Japan had two major waves so far. The first wave was originated by people with travel history to Wuhan and other places in China. From January to early February, the number of cases from China found in Japan was 11. Of course, there were considered to be more imported cases from China in reality, but it was likely somewhere around several tens to about a hundred. These people traveled to Japan for sightseeing or other purposes, and later, through places where people congregate, such as sports gyms and small concert houses, transmissions spread across the country including Hokkaido, Tokyo, Aichi, and Osaka. This first wave had come under control by mid March with number of cases relatively low, but the second wave came as the first wave was calming down.

Second wave was originated by infected people from a wide range of countries, such as Europe, US, Southeast Asia, and Egypt. We confirmed about 300 cases who had entered Japan from such countries, so the actual number of cases who entered Japan is estimated to be around 1,000 ~ 2,000. Although local transmissions of the second wave in Japan began in early February, infected people from abroad were coming to Japan and able to move around the country almost without any restriction, until the government put restrictions on travel at the end of March. This resulted in a large outbreak. The delay in action during that time is regrettable.]

Doe: In the following I’m posting English translations of the two German articles mentioned above. The translations are by me, so the English may be slightly off because it’s a from native to foreign translation. I’ve linked Wikipedia articles about the newspapers in question, as well as the links to the original articles. (The first article is freely readable if you have no ad blockers turned on. The second one is behind a paywall. The 0 Euros button there leads to a free one month test subscription that will turn into a regular one if you don’t opt-out in time, so don’t click if you can’t read German. I can provide you with the original text later if requested.) The first one is from “Zeit Online”, the web portal of the famous weekly newspaper “Die Zeit”.(https://en.wikipedia.org/wiki/Die_Zeit).

[NB: The text in question that readers should focus upon is underlined.]

/////////////////////////////////////////////////
Role Model or Problem Child
Japan does little virus testing; the number of infections is low. However, the fear that the official numbers do not match reality is growing stronger.
By Felix Lill
June 9, 2020, 16:49 / edited June 12, 2020, 8:12 / Die Zeit
No. 25/2020, June 10, 2020 / 193 comments [at the time of translation]
https://www.zeit.de/2020/25/japan-coronavirus-tests-infektionen/komplettansicht

“The Europeans misunderstand this virus”, says Hitoshi Oshitani. If you hear the voice of that professor of virology on the phone, you also can imagine him shaking his head. He claims he had explained it many times. “The attempt of finding every infected person is futile, a mission impossible.” Broad testing of everybody is just a waste of money and personnel. “Many infected persons only have just mild or no symptoms and don’t see a doctor. In order to find every infected person, as it is tried in Europe, you’d have to test almost the entire population.”

In his home country of Japan, the 61 years old Oshitani became famous. In order to reach the office of the Prime Minister fast, the virologist of Tohoku University in the northeastern Japanese city of Sendai moved into a hotel in central Tokyo. Oshitani is the leading health expert in the crisis management group of the Japanese government. He says: “Japan is pursuing a completely different strategy than Europe. We conduct intensive testing only at places, where an outbreak was already confirmed.” This is the smartest [method, according to him].

Is Oshitani right? Experts of multiple disciplines are arguing whether the East Asian country is a role model or a problem child. In February, when the virus was spreading broadly, Japan was the second most affected country of the world after China. However, when the virus quickly spread inside multiple European countries, the number of confirmed cases in Japan stayed low. The number of registered sick doubled per week between the end of March and the middle of April, but it reached only about 10,000.

Until now about 18,000 sick were registered – a tenth of the number of Germany, which population is smaller by one third. To Hitoshi Oshitani, this success is not because of strict rules of hygiene or the wearing of masks which is widespread in the country, but because of the crisis management. “We have started early to find contacts of infected persons with questionnaires, in order to test them and send them into quarantine. In case of the northern island of Hokkaido we could find out most routes of transmission and infection clusters this way.”

With this so-called theory of cluster infections Oshitani’s team found out that the fast growth of cases since the end of March were imported by persons who entered the country from abroad. The government swiftly ordered entry bans towards multiple countries.

Currently the crisis manager in charge thinks that they have control over the situation. In the middle of May Prime Minister Shinzo Abe lifted the state of emergency for 39 of the 47 prefectures that was implemented one month earlier. By now the easing of measures is applied to the entire country. Shinzo Abe announced that now it is the time to get used to a “new normality”.

In the meantime, there is also much encouragement from Germany. Virologist Cristian Drosten recommended during an interview, that the “Japanese way” should serve as the model. That includes Japan’s current start of concentrating on superspreading events. In such a case, contact persons get send into quarantine immediately without waiting for tests. The curve of infections flattens. About 30 new infections per day were registered during the last weeks.

Despite all this: The population of Japan does not trust the peace. A survey by news agency Kyodo in mid-April found out: 80 per cent of asked people think that the government reacted to the crisis too late and thus delayed it. A comparative study among 23 countries conducted by the Singapore based institute Blackbox Research found out, that the Japanese are the least satisfied with the crisis management of their government.

“In Japan we are cruising through this crisis blindly”

One of the most prominent critics is Kenji Shibuya. To the virologist and director of the School of Population Health & Environmental Sciences at King’s College London, the officially low number of cases is no wonder. “If we hardly test, we of course can’t know our true status”, says Shibuya on the phone. “In Japan we’re cruising through this crisis blindly.”

Japan really has only conducted about 200,000 quick tests with samples from mouth and throat between mid-March and mid-April. Government advisor Oshitani, who is, among others, responsible for that low number, claims that most of the infected would not transmit the virus anyway. That is one more reason why less testing is okay, because many infections end without much consequences.

Furthermore, Oshitani is convinced that the low number of tests does not lead to overlooking an especially large number of sick people. He says: “If the number of sick people would be significantly higher than detected, our rate of fatalities must have been significantly higher, too.” However, this rate is very low when compared internationally. Around 900 of the detected 18,000 infected people fell victim to the virus in Japan.

Nonetheless, during the last weeks more and more health experts demanded that Japan significantly increases the number of tests. “The claim made by the crisis management group that most sick people do not transmit the virus does not convince me,” says Kenji Shibuya. “To know that we must test more.” Shibuya also does not agree to the argument of the low fatality rate. “If we don’t know how many people are sick, we can’t say if their deaths are caused by Covid-19 or not.” Japan’s crisis management group does not only overlook the sick, but also the dead.

Based on a comparison with other countries, Shibuya estimates that the true infection rate could be higher by a factor of 10 or 20. The reason why this is not verifiable is not just the lack of data, but also lack of transparency: “I’ve contacted the national center for infectious diseases and asked for their calculation method, but the answer was: we can’t explain it. Isn’t that curious?” said Shibuya. An inquiry by us to the institute about this stays unanswered.

Do Japanese institutions want to hide something? Kenji Shibuya assures that he does not want to do such accusations, but he adds, that in crisis management political interests are also always on the table. Those [political interests] are questioned by a critical populous in Japan. Since the nuclear disaster of Fukushima in spring 2011, during which officialdom and companies were trying to play down the danger, the trust in the institutions is damaged, when a crisis exceeds the scale of the familiar earthquakes and typhoons.

Koichi Nakano also looks skeptical at the government’s Corona strategy. The political scientist of renowned Sophia University in Tokyo believes that the health of the population is just not top priority to the government. “Prime Minister Abe was elected into office because he had promised economic growth to the people”, says Nakano on the phone. “Until now that hasn’t really taken off. That’s why it’s so important that the economy doesn’t stop entirely amidst this crisis.” The handling of the Olympic Games also shows that. They should have taken place in Tokyo this summer and were expected to bring multiple millions of tourists to Japan. For a long time, the organizers and the Prime Minister insisted that “Tokyo 2020” would start as scheduled in July. After national committees of multiple countries had declared at the end of March that they would not send athletes to the Games this year, Abe decided to delay them by one year.

The crisis management group continues to keep its strategy. “They probably don’t want to admit that they failed,” said Nakano. Virologist Kenji Shibuya says that it is actually a must to shift the strategy to broad testing. If he is right with his assessment that the fatality rate is also significantly higher? Death statistics will answer that. A large increase compared to previous years would indicate that many people died from Covid-19. Initial numbers for Tokyo during the first three months of 2020 do not show such a trend. Data for April, the month an exponential growth of cases, can only be expected this summer.

About the author: https://www.zeit.de/autoren/L/Felix_Lill
Felix Lill is a journalist and writer. For over ten years he is reporting from more than 40 countries with a focus on Japan and East Asia since the end of 2012. He has published articles in “Die Presse”, “NZZ am Sonntag”, “Tagesspiegel”, and “Spiegel” as well as for English and Spanish publications like “Al Jazeera”, “Narratively”, “El País”, or “Vice España”.
ENDS
/////////////////////////////////////////////

Doe: The second article is from “Süddeutsche Zeitung”, abbreviated “SZ” (https://en.wikipedia.org/wiki/S%C3%BCddeutsche_Zeitung), one of Germany’s daily newspapers most widely read among academics. There is only one paragraph about Oshitani in it. The main topic is the stance of the German Chamber of Commerce in Japan towards this entry ban. Again, the section of interest has underlined text.

/////////////////////////////////////////////
Süddeutsche Zeitung, June 15, 2020, 18:35 Japan
The country stays closed
Since weeks foreigners are not allowed to enter Japan. This is going to become an endurance test for the economy.
By Thomas Hahn, Tokyo
http://sz.de/1.4936421

Marcus Schürmann apologizes. This is because before the director of the German Chamber of Commerce in Japan (AHK Japan) starts to talk about the consequences of the entry ban, he has to haul off a little bit. A clear summer day has dawned over the hills of Roppongi, and the scenery of commerce surrounding the Hyatt Hotel looks as rich and polished as if the pandemic couldn’t do anything to the metropolis that is Tokyo. Schürmann starts with praising the place. 2019 was a good year for German companies and their Japanese branches. 94 per cent of them reported profits before tax according to a survey by the AHK Japan and “KPMG Deutschland”, an auditing company. 63 per cent of them were involved in projects with Japanese partners in third party markets. 99 per cent of them praised the reliability of the Japanese business world. “The German economy is seeing Japan as an anchor of stability more than ever”, says Schürmann. This is something to value in an otherwise unsafe global situation.

Until he says at some point: “And now to the topic of entry restrictions.” His face darkens. “That is a different story.”

This is because the entry ban, that Japan inflicted upon 110 countries because of the Coronavirus, has turned into an endurance test for the diplomatic and economic relationships. Even EU citizens who live in and pay taxes to Japan are not allowed to enter the island nation since April 3, when they previously were in their home countries. No other G7 member introduced such a strict border closure. For example, Japanese with a visa are allowed to enter Germany – and also return to Japan, because the entry ban is only bestowed upon foreigners, as the Ministry of Justice in Tokyo confirms.

At least on Friday the government of Japan finally explained, under what circumstances it is ready to grant exceptions: For example, when families are separated, children would miss school, or because someone had to leave for the death of a relative. However, in principle nothing has changed for citizens of the affected countries: Japan is closed. The German embassy in Tokyo announced that they “are talking with our Japanese partners”. An EU spokesperson said that after an EU-Japan-Online-Summit at the end of May they have “stressed once more the importance of a fast solution of the problem”. Without success.

Wolfram Schimpf, principal of the German School in Yokohama, is worrying whether new teaching staff can enter Japan as scheduled with the beginning of the new [German] school year in August. “At the high school we have a staff fluctuation of about 20 per cent, so that we would miss a fifth of our teaching staff, unfortunately some subjects could not be taught [under these circumstances].” The Goethe Institute in Tokyo has cancelled all cultural events with German guests. Finally, Marcus Schürmann has to talk about the consequences for the economy. Schürmann is a friendly man with a Japan pin on his lapel, but when he talks, the German economy is talking and that is Japan’s most important EU partner. According to Schürmann ten of the 100 largest investors to Japan are from Germany and those are creating 35,000 jobs. His dissatisfaction has to do with hard economic realities. To show that he has the most recent AHK-Japan survey in his hands: “78 per cent of businesses state that they are massively affected by the entry ban and that this severely damages their activities.”

A plan for the globalized economy with the Coronavirus is necessary

Among the 450 German companies with business in Japan many are engineering companies. They have to postpone projects because the parent company cannot send specialists for commissioning new machines. Other companies cannot fill in gaps in their staff as planned. At the same time, they have to continue to pay taxes and social security for their employees who are stuck in Germany. “A third of these businesses are expecting tax reduction to compensate for this situation that the Japanese government has forced upon them”, says Schürmann.

From the beginning, the fight against the Coronavirus was special in Japan. Instead of tracing the virus with as many tests as possible like in most other countries, Japanese bureaucracy concentrated on controlling cases of so-called clusters of infections of the respiratory disease Covid-19. Only people with severe symptoms and their close contact persons were tested – based on the finding that only certain infected people were posing a severe threat for transmissions. Virologist and government advisor Hitoshi Oshitani says: “The data clearly shows that Japan’s measures were more effective than those of Western countries.” No G7 country has so few Covid-19 fatalities as Japan. The high standard of hygiene of the Japanese is also claimed as an additional reason for this. Now the government of the right-wing conservative Prime Minister Shinzō Abe wants to make sure that foreigners will not cause the next wave.

Schürmann understands that. However, the world continues to spin, and the pandemic is here to stay. A plan for the globalized economy with the Coronavirus is necessary. Schürmann sees solutions by the state with chartered flights and hygiene measures for “a minimal amount of business travel” in China and South Korea. Not so much in Japan. Schürmann has stayed in Japan for 31 years. He can lead the negotiations in Japanese on his own with those Japanese bureaucrats in charge of the economy. The reactions? “Talks with Japanese officials are always very nice, but nothing happens afterwards.”

The Germans are so frustrated that they are asking the question about the future. Among entrepreneurs, Abe’s Japan has lifted the image of the slightly weird island nation that fights with itself. Japan has involved itself in world trade more than never before and showed signs of openness with hosting events like the Rugby World Championship and the Olympic Games. “Regarding the many global challenges, the time for engaging with Japan is actually very good”, thinks Schürmann. But now? “In principle Japan threatens regained trust and its position as a global key player.” He does not see German companies leaving the world’s third largest economy. “But if this inflexibility continues, Japan will become less interesting for them. Because they say: If Japan doesn’t react now, what will happen next, when the second or third Corona-wave comes?” They could relocate some of their business to neighboring countries like South Korea.

The opposite side of Japanese reliability is clearly visible now: Necessary changes in policy are not Nippon’s strength. Someday ways will lead to Japan once more, but no one knows when.

Thomas Hahn [about the author]
After high school in 1991 he did an internship at the SZ local editorial department of Starnberg. Civilian service at the municipal hospital of Fürth as male nurse at the department of internal medicine. Study of theater science in Munich and Canterbury. Internship at the SZ editorial office for sports news in 1995. After that working as freelance journalist, especially for the SZ. Regular SZ editor since January 1, 1999. He was at the sports news department in Munich for more than 15 years, after that correspondent for northern Germany in Hamburg. Since September 1, 2019, he is correspondent for Japan and South Korea.
ENDS
/////////////////////////////////////////////

COMMENT FROM DOE: It’s no hard proof, whether Dr. Oshitani is actively okay with shutting out even legal residents or not, but in combination with the Japanese and English articles published on the website of Oshitani’s lab I get the impression that he and his team of other advisors had a very strong influence, if not the most critical influence, on the government implementing this current entry ban. I also think that it’s enough evidence that he at least doesn’t care about the problem for stranded NJ residents. A curious behavior for an academic or one of Japan’s national apex universities, since universities are those “businesses” disproportionately affected by this. Besides this he’s clearly responsible for the – let’s say – special testing policy Japan has implemented. I’d like to hear your thoughts about this.

Best regards,
Maximilian Doe

ENDS

SNA Visible Minorities Column 11: Advice to Activists in Japan in general (in the wake of the emergence of the Black Lives Matter Japan Movement), June 22, 2020.

Posted on June 22, 2020July 15, 2020 by Debito Arudou, Ph.D.

mytest

Visible Minorities: Advice to Activists in Japan
Shingetsu News Agency, Visible Minorities Column 11, June 22, 2020
By Debito Arudou, Ph.D.
http://shingetsunewsagency.com/2020/06/22/visible-minorities-advice-to-activists-in-japan/.

SNA (Tokyo) — Sparked by the George Floyd murder by police in America last month, street protests against official violence towards minorities and disenfranchised peoples have sprung up worldwide.

Japan has been no exception. Within recent Black Lives Matter demonstrations, a wider range of people are finally decrying, for example, the Japanese police’s racial profiling and violence towards visible minorities.

I’ve talked about these and other issues for years, devoting significant space both on Debito.org and in my book Embedded Racism: Visible Minorities and Racial Discrimination. That said, it should be noted that my position in Japan as a white male with naturalized Japanese citizenship has provided me significant privilege; in all humility I am not in the best position to offer advice to people who have the right (nay, obligation) to create their own identities, narratives, and agendas as they see best.

Nevertheless, this column would like to point out some of the pitfalls that activists may face in Japanese society, based upon my experience fighting against racial discrimination here for nearly thirty years. Please read them in the helpful spirit they are intended:

1) Remember that, in Japan, activists are seen as extremists

Japan has a long history of activism and protest. However, the historical narrative generally portrays activists (katsudouka) as radical, destructive elements (kagekiha), most famously the Japanese Red Army; the Revolutionary Communist League, National Committee (Chukakuha); the Japan Revolutionary Communist League, Revolutionary Marxist Faction (Kakumaruha); or even just labor unions like the Japan Teachers’ Union (Nikkyoso). If you’re out there protesting, you’re automatically seen by many Japanese as angry, unapproachable, and unable to be reasoned with.

Furthermore, public demonstrations are treated with undue alarm. They’re not, for example, normalized as a phase college kids go through and grow out of. In fact, youth might become unemployable if they carry on beyond college. That’s why high-profile student group Students Emergency Action for Liberal Democracy (SEALDs) disbanded as soon as their leaders approached the job market.

Additionally, the government has a long history of suppressing voices from the left more than the racket from rightwing conservatives and reactionaries, as seen in their regular rounds of unfettered sound trucks. It’s not an even playing field for human-rights advocates. That’s why there arguably isn’t a successful example of leftist protests ever decisively changing the course of government in Japan. (Contrast that with, say, the anti-Vietnam protests of the 1960s, so romanticized in Western media, which even undermined presidents overseas.)

The result is that the average person in Japan, especially your employer, will need to be convinced that what you’re doing is at all necessary, not to mention has a snowball’s chance of succeeding. Be prepared to do that.

2) Keep the debate focused on how discrimination affects everyone in Japan

One problem with protests for equal rights for “foreigners” is an assumption that the problem must be exogenous. It runs deeper than the sentiments of a) “foreigners are only ‘guests’ here, so they shouldn’t be rude to their ‘hosts’ by protesting,” or b) “if only you weren’t here disrupting our homogeneous society, your problem would just go away.” It’s again a problem with narrative.

Discrimination, particularly “racial discrimination” (jinshu sabetsu), is generally taught in Japanese schools as something other countries do towards people with different skin color, notably US Segregation and South African Apartheid. Thanks to the daily mantras about our alleged monocultural, monoethnic “island society” closed off from the world for a zillion years, Japan generally doesn’t see how “race” could be a factor here. The logic is that homogeneous Japan has no races, therefore no “race relations” problems like other countries. The Japanese government has made precisely this argument to the United Nations.

That’s one reason why Japanese media reflexively deflects the issue into terms like “foreigner discrimination” (gaikokujin sabetsu), “ethnic discrimination” (minzoku sabetsu), or merely “cultural differences” (ibunka no chigai). All of these concepts miss the point that racial discrimination is in fact a longstanding domestic issue.

So refocus the issue back on the process of racialization. Reiterate at every opportunity that this is “racial discrimination,” and stress how, thanks to generations of naturalization and international marriage, there are plenty of Japanese citizens with diverse roots. Thus discrimination against “foreigners” also affects hundreds of thousands of Japanese people.

After all, Japanese society gloms onto “racial discrimination” against Japanese citizens abroad with a surprising amount of passion. So point out that it’s happening here too. And you’ll have to do it again and again, because you will have to convince a surprising number of people who refuse to believe that racism even exists in Japan.

3) Be wary of being fetishized

Remember that a certain degree of social resonance you may be feeling in your crowd is likely not the feeling of acceptance you might want; it is not equal footing with Japanese citizens. People often join in since protesting is “cool” because “foreigners are cool” or “pitiable” (kawaisou).

There is plenty of scholarly research (read Marvin D. Sterling’s Babylon East, for example) on how Japanese adopt “foreign cultures” only on a topical level, meaning without much interest in the actual mindset or experience of being a visible minority in Japan.

Collaborate with whoever shows up, of course. Just don’t get your hopes up too far. Some people who seem like supporters might only be fair-weather groupies. So don’t rely on them too much when it comes time for them to commit their names or faces in public.

4) Be ready for the long haul

Success, of course, requires not only widespread support in Japan, but also assistance from fellow Japanese human-rights activists. They are very practiced and determined, having done this sort of thing for decades. But remember: Activist groups in Japan are very cliquey. Often the barriers for entry and being accepted as “one of us” are pretty high.

Even though, at first, being seen as “pitiable” works in your favor, remember that the default attitude towards people seen as “foreigners” is “someone here only for the short-term.”

What I mean is “foreigners” are often treated like exotic birds, as something to study because you alighted on their balcony and have interesting plumage to look at. So they give you their attention for as long as you’re around. But once it seems you’ve flitted off, you’re quickly forgotten as merely a phase or a pastime. Then things reset back to the ingrained narratives of Japan as homogeneous and foreigners as temporary.

The only way you can defy that is by showing how deeply you’ve committed yourself to this issue for as long as possible, as people in those activist groups have. They’ve made this rallying cause a life mission, and they’ll expect you to as well. Otherwise, you’re just a fickle foreign hobbyist and doors slam.

Moreover, be careful of the “get in line” attitude that one (rightly) receives from other minorities in Japan (such as the Zainichi Koreans). They have been here much longer, fought much harder, and sacrificed more simply to exist in Japan. Avoid the one-upmanships over “who’s the bigger victim here?”

Instead, focus on what you all have in common: perpetual disenfranchisement, and how you have to work together to overcome that to make Japan a better place for everyone. Remember that power surrenders nothing without a fight, so dissolving into disagreeing leftist factions is precisely what the powerful want. The status quo wins by default that way.

5) Control your own narrative

Finally, don’t rely on people who aren’t in your position to understand or promote your narrative. Do it yourselves. Organize your own press conferences. Make sure that everything you release to the public and media is also in Japanese, and have some prominent public spokespeople who are minorities. It’s your voice. Don’t let even the best-intentioned interpreters and interlocutors inadvertently dilute it.

For example, last month, the people of diverse roots who spoke out fluently against the Shibuya police roughing up a Kurdish person were excellent examples of how to do it right. They were very effective in getting the message out both to print and broadcast media. More of that, please.

There you go: five pitfalls I might suggest you avoid. I hope you find them useful, even if I have a very limited understanding of what you’re going through. In any case, it’s your time and your social movement. I wish you success, and thanks for reading. ENDS

For breaking news, follow on Twitter @ShingetsuNews

Info on Black Lives Matter demos in Japan in response to excessive police force towards a Kurdish Resident; also the backlash of right-wing Tokyo Katsushika-ku Assemblyman Suzuki Nobuyuki: “expel any foreign demonstrators”.

Posted on June 7, 2020June 7, 2020 by Debito Arudou, Ph.D.

mytest

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Hi Blog. As you know, following the George Floyd et al. killings by police in America, there is an international wave of condemnation towards institutionalized racism and brutality in law enforcement. Japan is not exempt from this (in fact, institutionalized embedded racism is one of the reasons Debito.org exists, and the Japanese police are notorious for their normalized racial profiling), and a recent case (see Reuters article below) of a Kurdish man being assaulted by police during a traffic stop has made news. Given this flashpoint, a Black Lives Matter movement of protecting minorities against state-sponsored unchecked violence has taken wing around Japan. Please join in if you’re interested. Information website here:

https://blacklivesmattertokyo.carrd.co/

More on what BLM Kansai has been doing is also at SNA here:

Looks like there is a good turnout for today's Black Lives Matter march in Osaka. As far as we know (and we will welcome corrections), there has never before been a BLM event in the Kansai region. (MP) #BLMKansai #BLMKansaiMarch #BlackLivesMatterKansai #BlackLivesMatter #BLM https://t.co/88C1B9CyXe

— SNA Japan (@ShingetsuNews) June 7, 2020

Bravo. Meanwhile, as SNA has pointed out, certain elements within Japan have a problem with any Non-Japanese trying claiming their rights in Japan even through peaceful public protest: “Veteran anti-foreign rightwinger Nobuyuki Suzuki, currently a Katsushika Ward assemblyman, demands that any foreigner who engages in a street protest should be tracked down by the police and expelled from the country. (MP)”

Veteran anti-foreign rightwinger Nobuyuki Suzuki, currently a Katsushika Ward assemblyman, demands that any foreigner who engages in a street protest should be tracked down by the police and expelled from the country. (MP) #Japan #Discrimination #Rightwinger #Rightwing #Japan https://t.co/kyRYiTQFZV

— SNA Japan (@ShingetsuNews) June 7, 2020

After all, according to the Suzukis of Japan, foreigners don’t belong here. They aren’t kokumin, and because they are only here by permission of the government, by definition they should not protest; they should be just good little Guests or get out. Japan for the Japanese. You know the mantra. Even though public demonstrations (for example, by NJ workers in labor unions) are perfectly legal, and have been going on for decades.

