TJ on “Doing a Debito”: Gaijin Carded at Nagoya Airport and Airport Comfort Inn

Posted on August 20, 2018August 23, 2018 by Debito Arudou, Ph.D.

mytest

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Hi Blog. Every now and again I hear from people how Debito.org has been helpful in dealing with daily life in Japan. Here’s one such example. After more than twenty years of the Debito.org Archive, and ten years of the Debito.org Blog, things like this make it all worth it. Thanks for writing in, TJ. Dr. Debito Arudou

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

To: debito@debito.org
From: TJ
Date: August 12, 2018
Subject: Well, I put on my Debito hat today!

I’m an American married to a Japanese, and we’re on an adventure doing standby flights from Japan to overseas. However, unluckily we got bumped at Nagoya Airport. So we checked into a Comfort Inn at the airport in my (Japanese) spouse’s name.

He filled out the card for our twin room. But the receptionist looked at me and said that she needed to photocopy my passport. But I know from Debito.org that she doesn’t have the legal obligation to photocopy my passport, or even see any ID, when I have a Japanese address as a Japanese resident, and I told her so. So she said she needed to copy my “Gaijin Card”, or Zairyuu Residence Card.

I gave her a chotto matte kudasai… and dug out that nifty Japanese paper you posted on Debito.org years ago and I held it up to her to read, showing her the letter of the law that says that ID is only required for tourists, not for residents of Japan, including foreign residents.

(https://www.debito.org/whatif-id-check.doc
from https://www.debito.org/residentspage.html#checkpoints)

Another receptionist came over to investigate, and I repeated that I live in Japan permanently. Basically, the other woman’s attitude was since my Japanese spouse was with me, I didn’t have to hand any ID to be photocopied. Because I’m “one of the good ones”. Not a win, but I don’t think she expected me to stand my ground the way I did.

I cannot understand why they need my most intimate and personal information photocopied. What is done with it later? How is it disposed of? It seems like a waste of paper, toner, etc., and because of identity theft, it makes me really nervous.

So… fresh off this experience, we went out to dinner at Nagoya Airport. The hotel is connected so we went back over. My spouse popped into a shop to get toiletries and I sat down in a public chair to wait.

A security guard — I wasn’t sure if he was a police officer, but my spouse later thinks he was — came up and said he was randomly checking passengers’ passports.

Well, I answered in fluent Japanese, which I think he did not expect and threw him off. I explained I am staying at a hotel at the airport and am with a friend who is in the shop over there and we are having dinner. I didn’t have a passport, so I flashed my Zairyuu Residence Card.

But that wasn’t enough. He said he needed me to remove it from my wallet so he could make a written “memo”.

Now, I’m a pretty easygoing person. But at this point my aggressive alter ego, I call him “Pinky”, came out and refused to comply. Pinky told him he was targeting only foreigners, and that wasn’t right, even from a legal standpoint. And at that point my spouse walked up, but could see Pinky had taken over and stepped back to let us handle it.

The security guard eventually backed down, but again, I know it’s because a Japanese was with me. He tried to compliment my Japanese but Pinky wasn’t having it. Pinky told him that I have lived in Japan longer than he has. He was some 20 year old kid who has a tin badge and hat, and thinks he can boss people around and invade their privacy without just cause.

So, I went over to a comment box for Nagoya Airport and wrote a lengthy complaint. It probably won’t even get read, but it made me feel better. The point is, thousands of other people, including foreigners were in the vestibule, and I was basically getting targeted for “sitting while being a foreigner.” So much for kokusaika ahead of the Olympics. Geez. Not very welcoming.

These instances immediately took me back to the time some years ago when we invited you to speak at our university, and how you handled that hotel clerk who Gaijin-carded you. You knew the law and your ground. So did I. And Pinky.

Debito-sensei, arigato! — TJ.

==========================
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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.

Posted on August 13, 2018 by Debito Arudou, Ph.D.

mytest

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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“Japanese Only” Osaka Nishinari-ku Izakaya Bar brags on Instagram about refusing foreign customers service for a laugh! (UPDATE: RETRACTED)

Posted on July 13, 2018July 14, 2018 by Debito Arudou, Ph.D.

mytest

UPDATE JULY 14, 2018: DEBITO.ORG READER MATT HAS CONTACTED ME WITH PHOTOS OFFLIST (AND BELOW IN THE COMMENTS) TO SAY THAT MARUFUKU HONTEN IN FACT IS OPEN TO NJ CUSTOMERS, AND EMPLOYEES. HE WRITES:

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

MATT: My friends and I go to Osaka Honten in Osaka all the time.

Although discrimination against Non Japanese is a very serious issue in Japan, I can

tell you that Osaka Honten has always been very welcoming to Non Japanese.

It seems that this was a case of a bad attempt at humor/overheard speech/inside joke

reported third hand by a blogger who was passing through and created a 外国人お断り

hashtag that probably (rightly so) alerted one of your readers.

[That blogger: https://www.instagram.com/miyamon1975/]

I say inside joke because most of the staff at Osaka Honten are from Korea or The Philippines,

including my good friend Leo who has been working for Marufuku for 15 years.

