Mainichi: Japan, US academics demand NHK explain offensive BLM anime. And how about all the others (including NHK) in the past?

mytest

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Hi Blog.  Japanese TV has once again put their foot in it for racist stereotyping.  We’ve already covered here on Debito.org:

Now we see NHK (“the BBC of Japan“) commenting on Black Lives Matter in perhaps the most insensitive way possible. Submitter JK comments, then I comment:

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JK:  Hi Debito.  Looks like NHK is actually getting heat for their understanding (or lack thereof) of the world now:

Japan, US academics demand NHK explain editorial choices behind offensive BLM anime
https://mainichi.jp/english/articles/20200613/p2a/00m/0na/011000c

June 13, 2020 (Mainichi Japan) Japanese version follows.

PHOTO CAPTION: An NHK animated explainer on Black Lives Matter protests in the U.S. which was widely condemned as racist and subsequently removed by the broadcaster, is seen in this screen capture. (Mainichi)

With translation:

TOKYO — Academics in Japan and the United States submitted a letter to NHK on June 12 demanding the Japanese public broadcaster clarify why it broadcast an anime explainer of Black Lives Matter protests that was subsequently condemned as racist, and that it also outline its views on the matter and possible preventive measures.

【Related】Japan’s NHK apologizes for clip on US BLM protests after racism accusations
【Related】Black Lives Matter goes mainstream after Floyd’s death
【Related】Tennis star Naomi Osaka all-in on Black Lives Matter movement: Reuters

In their five-page letter to the NHK, the experts in U.S. studies describe the video as “including content that cannot be overlooked.” Among its 13 signatories are professor Fumiko Sakashita of Ritsumeikan University in Tokyo and professor Yasumasa Fujinaga of Japan Women’s University, also in the capital. The letter is addressed to the NHK president, as well as the heads of the international news division and the News Department. The writers say they will recruit supporters in both the U.S. and Japan.

The around 1-minute-20-second animated video that the letter discusses was originally shown on NHK news program “Kore de Wakatta! Sekai no Ima” (Now I Understand! The World Now) and shared on the broadcaster’s official Twitter account on June 7. It was intended as an explanation for the demonstrations that began in the U.S. after George Floyd, a black man, was killed by a white police officer kneeling on his neck. It features a muscular, vested black man shouting about economic inequality in the U.S., and makes no reference to the death of George Floyd at the hands of police.

The letter to NHK described the depiction of the man as stereotypical, saying, “He is given an excessively muscular appearance, and speaks in an emphatically coarse and violent way.” It added that in the U.S., “This stereotype has a history of being used to legitimize lynching of black people and the loss of their lives from police brutality.”

It also criticized the program itself for suggesting that one cause of violence by police toward black people is “a fear of black people,” and for offering a “completely insufficient” explanation of issues around “the historic background of police brutality, from slavery to the modern prison industrial complex.”

It then mentioned that by the time the NHK show was aired on June 7, rioting and looting had already waned, and that the mostly peaceful protests were also being joined by many white people. Referring to this, the writers said the content of both the program and the animated explainer were “not an accurate reflection of the current state of protests.”

The letter also says the program didn’t give enough consideration to anger toward systemic racism as one of the causes of the protests. It also puts forward questions as to why the content wasn’t checked internally and corrected.

On June 9, NHK apologized for the video, saying, “There was not enough consideration made at broadcast, and we apologize to those who have been offended by it.” The program was removed from its online streaming services, and the tweet sharing the video also deleted.

Regarding its response, the letter says NHK has not clearly elucidated what was problematic about the program, and criticized the broadcaster strongly for “trivializing the matter as a case of viewer interpretation.” It went on to ask that NHK clarify both its understanding on the issue and the events that led to the problematic content being broadcast and tweeted.

(Japanese original by Sumire Kunieda, Integrated Digital News Center)

黒人差別の解説動画「看過できない内容」 NHKに米国研究の学者らが検証求め る要望書
https://mainichi.jp/articles/20200612/k00/00m/040/247000c

黒人差別の解説動画「看過できない内容」 NHKに米国研究の学者らが検証求める要望書

NHKがニュース番組「これでわかった!世界のいま」などで発信した米国の抗議デモに関する解説について、日米の米国研究者が12日、「看過できない内容が含まれている」として、問題認識や経緯、再発防止策を明らかにするよう求める要望書をNHKに送付した。【國枝すみれ/統合デジタル取材センター】

要望書は全5ページ。坂下史子・立命館大教授や藤永康政・日本女子大教授ら日米の大学に所属する研究者13人が呼びかけ人となり、NHKの会長、国際部部長、報道局長宛てに送付した。今後、日米で賛同者を募るという。

要望書が問題としたのは、白人警官による黒人男性暴行死事件への米国の抗議デモについてNHKが解説した6月7日の放送内容と、公式ツイッターの発信内容。番組は、デモの背景を解説するアニメ動画を放映し、ツイッターにも同じ動画を投稿していた。

要望書はこの動画について、黒人が「過度に筋肉質な外見で、乱暴で粗野な言葉づかいが強調された男性」というステレオタイプで描かれているとし、米国では「これ…

(rest behind paywall).

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NHK responded (full text available here in Japanese and here in Tokyo Weekender translation):

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

“We at NHK would like to sincerely apologize for a computer animation clip posted on our Twitter account. The clip was part of a segment in the program “Kore-de-wakatta Sekai-no-ima” broadcast on Sunday, June 7th. The 26-minute segment reported that the protests in the US were triggered by the death of George Floyd after he was pinned to the ground by a white police officer. It also reported the background on how many people are angered by the case, handling of the matter by the Trump administration and criticism against it, as well as division in American society. The one-minute-21-second clip aimed to show the hardships, such as economic disparity, that many African Americans in the US suffer. However, we have decided to take the clip offline after receiving criticism from viewers that it did not correctly express the realities of the problem. We regret lacking proper consideration in carrying the clip, and apologize to everyone who was offended.” 

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DEBITO COMMENTS:  Apology not accepted.  As I said, this is well within history and character for Japanese media, and the fact that it appeared on NHK (on a children’s program, no less) makes it all the more mainstream.  It’s not even Embedded Racism.

I will note that the people that produced this anime are the same ones (in terms of inflammatory style, caricature, and even voice talent) that produced the racialized imagery used in landmark TV show “Koko Ga Hen Da Yo Nihonjin” some decades ago (which we also appeared in during the Otaru Onsens Case).  Witness this segment from February 28, 2001.

So in my view, for all NHK’s claims that it “lacked proper consideration”, I call BS.  They knew full well what these subcontracted segments are like.  That’s what that subcontractor has done for years.  They just expected that this would be for “domestic consumption only” and the Gaijin wouldn’t see it (because after all, “foreigners” don’t watch Japanese TV because Japanese is too hard a language for them to understand).  That’s also BS.  NHK (not to mention most of Japan’s other media) still hasn’t learned their lesson after all these decades.  Debito Arudou, Ph.D.
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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”.

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:

 

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)”

 

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:

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

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

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

mytest

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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

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

mytest

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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

 

======================
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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)

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
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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

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

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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

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:

  1. Media quoting the proponents of the exclusionary status quo at length, less so the arguments of the critics;
  2. 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;
  3. Media portraying the critics as “Japan bashers,” “Japan haters”, and generally “anti-Japan.”  Moreover, since foreigners were involved in the issue:
  4. 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

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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

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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.

justbecauseicon.jpg

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

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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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stephen Givens is a corporate lawyer based in Tokyo.

ENDS

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

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My Shingetsu News Agency Visible Minorities col 3: “Racial Profiling at Japanese Hotel Check-Ins”, October 23, 2019 (full text)

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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

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

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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Reuters: Japanese police urged to take “light-touch” towards NJ during Japan 2019 Rugby World Cup. Yeah, sure.

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Hi Blog.  It turns out Japan has earned a reputation from past experiences hosting international events.

The racism-riddled debacles that were the soccer World Cup 2002 and the G8 Summits (here and here) made me question whether Japan as a society (let alone its politicians and police) was mature enough to handle any temporary influx of NJ, let alone as visa-legal NJ workers and residents of Japan.

But it seems it wasn’t just me. Some months ago, the Rugby World Cup and staff from two embassies actually cautioned the Japanese police to ease up on their overzealousness towards NJ.  As previous blog entries have shown, it’s questionable whether they are actually doing that (as they are bending the law to encourage racial profiling at hotels etc.).

But the following article deserves to be recorded on Debito.org because it shows at least somebody out there is taking notice, despite all the official “omotenashi” wallpapering over Japan’s latent exclusionism that goes ignored, if not encouraged, by Japanese authorities.  I look forward to seeing what the International Olympic Committee has to say in Tokyo in a year.  Debito Arudou Ph.D.

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

Rugby – Japan police urged to take ‘light-touch’ approach at World Cup
REUTERS APRIL 18, 2019, By Jack Tarrant, courtesy of JDG
https://www.reuters.com/article/uk-rugby-union-worldcup-police-interview-idUKKCN1RV079

TOKYO (Reuters) – Japanese police have been encouraged to take a “light-touch approach” during the Rugby World Cup, with organisers telling Reuters they had visited host cities to emphasise that while fans will be boisterous they are unlikely to cause trouble.

More than 400,000 foreign fans are expected to descend on Japan for the Sept. 20 to Nov. 2 tournament and concerns have been raised that police might not have enough experience to deal with the influx.

Staff from two embassies have expressed concern to Reuters that police may overreact to perceived intimidation from fans.

Mick Wright, 2019 executive director for operations, said host cities had received briefings on what to expect and that organisers had downplayed concerns about unruly fans.

“We have been on a bit of a mission, we have had a roadshow going around all the cities talking about … rugby fans and what they expect from their behaviour,” Wright told Reuters.

Wright, who also works as a technical advisor to the International Olympic Committee, said host cities would be swamped by large numbers of fans drinking huge quantities of alcohol but that the mood would be a positive one.

“We have been explaining to all the cities that they better stock up on beer because we know from history that rugby fans will drink a lot,” he said.

“It is part and parcel of rugby’s ethos and culture.

“The way the fans behave, it might be loud and it might be raucous but it won’t be intimidating.

“With the police, I think we have been really successful in explaining to them that the light-touch approach is going to be better,” added Wright.

Yoshiya Takesako, Japan 2019 director of security, said the police had been told what to expect from fans and how to react.

“Rugby fans may seem scary but they are not,” said Takesako, who has been seconded from the Japanese police.

“This has been explained to the police so they have been educated that fans will drink a lot and may sing or be loud but it is not like they will hurt anybody.

“I have told the police forces many, many times to respond to fans in a reasonable way.”
ENDS

================================
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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?)

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Hi Blog. Check out this article that appeared recently in The Japan Times, courtesy of the wire services:

///////////////////////////////////////
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.
/////////////////////////////////////////

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!”

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

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

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

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

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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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Foreign Minister Kouno Taro asks world media to use Japanese ordering of names (Abe Shinzo, not Shinzo Abe) in overseas reportage. Actually, I agree.

mytest

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Hi Blog. Foreign Minister Kouno Taro (whom I have met, for the record, and can attest is one of the more liberal, open-minded people I’ve ever negotiated with in the LDP) came out last week to say that Japanese names should be rendered in Japanese order (last name, then first) in overseas media. This debate has gained significant traction in the past couple of weeks (not to mention quite a few scoffs). But I will defy the scoffs, make the case for why it matters, and why I agree with Kouno (after the WaPo article below):

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

Asia
Japan to the world: Call him Abe Shinzo, not Shinzo Abe
By Adam Taylor, The Washington Post, May 21, 2019
https://www.washingtonpost.com/world/2019/05/21/japan-english-speaking-world-call-him-abe-shinzo-not-shinzo-abe/

Ahead of a series of important international events in Japan, including a visit from President Trump this weekend, Japan’s foreign minister has said he will issued a request to foreign media: Call our prime minister Abe Shinzo, not Shinzo Abe.

“The new Reiwa era was ushered in, and we are hosting the Group of 20 summit. As many news organizations write Chinese President Xi Jinping and South Korean President Moon Jae-in, it is desirable for Prime Minister Shinzo Abe’s name to be written in a similar manner,” said foreign minister Taro Kono at a news conference Tuesday, according to the Mainichi Shimbun.

Or perhaps we should say, Kono Taro said that? Kono is the foreign minister’s family name, just as Abe is the Japanese prime minister’s family name. The Japanese diplomat says the family name should be first when referred to in English, as it is when it is written or spoken in Japanese.

Chinese and Korean names have their family names first in English — for example, in the cases of Xi and Moon, as Kono noted.

The convention for English-language transliterations of Japanese names, however, has long put the family name second. The custom is believed to date back to the 19th century, during a period when the Meiji dynasty reformed Japan’s complicated naming culture — and encouraged both foreigners and Japanese people themselves to write their family name second when writing in English, part of a broader attempt to conform to international standards.

But this system has long been used inconsistently. As far back as 1986, the government-funded Japan Foundation had decided to use the family-name-first format in its English-language publications and historical works or academic papers often did too.

In his remarks Tuesday, Kono referred to a 2000 report by the education ministry’s National Language Council that had recommended the use of the Japanese format. That report did not change things at the time, but as the foreign minister noted, it is now a new era.

The arrival of a new emperor has resulted in a new era, named “Reiwa” for two characters that symbolize auspiciousness and harmony. Japan is hosting a number of major events at the start of this period, including the G-20 summit of world leaders next month and the 2020 Summer Olympics.

Trump is arriving in Japan on Saturday for a state visit, where he will be the first foreign leader to meet with Japan’s new Emperor Naruhito. The U.S. leader has formed an unusually close bond to Abe — even referring to him as “Prime Minister Shinzo” in 2017.

It is unclear whether the U.S. government will conform to Kono’s request. It also remains unclear whether the entire Japanese government is behind the idea.

Last month, Kono told a parliamentary committee on diplomacy and defense that he writes his name in the Japanese order on his English-language business card, and that this issue should be discussed by the government as a whole.

But Japan Sports Agency Commissioner Daichi Suzuki has said the public should be consulted before the move.

“We should be deciding after spending some more time examining how discussions among the public are,” Suzuki said, according to the Mainichi Shimbun.
ENDS

=====================================
Japan Times article covering similar content (including some silly comments) at https://www.japantimes.co.jp/news/2019/05/22/national/politics-diplomacy/foreign-minister-taro-kono-ask-media-switch-order-japanese-names/

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

COMMENT FROM DEBITO:

  • Why does this debate matter?

Let’s start off by articulating the obvious: Names matter. And the public depiction of names is fundamental to any sense of identity.

There is no greater instant essence to a person’s public identity than a name. Both as a gift from others (e.g., “family name”) and as a name you can select for yourself (e.g., if you don’t like the first name you were given, you can even choose your own nickname and insist it catch on).

I know this personally because I have had several name changes in my life, both through adoption as child and naturalization into another society.  And through those experiences I’ve realized that names are something you should be allowed to control.

What name I had at whatever stage in my life profoundly shaped how I was treated by others — from being respected as a distinct human being (e.g., I get significantly more respect and cooperation from bureaucrats for having a kanji name than a katakana name), to being an object of mockery and even racialized scorn. (Enough online trolls had virtual hernias for my audacity to insist I be rendered as ARUDOU, Debito — because, how dare I?  What do I think I am, Japanese?!?)

Because you can’t please everybody (and when it’s a matter of your own name, you’re the only person you should have to please), choose the outcome you’re more comfortable with.  Which means:  if you don’t like to be called something, then demand something different. And hold fast to what you want, no matter what people say.

Case in point:  North Korea (for want of a better example) has done this successfully.  In contrast to how Japan renders Chinese leaders’ names (Deng Xiaoping is “Tou Shouhei” due to Japanized “Chinese readings” (on-yomi) of the Chinese kanji), Japan’s media and government officially calls Kim Il-Sung et al. “Kimu Iru-Son” in katakana as per Korean readings, not “Kin Nissei” as per on-yomi.  Because that is the rendering the DPRK demanded until it stuck.  Similarly, as Foreign Minister representing Japan, Kouno Taro is within his mandate to demand a Japanized rendering.

  • Now, does this order of names matter?

Yes. It goes beyond the confusion of not being to tell “Which name is the surname?” when names don’t match what other societies are accustomed to.

It’s a matter of being consistent.

Western media already renders Chinese and Korean names in the native order (Last name, then first, as in Xi Jinping and Kim Jong-Un). Eventually overseas readers adjusted.  They’ve even cottoned on to changes in rendering, regardless of order: Mao Zedong has also been called Mao Tse-tung, and the sky hasn’t fallen.

Moreover, there’s some responsibility on the part of the reader in the foreign language to adjust.  For example, when Westerners make gaffes (such as hayseed US Senator Jesse Helms repeatedly referring to Kim Jong-il as “Kim Jong The Second”), the fault generally falls on the uninformed commentator, not on the fact it was rendered in “East-Asian-style”.  It’s called becoming more informed about the outside world.

There’s another reason I’ve long supported the Japanese rendering of surname first in overseas media, and not only because it’s accurate.  (After all, Western academia has already long rendered Japanese names as surname first, because international studies by definition requires study.)  It’s also because the present system of surname last in overseas media is in fact built upon a flawed, racialized premise.

Think about it.  Why does Japan get different treatment from other Asian countries with the same system?

Because, as the WaPo article above alludes, the names were switched to “Western order” because of an artificial push (demanded, again, until it stuck) to make Japan appear more “Western”, an “Honorary White” status in Asia.  This was part of a larger historical pattern of Japan trying to present itself as non-Asian, pro-Western, and “modern”.  Even if subconsciously, Kouno Taro is trying to redress this misleading 19th-Century concept of “modernism by pandering to Western styles”.

Conversely, it’s also annoying to have to deal with the phenomenon of assuming “Western order” for “Western contexts”:  people in Japan assuming that “foreign names must also go in Western order in Japanese”, not to mention the “we must deal with foreigners on a first-hame basis” (calling somebody Jon-san instead of Sumisu-san — if you’re lucky enough to get even the damned –san attached).  Having this mixed-up system just encourages people to further alienate each other.

This brings me to something that further thickens the debate:

  • Caveats

The primary assumption behind all of this is mutual respect and reciprocity, i.e., “We’ll respect your styles if you respect ours.  However, as pointed out on Debito.org for many years, Japan has not been respectful of the rendering of foreign names within its own registry systems.

As long-time resident Kirk Masden in Kumamoto pointed out on Facebook:

===========================
https://www.facebook.com/Kumamotoi/photos/a.129499733790134/2639886286084787/?type=3&theater

Hi! Masden Kirk Steward here with some thoughts on the cultural integrity of names.

As you can see from the images of my Japanese IDs, the Japanese government has determined that the correct, official way to write our names is in Japanese order (family name followed by given names), without a comma to show a change in order. I have been told that I must “sign” my name in this order, in English, in order to complete a cell phone agreement. I protested but ultimately complied because I wanted the phone.

As you can imagine, I felt a bit irritated but had forgotten about the issue until I saw today’s news:

Kono to ask foreign media to switch order of Japanese names
https://japantoday.com/category/politics/foreign-minister-to-ask-media-to-switch-order-of-japanese-names

“As an example, Kono said that Prime Minister Shinzo Abe’s name should be written as ‘Abe Shinzo,’ in line with other Asian leaders such as Chinese President Xi Jinping and South Korean President Moon Jae In.”

As one who would like have the cultural integrity of my own name respected, I’m sympathetic to this position. OK, Mr. Kono, have it your way. But first, please do the following:

* Formally sign your request 太郎河野 in Japanese — the cultural equivalent of what Japanese policy has forced me to do
* Apologize, on behalf of the Japanese government, for not respecting the cultural integrity of non-Japanese names
* Make an adjustment to current practice

If for example, individuals could choose to place a comma after a family name on an ID, that would be an improvement in my view. Or, IDs could have separate boxes for “Family name” and “Given names”. It would also be nice to publish something on an official Japanese website about not forcing people to sign names in the order they appear on a Japanese ID.

Yours truly, Masden Kirk Steward — NOT!!!

P.S. One more point: The Japanese government forces us to opt in if we want our names written In Japanese. That may be OK but after going to the trouble of opting in once, I forgot to opt in again when I got my next card — even though the new card was a new version of the old card and I was required to submit the old one at the same time I submitted the new one. So, now I have no official indication of how to write my name in Japanese — which I had specifically requested earlier. 🙁 End of rant

P.P.S. I would just like cultural and linguistic integrity of non-Japanese names to get a little more respect and understanding. Pretty much the same thing that Kono is asking for. The gap between “This is Japan and we will mangle your names as we see fit” on the one hand and “Respect Japanese culture and present our names in the correct order” on the other bugs me.

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

DEBITO:  This is before, of course, we get to how names of children of international marriages get rendered, where the koseki has no extra slot for a middle name, meaning the first and last names can get mashed together into an unwieldy polyglot. As Facebook commenter ID pointed out:

===========================
ID: I’m with Kirk. When I went to register my daughter at the city office, they tried to tell me that her name couldn’t be Christine. She could be “Kurisuten” or “Kurisucheen”. He didn’t get long shrift… A friend of mine has a son whom they insisted was called “Ando-ryu”.

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

To which Kirk answered:

===========================
Masden Kirk Steward:  In my case, the disagreement was with the people who had the power to approve or disapprove how their names would be listed on their Japanese passports. With our son, whose name in English is Leon and 理恩 in Japanese, the spelling “Leon” was approved. Reason: They determine from looking at the names that “Leon” had come first and that “理恩” was ateji. With our daughter whose name in English is Mia and 美弥 in Japanese, the spelling “Mia” was not approved — it had to be Miya. Reason: They determined (in their infinite wisdom) that we had started 美弥 (a “real” Japanese name) and therefore a “deviant” spelling could not be approved — even though her U.S. passport is “Mia.” The best we could do was to get them to add “(Mia)” in parentheses.

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

DEBITO:  Ditto on my account.  I’ve had two passport renewals (and a Japan Times column) haggling over whether I could spell my own name Arudou or ArudoH (Hepburn Style, which MOFA, in their infinite wisdom, requires, even if that means names like Honma and Monma being spelled misleadingly as “Homma”and “Momma”).

So point taken.  Let’s have rendering conventions respect the original renderings of names as accurately as possible in the target language.  And let’s have some reciprocity when it comes to allowing individuals to control their identities through their names.

Opening the floor now to discussion…

David Christopher Schofill / Aldwinckle / Sugawara Arudoudebito / ARUDOU, Debito / Debito Arudou Ph.D.

Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.

mytest

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Hi Blog.  My old friend Fox in Japan writes in with a tale of being, as he puts it, “interrogated” at the bank for trying to send $500 overseas while foreign.  And if you think the claim “while foreign” is a bit of an exaggeration, Debito.org has numerous records of racial profiling by Japanese banks for sending or receiving funds (or exchanging money) of even minuscule amounts (such as 500 yen).

New regulations, however, require a “risk-based approach” (which is, according to the Nikkei, recommended but not required), meaning the scale of “risk” depends on how much money the sender/receiver has in that bank.  Or as the Nikkei puts it, “Consider a customer with a direct payroll deposit of 300,000 yen ($2,660) a month who receives 200 million yen from an overseas bank. The government would require that the bank not only follow up confirming the identity of the person withdrawing the funds, but also check the deposit history and what the cash will be used for.”  Meaning that this is no longer a matter of transfer amount — i.e., a large transfer of 5,000,000 yen (later 2,000,000 yen) used to raise flags while smaller transfers didn’t.  (Japan’s FSA Guidelines of 2018 mention no money amount whatsoever.)

The problem now becomes, without an objective minimum transfer amount to be flagged, that any “foreigner” can be arbitrarily deemed “risky” at any time simply by dint.  It encourages racial profiling even further, in addition to what you already have at Japan’s hotels and other public accommodation, police instant ID checkpoints, and tax agencies.  (See here too).  More Embedded Racism.  Debito Arudou Ph.D.