That’s why social movements should crest and clean these exclusionary bigots out of government. And Debito.org will at least add its voice in support. Debito Arudou, Ph.D.

Reuters article:

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REUTERS WORLD NEWS, JUNE 6, 2020
Kurdish case becomes rallying cry for Japan protest against police
By Mari Saito
https://www.reuters.com/article/us-minneapolis-police-protests-japan/kurdish-case-becomes-rallying-cry-for-japan-protest-against-police-idUSKBN23D0JG

PHOTO CAPTION: A demonstrator wearing a mask holds an ”Antifaschistische Aktion” flag during a protest march over the alleged police abuse of a Turkish man, in echoes of a Black Lives Matter protest, following the death of George Floyd who died in police custody in Minneapolis, in Tokyo, Japan June 6, 2020.

TOKYO (Reuters) – The case of a Kurdish man who says he was stopped and shoved to the ground by Tokyo police became a rallying cry for protesters marching in solidarity with Black Lives Matter on Saturday.

Several hundred people chanting “I can’t breathe” to invoke the death of George Floyd in the United States marched through the trendy Shibuya district on a sultry afternoon, saying that police abuse – particularly against foreigners – was a problem at home as well.

“I feel very sad,” said Tomohiko Tsurumi, 43, who joined the march with his wife. “I always thought of this country as very safe and I realized that there is so much (police action) we cannot see.”

The 33-year-old Turkish man of Kurdish origin, who asked not to be named, told Reuters this week that he was stopped by police driving in downtown Tokyo on May 22 – three days before George Floyd died in Minneapolis when a police office knelt on his neck for nearly nine minutes.

When the man would not allow police to search his car, two officers shouted at him and shoved him to the ground, the man said. A friend in his car filmed part of the incident.

Police declined to comment, saying they have not made anything public about the incident.

The video, seen by Reuters, includes the officers yelling at him to sit and not make trouble. One of the officers can be seen kicking the man in the leg before making him crouch on the ground.

That officer can be seen with his arms around the man’s neck, telling him to be quiet.

“I couldn’t breathe. If my friend hadn’t been filming I don’t know what would have happened,” the man said, adding the encounter left him with bruises on his neck and back.

“This was in the middle of the day and I was on the way to my dentist,” said the man, who said he has lived in Japan for 15 years and was not at Saturday’s protest due to what organizers said was fear of being arrested. “That’s what’s so upsetting.”

The man filed an assault suit against the two officers with Tokyo prosecutors on May 27, said his lawyer, Yasuaki Nara.

An African man at the demonstration with a friend said their appearance got them more scrutiny from Japanese police.

“I feel what George Floyd was feeling,” he said, declining to give his name or his country of origin. “We feel what his family is feeling.”
ENDS

Online petition: Oppose Japan’s generic reentry ban on Foreign Residents even after essential travels since April 3, 2020

Posted on June 3, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. I mentioned this petition in my previous post, but it was subsumed under the Dejima Award headline. It deserves its own blog entry, so here it is. Sign the petition. I did. Courtesy of TG. Debito Arudou, Ph.D.

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From: Sven Kramer
Date: June 3, 2020
To: eajs-l@listserv.shuttle.de
Subject: EAJS-L: Online petition against Japan’s generic reentry ban on foreigners living in Japan even after essential travels that is in effect since April 3, 2020

Dear fellow EAJS members,

I hope this finds you well, and that you are getting through the current public health crisis well and healthy. I am Sven Kramer, a scholar of Japanese studies based in Japan. Today, I would like to focus your attention on a private initiative I have started: a Japanese-English bilingual online petition against the de facto complete generic denial of reentry to foreign residents of Japan (including permanent residents and eminent relatives of Japanese citizens). On April 3, 2020, the government of Japan has implemented an almost complete closure of her borders to foreign residents on valid long-term visas (only the “special permanent residents” are exempt), while every Japanese citizen regardless of actual residency is allowed in.

This regulation affects more than 2,000,000 foreign residents of Japan, who cannot reenter Japan for the foreseeable future even after traveling abroad for a very good reason (e.g. the death of a family member in the country of origin), and are thus in danger of using their livelihoods here. I anticipate that among those affected, a significant number should be scholars based at Japanese universities receiving this mailing list. According to my current knowledge, Japan is the only country on Earth with a liberal democratic constitution, that has implemented such a nonsensically discriminatory reentry restriction, which in my opinion cannot be justified even with the COVID-19 pandemic. This is a significant difference to the policy of India, which reportedly has implemented an entry ban on all people regardless of citizenship/nationality. Furthermore, we don’t need to get into deflections of about how dictatorial countries currently behave in this crisis.

I have watched the situation silently but with an uneasy feeling for almost two months, but after reading this article by „Tōyō Keizai Online“ that quotes some of the outrageous things going on behind the scenes without leading to any progress, I had enough. As a long-term foreign resident of Japan I could not keep silent any longer, so on May 28 I have started the following online petition at “change.org”: http://chng.it/GN9Wp2Sj

Why an open online petition? Because the Japanese government, and also other officialdom at other levels, just show ignorance when addressed directly.

I sincerely want to ask you for your support of this petition for the reasons stated in the bilingual text of the petition, especially if you are a Japanese citizen or an expat with his/her livelihood in Japan.

This is – as mentioned above – an entirely private initiative on my behalf as a long-term foreign resident of Japan with Japanese family. This is the reason why I did not do any statements referring to my current professional situation, neither in this letter, nor in the petition. Please understand. If you want to know more about my background, please feel free to ask me directly.

Here is a short summary of my request:
– Please sign, if you share my opinion that the government of Japan immediately should allow reentry of returning foreign residents of Japan under the same quarantine regulations that are applied to Japanese citizens.
– Please help me spreading the word, if you agree with me on this.

If a significant number of people sign (ideally at least some tens of thousands) I will try to get the petition to the Government of Japan.

Thank you very much!

Best regards,
Sven Kramer, PhD

P.S.: Further articles in English dealing with this topic:
Japan Times: https://www.japantimes.co.jp/news/2020/05/19/national/social-issues/japan-foreign-residents-stranded-abroad-coronavirus/
Japan Today: https://japantoday.com/category/quote-of-the-day/the-line-should-be-drawn-between-foreigners-on-short-stay-visas-and-those-who-stay-in-japan-based-on-other-statuses-of-residence.-those-whose-lives-are-based-in-japan-need-to-be-able-to-return

Dejima Award #8: NJ resident returnees from abroad officially treated like contagion, barred from reentry unlike Japanese returnees. And unlike any other G7 country.

Posted on May 29, 2020May 29, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. There’s a joke going around to describe this weird era we’re living through. Where somebody is fretting in bed about how things are, and his partner says, “Go to sleep, dear. It’ll be all worse tomorrow.”

Another development that qualifies for that would be the Japanese government’s decision to treat all foreigners as more contagious than Japanese, and bar all foreigners only from re-entry from overseas. Excerpt from The Japan Times (May 19, 2020):

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JT: Foreign residents stranded abroad by Japan’s coronavirus controls
Japan is the only Group of Seven member denying entry to long-term and permanent residents

“…The coronavirus pandemic has prompted authorities worldwide to introduce entry restrictions on border traffic. But regulations in Japan have sparked a particularly strong reaction from its international community, as it is the only Group of Seven member denying entry to long-term and permanent residents and has set no clear criteria for their return.

The approach has left many foreign nationals in limbo — those who had headed overseas in earlier stages of the pandemic are now stuck abroad and face uncertainty about their careers and lives in Japan, whereas those who remain here fear that leaving the country would jeopardize their future as well.

Amid the restrictions, a decision about whether to cross the border due to a medical emergency in one’s immediate family can be agonizing. For Kvien, joining his grieving loved ones and paying tribute in person was an obvious choice. When he left, the travel ban was not yet imposed.

“Let’s say it had happened one week later, I would have (faced) a huge dilemma knowing that if I went (to Denmark), I couldn’t return,” said Kvien, who has a valid working visa in Japan but remains stuck in Copenhagen, on Thursday.

As the virus continued to spread, causing more than 4 million confirmed infections, some countries such as India have even banned their own citizens from returning home in hopes of limiting transmission. But most developed countries, while urging locals to refrain from nonessential travel, have exempted legal residents alongside citizens from their travel bans, albeit under mandatory quarantine.

In contrast, under Japan’s regulations imposed April 3, all foreign nationals, including those with permanent residence status and their non-Japanese spouses, and those who are married to Japanese nationals, will be subject to the measure if they try to return to Japan from any regions affected by the pandemic…”

Read the full article at https://www.japantimes.co.jp/news/2020/05/19/national/social-issues/japan-foreign-residents-stranded-abroad-coronavirus/

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

The GOJ could have said (as India did, according to the above article) that re-entry was forbidden by anyone regardless of nationality. Or else they could have put all re-entrants regardless of nationality in 14-day quarantine, as they did for the first several weeks of quarantine. But no. Instead, the Ministry of Justice decided that only foreign residents don’t have lives, families, occupations, etc. in Japan that matter and just shut them out. As if foreigners are somehow more contagious or less worthy of concern than members of The Tribe. Naturally, if foreign residents have some urgent matter that happens to be overseas, say, oh, the illness/death of a family member from the very pandemic that closed the borders in the first place, tough shit. (You see, family tragedies only matter if someone in The Tribe dies.)

For that reason, Debito.org awards a coveted “Dejima Award” (only its eighth so far) to the Ministry of Justice (particularly Justice Minister Mori Masako). Dejima Awards are reserved for only the most eye-blinkingly obvious and inexcusable examples of racism perpetrated by Japan’s racists and authorities. Thanks for deciding once again that foreigners’ lives simply don’t matter to you. Only foreign residents have to make the choice between exiting Japan and losing their livelihoods here or staying in Japan missing a life event there. How callous and inhumane. And oh so very typical of the cold-blooded Japanese bureaucracy. Debito Arudou, Ph.D.

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

PS: Debito.org Reader Sven Kramer has notified me that he has created a bilingual petition against this stupidity that you can sign. In his words:

https://www.change.org/p/内閣総理大臣-安倍晋三-日本に生活基盤を置いている中長期滞在の外国人一律入国拒否を見直してください?recruiter=1094515521

Change the policy of generically denying entry to all foreign residents of Japan, including permanent residents, family members of Japanese citizens, and other mid- or long-term foreign residents who have their livelihood in Japan

An open petition to Prime Minister Abe Shinzō and Minister of Justice Mori Masako

Initiated by Sven Kramer, long-term foreign resident of Japan and spouse and father of Japanese citizens

As a measure to prevent the spread of COVID-19, caused by the novel coronavirus SARS-CoV-2, many countries have implemented restrictions on international travel. This includes a generic entry denial of foreign nationals and requiring virus testing and a subsequent two weeks long quarantine from the country’s own citizens upon entering. In most counties, especially developed ones, at least permanent residents and eminent foreign relatives of citizens (spouses and children) are exempt from those entry bans, but not so in Japan.

Since April 3rd, 2020 Japan is implementing a very strict limitation on who can enter the country, after spending even a few hours in the by now more than 100 countries and areas which are designated by the Ministry of Justice of Japan. Only people with Japanese citizenship and special permanent residents (mostly ethnic Koreans and Chinese who lost Japanese citizenship in 1945 and their descendants) are admitted under the condition to test for COVID-19 and go into a two weeks long self-quarantine if tested negatively. Every other foreign national, including even permanent residents who have lived nowhere else but in Japan for decades and long-term foreign relatives holding spouse visas, is subject to the current generic entry ban. Foreign residents with their livelihood in Japan basically get the same treatment as short-term tourists and business travelers at the border now.

This unnecessarily strict policy leads to some dire dilemmas. For example, you live in Japan permanently or long-term as a foreigner while having still close relatives like parents in your home country. If one of your parents dies, you should be able to attend his or her funeral without losing your livelihood, but since Japan denies entry to all foreigners without reasonably defined exceptions, you lose your livelihood if you attend the funeral. If you want to protect your livelihood for sure, you have to make the hard choice of staying away from the funeral of some of your closest relatives. Cases in which long-term and permanent residents of Japan had been denied reentry after attending the funeral of a parent were reported recently by the “Japan Times” and “Tōyō Keizai Online” (links below)

There is one more major problem, and that is the separation of families because of applying the entry denial to foreign spouses and parents of Japanese citizens. If a foreign spouse or mother/father of Japanese citizens has to travel internationally for a very good or unavoidable reason (e.g. the above-mentioned funeral), he/she cannot return to his/her family in Japan because of the ban. If he/she was accompanied by his/her Japanese family members (because other developed countries do not only admit their own citizens, but also their foreign relatives at least when well defined exceptional cases apply), the current border policy of Japan can lead to family separation at the Japanese port of entry. This unnecessary and cold-hearted acceptance of forced family separation by the Japanese government is a major human rights violation and has to be stopped immediately. Japan is reportedly the only G7 member who does this.

To be fair, the official documents published by the Ministry of Justice state that in rare special circumstances or for humanitarian reasons foreigners might be admitted into Japan. However, those “circumstances” or “reasons” are nowhere well, reasonably, and comprehensively defined, leaving that caveat so vague that it becomes meaningless. Even attendance of one own parent’s funeral is not generally seen or being defined as a reasonable exception.

For the main reasons stated above, I think that the inclusion of permanent and long-term foreign residents, including even family members of Japanese citizens, into the current entry ban at the Japanese ports of entry, is just unnecessarily cruel and cannot be reasonably justified with the intention of preventing the international spread of COVID-19. It also has the potential to seriously damage Japan’s reputation in the world as a major developed country. I and the supporters of this open petition therefore strongly request to the government of Japan, and especially to Prime Minister Abe Shinzō and Minister of Justice Mori Masako, to immediately lift the generic entry ban on permanent, long-term foreign residents and non-Japanese family members of Japanese families, who have their livelihood in Japan and have to travel internationally for very good or unavoidable, well-defined reasons, and applying the exact same conditions to them, that are applied to Japanese citizens and special permanent residents.

https://www.change.org/p/内閣総理大臣-安倍晋三-日本に生活基盤を置いている中長期滞在の外国人一律入国拒否を見直してください?recruiter=1094515521

Discriminatory govt financial assistance for students: All Japanese can apply, but foreign students must be in top 30% of class. MEXT’s rationale: “Many NJ students go home anyway and don’t contribute to Japan’s future.”

Posted on May 21, 2020May 22, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Debito.org Reader TJL forwards a message from an Indian exchange student in Tokyo. It seems that making sure no foreign resident leaves Japan (because only foreigners won’t be let back in, even if they’re Permanent Residents) isn’t enough hardship — now Japan is making it more difficult for them to live here. Jobs are disappearing with the pandemic, affecting the arubaito economy and students in particular. So the Ministry of Education (MEXT) has launched a program to assist all students in Japan in financial distress, with up to 200,000 yen cash paid out. That is, unless they’re ryuugakusei (foreign exchange students). Even though foreign students already face enough hurdles to their success and stability of life in Japan, MEXT has decided only the NJ who are in the top 30% of their class qualify. (Naturally, Japanese slacker students need not worry — they’re all part of the tribe.)

MEXT’s justification, according to the Kyodo article below, is “いずれ母国に帰る留学生が多い中、日本に将来貢献するような有為な人材に限る要件を定めた”, or “In any case, what with many exchange students returning to their home countries, we decided to limit applications only to those promising people of talent who will be contributing to Japan’s future.” Boy, that’s full of presumptions. Read on. Debito Arudou, Ph.D.

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Indian Exchange Student: You may have read in the news that the GoJ wants to support students with extra financial assistance (of up to 200,000 Yen) as part-time jobs have evaporated. BUT, the govt has drafted different rules for Japanese vs. foreigner students. While ALL Japanese students are eligible to apply, the govt has decided to hold foreigner students to a high standard of academic performance (as a cut-off).

This double-standard in rules is surprising, given how ALL students have suffered due to lack of jobs and how many foreigner students in Japan (the bulk of whom have no scholarships) will suffer. This discrimination is also appalling, especially when Japan seeks to position itself as a destination for foreigner students.

There is a link to an online petition, as well as a link to the MEXT inquiry page. If you or your friends feel like supporting the cause of foreigner students (since many of you came to Japan as students yourselves), please sign the petition and help the foreigner students!

= = =(Message)===

You can sign a petition and donate here for foreign students. It is immoral for the Japanese government to treat foreign students differently from Japanese nationals and to determine the receipt of financial support based on academic performance for foreign students only. I donated a small amount to support:

Petition:
https://www.change.org/p/%E6%96%87%E9%83%A8%E7%A7%91%E5%AD%A6%E7%9C%81-%E7%95%99%E5%AD%A6%E7%94%9F%E5%85%A8%E5%93%A1%E3%81%AB%E7%8F%BE%E9%87%91%E7%B5%A6%E4%BB%98%E3%82%92%E3%81%97%E3%81%A6%E4%B8%8B%E3%81%95%E3%81%84?fbclid=IwAR26tIT8WQCfz3x1EH-xBffKaTwHhLRVPwwwzTENUN8rezFXx7vqss01aRs

MEXT inquiry page (where you can voice your opinion in Japanese):

https://www.inquiry.mext.go.jp/inquiry24/

Statement in Japanese:

コロナ対策の学生への最大20万円の現金給付ですが、文部科学省が外国人留学生に限っては成績上位3割程度のみに限るとのことです。

参考ニュース：https://this.kiji.is/635796561105159265
＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝
現金給付、留学生は上位3割限定
文科省、成績で日本人学生と差
共同通信　2020/5/20

新型コロナウイルスの影響で困窮する学生らに最大20万円の現金を給付する支援策を巡り、文部科学省が外国人留学生に限って成績上位3割程度のみとする要件を設け、大学などへ伝えたことが20日、同省への取材で分かった。アルバイト収入の減少などは日本人学生らと同じ状況にありながら、学業や生活を支える支給に差をつける形となり、論議を呼びそうだ。

文科省は「いずれ母国に帰る留学生が多い中、日本に将来貢献するような有為な人材に限る要件を定めた」と説明。対象者の審査は各大学などが行うため、同省が示した要件を満たさない学生らでも給付対象になる可能性はあるとしている。
＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝

コロナによる学生の生活困窮に国籍は関係ありません。これは差別的な行為であり、外国人留学生の人権を無視したものです。日本人と同じ基準で支給するよう文部科学省に求めます。

・日本人は成績に関わらず支給するのに、外国人のみ成績要件を設けるという、差をつける措置は人種差別です。

・生活の困窮に成績は関係ありません。これは「役に立たない者は生きる価値なし」と能力によって生きる権利に差をつけるものです。

・留学生の中には家族が借金をして日本へ送り出す資金を作りバイトでぎりぎりの生活費を稼ぎながら学習するなど経済的に困難な状況の学生が多く、またそのような学生は上位の成績を取りづらい状況にあります。

・日本がここ20年ほど留学生受け入れを増やす政策を取っており「日本に学びに来てください」と学生を呼んでおきながら、「生活費がないなら勝手に帰国しろ」といわれて帰った学生は帰国後に日本のことをどう話すでしょうか？これは世界における日本の評価を著しく下げる行為です。

以上の理由から、外国人留学生に日本人と別の基準を設けることは不適切だと考えます。

下記に文部科学省の問い合わせフォームがあります。

署名だけでなく、多くの人が文部科学省に意見を送っていただけるとより声が届くと思います。

ENDS

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UPDATE: More conditions for Foreign Exchange Students mentioned in the article below, underlined.

Only top 30% of foreign students to be eligible for gov’t handouts

KYODO NEWS – May 21, 2020

https://english.kyodonews.net/news/2020/05/5d7d3c646139-only-top-30-of-foreign-students-to-be-eligible-for-govt-handouts.html

The Japanese government has set an additional criteria for foreign students hoping to receiving cash handouts of up to 200,000 yen ($1,900) for students in the country struggling financially amid the novel coronavirus pandemic, making only those in the top 30 percent of grades eligible.

The additional condition, which will create a gap in the financial support for students facing hardship in paying for tuition or living costs, has sparked criticism as many foreign students experience the same challenges as their Japanese counterparts.

Members of a student advocacy group that has been calling on the government to reduce school expenses called the decision “complete discrimination.” On Twitter, a Japanese hashtag meaning “The education ministry should give all foreign exchange students the cash handout” has also been gaining traction.

In explaining its decision, the education ministry has said, “With many foreign students eventually returning to their home countries, we have set a condition to limit the handout to promising talent most likely to contribute to Japan in the future.”

As the government will rely on institutions to determine which of their students should receive the assistance, those not meeting the criteria may still be eligible for the handouts, it said.

Education minister Koichi Hagiuda indicated that students from overseas would be eligible for the program during a press conference Tuesday, when he announced that cash handouts would be provided to around 430,000 university and other students in Japan.

But he made no mention of the additional criteria foreign students needed to fulfill, which only came to light during communication with universities and other institutions.

According to the ministry, requirements for program eligibility include a reduction of over 50 percent in the monthly income from part-time jobs used to support tuition fees and, in general, a yearly allowance of less than 1.5 million yen from family. The student must also be living outside of home.

In addition, foreign students must be achieving high marks and have attained a grade point average of at least 2.30 in the past academic year. This accounts for the top 25 to 30 percent of students, the ministry said.

Foreign students must also have a monthly attendance rate of over 80 percent, receive less than an average 90,000 yen allowance per month excluding registration and tuition fees, and not be a dependent of someone in Japan earning more than 5 million yen a year.

On top of the conditions, those “deemed by their institutions as unable to continue their studies due to financial difficulties” will be eligible for the handouts, the ministry said.

In order to quickly provide assistance, the government has left the screening of eligible students to each institution. Universities and other schools will select eligible students from a pool comprised of Japan Student Services Organization scholarship recipients and other records.

The education ministry has not calculated what percentage of the roughly 430,000 students eligible for the program are foreigners.

Koki Saito, a university student and student advocacy group member, said foreign students are in just as dire need of help but unlike their Japanese counterparts have to face a grade eligibility requirement.

“The government has been taking steps to attract foreign students but when things go wrong, are you going to drop them? This may become an international issue, and I want this requirement scrapped,” Saito said.

May 21, 2020 | KYODO NEWS

Debito’s SNA column: “Pandemic Releases Antibodies toward Non-Japanese”, VM9, April 20, 2020 (archived full text)

Posted on April 20, 2020June 15, 2022 by Debito Arudou, Ph.D.

mytest

Hi Blog. My regular monthly Visible Minorities column is out at the Shingetsu News Agency, where I talk about how Japan is reverting to exclusionary type (egged on by an unaccountable ruling elite) when dealing with minorities in pandemic times. People in Japan are generally “live and let live” and “keep calm and carry on” when it comes to treating each other. It’s Japan’s incompetent leaders (notably a self-hating haafu American-Japanese politician named Onoda Kimi) who normalize discrimination in the name of shifting blame, I’m arguing. Here’s the column’s full text, archived for the record:

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Pandemic Releases Antibodies toward Non-Japanese
By Debito Arudou
Shingetsu News Agency, Visible Minorities column, April 20, 2020

http://shingetsunewsagency.com/2020/04/20/visible-minorities-pandemic-releases-antibodies-toward-non-japanese/

SNA (Tokyo) — Pandemics can bring out the best in people. Newton came up with theories on calculus, optics, and gravity while in quarantine. Shakespeare wrote some of his best plays, and Edvard Munch created iconic paintings in isolation. Even today, we’re seeing heroes in the health care industry, volunteers sewing and distributing basic personal protective equipment, neighbors checking up on each other, and leaders stepping up their organizational skills. When the daily normal becomes a struggle between life and death, we see what people are really made of.

In Japan, we’re seeing much of the “keep calm and carry on” mettle found in a society girded for frequent natural disasters. But that grit hasn’t trickled upward to Japan’s political elite, which has ruled largely without accountability for generations, and at times like these appears particularly out of touch.

More concerned about the economics of cancelling the Tokyo Olympics than about the safety of the general public, Japan’s policymakers haven’t conducted adequate Covid-19 testing, exercised timely or sufficient social distancing, or even tallied accurate infection statistics.

As happened in prior outbreaks, such as SARS and AIDS, leaders have deflected blame onto foreigners. First China, then outsiders in general, starting with the quarantined Diamond Princess cruise ship (which, despite a third of its passengers being Japanese citizens, was even excluded from Japan’s coronavirus patient tallies).

But treating outsiders like contagion has consequences: Society develops antibodies, and Japan’s already-normalized discrimination intensifies.

Consider the case of Mio Sugita, a Liberal Democratic Party Lower House Diet Member from Tottori, who tweeted on April 4 that taxpaying Non-Japanese Residents should not receive the same financial support from the Japanese government as citizens. Supporting them should be the responsibility of their respective foreign countries. To her, being a registered resident and taxpayer is not enough to qualify.