Marufuku Honten is one of the cheapest restaurants in Nishinari. Most of the customers are poor and working class

and cannot afford to eat at more expensive restaurants in Osaka.

I hope you will issue a retraction as soon as possible.

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

I HEREBY RETRACT THIS BLOG ENTRY, LEAVING THE ORIGINAL TEXT UP WITH STRIKETHROUGHS. GO HAVE A MEAL AT THIS ESTABLISHMENT. DEBITO

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

Original text:

Hi Blog. Here’s what you get when you allow business establishments legally to refuse service to Non-Japanese, as Japan does. Eventually it becomes so normalized (after all, it’s been more than twenty years since Japan signed the UN Convention on Racial Discrimination, and we still have no law against racial discrimination) that people no longer even bother to feel any form of guilt or shame about it.

Here’s an example where exclusionism becomes a selling point for an Osaka tachigui bar — gleefully bragging about it on Instagram with “gaikokujin okotowari” hashtags — where the proprietor even mentions how he elicited big laughs from other customers by refusing foreigners!

~~Clearly a nice place, publicly denigrating paying NJ customers at their own expense. Contact details below.~~ Dr. Debito Arudou

//////////////////////////////
From: PC
~~Subject: Owner brags about refusing foreigners on Instagram~~
Date: July 12, 2018
To: debito@debito.org

Hello Dr. Debito.

I have recently come across these posts (screenshots attached) on instagram of an izakaya owner (I presume) joking about refusing foreigners and even going as far as stating “This drinking establishment is cheap for the sake of Japanese people!” or something along those lines (maybe you can translate better) and even using #外国人お断りin the tags. The store is located in Osaka and is called ホルモンマルフク. Regards, PC
//////////////////////////////

Name: Marufuku Honten (Izakaya bar selling Horumon, or fried offal)

Address: 1-6-16 Taishi Nishinari-ku Osaka 557-0002
557-0002 大阪府大阪市西成区太子 1-6-16
Phone: 050-5890-9648 or 06-6641-8848
https://tabelog.com/en/osaka/A2701/A270206/27042773/dtlphotolst/4/2/?smp=s
https://oosaka-marufuku.jimdo.com

ENDS

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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”

Posted on May 30, 2018March 28, 2021 by Debito Arudou, Ph.D.

mytest

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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“Japanese Only” sign on Izakaya Bar “100” (Momosaku 百作) in Asakusa, Tokyo

Posted on May 23, 2018March 28, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Japan’s sometimes inhospitable hospitality industry has yet another example of exclusionism. Will we legally have this stopped by the 2020 Olympics, or will Japan as a society allow these people to be an embarrassment? Dr. Debito Arudou

//////////////////////////////////////////
From: KD
Subject: Japanese Only sign Asakusa
Date: April 20, 2018
To: Debito Arudou
Hi Debito,

I spotted a Japanese only sign near our Air BNB in Asakusa.

[Japanese version: None of our staff at this establishment speak foreign languages, so we refuse entry to all people from overseas (kaigai no kata)].

I took it down and they put a new one up the next day.

Details:
Name: 100 (izakaya) (Momosaku 百作)
Address: 4 Chome-7-12 Asakusa, Taitō-ku, Tōkyō-to 111-0032
http://tinyurl.com/yb9uv3tz

Picture of sign and front attached.

I was wondering what I could write in Japanese as a review on Google Maps to make potential visitors aware that the izakaya has a racially discriminatory policy. Sincerely, KD

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“Japanese Only” diving and hiking tour company in Tokashikimura, Okinawa: “Begin Diving Buddies”

Posted on May 2, 2018March 28, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. I found some time, so here is a little something for this week:

In addition to the hundreds of “Japanese Only” businesses found on the Rogues’ Gallery of Exclusionary Establishments (the fieldwork for book “Embedded Racism“), here is an Okinawan diving and hiking tourist agency called “Begin Diving Buddies” on a remote southern island called Tokashiki (35 mins by boat from Naha, Okinawa Prefecture) that refuses all “foreign” divers or hikers.

Their excuse: “safety reason and regulation” (or more simply in the Japanese, just “safety” (anzenjou), since there are NO regulations which blanket refuse foreigners in specific for wanting to ~~swim~~ dive or walk in the mountains).