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

Interrogation at the Bank
By Fox in Japan, March 14, 2019

Dropped into Sumitomo Prestia in Kobe to send a telegraphic transfer to a friend in Africa. Completed the form two days ago, but the IBAN number was incorrect. Brought the corrected form in today. Under the category of “purpose,” I have written in “education fees.” The amount is $500. The following dialogue ensued. We are speaking in Japanese.

T= teller
M=me

T: So this if for “gakuhi” (tuition)?
M: Yes.
T: And who is the person receiving the transfer?
M: A friend.
T: Is this money for your own child’s education expenses?
M: No.
T: Who is it for?
M: My friend’s child.

The bank teller’s face becomes pained. This the stereotypical expression indicating that a request will be rejected. My blood slowly starts to boil.

T: Have you ever sent money to this person before?
M: Yes, during the days of Citibank.

(Note: Prestia took over Citibank some years ago).

T: Well, things have changed since then.

M: Is that right?

T: Hmm, so you are not sending this for your own child?
M: No.

T: Well, what is your relationship with this person.
M: He is a friend.

(More pained looks)

T: So, you are sending this to someone you know?

M: Yes, that’s what I just told you.

T: Is this a gift?
M: It might be.

T: Well, is it, or is it not?

M: What is the purpose of the question?

T: We have strict rules now about money being sent overseas.

M: Look, this is only $500, not five hundred man ($45,000). Listen. (My voice rises to crescendo, and the bank is extraordinarily quiet.) I was in your Osaka branch two days ago and they did not ask me any of these questions.

T: They didn’t?

M: No. I am not going to answer any more questions. Please call the branch manager!

A woman who has overheard this heated exchange conversation sneaks out of the office and the two begin to chat.

T: Please be seated.

The women exchange words and the original teller is on the phone.

Some ten minutes later, I am called back to the counter.

T: We just phoned the Osaka branch and they admit that they did not question the purpose of the transaction.

M: Is that right? (Ah soo desu ka)

T: The branch in Osaka said that you looked up some information on your computer when at the counter.

M: Uh-huh.

T: Well, we have very stringent rules now. If it is not for your own child, then….do you have an invoice “seikyusho” for the school expenses?

M: I certainly do not.

T: For your own children, sending money is OK, but for other’s children, it is …

M: Should I change the purpose to “living expenses then?”

(Note- I have frequently sent money overseas for this purpose-without any hassle.)

The teller looks bewildered.

T: Is it for living expenses, you said it was for educational expenses.