Never mind that Japanese living abroad as residents and taxpayers aren’t being similarly treated. And never mind that this violates, for example, the principles behind totalization agreements, ensuring that Japanese and other nationalities can still receive a retirement pension despite straddling countries and tax homes during their working lives.

Of course, Sugita is famous for her stupid comments, including anti-LGBT statements in 2018 against government policies for “unproductive” same-sex couples because they don’t bear children. But the fact that a person like Sugita can be elected and remain in office is indicative of Japan’s pathological attitude towards minorities.

You can see how deep the pathology runs in Kimi Onoda, LDP Upper House Diet Member from Okayama. She similarly insinuated on March 30 that government subsidies should be denied Non-Japanese residents. But this is stunningly ironic because she was born in America to an American father. She even held American nationality until 2016 (when she was ratted out and gave it up), meaning she too was a foreigner in Japan.

That’s how deep Japan’s dehumanizing antibodies run — where even a self-hating haafu would effectively deny equal treatment to her own father! What immense psychological scars from childhood bullying have prompted her to deny any ties to her minority origins, and to pander for the approval of majority whim that Non-Japanese Residents belong on a separate and unequal tier in society?

Now, while sophists like Onoda might point out that there are issues of legal registration that complicate things, it’s not complicated at all. Simply put, Japan’s default mode is exclusion and minority discrimination.

It took 60 years of activist pressure before Japan allowed foreigners to be officially counted as Japan residents and family members (and to this day, foreigners are not included as spouses on family registries). The media still routinely excludes foreigners from national population tallies — as if only REAL Japanese count. And it trickles down into daily practice: Landlords, realtors, and shopkeepers at whim can refuse service to anyone who appears “foreign” with no real blowback. That’s in the best of times.

But these aren’t the best of times. In pandemic conditions, having politicians carelessly say that foreigners don’t deserve equal treatment justifies all sort of dehumanization.

For example, Japan’s inhumane official policy is that Non-Japanese, including Permanent Residents, who leave the country (even if they have to attend a funeral) won’t be let back in. Period. What’s next? Hospitals refusing entry to foreigners (which happens anyway)? Triage by nationality? Reserving ventilators for Japanese only? It all logically follows.

Pandemics can bring out the best in people. But they generally force people to decide who deserves to live. And in Japan, it’s ever clearer that, to many people in power, Non-Japanese don’t count as fellow human beings.

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COVID-inspired racism as NJ Residents are separated and “othered” from fellow Japan taxpayers by Dietmembers and bureaucrats

Posted on April 8, 2020April 9, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. We are witnessing the logical extension of generations of Wajin not seeing “foreigners” as part of Japan, i.e., where minorities are apparently nonexistent in Japan’s postwar-created “monocultural, monoethnic homogeneous society” narrative. It thus follows that Non-Japanese regardless of residency status in Japan are perpetually classified and treated as “guests“, subject to the whims of the Wajin majority to grant them any human rights, legal status, or access to public services. Book “Embedded Racism” has taken up this issue in great detail.

Now in this time of pandemic crisis, we’re seeing people revert to type and say that “foreigners don’t deserve the same government support as Japanese”, even though NJ Residents are paying taxes and living in Japan like any other people. The most recent manifestation has been self-hating Upper House Dietmember Onoda Kimi, an American-Japanese (father is American) representing Okayama (this place seems to spawn racists). She argues on Twitter that NJ Residents should not be granted the same access to proposed government cash subsidies for taxpayers in financial hardship.

As sent from a Debito.org Reader. More information at the Change.org petition link:

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小野田紀美【自民党参議院議員(岡山県選挙区)】

⁦‪@onoda_kimi‬⁩

⁦‪@YoshiakiSabaiDi‬⁩ マインナンバーは住民票を持つ外国人も持ってますので、マイナンバー保持＝給付は問題が生じます。

30/03/20, 22:36

https://twitter.com/onoda_kimi/status/1244619519944867841?s=11

Hello Debito,

I’m a NJ residing here in Japan from 12 years. I think you might find this interesting. Just go to her Twitter account to see the whole discussion. There’s also a petition going on asking this idiot to step down: https://www.change.org/p/自由民主党-差別議員-小野田紀美-自由民主党-氏の議員辞職を求めます?recruiter=842277911

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On top of that there’s Lower House Dietmember Sugita Mio, hailing from Tottori, who is also tweeting sophistic arguments that financial support for Non-Japanese citizens in Japan is the responsibility of their respective countries, not the GOJ, completely overlooking their legally-obligated tax contributions to the Japanese government’s coffers:

https://twitter.com/miosugita/status/1247300286600732672

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Sugita is the same bigot who argued “there is no justification for efforts by the state and municipalities to invest taxpayers’ money into policies supporting same-sex couples because “these men and women don’t bear children — in other words, they are ‘unproductive.’” (Japan Times), so it’s entirely within character for her to shut out another set of minorities in Japanese society.

But it’s not just Japan’s pandering political elite. Differentiating, “othering”, and subordinating NJ from Wajin is part of the normalized Embedded Racism within Japan’s bureaucracy and law enforcement as well:

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Hi Debito,

Apparently, the Ministry of Health, Labour and Welfare makes a clear distinction between Japanese and foreigner when it comes to coronavirus infection.

In this page we can see that they clearly specify that 1,099 of the 1,494 infected are Japanese.

https://www.mhlw.go.jp/stf/newpage_10636.html

The relevant text is here:

・患者1,494例（国内事例1,466例、チャーター便帰国者事例11例、空港検疫17例）
・無症状病原体保有者233例
（国内事例195例、チャーター便帰国者事例４例、空港検疫34例）
・陽性確定例226例（国内事例226例）
・日本国籍の者1,099名（これ以外に国籍確認中の者がいる）

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Hi Debito,

Japan’s proclivity for arbitrary detention continues — here we have a PR who was detained for 19 hours while looking foreign during a pandemic:

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

Iranian permanent resident held for 19 hours at Japan airport amid virus fears

March 31, 2020 (Mainichi Japan)

<https://mainichi.jp/english/articles/20200330/p2a/00m/0fe/016000c>

“According to the man, he was tested for infection with the novel coronavirus before then having his residency permits inspected by the Immigration Services Agency of Japan’s Narita Airport District Immigration Office. He was forced to spend 19 hours overnight under its jurisdiction without being offered food or water, and when the ordeal was over the authorities sought a total of 60,000 yen in fees for use of the room he was detained in and other costs.”

成田入管で19時間留め置き　日本に20年暮らすイラン人の怒り <https://mainichi.jp/articles/20200329/k00/00m/040/079000c>

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

Regards, -JK

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So there’s some more Debito.org grist. To be sure, this sort of stuff is happening worldwide. But Debito.org’s mission is to catalog Japan’s hand in it, so there you go. Debito Arudou Ph.D.

Japan’s reaction to coronavirus: Bigots excluding NJ residents from restaurants. Saitama Korean schools denied protective mask distribution because they might “sell off” the masks.

Posted on March 22, 2020March 23, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. As was expected (since this sort of thing is happening worldwide), the bigots unfettered by any laws against racial discrimination in Japan are doing what they do best — bigotry. While I’m aware that in a time of pandemic it’s nice to have more uplifting articles, this blog has been designed to catalog life and human rights issues in Japan. Let’s keep at it, showing how racists are portraying Covid-19 as a “foreign” virus, and making sure that foreigners don’t get the same public service or protections against it:

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Local government in Japan excludes Chosen Gakko from public mask distribution
By Cho Ki-weon, Tokyo correspondent, Hankyoreh (Korean Independent Newspaper)
Posted on Mar. 12, 2020
http://english.hani.co.kr/arti/english_edition/e_international/932345.html

PHOTO: Korean-Japanese and Japanese citizens protest the Japanese government’s decision to exclude Chosen Gakko schools from its complimentary children’s education policy in November 2019. (Hankyoreh archives)

A decision by a local government in Japan not to include Chosen Gakko (Korean school) kindergartners in its distribution of masks for novel coronavirus prevention has sparked protests from affected communities.

According to a Mar. 11 report in the General Association of Korean Residents in Japan (Chongryon) newspaper Choson Sinbo, the city of Saitama in Saitama Prefecture excluded Saitama Korean Kindergarten and private academies from its plans to distribute 240,000 of the city’s stockpile of masks to employees working in daycare centers, kindergarten, after-school academies, and senior citizen facilities in Saitama. Upon learning of this, the principal of Saitama Korean Kindergarten inquired with the city on Mar. 10 and was told by a city official that the Korean kindergarten “is not considered a facility under Saitama city guidance and oversight, and instruction cannot be provided in cases where the masks are used inappropriately,” the newspaper reported. Representatives of the Korean kindergarten visited the city hall on Mar. 11 to protest, describing the measure as an “unforgivable action” that “cannot be ignored in human rights or humanitarian terms,” the newspaper said.

Difficulties in acquiring masks have become an issue in Japan due to the effects of the novel coronavirus outbreak. The Japanese government is currently planning to purchase 20 million masks in bulk for distribution to senior citizen facilities and daycare centers.

Kyodo News also reported a Saitama city employee as suggesting that masks might be “sold off” if provided to Korean kindergartens. A city official apologized for the remarks to the principal on Mar. 11, calling them “inappropriate,” the agency reported. It also reported a Saitama city official as expressing that the mask distribution targets may be reconsidered.
ENDS

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さいたま市　マスク配布、朝鮮学校幼稚部を除外　「転売されるかも」職員発言に市幹部謝罪
毎日新聞2020年3月11日
https://mainichi.jp/articles/20200311/k00/00m/040/328000c

さいたま市役所で、マスクの平等な配布を求める埼玉朝鮮初中級学校幼稚部の朴洋子園長（右手前）ら＝11日午後
新型コロナウイルスの感染防止策として幼稚園や保育園に備蓄マスクを配布しているさいたま市が、埼玉朝鮮初中級学校の幼稚部（同市大宮区、園児41人）を配布対象から外していたことが11日、関係者への取材で分かった。幼稚部の関係者らが同日、市に平等に配布するよう抗議し、市幹部が配布対象を再考すると表明した。

市職員が幼稚部に配布しないと10日説明した際に、配ったマスクが「転売されるかもしれない」との趣旨の発言をしたことも分かり…
Rest behind paywall at https://mainichi.jp/articles/20200311/k00/00m/040/328000c

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朝鮮学校の幼稚園、マスク配布対象外に　さいたま市
新型肺炎・コロナウイルス　高絢実
朝日新聞　2020年3月11日 23時36分
https://www.asahi.com/articles/ASN3C7RH3N3CUTNB00C.html

さいたま市が幼稚園や保育所などの職員らにマスクを配布する中で、埼玉朝鮮初中級学校の幼稚部（同市大宮区）が対象外となっている。11日、学校関係者や保護者ら約20人が市役所を訪れ、配布の対象とするよう求めた。

市は9日から、子どもを預かっている公立・民間施設の職員用にマスク約9万3千枚の配布を開始。幼稚部の朴洋子（パクヤンジャ）園長（61）は翌10日に報道で配布を知り、市に問い合わせた。朴園長によると、市から「（朝鮮学校が分類される）各種学校は市の管轄ではないため、配布したマスクがどう使われるかを監査できない」という旨の説明を受けたという。

学校は2日から休校。幼稚部は通常通りだが、心配な場合は休むことを認めており、全園児41人中、37人が通園しているという。通園バスの運転手を含めて、職員は7人。朴園長は「正直びっくり。こういう非常事態でウイルスを広めないために配っているのに、除外ということがまかり通るのかと思う」と話した。

市は朝日新聞の取材に「備蓄しているマスクに限りがあるので、市が監査できる所管施設を対象にした」と話した。（高絢実）
ENDS

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Tokyo Ramen Restaurant Won’t Allow Foreigners Because Of Coronavirus
By Brian Ashcraft, Kotaku.com, 2/20/20
https://kotaku.com/tokyo-ramen-restaurant-wont-allow-foreigners-because-of-1841805078/

Ueno Sanji, a ramen restaurant in Tokyo, is only allowing Japanese customers due to COVID-19 concerns. The owner (pictured) claims that this is not discrimination but his duty to protect his family, his employees and his loyal customers.

There have been around 75,000 cases of people infected with coronavirus in China, followed by 104 in South Korea and another 87 in Japan. Internationally, coronavirus has led to incidents of anti-Asian discrimination and xenophobia. However, the same is also happening within Asia towards Chinese people:

At Ueno Sanji, a ramen restaurant in Tokyo, an English language sign was posted reading, “Sorry!! Japanese Only Sorry!!”

The above tweet reads: “Starting today, as a countermeasure to the coronavirus, [this restaurant] is Japanese only. I have a responsibility to protect my family, my staff and Sanji junkies. Please understand that this is not discrimination.”

On Twitter, people replied in Japanese that this was in fact discrimination and even hate speech. Others pointed out that viruses don’t pay attention to nationality.

Considering that Japan has the third most cases in the world of the virus, with Japanese nationals infected with coronavirus, Ueno Sanji’s proclamation seems especially odd.

Wrote one Twitter user in Japanese, “If you are really worried about the coronavirus, then you should refuse all customers.”

ENDS

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They are not alone:
Courtesy https://twitter.com/345triangle/status/1238776189482754048

(Click on image to expand in your browser. H/T to SM)

The Japanese sign below it reads:

“INFORMATION ABOUT POLICIES TAKEN AGAINST CORONAVIRUS

“Thank you very much for being a loyal patron of our establishment.

“At the moment the Coronavirus is also greatly infecting Japan. As far as our establishment goes, our foremost thoughts are on everyone’s safety, so our staff is periodically cleaning and disinfecting everything.

“Additional measures include (largely illegible to these 55-year-old eyes, but nothing mentioning foreigners; anyone with sharper vision than mine is welcome to translate). Please understand in advance that in rare circumstances there will be a bit of a smell, but this will have no physical effect on you.

“Finally, we shall make every effort to prevent the spread of infection, so we would appreciate your understanding and cooperation.”

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

COMMENT: In other words, to this restaurant this is a “foreign virus” that warrants careful cleanliness for the sake of Japanese customers but outright exclusion for foreigners, including foreign residents who pose the same risk factors as any Japanese who hasn’t traveled abroad (and not including Japanese who have).

I contacted the person who tweeted these pictures, Sam Byford, a week ago for more information about the location of these signs, but no response. It might be in Kichijouji, so keep an eye out. Debito Arudou, Ph.D.

Debito’s SNA Visible Minorities column 8: “No Free Pass for Japan’s Shirking Responsibility”, Mar 16, 2020 (full text archived)

Posted on March 16, 2020June 2, 2022 by Debito Arudou, Ph.D.

mytest

Hi Blog. I know everyone’s talking about the Coronavirus (and I do here too, for a bit). But my latest column backs the lens up to see this all in a larger context of Japan’s perpetual bad habits, and how they get a “free pass” even when those habits have adverse effects on the rest of the world. Especially when Japan is being held up as a model by many as a system that helps the powerful evade responsibility and transfer blame. Have a read.

One more note: Nowhere else in Japan but an independent news press like the Shingetsu News Agency would publish an article like this. This article will be behind a paywall in a few days, so please chip in $5 a month (I pay more) at the venue for access. Debito Arudou, Ph.D.

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Visible Minorities: No Free Pass for Shirking Responsibility
SHINGETSU NEWS AGENCY, VISIBLE MINORITIES COLUMN 8
MARCH 16, 2020 by DEBITO ARUDOU
http://shingetsunewsagency.com/2020/03/16/visible-minorities-no-free-pass-for-shirking-responsibility/

SNA (Tokyo) — There’s an oft-used expression in Japanese: sekinin tenka. Best translated as “passing the buck,” it’s a reflex of dodging blame for one’s own actions by transferring responsibility to others. For too long, Japan has done so on the world stage with impunity—even when it affects the world adversely.

Let’s start with, since it’s timely, the 3.11 Fukushima nuclear meltdown that took place nine years ago this month. While the earthquake and tsunami are not Japan’s fault, situating a nuclear power plant so perilously close to the coastline is; as is the perpetually-botched response of containment and leakage (even the willful dumping) of irradiated water into the Pacific Ocean.

Contrast that with the attention and criticism (and even a TV series) Russia got for Chernobyl, where the situation has finally been contained in a sarcophagus. In Japan, officials instead blamed world standards of safe radiation levels for being alarmist (adjusting them upwards for domestic political purposes) and declared Fukushima produce safe for consumption.

Even more timely is how sekinin tenka influenced Japan’s COVID-19 response. I mentioned last column the cruise ship Diamond Princess, still docked at Yokohama harbor, where thousands of passengers are quarantined in what became a fast-breeder petri dish for Coronavirus. Official dithering and silo-ing resulted in unsafe containment conditions (and the silencing of a medical-specialist whistleblower), exacerbating an international incident. It got so out of control that respective governments had to swoop in and extract their citizens. So far, seven passengers have died from these bureaucratic games.

But still responsibility has been evaded. To this day, the Japan is the only country to exclude cruise ship passengers (many if not mostly Japanese citizens) from its national patient tallies. It’s been inspiration to some: Trump tried to get away with the same thing when another cruise ship recently docked in Oakland, California, when he decried, “I like the numbers being where they are. I don’t need to have the numbers double because of one ship that wasn’t our fault.”

In Japan, sekinin tenka is normalized enough to be a reflex, and it has a long history.

Consider Japan’s attitude towards its colonialism. Despite two generations occupying and exploiting other Asian countries, it eschews any special ties that other colonists, such as Great Britain and the Commonwealth, have. In fact, Japan so disavows any responsibility for its past that it classifies former Japanese citizens of empire (the Zainichi, whose ancestors worked, fought, and died for Japan) as “foreigners” even though their descendants have been born in raised in Japan for generations.

This is legitimized by Japan’s academia and intelligentsia. Japan is the only modern former imperial power that has essentially evaded the self-reflections of postcolonialism, never truly coming to terms with its role as occupier and aggressor in two world wars. Instead you get Japan’s narrative of self-exoneration and victimhood—so strong that some quarters even blame America for allegedly forcing Japan to attack Pearl Harbor. This unchecked historical revisionism and denialism perpetually angers Japan’s neighbors and remains a destabilizing narrative in the region.

Finally, sekinin tenka approaches the absurd when you look at Japan’s race relations. To this day, educators and opinion leaders (including even many overseas academics) see Japan’s racism as something exogenous, adopted from “Western concepts of race”. Their argument runs that Japan was just mimicking other Western Imperialists, meaning the onus is somehow on Westerners for inspiring Japan. Even today, Japan’s clearest examples of racism are excused with the logic that Japan’s discrimination can’t be “racial in the Western sense” because Japan apparently has no other races.

But this is no accident. Japan’s education system still teaches the concept of racial discrimination as something that only happens elsewhere, such as in the American South under Jim Crow or South Africa under Apartheid. Result: A society that won’t see and can’t address its own racism, and furthermore gets defensive when pointed out.

However, some might say, so what? Who cares what Japan does as China becomes Asia’s leader? But that overlooks how Japan’s bad habits continue to affect the world.

How about Japan’s head start on global warming, after decades of unsustainable deforestation of other parts of Asia (such as Indonesia and The Philippines) for the sake of the continued practice of cosmetic overwrapping of products and disposable chopsticks?

How about Japan’s overmedication practices that spawned antibiotic-resistant superbugs that plague hospitals worldwide?

How about Japan’s sponsorship of overseas university Japan Studies departments (now mimicked by China’s Confucius Institutes) as a means to blunt critical analysis of Japan?

How about Japan’s creation of unfettered anonymous internet forums (such as 2-channel) that have inspired online troll factories and bullying worldwide, to the point where they now polarize societies and influence elections?

And most importantly, how about Japan being used as a template for creating viable “ethnostates” worldwide, inspiring radical conservatives and xenophobes (most famously Steve Bannon and Trump)? Japan has demonstrated how to keep a country racially “pure” by curbing immigration and blaming foreigners for multiple social ills (while happily importing foreigners as cheap disposable labor with few civil or political rights).

In fact, what’s been happening in the United States for the past three years has been happening in Japan for decades. Japan’s ruling-elite kakistocracy has led the current “populism” wave undermining liberal democracies worldwide.

Ironic is that whenever China or Russia do the things that Japan does, they are quickly vilified as untrustworthy and antithetical to the values of liberal societies. And rightly so.

But even a generation after the end of the Cold War, Japan is still getting a “free pass” under the legacy of anticommunism, what with Japan being the unshakable Asian ally of the “free world”. Even President Obama’s “Pivot to East Asia” strategy chose to overlook Shinzo Abe’s revisionism and willful remilitarization of Japan.

Again, some might say, it really doesn’t matter. Karma’s a bitch. Senescent Japan will get theirs as students worldwide study China instead, and Japanese Studies fades into the sweetmeat pursuits of observing a soft-power superpower.

That would be a mistake. Japan’s free pass on its bad habits is still hurting the world.

It is incumbent on people who still know a lot about Japan, such as our generation of scholars from the 1980s-1990s who studied Japan as an economic powerhouse (not an anime factory), to keep pointing out the bad habits. How Japan is poisoning not only the oceans but also international relations in Asia. How it is offering succor to xenophobes and megaphoning their intolerance. And how it is fostering political systems where unaccountability is normal and shifting responsibility to others is a viable practice.

Allowing Japan to show the world how things are done will in fact help undermine liberal societies and democracies. Let’s keep an eye on that. Call out the sekinin tenka.

ENDS

My SNA Visible Minorities column 7: “Japan’s Botched Response to the Diamond Princess Coronavirus isn’t Racism; it’s Stupidity”, Feb 17, 2020 (full text)

Posted on February 15, 2020October 30, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. The Diamond Princess cruise ship case (which has been discussed extensively on Debito.org this past week) fell within my SNA monthly column window this time, so here’s my take on it. Enjoy. Debito Arudou Ph.D.

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Visible Minorities: Japan’s Botched Response to the Coronavirus
By Debito Arudou, Shingetsu News Agency, Feb 17, 2020
http://shingetsunewsagency.com/2020/02/17/visible-minorities-japans-botched-response-to-the-coronavirus/

SNA (Tokyo) — The drama of cruise ship Diamond Princess, currently moored at Yokohama and quarantined by Japan’s Health Ministry due to some of the 3,700 passengers and crew testing positive for the coronavirus, is a human rights crisis.

The Covid-19 outbreak that originated in China has killed more than 1,700 people and sickened tens of thousands.

Here’s my take: Surprise! I’m not going to argue that the prison-ship conditions are due to racism, but more a matter of official stupidity.

Racist would be what happened in Japan during the SARS outbreak in 2002-2003 and the H1N1 swine flu in 2009. Back then, some hotels and other businesses refused entry not only to all “Chinese,” but also to all foreigners (and it happened to me, even though I’m not a foreigner). Racist was the idea that the contagion was a foreign thing, and Japanese (who by that time had also been infected) were somehow immune.

To be sure, exclusions like that are indeed happening again here and in other countries, as public fears outrun the coronavirus’s infection rate. But to see the Diamond Princess fiasco in the same light would miss the point: It’s more Japan’s germophobia than xenophobia.

Remember that Japan is a place where face masks are fashion, and even bokin (bacteria-resistant) bicycle handlebar grips are marketable. Even after definitive science on the non-contagiousness of Hansen’s Disease was known, Japan was one of the last countries to abolish its leper colonies. Japan’s over-prescription of antibiotics has created medicine-resistant superbugs. Indeed, cleanliness has reached the point of becoming impossibly antiseptic.

Given this aversion to germs, it’s no wonder Japan’s knee-jerk reaction was to make the Diamond Princess into a lazaret.

Nevertheless, the Japanese government botched it. The right thing, as Italy and Hong Kong did with their cruise ships, would have been to immediately test everyone on the ship and then quarantine those certifiably infected, or to quarantine everyone off-ship in hotel rooms for the two-week period. There should have been enough hotel rooms for 3,700 people considering the preparations for the Olympics this summer.

Instead, they kept everyone on board, dubiously citing insufficient testing kits, and converted the ship into an incubator—thus ensuring that more people would infect each other. The Diamond Princess has become the largest coronavirus outbreak outside of China.

Why? Here’s where the stupid comes in: authorities just didn’t want Japan’s infection statistics to go up.

If passengers had deboarded, they would have officially entered the country, and anyone testing positive would have to be added to Japan’s official numbers of infected. This would embarrass Japan’s leaders, who are suffused with the chauvinism that “rich, developed Japan is not like China or the rest of Asia.” Many a statistic that might dent national pride (such as Japan’s celebrated, but artificially-low unemployment rates) are routinely fudged. Sure enough, according to the Johns Hopkins Department of Civil and Systems Engineering website, the 355 confirmed cases on the Diamond Princess remain uncounted by any country.

But again, this stone-headedness is not a matter of racism, because the largest nationality on board (1281 passengers, about a third), are in fact Japanese. They’ve been caught up in the stupid and not getting any exceptional treatment. They’ll just have to stay on board and gaman (persevere) like everyone else.