“Dear foreign customer, we don’t give you service due to safety reason and regulation.
We are appreciated your understanding.”
（申し訳ありません。　安全上の理由により，外国の方はお受けしておりません）

Here’s a screen capture and text, courtesy of Steve and other Debito.org Readers:

About Diving: “Gaijin Refused” http://archive.is/kUTlD
Even just Walking: “Gaijin Refused” http://archive.is/rk6Gw
(Look at the photos, not dangerous hiking, simple relaxed walking.)
The smiling race-excluder: Mr. Ken’ichi Konishi http://archive.is/STvQx

Begin Diving Buddies’ contact details are:

☆ 住所：〒901-3501 沖縄県島尻郡渡嘉敷村字渡嘉敷1918-1
☆ 電話：０９８－８９６－４１１４
☆ 携帯：０９０－３２７２－３９３９
☆ ＦＡＸ：０９８－８９６－４１１５
☆ ｍａｉｌ： tokashiki@begin.jp

http://www.begin.jp/aisatu.php

Feel free to give them a piece of your mind. You can also also let officialdom know as well. Here is Tokashiki-mura’s official website, and Okinawa’s official tourism writeup on the place. Dr. Debito Arudou

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

Posted on April 20, 2018April 20, 2018 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Japanese Only” tourist information booth in JR Beppu Station

Posted on April 11, 2018April 11, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. Let me turn the keyboard over to Kyushu visitor DB, who catalogs the latest permutation of Japan’s “omotenashi” towards NJ tourists, where “hospitality” meets Japan’s inevitable “separate but equal” ideologies. Dr. Debito Arudou

/////////////////////////////////////////
April 6, 2018
Hi there Debito,

Are you aware there is a “Japanese only” information booth at JR Beppu Station? My partner and I walked in to get some information about a local onsen travel route. The woman sitting at the available desk basically refused to deal with us, and told us to go to the desk for foreigners. She initially pretended that the desk was for Japanese language help only. When we pointed out that we could speak Japanese (we had been the whole time) she shifted her excuse. The whole time she leant way back in her chair, and spoke in an extremely dismissively rude tone. In six years living in Japan I have never been treated as poorly.

After we gave up and walking out half in shock I noticed the signage. The ambiguity of “Japanese” here covers the apparent reality that they actually will refuse to serve anybody not visibly Japanese regardless of language ability.

While the “Japanese only” info desk was next to the front exit, directly connected to the main hall that has the ticket gate, the other “foreigner info” desk was a booth that was set up in the adjoining part of the building where the restaurants are. It wasn’t too far away, but it was clearly set up after the fact in order to keep the increasing number of foreign visitors separated out. There was a hand written sign noting that the staff could speak English and Chinese. Although the other desk had four staff, this one had one or two depending on the time if day (two initially, one when I passed by later). The service was fine. (But of course, we used Japanese there anyway because that’s simply easier, so there was zero point in moving except because we were forced to. )

I’ll be sending a formal complaint later, but I thought I’d send you the story. Here’s some photos attached, taken April 6, 2016. Feel free to share the story if you like. Regards, DB.

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

Posted on April 5, 2018April 7, 2018 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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Debito.org’s response:

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Dear Uprizine,

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

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

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

Sincerely, Debito Arudou (Ph.D.)
====================================
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Kyoto City Govt. subway advert has Visible Minority as poster girl for free AIDS/STDs testing. Wrong on many levels, especially statistically.

Posted on March 14, 2018March 14, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s a flashback to a time (dating from the mid-1980s, see here and here, for example) when people were saying that “foreigners have AIDS”. I was there; I remember it well.

The Kyoto Government is offering free AIDS and STD testing. Good. But check out what image they’re using for the face of sexually-transmitted diseases:

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

From: XY
Subject: Embedded Racism, AIDS, and Sexually Transmitted Diseases
Date: March 8, 2018
To: debito@debito.org
Hello Debito,

Please see the attached photo, snapped on a Kyoto metro yesterday afternoon. The only non-Japanese face visible in the metro car (other than mine) is on an advert for AIDS and STD testing by Kyoto City Government.

The poster seems to imply the foreign as the source of danger, illness, social decay. The (dyed? or at least not black) permed, and slightly disheveled hair accord with the stereotype of the western woman of lax morality.

I wonder whether they used a stock image or hired a model and whether the model was aware or consented to the use of her image in this context? While technically she is contributing to a good cause – increasing awareness of AIDS, STDS, and of a useful public health service, she most likely did not realize that her image also contributes to the construction and maintenance of negative bias against non-Japanese women.

I also wonder about the designers. Who decided to use a non-Japanese model and what was their rationale (or rationalization)? Japan as a multi-ethnic society, where non-Japanese can be employed for health service publicity? Or the purely functional message that the service itself is available for both J and NJ? How does it relate to the actual epidemiology of AIDS and other STDs in Japan? Does the poster reflect any reality in the situation or is it a complete misrepresentation of the epidemiology?

Cheers and keep up the good work. Sincerely, XY

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

COMMENT: Now, some might argue (and believe me, pedants, naysayers, and White Samurai will) that this is merely an IStock photo and that there was no association meant. But that’s not how advertising works. (Why add an image of a person at all if that were true?) Others might say that she’s representing a medical professional pleased to see people coming in for testing. But there is no context grounding that, either. (No clear nurse’s uniform, nor a background that is clearly a hospital. It looks more like a government front desk area to me; if you look closely at the poster, that’s in fact where the testing is happening, not at a hospital; she’s a patient, not a government representative.)

Again, why are we targeting a Visible-Minority demographic with this ad? As XY says, that’s the embedded racism of this campaign.

My suspicion is that they are targeting Japan’s sex workers, and a frequent association is that any foreigner imported for this task has diseases. This poster merely fortifies that.