M: Yeah, that’s right.
~~~~~~~~~~~~~~~~~~~

In the end I succeeded and the money was sent.

I looked around at other customers in the bank, all Japanese, all of whom look very sunao. I wonder how they would react to the teller’s questions? Would they just say “shigata ga nai,” and walk away? And then forget that a bright young promising social science student in Malawi will soon be tossed out of college?

On the other hand, who knows if Japanese countrymen are even being interrogated like this? Has a directive been issued to hassle foreigners-all of whom are likely prone to money laundering?

But in fact, harassment it is. Financial transactions, both local and international, are regulated by strict laws. Not policies, but laws. My transaction was completed, and this means that it was perfectly legal. Apparently, Prestia has a policy of harassing customers (certainly foreign customers) who wish to send even even low amounts of money overseas.

Are all foreign clients of the bank potential money launderers? I urge all good people to stand up and question authority.  

Sincerely, Fox in Japan

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

The referenced Nikkei articles, for the record:

BANKING & FINANCE
Japan to strengthen money-laundering guidelines
Banks adopting a risk-based approach to flag suspicious actions
NIKKEI ASIAN REVIEW, DECEMBER 08, 2017
https://asia.nikkei.com/Business/Banking-Finance/Japan-to-strengthen-money-laundering-guidelines

TOKYO — Japan will issue new guidelines against money laundering in an effort to prevent funds from getting into the hands of terrorist and criminal organizations and to shake its reputation as weak on dirty money.

The Financial Services Agency is expected to announce the rules soon and implement them as early as January. Currently, Japan’s law preventing the transfer of criminal proceeds only says that suspicious transactions should be reported to authorities after the fact. Risk-based approaches are recommended but not required.

But the agency will now demand that financial institutions use a risk-based approach. Consider a customer with a direct payroll deposit of 300,000 yen ($2,660) a month who receives 200 million yen from an overseas bank. The government would require that the bank not only follow up confirming the identity of the person withdrawing the funds, but also check the deposit history and what the cash will be used for.

Although it is difficult to tell whether an account is related to criminal activity when first opened, this proactive approach identifies high-risk transactions early so that they can be continuously monitored.

The agency will verify that financial institutions are following the guidelines through questioning and on-site inspections. It will also order operational improvements to be made if it catches lax compliance that could invite money laundering.

The Financial Action Task Force, an intergovernmental body that combats money laundering, plans to examine Japan’s financial sector in 2019, the year before the Tokyo Olympics. Public and private institutions are cooperating to strengthen their prevention systems.
ENDS

////////////////////////////////////
ECONOMY
Japan’s FSA beefs up anti-money laundering measures
Financial regulator highlights steps taken ahead of visit by international watchdog
TAKERO MINAMI, Nikkei staff writer
NIKKEI ASIAN REVIEW, SEPTEMBER 28, 2018
https://asia.nikkei.com/Economy/Japan-s-FSA-beefs-up-anti-money-laundering-measures

TOKYO — The Financial Services Agency has made anti-money laundering measures a top priority in its annual policy report as it braces for inspections by an intergovernmental watchdog next spring.

The latest guidelines, which outline steps the regulator is taking over the next 12 months, highlight measures against money laundering and terrorism funding, including on-site inspections of financial institutions.

The Financial Action Task Force has previously criticized Japan for insufficient legal safeguards against money laundering. The government hopes to clean up its tarnished image, particularly as it will host the Group of 20 summit next year.

Financial authorities around the world are taking steps to prevent countries under United Nations sanctions, such as North Korea, from conducting prohibited transactions. Japan wants to avoid becoming a target for international criticism again.

The report urges financial institutions to take steps to halt money laundering, requiring them to identify and analyze the risks associated with certain types of transactions, such as the stated purpose of cross-border cash transfers, customer attributes and countries of origin or destination.

In February, the FSA issued anti-money laundering guidelines and directed smaller financial institutions such as regional banks and shinkin banks to conduct emergency inspections. To close the loopholes on overseas remittances, the policy requires institutions to come up with plans to train staff.

“Our inspections have shown that many financial institutions still fall short of requirements,” said an FSA official. “Stopgap measures will not be enough, and regional banks should put anti-money laundering measures at the top of their agenda,” said another senior FSA official.

Japan is not the only country to have run into problems over money laundering. Danske Bank, Denmark’s largest bank, faces allegations that its Estonian unit illegally remitted as much as $230 billion, forcing CEO Thomas Borgen to resign.
ENDS

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

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

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

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

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

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

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

10) Fourth-Generation Japanese Brazilians snub new visa program

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6) Immigration Bureau to be upgraded into Immigration Agency.

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

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

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

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

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

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

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

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

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

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

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

On the positive side, however:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2) Carlos Ghosn’s arrest.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ENDS

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

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

Begin forwarded message:

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

Hi Debito,

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

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

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

Please let us know if you have any questions.

Best, [HT], Pew Research Center

ENDS

=================================
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“Nippon Claimed” multiethnic tennis star Osaka Naomi gets “whitewashed” by her sponsor. Without consulting her. Compare with singer Crystal Kay.

mytest

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Hi Blog. Multiethnic tennis star Osaka Naomi, whom we’ve talked about on Debito.org before in the context of Japan’s “Nippon Claiming” (where a mudblood is “claimed” to be a “Japanese”, full stop, as long as she’s at the top of her game; otherwise her mixed-ethnicity becomes a millstone), has now been claimed to the point of “whitewashing”. Yes, her Haitian-American heritage has been washed away in the Japanese media. By one of her main sponsors, no less.  And they did it without clearing it with her first.

Witness these articles, sent in by many people (h/t to JK in particular):

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

Ad Showing Naomi Osaka With Light Skin Prompts Backlash and an Apology
The New York Times, Jan 22, 2019
https://www.nytimes.com/2019/01/22/world/asia/naomi-osaka-anime-ad.html?smtyp=cur&smid=tw-nytimesworld

Naomi Osaka, the half-Haitian, half-Japanese tennis champion, is the star of a new Japanese anime-style advertisement.

The problem? The cartoon Ms. Osaka bears little resemblance to her real, biracial self.

Her skin was unmistakably lightened, and her hair style changed — a depiction that has prompted criticism in Japan, where she has challenged a longstanding sense of cultural and racial homogeneity.

The ad — unveiled this month by Nissin, one of the world’s largest instant-noodle brands — features Ms. Osaka and Kei Nishikori, Japan’s top-ranked male tennis player, in a cartoon drawn by Takeshi Konomi, a well-known manga artist whose series “The Prince of Tennis” is popular in Japan.

Mr. Konomi and Ms. Osaka, who faces Elina Svitolina in an Australian Open quarterfinal match on Wednesday, have not publicly commented on the reactions to the ad.

But a Nissin spokesman apologized in an email on Tuesday for “the confusion and discomfort.”

The spokesman, Daisuke Okabayashi, said that the characters had been developed in line with Mr. Konomi’s anime series and that the company had communicated with Ms. Osaka’s representatives.

“There is no intention of whitewashing,” he said. “We accept that we are not sensitive enough and will pay more attention to diversity issue in the future.”

After the ad was first published online, people on social media, including many fans of Ms. Osaka’s, said they were deeply disappointed.

Baye McNeil, an author who has lived in Japan for 15 years, said he didn’t understand why the ad would “erase her black features and project this image of pretty much the prototypical anime girl-next-door character.”

Ms. Osaka’s rise into a beloved national figure has been particularly exciting for biracial people in Japan, known as hafus, who have long battled for acceptance, he said.

“Making her look white just tells these people that what they are isn’t good enough,” Mr. McNeil said.
Ms. Osaka was born in Japan to a Haitian-American father and a Japanese mother, and moved to the United States when she was 3. Although she isn’t fluent in Japanese, often responding to questions from Japanese reporters in English, she has tweeted about her love of manga and Japanese movies.

Ranked fourth in the world at just 21, she’s already among Japan’s most accomplished tennis players ever. She became the first Japanese-born tennis player to win a Grand Slam singles championship in September when she defeated Serena Williams in the U.S. Open, a victory that supercharged her celebrity ascent.

That win prompted a cartoon in an Australian newspaper that was criticized for its depiction of Ms. Williams, which many saw as a racist caricature. While most of the condemnation focused on how the Australian cartoonist drew Ms. Williams, critics also noted that Ms. Osaka was depicted with blond hair and light skin.

Black characters aren’t frequently found in anime, but artists in the medium have successfully depicted their skin tones before.

“When there is a black character, it’s clearly a black character,” Mr. McNeil said.

The discussion of biracial identity in Japan got a boost in 2015 when Ariana Miyamoto, who is half-Japanese, half-African-American, won the Miss Universe Japan pageant. She used her fame to discuss the plight of “hafus,” but some in Japan were unwilling to accept her as a model of Japanese beauty.

In interviews, Ms. Osaka has embraced her multicultural background.

“Maybe it’s because they can’t really pinpoint what I am,” she said in 2016, “so it’s like anybody can cheer for me.”

ENDS
/////////////////////////////////////////////

Baye, mentioned above, commented as follows:

/////////////////////////////////////////////
Someone lost their noodle making this new Nissin ad featuring Naomi Osaka
BY BAYE MCNEIL
The Japan Times, JAN 19, 2019

This month, cup noodle maker Nissin served up its animated “Hungry to win” ad campaign, drawn by “Prince of Tennis” artist Takeshi Konomi and featuring actual tennis prince Kei Nishikori and our newest bona fide global star, Naomi Osaka.

I’d been anticipating Osaka’s appearance since it isn’t often that a high-profile woman of color is featured in a major Japanese ad campaign. So when I cued it up on YouTube I was truly disappointed to see that there was no woman of color to speak of in the commercial. Instead, I found a white-washed representation of Osaka that could’ve easily been based off a TV personality like Becky or Rola. Everything that distinguishes Osaka from your typical Japanese anime character was gone, and what was left? Your typical Japanese anime character.

Come on, Nissin. Was this a business decision? Did you have concerns that your customers might be forced to uncomfortably ponder issues of race or ethnicity while slurping down a bowl of U.F.O. Yakisoba?

Sure, anime fans aren’t used to seeing women of color in the genre so … a few shades lighter on the skin here … a debroadening of the nose there … the de-exoticization of her hair … and, voila! The perfectly palatable girl next door. Not for this fan, though. Osaka’s de-blackening is as problematic to me as a Bobby Riggs tirade against female tennis players…

Rest at https://www.japantimes.co.jp/community/2019/01/19/our-lives/someone-lost-noodle-making-new-nissin-ad-featuring-naomi-osaka/

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

Nissin apologizes for skin color of Osaka in ad
The Japan News/Jiji Press January 23, 2019
http://the-japan-news.com/news/article/0005497740

NEW YORK (Jiji Press) — Nissin Food Products Co. has apologized in an email for depicting the skin color of tennis player Naomi Osaka in an anime-style advertisement as lighter than her actual pigmentation, The New York Times reported Tuesday.

The online edition of the U.S. newspaper said that the ad depicting Osaka, born to a Haitian-American father and a Japanese mother, has been criticized in Japan for whitewashing.

“We accept that we are not sensitive enough,” a spokesman for the Nissin Foods Holdings Co. unit was quoted as saying.

The Osaka character used in the anime ad for the company’s Cup Noodles was designed by manga artist Takeshi Konomi, known for his comic series “The Prince of Tennis.”

The ad also features Japanese tennis player Kei Nishikori, who, like Osaka, is sponsored by Nissin.

The New York Times reported that the Osaka figure depicted in the ad “bears little resemblance to her real, biracial self,” adding, “Her skin was unmistakably lightened.”
ENDS

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

Sponsor of Naomi Osaka retracts ad videos over skin color dispute
January 24, 2019 (Mainichi Japan)
http://mainichi.jp/english/articles/20190124/p2g/00m/0bu/009000c

TOKYO (Kyodo) — A Japanese food company which is a sponsor of 2018 U.S. Open winner Naomi Osaka removed video advertisements from YouTube on Wednesday following a dispute over the skin color of a character featuring the tennis star.

Nissin Foods Holdings Co. created two pieces of animated video aimed at promoting its signature product Cup Noodle featuring characters of Osaka as well as Kei Nishikori, another Japanese tennis player the Tokyo company supports.

But Nissin chose to stop running them at the request of Osaka’s management agency in the United States following controversy in which some questioned Nissin’s creations, saying the color of Osaka’s character was lightened.

Nissin denied it had intended to make the skin color white and apologized for having caused confusion.

“We will be more mindful of the issue of diversity,” an official of the company said.

The dispute emerged as Osaka, a U.S.-based 21-year-old athlete whose father is Haitian and mother is Japanese, advanced to the semifinals of the Australian Open.

According to the official, Nissin consulted with the Japanese arm of Osaka’s agency in making the anime pieces but failed to communicate properly with its U.S. parent.
ENDS

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

COMMENT:  And, as the Guardian reported from an interview with Osaka:

Osaka:  “I don’t think they did it on purpose to be, like, whitewashing or anything, but I definitely think that the next time they try to portray me or something, I feel like they should talk to me about it.”

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

Not on purpose?  Really?  This was what I was alluding to back in my Japan Times column on this last year:

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

It is a well-established phenomenon that Japanese children overseas, if absent from Japanese primary or secondary schooling for even a short time, can face ethnic and cultural displacement when they return. There’s even a special word — kikoku-shijo — for “repatriated children.” And this crisis of identity happens even to native Japanese speakers.

Osaka is not. Nikkan Sports on Sept. 10 reported her language abilities to be what I call “kitchen Japanese,” i.e., “somewhat able to audibly understand, but speaking is not her thing” (nigate). Yes, the media has dutifully noted her love for Japanese anime, manga, unagi (eel) and sushi. But “liking things” does not make up for lacking an important skill set.

Even with a Japanese mother, without standalone abilities to communicate and control her own fate, Osaka will expend a lot of energy navigating adult Japanese society, with all of its tripwires of courtesy and protocol.

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

So, the Nissin ad is the first clear tripwire — she didn’t even get consulted on her own image.  And she got Whitewashed like a number of other celebrities in Japan of mixed heritage who can’t be accepted as “Japanese” unless they “look like Japanese”.

Consider what happened to singer Crystal Kay (who is Afro-Zainichi Korean, but it’s the same phenomenon).  Excerpted from a chapter I wrote for book The Melanin Millennium (2013):

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

A more subtle example of the marketing of skin color can be witnessed in the evolution of Japanese pop idol Crystal Kay (1986- ).  The child of an African-American military serviceman and a Japan special permanent resident (zainichi) South Korean mother, Kay was raised as an English-Japanese bilingual in Japan (Poole 2009).  Beginning her career from age thirteen, Kay as of this writing has released nine studio albums, with an appreciable lightening of her skin on her album covers as her popularity in Japan increased.  A sample from earliest to latest:

C.L.L. Crystal Lover Light (2000), her debut album.

Almost Seventeen (2002)

4Real (2003)

Natural (2003), despite the similarities, is a separate album from 4Realwith different tracks, remixes, and English covers.

Call me Miss… (2006)

All Yours (2007)

Color Change! (2008)

Spin the Music (2010)

Best of Crystal Kay (2009)

ONE (Single, from Color Change!, alternative Pokemon edition) (2008)

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

So, you think Ms. Osaka is going to be immune from this Whitewashing?  She already isn’t.  If she’s not happy about this sort of thing, she’s going to have to take active measures to prevent it.  Or not.  But the default visual standard of “Japaneseness” is already out there.  And it’s not (yet) her skin color.  Dr. Debito Arudou

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

mytest

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

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

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

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

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

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

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

That prompted a Cuban complaint.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

======================================
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Nikkei: Japanese-Brazilians snub Tokyo’s diaspora residency program, attracting exactly ZERO applications after starting 3 months ago

mytest

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Hi Blog.  Here’s the latest installment of what I like to call “the jig is up” phenomenon affecting Japan’s public policy, specifically the one that is trying to maintain Japan’s exploitative “revolving-door” NJ labor market.

The Nihon Keizai Shinbun has given us an inadvertently amusing article about how the government’s latest policy U-turn towards the Nikkei Brazilian Community (whom they officially bribed to leave Japan a decade ago), and how this wheeze simply isn’t working.  ZERO applicants applied for a special labor program in three months.  Even though the NJ resident population is at an all-time postwar high, some people have learned their lesson:  don’t come to Japan just to be exploited and then summarily sent home.  More comment from Debito.org Reader and Submitter Gulf below the article.  Dr. Debito Arudou

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

Japanese-Brazilians snub Tokyo’s diaspora residency program
Effort to bring over young workers attracts zero applications in 3 months
By NAOYUKI TOYAMA, Nikkei staff writer
October 25, 2018, Courtesy of Gulf
https://asia.nikkei.com/Politics/Japanese-Brazilians-snub-Tokyo-s-diaspora-residency-program

SAO PAULO — Japan’s new residency program for fourth-generation Japanese descendants living overseas did not attract a single Japanese-Brazilian applicant in its first three months.

The program, launched in July, allows descendants ranging in age from 18 to 30 to stay in Japan for up to five years and perform specific types of work. The goal is to ease Japan’s labor shortage, and the Justice Ministry initially expected to accept 4,000 people a year. But the Japanese Embassy and consulates in Brazil had not received any applications as of the end of September.

The South American country is home to the largest ethnic Japanese community abroad.

Potential applicants may be put off by the limited period of stay, as well as restrictions on bringing family members along and required certification of Japanese fluency.

The limitations contrast with the rights granted to second- and third-generation Japanese-Brazilians, who are free to live and work in Japan with residency status granted under a 1990 immigration law revision.

Japanese-Brazilian communities are dotted around Japan. Many residents work in the manufacturing sector. But their numbers are in decline: After surging from 170,000 in 1991 to a peak of 310,000 in 2007, the population dropped to 190,000 at the end of 2017 due to a sluggish economy and other domestic factors.

Despite the need for new sources of labor, Japan’s government has insisted participants in the program would not be considered immigrants. An organization representing Japanese descendants in Brazil blasted Japan for “treating Japanese-Brazilians, who are their compatriots, as unskilled workers for a limited period.”
ENDS

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

COMMENT FROM SUBMITTER GULF: I shouldn’t laugh, but in a way it’s a relief that there aren’t any takers. I have relatives in Brazil and I lived there when I was 5 and 6 years old. It’s actually the reason I came to know Japanese culture and decided to study the language.

To be fair I doubt there are many 4th generation Nikkeis that speak Japanese, if any. But of course the poor conditions on offer certainly aren’t an incentive to learn their ancestral language.

Thank you as always for your efforts and for keeping up the site as a 20+ year old archive on human rights in Japan. –Sincerely, GULF.

============================
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Trevor Noah controversy on French World Cup team: “Africa won the World Cup”. Debito.org disagrees with French Ambassador’s protest letter.

mytest

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Hi Blog. A recent storm in a teacup that happens to be germane to Debito.org is a recent “Behind the Scenes” vlog starring Trevor Noah, where he talks to his audience between takes of Comedy Central’s “The Daily Show”.

In a previous segment, he pointed out how the diverse French Soccer Team won the 2018 World Cup, what with a significant number of their players being of African origin.  But he summarized it as a joke:  “Africa won the World Cup!”  “Africa won the World Cup!”

This occasioned a letter of protest from Gerard Araud, Ambassador of France to the U.S., which Trevor read out to his studio audience. Here is the segment, followed by my commentary:

If you cannot watch the segment, it runs as follows:  First, Noah read the text of Araud’s letter (with a French accent, which was a bit corny, but that’s one of the licenses of a comedy show):

SIR– I watched with great attention your July 17 show when you spoke of the victory of the French team at the 2018 FIFA World Cup Russia Final which took place last Sunday. I heard your words about an “African” victory. Nothing could be less true.

(Interjected Noah: “I could have said they were Scandinavian. That would have been less true.”)

As many of the players have already stated themselves, their parents may have come from another country, but the great majority of them, all but two out of 23 were born in France. They were educated in France. They learned to play soccer in France. They are French citizens. They’re proud of their country, France. The rich and various backgrounds of these players are a reflection of France’s diversity.

(Interjected Noah: “I’m not trying to be an asshole, but I think it’s more a reflection of France’s colonialism.”)

France is indeed a cosmopolitan country. But every citizen is part of the French identity. Together they belong to the nation of France. Unlike in the United States of America, France does not refer to its citizens based on their race, religion, or origin. To us, there is no hyphenated identity. Roots are an individual reality. By calling them an African team, it seems like you’re denying their French-ness. This, even in jest, legitimizes the ideology which claims whiteness is the only definition of being French.”

There is one more paragraph to the letter, but that’s as far as Noah read.  Noah acknowledged how having dual identities is used against people to “other” them from other French. “In France, a lot of Nazis in that country use the fact that these players are of African descent to shit on their French-ness. They say, ‘You’re not French. You’re African. Go back to where you came from.’ They use that as a line of attack.”

But then he counterargued: “My opinion is, coming from South Africa, coming from Africa, and even watching the World Cup in the United States of America, black people all over the world were celebrating the African-ness of the French players. Not in a negative way, but in a positive way. They look at this Africans who CAN become French. It’s a celebration of that achievement.

“Now this is what I find weird in these arguments, when people say, ‘They’re not African. They’re French.’ And I’m like, ‘Why can’t they be both?’ Why is that duality only afforded a select group of people? Why can’t they not be African? What they’re arguing here is, ‘In order to be French, you have to erase everything that is African…?” So what are they saying when they say, ‘our culture’? So you cannot be French and African at the same time, which I vehemently disagree with… I love how African they are, and how French they are. I don’t take their French-ness away, but I also don’t think you have to take their their African-ness away.”

He concluded, “And that is what I love about America. America is not a perfect country, but what I love about this place is that people can still celebrate their identity in their American-ness. You can go to a St. Patrick’s Day Parade in America, celebrating that you are Irish. You can go to a Puerto Rican Day Parade in American and celebrate the fact that you are Puerto Rican and American at the same time. You can celebrate Juneteenth as a Black person and still go, ‘Yo, I’m AFRICAN-American,’ which is the duality of the two worlds.”

Noah cited the case of Mamoudou Gassama, a Malinese immigrant to France, who famously scaled a building to save a child that was dangling from a balcony, and used it to demonstrate how far immigrants have to go to “become French”. Gassama got to meet French President Emmanuel Macron, got French citizenship and a job.  Noah highlighted this dynamic in his own version of  the phenomenon of “They’ll claim us if we’re famous:”  “When they are unemployed, when they may commit a crime or when they are considered unsavory it’s the ‘African immigrant’. When their children go on to provide a World Cup victory for France, we should only refer to them as ‘France.’”

Noah reiterated that he will nonetheless celebrate his claim that “Africans” won the World Cup. “So, I will continue to praise them for being African because I believe that they are of Africa, their parents are from Africa and they can be French at the same time.  And if French people are saying they can’t be both, then I think that they have a problem and not me.”

@GeraldAraud responded on Twitter:

End of the argument with @Trevornoah He didn’t refer to a double identity. He said »they are African. They couldn’t get this suntan in the south of France ». i.e They can’t be French because they are black. The argument of the white supremacist. 6:02 AM – Jul 19, 2018

Which, as The Atlantic commented: “is a misreading of Noah’s argument, and of his original joke. It also cuts to the core of one of the biggest questions in Europe today: Who is allowed to define national identity — the state, or the citizens?”

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

COMMENT: Debito.org’s take on this is probably not hard to guess. We agree with Noah’s argument that hyphenated identities can, should, and in fact must exist.  Because a) hyphenated identities are a reality (people are diverse, and they shouldn’t have to suppress them for national goals of putative homogeneity); b) they are a personal choice, to include as one’s self-determined identity, and not the business of The State to police; and c) the alternative incurs too many abuses.

Here’s what I mean:  Legal statuses (such as French citizenship) are supposed to be something that one can earn unarbitrarily (i.e., with qualifications that apply to all applicants), and afterwards are enforced in a way that does not require one to subsume or sacrifice one’s identity in perpetuity as a “citizen-with-an-asterisk”, forever currying favor with a society’s dominant majority.  That is to say, currying favor with people who aren’t diverse themselves, and who often abuse identity politics to criticize diverse people as not being, say, “French” etc. enough.  A lack of hyphenation becomes a power game, and the immigrant who has to “hide” something is at a perpetual disadvantage, as a permanent part of her or him is effectively perceived as a negative thing.

This is something I have studied in other societies that do not accept hyphenated identities (such as Japan, where I am a naturalized citizen myself, and often accused of “not being Japanese enough” if I do anything that causes disagreement or debate — even though I am behaving just like some other “Japanese” would in the same situation). And it leads to the deracinated person expending a lifetime of energy dealing with microaggressions, and trying to please unempathetic others who never had to question, self-determine, or fight for their own identities. All of that is outlined in my book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination“. (More here.)

Returning to this debate:  The abovementioned Atlantic article gives the French side of this issue I think quite well (i.e., how it is “an affront to the French ideal that all citizens are equal in the eyes of the state”), for there will always be a tension within national goals for assimilating outsiders (melting pot? salad bowl? mosaic? kaleidoscope? or no immigration policy at all, as in Japan’s case?).

But I salute Trevor Noah for dealing with this issue in a thoughtful and measured manner, and for coming out on the side that, in the long run, works out much better for all involved. Dr. Debito Arudou