But that’s another thing the Japanese government botched: the willingness of all the passengers to simply gaman the stupid. The Diamond Princess is an international ship, and passengers from other countries aren’t going to do what’s expected by Japanese authorities. They are not going to quietly do as they’re told.

In fact, many people with different historical touchstones about being quarantined might object to being trapped on a Kalaupapa, a Swinburne Island, a Poveglia, or a wartime “hell ship.” So they did something about it. Passengers and crew have internet access, and they complained loudly to their respective governments and media about the increasingly intolerable conditions they have been subjected to.

Viral videos and interviews have turned the Diamond Princess into a much bigger embarrassment than some statistical infection rate blip. Instead of looking like Asia’s foremost modern, clean, and civilized country, Japan has only managed to look unprepared to handle international standards of disease control, or for that matter the international tourism Japan wants so badly.

However, the Diamond Princess isn’t just another case of Japan’s ham-fisted handling of international issues that usually goes unnoticed by the outside world. People might actually die from the official incompetence this time.

This sore lack of viable emergency plans, despite all the prior waves of epidemics, is once again due to Japan’s vestigial self-image of being an isolated island chain, and how that fact somehow keeps it safe and immune from problems plaguing the rest of the world.

At this point, all the Japanese government can hope for is the disease will run its course in a few weeks, and everyone will just get sick, recover, and go home. But if somebody dies on this modern-day “hell ship” they’ve created, that’s not a blameless Act of God; that’s on them.

It’s time for Japan to stop reverting to type. It’s time to realize that freaking out and shutting out the outside world, then expecting the public to gaman no matter what mistakes the short-sighted bureaucrats make, is no longer viable public policy. Overcome the stupid national pride, and learn some lessons from how other countries manage crises.

For breaking news, follow on Twitter @ShingetsuNews

Senaiho “Hair Police” School Bullying Case Update 4: Civil lawsuit launched against school bullies, gaining traction with other international couples

Posted on February 8, 2020February 8, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s the latest update from NJ resident Senaiho (previous updates three, two, and one here), whose daughter was not only bullied by school peers, but also had her hair forcibly cut by schoolteachers in public, causing her so much PTSD that she dropped out of school. This is yet another incident of Japan’s institutionalized school bullying of children of color that Debito.org has long called “the Hair Police“. Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life. (As discussed at length in book “Embedded Racism“, pg. 154-5.)

The difference now is that Senaiho has launched an actual civil court case. Over more than a year now Senaiho has tried other channels, such as taking it before school authorities and asking for criminal investigations, and all they have gotten is stonewalling and official coverup. So now he’s suing the bullies themselves. Let’s see what precedent this is going to set. Given that others are now standing up against insanely intrusive Japanese school conformity rules (“burakku kousoku”, including warmer clothes in winter, freedom of assembly or travel, and even the color of their underwear!), this may be a landmark case. Meanwhile, Senaiho offers an update with a newspaper clip below.

Well done, Senaiho. Stay the course! Debito Arudou Ph.D.

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

From: Senaiho
Subject: Brief update
Date: February 7, 2020
To: debito@debito.org

Hello Debito,
Included is an attachment from the Yamanashi Nichi Nichi Shinbun 2/5/2020 shot of an article that just gives an announcement of our case in the court, so I won’t bother to translate it all. It does state that the parents of the bullying perpetrators say in documents filed in the suit, that they think bringing awareness of N.J. and prejudice/bullying of these people should be the job of the schools, not theirs as parents. I think the school will argue that is the job of the parents, and not the schools. Passing the buck.

What I can say in addition to the article is that while we have a mountain of documents that the school and city officials provided according to the freedom of information request we made, there are glaring gaps in these documents — so much extensive redaction made that they become almost worthless. What we hope to do through this suit is use the power of the court to force the school officials and city office to provide us with complete files of information regarding us. This should include the names of the co-conspirators that engaged in the bullying, who hopefully can be brought into this suit at a later date.

There is also the option of reopening the criminal case with the prosecutors office if we find additional evidence. We have three years to do this.

We have also been contacted by several people from various parts of the country asking for advice on what they should do in their own bullying/futokou cases. Our impression is that children of international and mixed marriage couples suffer disproportionately at the hands of bullies, and school officials which is no surprise to you I am sure, but they also tend to suffer more because of a lack of support and isolation in getting information they need. There is also a great variety of policies that various school systems have around the country which makes it more confusing.

Thanks again for everything. Sincerely, Senaiho

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The article:

“Gaikokujin Shimin”: Kawaguchi City Mayor Okunoki (kinda) answers a query about the racialized application of this term that officially makes Japanese into “foreigners” (UPDATED)

Posted on February 1, 2020February 8, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. As we’ve talked at length before (it even topped my annual JT Top Ten Human Rights Issues for 2019), city governments have been using a racialized definition of local residents, namely “Gaikokujin Shimin“, that officially classifies even naturalized Japanese citizens, Japanese children with foreign roots, or anyone with connections to a foreign land as “foreigners”. Submitter ABC below offers a letter sent to the Kawaguchi City Government asking for clarification of the uses and effects of this official term. Thankfully, Kawaguchi City Mayor Okunoki Nobuo answered Submitter ABC. I enclose the query, Okunoki’s answer, and my attempt at a translation of the answer, below.

I’ll comment on the contents afterwards.

SUBMITTER ABC’S LETTER (reproduced here with permission):
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From: ABC
Subject: A letter to and response from Kawaguchi mayor Okunoki
Date: January 30, 2020
To: Debito Arudou <debito@debito.org>
Hi Debito,

I wrote some posts in the comments section for “The annual Top Ten for 2019 of human rights issues as they affected NJ residents in Japan” upon seeing that the article mentioned Kawaguchi as using 外国人市民 like other municipalities. As a resident, this didn’t sit well with me and I wrote a letter to the mayor. I received a response today so I’d like to share what I sent (via snail mail) and what I received.

I’ve redacted certain sections and text for privacy reasons.
Sincerely, ABC

PDF: Letter to Mayor Okunoki 0113 redact (click on link to download)
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MAYOR OKUNOKI’S ANSWER (click to expand in browser):

TRANSLATION BY DEBITO (WITH CORRECTIONS COURTESY OF DEBITO.ORG READER LOVERLAKKUMA IN THE COMMENT SECTION)
================================
(Basic official opening greeting)
Thank you very much for sending your opinion as a Letter to the Mayor. I will answer your questions below.

First, why does the “Kawaguchi City Vision for Coexistence with Multiculturalism” have the definition of “Gaikokujin Shimin: Not only foreigners who are local residents, but also includes residents who have taken Japanese citizenship, and residents who have cultural backgrounds in foreign countries”? It has that definition because even if someone has naturalized and taken Japanese citizenship, it is assumed (soutei) that they might still require some assistance in regards to multicultural coexistence. Please understand that this doesn’t mean our city has any intention of forcefully framing (gouin ni minasu) people who have taken Japanese citizenship as foreigners.

Second, why did the “Kawaguchi City Vision for Coexistence with Multiculturalism Ver. 2.0” delete that definition? While we were promoting multicultural coexistence based upon our “Revised Kawaguchi City Aims for Coexistence with Multiculturalism”, we were formulating our “Kawaguchi City Vision for Coexistence with Multiculturalism Ver. 2.0”. This does not mean that we revised the definition, but rather that we came to the conclusion (toraeta) that our efforts to support foreign residents — including naturalized people — had progressed enough (tsuchikawareta) to gain public understanding for those who may need support, so there was no need for further clarification of that definition.

For the third question “Under what concepts and framings is the city taking the initiatives toward foreign residents living in Kawaguchi City (short-term and/or long-term)?”: We are engaging in promotion of our multicultural co-existence by reframing the previous concept of “foreign residents,” from “recipients of support” (shien no taisho) to “providers of support” (shien suru gawa) in the “The Kawaguchi City’s Vision for Multicultural Co-existence Ver 2.0.”. This extols (utau) the vision of a city where people can participate positively in city planning (machi zukuri).

Fourth, how is Kawaguchi City envisioning the future for foreigners (and the descendants of children of international marriages)? Our city presumes that in future the number of foreigners will continue to increase. We want these people to serve as leaders in local community for any public need such as fire drills. We are seeking our goal by incorporating foreign perspectives, regardless of nationality, for the successful building community that all residents in our city can live peacefully and securely. We look forward to your understanding and cooperation.

January 29, 2020. OKUNOKI Nobuo, Kawaguchi City Mayor

PS: The people in charge of this matter are in the Cooperative Promotional Section of the city government. Yoroshiku.

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

COMMENT FROM DEBITO:

Y’know, I think Mayor Okunuki has his heart in the right place. I think he’s genuinely trying to assist people of diversity live peaceful lives in his district like any other person.

However, any discussion of how problematic it is to use the term “Gaikokujin Shimin“, i.e., grouping together people as “foreigners” regardless of nationality or legal status (based upon an explicit presumption that some people who have taken the trouble to naturalize still want to be treated as foreign), has been obscured in pat Bureaucratic Japanese sloganeering.

All this talk linking “multicultural coexistence” to “machi zukuri” (as if it wouldn’t happen anyway without the need to officially differentiate between people by assumed “foreignness”) doesn’t progress beyond the “sekkyokuteki” boilerplate, or the mutual-appreciation society of “let’s be nice to foreigners” that still manages to offset people with any foreign connections as somehow “different” and “worthy of special attention”. It’s as if Neanderthals still exist, and we’re still pondering policy on to integrate them into our Real-Human community.

Calling them “Gaikokujin Shimin” doesn’t help. It’s precisely the problem, actually, as the tool of offsetting. And just saying that the “definition has no forceful intent to presume that naturalized citizens etc. are foreigners” doesn’t make it so.

In sum, I think this is one of the best examples in favor of the Sapir-Whorf Hypothesis, about how language and the very words we use constrict cognition and world views. The fact that Japanese bureaucrats cannot under any circumstances step out of their linguistic bubbles, and consider what it’s like as a minority in Japan dealing with the embedded racism of Japanese policymaking, is demonstrated very well here. Debito Arudou, Ph.D.

My Japan Times JBC 118: “Remain calm when stopped by the police”, on what to do if stopped by Japanese police for an Instant ID Checkpoint, Jan 20, 2020

Posted on January 24, 2020March 16, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. I’ve written about this many times before, but the JT commissioned me to write up this quick sidebar to a separate article about Japan police racial profiling on a NJ student of color (who has been cited on Debito.org before).

I’ve come to the conclusion that there is no failsafe method that will work in all situations, given the enormous power of policing agencies in Japan. However, submitting to unlawful and racialized enforcement of the law is not something Debito.org can abide. So here goes. Debito Arudou, Ph.D.

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ISSUES | JUST BE CAUSE
Remain calm when stopped by the police in Japan
BY DEBITO ARUDOU, CONTRIBUTING WRITER, JAN 20, 2020
Courtesy https://www.japantimes.co.jp/community/2020/01/20/issues/remain-calm-when-stopped-police-japan/

Visible minorities in Japan are in a tough spot in a country where the police have a lot of arbitrary power and few enforceable checks (as we’ve been witnessing recently with the Carlos Ghosn case). As a result, we are facing two decades of police-promoted narratives of “the foreigner” as a visa overstayer and criminal.

What follows is my advice on what to do if you face a sudden ID check on the street — that is, assuming you don’t want to simply surrender your zairyū kādo (residence card) and eventually get on with your day. This is just a brief outline, you can find more details online at debito.org/whattodoif.html.

Ask why you are being stopped: Ask if this is a “shokumu shitsumon” (police questioning of personal details). If yes, the law requires probable cause that a crime has been or is about to be committed, and the display of POLICE ID upon your request. If it is not, ask if you may leave.
Ask to see their ID: “Sumimasen. Keisatsu techō o misete kudasai” will do. Write it down and/or take a picture of it. This will no doubt agitate, but without this record there is no personal accountability.
Use your phone (or ask a friend) to start recording: You do not need consent and, even if done surreptitiously, a recording is admissible in court. They will tell you to put the phone away, but at least leave the audio on. No recording may result in a “he-said, she-said” outcome and nobody is likely to believe your side. It may also preemptively temper the cops’ behavior somewhat, but there’s no guarantee it won’t go the other way.
Ask if compliance is optional (nin’i desu ka): If they ask to go through your backpack, pockets and wallet, you have the option to refuse the search without a warrant (reijō). Try: “Reijō ga nakereba, kekkō desu.” (“Without a warrant, no thank you.”)
Above all, remain calm and polite, and never raise your voice: That can be difficult when surrounded by a phalanx of suspicious cops. But, as in other societies, the threshold of “resisting arrest” in Japan is arbitrary, and a judge will take the police officer’s word over yours in custody.

Arm yourself with the requisite vocabulary. Demonstrating some fluency with your statutory rights will also act as a natural check on abuses. Cops around the world take advantage of the ignorance of their targets, so if you come off as informed and confident, things might go smoother.

There’s no surefire means of getting out of an ID check (except perhaps getting your own personal chief of police to vouch for you except perhaps getting your own personal chief of police to vouch for you), but doing a few of these things might help you feel less powerless afterward. Good luck.

ENDS

SNA Visible Minorities Col 6: “Carlos Ghosn’s Escape from Japan Was the Right Move”, Jan 20, 2020 (UPDATED with full text)

Posted on January 20, 2020November 24, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s my latest column from the Shingetsu News Agency. Enjoy. Debito Arudou, Ph.D.

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Visible Minorities: Carlos Ghosn’s Escape from Japan Was the Right Move

Shingetsu News Agency, JAN 20, 2020 by DEBITO ARUDOU in COLUMN

http://shingetsunewsagency.com/2020/01/20/visible-minorities-carlos-ghosns-escape-from-japan-was-the-right-move/

SNA (Tokyo) — I have to admit more than a twinge of sympathy for Carlos Ghosn’s Great Escape.

Ghosn, the former CEO of Nissan, Mitsubishi, and Renault, was arrested in November 2018 on the initial suspicion of falsifying his compensation levels, and subjected to more than a year of Japan’s “hostage justice.” That is, he was held hostage to a judicial system that detains you until you confess to a crime, and subjects you to days, weeks, months, or conceivably even years of interrogation and tortuous conditions until you crack. Understandably, most do crack, and Japan’s conviction rate after indictment is famously more than 99%.

But as you have probably heard, at the end of December Ghosn suddenly turned up in Lebanon, one of three places he has citizenship. Out on bail in Japan, he made a daring escape that people are still trying to piece together, including man-sized musical instrument cases, an uncharacteristic lack of Japanese border security, and a mysterious visit to Lebanon’s president by Japan’s state minister for foreign affairs mere days before Ghosn jumped bail.

Ghosn is now making good on his threat to expose everything that happened to him while in custody. His multilingual press conference in Beirut two weeks ago was breathtaking to watch, full of documentation, pointed fingers, and hot-tongued accusations of the human rights denied to Japan’s incarcerated.

This has been covered exhaustively worldwide, so what more is there to say? My perspective comes as a person who also tried to change Japanese rules and practices, and found that The System similarly fought back dirty.

I’m talking about the Otaru Hot Springs Case. In 1999, some friends and I challenged Japan’s lack of a law against racial discrimination, as manifest in signs up on businesses nationwide saying “Japanese Only.” Places with these “no foreigners allowed” rules included public bathhouses, restaurants, shops, bars, public facilities, and even hotels, schools, hospitals, realtors, and other public services essential to life in Japan. People were (and still are) arbitrarily being refused service because they “look foreign” to proprietors, and that includes allegedly “foreign-looking” Japanese citizens.

We first took several exclusionary cases to the court of public opinion, where we had some initial victories (signs coming down and the rules changed). But soon Japanese media began putting up resistance (similar to what Ghosn noted in his press conference) to reasoned, informed, and factual public debate.

It’s all described in detail in my book “Japanese Only” (ebook available for a buck on Amazon), but some of the media strategies we faced were similar, including:

Media quoting the proponents of the exclusionary status quo at length, less so the arguments of the critics;
Media portraying the proponents as somehow pitiable, as “keepers of the faith” in “traditional Japan.” Exclusions by physical appearance were soon construed as essentially normal, regular, or even necessary practices that keep Japanese in business;
Media portraying the critics as “Japan bashers,” “Japan haters”, and generally “anti-Japan.” Moreover, since foreigners were involved in the issue:
Media portraying the issue of as a matter of “cultural misunderstandings by foreigners who don’t understand Japan” and “outsiders and guests disrespectfully telling poor old Japan what to do.”

After that, public debate almost completely elided the issue of racism. The consequences were that issues of fair and equal treatment under the law were mooted, which affected the judicial outcome when we eventually took this case to court.

This enabling of exclusionism also empowered the militant “netto-uyo” (internet right-wing trolls) to inject anger, fear and loathing into the debate. Then came the hate mail and death threats (which I still get to this day) to our homes, neighborhoods and workplaces. With this came the hairy eyeballs from our neighbors and colleagues, meaning it was now somehow our fault for causing all this trouble. Thus by standing up for our rights, we had brought all this upon ourselves.

Point is, I think Ghosn and I would have a lot to talk about.

Granted, there are caveats to this comparison. Ghosn’s is a criminal case and ours was civil. We were not arrested, fired from our jobs (luckily), or put in jail for months.

But I really get Ghosn. I understand why he decided to do a runner. It wasn’t just because he was denied access to his wife for months as a means to break him down psychologically. It wasn’t just because prosecutors have decisive power over the evidence (even exculpatory evidence) submitted to court. It wasn’t just because they decided to have separate trials for each charge, and the first trial would probably begin in 2021 and then take years. And it wasn’t just because there is a separate and unequal jurisprudential track for foreigners than for Japanese (as detailed in my book “Embedded Racism”, Chapter 6).

It was that given this level of legalized bullying over the accused in Japan, Ghosn knew he wouldn’t get a fair trial with the presumption of innocence—neither in the courtroom nor in the court of public opinion. And he was exactly right.

Even Japan’s Justice Minister demanded Ghosn return and “prove his innocence.” That was not a gaffe. That’s exactly the system in Japan. And he would never be able to prove it when the courts and media follow the same presumption: you got arrested, so you must have done something wrong to bring The System down upon yourself. You’ll never get a fair hearing because your side will not be heard. Not within Japan, anyway. Especially as a foreigner.

I am aware that Ghosn’s skipping bail like this means foreigners will probably never be granted bail again. (Then again, almost no foreigners are anyway.) I am also aware that becoming a fugitive from justice just makes you look guiltier. Moreover, the fact that Ghosn could actually escape is testament to his level of privilege, unlike the multitudes of suspects, foreign and Japanese, caught in the wringer without the wherewithal and connections to flee.

But there is no other way but Ghosn for Japan’s judicial excesses to finally be brought to light in the international arena. I care less about one rich man’s escaping justice for possible white-collar crimes than about all the innocent people taken hostage by Japan’s unfettered police and sadistic prosecutors, who are less interested in finding the truth than in losing face by losing a case.

For too long now, Japan has gotten a free pass for its human rights abuses and torture of suspects. Ghosn is in the best position possible to blow the lid off this system and bring international pressure for reforms.

Ghosn can clear his name for his personal benefit if he likes. But as long as he winds up improving conditions for others incarcerated in Japan, I say support him in this quest. Let’s see if he can reform Japan’s vicious criminal justice system when we couldn’t reform Japan’s racist social justice system.

ENDS

My Japan Times JBC column 117: The annual Top Ten for 2019 of human rights issues as they affected NJ residents in Japan, Jan 6, 2020

Posted on January 6, 2020January 20, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog and Happy New Year. Here’s my Annual Top Ten for The Japan Times. Thanks for putting this column in the Japan Times Top Five for several days running!

Let’s start with some Bubbling Unders/Notable Obits with didn’t make the cut for space concerns, and excerpt the rest. Debito Arudou Ph.D.

ISSUES | JUST BE CAUSE
‘Low IQ’ kids, parental rights and problematic terminology dogged Japan’s international community in 2019
BY DEBITO ARUDOU, Column 117 for the Japan Times Community Page, January 6, 2020
https://www.japantimes.co.jp/community/2020/01/06/issues/japan-international-community-2019/

For over a decade, Just Be Cause has recapped the previous year’s biggest human rights and human rights-related issues that have affected the non-Japanese community in Japan.

With the start of a new decade upon us, I thought it would be appropriate to mix a little of what was going on in 2019 and connect it to the broader topics that came up during the 2010s. Some are victories, some are losses — some are dangerous losses — but all of the entries below (in ascending order) are at the very least highly relevant to all of us.

Bubbling under:
• The Ainu Recognition Law passes last February, meaning Japan is officially multiethnic.
• Donald Keene, scholar who opened Japanese literature to the world but senselessly portrayed fellow NJ residents as criminals and cowards, dies aged 96.
• Sadako Ogata, UN superstar for refugees who did surprisingly little for refugees in Japan, dies aged 92.
• Yasuhiro Nakasone, assertive former Prime Minister with a history of claiming Japan’s superior intelligence due to a lack of ethnic minorities, and of operating wartime “comfort women” stations, dies aged 101.
• Shinzo Abe becomes Japan’s longest-serving Prime Minister.

10) Otaru onsen, 20 years on

In September 1999, several international couples (including myself) tried to take a public bath at an onsen (hot-spring bath) in Otaru, Hokkaido, but were met with a “Japanese Only” sign rather than friendly customer service. The people who looked insufficiently “Japanese” (including myself and one of my daughters) were refused entry, while those who did (including a Chinese foreign resident) were allowed in.

The same onsen refused me entry again even after I became a Japanese citizen, and a group of us took them to court. The case, which went all the way to Japan’s Supreme Court, found the onsen guilty of “discriminating too much,” while the city of Otaru — which was also sued for not enforcing the United Nations Convention on Racial Discrimination that Japan had ratified in 1996 — was found not liable.

Twenty years later, “Japanese Only” signs are still posted in places and Japan is still not living up to its international treaty commitments, with no national law protecting non-Japanese communities from racial discrimination.

9) Diversity in sports…

See if your favorite issue made the Top Ten (yes, Ghosn did, again). Read the rest at https://www.japantimes.co.jp/community/2020/01/06/issues/japan-international-community-2019/

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

Posted on December 31, 2019December 31, 2019 by Debito Arudou, Ph.D.

mytest

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ED’S NOTE DEC 31, 2019: UPDATING THIS POST FROM FEB 2019 BECAUSE OF CARLOS GHOSN’S REEMERGENCE IN BEIRUT, HAVING SOMEHOW ESCAPED FROM THE CLUTCHES OF THE JAPANESE JUDICIARY. THE BEST ARTICLE I’VE FOUND ON THIS EVENT IS ON THE DAILY BEAST HERE.

DEBITO.ORG HAS COME DOWN DECISIVELY IN FAVOR OF GHOSN’S ESCAPE, AS CH 6 OF BOOK “EMBEDDED RACISM” DEPICTS JAPAN’S JUDICIARY AS DECIDEDLY AGAINST JUSTICE FOR NJ CAUGHT IN THEIR “HOSTAGE JUSTICE” SYSTEM. FACT IS, GHOSN NEVER STOOD A CHANCE OF A FAIR TRIAL, ESPECIALLY IN LIGHT OF ALLEGATIONS THAT HAVE SURFACED LATER THAT INDICATE NISSAN’S OWN (JAPANESE) CEO IS JUST AS GUILTY OF SIMILAR “CRIMINAL BEHAVIOR” THAT DID NOT RESULT IN ARRESTS.

READ ON FOR THE REASON WHY DEBITO.ORG BELIEVES THE GHOSN CASE WAS A FLIMSY ONE FROM THE START. AND HAPPY NEW YEAR. — Debito Arudou Ph.D.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stephen Givens is a corporate lawyer based in Tokyo.

ENDS

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Dejima Award #7: Nagoya City officially classifies “Foreigner City Denizens” to include “naturalized persons, children of international marriages, people with foreign cultures or roots in their backgrounds”. Viva Eugenics.

Posted on November 10, 2019April 8, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Alert Debito.org Reader XY sends me the following cover, for the Nagoya City Next Term General Plan (Intermediate Draft), dated August 2018.

Striking is what’s found on page 62, under official city definitions of terms:

It offers a definition of “Foreign City Citizens/City Denizens” (gaikokujin shimin), which is itself a reasonable category, since we want to attribute citizenry/residency within a city regardless of nationality (which the juuminhyou Residency Certificate system tried to separate and exclude for six decades).

But look who falls under the definition of “foreign” (my translation):

“In addition to people with foreign nationalities with an address within Nagoya City, this includes people like those who obtained Japanese citizenship, children born from international marriages, people with foreign cultures in their backgrounds, and people who have foreign roots.”

That pretty much makes it clear that you can’t ever be Japanese without “pure” Japanese blood and culture. In Nagoya, officially that also means you can’t escape being foreign. Ever. Even if you naturalize, or have a Japanese parent (who alas coupled with a foreigner), have any cultural ties to a foreign country, or have any roots in a foreign land.

Any taint or connection means you’re “foreign”. Not “international” (such as Kokusai Shimin). Foreign.

This not only defies common sense, it also, like the racist Japanese Sumo Association, violates the Nationality Law.