And, to answer XY, it’s wrong. According to the National Institute of Infectious Diseases, in 2015, non-Japanese people accounted for the minority of 108 (88 male; 20 female) out of 1,006 AIDS cases in Japan (and homosexual men, not women, remain the largest affected demographic). Plus don’t forget that historically, a significant number of AIDS cases in Japan were the result not of sexual contact, but of HIV-tainted blood recklessly given to hemophiliacs by the Japanese government in the late 1980s. That’s why this poster is visually misrepresenting the issue on many levels.

As XY also notes, I wonder what the model herself thinks about being associated with sexually-transmitted diseases? I wish we could ask. Dr. Debito Arudou

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

Posted on March 7, 2018April 12, 2019 by Debito Arudou, Ph.D.

mytest

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

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!

Posted on February 28, 2018January 29, 2021 by Debito Arudou, Ph.D.

mytest

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.

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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

Posted on February 14, 2018 by Debito Arudou, Ph.D.

mytest

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

Posted on January 10, 2018January 10, 2018 by Debito Arudou, Ph.D.

mytest

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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XY: My experience with a Harajuku shop keeper – “F*ckin Foreigner kill” racist signs and threatened violence

Posted on December 20, 2017January 17, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. We’ve covered this “F*ckin Foreigner kill” Harajuku store called “Richards” before on Debito.org, and obviously media attention hasn’t deterred this nasty shop from putting up nasty anti-foreigner signs. Now, according to customer [whom I will anonymize as XY], the manager bullied her as a customer with verbal abuse and threatened her with violence. And the local police refused to do anything about it. This is beyond the pale, and XY intends to fight it. Good for her, and Debito.org puts this up as a matter of record at her request to draw attention to the issue. Dr. Debito Arudou

Richards Harajuku Maruichi Blog. 1F, 1 Chome-6-11 Jingūmae, Shibuya-ku, Tōkyō-to 150-0001

Phone: 03-5410-0069

////////////////////////////////////////////////
From: XY
Subject: My experience with a Harajuku shop keeper – racist signs and threatened violence
Date: December 19, 2017
To: debito@debito.org

Hi Debito,
I’m a long-term resident of Japan and I’m writing to you to share and get you to share my encounter yesterday with a racist shopkeeper in Takeshita dori in Harajuku.

It started with racist signs and ended with him threatening me with violence.

Sample signs (dated December 18, 2017):

Full report:
===========================

This happened to me today – my experience with a racist violent shopkeeper in the center of Tokyo’s busiest tourist town.
Warning … horrible language- completely NSFW or children.

Today I went to Harajuku and while I was there I did a little shopping. I went to buy a cute bag in this shop in Takeshita dori and realised that the shop had startlingly crude insulting signs up aimed at foreigners (non- Japanese).

I originally thought that it might have been because of an ignorance of English, but when I spoke to the shop keeper he said “Nihon wa jiyu na Kuni” (Japan is a free country) and I realised he meant every word.

Now I understand that he was getting annoyed that people were taking photos and not buying things, but that level of insulting hate driven language is never okay, and especially not in a place where children may go.

I even told him that I was buying it for my child, and that I would have brought my child there… and it was not something that a child should be exposed to. He didn’t care.

At that point I decided that there was no way I was going to spend any money in his shop, and anything I bought there would just feel bad so I told him that I no longer wanted the bag.

He cursed me out for being cheap and wasting his time (although in fact I was going to buy the bag and already had my money out).

Later after I had finished my other business I decided to get photos of the signs so I could publicize his nastiness, so I went back to the shop and took photos.
He yelled at me to stop taking photos and I told him I was only taking photos of the signs and not of his merchandise.

Then he grabbed something and went to hit me with it.
I screamed in shock and ran out of the shop.

Totally shaken by this experience I decided to walk down to the large police station around the corner. I wanted to make a report because I felt it needed to be on record.
The police refused to take a report and told me I should call 110 next time.

UPDATE DEC 28: I have realised that the police insistence I give the exact address before they could make a report was most likely a measure to deflect me. I had a photo of the shop front with the shop name clearly written which I showed to them.

I was already appalled by his signs, but then when he topped it off with attempted assault made me worry about what else he has done to foreign tourists or what he will do.
I’m amazed that the local business groups aren’t doing anything to stop him ruining their image with foreign visitors.

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

I’ve made this report public so that it can be shared, and I am giving everyone permission to share and use it.

I’m also happy to answer questions and do what needs to be done to get the word out and stand up to a bully like him.

I’m glad you are here fighting the fight for all of us. It needs to be done and I intend to fight this.

Sincerely,
XY

//////////////////
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Bitcoin purchasing and racial profiling by Quoinex and BITPoint Japan: Hurdles for NJ customers only

Posted on December 3, 2017 by Debito Arudou, Ph.D.

mytest

Hi Blog. We’ve talked before about differing standards for NJ in regards to equal treatment as consumers, customers, residents and taxpayers, equal pricing for services, and access to credit. Now here’s another report about barriers for NJ only to purchase Bitcoin, the international cryptocurrency, in Japan.