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

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Sapporo Consadole player and former England Team soccer striker Jay Bothroyd refused entry to Hokkaido Classic golf course for being “not Japanese”

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  Here is some foreshadowing.  Famous football player Jay Bothroyd, who played for the English national team, and now plays for Sapporo Consadole, has faced a “Japanese Only” golf course in Hokkaido: a famous one called  the Hokkaido Classic.  (The very course was even designed by a foreigner!)

This exclusionism is somewhat old hat for people who have been following the Otaru Onsens Case and the other “Japanese Only” places in Hokkaido and nationwide for all these decades.  But when it starts happening to famous people (such as those playing for local Japanese teams), you know the bigots have lost their common sense from a public relations point of view.

Bring on the 2020 Olympics!  There will be lots more “foreign” athletes to target then!  Not to mention their supporters. Dr. Debito Arudou

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

Former England striker turned away from golf club in Japan ‘because he is foreign’

FORMER England and Cardiff footballer Jay Bothroyd has claimed he was turned away from a golf course in Japan, where he is now playing, because he is a foreigner.
By PAUL WITHERS
Daily Express (UK) Wed, May 30, 2018
https://www.express.co.uk/news/uk/967171/england-football-player-jay-bothroyd-cardiff-japan-golf-course-racism-twitter

Jay Bothroyd claimed he was turned away from the golf course for being a foreigner.

The 36-year-old Arsenal academy graduate, who made his only appearance for England in 2010, joined J1 League club Hokkaido Consadole Sapporo last July.

But the striker was left stunned after he was refused entry to his local golf course on the northernmost of Japan’s major islands – the Hokkaido Classic – which was designed by golf legend and 17 time major tournament winner Jack Nicklaus.

The exclusive par-72 course charges £338 for a weekend round of golf between June and July, with its fees website page stating that non-Japanese players must be accompanied by a club member.

But Mr Bothroyd, who has also played in Italy and Thailand, took to social media to question if it would be deemed racism in the UK or US.

He tweeted: “Today, I wanted to play golf, and when I went to Hokkaido Classic Golf Club, I was told that foreigners refused.

“If this were British or American, wouldn’t it be seen as racism? Do you have any recommendations for a good golf course?”

(Courtesy of SendaiBen.  Note different ending in original Japanese:  “Fukuzatsu na kimochi desu”, or “It’s a complicated feeling.”)

A British man in his 30s has also claimed he is sometimes declined entry to some places in Mr Bothroyd’s adopted city of Hokkaido.

He said: “I was once declined by a hotel in Hokkaido. Foreigners couldn’t stay there.”

A survey by the Justice Ministry in March revealed a worrying number of foreigners who are refused entry to venues in Japan, even though some are even able to speak the language.

The golf course’s fees page says non-Japanese players must be accompanied by a club member

It found that 247 out of 4,252 foreigners are “sometimes” refused entry to shops and restaurants due to their nationality, while 18 said they were “frequently” refused entry.

In addition, 347 anti-immigration rallies took place in 2013, growing to 378 in 2014, while Brazilian journalist Ana Bortz successfully sued a store in Hamamatsu after the owner tried to eject her.

In May 2016, Japan passed the Hate Speech Law, aimed at curbing racial discrimination to fight the growing problem.

When Tokyo hosts the Olympic and Paralympic Games in 2020, Japan is expected to welcome more than 40 million tourists, with organisers hoping to eradicate the problem in time for the global showpiece.

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

mytest

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

Here are the opening paragraphs:

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

JUST BE CAUSE
justbecauseicon.jpg

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

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

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

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

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

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

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

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

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

mytest

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

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

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

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

UPDATE JANUARY 2020:  Plaintiffs lose in conservative Tokyo District Court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Justice Ministry statistics showed that the number of Japanese who renounced their Japanese nationality after selecting a foreign citizenship or for other reasons ranged from 700 to 1,000 annually between 2012 and 2016.
========================
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Wash Post: “NBC apologizes to Koreans for Olympics coverage praising Japan’s brutal occupation”, rightly so

mytest

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Hi Blog. PyeongChang.  It’s Olympics time again, and, as long-time readers know, I’m a fan of the athleticism but not the nationalism (and inevitable comparisons of strengths and weaknesses along national lines) that is endemic to bordered sports. Too many people compete for glory as representatives of whole societies, not for individual bests, and that particularly takes a toll on Japan’s athletes.

I’ve been a relentless critic of Japan’s sports commentary, but now that I’m watching it in the US, fair game. I was quite incandescent with rage at times listening to NBC’s stupid, overgeneralizing, and often borderline racist commentary of the Opening Ceremonies. (One of the most annoying was when Katie Couric noted how internet addiction is allegedly a problem in South Korea, and used it as a segue into a shameless plug of her upcoming show on internet addiction in America; and this relates to the Olympics how!?)

Fortunately, I was not alone, and Korea protested not only the overgeneralizations, but also the ahistorical comments that were ill-considered. Fortunately, NBC apologized (and told the press that the offending commentator’s “assignment is over”), which is better than I’ve ever seen NHK do for its nasty coverage. Here’s the Washington Post on the issue. Dr. Debito Arudou

////////////////////////////////////////////
NBC apologizes to Koreans for Olympics coverage that praised Japan’s brutal occupation
By Avi Selk February 11, 2017
https://www.washingtonpost.com/news/arts-and-entertainment/wp/2018/02/11/nbc-apologizes-to-koreans-for-olympics-coverage-that-praised-japans-brutal-occupation/

Friday’s Opening Ceremonies for the Winter Olympics in South Korea were, by most accounts, spectacular. NBC’s coverage of the spectacle, on the other hand, was considered hit and miss. Occasionally disastrous.

It wasn’t so much the hosts, Katie Couric and Mike Tirico, who annoyed critics, but rather the network’s analyst, Joshua Cooper Ramo.

Slate wrote that Ramo’s commentary amounted to bland trivia about Asia “seemingly plucked from hastily written social studies reports” — such as his observation that white and blue flags stood for North and South Korean unity. Variety compared his commentary to a Wikipedia article.

But Ramo’s big misstep came when he noticed Prime Minister Shinzo Abe of Japan in the crowd and offered what he knew about the country’s history with Korea.

Japan was “a country which occupied Korea from 1910 to 1945,” Ramo said, correctly (though he did not mention that historians say the Japanese army forced tens of thousands of Koreans into sex slavery.)

“But,” Ramo continued, “every Korean will tell you that Japan as a cultural and technological and economic example has been so important to their own transformation.”

This was definitely not correct. Every Korean did not agree that Japanese colonialism had its upside. In fact, thousands signed a petition demanding that NBC apologize for Ramo’s statement.

“His incorrect and insensitive comment about Korea’s history has enraged many of its people,” the Korea Times observed.

“Some say it’s questionable whether Ramo has been even following the news leading up to the current Olympics, as some of the disputes between South Korea and Japan erupted even during the preparation phase of the games,” the Korea Herald added, mentioning as an example the unified Korean flag that Ramo liked so much.

In fact, the Herald reported, an earlier flag design had outraged Japan because it included a group of islets still claimed by both countries.

Japan and South Korea have not even fully reconciled over atrocities committed during the occupation. While the Japanese government has expressed remorse and set up a fund in the 1990s to help victims it once referred to as “comfort women,” some politicians and academics claim estimates of 200,000 sex slaves are exaggerated. Many South Koreans, in turns, compare those skeptics to Holocaust deniers.

The morning after the Opening Ceremonies, NBC apologized for Ramo’s remarks. “We understand the Korean people were insulted by these comments,” an anchor said during a Saturday broadcast, according to MSN.

In a statement to The Washington Post, NBC Sports said that the network also apologized in writing and that “we’re very gratified that [the PyeongChang Olympics] has accepted that apology.”

Yahoo Sports reported this was the second time that Ramo, who co-directs a think tank founded by former secretary of state Henry Kissinger, has appeared as an Olympics analyst for NBC. He shared an Emmy Award for his commentary during Beijing’s Summer Games in 2008.

Ramo could not be immediately reached for comment. An NBC official told The Post that his assignment is over.
ENDS
==============================================

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New Years Eve 2017 TV Blackface Debate in Japan (again): Referential Links

mytest

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Hi Blog. With the recent broadcast of an “Eddie Murphy homage” (with Japanese tarento Hamada Masatoshi doing blackface) on one of the most-watched shows in Japan all year, Debito.org feels a need at least to mention that there is a hot debate going on about whether Blackface is appropriate in other societies (such as Japan) with a different history of race relations.


(Courtesy of The Japan Times)

My opinion is that doing Blackface is almost always a bad thing, due to its historical connotation regardless of context. And I add the caveat of “almost always” while struggling to think of any exception, except for purposes of historical grounding behind the issue. (And it’s not limited to blackface: Debito.org has covered racialized media in Japan, broadcast without input from the minorities affected, many times in the past, including here, here, here, here, here, here, here, here, here, here, here, and here.)  And the fact that this is happening again despite a similar Blackface incident not two years ago (which ended up with the broadcast being cancelled a priori) is merely willful ignorance on the part of Japan’s media outlets.

But that’s all I’ll say. I think Baye McNeil has a lock on the issue, and I’ll just refer Debito.org Readers to his most recent Japan Times column, at https://www.japantimes.co.jp/community/2018/01/10/our-lives/time-japan-scrub-off-blackface-good/

Even better is a YouTube panel discussion sponsored by The Japan Times that involves McNeil, Anthropologist Dr. John G. Russell of Gifudai, and YouTuber Aoki Yuta.

Dr. Russell’s comments about Japan’s history with Blackface (there is in fact a history, despite the narrative that Japan is ignorant therefore innocent) are particularly salient. Watch if you want a definitive conclusion to the issue of Blackface in Japan for yourself. Dr. Debito Arudou

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

mytest

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JUST BE CAUSE
justbecauseicon.jpg

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

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

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

(Version with links to sources.)

In ascending order:

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

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

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

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

9) ‘Hair police’ issue attracts attention with lawsuit

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

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

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

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

8) Five-year limit on contract employment backfires

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

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

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

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

7) Hate-speech law has concrete effects

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

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

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

Not so much anymore.

6) Pension system qualification lowered to 10 years

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

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

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

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

5) Renho resigns, Democratic Party withers

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

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

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

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

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

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

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

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

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

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

3) North Korean missile tests and the fallout

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

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

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

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

2) Abe glides to fifth electoral victory

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

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

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

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

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

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

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

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

1) Government human rights survey of foreign residents

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

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

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

Bubbling under:

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

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

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

Record numbers of foreign tourists come to Japan and spend.

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

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

ENDS

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

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  About a month ago, Briton Kazuo Ishiguro, who writes exclusively in English, won the Nobel Prize for Literature.  Predictably, Japan’s media boasted that a third Japanese writer (with the caveat that he was Japan-born) had won a Nobel.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Earlier this year the GOJ released a nationwide survey of discrimination toward NJ in Japan (details on Debito.org here and here). Debito.org predicted that the results of this could be (and would be) something the media would cite, now that they had tangible statistics.   (Even though, as reported previously on Debito.org, in the Nikkei Asian Review’s case, they would periodically still try to explain them away. But it would still be cited nonetheless.)  Here’s the latest example, again from the Nikkei Asian Review, with the shocking statistic, “Almost nine of 10 private housing units in Tokyo do not allow foreign tenants”.  Dr. Debito Arudou

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to a survey that Shinjuku conducted in 2015, separate from the justice ministry’s study, of 1,275 foreign residents, 42.3% said they had experienced discrimination in Japan. Of those, 51.9% felt discriminated against when looking for housing.

The justice ministry study underscores just how widespread discrimination is in Japan’s housing market. But the problem could be about to swell. At least the number of foreign residents in the country is trending up. At the end of 2016, it reached an all-time high, 2.38 million, 77% more than 20 years earlier.

Experts say access to housing in Japan is becoming ever more important as the third largest economy takes steps — though small ones — to open its door to more foreigners.

Chizuko Kawamura, a professor emeritus at Tokyo’s Daito Bunka University and an immigration policy expert, has proposed that the government set up a specialized body on multicultural initiatives that would make way for foreign resident support systems — from housing, education, medical access and fair employment.

This is “not limited to housing,” Kawamura said. “If our government cannot address the social needs of [foreigners] already living in Japan, we won’t be able to support those coming into the country in the future.”
ENDS
============================

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My Japan Times JBC 108: “In wake of Charlottesville, U.S. should follow Japan and outlaw hate speech”, Aug 24, 2017

mytest

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JUST BE CAUSE
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In wake of Charlottesville, U.S. should follow Japan and outlaw hate speech
BY DEBITO ARUDOU
THE JAPAN TIMES AUG 23, 2017

Let’s talk about Charlottesville.

As you probably heard, two weeks ago there was a protest in a small Virginia town against the removal of a statue of Robert E. Lee, a Confederate general who defended slavery in the American South. Various hate groups, including white supremacists, neo-Nazis and the Ku Klux Klan, assembled there with shields, weapons, fascist flags and anti-Semitic slogans. They were met with counterprotest, and things got violent. A supremacist slammed his car into a crowd of counterprotesters, killing one and injuring 19.

Charlottesville has shaken hope for a post-racial America to the core. But before readers in Japan breathe a sigh of relief and think, “It couldn’t happen here, not in peaceful Japan,” remember this:

Japan has also had plenty of hate rallies — there was about one per day on average in 2013 and 2014, according to the Justice Ministry. Rightist xenophobes and government-designated hate groups have assembled and held demos nationwide. Bearing signs calling foreign residents “cockroaches,” calling for a Nanking-style massacre of Koreans in an Osaka Koreatown, even advocating the extermination of “all Koreans, good or bad,” Japan’s haters have also used violence (some lethal) against the country’s minorities.

As JBC has argued before (“Osaka’s move on hate speech should be just the first step,” Jan. 31, 2016), freedom of speech is not an absolute. And hate speech is special: It ultimately and necessarily leads to violence, due to the volatile mix of dehumanization with flared tempers.

That’s why Japan decided to do something about it. In 2016 the Diet passed a law against hate speech (albeit limiting it to specifically protect foreign residents). And it has had an effect: Japanese media reports fewer rallies and softer invective.

America, however, hasn’t gotten serious about this. It has no explicit law against hate speech, due to fears about government censorship of freedom of speech. Opponents argue that the only cure is freer speech — that somehow hate will be balanced out by reasonable and rational counter-hate. That persuasion will win out.

But in 2016, it didn’t. Hate speech is precisely how Donald J. Trump got elected president…

Read the rest at: https://www.japantimes.co.jp/community/2017/08/23/issues/wake-charlottesville-u-s-follow-japan-outlaw-hate-speech/

===================
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Daily Show on overseas media interpreters’ self-censorship of Trump’s language: Japanese interpreter plays dumb, claims no way to express “grab ’em by the pu**y”

mytest

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Hi Blog.  I’m trying to maintain my summer vacation (and a dry-out from the Internet for a little while), but every now and again I stumble across something interesting (what with this golden age of political comedy in the US), and here’s something indirectly Japan-related.

Trevor Noah and company on the Daily Show make an interesting case about how Trump’s language, both in terms of content and syntax, is challenging for translators in other languages to render.  They make the point that the impact and nuance is often softened by translator self-censorship (or filling in the gaps with personal interpretations).  I understand well, having been in their situations more than once.  (And let me say here for the record:  I am not a trained interpreter, and I have had numerous debates with interpreters with accuracy versus diplomatic rendering of the language.  I fall on the side of total accuracy warts and all.)  Worth a watch:

But at minute 4:00 of the segment, the Japanese interpreter claims that there is no accurate way to translate Trump’s infamous “grab ’em by the pu**y” remark.  She even claims that there is no word “in the exact sense” for “pu**y” in Japanese.

Rubbish.  I can think of quite a few words that would do the trick, in content and especially in nuance.  The two easiest, of course, are om*nko or om*nta, as in “om*nta o tsukandari shite“,  and in Trump’s case I would even remove their honorific prefixes.

Of course, that would require bleeping out the syllable after “man”, but it’s been done on Japanese TV before.  I’ve seen it.

But I dislike it when people, especially in this case a professional interpreter, play dumb and deny.  Repeating that old lie that we heard as beginning Japanese students that “there are no bad words in Japanese”.

Like it or not, “om*nta” what 45 said.  Portray it accurately.  Or, as the segment argued well, the awfulness of 45’s speech is bleached out simply because the interpreter is being too diplomatic, cultured, or prudish.  Dr. Debito Arudou

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

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Japan Times JBC 106: “Government, survey thyself”, on unprecedented nationwide poll of NJ on discrimination, with one big blind spot (March 5, 2017)

mytest

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JUST BE CAUSE
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ISSUES | JUST BE CAUSE
Government of Japan, survey thyself
BY DEBITO ARUDOU
JBC 106, SPECIAL TO THE JAPAN TIMES, MAR 5, 2017

Something landmark happened late last year. Japan’s government undertook a nationwide survey of discrimination toward Japan’s long-term non-Japanese (NJ) residents.

The Foreign Residents Survey (FRS), drawn up in 13 languages, was randomly mailed last November to 18,500 NJ residents. It was widely dispersed — to about 500 names per local government.

Good. We need hard data about the breadth and depth of discrimination to deal with it. However, previous government surveys analyzed in this column (e.g., “Human rights survey stinks,” Zeit Gist, Oct. 23, 2007) had serious methodological problems. And afterwards, thanks to attention in The Japan Times, they were amended (Source: Embedded Racism p 243 fn 140). Many thanks.

So how is the survey this time? Much better. But it still needs work due to an enormous blind spot…

Read the rest at The Japan times at http://www.japantimes.co.jp/community/2017/03/05/issues/government-japan-survey-thyself/

Version with links to sources up shortly.
=========================

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Japan Times JUST BE CAUSE column 105: “Media, stop normalizing sumo as an ethno-sport”, Monday, Feb 20, 2017

mytest

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Thanks to readers for putting this in the Top Ten most-read JT articles for two days in a row!  — Debito

JUST BE CAUSE
justbecauseicon.jpg

STOP NORMALIZING SUMO AS AN ETHNO-SPORT
Foreign coverage of the new Yokozuna Kisenosato is embedding racism
By Debito Arudou
Just Be Cause Column 105 for the Japan Times Community Page
Monday, February 20, 2017

http://www.japantimes.co.jp/community/2017/02/19/issues/media-outside-japan-must-stop-normalizing-sumo-ethno-sport/

I know that by now this is old news (blame press holidays and timely Trump articles), but congratulations to Kisenosato last month for ascending to yokozuna, sumo wrestling’s highest rank. After all your efforts, well done.

So what does JBC have to say about it? Nothing to diminish that achievement, of course. But let’s consider how the event echoed overseas. Here are some headlines from prominent news outlets:

BBC: “Japan gets first sumo champion in 19 years”
http://www.bbc.com/news/world-asia-38721106

Washington Post: “After 19 long years, Japan has a grand champion of sumo once again.”
https://www.washingtonpost.com/world/after-19-long-years-japan-has-a-grand-champion-of-sumo-once-more/2017/01/25/

New York Times: “For the first time in years, Japan boasts a sumo grand champion.”
https://www.nytimes.com/2017/01/25/world/asia/japan-sumo-champion-kisenosato.html

The Guardian: “Kisenosato becomes Japan’s first homegrown sumo champion in 19 years.”
https://www.theguardian.com/sport/video/2017/jan/25/kisenosato-becomes-japans-first-homegrown-sumo-champion-in-19-years-video

Even our own JT: “Kisenosato becomes first Japanese-born yokozuna in almost two decades.”
http://www.japantimes.co.jp/sports/2017/01/25/sumo/kisenosato-becomes-first-japanese-born-yokozuna-almost-two-decades/

Hmm. At least three of those headlines make it seem like Japan hasn’t had a Japanese yokozuna – or any yokozuna – for nearly two decades.

That’s false. We’ve had five yokozuna (Musashimaru, Asashoryu, Hakuho, Harumafuji, and Kakuryu) since 1998.
https://en.wikipedia.org/wiki/List_of_yokozuna

Unless they’re referring to the fact that the last four champions have been Mongolian, not Japanese. But that means they don’t count?

Then what about Musashimaru? He’s a naturalized Japanese, and was one (as the Japan Times duly noted) when he became yokozuna in 1999.

So he’s not counted because he’s not a “real” Japanese? Apparently. That’s why the JT and Guardian slipped in qualifiers like “homegrown” and “Japan-born”. As if that matters.

It shouldn’t. Except to racists.

And it matters in Japan because of the embedded racism of the sport…

Read the rest at

http://www.japantimes.co.jp/community/2017/02/19/issues/media-outside-japan-must-stop-normalizing-sumo-ethno-sport/

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

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Other progress in 2016: Actions against wasabi bombs in sushi for NJ customers, conductor officially chided for apologizing re “many foreign passengers” crowding trains

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Hi Blog, and welcome to 2017. And to start this year (which I am not at all optimistic about), let’s try to talk about two bright sides to 2016.

First up, this piece of good news that shows that targeting of foreign passengers (on an airport train, no less) is officially not cool — either from the passengers’ point of view or from the train company’s:

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

Train conductor warned after apologizing for crowding due to ‘many foreign passengers’
http://mainichi.jp/english/articles/20161011/p2a/00m/0na/003000c
October 11, 2016 (Mainichi Japan), courtesy of JK

OSAKA — A Nankai Electric Railway Co. conductor was dealt a verbal warning after apologizing to Japanese passengers for crowding on a train heading to Kansai International Airport with a large number of foreigners, it has been learned.

The company said the male conductor, who is in his 40s, made the announcement on an express train bound for Kansai International Airport at around 11:30 a.m. on Oct. 10, a public holiday, after the train left Tengachaya Station.

“Today there are many foreign passengers aboard and it is very crowded, so we are inconveniencing Japanese passengers,” the conductor was quoted as stating in the announcement.

After the train arrived at Kansai-Airport Station, a Japanese woman questioned a station attendant about the announcement, asking whether it was within the bounds of company rules.

When questioned by the company, the conductor was quoted as replying, “I heard a male Japanese passenger at Namba Station yelling, ‘All these foreigners are a nuisance,’ so I made the announcement to avert trouble. I had no intention of discriminating.”

The company says it has received complaints in the past about the large pieces of luggage carried by foreign visitors, but the announcement made by the conductor was the first of its kind.

“Whether people are Japanese or non-Japanese, the fact remains that they are our passengers. Language that sets them apart is inappropriate,” a company representative said.

Japanese version:

車掌「多くの外国人で、ご不便を」
毎日新聞2016年10月11日 00時06分(最終更新 10月11日 12時32分)
http://mainichi.jp/articles/20161011/k00/00m/040/058000c

車内アナウンスして口頭注意 「差別の意図ない」と釈明
南海電鉄の40代男性車掌が10日、車内で「本日は多数の外国人のお客さまが乗車されており、大変混雑しておりますので、日本人のお客さまにはご不便をおかけしております」という内容のアナウンスを行い、口頭注意を受けていたことが同社への取材で分かった。

車掌は同社の聞き取りに「難波駅で車内の日本人男性客が『外国人が多くて邪魔』という内容を大声で叫んだのを聞き、トラブルを避けるために放送した。差別の意図はない」と説明したという。同社によると、これまでにも、車内の外国人観光客の大きな荷物に対する苦情が他の乗客から寄せられたことはあったが、この車掌が同様のアナウンスをしたのは今回が初めてという。

同社は「日本人でも外国人でも、お客さまに変わりはない。区別するような言葉はふさわしくない」としている。【井川加菜美】
ENDS
///////////////////////////////////////////////

Next up an article from the Grauniad, which coupled the above story with another one about some sushi itamae-san who took it upon themselves to wasabi-bomb some NJ sushi. Full article follows below, but pertinent excerpt:

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

The incident follows an accusation by South Korean tourists that a sushi restaurant in Osaka deliberately smeared their orders with eye-watering quantities of wasabi, a pungent condiment that should be used sparingly.

The restaurant chain Ichibazushi apologised but denied accusations of racism, saying its chefs had decided to use excessive amounts of wasabi after other foreign diners had previously requested larger dollops for added piquancy.

“Because many of our overseas customers frequently order extra amounts of pickled ginger and wasabi, we gave them more without checking first,” the chain’s management said. “The result was unpleasant for some guests who aren’t fans of wasabi.”

It was not clear how many such incidents – labelled “wasabi terrorism” on social media – had occurred, but some disgruntled diners posted photos of sushi containing twice as much wasabi as usual.

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

Again, the fact that this incident made news, and (Japanese) social media thought this was worth criticizing is a good thing. The restaurant acknowledged and apologized.

There is lots to bellyache about when it comes to how NJ are seen and treated in Japan, but when people (especially Japanese people, who are often not all that quick to leap to the defense of NJ, since what happens to NJ does not affect them) stand up against this, this is progress. Credit where credit is due. Dr. ARUDOU, Debito

Full Grauniad article:
//////////////////////////////////////

Japanese train conductor blames foreign tourists for overcrowding