Granted, the next definition distinguishes between a foreign resident (gaikokujin juumin) and a foreign, er, citizen/city denizen (gaikokujin shimin), where the former is solely made into a matter of foreign nationality.

But in a society like Japan’s that adheres pretty strictly to a binary, where you’re either Japanese or you’re not, i.e., you’re a Nihonjin/Wajin or a Gaikokujin/Gaijin, I doubt that most people will be this sophisticated in their worldview. You’ve got any foreign ties? Case closed and door shut. You’re a foreigner, a gaikokujin. At best a Japanese with an asterisk. Even Nagoya City (Japan’s third largest city behind Tokyo/Yokohama and Osaka) officially confirms it.

Therefore, for this blatant and ignorant attempt to further classify, stigmatize, and alienate diverse Japanese away from a mythical “pure” Japan free from any foreign influences, I hereby award the coveted Debito.org “Dejima Award” to Nagoya City (only the seventh in Debito.org’s quarter-century of existence), for effectively reviving 19th-century discredited Eugenics theories about thoroughbredness. That any Japanese tainted by foreign blood, culture, roots or ties is to be classified as a foreigner. Debito Arudou, Ph.D.

UPDATE: Kawaguchi City’s Mayor answers to say that their intent behind using this term is not to “force” people into “foreigner” categories.

Senaiho Update 3: Civil suit to be launched over school “Hair Police” forced-haircut bullying of student in Yamanashi JHS (UPDATED)

Posted on November 2, 2019November 17, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. What follows is an update to the Senaiho Case of Junior High School bullying in Yamanashi, where a student three years ago had her hair forcibly cut by her Japanese school’s “hair police” (i.e., her teachers) against her will, resulting in trauma to the point where she could no longer attend. Debito.org has been covering this case for years now, and you can see previous entries here, here, and here. (And compare it with this.)

The news is that the family, working through “proper channels” to no effect (in fact, the opposite — officialdom harassed the victims further), are officially taking the bullies to court. Here’s Update 3. Debito Arudou, Ph.D.

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

From: Senaiho
Subject: Senaiho Update 3
Date: November 1, 2019
To: Debito Arudou <debito@debito.org>

Hello Debito,
Since the Yamanashi Nichi Nichi published an article today (below) re the suit we will be shortly filing, I will go ahead and send this to you for your blog.

I will try to include some information not in the article.

The update:

Since my last update stating that the prosecutors office found insufficient evidence to proceed with charges, we have been working on the basis of filing a civil suit against the city of Yamanashi seeking a monetary amount of 7 million yen and a suit against the guardians of the perpetrators of the bullying seeking 5 million yen. This suit will be filed on the 8th of this month. This will be followed by a press conference at the press club office in the prefecture building.

The basis of the suit will be that our daughter was bullied and as a result of this, the school teachers cut her hair without her consent. This resulted in her being traumatised to the point of not being able to attend the last two years of her middle school education and requiring professional counseling, along with medical treatment for insomnia.

Since the original incident in ’16, many of the people involved have retired, transfered, divorced, and even been imprisoned, such as the former mayor of Yamanashi (for unrelated crimes). This however does not decrease the liability of the city or the perpetrators. It does make it difficult for those in charge though who have to catch up, but that is their problem.

This will be a long process though, probably two years at least and there is no guarantee we will come through as we wish, but if our daughter understands that what happened to her is not her fault, it will be a victory.

Thank you all here at debito.org for your continued support.

Sincerely, Senaiho

(Courtesy Yamanashi Nichi Nichi Shinbun, 11/2/19 edition, p. 26.)

UPDATE NOVEMBER 14, 2019, FROM SENAIHO (PDF FORMAT, CLICK TO DOWNLOAD)

SenaihoAsahi111419

Hello Debito,

I am including an article that appeared in today s Asahi Shinbun. It s not my intention to put up every article that concerns us, but I am sending you this one because I think it is important in that it features an example of how people in officialdom abuse their power over those they view as their inferiors. I mentioned this aspect in a recent post.

My translation:

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

Yamanashi School Hair Cutting Incident/Student Absence

Subtitle: A household who was a former member on the Yamanashi City Board of Education bashes the guardians by SNS of the student who s hair was cut by school officials.

Asahi Shinbun, November 14, 2019

In the spring of 2016, a second year student who s hair was cut by the school officials, was bashed by the household of a former member of the Yamanashi City B. of E. by way of Social Media (Facebook). The posted comment has since been deleted, but the Yamanashi B. of E. this month has received a copy of the deleted post from a concerned citizen of the local community, and have confirmed its contents. Mr. Kagami, the current head of the Yamanashi B.of E. said; “We are examining whether a leak of private information occurred and studying our response to this.” On 11/4 of this month, the guardians of the victim filed a 7.7 million yen lawsuit against the city of Yamanashi at the Kofu Municipal Court. The suit claims that the school officials, the B. of E. and the city are responsible, along with the perpetrators of the bullying of the victim, which resulted in the damages. As a result of the incident, the former B. of E. member manipulated information received obtained from their position on the Board, and used it to further bash the guardians of the student victim. The family member of SNS site claimed they heard the information from the former B. of E. family member “The parents of the victim gave permission to the teachers to cut her hair” they said in the posting on the SNS. The guardians of the student claim they did NOT give the school officials permission to cut their child s hair. The B. of E. without any investigation, accepted the word of the former B. of E. member at face value. The household of the former B. of E. member responded; “That was posted one year ago and has been deleted” they said. The household admits that the claim may have been based on speculation based on gossip. “It s possible we are mistaken” they said, also that it was “inappropriate to have done this.”

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

All The Best

Senaiho

My Shingetsu News Agency Visible Minorities col 3: “Racial Profiling at Japanese Hotel Check-Ins”, October 23, 2019 (full text)

Posted on October 23, 2019February 14, 2021 by Debito Arudou, Ph.D.

mytest

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Hi Blog. My latest SNA column 3 is now up. And here is a link to sources for claims within the article. Enjoy. Debito Arudou Ph.D.

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Visible Minorities Column 3
Racial Profiling at Japanese Hotel Check-Ins
Shingetsu News Agency OCT 23, 2019, by DEBITO ARUDOU
Courtesy http://shingetsunewsagency.com/2019/10/23/racial-profiling-at-japanese-hotel-check-ins/

SNA (Tokyo) — It’s dehumanizing to be denied service somewhere, not for what you did, but for who you are, and to realize that discrimination is real.

In Japan, your first experience might be with your apartment search—realtors may deny you a home simply because “the landlord doesn’t like foreigners.”

Sadly, there’s little you can do: racial discrimination is not illegal in Japan, even in 2019. You could report what happened to the Ministry of Justice’s Human Rights Bureau (which will generally do nothing), or take them to court where you’re at the mercy of a judge susceptible to narratives of “foreigners are different/difficult, so refusing them is okay,” which is known legally as “rational discrimination.” Still, you will need a place right away to call home.

Eventually, after getting an interlocutor to negotiate or an employer to vouch for you, you find one. You’ll forget about what happened. Something like this doesn’t happen every day, right?

But it may occur the next time you want a hotel room. Given the tourism boom and hosted international sports events, racial profiling and discrimination have become widespread in Japan’s hoteling industry. This is particularly insidious because it’s not just the occasional bigoted landlord calling the shots; this time it’s the Japanese police.

It begins when you arrive at a hotel and try to check in. Clerks are trained to demand a passport from any customer who “looks foreign” as a precondition for service. This includes Non-Japanese Residents of Japan, even though Non-Japanese Residents are not required to carry their passport, and even though the law says hotels cannot do it.

Explicitly stated in laws related to hotel management is that if you are a Japanese or a Non-Japanese with an address in Japan, you merely enter your name, address, contact details, and occupation into the guest book. No ID is necessary.

If you are a tourist with no address in Japan, however, the law is different. In that case, you must display your passport to the hotel clerk, have your passport number taken down, and (under some prefectural ordinances) have your passport photocopied in case the local police want to see it.

Overseas governments discourage such practices. The Canadian government, for example, makes it clear: “Never give out personal information from your passport or your passport application unless you’re sure it is for a trusted organization or individual. This includes photocopies. You take all responsibility for giving information in your passport to a third party.” So if you check in and become a victim of identity theft, that’s your own responsibility.

But here’s where hotel practices get racialized: Some require “all foreign guests,” regardless of residency, to display ID.

People who refuse to comply can be, under some prefectural ordinances, denied entry into the hotel, and sometimes the police are to be called. And how do clerks tell who a “foreign guest” is? If they have a foreign-looking face or name, of course. Hence the racial profiling at check-in.

But what happens to residents, Japanese children of international marriages, and foreign-looking citizens, such as myself, who brave the harassment and inform them of the actual letter of the law? Clerks will then claim the local police are demanding all foreign guests produce ID. Sometimes they even pull out a handy-dandy multilingual poster produced by those police saying as much. Nevertheless, that’s not what the law says.

I’ve been following this issue since 2005, when I encountered my first hotel ID checkpoint while attending a conference. After more than a decade of these shenanigans (and official confirmations from the Ministry of Health, Labor and Welfare, local police agencies retracting erroneous posters, and even the US Embassy that ID checks only apply to overseas tourists), it’s clear that the Japanese police are deliberately making up law to enlist hotels in their racial profiling.

Why do the police keep lying? Because, according to their posters, they’re looking for terrorists. (Naturally, Japanese cannot be terrorists, never mind Aum Shinrikyo or the Japanese Red Army.)

So here’s the bottom line: If you live in Japan with a Japanese address, you check in like any other Japanese citizen. You should only need to write your name and contact details in the guest book and get your key. No ID is necessary.

But since the Japanese police prioritize their power over actually following the law, it’s likely your protest about being treated like a terrorist will fall on deaf ears.

In fact, the cops have doubled-down. For example, the Shizuoka police recently issued yet another poster making up a rule that everyone must show their passport. (As if that’s going to apply to Japanese guests?)

Most people, tired at the end of a day, are probably not in the mood to fight the casual racial profiling at the hotel counter, or deal with a phalanx of paranoid cops. Claiming your legal rights might mean that you lose your room for the night, or at worst mean you enjoy a couple of weeks of hospitality at the local police detention center.

The ultimate solution is for some brave soul to suffer these indignities and to sue the hotel and police for damages, and to make it clear that this practice is not grounded in statute.

This is what happens when you encourage multitudes of overseas tourists come to a place like Japan, a society hobbled by strong xenophobic narratives and a weak system of checks on police power, without preparing the legal and social groundwork. Even after all these years, Japan’s officials and law enforcement still haven’t cottoned on to the fact that some people who look like tourists actually live here. Once again, Japan’s Visible Minorities get snagged in the dragnet. Unlawfully.

ENDS

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NB: If you want to do something to stop this happening to you, download a file substantiating that you don’t have to show any ID as a resident of Japan here: https://www.debito.org/newhotelpassportlaw.jpg

=====================
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Fujisankei-owned Japan Today posts article on “What to do if stopped by J police” for Rugby World Cup visitors, after consulting with Debito.org. Then does not acknowledge Debito.org and leaves out valuable advice

Posted on September 28, 2019November 26, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Debito.org Reader JDG had this to say about a recent article in Japan Today:

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

JDG: Right wing Sankei owned Japan Today put out this ‘what to do if you get stopped by the police in Japan’ article for the Rugby World Cup.

https://japantoday.com/category/features/lifestyle/What-to-do-if-you-are-stopped-by-the-police-in-Japan

Half the article about having fun and getting travel insurance, the other half about complying with all police requests because, y’know, cultural differences.

Failure to blindly comply with police stop requests will be ‘escalating the situation’ and grounds for arrest because, y’know, cultural differences.

What about police discrimination and your rights? ‘Don’t believe all the hoopla you read online’.

Basically article’s advice is;
If stopped by Japanese police, do as you are told.

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

For the record, the article is archived below.

COMMENT: Well, interestingly enough, Japan Today consulted with Debito.org before doing the article. And then it made no mention of Debito.org or its advice therein. Here’s the exchange:

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

From: Jeff Richards <jeff@japantoday.com>

Subject: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”

Date: September 8, 2019 at 11:08:36 PM

To: debito@debito.org

Hello Dr. Arudou,

My name is Jeff Richards and I’m an editor for Japan Today.

I’m currently putting together a piece on “What to Do if Stopped by the Police in Japan” as primer for both residents and tourists alike visiting for the upcoming Rugby World Cup (and by extension the Tokyo 2020 Olympics and other large-scale sporting and entertainment events).

I have been using your website as a resource in this regard (and have since I arrived in Japan over a decade ago… ). I was wondering if you had done any updates on this topic (on your website either as a post or in one of your many news columns):

“What to Do if You Are Stopped by the Japanese Police” (https://www.debito.org/whattodoif.html#checkpoint)

I realize that most of the posts on your site dealing with the police, unwarranted checkpoints, unlawful ID checks by hotel/train staff etc. seem to relate to the former “Gaikokijin Torokushou” but I was wondering if there have been any significant changes to the law with the advent of the Residence Card? Or would these same laws still apply with just a terminology change?

My goal with the article is purely to provide facts to readers about what they are required to have on them (passport or residence card), what they are legally bound to do and what they are entitled to ask before submitting to a check and their rights. It is really a “just the facts, ma’am” type of piece. I wold like to have readers informed of what they should know about these types of situations — especially since more people are a little more reticent about Japanese police and due process since the recent Carlos Ghosn detention shining a spotlight on how the justice system here is stacked against them.

Any insight or updates from you would be appreciated and if you have any other outside sources I might contact or read that would be very welcome, too.

I hope all is well and I look forward to reading any upcoming articles for the Shingetsu News Agency.

Kindest regards,

~Jeff Richards

Jeff W, Richards

Editor

4F 1-8-1 Higashi Azabu IS Bldg.,

1-8-1 Higashi Azabu, Minato-ku, Japan 106-0044

jeff@japantoday.com

japantoday.com

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

Well, I was happy to oblige, so here was my response:

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

From: Debito Arudou <debito@debito.org>

Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”

Date: September 11, 2019 at 7:38:42 PM

To: Jeff Richards <jeff@japantoday.com>

Dear Mr. Richards,

Thank you for your email, and I apologize for my late response. Please find my answers below in your text:

On Sep 8, 2019, at 11:08 PM, Jeff Richards <jeff@japantoday.com> wrote:

Hello Dr. Arudou,

My name is Jeff Richards and I’m an editor for Japan Today.

I’m currently putting together a piece on “What to Do if Stopped by the Police in Japan” as primer for both residents and tourists alike visiting for the upcoming Rugby World Cup (and by extension the Tokyo 2020 Olympics and other large-scale sporting and entertainment events).

Excellent. This sounds very helpful. I will be happy to point to it on Debito.org when it comes out.

I have been using your website as a resource in this regard (and have since I arrived in Japan over a decade ago… ). I was wondering if you had done any updates on this topic (on your website either as a post or in one of your many news columns):

“What to Do if You Are Stopped by the Japanese Police” (https://www.debito.org/whattodoif.html#checkpoint)

I realize that most of the posts on your site dealing with the police, unwarranted checkpoints, unlawful ID checks by hotel/train staff etc. seem to relate to the former “Gaikokijin Torokushou” but I was wondering if there have been any significant changes to the law with the advent of the Residence Card? Or would these same laws still apply with just a terminology change?

I haven’t updated the site in a while, as you know, but I have found that the systems in place are largely unchanged.

As for the Gaikokujin Tourokushou issue, there have NOT been any significant changes with the advent of the Zairyuu Card. In fact, things have gotten a bit worse, as police don’t always believe the new Gaijin Card will suffice for visa kakunin purposes, and instead ask for passports more often on street ID checkpoints (which is what the Zairyuu Card is supposed to act as a substitute for). In any case, the Zairyuu Card is basically the Gaijin Card Part Deux. Meet the new boss, same as the old boss. As you put it, it’s just a terminology change as far as police enforcement and racial profiling is concerned.

My goal with the article is purely to provide facts to readers about what they are required to have on them (passport or residence card), what they are legally bound to do and what they are entitled to ask before submitting to a check and their rights. It is really a “just the facts, ma’am” type of piece. I wold like to have readers informed of what they should know about these types of situations — especially since more people are a little more reticent about Japanese police and due process since the recent Carlos Ghosn detention shining a spotlight on how the justice system here is stacked against them.

That sounds good. And people are surely right to feel targeted after the Ghosn Case. Because they are. As you saw from recent articles, Ghosn’s peers just got the axe for similar misdeeds but Ghosn got sent to jail.

Any insight or updates from you would be appreciated and if you have any other outside sources I might contact or read that would be very welcome, too.

How about these?

https://www.debito.org/?p=2381

https://www.debito.org/?p=1415

Scroll through these and see what catches your eye.

https://www.debito.org/?s=Zairyuu

I hope all is well and I look forward to reading any upcoming articles for the Shingetsu News Agency.

My next one comes out in a few days. Enjoy.

Sincerely, Debito

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

I then received no response, acknowledgment, or thanks for this email, so I refowarded the mail with a message:

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

From: Debito Arudou <debito@debito.org>

Subject: Fwd: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”

Date: September 17, 2019 at 2:30:12 PM

To: Jeff Richards <jeff@japantoday.com>

Hi Mr Richards. Just checking to see if you got this. Sincerely, Debito

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

Then Mr. Richards responded:

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

From: Jeff Richards <jeff@japantoday.com>

Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”

Date: September 18, 2019 at 12:50:42 AM

To: Debito Arudou <debito@debito.org>

Hi Debito,

Yes, thank you so much for getting back to me and sorry for not doing the same. Apologies.

Your information has been very useful. It’s seems pretty cut-and-dried (regardless of personal opinions on the police’s reasoning or racial bias) but I did just want to give people a very good idea of what will indeed happen if you are stopped by the keisatsu (either just letting you continue on or taking you “downtown” depending on how important it is for people to be outraged).

I ended up taking all of my “opinion” out of it and just presented what will happen and your rights — and how to just make it go smoothly so you can get on to enjoying the rugby. If people really are incensed, probably best to make a complaint later — unless it’s truly egregious. Our readers can discuss it in the comments.

I believe we’ll be publishing the story tomorrow night ahead of the first Rugby World Cup game on Friday.

Thanks again for getting back to me. I’d love to be able to contact you again on other matters involving foreigners in Japan for future stories (I’m planning to one on if you happen to get injured or have an accident and a follow up on if you are unfortunate enough to be detained by the police in Japan).

Regards,

~Jeff

Jeff W, Richards

Editor

4F 1-8-1 Higashi Azabu IS Bldg.,

1-8-1 Higashi Azabu, Minato-ku, Japan 106-0044

Tel: +81 3-5561-7755

jeff@japantoday.com

japantoday.com

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

Then the article came out, and as noted, there was no mention of Debito.org or any of the information therein. So I asked about it.

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

From: Debito Arudou <debito@debito.org>

Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”

Date: September 22, 2019 at 10:29:47 AM

To: Jeff Richards <jeff@japantoday.com>

Hello Jeff,

Thanks for the article. But if the information on Debito.org was so useful, why wasn’t it cited anywhere in the article, even as a potential information site like the others? Please explain. Thank you.

Sincerely, Debito

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

I received no response from Mr. Richards for three days. So I drew some conclusions, and told him so:

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

From: Debito Arudou <debito@debito.org>

Subject: Please respond within 48 hours. Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”

Date: September 25, 2019 at 10:02:44 AM

To: Jeff Richards <jeff@japantoday.com>

Hello Jeff again. I didn’t receive a response from you, so here’s my interpretation of what happened:

1) You wrote up an article that had your “opinions” in it, and some of them were based upon information you found on Debito.org.

2) As you are owned by Fujisankei, you were told by your bosses to remove that information, and all references to Debito.org. (We can’t have foreigners in Japan knowing their rights, after all.)

If so, I find this overall trend in media complicity in disempowering NJ to be most distressing, as I noted in my Shingetsu News Agency articles that you say below you have seen.

That is precisely a Debito.org issue, which I will be going public with (including our correspondence, since it was not private, and you were writing expressly in your public capacity as an Editor at Japan Today) in 48 hours from this time stamp.

If you would like to clarify the record or my interpretation beforehand, I am inviting you to respond within that 48 hours.

Sincerely, Debito

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

Mr. Richards responded soon afterwards:

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

From: Jeff Richards <jeff@gplusmedia.com>

Subject: Re: Please respond within 48 hours. Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”

Date: September 26, 2019 at 1:09:53 AM PDT

To: Debito Arudou <debito@debito.org>

Hi Debito,

Wow. Well, those are some rather unexpected and confrontational email replies.

I’m not sure what I did to warrant that type of reaction or what in fact you were expecting from me.

The article I wrote is for the benefit of people visiting Japan for the RWC (and residents who might be interested). There is no sway over my editorial by higher ups at Fuji at all.

My article steers clear of my “opinions” to keep it as objective as possible without editorializing on the matter since it is not an opinion piece, per se.

While your website has information on it that can be useful, so, too, do the official sites for Japan Customs, the National Police Agency, the Japanese Ministry of Health, Labour and Welfare, the Immigration Services Agency of Japan as well the information I received from embassy officials that I interviewed.

One of the reasons I originally reached out was to find out if you had any actual new content on debito.org that updated some of the older stuff (the links in your original reply direct to articles well over 10 years old). To be fair, some other official Japanese sites (mostly ward and prefectural) contain info that isn’t that much more up-to-date, so I didn’t use those links, either.

Is there a personal quote from you or reference to your website content that perhaps I didn’t attribute? If so, please let me know and I’m more than happy to rectify.

Regards,

~Jeff

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

FINAL COMMENT: I didn’t respond further to Mr. Richards. I acknowledge his courteous inquiries at the beginning, and appreciate his efforts to find out the most current information; I also acknowledge that his article is very helpful for the most part.

However, I felt things were certainly different when it came down to reporting any information that might let people know their rights in Japan. Because, after all, foreigners aren’t supposed to have any rights, according to the Japanese Police, and that’s generally the line that much of the “foreigner-friendly” media basically maintains — just do as you’re told like a good “guest” and all will go well. Until it doesn’t, of course.

Racial profiling in Japan is Standard Operating Procedure for the Japanese police, and that should be acknowledged somewhere, not simply worked around or removed as a matter of “opinion”.

I remain unswayed in my belief that the inconvenient truths that Debito.org has always offered were not something a media outlet like this was keen on publishing. And I believe that this is because it is owned by the right-wing Fujisankei group, which has substantially changed the tone of the once foreigner-owned Japan Today.

For the record, shortly after its founding two decades ago, Japan Today’s NJ editors invited me to write columns for them. I did in fact write eighteen over the course of two years (until they stopped paying me as promised, which is why I quit and went to The Japan Times). That was then. Now, I strongly doubt Japan Today would ever publish information found in my columns again. What I’m saying is simply not what “gaijin-handling” (i.e., putting forth a positive image of Japan under all circumstances) Japan-owned and -managed outlets want published. Debito Arudou Ph.D.

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

The current text of the Japan Today article, for the record:

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

Lifestyle

What to do if you are stopped by the police in Japan

Japan Today, Sep. 21 06:30 am JST 148 Comments

By Jeff W Richards

https://japantoday.com/category/features/lifestyle/What-to-do-if-you-are-stopped-by-the-police-in-Japan

TOKYO

This year — for the first time in its 32-year history — the Rugby World Cup will be held in Asia. On Nov 2, 2019, the International Stadium Yokohama in Japan will become just the seventh stadium ever to host the final of the world’s third-largest sporting event.

While a fantastic time is expected to be had by all involved: hosts, teams and fans; that’s not to say some cultural scrums won’t form. The arrest and detention of Nissan CEO Carlos Ghosn last year has shone an international spotlight on Japan’s justice system. This could have some people worried.

Japan is — for the most part — a forward-thinking, modern democracy. It’s justice system, however, still relies on solitary confinement, forced confessions and apologies (with financial compensation to “victims”) for its verdicts. The most worrying aspect of criminal justice in Japan is its detention system (suspects can be held for up to 23 days without being charged) and its bias against non-Japanese detainees.

Stating this is not meant to scare people. Your experience at the World Cup and other events will probably be as fun and enjoyable as you expect, or even more so — whether in Tokyo, Yokohama or farther-flung Kyushu. The locals want you to come and to enjoy yourself at the matches as well as learn and experience the delights of their city and region — police included

But differences in culture and behavior exist. For example, it may be completely normal in your home country — fellas! — to relieve yourself outside, in an alley or on the side of building, whereas here the keisatsu (police) may stop you for defacing private property or indecent exposure. From even minor encounters, major troubles can occur.

This is a no-nonsense guide to what you should do if you are stopped by the police in Japan, prefaced with some common-sense advice to prevent any problems before they might occur.

Before you come

A word to those arriving from overseas: before you leave for Japan, do your research.

Read up online. Visit the website of your embassy in Japan and read its travel advisories. Here they will post relevant information and updates on everything from extreme weather forecasts, natural disasters, pertinent crime reports and lists of prohibited goods you might inadvertently pack.