I didn’t know much about Bitcoin until recently (here’s a good primer from NPR’s Fresh Air with Terry Gross), but now it’s become a legitimate currency, accepted by the likes of Microsoft for payment, so denial of access to it affects Japan’s NJ residents’ abilities to pay a bill easily, quickly, and without extortionate bank fees. (Especially ironic is that the pseudonym for Bitcoin’s creator is “Satoshi Nakamoto”, but never mind.)

I’ll let Debito.org Reader Shiki take the keyboard from here with his report. Dr. Debito Arudou

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

From: Shiki
Subject: Discrimination of good and services based on nationality
Date: December 2, 2017
To: debito@debito.org

Hello Dr. Debito,

Recently, because of the Bitcoin fever, I’ve been looking at bitcoin and other crypto exchanges in Japan, and signing up for almost every single one of them.

Most of them have presented no problem, they follow the law in which they have the obligation to ask for an official ID, just like PayPal does in Japan, for which I have been sending the front of my Personal Number Card (My Number Card), and then they send you a post card to your address to confirm you actually live there.

That’s what these exchanges and basically any virtual money company in Japan is required to do by law.

That’s except for 2 exchanges, Quoinex and BITPoint.

The law states that any valid official ID can be used, but these 2 exchanges only accept a Resident Card for foreigners, and Quoinex go so far as to ask for a passport to those individuals who are Japanese but are “suspected” of being foreigners from their names, etc. (basically racial profiling).

The following is the conversation I had with the support staff from Quoinex who, after more than a week after I sent all my info in, told me “My documents didn’t match”.

—————————
QUOINEX Support (QUOINEX Japan)
Nov 15, 3:08 PM JST
平素より大変お世話になっております。
QUOINEX運営事務局でございます。
このたびは、弊社に口座開設をお申込みいただき誠に有難うございます。
口座開設審査にあたり、下記項目に関しましてご返信いただきますようお願い申し上げます。
【氏名の表記につきまして】
申込時にご入力いただいた氏名と本人確認書面に記載の氏名に相違がございました。
恐れ入りますが、正確な氏名とフリガナをご教示いただきたくお願いいたします。
氏名：
フリガナ：
ご返信をいただき次第、口座開設手続きを再開させていただきます。
引き続きQUOINEXをよろしくお願い申し上げます。

—————————
Shiki
10日前
これはどういうことなのか全くわかりません。
今でももう一回確認しましたが、入力した名前と本人確認に使った書類には全く同じ名前が書いています。

—————————
QUOINEX Support
10日前
平素より大変お世話になっております。
QUOINE運営事務局でございます。
ご返信ありがとうございます。
このたびは、弊社に口座開設をお申込みいただき誠に有難うございます。
口座開設審査にあたり、下記項目に関しましてご返信いただきますようお願い申し上げます。
【国籍につきまして】
現在口座開設審査の手続きを進めており、その一環として国籍をご教示いただきたく
お願いいたします。
日本国籍でない場合は、下記の内いずれかの本人確認書面が
必要となりますのでご提出をお願いいたします。
・在留カード
・特別永住者証明書
・外国人登録証明書
日本国籍である場合は、確認の為下記の本人確認書面をご提出をお願いいたします。
・パスポート
ご返信をいただき次第、口座開設手続きを再開させていただきます。
引き続きQUOINEXをよろしくお願い申し上げます。

—————————
Shiki
10日前
申し訳ありませんが、法律上では外国人であっても個人番号カードは身分証明書になります。
法律上では在留カードの提示が必須となる場面は入国管理官や警察官に提示を命じた時のみとなります。
後、日本国籍ではパスポートのみというのは可笑しいですね。パスポートは本来誰でも持っている身分証明書のではなく、海外に行くときに使われる身分証明書のはずです。
そして、パスポート使わずQUOINEXでアカウントを開いている人知っています。
実際にあなた達のサイトでは私は出している個人カードが使えると書いております：
https://quoine.zendesk.com/hc/ja/article_attachments/115008790827/document_details.pdf
もし私の名前か顔で在留カードかパスポートのみというポリシーを取っているのであれば、それは法律上では人種差別的な行為になるます。

—————————

After this, I went to their public telegram group and posted about this, for which I received the following answer:

—————————
この度は当社の対応に気分を害されたとのこと誠に申し訳ございません。
QUOINE は犯罪収益移転防止法に則り口座開設審査を行っておりますが、仰るとおり本法律には国籍を聞くことまでは求められておりません。
ただし当社が内規として行うKYCスクリーニングのため、国籍情報を使用しております。そのため氏名等で外国籍の可能性のある方は、内部プロセスとして、上記のご案内を行っております。(実際に、外国籍で在留カード以外を提出される等の方がいるため)
金融庁登録の事業者としての責任を果たすため、上記プロセスをとっております。
ただプロセスについては改善途中でして、重ねてになりますが、今回の件について、お客様に不快な想いをさせてしまいましたこと誠に申し訳ございません。
—————————

What Quoinex basically says is that they are asking for “proof” of nationality as part of their KYC (Know Your Customer) policy, which somehow does not apply to people who are not suspected of being foreigners.