Rail company reprimands conductor who made announcement blaming foreigners for inconveniencing Japanese passengers
Justin McCurry in Tokyo Tuesday 11 October 2016
https://www.theguardian.com/world/2016/oct/11/japanese-train-conductor-blames-foreign-tourists-for-overcrowding

A railway company in Japan has reprimanded a conductor who blamed the large number of foreign tourists on a crowded train for inconveniencing Japanese passengers.

The outburst will have done little to help Japan’s attempts to become a more welcoming destination for foreign visitors as it prepares to host the 2019 rugby World Cup and the Tokyo Olympics a year later.

Japan’s successful pitch for the 2020 Games made much of the country’s reputation for omotenashi– traditional hospitality and service.

But there was precious little omotenashi on display when the conductor addressed passengers on a Nankai Electric Railway express train bound for Kansai international airport near Osaka on Monday morning.

“There are many foreign passengers on board today … this has caused serious congestion and is causing inconvenience to Japanese passengers,” said the conductor, a man in his 40s.

A Japanese passenger reported the incident to a station attendant at the airport, questioning whether the conductor’s wording was acceptable.

The conductor, who has not been named, later defended his choice of words: “I heard a male Japanese passenger at [another station] yelling: ‘All these foreigners are a nuisance,’” the Mainichi Shimbun quoted him as saying.

“I made the announcement to avert trouble and had no intention of discriminating [against foreign passengers],” he said.

A Nankai Electric spokesman told the newspaper that the firm had previously received complaints about foreign visitors with large suitcases, but added: “Whether people are Japanese or non-Japanese, the fact remains that they are our passengers. Language that sets them apart [from other passengers] is inappropriate.”

The incident follows an accusation by South Korean tourists that a sushi restaurant in Osaka deliberately smeared their orders with eye-watering quantities of wasabi, a pungent condiment that should be used sparingly.

The restaurant chain Ichibazushi apologised but denied accusations of racism, saying its chefs had decided to use excessive amounts of wasabi after other foreign diners had previously requested larger dollops for added piquancy.

“Because many of our overseas customers frequently order extra amounts of pickled ginger and wasabi, we gave them more without checking first,” the chain’s management said. “The result was unpleasant for some guests who aren’t fans of wasabi.”

It was not clear how many such incidents – labelled “wasabi terrorism” on social media – had occurred, but some disgruntled diners posted photos of sushi containing twice as much wasabi as usual.

Whether or not the incidents resulted from misunderstandings, the potential for friction between visitors and local people is likely to increase as Japan gains popularity as a tourist destination.

A record 2.05 million people visited the country in August, according to the Japan Tourism Agency, including 677,000 from China, 458,900 from South Korea and 333,200 from Taiwan.

Japan’s government hopes to double the number of foreign visitors to 40 million in 2020, and expects a tourism windfall of 8tn yen (£63bn).
ENDS
=====================================

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Mainichi Editorial: Cultivating ‘Japan fans’ key to attracting repeat foreign visitors. Good luck with that without an anti racial discrimination law

mytest

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JK:  Hi Debito:  The GOJ wants foreign visitors spend a couple trillion yen the year the Olympics comes to town, so why not strike while the iron is hot and use this as leverage against xenophobic establishments by calling them out on their behavior (i.e. “there’s this shop down the way that excludes anyone foreign-looking — surely that reflects poorly on Japan and hurts the government’s numbers.”)?

Debito:  Agreed.  And that’s the big blind spot in this editorial.  It talks about the shortcomings of tourism policy focusing only on infrastructure and profit, but neglects to mention the issues of how a police force dedicated to racial profiling (especially at hotels), or how being refused service somewhere just because the proprietor has a “thing” about foreigners (and can get away with it because Japan has no law against racial discrimination), can really ruin a visit.  “Cultivating Japan fans” is one way of putting it, “stopping xenophobes” is another.  And that should be part of formal GOJ policy as well.  Dr. ARUDOU, Debito

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

Editorial: Cultivating ‘Japan fans’ key to attracting repeat foreign visitors
November 1, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20161101/p2a/00m/0na/016000c

In just 10 months, the number of foreign visitors to Japan has already smashed through the 20 million mark for the year, surpassing the previous annual record of about 19.74 million arrivals set in 2015.

The first time foreign visitors topped 10 million was in 2013. At the time, the government set a target of “20 million people by 2020,” but visitor numbers expanded far faster than expected. Now the government is shooting for 40 million in 2020, the year of the Tokyo Olympics and Paralympics.

The wave of people coming to see Japan is a welcome development on many fronts, especially as our country’s population ages and begins to decline, particularly in the countryside. There are, of course, direct and obvious economic benefits from so many visitors shopping, eating and filling Japan’s hotel rooms. However, the tourism boom has also made companies and regional communities more outward-looking in their thinking, and that’s deeply significant.

However, while 20 million visitors is nothing to sneeze at, it doesn’t come anywhere close to the world champion of foreign tourism, France, which attracted more than 80 million visitors in 2014. And France isn’t the only country beating Japan by a wide margin. To put it another way, Japan has a lot of tourism growth potential.

What’s important is to avoid viewing visitors to our shores as mere consumers.

The government has declared it wants to see foreign visitors drop 8 trillion yen in Japan in 2020. There’s nothing wrong with setting a numerical target in and of itself, but focusing solely on visitor spending could lead to a nasty trip-up.

This is, simply put, because conditions can change. A rising yen may make Japan a less attractive destination, while economic events abroad could also bring down visitor numbers. And those considering visiting Japan to shop for Japanese products may think twice if they find they can buy the same stuff online.

If a small town in regional Japan brought in a big-box retail outlet to attract foreign shoppers, it may see a short-term rise in visitors from abroad. However, most of the benefits might end up in the pockets of the retailer and the companies supplying it … and not the host community.

The conclusion that sparkly tourist-oriented facilities are needed to bring in visitors is wrong. There are attractions and ways to welcome foreign tourists that are close to hand and just waiting to be uncovered. Take farm stays, for example. Visitors don’t just stay the night and chow down on fresh produce; they help harvest it as well. Then there are tours of recycling centers that get visitors to think about how to tackle environmental issues. These sorts of “hands-on” experiences are likely to have a good chance of attracting more people back to Japan for repeat visits.

Also, while earthquakes are a major risk in Japan, disaster prevention can also become a resource for attracting visitors. For example, the Tokyo Fire Department has facilities called Life Safety Learning centers where visitors can feel what it’s like to be in an earthquake, among other hands-on activities. These centers have never been marketed outside Japan, and yet they are seeing more foreign visitors.

If Japan spends all its time chasing visitor numbers and tourist spending figures, it will eventually hit a wall. It should instead introduce people to the many faces of Japan, give them the chance to actually do things with Japanese people, and generally provide a diverse and substantive experience, looking to cultivate long-term “Japan fans.”

Original Japanese
訪日客2千万人 息の長いファン作りを
毎日新聞2016年11月1日 東京朝刊
http://mainichi.jp/articles/20161101/ddm/005/070/169000c

今年、日本を訪れた外国人旅行者が2000万人を突破した。昨年は1年間で過去最多となる1974万人を記録したが、今年は10カ月で2000万人に達した。

訪日外国人数が初めて1000万の大台に乗ったのは2013年のことだ。当時は「20年に2000万人」の達成を目指していた。外国人の日本訪問は予想以上の速さで増加し、政府は今や、「20年に4000万人」を目標としている。

国内の人口が減少に転じ、特に地方の過疎、高齢化が進む中、世界から人がやって来ることは多くの意味で歓迎できる。買い物や宿泊といった直接的な経済効果はもちろんだが、企業や地域社会が、外向きの思考へ意識転換するきっかけを得る意義は大きい。

ただ、2000万人を突破したとはいえ、世界には年間8000万人超(14年)のフランスを筆頭に、外国人客の受け入れ数で日本をしのぐ国が少なくない。まだまだ成長の潜在性があるということだ。

重要なのは、訪日客を単に外から来る消費者と見ないことだろう。

政府は20年に訪日客の消費額を8兆円とする目標を掲げる。目標設定自体、悪いことではないが、消費額ばかりにこだわると足をすくわれかねない。

訪日に不利な円高や、海外の経済情勢の悪化などに左右される恐れがあるからだ。さらに、インターネットなどで簡単に日本製品が買えるようになれば、「わざわざ日本まで行かなくても」となるかもしれない。

例えば地方の町が外国人客を増やそうと量販店を誘致したとする。一時的な集客効果があるかもしれないが、恩恵を受けるのは主に量販店やそこで売られる製品の企業であって、地元の経済では必ずしもない。

では、観光の目玉となる施設が不可欠かというと、それも違う。魅力や招致の手法は案外身近に埋もれているものである。

農家に泊まって、土地の食を味わうだけでなく収穫など農作業を体験する企画や、ごみのリサイクル施設を訪れ環境問題を考えるツアーなど、体験型の観光は、今後リピーターの訪日客を増やすうえで可能性がありそうだ。

地震は日本にとってリスクでも、防災は観光資源に変わり得る。地震の揺れなどを体験できる東京消防庁の災害教育施設には、海外向けの宣伝をしているわけでもないのに、外国人の来館が増えている。

数字を追うばかりでは無理が来る。世界の人々が日本のさまざまな顔を発見したり、日本人と共に何かを体験したりするような多様な品ぞろえで、息の長いファン作りにチャレンジしたい。

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

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Asahi: Japan’s Supreme Court approves police surveillance of Muslim residents due to their religion: Next up, surveilling NJ residents due to their extranationality?

mytest

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Hi Blog. Article first, then comment:

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

It’s OK to snoop on Muslims on basis of religion, rules top court
By RYO TAKANO/ Staff Writer
The Asahi Shinbun, August 2, 2016, courtesy of RD
http://www.asahi.com/ajw/articles/AJ201608020076.html

Muslims can still be monitored in Japan solely based on their religion, while in the United States courts are cracking down on granting such approval.

An appeal by 17 Muslim plaintiffs accusing police of snooping on them was dismissed by the Japanese Supreme Court in late May, which upheld lower court decisions.

The plaintiffs argued that “carrying out surveillance of us on grounds of our religion amounts to discrimination and is a violation of the Constitution” in the lawsuit filed against the Tokyo metropolitan and the central government.

Tokyo’s Metropolitan Police Department had been keeping close tabs on Muslims solely because of their religion, reasoning it was pre-empting possible terrorism.

The tide changed in the United States after the leak in 2013 of global surveillance programs and classified information from the National Security Agency by U.S. computer expert Edward Snowden, said Ben Wizner, attorney at the American Civil Liberties Union.

Snowden, a former CIA employee, revealed that U.S. intelligence agencies had secretly collected personal information and communications from the Internet.

The leak revealed the extent of clandestine surveillance on the public by the government for the first time.

The recent Japanese case came to light in 2010 after 114 articles from internal MPD documents containing personal information on Muslim residents in Japan were leaked online. Data included names, photos, addresses, employers and friends.

The leaked data showed that the documents were compiled in a style of a resume on each individual, along with a record of tailing them.

Compensation of 90 million yen ($874,000) was awarded to the plaintiffs by the Tokyo District Court and the Tokyo High Court, which ruled there was a “flaw in information management.”

However, the plaintiffs appealed because the courts stated “surveillance of Muslims” was “unavoidable” in order to uncover terror plots.

The top court sided with lower court rulings, declaring the surveillance was not unconstitutional. A Moroccan man, one of the 17, said he was upset by the Supreme Court’s ruling.

“I am disappointed with the Japanese judiciary,” said the man in his 40s.

He said he was terrified by the sarin gas attack of 1995 on the Tokyo subway system, which he himself experienced. The attack left 13 people dead and thousands injured.

“Has there been a terror attack by Muslims in Japan?” he said. “Surveillance is a breach of human rights.”

After the 9/11 attacks in the United States in 2001, investigative authorities heightened their surveillance of Muslim communities.

But recent U.S. court rulings have seen the judiciary move against the trend.

Two lawsuits were filed in the state of New York and New Jersey after The Associated Press news agency in 2011 reported on the wide-ranging surveillance of Muslim communities in the two states by the New York Police Department.

Last October, a panel of the U.S. Court of Appeals for the Third Circuit handed down a decision in favor of the plaintiffs, sending the lawsuit in New Jersey back to the district court for further proceedings.

New York police reached a settlement with plaintiffs in January, banning investigations solely on the basis of religion.

In 2006, the German Constitutional Court delivered a ruling restricting surveillance.

Masanori Naito, a professor of modern Muslim regions at Doshisha University’s Graduate School in Kyoto, blasted the Supreme Court’s decision as a manifestation of its “sheer ignorance” of Islam.

Although Muslims account for more than 20 percent of the global population of 7.3 billion, only a fraction reside in Japan.

“As a result, Japanese tend to think that all Muslims are violent,” he said. “Conducting surveillance will only stir up a feeling of incredulity among Muslims and backfire. What police should do is to enhance their understanding of Muslim communities and make an effort to gather information.”
ENDS

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

COMMENTS:

MAYes, I remember how it was a Muslim who slashed forty throats in the night last week…no, wait, that was a Japanese lunatic with no religion…I got it, it was a Muslim who attacked people in [Akihabara] with knives…no, not Muslim…OK, it was a Muslim who killed several elementary school children in ….no, hang on, not Muslim…

Debito:  The obvious extension of this legitimization of racial profiling (defined as using a process of differentiation, othering, and subordination to target a people in Japan; it does not have to rely on phenotypical “looks”) is that for “national security reasons” the next step is to target and snoop on all foreign residents in Japan.  Because they might be terrorists.  The National Police Agency et al. have already been justifying the targeting of NJ as terrorists (not to mention as criminals, “illegal overstayers“, holders of “foreign DNA”, and carriers of contagious diseases).  And Japan’s Supreme Court has now effectively given the green light to that too.  The noose further tightens around NJ residents in Japan.  Dr. ARUDOU, Debito

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One reason why human rights are not taken seriously in Japan: Childish essays like these in the Mainichi.

mytest

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Hi Blog.  The discussion about Japan’s recent passage of a hate-speech law continues.  An article recently appeared in the Mainichi, about which Debito.org Reader JK said when submitting, “I don’t recall ever seeing anything this cut-and-dry; it’s a nice change.”

Have a read, then I’ll comment:

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

Kaleidoscope of the Heart: Discrimination has no place in Japan
June 12, 2016 (Mainichi Japan), courtesy of JK
By Rika Kayama, Psychiatrist
http://mainichi.jp/english/articles/20160612/p2a/00m/0na/003000c

The so-called anti-hate speech law has come into force.

When I first saw a hate speech demonstration, with marchers barking vicious slogans aimed primarily at Japan’s Korean residents, I could barely believe my eyes. On the internet, too, people toss out discriminatory comments against other foreign citizens, against Japan’s Ainu and Okinawan peoples, against those receiving welfare benefits and the disabled. There are those who spread false rumors that these people are getting unfair financial aid.

The new hate speech law is what you might call a “principle law,” as it has no provisions for punishing violators. Furthermore, it only protects “those originally from nations outside this country” who are “living legally in Japan.” As such, it does not outlaw discrimination against Japanese citizens or foreigners applying for refugee status, among other groups. However, the supplementary resolution that accompanied passage of the law states, “It would be a mistake to believe that discrimination against groups not specifically mentioned in the law is forgivable.” I suppose we can say that the Diet essentially stated, “Discrimination is unforgiveable in Japan.”

In fact, I have a lot of people struggling with discrimination come to my practice; people discriminated against because they are foreigners, because they are ill, because they are single mothers. Some are treated unfairly at work or in the areas where they live, are looked upon with frigid eyes that seem to say, “You are not like us,” all for some aspect of themselves that they cannot change.

What’s more, the reasons given for this prejudice are usually untrue. For example, the romantic partner of one of my patients didn’t want to get married “because depression is inherited.” This is simply not true, and in the end I had the couple come in together to explain things. When the session was done, the reluctant party was reluctant no more, leaving with a smile and promising to “explain this to my parents as well.” Arbitrary “those people are all so-and-so” labels are very often founded on basic errors of fact.

I have read a paper based on research conducted outside Japan that showed that ethnically diverse workplaces produce more creative ideas than those dominated by a single race or nationality. In contrast to working with people who understand one another from the get-go, getting people with wildly varying perspectives and ways of thinking together in one place apparently sparks the easy flow of groundbreaking ideas.

So, talk to someone different than yourself. Even if that’s impossible right away, you will come to understand one another somehow. It’s time to put an end to knee-jerk hatreds, to discrimination and pushing away our fellow human beings. With the new hate speech law, Japan has finally become a country where we can say, “We will not tolerate discrimination.” (By Rika Kayama, psychiatrist)  ENDS

Japanese version

香山リカのココロの万華鏡
脱差別 日本も仲間入り /東京
毎日新聞2016年6月7日 地方版
東京都
http://mainichi.jp/articles/20160607/ddl/k13/070/107000c

いわゆるヘイトスピーチ対策法が施行された。

主に在日韓国・朝鮮人の方に対して差別的言動を大声で叫びながら集団で道路を歩くヘイトスピーチデモを最初に目にしたときは「まさかこれが現実とは」を目を疑った。さらにネットには、ほかの国の人たち、日本人であるアイヌ民族や沖縄の人たち、生活保護を受給していたり障害を持っていたりする人たちに対しても、平気で差別の言葉を投げかけたり「不当に手当をもらっている」といったデマを拡散したりする人たちがいる。

今回の法律は理念法と呼ばれ、実際にそれを破った人に罰則を与えるものではない。また、その対象が「本邦外出身者」「適法に日本に居住する人」となっているので、日本人で差別を受けている人や難民申請をしている人などは該当しないことになっている。ただ、法律とともに出された「付帯決議」には「定義以外のものであれば差別は許されるというのは誤り」とあり、国会が「日本では差別は許さない」と認めたと考えてよいだろう。

診察室にも差別で苦しむ人は大勢やって来る。外国人だから、病気を持っているから、シングルマザーだから。本人にはどうしようもないことで「あなたは私たちとは違う」と白い目で見られ、職場や地域で不利な扱いを受けることもある。

しかもたいていの場合、差別の理由として考えられていることは間違いだ。たとえば、「うつ病は遺伝するから」と結婚に反対された患者さんがいたが、婚約者にも来てもらってそれは誤りであることを丁寧に説明したら、「わかりました。両親にも説明します」と明るい顔でこたえてくれた。「あの人はこれこれだから」という決めつけのほとんどは、こういう単純な間違いに基づいている。

海外の研究で「ある会社で、同じ国籍、民族の人ばかりの部署より、多様な人々が集まった部署のほうが創造的なアイデアが多く出た」という論文を読んだことがある。いろいろな考え、立場の人たちと一生懸命コミュニケーションするほうが、最初からわかり合っている関係で仕事をするよりも、刺激が多く画期的な意見が出やすいというのだ。

自分と違う人と話そう。すぐには無理だとしても、なんとかわかり合おう。最初から毛ぎらいしたり差別して追い出したりするのは、もうやめよう。法律ができたことで、ようやく日本も「私たちは差別を許さない」と宣言する国の仲間入りができた。(精神科医)ENDS

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

COMMENT:  While this article is well-intentioned, and says most of the things that ought to be said, the tone is pretty unsophisticated (especially if you read the Japanese version — the English version has been leveled-up somewhat).  I have always found it annoying how discussions of human rights in Japan generally drop down to the kindergarten level, where motherly homilies of “we’re all human beings”, “let’s just get along” and “talking to somebody different will solve everything” are so simplistic as to invite scoffing from bigots who simply won’t do that.

I know this comment sounds unkind towards an author who is trying to promote kindness, but this article is not much of a public policy statement for suggestion of enforcement.  And based upon this, I doubt that if the author had ever been part of a government shingikai on this issue that she would have come up with anything more than slogans, bon mots, patient anecdotes, and vague guidelines instead of actual legal and sociological arguments (strong enough to convince even the bigots) for why discrimination is a bad thing for a society and how it can be stopped.

For example, you simply cannot cite a (unknown) paper without more detail and expect it to stand without contrarians easily saying, “Well, that’s overseas, and we’re unique, special Japan, and that doesn’t apply here when foreigners aren’t real minorities or residents anyway.”  While I’m glad that Japan, through this non-punitive hate-speech law, now has a statement of intolerance towards intolerance, this essay doesn’t really build upon it.  Let’s not get all motherly in tone.  Let’s get serious and write about how people who express public hatred towards entire peoples should be publicly punished for it.  Dr. ARUDOU, Debito

Japan Times JUST BE CAUSE 98, “Ibaraki Police still unfettered by the law, or the truth”, June 6, 2016 (UPDATED with links to sources)

mytest

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JUST BE CAUSE
justbecauseicon.jpg

Police still unfettered by the law, or the truth
Repeat-offender Ibaraki force called to account for backsliding on the issue of hotel snooping
By Debito Arudou.  Column 98 for The Japan Times Community Page, June 6, 2016 Version updated with links to sources.
http://www.japantimes.co.jp/community/2016/06/05/issues/japans-police-still-unfettered-law-truth/

Japan’s police are at it again: Lying about the law.

A reader with the pseudonym Onur recently wrote to me about his experience in the city of Mito, Ibaraki Prefecture, when he checked into a hotel. Even though Onur clearly indicated he was a legal resident of Japan with a domestic address, clerks demanded he present his passport for photocopying. They pointed to a sign issued by the Ibaraki Prefectural Police.

IbarakipolicehotelposterApr2016
But that poster has three great big stripy lies: 1) “Every foreign guest must present their passport” 2) “which must be photocopied” 3) “under the Hotel Business Law” — which states none of these things. Not to mention that Japan’s registered foreign residents are not required to carry around passports anyway.

What’s particularly egregious about this sign is that the Japanese police know better — because we told them so a decade ago.

The Japan Times first exposed how police were stretching their mandate in “Creating laws out of thin air,” Zeit Gist, March 8, 2005, and, later, two updates: “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” Just Be Cause, July 6,2010.

It made an impact. Even the usually noncommittal U.S. Embassy took action, posting in their American Community Update of May 2005:

“After we sought clarification, according to the Environmental Health Division, Health Service Bureau, Ministry of Health, Labor and Welfare, the new registration procedure at lodging facilities does not apply to foreigners who are residents of Japan but only to tourists and temporary visitors. If you write a Japanese address on the check-in sheet, hotels are not supposed to ask for your passport.”

Right. So why do the Ibaraki police still feel they can lie about the laws they are entrusted to uphold?

Because … Ibaraki. I’ll get to that shortly…

But back to Onur, who also took action. He stayed an extra day in Mito and raised the issue with local authorities:

“I went to Mito City Public Health Department (Hokensho), who were very helpful, and confirmed that as a resident I need not show ID at hotels. Then I showed them the poster from the Ibaraki police department. Surprised, they said they had never seen this poster before, and the police had not contacted them about it. They said it is clearly different from the real law, especially the bit about ‘every foreign guest.’

“The Hokensho added that the police have become stricter because of the G-7 (Ise-Shima) summit and 2020 Tokyo Olympics. They said they would check the hotel and inform me of the result.”

But Onur wasn’t done yet: “Then I talked with two officers at the Mito City Police Department’s Security Division. They listened without making any comments. I showed them an official announcement from the Health Ministry and said that their poster is clearly different.

“The police read the ministry announcement and took notes like they were unaware of the law, asking questions like ‘Do the other hotels in other parts of Japan ask for your ID card?’ and ‘Isn’t checking the ID card necessary to confirm that a foreigner really has an address in Japan?’ I offered the contact number at Health Ministry for more information, but they said it wasn’t necessary. Finally, I asked them to fix their poster. They said they would check the law and behave accordingly.”

Shortly afterwards, Onur got a call from the Hokensho: “They checked my hotel and saw the poster was now changed. It seems the Ibaraki police had printed a new one and distributed it to all hotels within a few hours! The Hokensho said the new poster clearly states ‘foreign nationals who do not possess an address in Japan,’ which follows regulations. They said the police warned the hotel not to make the same mistake again. Finally, they thanked me for informing them about this problem.”

Well done. It’s satisfying to have others retrace our steps and get even better results. It’s just a shame that he should have to.

However, two issues still niggle. One is that photocopying requirement, which, according to The Japan Times’ own legal columnist, Colin P. A. Jones, may also be questionable:

“According to the Personal Information Protection Act (Kojin Joho Hogo Ho), the hotel should explain to you why they are collecting personal information from you, which is what they are doing if they take a copy of your passport,” Jones said in an email. “So if they can confirm that you are a resident of Japan by looking at your residence card or driver’s license, they do not need to take a copy because they have confirmed that the Hotel Act no longer applies. If they take a copy they are collecting personal information beyond what is necessary for the expressed purpose. In my experience, once you point this out, hotel staff then start mumbling about ‘their policies,’ but of course those don’t trump the law.”

Second issue: Ibaraki.

Ibaraki is where cops take local grumps seriously when they report a “suspicious foreigner” standing near JR Ushiku Station — seriously enough to arrest him on Aug. 13, 2014, for not carrying his “gaijin card.” Well, that “foreigner” turned out to be a Japanese, and Japanese are not required to carry ID. Whoops.

Ibaraki is also the site of a mysterious and under-reported knife attack on Chinese “trainee” laborers (the Japan Times, Feb. 23, 2015), which resulted in an as-yet-unresolved[*] murder. (Funny that. Imagine the media outcry if foreigners had knifed Japanese!)

Do Ibaraki police have anything to do with this? Actually, yes.

Ibaraki police have posted in public places some of Japan’s most militantly anti-foreign posters. I mean this literally: Since 2008, at least three different versions have depicted cops, bedecked in paramilitary weaponry, physically subduing foreigners. The slogan: “Protect (Japan) by heading (foreigners) off at the shores.”

Ibaraki police have also offered the public online information about “foreign crime infrastructure,” as if it’s somehow separate from or more ominous than the yakuza. They claim that foreigners are responsible for drugs, illegal medical activities, underground taxis, false IDs — and paternity scams to get Japanese citizenship. And, conveniently, the National Police Agency argued within its 2010 white paper that foreign crime infrastructure “cannot be grasped through statistics” (see “Police ‘foreign crime wave’ falsehoods fuel racism,” JBC, July 8, 2013). It’s enough to make the public paranoid.

And Ibaraki is a strange place for such militancy. It does not have a particularly high concentration of foreigners. Except for, of course, those behind bars at Ibaraki’s Ushiku Detention Center.

Japan’s infamous immigration detention centers, or “gaijin tanks,” are where foreign visa overstayers and asylum seekers are left to rot indefinitely in what Amnesty International in 2002 called “secret detention facilities.” Gaijin tanks don’t get the oversight governing Japan’s prisons because the former do not officially qualify as “prisons.” They’re pretty bad places to be.

And Ushiku’s gaijin tank is notoriously bad. It has made headlines over the past decade for drugging and subjecting detainees to conditions so horrendous that they have gone on hunger strikes, committed suicide or died having received improper medical care and under other mysterious circumstances.

Therein lies the point I keep banging on about in this column: What happens when racial discrimination is left unrestrained by laws? It just gets normalized and embedded.

Treating people badly without official checks and balances eventually makes abuse tolerated and ignored — like background radiation. And, fueled by the innate fear of The Outsider, the abuses just get worse and worse. Because they can.

In this case, the unfettered xenophobia radiating from the Ushiku Detention Center, Ibaraki’s fast-breeder reactor of foreigner dehumanization and abuse, has clearly corroded Ibaraki police’s judgment — to the point where they feel they can outright lie about the laws they are supposed to enforce, and have their propaganda irradiate hotels, street-corner busybodies and the general public.

It’s time for people to realize that Japanese police’s free rein to maintain our allegedly “safe society” has limits. For officially treating an entire people as potentially “unsafe” is dangerous in itself.

Ibaraki Prefecture thus offers a fascinating case study. Of what happens to a neighborhood when xenophobia goes beyond the occasional international summit or sports event, and becomes regularized into official extralegal standard operating procedure.

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

Debito’s latest project is the mockumentary film “Go! Go! Second Time Gaijin,” which is now being funded on Kickstarter. Twitter @arudoudebito. Send all your comments and story ideas to community@japantimes.co.jp.

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

[*]  Correction:  According to Chinese media translated into Japanese, the abovementioned knife attack and murder of Chinese “Trainees” has resulted in the arrest of 5 Vietnamese nationals:

日本の中国人技能実習生、ベトナム人5人に包丁で襲われ1人死亡1人負傷=茨城県警察は殺人と殺人未遂容疑で逮捕―中国紙
http://www.recordchina.co.jp/a114724.html

2015年7月23日、人民日報(電子版)は日本の報道を引用し、中国人技能実習生を殺害したとして、茨城県警察が殺人と殺人未遂の容疑でベトナム人5人を逮捕したと伝えた。

警察によると、今年2月22日午後9時40分ごろ、当時農業技能実習生だった中国人の孫文君(スン・ウェンジュン)さん(33)は茨城県鉾田市の路上を同僚と歩いていた際、包丁を持ったベトナム人の男女5人に襲われた。

これにより孫さんは死亡し、もう1人の中国人技能実習生も負傷した。その後の調査で、ベトナム人男女らの中には元農業技能実習生もおり、警察は動機などについて調べを進めている。(翻訳・編集/内山)ENDS

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JT: Diet passes Japan’s first law to curb hate speech. Hurrah, but.

mytest

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Hi Blog.  A first step towards Debito.org’s overarching goal — a law against racial discrimination in Japan — happened yesterday:  Some kind of legislation to curb public expression of racism, in the form of a law against hate speech.