Websites and resources to check out before you leave:

Japan Today
GaijinPot
GaijinPot Travel
World Rugby
Japan Customs
Japan Ministry of Health, Labour and Welfare
Japan National Police Agency
Your embassy or consulate in Tokyo
Your government travel advisories for Japan

Purchase travel insurance. When I asked representatives at the British Embassy in Tokyo about their recommendations for Brits coming to Japan, this was No. 1 on their list — and it applies to visitors from all countries. If an accident should occur, Japanese hospitals and clinics do not accept foreign medical insurance. We will have more on this in a second installment of this series for visitors to Japan.

To avoid any hassles before you pass Japanese customs at the airport, find out what medications (if any) from your home country might be illegal in Japan. You could encounter problems with pharmaceuticals as mundane as over-the-counter (OTC) pain relief (anything with codeine is prohibited) or certain allergy medications (pseudoephedrine is also illegal). If you do find an OTC medication you use is listed — don’t bring it. There will be a suitable alternative readily available here — and it won’t cause you grief should be stopped by the police and searched.

If you do require specific medication, make sure to bring the prescription with you and don’t bring more than a 30-day supply. And even if you do have a prescription, Jiminy Christmas, do not bring any medicine containing opium, cannabis, amphetamines, methamphetamines and certain medicines for treating attention deficit disorders (such as Adderall, Vyvanse and Dexedrine) as these are strictly prohibited.

If you’re already concerned about what might happen if you’re stopped by the police in Japan — do yourself a favor: Don’t get detained before you even clear customs.

Before you go out to an event

Make sure you have the proper identification on you when you go out for the day. You will be asked for it if you are stopped by authorities.

For tourists, this means that you must carry your passport with you at all times. Failure to do so could result in more than embarrassment — it could mean detention by the police (as proper ID will be the first thing they ask for) and a fine of up to ¥200,000 (U.S.$1,850) may ensue. “Proper ID” in this case does not constitute your driver’s license from back home.

Also, carry the name and contact info for your accommodations. If you’re staying at a hotel, grab a business card (with Japanese and English on it) from the front desk. This is not just to give to peace officers, but it can help you return safely as cab drivers or people you stop to ask for directions may not speak English.

If you’re a resident of Japan — and you should know this — you need to carry your zairyu, or Japanese Residence Card, with you at all times. Any immigration or law enforcement officers in the course of their uniformed duties can ask for it and — by law — you need to have it on your person at all times. Not doing so carries a fine of ¥200,000.

If you get stopped

During the Rugby World Cup, understand that there will be an increased police presence across the country, especially around match venues and fan zones.

“During the rugby, we are expecting people to be stopped or arrested for boisterous behavior considered minor in the UK or at least in [other] rugby countries,” says Marion Auclair, consular sporting liaison officer for the British Embassy in Tokyo. “That can get you detained for up to 23 days in Japan.” Nudity — like we mentioned above about answering “when nature calls” — is one of those behaviors.

Is it possible you may be stopped simply because you’re a foreigner? Absolutely.

Is there any reason for you to be unduly worried about it? I would say no.

By and large — especially at an international sporting event — police are deployed to assist the public, keep the peace and look for anything suspicious or unfamiliar. Foreigners quite often tick the “unfamiliar” box. They’ll ask you some questions about where you’re from, what you’re doing in Japan and where you might be coming from (or going to). I mean, it depends on how morally outraged you’d like to be about the situation. Contrary to the discussion board hoopla you’ll find online, there is no need to get your back up. This is not #blacklivesmatter. Nobody is going to shoot you because of the color of your skin. In fact, the police in Japan rarely use their firearms.

You are, however, in danger of causing yourself and your companions more trouble than it’s worth should you decide to escalate the situation — and the perception of “escalation” in Japan is quite different than it might be in the West. Here, even raising your voice can be interpreted by Japanese police as noncompliance or obstruction. It’s why you’ll often see Japanese citizens stopped by law enforcement stand perfectly still during an encounter all the while speaking in a non-hysterical voice. The cops as well. No sudden moves. No surprises. Nobody goes to jail.

Raise your voice indignantly, though, and you risk being seen as obstructing police duties. Reason enough for them to ask for your identification, search your person and even ask if you’d like to come “downtown” to the koban (police box). You do not want to do this.

The police in Japan have every legal right to stop you and ask to see your ID. You, in turn, have the right ask them why you’re being stopped. Best to politely pose the question and then submit to their request when they tell you the reason. They’ll note your registration card or passport information, ask you a few more questions and — most likely — you’ll be on your way.

A quick note if the situation does escalate and you find yourself being detained. It’s important to know that in Japan you do not get to make a phone call. By international convention — assuming your country has signed this bilateral agreement (not all have) — if you are held by the police in Japan, they will inform the consular department of your embassy about your arrest.

The British Embassy, for example, would then send the detainee a prisoner pack with a list of lawyers and check if they want a consular visit.

“If so, we automatically visit,” says Auclair. “Then we assess together what kind of assistance [the embassy] can provide to them.”

To avoid this in the first place — use your common sense.

“Because I think fundamentally everybody knows the things that are illegal, right?” says Emma Hickinbotham, the British Embassy’s head of media, communications and marketing. “That you shouldn’t smuggle drugs. That you shouldn’t steal things. Those things — they’re universal. It’s more the nuances of the cultural differences. That is, you might not get arrested but [the situation] could potentially escalate and if you don’t speak the language — maybe in Tokyo it’s different — but out in some of the regions where the rugby is being played, if the local police don’t speak English and they are asking you nicely to put your clothes back on or whatever, it might be [a good idea]. If you don’t understand anything they’re saying, then you might respond and if you’re being too loud, they might misunderstand that as aggression. So, it’s really trying to stop any of those kinds of misunderstandings happening where people may end up getting in trouble for very minor things that are just avoidable.”

To put it in perspective, while many people of all nationalities are stopped daily in Japan, the number of foreigners arrested is significantly small.

So how many UK citizens are arrested or detained in Japan in a year? “I would say about 50,” says Auclair.

Auclair adds something all embassy staff and Japanese people are likely thinking. “We want people to have fun, in the end. We actually want them to enjoy the rugby because we also are very excited about the rugby. [Laughs] You know, we are rugby fans ourselves, so it’s more about: ‘Yeah, just pay attention.’ Have some common sense. Maybe don’t moon in public, that might not be as well received as in the UK.”

For more information on being culturally aware, Auclair and Hickinbotham suggest visiting the UK government’s advisory page with tips for fans traveling to the Rugby World Cup 2019 in Japan.

The more you know before you head out to enjoy a match — whether live at a stadium, in a fan zone with friends or gathered in a bar with strangers — the better time you will have and the less chance of having a bad experience with the police.

Most of it, though, is just common sense — like not urinating on private property or mooning people in public.

ENDS

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ICI Hotel Kanda unlawfully requires ID from all “foreign guests”, including NJ residents of Japan, as a precondition for stay; claims it’s demanded by Tokyo Metropolitan Police (UPDATED)

Posted on September 23, 2019December 15, 2019 by Debito Arudou, Ph.D.

mytest

(UPDATE OF SEPT 29 BELOW: JENIFER CLARIFIES LAW WITH HOTEL, YET HOTEL INSISTS THAT THEY HAVE CHECKED WITH THE POLICE, AND THE POLICE INSIST ALL NJ INCLUDING RESIDENTS MUST SHOW ID AS A PRECONDITION FOR STAY.)

Hi Blog. Here we go again. Debito.org Reader Jenifer (a pseudonym) sends evidence that the ICI Hotel Kanda will not only be demanding ID from all of its “foreign guests” (no doubt, as typically enforced, as a precondition for stay), but also unlawfully requiring even the NJ residents (who have addresses in Japan) display their ID (something not required by law of Japanese guests). The status of “foreign guest” will no doubt be determined on sight or by recorded name, so cue the racial profiling.

(And if you want to carry a file substantiating that you don’t have to show any ID as a resident of Japan, download it from here: https://www.debito.org/newhotelpassportlaw.jpg)

The justification? Once again, the Japanese Police (in this case the Tokyo Metropolitan Police) are stretching the law and demanding hotels act as their agents to check all “foreign ID” (something only people with the proper ministerial credentials can do). And as the ICI Hotel Kanda explicitly says in the Update below, they will refuse accommodation if that ID is not displayed, in direct violation of the laws governing hotel management.

The ICI Hotel Kanda also cites “safety for our guests and other residents in Japan”. No doubt the Rugby World Cup will be used as a pretext, even though the reservation is for November. Once again, bring in an international event, and use it as a pretext to further alienate Japan’s resident non-citizens and international citizens. I can hardly wait to see what tricks the police come up with next year for Tokyo’s 2020 Olympics. Debito Arudou Ph.D.

UPDATE SEPT 29: JENIFER REGISTERS A COMPLAINT WITH THE HOTEL

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

On Wed, 18 Sep 2019, Jenifer wrote:
> To whom it may concern,
>
> This is the second time I’ve stayed here and I have another reservation for November but am considering cancelling it.
>
> I just checked in and was asked for my passport. When I stated I live in Japan, I was asked for my residency card. This goes against the laws of Japan. As a hotel, you cannot not ask anyone who states they live in Japan for ID. Not only that, your hotel staff made the assumption I was not Japanese and not living in Japan by asking for my passport. This is blatant racial profiling. The only people who have a right to ask for a residency card is the Japanese police and immigration. As a hotel, it is illegal to ask people you assume to be non Japanese for their residency card.
>
> I checked in speaking Japanese. In the end I showed her my Japanese driver’s license but I’m not happy I felt I had to do that. Do you ask Japanese for picture ID?
>
> I would like to ask that you train your staff better and have them understand the laws of Japan.
> Sincerely, Jenifer

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

THE HOTEL RESPONDS (EMPHASIS ADDED IN BOLD):

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

From: “kanda@icihotel.com” <kanda@icihotel.com>
Date: September 27, 2019 at 23:03:10 GMT+9
To: [Jenifer]
Cc: イチホテル神田 <kanda@icihotel.com>
Subject: Re: Check in procedures

Dear [Jenifer],

We greatly appreciate your response.

First, We would like to sincerely apologize once again to you to what happened during your check-in with us. We have no intention to discriminate anyone as we are only following the check-in policy of the hotel.

Please do know that we are fully aware of Japanese law and we have consulted your case to the Tokyo Police Department. As mentioned to our previous emails, They have strictly ordered us to ask for any identification card for foreign visitor or foreign residence of Japan due to security purposes. Otherwise, We won’t be able to accommodate you. Please understand that we are only complying to the city rules and our hotel rules and regulations.

We have coordinated this matter to the authorized personnel, for further specifications kindly contact them directly.

As we already explained our side, If you need further explanation regarding this situation, Please contact Expedia where you have made your reservation.

Please bear in mind that we didn’t meant to have any misconceptions at all. We are truly hoping for your kind understanding.

Sincerely,
ICI Hotel Kanda
Front staff
■□■□■□■□■□■□■□■□■□■□■□■□

┃　イチホテル神田　担当
E-mail: kanda@icihotel.com
┃　〒101-0044
東京都千代田区鍛冶町1丁目9-15
┃　TEL: 03-3251-1118
FAX: 03-3251-1117
┃
ICI HOTEL Kanda
┃　101-0044
1-9-15, Kaji-cho, Chiyoda-ku, Tokyo, Japan
┃　TEL: 03-3251-1118
FAX: 03-3251-1117
┃　E-mail: kanda@icihotel.com

■□■□■□■□■□■□■□■□■□■□■□■□

Jenifer concludes: “It’s like they don’t want to admit the cops aren’t following the law… ”

Sept. 19, 1999: 20th Anniversary of the Otaru Onsens Case today: Kindle eBooks “Japanese Only” and “Guidebook” are now downloadable for (almost) free

Posted on September 18, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. September 19, 1999 was a watershed day in my life, when my family, friends, and I visited the “Japanese Only” Otaru public baths and exposed discrimination in Japan incontrovertibly as racial in nature.

It has been exactly twenty years to the day since then, and not enough has changed. People (including Japanese citizens) are still being refused services in Japan based upon whether they “look foreign”. The police still engage in racial profiling as standard operating procedure to ferret out “illegal foreigners”. There still is no law against racial discrimination in Japan’s Civil or Criminal Code.

Japan remains a signatory to the UN Convention on Racial Discrimination, where it promised (since 1995) to “undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms“. Nearly a quarter-century later, this clearly has not happened.

All of this has been charted and cataloged in great detail in my book “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan“.

To commemorate twenty years of GOJ negligence following a case that changed the dialog on discrimination in Japan, my “Japanese Only” Kindle eBook is now free to download on Amazon.com.

Well, nearly free. Amazon requires that I charge something, unfortunately. The minimum price is 99 cents US. So I’ve set that price for the book in all countries effective immediately.

Similarly, my book for how to cope with life in Japan and make a good living here, “Guidebook for Relocation and Assimilation into Japan”, is now also nearly free. 99 cents.

Go download and enjoy both. And may the lessons of the Otaru Onsens Case reverberate and help everyone in Japan have equal access to public goods and facilities. Debito Arudou, Ph.D.

=====================
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“Educating the Non-Japanese Underclass”, my Shingetsu News Agency “Visible Minorities” Col 2, Sept 17, 2019 (FULL TEXT)

Posted on September 16, 2019January 17, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s my latest for the Shingetsu News Agency. Enjoy. Debito Arudou, Ph.D.

Visible Minorities Column 2: Educating the Non-Japanese Underclass
Shingetsu News Agency, SEP 17, 2019 by DEBITO ARUDOU
http://shingetsunewsagency.com/2019/09/17/visible-minorities-educating-the-non-japanese-underclass/

SNA (Tokyo) — In a shocking series of exposés at the beginning of this month, the Mainichi Shinbun reported that minority children of workers in Japanese schools were being segregated from their Japanese peers, put in classes for the mentally disabled, and systematically denied an education.

For years now, according to Ministry of Education surveys, schools have subjected their non-native foreign minority students to IQ tests. The results were striking: Non-Japanese children were found to have “developmental disorders” at more than double the rate of the general Japanese student population.

Striking, but not all that surprising—since these tests assessed IQ via culturally-grounded questions, on things like Japanese shogunates and tanabata festivals. They also considered a lack of Japanese language skills an “intellectual” disability.

Let that sink in. Try claiming that your Japanese students are dim because they aren’t proficient in English, and then watch how long you remain an educator.

But here’s where the bad science turns evil. The “special education” Non-Japanese students were receiving tended to put them permanently behind their peers. In one cited example, instead of learning multiplication in school, a 14-year-old was pressed into child labor, digging potatoes.

Why weren’t these students simply put into regular classes, with additional after-school language instruction until they come up to speed? Because that would be unfair, said the administration. The Mainichi Shinbun cited an unnamed vice-principal as saying, “When foreigners increase in number, the learning progress of Japanese students is delayed. As far as is possible, foreign students should go to classes to be taught one on one”; meaning this “educator” believes that non-native speakers hobble their Japanese classmates.

I’m not a developmental psychologist, but I strongly doubt that this is supported by science. It’s certainly not supported by my experience. Having classmates learning English as a second language during my primary schooling in North America certainly didn’t slow down my classes or my own learning (and the non-native classmates came up to speed eventually). I especially doubt they would slow things down in a Japanese classroom, where in secondary education most students just keep silent anyway.

But the most shocking thing about this news story is that is it isn’t news. This has been going on for decades, notably since Japan started importing Non-Japanese from South America and Asia as cheap factory labor in the early 1990s.

In fact, disadvantaging Non-Japanese children is official government policy. Consider the Basic Act on Education; it is designed to guarantee compulsory education to everyone. However, as rendered in Japanese, “everyone” means kokumin, or citizens. The law thus enables educators to exclude foreigners.

That’s how it’s worked out in practice too; a number of schools have reportedly refused enrollment to Non-Japanese children with excuses of “a lack of facilities” or “too much work for teachers” or the alleged barriers of language and culture.

That’s one reason why alternative ethnic schools exist in Japan. However, those schools are almost never certified by the Ministry of Education, meaning that they aren’t “real schools” teaching the official curriculum, and don’t, for example, qualify for government educational subsidies or student discounts on public amenities and transportation. Further, their diplomas are not considered legitimate by many Japanese high schools and colleges. So if you want an education that avails you of equal opportunities as an adult in Japan, you had better get into a Japanese school, where they may still find ways to deem you disabled and throw you in a class digging potatoes.

The cruel results of this system were clear more than a decade ago: In 2007, the Yomiuri Shinbun reported that 20,000 Non-Japanese children lacked language abilities to follow classroom instruction. That same year, the Asahi Shinbun reported that an estimated 20-40% of all Brazilian-Japanese children were not attending, or had never attended, school in Japan.

This was reported in mainstream media outlets, yet more than ten years later, the government clearly felt no urgency to remedy the situation. On the contrary, they’re standing by as schools classify minority kids as retarded.

This is just how minorities are often treated in Japan—as invisible, as people who aren’t really here permanently, so they don’t need access to the essential social services, including a proper education for their children. This isn’t just cruel, it’s a fundamental and deliberate abrogation of human rights, potentially disadvantaging these kids their entire lives. Essentially, Japan has willfully created a functionally-illiterate day-laboring ethnic minority underclass.

So take heed: If you have a minority child in Japanese education, bear in mind that the system is not looking out for you.

Courtesyt http://shingetsunewsagency.com/2019/09/17/visible-minorities-educating-the-non-japanese-underclass/

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Mainichi: “‘Prison camps for Brazilians’: Foreign kids in Japan being ushered into special education.” Perpetuates the Japan-“educated” NJ underclass

Posted on September 5, 2019September 5, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. What follows are two articles that should make you shudder, especially if you have children in Japan’s education system. Here we have kids being treated by Japanese schools as low-IQ “disabled” students just for not being proficient in Japanese language or culture! (Imagine what would happen if ESL teachers in Japan tried to make the case in public that many Japanese are mentally-deficient because they can’t learn English proficiently!)

To make things even more abhorrent, according to a Mainichi headline below, they’re putting these NJ children to work in “prison camps” instead of educating them. This is not only violates the spirit of Japan’s Basic Education Law (or Kyouiku Kihon Hou — which, note, ONLY guarantees a compulsory education to kokumin, or citizens), but also violates once again Japan’s child labor laws. And it creates and perpetuates the underclass of NJ children “educated” in Japan.

There is so much wrong going on here, and I’m glad the Mainichi exposed it. Debito Arudou Ph.D.

PS: How about this latest permutation of the NJ “Blame Game” from a school vice principal cited below? “When foreigners increase in number, the learning progress of Japanese students is delayed. As far as is possible, (foreign students) should go to classes to be taught one on one.” So now the presence of foreign classmates hinder Japanese students from getting an education? Do these “educators” actually have modern training in how education happens?

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‘Prison camps for Brazilians’: Foreign kids in Japan being ushered into special education
September 4, 2019 (Mainichi Japan), courtesy of Baud
https://mainichi.jp/english/articles/20190903/p2a/00m/0fe/020000c?

PHOTO CAPTION: A Peruvian boy, 17, collects data from a questionnaire as part of his work training in Nagoya. He is currently enrolled in a high-school-level special education class, and is looking for employment. (Mainichi/Haruna Okuyama) (Image partially modified)

Many foreign children in Japan are being placed in special education against their wishes amid a lack of consensus building with schools and doctors as they have trouble understanding Japanese.

The finding comes in spite of a notice issued by the Ministry of Education, Culture, Sports, Science and Technology in 2013 regarding where children with disabilities should study, which states that “the opinions of the child and their parents must be respected as far as is possible.”

In one case, a 14-year-old Brazilian girl who was born in Japan and is now in her second year of junior high school was placed in a special education class for her first four years of elementary school, without her or her mother being given a sufficient explanation.

The girl’s mother came to Japan about 15 years ago, and soon afterward she began working at a car parts factory for about 11 hours a day. She didn’t have enough time to check on her daughter’s schoolwork, so she asked a home tutor to do so. One day, when the girl was in her fourth year of elementary school, it emerged that she couldn’t do multiplication. When the girl was asked, “Don’t you learn that in school?” she replied, “We dig for potatoes at school.”

The school maintained that it was matching education to the level of the children, and argued, “We received a signature when she was enrolled.” Thinking back, the girl’s mother remembered signing a document saying that her daughter would enter a class in which difficult topics would be taught to the students individually. There was no IQ test or other screening method carried out in advance, and the girl’s mother thought that she would be the same as other students, with the school teaching her the subjects she wasn’t good at.

PHOTO CAPTION: This image taken in Nagoya shows memos a doctor presented to the mother of a 6-year-old boy who had taken an IQ test to judge whether he should enter a special education class. (Mainichi/Haruna Okuyama)

When it came to study, however, the girl was taught hardly anything. Later, when she moved schools and took an IQ test in the sixth grade, she was judged to have the intellectual ability of about a 6- or 7-year old. In junior high school, she has remained in a special education class.

A Brazilian woman in her 20s who has already graduated described these special education classes as “prison camps for Brazilians,” as she has seen many friends from her country as well as children being urged to join such classes.

One 8-year-old Brazilian boy now in his third year of elementary school was advised to enter a special education class in the summer of 2017 when he was in his first year of school on the grounds that he stood up and walked about during class. During an IQ test, he was found to have an IQ commensurate with his age, but was judged to have a slightly lower level of Japanese language ability. His mother stressed that he should attend a Japanese language class at school, but his teacher stood firm, saying it was an “intellectual issue.”

The discussions continued, and the boy entered his second year of elementary school. He got a new teacher, and stopped walking around in class. The talk of him going into special education subsequently ceased. The boy’s mother feels that his first teacher was trying to get her son put in special education due to an inability to instruct him.

When approached by the Mainichi Shimbun, the school’s vice principal responded, “We decide whether or not a student goes into special education based on objective data such as hospital tests, and obtain parental consent.” But the vice principal divulged, “When foreigners increase in number, the learning progress of Japanese students is delayed. As far as is possible, (foreign students) should go to classes to be taught one on one.”

Even when it is recognized that a child has an intellectual disability, there are cases in which they are not given sufficient explanations about IQ tests.

One 17-year-old Peruvian national now living in Nagoya was given an IQ test when he entered elementary school, and was diagnosed as having a slight intellectual disability. An IQ test he took in Peru had produced the same result, so his mother did not object to him being enrolled in a special education class. But the Japanese doctor who saw him went no further than providing a verbal opinion. In Peru, his mother had received a diagnosis of 2 to 3 A4-sized pages, and so she asked for more, saying, “I want documentation explaining the diagnosis.”

Upon completion of the diagnosis, she saw the “paperwork” via a nurse, and was lost for words. It consisted merely of two leafs of memo paper, containing basic phrases written in the simple hiragana script: “Intelligence test, about 4 years old.” “Special education, slight delay.”

(Japanese original by Haruna Okuyama, City News Department)
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外国からきた子どもたち　小４、掛け算も教わらず　支援学級「ブラジル人収容所」
毎日新聞2019年9月3日　東京朝刊

職業訓練の一環として、アンケートの集計作業をするペルー国籍の少年（17）。現在は特別支援学校の高等部に在籍し、就職を目指す＝名古屋市で、奥山はるな撮影（画像の一部を加工しています）

障害のある子どもの就学先について、文部科学省は２０１３年の通知で「本人と保護者の意見を可能な限り尊重しなければならない」と明記した。一方で、日本語が十分に理解できないため学校や医師と合意形成できず、希望しないまま特別支援学級に在籍する外国人の子どもは後を絶たない。

日本で生まれ、岐阜県の小学校に通ったブラジル人の中学２年の少女（１４）は本人や母親に説明もなく、入学時から小学４年まで特別支援学級に在籍することになった。

母親は約１５年前の来日直後から１日約１１時間、自動車部品工場で働く。日ごろ勉強を見てあげる余裕がな…

Rest behind paywall at https://mainichi.jp/articles/20190903/ddm/012/040/130000c?

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High ratio of foreign students put in special education after sitting IQ tests in Japanese
September 3, 2019 (Mainichi Japan)
Courtesy https://mainichi.jp/english/articles/20190902/p2a/00m/0na/016000c

PHOTO CAPTION: Takeshi Kayo, 15, who struggled to understand Japanese and was diagnosed as having a developmental disorder, studies for high school entrance exams at a cram school in the suburban city of Fussa in Tokyo in June 2019. (Mainichi/Haruna Okuyama)

TOKYO — Some foreign children in special education in Japan may have been mistakenly diagnosed as having intellectual or other disabilities due to low scores on their IQ tests because they couldn’t understand Japanese, experts have pointed out.

Among public elementary and junior high school students in 25 Japanese cities and towns that have a large population of foreign nationals, more than twice the percentage of all students enrolled in special education classes are foreign children, a freedom of information request filed with the education ministry and other sources revealed.

A survey conducted by the Ministry of Education, Culture, Sports, Science and Technology in February 2017 showed that 25 cities and towns that are part of a colloquium of municipalities where many foreign nationals reside called “Gaikokujin Shuju Toshi Kaigi,” 5.37% of foreign children at public elementary and junior high schools were found to be in special education classes, compared to 2.54% of all students at those schools. The results were compiled of foreign children who were in special education classes as of May 2016. The education ministry had not publicly released the survey results or even revealed that it had conducted the survey, saying “it was an internal survey of just some municipalities.”