The other exchange, BITPoint, basically rejected my registration, and told me to send them both sides of the Resident Card, as the following main shows:

—————————
お客様へ
この度は、ビットポイント総合口座開設に必要な本人確認書類をアップロードしていただき、誠にありがとうございました。
さて、書類を確認させていただきましたところ、「在留カード両面」と「振込先金融機関の口座名義人（カナ）」の確認ができなかったため、
本人確認が完了しておりません。
度々申し訳ございませんが、当社では外国籍のお客様の口座開設の際には、「在留カード両面」と「振込先指定口座の口座番号および口座名義（カタカナ）」が
表示されている書類のコピーの提出をお願いしております。
大変お手数ではございますが、以下の本人確認書類アップロード用URLから、再度ご本人確認書類のご提示をお願い申し上げます。
弊社にて、お客様のご本人確認書類の確認が取れましたら総合口座の開設手続きは完了となり、お客様のご登録メールアドレスへ「総合口座開設完了のお知らせ」を送信いたします。
その後、ご登録住所へお取引に係る重要な情報を記載した『口座開設完了のお知らせ』を、簡易書留（転送不要）にて郵送いたします。
・在留カードの両面
・振込先金融機関の口座名義（カナ）が確認できる書面
（通帳の1ページ目など、ネット銀行等で通帳が発行されていない場合は、キャッシュカードやネット上で表示されてる部分をコピーの上アップロードをお願いいたします。）
本人確認書類アップロードURL
[Redacted]
本メールと行き違いで本人確認書類をご提示いただいておりました場合は、なにとぞご了承ください。
なお、このメールにお心あたりがない場合やご不明な点等がございましたら、大変お手数ですが下記カスタマーセンターまでお問い合わせくださいますようお願いいたします。
【弊社カスタマーセンター】
お問合せフォーム：https://www.bitpoint.co.jp/contact/
TEL：0120-210-040（平日9：00～17：00）
e-mail：support@bitpoint.co.jp
今後とも、ビットポイントジャパンをご愛顧賜りますよう、よろしくお願い申し上げます。
—————————
ENDS

Shiki: Let me be very clear, most exchanges do not ask for this. I registered with the major Japanese exchanges like bitFlyer and Coincheck among other minor exchanges. With all of them I used my Personal Number Card, and no one told me I had to do something different because of my face.

But like these 2 exchanges, more and more companies who like racial profiling are starting to ask for the Residence Card for extra-legal purposes, basically discriminating in the way people are able to open accounts or register to services based on their nationality unless you comply with some extra requirements.

One of the worst examples of this is AU [as did NTT and Softbank], which is starting to reject foreigners for buying phones in multiple payments, if the expiration of their current status in Japan does not exceed the payment timeframe for their phones, which is usually 2 years. This basically means that if your current stay permit is of 1 year, or your stay is about to expire in less than 2 years, you won’t be able to get a phone at the same price than Japanese people.

Let’s remember that the maximum stay period in Japan for most visas is of 5 years, and that you cannot renew your stay until 3 months prior to the expiration date of your current permit, which I would make the case that it excludes most foreigners under a non-permanent residency status.

“日本国籍をお持ちでない方で、在留期限がある方が個別信用購入あっせん契約をお申し込みされる場合、在留期限が確認できる書類および、クレジットカードが必要です。在留期限が分割支払い期間に満たない場合、個別信用購入あっせん契約をお申し込みいただけない場合がございます。”

Just like the My Number law states very clearly that it is illegal for someone who isn’t required by law to ask for your “My Number”, or taking copies of the part of your card which shows the actual number, I think we require a law to stop people who for asking for someone’s Residence Card if they aren’t legally required to do so. In some respects I would argue that the information inside the Residence Card is in many respects just as sensitive as your “My Number”, and asking for it is an invasion of privacy at best.

I’m also wondering if there is any law, even in those international agreements like the one used for the Otaru case, that makes it illegal to have different requirements based on someone’s nationality.

Sincerely, Shiki

ENDS

(Answer from Debito: There are laws protecting against unsanctioned Gaijin Card checks.)

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

Posted on October 11, 2017March 28, 2021 by Debito Arudou, Ph.D.

mytest

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

JUST BE CAUSE

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

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

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

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

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

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

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

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

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

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

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

Posted on September 29, 2017September 29, 2017 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

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

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

Plaintiff Ibrahim Yener provides Debito.org with details on his successful lawsuit against “Japanese Only” Nihon Autoplaza car company

Posted on September 15, 2017March 28, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. As mentioned in the previous blog entry, Osaka resident Ibrahim Yener won his court case against a car company that refused him on the grounds (the company claims after the fact in court) of being a foreigner with insufficient Japanese language. However, Mr. Yener has just written in to Debito.org with more detail on his case, making it clear below that arbitrary language barriers were merely a ruse to refuse all “foreigners” (even those with Japanese citizenship) their business. Fortunately, the exclusionary Defendant’s reasoning didn’t wash in court.