Now, Debito.org cannot wholeheartedly support this law for the reasons noted in the article below:  It defines “hate speech” only narrow-band (only covering legal residents of Japan), it doesn’t actually encode punishments or penalties, and it joins all of Japan’s other laws that ineffectually ban things only in principle and get ignored in practice (such as Japan’s Equal Employment Opportunity Law, which has not curbed male-female wage and promotion differentials one whit outside of a lengthy and risky Japanese court process).  It is, as critics say below, mere window-dressing to make Japan look like a “civilized” country to its neighbors.  That said, I’m going to opt that it’s better to have some law that acknowledges the existence of a problem (as opposed to what’s been going on before; even the article indicates below there was a hate rally on average more than once a day somewhere in Japan).  Let it potentially chasten xenophobes and indicate that minorities in Japan are here to stay and deserve dignity, respect, and the right to be unstigmatized.  Dr. ARUDOU, Debito

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

Diet passes Japan’s first law to curb hate speech
BY TOMOHIRO OSAKI
STAFF WRITER
The Japan Times, May 24, 2016
http://www.japantimes.co.jp/news/2016/05/24/national/social-issues/diet-passes-japans-first-law-curb-hate-speech/

Japan’s first anti-hate speech law passed the Diet on Tuesday, marking a step forward in the nation’s long-stalled efforts to curb racial discrimination.

But the legislation has been dogged by skepticism, with critics slamming it as philosophical at best and toothless window dressing at worst.

The ruling coalition-backed law seeks to eliminate hate speech, which exploded onto the scene around 2013 amid Japan’s deteriorating relationship with South Korea.

It is the first such law in a country that has long failed to tackle the issue of racism despite its membership in the U.N.-designated International Convention on the Elimination of All Forms of Racial Discrimination.

Critics, however, have decried the legislation as ineffective.

While it condemns unjustly discriminatory language as “unforgivable,” it doesn’t legally ban hate speech and sets no penalty.

How effective the law will be in helping prevent the rallies frequently organized by ultraconservative groups calling for the banishment or even massacre of ethnic Korean residents remains to be seen.

Critics including the Japan Lawyers Network for Refugees have also pointed out the law is only intended to cover people of overseas origin and their descendants “who live legally in Japan.”

The law’s mention of legality, they say, will exclude many foreign residents without valid visas, such as asylum seekers and overstayers.

Submitted by lawmakers from the Liberal Democratic Party and Komeito, the bill initially limited its definition of hate speech to threats to bodies, lives and freedom of non-Japanese as well as other incendiary language aimed at excluding them.

But at the urging of the Democratic Party, the scope of the legislation was expanded to cover “egregious insults” against foreign residents.

The law defines the responsibility of the state and municipalities in taking measures against hate speech, such as setting up consultation systems and better educating the public on the need to eradicate such language.

The Justice Ministry’s first comprehensive probe into hate speech found in March that demonstrations organized by the anti-Korean activist group Zaitokukai and other conservative organizations still occur on a regular basis, although not all involve invectives against ethnic minorities.

A total of 347 such rallies took place in 2013, while 378 were held in 2014 and 190 from January through September last year, the Justice Ministry said.  ENDS

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Economist: United Nations fails to stick up for the rights of Imperial female succession, drops issue as a “distraction” from report

mytest

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Hi Blog.  Off on a tangent this time, as Debito.org is not in the habit of talking about the Japanese Imperial System (unless it has an impact on how NJ are treated in Japan, such as here or here).  But this time, check this article out from The Economist.  I will tie it into Debito.org’s themes in commentary below.

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

Japan’s male-only emperor system
Imperial lather
The United Nations fails to stick up for the rights of empresses
Mar 19th 2016 | TOKYO | From the print edition, courtesy of the author
http://www.economist.com/news/asia/21695073-united-nations-fails-stick-up-rights-empresses-imperial-lather

THE progenitor of Japan’s imperial line, supposedly 2,600 years ago, was female: Amaterasu, goddess of the sun. But for most of the time since, all emperors have been male. This has exercised the UN’s Committee on the Elimination of Discrimination against Women. Recently it concluded that Japan should let women inherit the Chrysanthemum throne, too.

It is not clear what Emperor Akihito, who is 82 (and has a hugely popular wife), thinks about this. But the Japanese prime minister blew his top. Shinzo Abe leapt to the defence of a male-only line, saying it was rooted in Japanese history. The panel’s meddling, he said, was “totally inappropriate”. Cowed, it withdrew its recommendation that the law of succession be changed.

Polls suggest that most Japanese would welcome a female monarch. A decade ago a looming succession crisis triggered a robust discussion, led by Junichiro Koizumi, then prime minister and Mr Abe’s political mentor, on whether to allow a woman to ascend the throne. But the birth of Hisahito, a boy prince, ended the debate. A draft law was quietly shelved.

Mr Abe does not share Mr Koizumi’s iconoclasm. An arch-traditionalist, he wants the male-only system preserved to protect the imperial bloodline. But in other ways he has been an unlikely champion of diversity since he came to power (for the second time) in 2012. He has cajoled Japanese firms into promoting more women and urged them to make it easier for them to come back to work after having children.

There is a long way to go. Japan is bottom of the rich world in most rankings of sexual equality. For the past month Mr Abe has struggled with the political fallout from a much-read blog post by a working mother angry at a chronic shortage of day-care places. Still, Mr Abe’s efforts appear to be getting somewhere. From April big companies will have to declare their plans for promoting women. The hope is that this will shame firms that overlook female talent. As for the proportion of board members who are women, it has inched up by a percentage point in the past year—to 2.7%.

The UN committee notes this progress but laments foot-dragging on other issues. Japanese women are still meant to need spousal consent for abortions, it says, even in cases of rape. Divorced women must wait months before remarrying thanks to an archaic rule designed to remove uncertainty over the paternity of unborn children. For most Japanese women, the question of whether or not some future princess can become empress is hardly pressing. But Yoko Shida, a constitutional scholar, says it matters nonetheless. It is, she says, a symbol of discrimination.

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

COMMENT FROM DEBITO:  What’s interesting here is not that Japan protested outside comment about their emperor system (that happens with some frequency), but that the United Nations took it seriously enough to drop the issue.  Pretty remarkable that the UN, which faces criticism for many of its human-rights stances, would be cowed by this. It only encourages Japan’s rabid right to become more reactionary in regards to international criticism — because oversight bodies will possibly retreat if the Abe Admin kicks up a fuss.

When I asked the author a bit more about the reasoning of the UN committee members, he said that nobody on the committee would discuss it with him.  He said he was told that it became a distraction from the report, so they dropped it. Supposedly they felt this was an issue for Japan, not the UN.

Wow, that’s awfully generous. I can imagine numerous countries making the same argument — this contentious point is merely a “distraction” so drop it. Once again, Japan gets geopolitically kid-gloved.  What’s next:  Japan protests UN criticism of its “Japanese Only” practices as “totally inappropriate”?  Actually, Japan essentially has (see also book “Embedded Racism” Ch. 8), but not to the point of the UN withdrawing its criticism.  Yet.  Dr. ARUDOU, Debito

===================================
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Roger Schreffler: Fukushima Official Disaster Report E/J translation differences: Blaming “Japanese culture” an “invention” of PR manager Kurokawa Kiyoshi, not in Japanese version (which references TEPCO’s corporate culture) (UPDATED)

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Hi Blog.  Just before the fifth anniversary of the Fukushima Disasters, let’s revisit a topic Debito.org covered some years ago in this blog post:

Parliamentary Independent Investigation Commission Report on Fukushima Disaster “Made in Japan”: ironies of different Japanese and English versions (Debito.org, July 16, 2012).

Veteran journalist Roger Schreffler has contacted Debito.org to release the following information about the snow job that the person heading up the investigation, a Mr. Kurokawa Kiyoshi, carried out when this report was released in English blaming “Japanese culture” for the disasters (he also blamed foreign inspectors, believe it or not).  It’s a supreme example of successful Gaijin Handling, and most of the overseas media bought into it.  But not everyone, as Roger exposes below.  Read on.  Dr. ARUDOU, Debito

DISCLAIMER appended March 12, 2016 JST:  Debito.org has given this issue space because 1) one of our missions is to provide a voice to underrepresented views, 2) we have reported in the past that having two different versions of the Fukushima Report based on language was odd, and 3) Roger has made his claims under his name and is thus taking responsibility for the contents.  The reportage culture of the FCCJ is also coming under scrutiny in this post, and as a former member of the FCCJ myself I have been a target of bullying and censorship, so it is possible there may be a “there” there in this case.  That said, the views below are Roger’s, and not necessarily those of Debito.org as a whole.  Moreover, again, Roger has put his name to his views to take responsibility, and those who do not comment under their actual names will not have their comments approved IF they direct their criticisms at people by name.  Thus commenters’ names and their claims will be subject to the same level of scrutiny as the names they mention.  (That means in the comments section, “War Dog” has had his posts edited or deleted for engaging in personal attacks.)

////////////////////////////////////////////////////////////
March 8, 2016
Dear Debito,

I don’t think we’ve met, but I am aware of who you are because I authorized an invitation for you to speak at the Foreign Correspondents Club of Japan between 2000 and 2005.

I believe the following information may be of interest to you. The Fukushima commission never concluded that Japanese culture caused the Daiichi plant meltdown.

Kiyoshi Kurokawa worked with a PR consultant, Carlos Ghosn’s former speechwriter, and altered the preface to the overseas edition of the report.

More than 100 media organizations, mostly unwittingly, quoted Kurokawa’s introduction as if it were part of the official report. It was not, of course.

I pitched my article to the press club’s Board of Directors. No response. So now I’m doing it the old-fashioned way – contacting everyone who erroneously reported individually.

Kiyoshi Kurokawa will speak at the Foreign Correspondents’ Club of Japan on Thursday, March 10, the day before the fifth anniversary of the 3/11 earthquake, tsunami and Fukushima nuclear accident.

Kurokawa spoke at the club in July 2012 as chair of a parliamentary commission set up to investigate the causes of the worst nuclear disaster since Chernobyl. More than 150 foreign news organizations, government agencies and NGOs attributed blame to ‘Japanese culture’.

It was an invention.

Nowhere in the 641-page main report and 86-page executive summary can one find the widely quoted expressions “Made in Japan disaster” and “ingrained conventions of Japanese culture (including) reflexive obedience, groupism and insularity.”

In fact, all references to culture (文化) involve TEPCO – TEPCO’s corporate culture, TEPCO’s organizational culture, and TEPCO’s safety culture.

It turns out that Kurokawa retained a PR consultant to hype the report’s English edition for overseas distribution including to foreign media organizations such as AFP, BBC, CNN, Fox News and more than 100 others (see attached list).

I have reported this matter to the Board of Directors of the Foreign Correspondents’ Club of Japan because the consultant, a former speechwriter for Nissan CEO Carlos Ghosn, was working as publisher and editor of the club’s magazine at the time of the news conference; in fact, on the day of the news conference.

It may be true that Japanese culture is to blame for the Fukushima disaster. But it isn’t what the commission concluded and submitted formally (in Japanese) to the Diet on July 5, 2012.

Attached are records showing the commission’s hiring and financial relationship with the consultant (click on links to pdf files):
1. Attachments for report

2. Kurokawa statements in Fukushima commission report

3. media outlets fukushima

4. Attachment 1..

I have downplayed the FCCJ’s involvement because it is my hope that the club’s Board of Directors will address this matter in an open and transparent way. Unfortunately, the current BOD is under attack because they settled three litigations last December (two by staff and one by members) over the firing of 50 employees.

I proposed an article to the club’s magazine in August 2013 in which I summarized evidence that had been submitted to the courts. I was refused. But had the magazine published my article, there is a good chance that the lawsuits could have been settled then, saving the club nearly ¥25 million in legal fees. That’s nearly $200,000.

This time again, I have asked for space in the magazine. No response.

If you read the club’s notice, you won’t find a single reference to the fact that Kurokawa hired a club fiduciary to help alter an official, taxpayer-funded report. Or that there was controversy over the translation.

http://www.fccj.or.jp/events-calendar/press-events/icalrepeat.detail/2016/03/10/3955/-/press-conference-kiyoshi-kurokawa-author-of-capture-of-regulatory.html

Mure Dickie of the Financial Times is the only reporter who reported the translation discrepancies on the day of the FCCJ news conference: http://www.ft.com/cms/s/0/94fba34a-c8ee-11e1-a768-00144feabdc0.html

Dickie, of course, didn’t know that these weren’t ‘translation’ mistakes.

It is not uncommon for newsmakers to hire PR consultants to help with their messaging. What is uncommon – and almost without precedent – is for the consultant to be an editor of a publication that has an interest in the news event in question – and that publishes a report about that event.

As you are aware, Asahi Shimbun took a brutal beating for altering the testimony of the late Masao Yoshida, the Fukushima Daiichi plant manager.

How is this different?

Kurokawa signed off on the rewrite; it wasn’t a translation. But the commission didn’t approve. I contacted the commission two weeks after the news conference. They said: “Refer to the Japanese, the official.”

The club’s magazine was founded by two AP legends – Max Desfor (pictured on the lobby wall with his Pulitzer Prize winning Korean War photograph) and John Roderick (pictured with Mao Zedong).

I shudder to think of what they would say if they knew that the magazine was now in the hands of a PR specialist and a one-time tabloid magazine editor who, by extension, now decide what constitutes ‘news’.

For your reference: I am a 30-year veteran journalist, have never worked for a major news organization though did plenty of freelance work. I also served as FCCJ president (once), vice president (twice) and BOD director (twice). I chaired the club’s speaker program for five years and signed off on 800 press luncheons including the last sitting Japanese prime minister, Junichiro Koizumi, on Sept. 14, 2001.

Sincerely, Roger Schreffler, Providence RI & Tokyo

ENDS

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

FCCJ Writeup on Kurokawa Kiyoshi Presser on March 10, 2016:

Thursday, March 10, 2016, 12:00 – 13:00

5th Anniversary Series for 3.11 Disaster 

FCCJKurokawaKiyoshi031016
Kiyoshi Kurokawa
Author of “Regulatory Capture”
Language: The speech and Q & A will be in English.

http://www.fccj.or.jp/events-calendar/press-events/icalrepeat.detail/2016/03/10/3955/-/press-conference-kiyoshi-kurokawa-author-of-capture-of-regulatory.html

 Five years after the Fukushima nuclear disaster, Japan is in the process of restarting more reactors and has made some progress in the cleanup and decommissioning of the wrecked plant. Meanwhile, there are still some 100,000 evacuees from around the Fukushima site.

 A new independent nuclear watchdog has also been set up along with new regulations prompted by Fukushima. But the Nuclear Regulatory Authority is under pressure from politicians and utilities to process restart applications more quickly and to be less strict on seismic issues and other matters. Equally important are the questions as to what lessons plant operators have learned from the unprecedented triple meltdown. Recent problems with restarts and disclosure by the utilities, among other issues, aren’t reassuring.

 At this critical juncture, Kiyoshi Kurokawa, the former chairman of the National Diet of Japan Fukushima Nuclear Accident Independent Investigation Commission, will come to the Club to talk about his new book “Regulatory Capture,” and answer questions about what has happened since the Fukushima accident. In the introduction to his 2012 Diet report, Kurokawa was scathing in his criticism of regulators and utilities, saying, “It was a profoundly man‐made disaster – that could and should have been foreseen and prevented.”

 In his new book, in addition to describing the set up of the commission and its investigation of the Fukushima accident, he talks about Japan not learning the necessary lessons from it and applying them to prevent accidents in the future.”

 “If there are major accidents or problems in areas other than nuclear power, Japan will make the same mistakes again, become isolated and lose the trust of the international community. The Fukushima nuclear accident is not over yet. Japan must seize the opportunity to change itself, or else its future will be in danger,” he says.

 Dr. Kurokawa, MD and MACP, is an adjunct professor at the National Graduate Institute for Policy Studies, chairman of the Health and Global Policy Institute, chairman of the Global Health Innovative Technology Fund and professor emeritus at the University of Tokyo.Please reserve in advance, 3211-3161 or on the website (still & TV cameras inclusive). Reservations and cancellations are not complete without confirmation.

Professional Activities Committee

ENDS

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

UPDATE MARCH 11, 2016 JST, FOLLOWING FCCJ PRESS CONFERENCE, FROM ROGER SCHREFFLER: 

Debito,

As a followup: The moderator asked Kurokawa [at the FCCJ on March 10, 2016) about the differences in the English and Japanese version of the report’s executive summary. Kurokawa admitted that the ‘content’ was different. What this means is that the content turned over to the Diet on July 5, 2012 (both houses) was different than what he reported to the nonJapanese-speaking world.

Listen for yourself to his answer [to a question from the AP, who moderated the meeting, available on the FCCJ website for members only.  Here’s an audio file of the question (an excerpt from minute 34 on the recording, for 3:26, in WMA format. Kurokawa press conference and .mp3 format:

where he now blames other factors on the outcome, such as a lack of time, him summarizing his own personal opinion for the report, and the lack of concision in the Japanese language.] 

Later on, Kurokawa equated his Japanese cultural references to Ruth Benedict, Samuel Huntington, Karel van Wolferen and John Dower.

Which leaves one unanswered question: Who wrote it?

The Associated Press followed up with a question about the translation team. Kurokawa mentioned an acquaintance of his, Sakon Uda, who was ‘managing director’ of the project and currently works for Keniichi Ohmae at Ohmae’s graduate school of business.

I don’t know if the AP will follow up. But the AP was one of only three media organizations, the other being the Financial Times and The New York Times, that pointed out discrepancies in the Japanese and English reports in summer 2012.

The rest – even those who attended Kurokawa’s July 6, 2012 news conference where he admitted to there being differences in the ‘translation’, but not ‘content’ – followed like a herd and didn’t report that there was a discrepancy between the ‘official’ and the one for ‘gaijin’.

Following is the translation of the official Japanese introduction. Kurokawa talks about ‘mindset’ (思いこみ and マインドセット) but not ‘culture’.

Best, Roger Schreffler

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

Preface of Kurokawa Kiyoshi’s Statements (from the full text)

THE FUKUSHIMA DAIICHI NUCLEAR POWER PLANT ACCIDENT IS NOT OVER.

This large-scale accident will forever remain part of the world’s history of nuclear power. The world was astounded at the fact that such an accident could occur in Japan, a scientifically and technologically advanced country. Caught in the focus of the world’s attention, the Japanese government and Tokyo Electric Power Co. (TEPCO) revealed, in their response to the disaster, some fundamental problems underlying Japanese society.

The Fukushima Daiichi Nuclear Power Plant was the third nuclear power plant to start commercial operation in Japan. Japan began to study the commercial use of nuclear power in the 1950s. Following the oil crisis of the 1970s, nuclear power generation became part of Japan’s national policy, unifying the political, bureaucratic, and business circles into one entity promoting its use.

Nuclear power is not only the most incredibly powerful energy ever acquired by the human race, but a colossally complicated system that requires extremely-high levels of expertise as well as operational and management competence. Advanced countries have learned lessons through experience and from many tragic events, including the Three Mile Island and Chernobyl accidents. Authorities in charge of the world’s nuclear power have maintained a basic stance of protecting people and the environment from all sorts of accidents and disasters, while nuclear operators have evolved in sustaining and enhancing the safety of equipment and operations.

Japan has itself dealt with a number of nuclear power plant accidents, small and large. Most of these were responded to, but without sufficient transparency; sometimes they were concealed by the organizations concerned. The government, together with TEPCO, the largest of the country’s ten utilities, promoted nuclear power by advocating its use as a safe energy source, while maintaining that accidents could not occur in Japan.

Consequently, the Japanese nuclear power plants were to face the March 11 earthquake totally unprepared.

Why did this accident, which should have been foreseeable, actually occur? The answer to this question dates to the time of Japan’s high economic growth. As Japan pushed nuclear power generation as national policy with the political, bureaucratic, and business circles in perfect coordination, an intricate form of “Regulatory Capture” was created.

The factors that contributed to this include: the political dominance by a single party for nearly half a century; the distinct organizational structure of both the bureaucratic and business sectors, characterized by the hiring of new university graduates as a group; the seniority-based promotion system; the lifetime employment system; and the “mindset” of the Japanese people that took these for granted. As the economy developed, Japan’s “self- confidence” started to develop into “arrogance and conceit.”

The “single-track elites”—who make their way to the top of their organization according to the year of their entry into the company or the ministry—pursued the critical mission of abiding by precedent and defending the interests of their organization. They assigned a higher priority to this mission over that of protecting the lives of the people. Hence, while being aware of the global trends in safety control, Japan buried its head in the sand and put off implementing necessary safety measures.

We do not question the exceptional challenge entailed in the response to the vast scale of the disaster created by the earthquake, tsunami and the nuclear accident on March 11, 2012. Furthermore, we understand that the accident occurred a mere eighteen months after the historical change in power, the birth of a new (non-Liberal Democratic Party) government for the first time in some fifty years.

Were the government, regulators and the operator prepared to respond to a severe nuclear accident? Did they truly understand the weight of responsibility they bore in their respective positions? And were they fully committed to fulfill those responsibilities? To the contrary, they showed questionable risk management capabilities by repeatedly saying that circumstances were “beyond assumptions” and “not confirmed yet.” This attitude actually exacerbated the damage that eventually impacted not only Japan, but the world at large. Undeniably, this accident was a “manmade disaster” that stemmed from the lack of a sense of responsibility in protecting the lives of the people and the society by present and past government administrations, regulators and TEPCO.

Nine months after this massive accident, the Fukushima Nuclear Accident Independent Investigation Commission was established by a unanimous resolution of both the House of Representatives and the House of Councilors of the National Diet, which represent the people of Japan. It is the first investigation commission in Japan’s history of constitutional government, and is independent both from the government and from the operator, as set up under the National Diet of Japan.

To investigate what was at the center of this accident, we could not but touch upon the root of the problems of the former regulators and their relationship structure with the operators. The Commission chose three keywords as the bases of our investigative activities: the people, the future and the world. We defined our mission with phrases such as “conducting an investigation on the accident by the people for the people,” and “to submit recommendations for the future based on the lessons learned from the mistakes,” and “to investigate from the standpoint of Japan’s status as a member of international society (Japan’s responsibility to the world.)” This report is the fruit of six months of investigative activities carried through with a few constraints.

About a century ago, Kanichi Aasakawa, a great historian born and raised in Fukushima, blew the whistle in a book titled Nihon no kaki (“Crisis for Japan”). It was a wake-up call concerning the state model of Japan after the victory in the Japanese-Russo War. In his book, he accurately predicted the path that Japan, with its “inability to change,” would take after the war’s end.

How now will Japan deal with the aftermath of this catastrophe, which occurred as a result of Japan’s “inability to change”? And how will the country, in fact, change subsequently? The world is closely watching Japan, and we, the Japanese people, must not throw this experience away. It is an opportunity, in turn, to drastically reform the government that failed to protect the livelihood of its people, the nuclear organizations, the social structure, and the “mindset” of the Japanese—thereby regaining confidence in the country. We hope this report serves as the first step for all Japanese to evaluate and transform ourselves in terms of the state model that Japan should pursue.

Last but not least, I strongly hope from the bottom of my heart that the people of Fukushima—particularly the children upon whose shoulders rest the future of Japan—will be able to resume their lives of peace as soon as possible. I would also like to express my deepest gratitude to the people all over of the world who extended their warm assistance and encouragement in the wake of this devastating accident. My sincere thanks also go to the many people who kindly cooperated and supported our investigation, the members of the Diet who unswervingly strove to make this National Diet’s investigation commission a reality, and all the staff of the commission office for their many days and nights of work.

Kiyoshi Kurokawa
ENDS

JT: Japan’s public baths hope foreign tourists and residents will keep taps running; oh, the irony!

mytest

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Hi Blog.  Here’s another quick one that’s just dying for a shout-out specially on Debito.org for its delightful irony:

In yet another example of how Japan’s economy is not going to save itself unless it allows in and unlocks the potential of its foreign residents, here we have the flashpoint issue for “Japanese Only” signposted exclusionism: public baths (sento or onsen).  As per the Otaru Onsens Case (which has inspired two books), we had people who did not “look Japanese” (including native-born and naturalized Japanese citizens) being refused by xenophobic and racist bathhouse managers just because they could (there is no law against it in Japan).

Now, according to the Japan Times below (in a woefully under-researched article), the bathhouse industry is reporting that they are in serious financial trouble (examples of this were apparent long ago:  here’s one in Wakkanai, Hokkaido that refused “foreigners” until the day it went bankrupt).  And now they want to attract foreign tourists.  It’s a great metaphor for Japan’s lack of an immigration policy in general:  Take their money (as tourists or temporary laborers), but don’t change the rules so that they are protected against wanton discrimination from the locals.  It’s acceptance with a big, big asterisk.

Admittedly, this is another step in the right direction.  But it’s one that should have been done decades ago (when we suggested that bathhouse rules simply be explained with multilingual signs; duh).  But alas, there’s no outlawing the racists in Japan, so this is one consequence.  Dr. ARUDOU, Debito

Japan’s public baths hope foreign tourists will help keep the taps running
BY SATOKO KAWASAKI, STAFF PHOTOGRAPHER
THE JAPAN TIMES, JANUARY 5, 2016
http://www.japantimes.co.jp/news/2016/01/05/national/japans-public-baths-hope-foreign-tourists-will-help-keep-the-taps-running/

Japan’s public baths, known as sento, represent an institution with hundreds of years of history. They provided an important public service in the days before homes had their own hot-water bathtubs.

Sento can range in style from simple hot springs piped into a large tub to modern facilities resembling theme parks and offering a range of therapies.

In the Edo Period (1603-1868), sento were so popular that every town had on. They were important centers of the community.

Sento are on the decline both because homes now have fully fledged bathrooms and because retiring operators find it hard to find successors to take on their businesses. There are now around 630 establishments in Tokyo, down from 2,700 in 1968, a peak year for sento.

Faced with this trend, the Tokyo Sento Association is trying to tap demand from non-Japanese residents and tourists.

It has installed explanatory signs at each facility showing non-Japanese speakers how to use a sento in five languages. It also plans to create an app for people to search for sento in English.

ENDS

Japan Times JUST BE CAUSE 94 Annual Top Ten: “Battles over history, the media and the message scar 2015”, Jan. 3, 2016

mytest

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Hi Blog. My latest Just Be Cause column 94 for the Japan Times Community Page:

JUST BE CAUSE
justbecauseicon.jpg
Battles over history, the media and the message scar 2015
BY DEBITO ARUDOU
THE JAPAN TIMES, JAN 3, 2016