The situation in May 2019 had also been surveyed in Ota, Gunma Prefecture; Ueda, Nagano Prefecture; Minokamo, Gifu Prefecture; the cities of Yokkaichi and Iga, Mie Prefecture; the cities of Toyohashi and Shinshiro, Aichi Prefecture; and Soja, Okayama Prefecture. The Mainichi Shimbun used the latest data for these eight cities, and calculated the percentage of foreign children in special education classes. The result showed that 5.37% (584 children out of 10,876) of foreign students were enrolled in special education classes, which was over twice the 2.54% (8,725 children out of 343,808) of students who were enrolled in special education classes out of the entire student population in those cities.

In all 25 cities and towns, the ratio of foreign children in special education classes was higher than the ratio of all students in special education classes, with foreign students comprising nearly 20% of special education classes in Soja, Iga, and Shinshiro, at 19.35%, 18.31% and 17.78%, respectively. Foreign students in the 25 cities and towns make up about 15% of those in all of Japan, and it is believed that the trend is similar in the rest of the country.

Whether a student is placed in a special education class depends on several criteria, including IQ tests. Because IQ tests are generally administered in Japanese, it is possible that the IQs of foreign students are not being assessed accurately. An official at the Soja Municipal Government said, “Enrollment in special education classes is the result of evaluating (foreign) students in the same way as Japanese students, but we recognize that the high rate of foreign students (in special education) is something that must be addressed. We’d like to analyze the results (of the survey).”

Yu Abe, the director of Yotsuya Yui Clinic in Tokyo’s Shinjuku Ward, which administers IQ tests in not just Japanese but in Spanish and Portuguese as well, points out that IQ tests have questions similar to those such as “Who founded the Kamakura shogunate?” and “When is the Tanabata festival?” which put the test-taker at a disadvantage if they are not familiar with Japanese culture. Says Abe, “It is difficult to determine if something is due to a disability, a Japanese language proficiency issue or a combination of those things. My hope is that educators expand the possibilities of support for students. For example, if a student has subjects they are good in, such as math or English, they can stay in the standard class, and receive extra assistance in Japanese language and social studies in Japanese language support classes.”

(Japanese original by Haruna Okuyama and Tomoyuki Hori, City News Department)

特別支援学級
外国籍率２倍　ＩＱ検査、日本語力影響か　集住２５市町
毎日新聞2019年9月1日　大阪朝刊

外国人が多く住む２５市町の公立小中学校に通う外国籍の子どもの５・３７％が、知的障害がある子らが学ぶ「特別支援学級」に在籍していたことが、文部科学省への情報公開請求などで判明した。２５市町の全児童生徒のうち特別支援学級に在籍しているのは２・５４％で、外国籍の子どもの在籍率は２倍超に達していた。専門家は「日本語が理解できないため知能指数（ＩＱ）検査の結果が低く、知的障害などと判断された可能性がある」と指摘している。（２７面に「にほんでいきる」）

調査は２０１７年２月、文科省が外国人住民の多い自治体でつくる「外国人集住都市会議」に参加する２５市…

Rest behind paywall at https://mainichi.jp/articles/20190901/ddn/001/040/004000c

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“Visible Minorities”: My first monthly column for the Shingetsu News Agency, Aug 19, 2019 (FULL TEXT)

Posted on August 19, 2019December 29, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Welcome back from a Summer Break. I’m pleased to announce that I have a new monthly column at the progressive Shingetsu News Agency, the only place left (following the rightward editorial shift at The Japan Times) offering independent journalism on Japan in Japan.

Here’s an excerpt, where I stake out what the column space will be about:

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Visible Minorities: Debito’s New Column for the Shingetsu News Agency

SHINGETSU NEWS AGENCY, AUG 19, 2019 by DEBITO ARUDOU in COLUMNS
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

My name is Debito Arudou (or Arudou Debito, if you prefer), that guy from Sapporo who started writing about Japan from the early 1990s on a long-dead mailing list called the Dead Fukuzawa Society. I wrote so much there that I decided to archive my writings on a webpage. Debito.org soon blossomed into an award-winning reference site on life and human rights in Japan, and later a platform for newspaper articles and fieldwork research on racial discrimination.

After moonlighting at places like the now-defunct Asahi Evening News and Japan Today, I began writing in 2002 a column for Japan Times, first under Zeit Gist and then Just Be Cause.

Decades later, here we are with a new monthly column at the Shingetsu News Agency, under the title Visible Minorities.

I chose this title for two reasons.

The first is because my doctoral research, and most recent book, was on “visible minorities,” a term used by academics, and even the Canadian government, to discuss a more subtle form of discrimination. It is used when a minority is treated differently by a society, even if they formally have the same legal rights as fellow residents and citizens, because they don’t look physically the same as the majority group in that society.

In Japan, this term is especially useful because our hegemonic national narrative claims that Japan is monocultural, monoethnic, and homogeneous. In other words, Japan allegedly has no minorities. But, of course, it does: the Ainu, the Uchinanchu, the “Zainichi” ethnic Koreans and Chinese, the Burakumin, foreign residents, and naturalized citizens.

Naturally, academia and the Japanese government have habitually promoted the fiction that Japan has no racial discrimination because Japan has no “races.” After all, Japan’s minorities are supposedly indistinguishable from the Japanese majority.

In other words, since everyone allegedly “looks Japanese,” Japanese racism is somehow different—it’s not a matter of skin color, so therefore it’s not the real racism found in other countries.

But what about those foreigners and naturalized Japanese citizens like myself who do have a different skin color? They are ignored because they’re apparently too small a number to really count, or they’re here by choice and therefore somehow aren’t really part of Japan.

Nowadays, Non-Japanese residents make up about 2.1% of the total population of these islands, and the demographic trends reveal clearly, as the Japanese population ages and decreases, that this proportion will continue to rise in the decades ahead.

And yet, still overlooked are the people—including the Japanese born from the hundreds of thousands of international couples—who are sometimes refused entry to bathhouses, shops, restaurants, hotels, hospitals, schools, colleges, or other places offering licensed services to the public.

That’s why the term “visible minorities” matters. All you need to be treated unequally in many cases is to look foreign, and this is an issue that Japan needs to better grapple with at both the social and political level.

A second, related reason why I chose this term as the column’s title is because minorities in Japan, as noted above, have in fact been made invisible for quite some time.

This wasn’t always the case. Prewar Japan once prided itself on how ethnically diverse it was. Interbellum Japan had a sizable foreign-born population, and offered imperial citizenship to the peoples it colonized. Indeed, the Japanese government even claimed it was unique in colonizing peoples without the trappings of racial discrimination. Japan’s Pan-Asianism was better than the yoke of White Imperialism, they argued, because everyone being liberated was of the same Asian “race.”

Of course, a colonizer is still a colonizer, and minorities in Japan back then, as anywhere, not only endured exploitation, but also faced extra hurdles as Pan-Asians to “prove” themselves loyal subjects of Japan. This included conscription into the Japanese military and collaboration in the often brutal subjugation of their homelands.

When the Japanese Empire disappeared after the Pacific War, so allegedly did all the minorities in Japan. The subjects of empire were stripped of their Japanese citizenship and given marching orders to go back overseas. They could only remain in Japan with their investments if they took jobs on Japan’s economic peripheries (such as pachinko parlors or the criminal underworld), or if they registered as potentially subversive elements to the state (with criminal penalties for not carrying fingerprinted identification at all times). Putting them on a separate “foreign registry” system also enabled the government to exclude “foreigners” from Japan’s official population tallies—making them statistically invisible. The homogeneous Japanese ethnostate was a postwar invention.

But in this increasingly globalized world, Japan’s minorities need to become visible again. This column will highlight the underrepresented minorities, unpacking what keeps them disenfranchised from “mainstream” debate and dialog.

In the English-language news media, where foreign residents had a voice going back to the late 19th century, the trend has actually been in the direction of increased marginalization. Hardly ever do Non-Japanese get to create their own public image.

First you have the vanity-press English versions of the major newspapers: Asahi, Yomiuri, and Mainichi, which have long ago purged their ranks of actual foreign reporters doing original reporting.

Then there is the rightwing Fujisankei Communications Group, which bought up the foreigner-founded Japan Today and shifted its editorial bent away from foreign voices and toward Japan boosterism. That doesn’t even touch on the content of the unspeakable Japan Forward.

The once last-man-standing Japan Times has famously changed its tone under the new ownership that arrived in 2017, firing several of its major columnists who were critical of the government, and adopting officially-sanctioned terminology about historical events that adhere to an ahistorical line.

Other media run by minorities and Non-Japanese, including ethnic newspapers, newsletters, and websites, sadly have little reach and minimal impact on Japanese society.

Let’s try to change that. I look forward to writing for a Shingetsu News Agency that challenges the stale conventions and speaks truth to power. The point is to increase the visibility of minorities, and to assist Japanese of goodwill in dismantling the systems that keep them disenfranchised.

Thank you for reading me over the years. Let’s do some more good work.

ENDS

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Read the full text also at
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

Enjoy. Let’s hit the last three months of this year running, and help reverse the tide of xenophobia that has swept liberal democracies worldwide. Debito Arudou Ph.D.

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

Posted on August 1, 2019August 10, 2019 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

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

Thanks very much as always for reading! Debito Arudou Ph.D.

Japan Times JBC 116: “‘Love it or leave it’ is not a real choice” (on how Trump’s alienation of critics of color is standard procedure in Japan), July 24, 2019

Posted on July 24, 2019December 15, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. My latest Japan Times column, talking about how Trump’s recent use of a racist trope, denying people of color the right to belong in a society simply because they disagree with the dominant majority’s ideology, is taking a page from Japanese society’s standard tactics of forcing NJ and Visible Minorities to “love Japan or go home”. Excerpt follows below. Debito Arudou Ph.D.

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ISSUES | JUST BE CAUSE

‘Love it or leave it’ is not a real choice
BY DEBITO ARUDOU, THE JAPAN TIMES, JUL 24, 2019

Roiling American politics last week was a retort by President Donald Trump toward congresswomen of color critical of his policies.

First he questioned their standing (as lawmakers) to tell Americans how to run the government. Then he said they should “go back” to the places they came from and fix them first.

For good measure, he later tweeted, “If you are not happy here, you can leave!”

The backlash was forceful. CNN, NPR, The New York Times, Washington Post and other media called it “racist.” Others called it “un-American,” pointing out that telling people to go back to other countries might violate federal antidiscrimination laws.

The Atlantic was even apocalyptic, arguing that “what Americans do now (in response) will define us forever” as the world’s last great bastion of multiracial democracy.

Why is this an issue for this column? Because it’s hard to imagine a similar backlash happening in Japan, even though this kind of alienation happens here often. [In fact, in Japan it’s old hat…]

Rest at https://www.japantimes.co.jp/community/2019/07/24/issues/love-leave-not-real-choice/

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Kyodo: Japan celebrates its South American Japanese diaspora. Praising them for doing what it complains NJ immigrants to Japan do. (Like take Nippon Foundation money to sterilize Peruvian indigenous peoples?)

Posted on July 19, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Check out this article that appeared recently in The Japan Times, courtesy of the wire services:

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Princess Mako meets with Peruvian president, expresses gratitude for acceptance of Japanese immigrants
KYODO, JIJI JUL 12, 2019 (excerpt), courtesy of Andrew in Saitama
https://www.japantimes.co.jp/news/2019/07/12/national/princess-mako-meets-peruvian-president-expresses-gratitude-acceptance-japanese-immigrants/

LIMA – Princess Mako paid a visit to Peruvian President Martin Vizcarra on Thursday in Lima during her trip to mark the 120th anniversary of the start of Japanese immigration to the South American country.

“I feel Japanese Peruvians are treated very well in Peru. I’m grateful that Peru accepted Japanese immigrants,” the 27-year-old princess, the eldest daughter of Crown Prince Akishino, said during the meeting at the president’s office.

Vizcarra said he is glad that Japanese Peruvians are actively involved in various fields.

The president also showed his gratitude to Japan’s contribution to Peru in the areas of technological and economic cooperation and archaeology. […]

She later met at a hotel in Lima with representatives of Japanese people living in Peru and Japanese volunteers dispatched by the Japan International Cooperation Agency, thanking them for their efforts in the country. […] On Wednesday, she attended a ceremony marking the immigration anniversary and met with Peruvians of Japanese descent. She is scheduled to travel to Bolivia on Monday to mark the 120th anniversary of the start of Japanese immigration to that country, and return home on July 22.
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Full article at
https://www.japantimes.co.jp/news/2019/07/12/national/princess-mako-meets-peruvian-president-expresses-gratitude-acceptance-japanese-immigrants/

As Debito.org Reader Andrew in Saitama recently commented:

“Team Japan celebrates its emigrants for their contributions (i.e. being Japanese) – essentially praising them for doing what it complains its immigrants do.”

But Reader JDG went even further:

“Notice they don’t talk about LDP members funding Peruvian government forced sterilization of ethnic minorities. That’s some Japanese contribution to Peruvian society!”

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Mass sterilisation scandal shocks Peru
BBC News, Wednesday, 24 July, 2002, courtesy of JDG
http://news.bbc.co.uk/2/hi/americas/2148793.stm

More than 200,000 people in rural Peru were pressured into being sterilised by the government of former President Alberto Fujimori, an official report has revealed.

The Health Minister, Fernando Carbone, said the government gave misleading information, offered food incentives and threatened to fine men and women if they had more children.

Poor indigenous people in rural areas were the main targets of the compulsive family planning programme until 2000, when Mr Fujimori left for Japan amid mounting corruption allegations against him.

Mr Carbone said there was evidence that Mr Fujimori and a number of high-ranking ministers could be held responsible for “incorrect procedures” and “human rights violations”.

He called for a deeper investigation and promised that action would be taken against those found responsible for the forced sterilisations.

‘Deceitful’ campaign

Figures show that between 1996 and 2000, surgeons carried out 215,227 sterilising operations on women and 16,547 male vasectomies.

This compared to 80,385 sterilisations and 2,795 vasectomies over the previous three years.

The result has been a demographical drop in certain areas, leaving an older population and the economic disadvantages which will result from fewer people able to earn a living.

The report, by the commission investigating “voluntary contraceptive surgery” activities, concluded that there had been numerous programmes during the Fujimori regime which threatened poor women in Peru.

The operations were promoted in a “deceitful” publicity campaign of leaflets, posters and radio advertisements promising “happiness and well-being,” the report said.

Investigations found that there was inadequate evaluation before surgery and little after-care.

The procedures were also found to have been negligent, with less than half being carried out with a proper anaesthetist.

The commission’s report said the inadequate family planning policy had a psychological and moral impact and harmed the dignity and physical integrity of men as well as women.

Threats

Five hundred and seven people, from rural areas such as Cuzco and Ancash, gave testimonies to the commission.

Only 10% of these admitted having voluntarily agreed to the sterilisation procedure after promises of economic and health incentives such as food, operations and medicines.

Others said that if they refused they were told they would have to pay a fine and would not be able to seek medical help for their children.

The report added that most of the women interviewed said they were scared of talking because of threats made against anyone who spoke out.

The programme was found to have been designed, encouraged and monitored at the highest levels in Fujimori’s government, including the president’s office.

The number of operations, and pressure from government, started to fall after increasing concerns from human rights organisations within Peru and the international community.

ENDS

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COMMENT FROM DEBITO: Now, before anyone writes in and says, “You’re being racist. Alberto Fujimori didn’t do this BECAUSE he is Japanese. He just happened to be of Japanese descent.” (And self-claimed citizenship.) While doing monstrous things.

However, remember that Fujimori WAS being funded by the right-wing Nippon Foundation (founded by war criminal Sasakawa Ryouichi), especially when it was being headed by self-proclaimed South African Apartheid supporter (and apparently personal friend of Fujimori’s) Sono Ayako.

Meaning Fujimori, with the help of Japanese eugenicists, was cleansing Peru’s countryside of Peruvian indigenous peoples without proper medical procedure or oversight.

We’ve covered Sono Ayako’s ideological hijinks and Alberto Fujimori’s international criminal activity (which is why he is in prison now) on Debito.org before. What’s missing from this celebration of Japanese history in South America, as JDG notes, is Japan’s hand in modern human rights atrocities overseas. Thanks to Debito.org Readers for keeping this information alive. Debito Arudou Ph.D.

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US State Dept. 2018 Country Reports on Human Rights Practices, Japan: Highlights for Debito.org Readers

Posted on July 9, 2019July 9, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Every year, the US State Department issues its “Country Reports on Human Rights Practices”. As highlighted by the Shingetsu News Agency, the 2018 Report on Japan came out last March. Now while it’s quite rich for the US to be reporting on other countries (but not, notably, itself) while it has an ongoing human-rights debacle for detained foreign entrants and asylum seekers (and their children) around its southern border, this Report has been cited over the years as authoritative (and it has also included the work of Debito.org and others).

So here are the highlights on issues pertaining to Debito.org. As you can see, a lot of information is glossed over. Read the Report on Japan in its entirety here. Debito Arudou Ph.D.

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2018 Country Reports on Human Rights Practices: Japan

MARCH 13, 2019

Courtesy https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/japan/

Highlights:

Section 1. Respect for the Integrity of the Person

Prison and Detention Center Conditions:
Prison management regulations stipulate that independent committees inspect prisons and detention centers operated by the Ministry of Justice and detention facilities operated by police. Authorities permitted the committees, which include physicians, lawyers, local municipal officials, and local citizens, to interview detainees without the presence of prison officers.

By law third-party inspection committees also inspected immigration detention facilities, and their recommendations generally received serious consideration.

Domestic and international NGOs and international organizations continued to note that this process failed to meet international prison inspection standards. As evidence, they cited the Justice Ministry’s control of all logistical support for the inspection committees, the use of ministry interpreters during interviews with detainees, and a lack of transparency about the composition of the committees.

[More on what’s been glossed over about detention centers etc. here.]

D. ARBITRARY ARREST OR DETENTION

The law prohibits arbitrary arrest and detention. Civil society organizations reported on ethnic profiling and surveillance of foreign Muslims by the police, according to the August report by the UN Committee on the Elimination of Racial Discrimination.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Public Safety Commission, a cabinet-level entity, oversees the National Police Agency (NPA), and prefectural public safety commissions have responsibility for local police forces. The government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year. Some NGOs criticized local public safety commissions for lacking independence from or sufficient authority over police agencies. […]

The Japan Federation of Bar Associations continued to allege that suspects confessed under duress, mainly during unrecorded interrogations, calling for recording entire interrogations for all cases. Prosecutors’ offices and police increasingly recorded entire interrogations for heinous criminal cases, cases involving suspects with intellectual or mental disabilities, and other cases on a trial basis; however, recording was not mandatory, and there was no independent oversight of this practice.

Police inspection offices imposed disciplinary actions against some violators of interrogation guidelines, although the NPA did not release related statistics. […]

[More on what’s been glossed over about police interrogation tactics here.]

ARREST PROCEDURES AND TREATMENT OF DETAINEES
Pretrial Detention
Because judges customarily granted prosecutors’ requests for extensions, pretrial detention, known as daiyou kangoku (substitute prison), usually continued for 23 days. NGOs reported the practice of detaining suspects in daiyou kangoku continued. NGOs and foreign observers continued to report that access to persons other than their attorneys and, in the case of foreign arrestees, consular personnel, was denied to some persons in daiyou kangoku. Nearly all persons detained during the year were held in daiyou kangoku. Beyond daiyou kangoku, extended pretrial detention of foreign detainees was a problem; examples included one person held more than 27 months (as of September) and several held for more than a year without trial. In these cases, prosecutors changed multiple times, trial dates were rescheduled and delayed, and prosecutors continued to request “additional time” to investigate matters that, according to the defendant’s counsel, did not warrant the trial’s further delay or additional preparatory pretrial meetings, which are common for jury system cases. […]

Each charged individual has the right to a trial without undue delay (although foreign observers noted trials may be delayed indefinitely for mentally ill prisoners, and extended pretrial detention of foreign detainees was a problem); to access to defense counsel, including an attorney provided at public expense if indigent; and, to cross-examine witnesses. There is a lay-judge (jury) system for serious criminal cases, and defendants may not be compelled to testify against themselves. Authorities provided free interpretation services to foreign defendants in criminal cases. Foreign defendants in civil cases must pay for interpretation, although a judge may order the plaintiff to pay the charges in accordance with a court’s final decision.

[More on what’s been glossed over about police pretrial detention here.]

Section 2. Respect for Civil Liberties
A. FREEDOM OF SPEECH AND PRESS

Freedom of Expression:
According to media and NGO reports, incidents of hate speech against minorities and their defenders, in particular, on the internet, grew. The national law on hate speech applies only to discriminatory speech and behavior directed at those who are not of Japanese heritage and is limited to educating and raising public awareness among the general public against hate speech; it does not carry penalties. Prosecutors have instead used another law on libel to prosecute an extremist group for hate speech, as discussed below. Additionally, on the local-government level, Osaka City and Kyoto Prefecture, where nationalist groups have frequently staged public anti-Korea events near “Korea Town” neighborhoods, as well as Kawasaki City and Tokyo Prefecture, have passed their own ordinances or guidelines to regulate hate speech.

[More on hate speech laws and issues here.]

In April the Kyoto Prefectural Prosecutors’ Office indicted a former Zaitokukai (an ultranationalist organization) senior official, Hitoshi Nishimura, on libel charges for making derogatory online and public statements about the North Korea-affiliated Chosen School in Kyoto. Attorneys for the school’s owner welcomed the prosecutors’ decision to pursue a defamation charge under the Penal Code, which carries a heavier sentence than civil charges levied against other Zaitokukai members following similar incidents in 2009.

[More on the Zaitokukai and their antics here.]

D. FREEDOM OF MOVEMENT, INTERNALLY DISPLACED PERSONS, PROTECTION OF REFUGEES, AND STATELESS PERSONS

Access to Asylum:
The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Justice introduced revised screening procedures for refugee applications on January 15 to promote granting refugee status to genuine applicants promptly while also curbing abuse of the application process. As a result, the number of approved applications from January through June, including the approval of two previously denied applications, exceeded the number of approvals granted during all of 2017. In 2017 there were 19,629 applications, 20 of which were approved (0.1 percent). From January through June 2018, the government received 5,586 applications, 22 of which were approved (0.4 percent).

Access to Basic Services:
Refugees continued to face the same discrimination patterns sometimes seen by other foreigners: reduced access to housing, education, and employment. Except for those who met right-to-work conditions, individuals whose refugee applications were pending or on appeal did not have the right to receive social welfare. This status rendered them completely dependent on overcrowded government shelters, illegal employment, or NGO assistance.

[More on issues facing Refugees in Japan here.]

Elections and Political Participation:
Participation of Women and Minorities:
Because some ethnic minority group members are of mixed heritage and did not self-identify, it was difficult to determine their numbers in the Diet, but a number were represented.

[Well, that’s short and under-researched. Try here, here, and here, for a few more insights.]

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were usually cooperative and responsive to their views.

Government Human Rights Bodies:
The Justice Ministry’s Human Rights Counseling Office had 311 offices across the country. Approximately 14,000 volunteers fielded questions in person, by telephone, or on the internet and provided confidential consultations. Counselling in any of six foreign languages was available in 50 offices. These consultative offices fielded queries, but they do not have authority to investigate human rights violations by individuals or public organizations, provide counsel, or mediate. Municipal governments had human rights offices that dealt with a range of human rights problems.

[That too is under-researched. These “human rights offices” hardly “deal” with problems effectively at all.]

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

International Child Abductions:
The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

[Seriously, that’s all they say. Rubbish.]

National/Racial/Ethnic Minorities:
Minorities experienced varying degrees of societal discrimination.

Despite legal safeguards against discrimination, foreign permanent residents in the country and nonethnically Japanese citizens, including many who were born, raised, and educated in the country, were subjected to various forms of entrenched societal discrimination, including restricted access to housing, education, health care, and employment opportunities. Foreign nationals as well as “foreign looking” citizens reported they were prohibited entry, sometimes by signs reading “Japanese Only,” to privately owned facilities serving the public, including hotels and restaurants. Although such discrimination was usually open and direct, NGOs complained of government failure to enforce laws prohibiting such restrictions.

Representatives of the ethnic Korean community said hate speech against them in public and on social networking sites continued. Additionally, there was no indication of increased societal acceptance of ethnic Koreans. Although authorities approved most naturalization applications, advocacy groups continued to complain about excessive bureaucratic hurdles that complicated the naturalization process and a lack of transparent criteria for approval. Ethnic Koreans who chose not to naturalize faced difficulties in terms of civil and political rights and regularly encountered discrimination in job promotions as well as access to housing, education, and other benefits.

Senior government officials publicly repudiated the harassment of ethnic groups as inciting discrimination and reaffirmed the protection of individual rights for everyone in the country.

[These reporters owe it to themselves to read book “Embedded Racism“. It’s not just “societal discrimination” when racialized discrimination is embedded in the very writing of the laws. Start here at Chapter 4.]

Section 7. Worker Rights

B. PROHIBITION OF FORCED OR COMPULSORY LABOR

The law prohibits all forms of forced or compulsory labor.