The Defendant, not mentioned in the Asahi article in the previous blog entry, is Nihon Autoplaza, and they offer services such as buying used cars on Japan’s very vibrant second-hand automobile auction market. (I have bought cars through that auction system before, and lack of access to it will have a significant impact on your ability to get a used car affordably in Japan, something quite necessary for people in Japan’s ruralities or for small businesses.)

More detail follows from Mr. Yener himself, writing directly to Debito.org. Reproducing with permission. Well done, sir.

One more takeaway from this case is that, according to Mr. Yener, the Defendant acted even more idiotically in court, angering the judge. So I’m worried that this case might not have been as slam-dunk as it might seem for future victims of “Japanese Only” businesses who want to sue (because a lawsuit is the only real option Japan’s international residents have to protect themselves against discrimination). Dr. Debito Arudou

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

From: “Ibrahim YENER”
Date: September 15, 2017
To: <debito@debito.org>

Dear Dr. Debito Arudou.

My name is Ibrahim YENER. I am the guy who took legal action against Japanese company.

You’re probably wondering where all those things started from.
Let me make a brief explanation.

Last year, I contacted that company to buy a used car through their web page contact form.

The very next day I got an e-mail (I am going to paste the entire reply below this mail) from that company saying they are not going to send me papers because of I am foreigner. Also EVEN IF a foreigner became a Japanese citizen they still won’t send it.

So, next day (20th of October) about 11am I contacted them by phone and I told the boss of that company that one of his employee sent me something weird by mistake. Even that time I was giving him a chance to apologize.

Then I asked him, did you guys really think about if I take you to court?

And what made me angry was his answer: “Do whatever you want.”

So, at that point I knew I have no opportunity but take this case to court.
Because, I faced so many discrimination cases in Japan in 14 years.

But this time I decided to stand and fight instead of be quiet.

Anyway, that sick-minded person shows up at court room with a mask on his face.
And the judge asked him to remove that mask, but he replied, “There is a foreigner here. I have to protect my privacy.”

The judge became so angry and told him that “Here is court room, there is no privacy in here. Either you take that mask off or leave the court room”.

So, he replied, “Let me think about it”.

The judge told him that “I am not asking you to remove that mask off, I am ordering you to take that mask off or leave immediately.”

At that moment, I knew I won the case, but I prepared myself for high-court just in case the court will decide it was not discrimination.

Anyway, if you have any questions, I will be very happy to answer them.

Here is the original mail from that company:

—–Original Message—–
From: 日本オートプラザ　山下 [mailto:japan_support@autoplaza.co.jp]
Sent: Wednesday, October 19, 2016 18:21
To: Yener Ibrahim
Subject: 【日本オートプラザ】資料請求につきまして

Yener Ibrahim　様

お世話になっております。

大変申し訳ございませんが、当社ではご加盟頂く際の審査基準として
日本国籍の保有者の方を対象としておりますので
外国人の方には資料の送信を見合わせて頂いております。

また、日本国籍をお持ちであったとしても
日本語の能力にも問題が無いと弊社が判断した際にのみ
弊社と加盟契約が可能となります。

したがいまして、日本国籍をお持ちであり、
日本語の能力もネイティブと遜色が無いという場合には
再度ご連絡頂けば資料を送信させて頂いておりますが
日本語の能力につていては、最終的には弊社が判断し、
不十分な場合には加盟契約を受け付けておりませんので予めご了承ください。

———————————————————————–
株式会社日本オートプラザ
本社　〒532-0011大阪市淀川区西中島６丁目２−３チサン第7新大阪ビル8F
ｔｅｌ：06-6101-0015　fax：06-6101-0016
東京支社　〒111-0053東京都台東区浅草橋５−２−１４浅草橋ハイツビル3F

http://www.autoplaza.co.jp/
————————————————————————
—–Original Message Ends—–

Regards,
Ibrahim YENER
//////////////////////////////////////////

Translation of the email from Nihon Autoplaza by Debito:

To: Ibrahim Yener
From: Mr. Yamashita, Autoplaza

Thank you for your email.

We are sorry but our company’s screening standards for accepting members are applicable to people with Japanese citizenship, so we will not be sending our materials to a foreigner.

In addition, even if the applicant has Japanese citizenship, our company only allows membership contracts from those who have been determined by our company to have no problems in Japanese language ability.

Therefore, even if someone has Japanese citizenship, and can hold their own (sonshoku) against someone with native ability in Japanese, we can send you our materials if you contact us again, but in terms of determining Japanese language ability, the final decision rests with our company, so kindly understand in advance that we will not accept an application if we decide the Japanese language is insufficient.

Nihon Autoplaza KK
Osaka-shi Yodogawa-ku Nakashima 6-2-3, Chisan Dai 7 Shin-Osaka Bldg. 8F
tel：06-6101-0015　fax：06-6101-0016
ENDS

=====================================
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NJ Osakan Ibrahim Yener wins lawsuit against “Japanese only” car dealer

Posted on September 10, 2017March 28, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Good news. Another NJ wins in court against a “Japanese Only” establishment, this time a car dealer who wouldn’t send Osakan Plaintiff Ibrahim Yener information about their goods because he’s a foreigner.