2015 was another year of a few steps forward but many steps back in terms of human rights in Japan. The progressive grass roots consolidated their base and found more of a voice in public, while conservatives at the top pressed on with their agenda of turning the clock back to a past they continue to misrepresent. Here are the top 10 human rights issues of the year as they affected non-Japanese residents:

10) NHK ruling swats ‘flyjin’ myth

In November, the Tokyo District Court ordered NHK to pay ¥5.14 million to staffer Emmanuelle Bodin, voiding the public broadcaster’s decision to terminate her contract for fleeing Japan in March 2011. The court stated: “Given the circumstances under which the Great East Japan Earthquake and Fukushima No. 1 plant’s nuclear accident took place, it is absolutely impossible to criticize as irresponsible her decision to evacuate abroad to protect her life,” and that NHK “cannot contractually obligate people to show such excessive allegiance” to the company.

This ruling legally reaffirmed the right of employees to flee if they feel the need to protect themselves. So much for the “flyjin” myth and all the opprobrium heaped upon non-Japanese specifically for allegedly deserting their posts…

Rest at http://www.japantimes.co.jp/community/2016/01/03/issues/battles-history-media-message-scar-2015/

The Year in Quotes: “Much jaw-jaw about war-war” (my latest for the JT), Foreign Element column, Dec. 23, 2015

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Here is my latest for the JT. I love year-end roundups, and this year I was given the privilege of compiling the year in quotes.  Fuller version follows with more quotes that didn’t make the cut and links to sources. Dr. ARUDOU, Debito

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

ISSUES | THE FOREIGN ELEMENT
Much jaw-jaw about war-war: the year 2015 in quotes
BY DEBITO ARUDOU
DEC 23, 2015, THE JAPAN TIMES

Published version at http://www.japantimes.co.jp/community/2015/12/23/issues/much-jaw-jaw-war-war-year-2015-quotes/

The past year has seen a number of tensions and tugs-of-war, as conservatives promoted past glories and preservation of the status quo while liberals lobbied for unprecedented levels of tolerance. This year’s Community quotes of the year column will break with tradition by not giving a guided tour of the year through quotations, but rather letting the words stand alone as capsule testaments to the zeitgeist.

“I cannot think of a strategic partnership that can exercise a more profound influence on shaping the course of Asia and our interlinked ocean regions more than ours. In a world of intense international engagements, few visits are truly historic or change the course of a relationship. Your visit, Mr. Prime Minister, is one.”
— Indian Prime Minister Narendra Modi, during his Japanese counterpart Shinzo Abe’s December trip to India, where agreements were reached on infrastructure investment (including a much-feted high-speed train), nuclear energy cooperation, classified intelligence sharing and military hardware sales to deter China from encroaching upon the Indian Ocean.
http://www.japantimes.co.jp/news/2015/12/14/national/politics-diplomacy/japan-picked-china-build-indias-high-speed-rail-link-15-billion-deal/

“Since taking office, I’ve worked to rebalance American foreign policy to ensure that we’re playing a larger and lasting role in the Asia Pacific — a policy grounded in our treaty alliances, including our treaty with Japan. And I’m grateful to Shinzo for his deep commitment to that alliance. He is pursuing a vision of Japan where the Japanese economy is reinvigorated and where Japan makes greater contributions to security and peace in the region and around the world.”
— U.S. President Barack Obama, during a joint press conference marking Abe’s visit to the United States in April, during which he became the first Japanese leader to address both houses of Congress.
https://www.whitehouse.gov/the-press-office/2015/04/28/remarks-president-obama-and-prime-minister-abe-japan-joint-press-confere

“If Japan gets attacked, we have to immediately go to their aid. If we get attacked, Japan doesn’t have to help us.”
— Donald Trump, U.S. Republican presidential candidate, on the stump.
http://www.japantoday.com/category/quote-of-the-day/view/if-japan-gets-attacked-we-have-to-immediately-go-to-their-aid-if-we-get-attacked-japan-doesnt-have-to-help-us

“Administrative bodies must leave records. Without records, how could the public as well as experts examine the process in the future?”
— Shinichi Nishikawa, professor of politics at Meiji University, commenting in September on the Abe administration’s lack of records on internal discussions behind the historical reinterpretation of the Constitution in 2014, which led to the lifting of the long-held ban on collective self-defense, potentially enabling Japanese troops to fight overseas for the first time since World War II.
http://www.japantimes.co.jp/news/2015/09/28/national/politics-diplomacy/government-skipped-recording-debate-over-constitutional-reinterpretation/

“I have been really annoyed by this issue. … I have nothing to do with the design. Whatever (stadium) might be built, my committee would not have anything to do with it.”
— Yoshiro Mori, head of the 2020 Tokyo Olympic Games’ Organizing Committee, handling flak in July over plans for the new National Stadium, which were eventually abandoned after its budget doubled without any public explanation.
http://www.japantimes.co.jp/news/2015/07/22/national/mori-denies-role-failed-stadium-bid/

“Does local autonomy or democracy exist in Japan? Is it normal that Okinawa alone bears the burden? I want to ask (these questions) to all of the people [of Japan],”
— Okinawa Governor Takeshi Onaga, criticizing the Japanese government in December for its plan to relocate US Marine Corps Air Station Futenma to Henoko, despite strong popular protests about environmental damage and Okinawa’s disproportionate hosting of American military bases in Japan.
http://www.japantimes.co.jp/opinion/2015/12/06/editorials/legal-showdown-henoko/

“Despite the principle of separation of powers, the judiciary in Japan tends to subordinate itself to the administrative branch. I think it will be very difficult for the prefectural government to win the suit.”
— Former Okinawa Governor Masahide Ota commenting in November on the lawsuit between Okinawa Prefecture and the central government over the Henoko Base construction plan, based upon his experience twenty years ago when he lost a case in Japan’s Supreme Court over denying leases of local lands for US military use.
http://www.japantimes.co.jp/news/2015/11/17/national/politics-diplomacy/former-okinawa-governor-raps-japanese-government-suit-u-s-base/

“In March, an internal document of the SDF was exposed in a Lower House Budget Committee meeting, showing a plan to permanently station about 800 Japanese Ground Self Defense Force troops at U.S. Marine Camp Schwab at Henoko and other U.S. facilities in Okinawa.”
— Sentaku monthly magazine, commenting in July on the probable future use of US bases by the Japanese military in light of increasing tensions with China.
http://www.japantimes.co.jp/opinion/2015/07/28/commentary/japan-commentary/henoko-base-eventually-will-be-used-by-the-sdf/

“Should we leave terrorism or weapons of mass destruction to spread in this region, the loss imparted upon the international community would be immeasurable… I will pledge assistance of a total of about 200 million U.S. dollars for those countries contending with ISIL, to help build their human capacities, infrastructure, and so on.”
— Prime Minister Shinzo Abe, pledging non-military assistance for Middle-Eastern Countries battling Islamic State, in January.
http://www.reuters.com/article/us-mideast-crisis-japam-idUSKBN0KQ07L20150117

“Abe, because of your reckless decision to take part in an unwinnable war, this knife will not only slaughter Kenji, but will also carry on and cause carnage wherever your people are found. So let the nightmare for Japan begin.”
— Terrorist “Jihadi John” of the Islamic State, in a video message to the Government of Japan in January showing footage of journalist Kenji Goto’s beheading after being taken hostage.
http://leaksource.info/2015/01/31/graphic-video-islamic-state-beheads-japanese-journalist-kenji-goto/

“The Japanese government didn’t make due efforts to save my son. It was simply remiss in its duties. I believe my son died a tragic death because the government did nothing. I demand that it conduct a thorough soul-searching.”
— Junko Ishido, mother of Kenji Goto, in a statement in May denouncing the Japanese government’s handling of the hostage crisis.
http://www.japantimes.co.jp/news/2015/05/26/national/gotos-mother-alleges-government-inaction-led-sons-death-hands-islamic-state/

“差別のない世界を子どもたちに” “難民歓迎” “民主主義を肯定“
“Give children a world without discrimination.” “Refugees welcome” “Reaffirming democracy.”
— Slogans shouted by 2,500 demonstrators at a third-annual Tokyo Democracy March in November in Shinjuku, Tokyo.
http://www.jcp.or.jp/akahata/aik15/2015-11-23/2015112301_04_1.html
https://www.debito.org/?p=13675

“There are 100 million voters in Japan. What percent of them are protesting in front of the Diet? The number is insignificant. I’m not denying their right to protest. But it’s wrong for the national will to be decided by such a small number of demonstrators.”
— Osaka Mayor Toru Hashimoto, regarding a demonstration in August that organizers said drew 120,000 people to protest security legislation that paves the way for the deployment of Japanese troops abroad to fight in defense of allies even when Japan is not directly threatened.
http://www.japantoday.com/category/quote-of-the-day/view/its-a-denial-of-democracy-if-just-that-many-protesters-would-be-enough-to-decide-the-will-of-the-nation-the-number-of-voters-in-japan-is-100-million-the-protesters-in-front-of-the-diet-would-be-no

“Their claims are based on their self-centered and extremely egoistic thinking that they don’t want to go to war. We can blame postwar education for such widespread selfish individualism.”
— LDP Diet Member Takaya Muto, 36, criticizing university students protesting the aforementioned controversial security bills in August.
http://www.japantoday.com/category/quote-of-the-day/view/their-claims-are-based-on-their-self-centered-and-extremely-egoistic-thinking-that-they-dont-want-to-go-to-war-we-can-blame-postwar-education-for-such-widespread-selfish-individualism

“Since we started our activities as an ‘emergency action,’ and many of our members are slated to graduate from universities soon, SEALDs will dissolve after next summer’s Upper House election. After that, if individual persons want to take action or create another movement, they are free to do so.”
— Mana Shibata, 22, organizer of the prominent Students Emergency Action for Liberal Democracy, speaking at a news conference in October at the Foreign Correspondents’ Club of Japan.
http://www.japantimes.co.jp/news/2015/10/28/national/politics-diplomacy/anti-war-student-organization-close-shop-upper-house-poll/

“It’s not only pre-war nostalgia. He needed to step up the rhetoric for the election. But I don’t think it’s coincidental that something related to wartime propaganda came up.”
— Sven Saaler, history professor at Sophia University, on Abe’s new goal of building a “Society in which all 100 million people can play an active role,” and how it is redolent of an old martial mobilization slogan.
http://uk.reuters.com/article/uk-japan-abe-slogan-idUKKCN0RW0SO20151002

“People come up to me every day and ask, ‘What happened to women’s empowerment?’ ”
— Masako Mori, former cabinet minister in charge of grappling with Japan’s declining birthrate, noting how as soon as Abe launched his “100 million active people” catchphrase in September, his previous one about empowering women disappeared.
http://www.japantoday.com/category/quote-of-the-day/view/people-come-up-to-me-every-day-and-ask-what-happened-to-womens-empowerment

“There’s something wrong about exploiting underprivileged women from abroad to do household work in the name of boosting female labor participation in Japan. Men’s share of housework has not yet been discussed sufficiently.”
— Motoko Yamagishi, secretary general of Solidarity Network with Migrants Japan, speaking in November about the foreign workers being imported as maids and household workers on an experimental basis in Osaka and Kanagawa, which have been designated as “special economic zones” where some labor protections do not apply.
http://www.japantoday.com/category/quote-of-the-day/view/theres-something-wrong-about-exploiting-underprivileged-women-from-abroad-to-do-household-work-in-the-name-of-boosting-female-labor-participation-in-japan-mens-share-of-housework-ha

“International Court of Justice judges are not necessarily experts in marine resources.”
— An unnamed Foreign Ministry spokesman in October, confirming that Japan will no longer respond to lawsuits filed over whaling issues. Japan later announced it would resume “research” whaling in 2016 despite the ICJ having ruled that the program was anything but scientific.
http://www.japantoday.com/category/quote-of-the-day/view/icj-judges-are-not-necessarily-experts-in-marine-resources
http://www.theguardian.com/world/2015/nov/29/japan-to-resume-whaling-programme

赴任前、入会していた日本外国特派員協会で、日本語ができない外国人記者たちが偏向した「反日」記事を世界に発信しているのを苦々しく感じた。日本も日本語能力を外国人特派員へのビザ発給の条件にしたらどうだろうか。正しい日本理解につながるかもしれない。
“When I was a member of the Foreign Correspondents Club of Japan, I had a bitter feeling that foreign reporters who don’t understand the Japanese language are filing biased ‘anti-Japan’ articles worldwide. How about Japan making Japanese language ability a condition for issuing a visa? That might lead to a correct understanding of Japan.”
— Author Noburu Okabe in a column earlier this month in the conservative Sankei Shimbun.
http://www.sankei.com/column/news/151215/clm1512150004-n1.html
http://www.fccj.or.jp/number-1-shimbun/item/639-new-members-in-july/639-new-members-in-july.html

“In Japan, the postwar generations now exceed eighty per cent of its population. We must not let our children, grandchildren, and even further generations to come, who have nothing to do with that war, be predestined to apologize. Still, even so, we Japanese, across generations, must squarely face the history of the past. We have the responsibility to inherit the past, in all humbleness, and pass it on to the future.”
— Shinzo Abe’s Statement on the 70th Anniversary of the end of World War II, in August.
http://japan.kantei.go.jp/97_abe/statement/201508/0814statement.html

“But, focusing on the vocabulary, some observers failed to notice that Abe had embedded these words [of apology and remorse] in a narrative of Japanese history that was entirely different from the one that underpinned previous prime ministerial statements. That is why his statement is so much longer than theirs. So which past is the Abe statement engraving in the hearts of Japanese citizens? …The problem with Abe’s new narrative is that it is historically wrong.”
— Historian Tessa Morris-Suzuki commenting shortly afterwards on how Abe’s WWII Statement fails History 101.
http://www.eastasiaforum.org/2015/08/18/abes-wwii-statement-fails-history-101/

やはり従軍慰安婦の問題というのは正式に政府のスタンスというのがよくまだ見えませんよね。そういう意味において、やはり今これを取り上げてですね、我々が放送するということが本当に妥当かどうかということは本当に慎重に考えなければいけないと思っております。
“Regarding the ‘comfort women’ issue, I can’t see an official government stance on it yet. So for that reason, I think it’s very important to consider very prudently whether it is appropriate for us to take it up for broadcast.”
— NHK Director-General Katsuto Momii, revealing the national broadcaster’s lack of independence from the government vis-à-vis reporting on issues surrounding Japan’s government-sponsored wartime sexual slavery.
http://www.asahi.com/articles/ASH256DRYH25UCVL01P.html
http://www.nytimes.com/2015/04/27/world/asia/in-japan-bid-to-stifle-media-is-working.html

もう20−30年も前に南アフリカ共和国の実情を知って以来、私は、居住区だけは、白人、アジア人、黒人というふうに分けて住む方がいい、と思うようになった。
“After 20-30 years knowing the situation in The Republic of South Africa, I have come to believe that whites, Asians and blacks should be separated and live in different residential areas.”
— Ayako Sono, novelist and former Abe Cabinet adviser on education reform, in another Sankei Shimbun column, this one in February advising that a similar policy be instituted in Japan.
https://www.debito.org/?p=13061

“Already we have more foreigners than registered dogs.”
— Hiroaki Noguchi, a Liberal Democratic Party assemblyman in Kawaguchi, Saitama Prefecture, while asking questions earlier this month about the number of foreign residents who had allegedly not paid their taxes.
http://www.japantimes.co.jp/news/2015/12/13/national/saitama-assemblyman-apologizes-remark-number-registered-dogs-foreigners/

“Municipalities can offer the biggest support to same-sex couples who face hardships in everyday life. We want to deliver this message: Don’t worry on your own, we are with you.”
— Tomoko Nakagawa, mayor of Takarazuka, Hyogo Prefecture, which announced in November that it was joining two Tokyo wards in legally recognizing same-sex partnerships as being equivalent to marriage.
http://www.japantimes.co.jp/news/2015/11/30/national/social-issues/another-japanese-city-to-recognize-same-sex-unions/

“Our children will still be around in 2100, and that’s the perspective we need to remember.”
— Japanese Environment Minister Tamayo Marukawa, speaking in the lead-up to the December Paris talks on climate change, which led to a historic agreement by 196 countries to limit carbon emissions and forest degradation before global warming reaches irreversible levels.
http://www.japantoday.com/category/quote-of-the-day/view/our-children-will-still-be-around-in-2100-and-thats-the-perspective-we-need-to-remember http://www.nytimes.com/interactive/2015/12/12/world/paris-climate-change-deal-explainer.html

“Other advanced countries prioritize political education. Things like mock elections should be promoted for students in Japan. If young people aren’t encouraged to participate in politics, we’ll end up with politics only for the elderly.”
— Tokyo University education professor Shigeo Kodama, an education professor at the University of Tokyo, commenting in the lead-up to the lowering of Japan’s legal voting age from 20 to 18 in June.
http://www.japantoday.com/category/quote-of-the-day/view/other-advanced-countries-prioritize-political-education-things-like-mock-elections-should-be-promoted-for-students-in-japan-if-young-people-arent-encouraged-to-participate-in-politics-we

“Young people aren’t hanging around places for a long time as much as they used to. It’s tough to know what they’re doing and where. Police haven’t been able to keep up with the spread of social networks. It’s getting harder to grasp what’s happening.”
— An unnamed senior National Police Agency official speaking in March about the ills of social media on Japan’s youth.
http://www.japantoday.com/category/quote-of-the-day/view/young-people-arent-hanging-around-places-for-a-long-time-as-much-as-they-used-to-its-tough-to-know-what-theyre-doing-and-where-police-havent-been-able-to-keep-up

“If you come across children alone at night, please ask them, ‘What are you doing?’ If this is difficult, it’s also OK to contact the police and other authorities.”
— Mieko Miyata, director of the Japan Research Institute of Safer Child Education, speaking after two junior high school children were found dead after they had spent a night hanging around the streets of Neyagawa, Osaka Prefecture, in August.
http://www.japantoday.com/category/quote-of-the-day/view/if-you-come-across-children-alone-at-night-please-ask-them-what-are-you-doing-if-this-is-difficult-its-also-ok-to-contact-the-police-and-other-authorities

“The Trans-Pacific Partnership (TPP) establishes in the Asia-Pacific a free, fair and open international economic system with countries that share the basic values of freedom, democracy, basic human rights and the rule of law.”
— Prime Minister Abe, in a response to the Trans-Pacific Partnership agreement struck between 12 Pacific Rim economies in October.
http://www.reuters.com/article/us-trade-tpp-abe-idUSKCN0S004920151006

“The TPP could violate the Japanese right to get stable food supply, or the right to live, guaranteed by Article 25 of the nation’s Constitution.”
— Masahiko Yamada, Agriculture Minister under previous Prime Minister Yoshihiko Noda, filing a lawsuit against the government to halt Japanese involvement in TPP talks in May.
http://www.japantimes.co.jp/news/2015/05/15/national/crime-legal/ex-minister-turns-courts-bid-keep-japan-tpp-talks

“Japan is full of Chinese, they ask to go to places with none. That’s a difficult one to handle.”
— Yasushi Nakamura, President of Hato Bus Co., commenting in November on the ubiquity of Chinese tourists in Japan in 2015.
http://www.japantimes.co.jp/news/2015/11/12/business/aboard-tokyos-yellow-hato-bus-china-tourists-surge/

“In the trash collection areas on each floor, you’ll see veritable mountains of discarded boxes for cosmetics, shoes, small electrical appliances and so on. And they don’t even bother to flatten and tie them up for pickup. I had to go to the building custodian for assistance.”
— Unnamed resident complaining about Chinese tourists engaging in bakugai (“explosive buying”), leaving their rubbish in apartment complexes they have rented out to avoid recently-inflated hotel prices.
http://www.japantimes.co.jp/news/2015/12/12/national/media-national/no-tolerance-inns-chinas-shoppers/

“The Self-Defence Forces are trying to brainwash students without leaving any evidence behind.”
— Parent of a school student in Shiga, complaining in October about the SDF distributing recruitment messages on toilet paper to six junior high schools in the prefecture.
http://www.japantoday.com/category/quote-of-the-day/view/the-sdf-is-trying-to-brainwash-students-without-leaving-any-evidence-behind

ENDS

WSJ: PM Abe Shinzo First Non-American to Win Conservative Hudson Institute Award — and other American neocons egging on Japan’s remilitarization

mytest

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Hi Blog.  Now here’s something interesting (and geopolitical, but positive overseas recognition like this helps keep Abe’s popularity ratings up (and the money to the LDP rolling in, and Japan’s right-wing swing swinging, etc.):

According to the article below, less than a year after being returned to power and decimating Japan’s Leftists, PM Abe received this award from an American conservative think-tank.  It’s clear that conservative elements in the hegemon wish Japan to have a leader like Abe honored and in power.  I’m not quite sure why.  It would be facile to think it’s merely because the US wants to maintain bases and a weapons market, or even contain China.  No, think tanks like these are also grounded in morals and values that transcend economics and politics (such as, in this case, Abe’s alleged dedication to “democratic ideals”).  The funny thing is, these people seem to think Abe shares their values.  He really doesn’t, unless these people are fundamentally positive towards a racialized reorientation of Asia, where Japanese bigots settle old historical scores, pick fights, destabilize the region, and return Asia back on the course of an arms race.  I’m probably missing something (again, this isn’t quite my field), but I’m aghast at the short-sightedness of American neocons (especially, as noted below, the Heritage Foundation egging on the Ishiharas to purchase the disputed Senkaku rocks and inflame Sino-Japanese tensions).  As I was the similar short-sightedness of the Obama Administration honoring Abe years later (see also here).  I don’t think they understand what Frankenstein they’re creating.  Dr. ARUDOU, Debito

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

Abe First Non-American to Win Conservative Hudson Institute Award
Wall Street Journal Sep 23, 2013
http://blogs.wsj.com/japanrealtime/2013/09/23/abe-first-non-american-to-win-conservative-hudson-institute-award/

European Pressphoto Agency: The Hudson Institute says it’s honoring Shinzo Abe ‘as a transformative leader.’

On Sept. 25, Japanese Prime Minister Shinzo Abe will join an elite group of right-leaning leaders like Ronald Reagan, Henry Kissinger and Dick Cheney, as the recipient of an award from conservative Washington D.C.-based think tank, Hudson Institute.

The award, named after Hudson Institute’s founder, the physicist-turned-geopolitical thinker Herman Kahn, is given every year to honor creative and visionary leaders with a Kahn-style dedication to national security–traditionally in the U.S. Mr. Abe will be the first non-American honoree to receive the Herman Kahn Award.

“Abe is being honored as a transformative leader seeking to advance the kind of reform necessary to restore Japan to full economic vitality,” the institute said in its news release. At the award ceremony to be held in New York on Wednesday, Mr. Abe is expected to deliver “a major speech” on economic reform in Japan and the continuing importance of the U.S.-Japan alliance, according to the release.

The Hudson Institute–as well as Mr. Kahn–has long had close ties with conservative leaders in Japan. Though Mr. Kahn started off his career as a physicist at the Rand Corporation in the 1940s, he moved on to writing about nuclear strategy with the publication of “On Thermonuclear War,” and then to the study of geopolitical trends, including the rise of Japan.

Mr. Kahn is known for predicting Japan’s ascendance as early as 1962, and in 1970 wrote “The Emerging Japanese Superstate,” in which he said that the country would “almost inevitably” become a great economic, technological and financial power–and would likely achieve global military and political clout as well. Mr. Kahn was a “confidante of every Japanese prime minister from Hayato Ikeda on,” until his death in 1983, the institute press release on the award to Mr. Abe said.

Mr. Abe too “is a longtime friend of Hudson Institute, someone who knows the critical importance of ideas to effective governance,” Hudson Institute Chief Executive Kenneth Weinstein said, in the release. “Given Herman Kahn’s legacy of research on Japan, it is altogether appropriate to honor Abe-san.”

Mr. Abe won’t be the first Japanese politician to speak at a Hudson Institute event, though. In December 2011, Nobuteru Ishihara, then secretary-general of Mr. Abe’s Liberal Democratic Party, also gave a speech, calling for swift nationalization of disputed islands in the East China Sea and deployment of Japanese troops there. The islands, called Senkaku in Japan and Diaoyu in China, have been a major source of diplomatic strain between the two countries.

“The importance of the U.S.-Japan alliance is increasing as a means to deter any attempt by a country to forcefully change the national borders,” Mr. Ishihara was quoted as saying by the Japanese press at the time.

Mr. Ishihara’s speech was quickly followed by one at the Heritage Foundation, another conservative U.S. think tank, given by his more famous–and controversial–father, Shintaro Ishihara. At that April 2012 speech, the elder Ishihara, who was then governor of Tokyo, unveiled a plan for the Tokyo government to purchase the disputed islands. Japan’s national government headed off that purchase by nationalizing the islands itself later in the year, sparking massive anti-Japanese protests in China.

Mr. Abe has made no secret of his own nationalist leanings. He’s pushing to strengthen Japan’s national security, as the nation feels growing pressure from China’s rising economic–and military–power. China’s annual military spending has grown rapidly in recent years, reaching $166 billion in 2012, nearly triple Japan’s $59 billion, according to the Stockholm International Peace Research Institute.

But Mr. Abe needs to walk a fine line. He can’t pursue his pet issue of national security unless he first addresses Japan’s economic and fiscal problems–major challenges on their own. Wednesday’s Hudson Institute speech will offer the latest clues on how Mr. Abe hopes to proceed. ENDS

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

What the Hudson Institute itself says about the event:

2013 Herman Kahn Award Luncheon Honoring Japanese Prime Minister Shinzo Abe
Hudson Institute, Sept. 25, 2013, courtesy of VF
http://www.hudson.org/events/1105-2013-herman-kahn-award-luncheon-honoring-japanese-prime-minister-shinzo-abe92013

(Video)
At a gala luncheon in New York on September 25, 2013, Hudson presented its annual Herman Kahn Award to Japanese Prime Minister Shinzo Abe in recognition of his extraordinary career on the world stage—and his vigorous, principled promotion free markets, global security, and democratic ideals.

The Prime Minister was introduced at the event by his long-time friend and Hudson Senior Vice President Lewis Libby. Abe then took the stage himself to accept the Kahn Award, offering kind and generous remarks about Hudson before delivering a substantial and serious talk about his plans to reform the Japanese economy—and his determination “to make my beloved country a proactive contributor to peace.”

“Japan should not be a weak link in the regional and global security framework where the U.S. plays a leading role,” the Prime Minister said. “Japan is one of the world’s most mature democracies. Thus, we must be a net contributor to the provision of the world’s welfare and security. And we will. Japan will contribute to the peace and stability of the region and the world even more proactively than before.”

Hudson Institute Board Chair Sarah May Stern and Hudson President & CEO Kenneth R. Weinstein also made remarks during the ceremony, with Weinstein adding a special additional tribute to Hudson trustee Yoji Ohashi, Chairman of ANA Holdings Inc., for his visionary contributions to commercial aviation and dedication to a strong bilateral relationship between the United States and Japan.

ENDS

UPDATE: Standard Charted Hong Kong Marathon Japan tour “Japanese Only” registration is sanitized to include NJ residents, but “Japanese Citizenship” remains requirement on actual registration page

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  This is an update to the previous post, but it deserves a separate blog entry for the deceitfulness.  Thanks to Debito.org Readers contacting the organizers in Hong Kong, the 20th Standard Charted Hong Kong Marathon made it clear to their Japan tour organizers (http://www.hkmarathon.jp) that restricting applications “exclusively for Japanese people” is unacceptable, as the event is open to all nationalities:

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

Case Ref No. FEED-VRSUP2-20151112-0378054 (BaCh/FiCh)

Dear Alex,

Thank you for contacting the Hong Kong Tourism Board (HKTB) on 10 November 2015, letting us know the comments posted on Dr. Arudou Debito’s website in regard to the registration requirements for the “2016 Hong Kong Marathon tour package” sold in Japan.

After receiving your email, we have immediately communicated with the Hong Kong Amateur Athletic Association (HKAAA), who is the organiser of Standard Charted Hong Kong Marathon. According to HKAAA, all people who are residing in Japan, regardless of their nationalities, are allowed to join the mentioned tour. They have already advised the tour operator “Kinki Nippon Travel” to amend relevant wordings on the registration site . 

Once again, thank you for bringing this matter to our attention. Should we could be of any further assistance, please do not hesitate to call me or send me an email. 

Best Regards,

Fion Cheng
Senior Executive, Visitor Services
Hong Kong Tourism Board

Direct line: +852 2807 6108
Direct fax: +852 2807 6581
Website: http://www.DiscoverHongKong.com

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

HongKongMarathonJapaneseOnly20151

This has resulted in changes to the website wording, from

“This tour is designed exclusively for Japanese people.  
Applications from other nationalities are not acceptable. Applications from non-Japanese runners will be treated as “invalid” and any deposit payment would not be refunded.”

HongKongMarathonJapaneseOnly20152

to

“This tour is designed exclusively for people residing in Japan. 
Applications from other countries are not acceptable. Applications from runners who are not residing in Japan will be treated as “invalid” and any deposit payment would not be refunded.”