Violations persisted and enforcement was lacking in some segments of the labor market, for example, in sectors where foreign workers were employed; however, in general the government effectively enforced the law. Legal penalties for forced labor varied depending on its form, the victim(s), and the law that prosecutors used to prosecute such offenses. Not all forms of forced or compulsory labor were clearly defined by law, nor did they all carry penalties sufficient to deter violations. For example, the law criminalizes forced labor and prescribes penalties of up to 10 years’ imprisonment, but it also allows for fines in lieu of incarceration. NGOs argued that reliance on multiple and overlapping statutes hindered the government’s ability to identify and prosecute trafficking crimes, especially for cases involving forced labor with elements of psychological coercion.

Reports of forced labor continued in the manufacturing, construction, and shipbuilding sectors, largely in small- and medium-size enterprises employing foreign nationals through the Technical Intern Training Program (TITP). This program allows foreign workers to enter the country and work for up to five years in a de facto guest worker program that many observers assessed to be rife with vulnerabilities to trafficking and other labor abuses.

Workers in these jobs experienced restrictions on freedom of movement and communication with persons outside the program, nonpayment of wages, excessive working hours, high debts to brokers in countries of origin, and retention of identity documents. For example, women from Cambodia and China recounted long hours, poor living conditions, restricted freedom of movement, and nonpayment of wages while they were working in a Gifu textile factory. Workers were also sometimes subjected to “forced savings” that they forfeited by leaving early or being forcibly repatriated. For example, some technical interns reportedly paid up to one million yen ($8,900) in their home countries for jobs and were reportedly employed under contracts that mandated forfeiture of those funds to agents in their home country if workers attempted to leave, both of which are illegal under the TITP. In 2017 the government established an oversight body, the Organization for Technical Intern Training (OTIT), which conducted on-site inspections of TITP workplaces. There is concern that the OTIT is understaffed, insufficiently accessible to persons who do not speak Japanese, and ineffective at prosecuting labor abuse cases.

Workers who entered the country illegally or who overstayed their visas were particularly vulnerable. NGOs maintained government oversight was insufficient.

Despite the prevalence of forced labor within the TITP, no case has ever led to a labor trafficking prosecution.

On December 8, the country enacted legislation that creates new categories of working visas to bring in more skilled and blue-collar workers and upgrades the Justice Ministry’s Immigration Bureau to an agency that will oversee companies that accept foreign workers. NGOs expressed concern that the new law does not adequately safeguard against the potential for continued labor abuses, such as those that have been present in the TITP.

[…] Reports of employers forcing pregnant women to leave their jobs continued, although there are no recent data on this problem. In December media reported the case of a Vietnamese technical trainee who was told to have an abortion or quit her job.

[More on the issues involving “Trainees” etc. here.]

E. ACCEPTABLE CONDITIONS OF WORK

The minimum wage ranged from 737 to 958 yen ($6.50 to $8.50) per hour, depending on the prefecture. The poverty line was 1.22 million yen ($10,900) per year. […] Nonregular workers (which include part-time workers, fixed-term contract workers, and dispatch workers) made up approximately 37 percent of the labor force in 2017. […]

Reports of abuses in the TITP were common, including injuries due to unsafe equipment and insufficient training, nonpayment of wages and overtime compensation, excessive and often spurious salary deductions, forced repatriation, and substandard living conditions (also see section 7.b.). In addition, observers alleged that a conflict of interest existed, since the inspectors who oversee the TITP working conditions were employed by two ministries that are members of the interagency group administering the TITP. Some inspectors appeared reluctant to conduct investigations that could cast a negative light on a government program that business owners favored.

There were also reports of informal employment of foreign asylum seekers on provisional release from detention who did not have work permits. Such workers were vulnerable to mistreatment and did not have access to standard labor protections or oversight.

EXCERPT ENDS

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Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling

Posted on June 29, 2019June 29, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Dovetailing with last week’s blog entry about how Japan’s new “open door” visa programs violate basic human rights, here’s the old classic “closed door” policies aimed to punish bureaucratic transgressions by perpetually detaining people under conditions that don’t fall under standards for sufficient monitoring (because technically, they’re not “prisons”). Policywise, they’re meant to be a deterrent — part of a separate judicial track for foreigners in Japan with fewer human rights (full details on this in “Embedded Racism” Ch. 6). Separate and lethal. Particularly in Ushiku.

Again, given how Japan’s ethnostate policies are an inspiration for xenophobes and racial supremacists worldwide, I would argue that these longstanding inhumane “Gaijin Tanks” are a working model for the “concentration camps” (the political term of debate in the US these days) for detainees along the American southern border. Except politicians in Japan don’t have the cojones to call them anything but benign-sounding “detention centers” — after all, who in any position of power cares about the plight of foreigners in Japan?

So what term is a more appropriate depiction for awareness-raising? Gaijin Gulags? Internment Camps? Captivity Chambers? Perpetual Penitentiaries? Detention Dungeons? This is a situation where the label matters and the proper language escapes. Debito Arudou Ph.D.

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Nigerian dies after hunger strike in Japan detention center

REUTERS/Asahi Shimbun AJW, June 27, 2019, courtesy of DM.
http://www.asahi.com/ajw/articles/AJ201906270086.html

A Nigerian man died in a Japanese immigration detention center this week, an official said on Thursday, bringing to an end a hunger strike an activist group said was intended to protest his being held for more than three years.

It was the 15th death since 2006 in a system widely criticized over medical standards, the monitoring of detainees and how guards respond to a medical emergency.

The man, in his 40s, died on Monday in the southern city of Nagasaki after he lost consciousness and was taken to hospital, said a detention center official who declined to be identified.

He did not give a cause of death.

RINK, a group supporting detainees at the center, told Reuters the Nigerian had been on hunger strike to protest his lengthy detention.

Another 27 foreigners are on hunger strike at a detention center in Ushiku, northeast of Tokyo, said a separate group supporting detainees at that facility.

Some of them have gone without food for 47 days, said Kimiko Tanaka, a spokeswoman for the group.

She said a 23-year-old Iranian man who sought asylum more than two years ago has lost weight and is using a wheelchair.

Two other men at Ushiku have been detained for five years, she said.

“The reality of a lengthy detention is nothing but a human rights violation,” Tanaka said.

An official at the national immigration agency confirmed there are hunger strikers at the Ushiku center, but he did not say how many. Authorities are providing medical care and trying to persuade them to eat, he added.

Immigration is a contentious issue in Japan, where ethnic and cultural homogeneity are deeply rooted.

Japan held about 1,500 detainees as of June 2018, according to the latest public data, nearly half of them for more than six months.

Some 604 were asylum seekers whose applications were rejected, while the rest were held for various immigration infractions such as overstaying visas.
ENDS

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Mainichi: New “open door” visa programs violate basic NJ human rights (now including marriage and children), don’t resolve cruel detention centers, and still curb actual immigration and assimilation

Posted on June 20, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. The Mainichi updates us on how Japan’s oft-toted “wider open door” new visa regimes make sure any actual immigration is held in check, with continuing draconian and deadly treatment for detained NJ.

The Mainichi calls them “haphazard immigration policies”, but that’s inaccurate. Japan still has no policy in place to encourage newcomers become immigrants (imin, i.e., firmly-established taxpaying residents and citizens). Au contraire, they’re still part of what Debito.org has called a “revolving-door” visa policy that has been in place for nearly thirty years now (what with the “Trainee” and “Technical Intern” programs that won’t even call NJ laborers “workers” (roudousha) in order to avoid granting them some legal protections), to make sure we take them in young, fresh and cheap, and spit them out when they’re too expensive or past their working prime.

For those who fall afoul of this exploitative system, they face being made an example of within cruel “gaijin tank” detention centers (which don’t fall under minimum standards covering prisons), which in effect send a deterrent message. It’s similar to what’s happening in the concentration camps now being run by the US Customs and Border Patrol (which, given that 45’s supporters are in thrall to Japan’s putative ethnostate, should not be too surprising).

As an interesting aside, the Mainichi below mentions how Japan even ethnically cleansed itself of Iranians in the 1990s, which can and will happen again. Now public policy is going one step further — trying to nip any possibility of marriage and children with Japanese. There are even bans on NJ on certain work visas having international liaisons, marriage, and children!

For all the new “open-door” visas being advertised, it’s clear that NJ are still seen more as work units than human beings. Debito Arudou Ph.D.

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Left in limbo: Japan’s haphazard immigration policies, disrespect for human rights
April 19, 2019 (Mainichi Japan), courtesy of JK
http://mainichi.jp/english/articles/20190419/p2a/00m/0fe/004000c

PHOTO CAPTION: Farhad Ghassemi’s father, Seyfollah Ghassemi, had been detained at Higashi Nihon Immigration Center, also known as Ushiku Detention Center, until his provisional release in October of last year. Pictured here at his home in Kanagawa Prefecture on March 12, 2019, Seyfollah says he is worried that his provisional release could be revoked at any time. (Mainichi/Jun Ida)

Japan is expected to see an influx of at least 340,000 people in the next five years, as a result of the amended Immigration Control and Refugee Recognition Act that went into effect April 1. But are this country’s people, society and legal system ready for such a sudden shift? Foreign nationals who have already lived in Japan for years and their Japanese supporters cast doubt not only on Japan’s preparedness, but on its willingness.

Kanagawa resident Farhad Ghassemi, 17, was born in Japan to an Iranian father and a Japanese Bolivian mother. He’s an Iranian national, but the extent of his skills in Farsi and Spanish, his father’s and mother’s mother tongues, respectively, are minimal. He filed a lawsuit with the Tokyo District Court seeking, among other things, the invalidation of a deportation order that was issued when he was 6 years old. On Feb. 28, however, Presiding Judge Chieko Shimizu dismissed all of his requests.

Farhad was sitting in the gallery the moment the ruling was handed down. He cradled his head in his arms and did not move for a while afterward. “I was shocked,” he says. “I can’t help but think they’re just bullying us.”

Farhad’s father, 50-year-old Seyfollah Ghassemi, entered Japan in 1992, seeking work. Here he met Liliana, 50, and the two married. Their son Farhad was born in 2002. In 2009, the year after Seyfollah was arrested for overstaying his visa, the family of three was issued a written deportation order.

Farhad’s status until now has been “provisional release,” meaning he does not have a residence permit but is not in detention, allowing him to receive an education alongside his Japanese peers. The latest ruling has forced Farhad to enter his final year of high school not knowing what will happen to him, under an unauthorized status. He wants to further his education, but does not know how many universities here accept foreign nationals without authorization to live in Japan. Farhad appealed the district court’s ruling to the Tokyo High Court.

Farhad is naturally worried about what lies ahead. “I can’t plan my future,” he said.

This reporter has recently visited the family’s home in Kanagawa Prefecture. By the window was a photo of the family taken at an aquarium before Farhad had started elementary school. “Japan is the only place where all three of us can live together,” Seyfollah said.

Seyfollah is Muslim, while Liliana is Christian. In Iran, even the inter-sect marriage of Sunnis and Shias is highly controversial. Under Iranian law, Liliana would be forced to convert to Islam. Farhad, who does not follow any religion, would also be forced to become Muslim.

The Tokyo District Court acknowledged that there was a “risk of great loss” if Farhad’s request for permission to stay in Japan were not granted, because Farhad’s life was deeply rooted in Japan, both in terms of language and lifestyle. Moreover, the court stated that “the plaintiff could not be held responsible” for the fact that he has been on overstay status since he was 6 years old. And yet, the reasoning that is given for the government’s ultimate decision not to grant Farhad special residence permission is that it is “within the discretion of the government,” and is “legitimate.”

“This is the true face of a country that amended its immigration law to say, ‘Welcome, foreign laborers,'” says journalist Koichi Yasuda, who witnessed the sentencing in the gallery of the courtroom. “For self-serving reasons, the state is trying to kick out people who have actually put down roots in Japan. It’s a complete contradiction.”

Yasuda writes about discrimination against foreign nationals and human rights issues in his latest book, “Danchi to imin” (Danchi apartments and immigrants). He points out that until 1992, the year Seyfollah arrived in Japan, Iran and Japan had a mutual visa waiver agreement in place. “At the time, micro-, small- and mid-sized businesses were highly dependent on Iranian laborers, making their presence crucial. Many people can probably recall the sight of many Iranian workers who, on their days off, would congregate at parks in Tokyo to exchange information,” Yasuda says. “The Japanese government was effectively giving its approval to Iranian labor.”

However, once Japan’s economy tanked, society’s anti-foreign rhetoric spread. It was against this backdrop, Yasuda explains, that the government beefed up its policy of urging Iranians to leave Japan. Meanwhile, the 1990s saw a surge in the number of laborers coming into Japan from Brazil and other countries due to relaxed visa requirements for foreign nationals of Japanese descent.

“(Farhad’s mother) Liliana, who is of Japanese descent, arrived in Japan in 1994. Families like the Ghassemis are precisely the result of Japan’s haphazard immigration policies. And now the children of the couples who met in Japan are being told to leave the country. The phenomenon is symbolic of Japanese society,” Yasuda says.

Once in Japan, Seyfollah experienced discrimination at the workplace when he was an automobile mechanic, and also in his everyday life. But he recalls that ever since he met Liliana, they “helped each other lead their lives in Japan, a country that was unfamiliar to both of us.” Reading the court ruling handed to Farhad, it makes one wonder whether foreign nationals who come to Japan are forbidden from falling in love or getting married depending on their visa status.

“Such bans actually exist in Japan,” Yasuda tells the Mainichi Shimbun.

Through interns with the Technical Intern Training Program whom he has interviewed, Yasuda has learned of cases in which bans on dating and getting married — regardless of the other party’s nationality — are clearly outlined in the interns’ workplace regulations. “It’s like middle school ‘seito techo’ (school rulebooks that most Japanese middle schools distribute to their students), but they’re forcing these rules on foreign nationals in their 20s and 30s,” he says. “One rule even went like this: ‘Conduct that could result in pregnancy is banned.’ Japanese employers think they can include such a rule in their work regulations if they’re targeted toward foreign laborers.”

At the same time that the amended immigration laws went into force in a bid to bring more foreign workers to Japan, the long-term detentions of foreign nationals who have overstayed their visas is a common sight at immigration detention centers across the country. As of the end of July 2018, of the 1,309 detainees nationwide, 54% had been detained for six months or longer. According to attorneys and others who provide assistance to foreign workers in Japan, 13 foreign nationals died by suicide or from illness while in detention between 2007 and 2018. Many detainees complain of appalling health conditions at detention centers, saying they are hardly permitted to see physicians.

A damages lawsuit brought against the central government at the Mito District Court for the 2014 death of a then 43-year-old Cameroonian man while he was detained at Higashi Nihon Immigration Center in the Ibaraki Prefecture city of Ushiku is ongoing. His mother, who resides in Cameroon, filed the suit.

According to the legal complaint that was filed, the man had been confirmed as diabetic after a medical consultation at the immigration center. He began to complain of pain in February 2014, and died at the end of March that year. Security cameras at the center captured him saying in English that he felt like he was dying starting the night before his death, and the footage has been saved as evidence. Even after the man fell from his bed, he was left unattended, and a staff member found him in cardiopulmonary arrest the following morning. He was transported to a hospital where he was confirmed dead.

“Immigration officials have a duty to provide emergency medical care,” says the plaintiff’s attorney, Koichi Kodama. “The government should be accountable for revealing who was watching the footage of the man rolling around on the floor, screaming in pain, and whether anyone went directly to his room to check on his condition.”

There is no way a society that does not respect the human rights of individual foreigners and only sees them as “cheap labor” or “targets of public security measures” can flourish.

Says journalist Yasuda, “There are times when I wonder if Japan should be allowed to bring in foreigners, or has the right to bring in foreigners. At the same time, though, I believe that it’s a good thing for society that people with different roots live together. I think that the media should stop reporting on foreigners as people to be pitied, and not forget that this is a problem with our society.”

(Japanese original by Jun Ida, Integrated Digital News Center, Evening Edition Group)
Japanese version (excerpt)

特集ワイド
外国人労働者は恋愛禁止？　場当たり政策が生む「悲劇」
毎日新聞2019年4月1日　東京夕刊
写真：昨年１０月まで東日本入国管理センターに収容され、仮放免中のガセミ・セイフォラさん。「また仮放免を取り消されるのではないかといつも不安です」＝神奈川県の自宅で
外国人労働者の受け入れ拡大を目的にした改正入管法が１日、施行された。今後５年間で３４万人以上の増加を見込む外国人とともに暮らすための法制度や社会の準備は本当に整っているのか。長く日本で生活しながら差別的な扱いに苦しむ外国人と、支援者からは不安の声が聞こえる。【井田純】

改正入管法施行　消えぬ不安の声
判決が言い渡された瞬間、傍聴席に座っていた神奈川県在住の原告、ガセミ・ファラハッドさん（１７）＝イラン国籍＝は頭を抱えてうつむき、しばらくの間動かなかった。「ショックでした。自分たちをいじめているようにしか思えません」。父はイラン人、母は日系ボリビア人。日本で生まれ育ち、両親の母語はあいさつ程度しか話せない。６歳の時に出された「退去強制令書」の無効確認などを求めて東京地裁に提訴したが、２月２８日、清水知恵子裁判長はすべての請求を退ける判決を言い渡した。

この訴訟については途中経過を昨年９月の「特集ワイド」で取り上げたが、改めて経緯を振り返りたい。

Rest available by subscription at http://mainichi.jp/articles/20190401/dde/012/040/015000c

ENDS
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SCMP: “Japan: now open to foreign workers, but still just as racist?” Quotes Debito.

Posted on May 19, 2019May 19, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. As a follow-up to what I wrote for the Japan Times in my end-year column last January (see item #1), here’s the SCMP offering more insights into the issue of Japan’s new visa regimes and the feeling of plus ca change. My comment about the article is within the article. Debito Arudou Ph.D.

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

Japan: now open to foreign workers, but still just as racist?

Japan is opening its doors to blue-collar workers from overseas to fill the gaps left by an ageing population
Resident ‘gaijin’ warn that the new recruits – whom the government refuses to call ‘immigrants’ – might not feel so welcome in Japan
By Julian Ryall, South China Morning Post, 11 May, 2019
https://www.scmp.com/week-asia/politics/article/3009800/japan-now-open-foreign-workers-still-just-racist

Japan’s reluctance to allow foreigners to fill the gaps in its labour market has finally crumbled, as the country begins issuing the first of its new visas for blue-collar workers from overseas.

The first exams for applicants are being held in locations across Japan and also in Manila, following the introduction last month of new visa classifications that the government expects will lead to the admittance of more than 345,000 foreigners over the next five years.

Teething problems appear all but inevitable given the nation is famously insular, is not experienced with large-scale immigration and has a deep distrust of change.

Companies struggling to find enough employees as the population ages and fewer young people enter the workforce have broadly welcomed the new immigration rules – though there are still many who insist that the government has made a mistake and that local people’s jobs and social harmony are at risk. Ultra-conservatives, meanwhile, are railing at the potential impact on the racial purity of their island nation.

And there are foreign residents of Japan who fear the new rules may encourage even more overt discrimination against “gaijin”, or foreigners, than already exists. According to government statistics, there are 2.217 million foreign residents of Japan, with Koreans, Chinese and Brazilians making up the largest national contingents.

The new visa has two versions, both requiring a company to sponsor the foreign worker and provide evidence that he or she has passed various tests, including on Japanese language ability.

Fourteen industries – including food services, cleaning, construction, agriculture, fishing, vehicle repair and machine operations – are covered by the first visa, aimed at those with limited work skills. The worker’s stay is limited to five years, with the option of visa renewals, but they are not permitted to bring their family members to Japan.

The second type of visa does permit skilled workers to bring their families to Japan when they meet certain criteria, although this has led to domestic criticism that the administration of Prime Minister Shinzo Abe has opened the door to enabling immigrants to settle permanently in Japan, despite the government’s insistence they are only in the country temporarily and are not immigrants.

Industry analysts say the issue needs to be addressed urgently, although they also warn that the 47,550 visas that are expected to be issued in the first year of the new scheme, and the total of 345,000 over the initial five years, will still fall well short of what domestic industries require.

Japan’s open to foreign workers. Just don’t call them immigrants

“Government statistics and industry are both telling us that the labour market is completely empty,” said Martin Schulz, senior economist for the Fujitsu Research Institute in Tokyo.

“With the boom in the construction sector ahead of the 2020 Tokyo Olympic Games, companies are becoming desperate,” he said. “They are finding it very hard to fulfil their current project requirements and they are refusing to take on new projects.

“But in truth, Japan has no choice but to open up to foreign workers,” Schulz said. “Even with more automation and robots, there are simply not enough people.”

Yet there has been significant resistance among those who fear their jobs will be taken by foreigners who will work longer hours for lower wages, those who say outsiders will cause problems because they will be unable to assimilate into Japanese society or struggle with the language barrier.

The concerns about foreigners settling in Japan cut both ways, however.

Very often, according to French expat Eric Fior, it’s the relatively minor but persistent incidents of discrimination in Japan that get under his skin. Such as the time it snowed heavily one winter and the janitor of the building in Yokohama where he had his office shovelled the snow away from every door in the building. Except his.

Or the time he confirmed with the management of the property that he could have some flower boxes outside his office door, just like the other tenants, and he was given permission to do so. Three days after he positioned the flower boxes, the nearby tap he used to water them was disconnected.

He asked the janitor where it had gone and got a shrug in reply. As the man turned away, Fior could see the tap in his pocket.

“What can you do?” said Fior, 47. “Japan is such a polite country on the surface and everyone smiles and bows, but there are a lot of times when you get the sense that not far below the surface is the wish that us foreigners were just not here.

“But there really is little point in confronting them as nothing will get done and we just end up with the reputation of ‘foreigners who cause problems’,” he shrugged.

Reports of discrimination against the foreign community in Japan are countless and varied – from landlords who refuse to rent to non-Japanese for no apparent reason other than their nationality, commuters who refuse to sit next to a foreigner on a packed train or signs at the entrances to bars or restaurants baldly stating “No foreigners” – but a new study indicates the scale of the problem.

Conducted by the Anti-Racism Information Centre, a group set up by activists and scholars, 167 of the 340 foreign nationals who took part in the study said they had experienced discriminatory treatment at the hands of Japanese.

Replying to the study, a foreign part-time shop employee recalled a Japanese customer who did not like seeing foreigners working as cashiers, refused to be served by them and demanded Japanese staff. Another response to the study noted the case of a Chinese employee of a 24-hour store who was reprimanded after speaking with a Chinese customer in Chinese and ordered to only speak in Japanese.

Others reported being refused rental accommodation or denied access to shops.

Activists point out, however, that the Japanese government’s new regulations that relax visa requirements for workers from abroad mean that there will soon be tens of thousands of additional foreigners living in Japanese communities.

“It’s a net positive that Japan is bringing over more people, since that may help normalise the fact that non-Japanese are contributing to Japanese society,” said Debito Arudou, author of Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.

“But it is disappointing that Japan still is not doing the groundwork necessary to make these newcomers want to stay and contribute permanently,” he said. “The new visa regime still treats these non-Japanese entrants as ‘revolving-door’ workers, with no clear path to permanent residency or citizenship.

“And – as the surveys seem to indicate – one fundamental flaw in these plans is that non-Japanese are insufficiently protected from the bigotry found in all societies,” Arudou said.

“Japan still has no national law against racial discrimination, remaining the only major industrialised society without one. Even government mechanisms ostensibly charged with redressing discrimination have no enforcement power.”

Tokyo needs to pass the laws that make racial discrimination illegal, empower oversight organisations and create an actual immigration policy instead of a “stop-gap labour shortage visa regime”, he said.

“At the very least, tell the public that non-Japanese workers are workers like everyone else, filling a valuable role, contributing to Japanese society and are residents, taxpayers, neighbours and potential future Japanese citizens,” he added.

Discrimination is arguably felt more by people from other Asian nations than Westerners, while even Japanese women are often described as second-class citizens purely as a result of their gender.

“I first came to Japan in the 1970s to attend university and, being from a third-world country, the Philippines, I encountered a few obstacles when I was looking for apartments,” said Joy Saison, who today has her own business and is a consultant to a French start-up company.

“Despite fulfilling the requirements for a Japanese guarantor and having bank statements, there were many occasions when I was refused,” she said. “Back then, going to an ‘onsen’ or restaurant with ‘gaijin’ friends was a pain, too. If none of us looked Japanese enough, we were refused entry right at the door.”

But Saison has a theory about racism in Japan.

“Japan has always been a homogenous society and so the default mindset here is that anything alien to them gets scrutinised and is not trusted,” she said. “But having a win-win attitude will get you on their good side.”
ENDS

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

Posted on April 24, 2019April 25, 2019 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted on April 17, 2019April 17, 2019 by Debito Arudou, Ph.D.

mytest

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

JUST BE CAUSE

ISSUES | JUST BE CAUSE

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

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

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

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

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

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

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

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

Posted on April 4, 2019April 4, 2019 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Source: Nikkan Sports via My Game News Flash

ENDS
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Nikkan Sports original article, courtesy of AnonymousOG：

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

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

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

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

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

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

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

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

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

Posted on February 18, 2019 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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