HongKongMarathonResidentOnly1112152

Sounds better.  Gone is the assumption that foreign nationals living in Japan are not residents of Japan.

However, if you actually go to the website registration page (http://www.hkmarathon.jp/pre.html), the requirement for applicants of Japanese citizenship (item six in the bullet points: 私は日本国籍を有しています) is still there:

HongKongMarathonJapaneseOnly111315

(screen capture as of November 14, 2015 JST)

So although the English has changed for the purposes of placating the English-reading world, the “secret code for domestic consumption only” that is the Japanese written language is maintaining the same “Japanese Only” rules. It is very hard to see this as a mere oversight.

And as written, NJ resident applicants still face refusal and then a non-refund of their deposit payments. It’s gone from mere exclusionism to the potential for misleading applicants into corporate theft. How duplicitous and unprofessional of the Japan-side organizers. Imagine the internet uproar if a Japanese company made a mistake this big for its Japanese customers.  Again, its seems, foreign customers in Japan don’t matter.  Dr. ARUDOU, Debito

UPDATE NOVEMBER 13, 2015:

Was tweeted this picture in regards to the Standard Chartered Bangkok Marathon registration desk for Japanese in Bangkok, Thailand.  Seems to be more systematic than just Japanese organizers within Japan.  More like the organization is excluding foreigners everywhere in the world, including in those nations where Japanese are foreigners themselves.

HongKongMarathonJeseOnlyTwitPic111215

More tweeted details from the same source were: “November 12, 2015 in Bangkok Thailand. Registration for the Standard Chartered BKK marathon. they also had their own ‘bib boards’ i.e. Names and bib numbers not with the rest of the marathon runners, but ‘separate'”.

Paul Toland Case Update: Japan as a “black hole” for parental child abductions — Family Court lawsuit & press conference to raise awareness of issue

mytest

Books, eBooks, and more from Dr. ARUDOU, Debito (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. One longstanding case that Debito.org has been following, among others, has been the Paul Toland Case, where his Japanese wife abducted their child aged 9 months, then committed suicide four years later, whereupon the grandmother claimed custody and cut off access with the child’s only remaining parent. More details below.

Godspeed to a satisfactory resolution, Paul. Dr. ARUDOU, Debito

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

Custody case a test for Japan, says U.S. father seeking access to girl held by grandmother
BY TOMOHIRO OSAKI, STAFF WRITER
The Japan Times, OCT 26, 2015

A U.S. man seeking access to his daughter said Monday that the case is an opportunity for Japan to prove to the world it no longer tolerates parental child abduction.

U.S. Navy Cmdr. Paul Toland is suing the mother of his Japanese ex-wife for denying access to his 13-year-old daughter.

His former wife left with the child in 2003, at the age of 9 months, after their marriage failed. The woman committed suicide four years later.

Toland said his situation would amount to a “felony crime” in other countries with up-to-date family laws.

“In Japan, this abduction by a nonparent is not only accepted, but it is condoned. I’m the only parent in the world to (my daughter),” Toland said, who is in Japan for the first time since the trial at the Tokyo Family Court kicked off in July.

Toland said if the case is resolved it would demonstrate to the world that Japan is turning over a new leaf after years of notoriety as a “safe haven” for parental child abduction. If his daughter is not returned to him, he said, it will only alienate the nation further.

Japan joined The Hague Convention on cross-border parental child kidnapping in 2014. The pact does not apply in Toland’s case because the abduction was within Japan — Toland’s family was based in Yokohama at the time. In addition to this, the convention cannot be applied retroactively.

“How can we expect Japan to ever resolve more complicated divorce, child custody issues if it cannot even resolve this very straightforward case, which does not involve divorce and where one parent is deceased and the nonparent is withholding a child above the parent who wants to care for her?” he said.

Rest of the article at
http://www.japantimes.co.jp/news/2015/10/26/national/crime-legal/custody-case-test-japan-says-u-s-father-seeking-access-girl-held-grandmother/

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

U.S. father calls for return of his daughter at Japan family court
By May Masangkay
TOKYO, Oct. 26, Kyodo News, courtesy of TK
https://english.kyodonews.jp/photos/2015/10/381123.html

The American father of a 13-year-old daughter urged at a Japanese family court on Monday to give him back custody of his daughter, who is now under the custody of her grandmother following the death of his former Japanese wife in 2007.

“If Japan rules as it should in favor of my daughter’s right to know and love her father, then it will truly be a threshold step for Japan, and Japan will be closer to joining the rest of the international community as a nation that respects the basic fundamental bond between a parent and a child,” Capt. Paul Toland of the U.S. Navy told a press conference in Tokyo.

Ruling against his claim will “truly alienate Japan from rest of the international community” and “show that Japan is simply out of touch with the rest of the world in their lack of understanding for basic fundamental parent rights,” said the 48-year-old father based in Hawaii.

Toland is in Japan to appear for the first time in the Tokyo Family Court to appeal his case, which is not a cross-border dispute, in not seeing his daughter for years.

He urged the Japanese court to make the right decision to return the child to him since he is the sole living parent since his wife died. Toland has since remarried and wants to take his daughter to Hawaii.

At the family court, the mother of his former wife has disputed Toland’s appeal. The father lodged a lawsuit with the court in July.

Toland’s lawyer Akira Ueno, who was present at the same press conference, said his client received in writing from the grandmother’s side that the daughter “does not want to see” her father.

Ueno said the grandmother’s side claims that things are fine the way it is now, as the girl goes to school and is engaged in club activities, an argument which the lawyer says is not acceptable.

As his case is not a cross-border dispute, Toland cannot seek the return of his daughter under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which took effect in Japan in April last year. The treaty is designed to help settle cross-border child custody disputes due to failed marriages.

The pact is also not retroactive, only dealing with cases occurring after its entry into force.

With Japan joining the pact and many Japanese politicians becoming vocal about changing Japan’s response to parental child abductions, Toland said he sees “some hope for change in Japan.” Before Tokyo acceded to the treaty, the country had been accused of being a “safe haven” for international child abductions.

His daughter was 9 months old when his wife left him in 2003 before proceedings for a divorce concluded and custody was given to the wife.

Toland has been asking to see and live with his daughter, but his request for access or visitation through government channels, in line with the Hague pact, has been rejected by the grandmother’s side. Since 2003, he has seen his daughter only several times.

Even in cases occurring before the Hague treaty took effect in a country concerned, parents can seek assistance for visitations under the pact.
ENDS
////////////////////////////////////////////////

「日本はブラックホールのような国」米国男性が裁判で「連れ去られた娘を返せ」と主張
弁護士ドットコム 10月26日(月)20時31分配信, courtesy of CS
http://headlines.yahoo.co.jp/hl?a=20151026-00003861-bengocom-soci

「日本はブラックホールのような国」米国男性が裁判で「連れ去られた娘を返せ」と主張
記者会見したポール・トーランドさん(中央)と代理人の弁護士たち
米海軍大佐でハワイ在住のポール・トーランドさんが、日本人女性との間に生まれた娘(13)の引き渡しを求めて、娘の後見人となっている母方の祖母を訴えた裁判が、東京地裁で進行している。裁判に出席したトーランドさんらが10月26日、東京の司法記者クラブで会見し、「娘は、唯一の親である私と一緒に暮らすべきだ」と訴えた。

トーランドさんによると、米国に在住していた1995年、日本人の女性と結婚。二人は1999年に来日し、2002年に娘が誕生したが、しだいに夫婦関係がうまくいかなくなり、2003年7月に母親が生後9カ月の娘を連れて、横浜の家を出ていってしまったという。

母親とは2006年に離婚が成立。離婚協議で、娘の監護をするのは母親と決まった。しかし、その母親が2007年10月に自殺してしまったという。トーランドさんは娘を引き取ろうとしたが、娘と一緒に住んでいた祖母に拒まれた、と主張している。

離ればなれになって以降、トーランドさんはたった2回しか娘と会えていない。なお、2008年8月からは、祖母が娘の未成年後見人をつとめているが、後見申立をすることなどについて、トーランドさんは事前に全く知らされていなかったのだという。

●「ハッピーバースデーと言う機会も奪われた」

トーランドさんは会見で、「私はこの世でたった一人の親なのに、娘が健康なのか、安全に暮らしているのかも、全く知らされていない。どこの学校に通学しているのかも知らないし、写真の一枚ももらえない。一緒に公園で散歩をしたこともないし、『ハッピーバースデー』と言う機会も奪われた」と、12年間もの間、娘と会えずにいる悔しさを口にした。

そして、「片方の親が勝手に子どもを連れ去ることは、先進国なら普通は誘拐となり、許されない重罪となるはずだ」と主張。子どもの連れ去りをめぐる日本のルールや運用が、国際的に見るとおかしいものだと訴えた。

トーランドさんは現在、26年間勤めている海軍でのキャリアの集大成として、ハワイ・ホノルルにある4LDKの一軒家で、国土安全保障省勤務の妻(2010年に再婚)と暮らしている。ホノルルには、日本語・英語の両方に対応し、日本の学校を卒業したのと同じ資格が得られる学校もあり、日米ハーフの娘が住むのには最適な環境だ、としている。

●娘はトーランドさんとの面会を拒否

裁判について、トーランドさんは「日本は一度子どもが吸い込まれると、二度と出てこられない『ブラックホール』のような国だ。最近は(子どもの連れ去りを違法とする)ハーグ条約への加入など、希望も出てきている。今回の裁判は、裁判所が正しい判断を下す絶好の機会だ」と話していた。ただし、今回のケースは国境を超えていないため、ハーグ条約の適用外だ。

なお、娘は、父であるトーランドさんとの面会を拒んでいるという。しかし、トーランドさんの代理人である上野晃弁護士は「別れたとき生後9カ月だった13歳の娘が、実の父親に会うことを拒否することのほうが、むしろ不自然だ。子どもは本来、親と暮らすべき存在だ。裁判所は、最終的に娘が父親のもとで暮らせるようにするための第一歩として、まずいち早く父娘の面会交流を実現させるべきだ」と話していた。

弁護士ドットコムニュース編集部
ENDS

Japan Times: Japan sanctioning mass ‘slave labor’ by duping foreign trainees, observers say

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. This article is nearly a year old, but it is still worth a read, if only to remind everyone of how things have not changed in Japan’s exploitative visa regimes. Dr. ARUDOU, Debito

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

Japan sanctioning mass ‘slave labor’ by duping foreign trainees, observers say
By Harumi Ozawa, The Japan Times, November 23, 2014
http://www.japantimes.co.jp/news/2014/11/23/national/japan-sanctioning-mass-slave-labor-via-foreign-trainee-program/

The first word En learned when he began working at a construction site in Japan after moving from China was “baka,” Japanese for “idiot.”

The 31-year-old farmer is one of 50,000 Chinese who signed up for a government-run program that promises foreigners the chance to earn money while acquiring valuable on-the-job training. Like many of his compatriots, he hoped to leave Japan with cash in his pocket and a new set of skills that would give him a better shot at work at home.

“My Japanese colleagues would always say baka to me,” said En, who spoke only on condition that his full name not be revealed. “I am exhausted physically and mentally.”

His problem is not the bullying by Japanese colleagues, nor the two-hour commute each-way or the mind-numbing work that largely consists of breaking apart old buildings. It is the ¥1 million he borrowed to take part in the Industrial Trainee and Technical Internship Program, ostensibly to cover traveling expenses and other “fees” charged by middlemen.

The loan has left him a virtual slave to Japan’s labor-hungry construction industry. “I cannot go back before I make enough money to repay the debt,” he said.

Japan is desperately short of workers to pay taxes to fund pensions and health care for its rapidly graying population, but it is almost constitutionally allergic to immigration. Less than 2 percent of the populace is classified as “non-Japanese” by the government; by comparison, around 13 percent of British residents are foreign-born.

This results, critics say, in ranks of poorly protected employees brought in through a government-sanctioned back door that is ripe for abuse and exploitation.

“This trainee program is a system of slave labor. You cannot just quit and leave. It’s a system of human trafficking, forced labor,” said Ippei Torii, director of Solidarity Network With Migrants Japan, a nongovernmental group that supports foreign workers.

Around a quarter of Japan’s population of 127 million is 65 or older, and this proportion is expected to jump to 40 percent in the coming decades. The heavily indebted government, which owes creditors more than twice what the economy generates annually, is scrambling to find the money to cover the welfare and health costs associated with the burgeoning ranks of the elderly even as the taxpayer base shrinks.

Japan’s average birthrate of around 1.4 children per woman, far below the level necessary to replenish the national workforce, is ratcheting up the pressure.

In most developed nations, this kind of shortfall is plugged by immigration, but Japan allows no unskilled workers into the country amid fears by some they would threaten the nation’s culture of consensus, an argument others view as mere cover for xenophobia.

But in 1993, as the economy was on the way down from its bubbly 1980s zenith, the government began the foreign trainee program, which allows tens of thousands of workers, mostly from China, Vietnam and Indonesia, to come to Japan and supply labor for industries including textiles, construction, farming and manufacturing.

The program, however, has not been without its critics. Japan’s top ally, the U.S., has even singled it out, with the State Department’s annual Trafficking in Persons Report for years slamming the program’s “deceptive recruitment practices.”

“The (Japanese) government did not prosecute or convict forced labor perpetrators despite allegations of labor trafficking in the TTIP,” it said this year, using the program’s acronym.

Past allegations include unpaid overtime work, karoshi (death from overwork), and all kinds of harassment, including company managers restricting the use of toilets or demanding sexual services.

The government rejects claims the program is abusive, yet acknowledges there have been some upstream problems. “It is true that some involved in the system have exploited it, but the government has acted against that,” an immigration official said. “It is not a system of slave labor.”

The official insisted it was not in authorities’ power to control the behavior of middlemen but insisted they were not allowed to charge deposit fees. “It is also banned for employers to take away trainees’ passports,” he added.

Prime Minister Shinzo Abe has unveiled a plan to expand the program that would allow foreign trainees to stay in Japan for five years instead of three, and says such labor will increasingly be needed, particularly in the construction boom ahead of the 2020 Tokyo Olympics. Abe is also aware that the nation’s health care sector must increasingly look abroad to fill the shortage of workers.

“It has been said that we will need 1 million caregivers for the elderly by 2025, which would be impossible to handle only with the Japanese population,” said Tatsumi Kenmochi, a manager at a care home near Tokyo that employs Indonesian nurses.

For Kenmochi, foreign staff are a precious commodity and the sector must do as much as it can to make them feel welcome. “It must be hard to leave home and work overseas,” he said. “We make sure that they don’t get homesick, listening to them and sometimes going out to have a warm bowl of noodles with them.”

Torii of Solidarity Network With Migrants Japan said this is just the kind of attitude Japan needs to learn: “The issue is not whether we accept immigrants or not. They are already here, playing a vital role in our society.”

ENDS

My next Japan Times JBC 92 Oct. 5, 2015: “Conveyor belt of death shudders back to live”, on how Abe’s new security policy will revive Prewar martial Japan

mytest

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Hi Blog. My next Japan Times JBC 92 crystal balls again about Japan’s future based upon the landmark security legislation passed last month. JBC has been quite right about a lot of future developments these past few years. Let’s see how we do with this one. Dr. ARUDOU, Debito

JUST BE CAUSE
justbecauseicon.jpg

Conveyor belt of death shudders back to live
By Dr. ARUDOU, Debito
Column 92 for The Japan Times Community Page
Monday, October 5, 2015

He’s done it.

As past JBCs predicted he would, Prime Minister Shinzo Abe has gotten his way. Last month he closed a chapter on “pacifist Japan,” ramming through unpopular new security legislation that now allows Japanese military engagement in offensive maneuvers abroad.

That’s it then. The circle is complete. Japan is primed to march back to its pre-World War II systems of governance.

Now just to be clear: I don’t think there will be another world war based on this. However, I think in a generation or two (Japan’s militarists are patient – they’ve already waited two generations for this comeback), a re-armed (even quietly nuclear) Japan selling weapons and saber-rattling at neighbors will be quite normalized.

Alarmism? Won’t Japan’s affection for Article 9 forestall this? Or won’t the eventual failure of Abenomics lead to the end of his administration, perhaps a resurgence of the opposition left? I say probably not. We still have a couple more years of Prime Minister Abe himself (he regained the LDP leadership last month unopposed). But more importantly, he changed the laws.

So this is not a temporary aberration. This is legal interpretation and precedent, and it’s pretty hard to undo that (especially since the opposition left is even negotiating with the far-right these days). Moreover, Japan has never had a leftist government with as much power as this precedent-setting rightist government does. And it probably never will (not just because the US government would undermine it, a la the Hosokawa and Hatoyama Administrations).

But there’s something deeper at work beyond the Abe aberration. I believe that social dynamics encouraging a reverse course to remilitarization have always lain latent in Japanese society…

Read the rest in The Japan Times at http://www.japantimes.co.jp/community/2015/10/04/issues/japan-rightists-patient-wait-conveyor-belt-death-shudders-back-life/.

Another Gaijin Handler speaks at East-West Center: Dr. Nakayama Toshihiro, ahistorically snake-charming inter alia about how Japan’s warlike past led to Japan’s stability today (Sept. 15, 2015)

mytest

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Hi Blog.  Japan’s Gaijin Handlers (people well-versed in representing Japan overseas in ways placating USG fears about Japan’s ulterior motives) are still making the rounds of America’s foreign-policy forums.  Debito.org covered one in October 2013, where a deputy chairman of an Abe Administration advisory panel on Japan’s security, Dr. Kitaoka Shin’ichi, basically told policy wonks on a whistle-stop tour of the US (courtesy of the East-West Center) that Japan’s “collective self-defense” wasn’t a remilitarization of Japan that should cause any worry.

This time, brought to you by the Japanese Consulate General (see page three of questionnaire below), and hosted by the East-West Center and the Center for Japanese Studies at UH Manoa, an academic named Dr. Nakayama Toshiaki, of prestigious Aoyama Gakuin University, gave an hourlong presentation about the “Mind of Japan”, and what that “mind” thought about America.  Here’s his bio, text-searchable:

Dr. Toshihiro Nakayama
East-West Center
September 10, 2015
Dr. Toshihiro Nakayama spoke about Japan-U.S. relations especially in consideration of the 70th anniversary of the end of World War II. An insight was given into America’s roles in the Asia Pacific and beyond through the eyes of a well-known professor, author, and columnist. Dr. Nakayama also shared his personal experiences in the context of this important relationship between the two allied nations.
Dr. Nakayama is Professor of American Politics and Foreign Policy at the Faculty of Policy Management at Keio University. He is also an Adjunct Fellow at the Japan Institute of International Affairs. He received his M.A. (1993) and Ph.D. (2001) from Aoyama Gakuin University, was a CNAPS Visiting Fellow at the Brookings Institution (2005-06), and has written two books and numerous articles on American politics, foreign policy, and international relations. He appears regularly in the Japanese media and writes a monthly column for Japan News. He was the recipient of the Nakasone Yasuhiro Award (Incentive Award) in 2014.

Here’s the original flyer:

NakayamaToshihiroEWCtalk091015

Here is his speech in its entirety:

America in the Mind of Japan: How Japan Sees America’s Role in the Asia Pacific and Beyond from East-West Center on Vimeo.

(May be slow playing on your browser.  Download the actual video to your computer from here: https://vimeo.com/140019513)

I attended, but thought even beforehand, based on the title of the talk, how scientifically problematic it is for someone to represent all of Japan as a “mind” so monolithically (I would expect it from a government representative, but not a trained doctorate-holding academic).  But Dr. Nakayama, as would befit people with an agenda who are employed by the right-wing Yomiuri (moreover rewarded by the likes of far-rightist and WWII sexual slavery organizer Nakasone Yasuhiro), fulfilled his role as Gaijin Handler very professionally:

First he softened up the audience, spending several minutes (in fact, a sizable chunk of his allowed time) convincing everyone how Americanized he is (with a number of anecdotes about his time as a youth going to school in New York City and South Dakota and asking American girls out to dance), giving the audience a number of familiar warm-fuzzy touchstones in terms of economics, politics, and culture in excellent English.  Then he switched smoothly into the “We Japanese” “us” and “them” rhetoric, no longer a non-dispassionate academic, now a government representative.  He clearly felt confident enough in his knowledge of both the US and Japan to feel that he could portray Japan authoritatively in a hive-minded fashion, while painting a picture of the US as a fractious pluralistic place with people like Donald Trump.  Seriously.

But after a rather pedestrian retelling of the US-Japan Relationship after WWII, Dr. Nakayama made the following statement right at the very end.  It was indicative of what kind of snake-charming narrative Prime Minister Abe wishes to wrangle the (USG) Gaijin with.  In regards to a question about Japan’s historical relationship with its immediate neighbors:

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

Nakayama:  (From minute 1:02:00).  But as shown in Prime Minister Abe’s statement commemorating the [unintelligible] end of World War II that was announced on the 14th of August, there were suspicion in Korea and in China that Prime Minister Abe changed totally the understanding of how we see history.  But I think that we see if we actually read the text, I think it relates much more to [unintelligible].  He was sometimes being criticized as being a revisionist, trying to see the war in different terms.   

I don’t think that was his intention.  In Japan, the governmental historical discourse is that everything started from 1945.  Everything that happened before that is basically wrong.  That’s not how things turned out.  Yes, there was a disastrous four years.  If you include China and The Occupation, it goes beyond that.  But you have to remember that Japan was the first modern state in Asia which successed [sic] in modernizing itself, and became a player in the Great Power games.  And that’s a success case.  Yes, it ended up in a war, with the United States and China, but that doesn’t mean we have to negate everything that happened before 1945.  An attempt by Prime Minister Abe was to see history in continuation, and there were some parts [unintelligible]  that would make democracy stable after 1945, were established in the Prewar Period. So we have to see the history in continuance.  I think that was the message. 

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

Wow.  Imagine the international reaction if a representative of Germany (or one of their academics lecturing overseas on a government-sponsored junket) were to argue today that “Nazi Germany did some good things for Germany too, including making the country the stable democracy it is now.”  Fascinating tack (in its ahistoricality) in light of the fascist regimes that not only did their utmost to dismantle the trappings of stable democracy, but also led their countries to certain destruction (and were in fact rebuilt thanks to Postwar assistance from former enemies).  No, what happened to Japan in the Prewar Era at its own hands was ultimately destructive, not stabilizing (and not only to Japan).  What happened before 1945 WAS basically wrong; and it wasn’t “also not wrong” for the reasons he gives.  Thus, Dr. Nakayama imparts an interesting mix of uncharacteristic historical ignorance, with an undercurrent of the ancestor worship that the Abe Administration ultimately grounds its ideology within.

Further, Dr. Nakayama is a fascinating case study of how the Japanese Government recognizes the Gaijin-Handling potential in its bilingual brightest (inserting them into, in Dr. Nakayama’s case, Japan’s diplomatic missions abroad), and manages to convince them to come back home and shill for Japan’s national interest even if it defies all of their liberal-arts training and mind-expanding world experiences.  Meanwhile the USG kindly takes the lead of the Japanese Embassy to offer GOJ reps the forums they need to have maximum impact within American policymaking circles.  Very smart of the GOJ, less so the USG.  Dr. ARUDOU, Debito

Other overseas-policy-influencing pies that Dr. Nakayama has his fingers in:
http://www.eastwestcenter.org/events/young-japanese-scholars-program-new-views-politics-and-policy-tokyo-taiwan
See them in action: https://vimeo.com/89107591

Questionnaire given out at this EWC presentation further empowering Japanese Government presentation effectiveness in the US (click on thumbnail to expand):

GOJSurveyNakayamatalk091015 GOJSurveyNakayamatalk091015 1GOJSurveyNakayamatalk091015pg3

Yomiuri: More Japanese public baths OK tattooed visitors (particularly NJ) for 2020 Olympics: suddenly it’s all about showing “understanding of foreign cultures”

mytest

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Hi Blog. I have just emerged from several weeks of proofing and indexing my upcoming book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination in Japan”. It will be out in 5-8 weeks. I will keep you updated on where you and your library can get a copy.

With that amount of busy-ness (sorry for the delay in posting to Debito.org), please let me turn the keyboard to Debito.org Reader JK:

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

Hi Debito: It looks this has grown legs and started walking, so if you’ll indulge me for a few minutes, I’ll provide some overdue commentary:

=========================================
More baths OK tattooed visitors; stickers needed
http://the-japan-news.com/news/article/0002362434
The Yomiuri Shimbun, August 25, 2015

Restrictions on tattooed customers at bathing facilities and resort swimming areas are being loosened around the country.

A number of facilities allow people with tattoos to enter if the tattoos can be covered by stickers. This is aimed at treating foreign tourists, many of whom consider tattoos a fashion item, differently from gangsters, some of whom sport elaborate tattoos.

With the Olympics and Paralympics scheduled for Tokyo in 2020, some facilities are calling for greater understanding of cultural differences.

At Ofuro cafe utatane, a bathing facility in Kita Ward, Saitama, which is visited by about 250,000 people annually, the management decided to allow tattoos that can be covered with 12.8-centimeter by 18.2-centimeter stickers.

The new policy was started on a trial basis from Aug. 1. If no problems arise by the end of the month, the facility will officially implement the policy.

The manager of the facility, Toshiki Yamasaki, 32, is also director of the Nippon Ofuro Genki Project, an association of young managers of baths and other facilities.

“The number of foreign tourists has increased, so I felt we needed to accept tattoos as a form of culture,” he said.

Hoshino Resort Co., which manages 33 luxury hotel resorts and other facilities in Japan and abroad, has also decided to exempt customers from bathing restrictions if their tattoos can be covered by an eight-centimeter by 10-centimeter sticker starting from October.

A midsize hot spring resort in Niseko, Hokkaido, lifted restrictions on tattoos this spring.

The local ski resort is popular with foreign tourists because of the good snow quality.

“I believe we need to understand cultural differences with other countries,” the hotel manager said, adding that restrictions on gang members were still in place.

Baths, resorts and other facilities began banning all tattoos, including full-body irezumi tattoos, after the Antigang Law went into effect in 1992, though in practice some places admit tattooed customers.

The Japan Tourism Agency surveyed about 3,700 facilities nationwide in June to learn how the restrictions were affecting foreign travelers.

Tsuru University Prof. Yoshimi Yamamoto, an expert on tattoo issues, said: “The circumstances are such that facilities have no choice but to change their response. Easing restrictions can help shake up conventions.”

ENDS

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

COMMENT FROM JK:

1) Having a tattoo in Japan while being foreign AND not being a yakuza is an idea that is just now gaining traction?!

2) The (faulty) underlying assumption at work is that all yakuza have tattoos.

3) Suppose an NJ has several tattoos, or tattoos that cannot be covered by a single sticker, or even a full-body tattoo (surprise — just like yakuza, NJ get these too!), then what? More stickers? If so how may? Is ‘good enough’ coverage acceptable, or is perfection mandatory?

4) Despite the lack of a link to a Japanese translation, the idea being conveyed is that NJ with tattoos are outside of societal norms (read: betsuwaku), and so should not be treated as a yakuza since money can be made off them — this notion is beautifully illustrated by Mr. Toshiki Yamasaki who says, “The number of foreign tourists has increased, so I felt we needed to accept tattoos as a form of culture”.

5) Does the Antigang Law of 1992 actually have wording in it to the effect that onsen / sento operations are not permitted to admit persons with tattoos?

a) If not, then in the name of ‘understanding cultural differences with other countries’, let me into the Niseko hotel without requiring my tattoos to be covered!

b) If so, then put up a sign saying ‘No Japanese Gangsters Allowed’ and let me in with my tattoos uncovered — it’s not like such a sign would be breaking the law — to the contrary, it would be upholding it!!

6) Allowing the operator of a onsen / sento to determine someone’s ‘kakuzaness’ is akin to allowing them to determine ‘foreignness’ — in other words, the door is left open to abuse. -JK

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

COMMENT FROM DEBITO:

During the Otaru Onsens Case, where “Japanese Only” bathhouses were excluding customers because they didn’t look “Japanese” enough, one issue that was raised was, “Well, what about tattoos, then?” — and then conflated the two issues to muddy the debate with relativity (not to mention conflate the treatment of “foreigners” with the treatment of organized crime in Japan).  Debito.org has always seen tattoos as a different issue from skin color and other features determined from birth, as tattoos are something a person decides to put on themselves.  That said, this sudden “change of heart” (dressed up as a “respect for” and “understanding of” foreign cultures) is ahistorical and purely motivated by economics — i.e., the need for Japan to put on a good show for international events without the embarrassment of having bigots continue to cloak their exclusionary behavior with the specter of potential criminal activity (and there has been at least one case where “respect for foreign culture” involving tattoos didn’t matter one whit).

I conclude:  What’s at play here isn’t fair-mindedness.  It’s merely the phenomenon of “not in front of the foreigners”, especially since pretty soon there will be millions of them watching Japan.  I bet that once the Olympics pass, those open-minded rules will be rescinded and managers will revert to banning customers (particularly NJ) at whim all over again.  This isn’t the tack that JK is taking above, but that’s what I see.  Dr. ARUDOU, Debito