Yener joins the ranks of Ana Bortz, the Otaru Onsen Plaintiffs, and Steve McGowan, all of whom won and/or lost in court in varying degrees.

The positive thing to note here is that Mr. Yener filed suit all by himself, without legal representation, and still won. He no doubt had the company dead to rights because he had their refusal in writing. That means that anyone else with a case as watertight as his can also take it to court and win, and I advise people to do so whenever possible.

The negative thing to note here is that once again the award amount has been reduced. In the Bortz Case, the award was 2 million yen, in the Otaru Case it was 1 million yen per plaintiff, and in the McGowan Case, after a ludicrous defeat in lower court, it was eventually only 350,000 yen on appeal, which didn’t even come close to covering his legal fees. In the Yener Case, it’s now been reduced to a paltry 200,000 yen, which means it’s a good thing he didn’t seek legal representation.

(And as the article notes, the discriminator is thinking of appealing, claiming this amount — essentially pocket change for a company — is too high. The idiots also try to make the common excuse that “Japanese Only” alludes to a language barrier, not a racial one; nice try, but didn’t hold up in court.)

Anyway, glad that Mr. Yener won. It’s just a pity that after all this time and effort, there isn’t any deterrent of punitive damages against racial discriminators. That’s why we need a criminal law against racial discrimination in Japan — because the excuse the Japanese government officially keeps making (that laws are unnecessary because there is a court system for redress) becomes less compelling with every lawsuit filed. Dr. Debito Arudou

UPDATE: Ibrahim Yener writes to Debito.org directly to provide more details on his case.

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

Turkish man wins solo battle in fight against discrimination
By SATOKO ONUKI/ Staff Writer
Asahi Shinbun, September 4, 2017, courtesy lots of people
http://www.asahi.com/ajw/articles/AJ201709040042.html

PHOTO: Ibrahim Yener, a 40-year-old Turkish national, in Osaka’s Kita Ward on Aug. 29. He successfully fought a court battle against a car dealer that declined to offer information about a used car on grounds Yener does not have Japanese citizenship. (Satoko Onuki)

OSAKA–Incensed at a car dealer’s refusal to send him literature on its range because he is not Japanese, Ibrahim Yener, a Turkish national, decided to wage a legal battle against the company for discriminating against a foreigner.

And Yener, who is 40 and a resident of Osaka, did it all alone–without a lawyer to represent him.

He said he opted out of hiring legal representation because he was confident his claim “is 100 percent legitimate.”

Yener went online to learn how to write a complaint to the court in Japanese and got friends to help him.

His complaint seeking 1 million yen ($9,090) in damages, filed with the Osaka District Court in March, reads: “I was informed by a company official that they will not serve foreigners.”

On Aug. 25, his efforts paid off.

The court ordered the company to pay Yener 200,000 yen in damages for “discriminating against him merely on grounds that he is a foreign national.”

Yener’s quest for equal treatment began when he made an online request last October for information on a second-hand car he was thinking of buying from the Osaka-based dealer.

The company replied: “We serve only those with Japanese nationality, and we do not meet requests for information from foreigners.”

Yener, a big fan of Japan and its culture, arrived in 2003.

His fascination with Japan began after he watched “Seven Samurai” by internationally-renowned filmmaker Akira Kurosawa while he was still back in his home country.

After his arrival in Japan, he studied the language in earnest and has worked for an information technology company and other businesses.

On occasion Yener had been distressed to hear people ridicule foreign nationals who cannot read kanji. He said there are times when he feels he is not treated “as an equal.”

“Regrettably, many people in Japan, not just the car dealer, think that they can discriminate against foreigners,” he said. “Since I admire Japan, I am very saddened by that.”

Many of Yener’s work colleagues sympathized with his plight and extended their assistance when he took the case to court.

“The lawsuit represents more than his personal battle as it raises an important question for everyone who lives in Japan,” said a colleague.

Preparing the documents was an enormous effort, and Yener was forced to take a day off from work so he could testify in court.

Nevertheless, Yener felt he was on a mission and prepared to fight to the end.

“Our world is certainly becoming a better place, compared with 100 years ago,” he said. “We can enjoy today’s world because people in the preceding era plucked up the courage and challenged (what was unreasonable). I, too, fought for people who will live in this society 100 years from now.”

The president of the car company said he is considering filing an appeal, adding that the sum ordered by the court is too high.

“Our original intention was to refuse to serve people who have difficulty understanding Japanese,” he said.
ENDS

UPDATE: Ibrahim Yener writes to Debito.org directly to provide more details on his case.
=========================
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“Japanese Only” signs come down in Monbetsu, Hokkaido. Finally. It only took 22 years.

Posted on August 30, 2017September 4, 2017 by Debito Arudou, Ph.D.

mytest

Hi Blog. Good news. A couple of weeks ago, friends Olaf and James wrote in to say that they went down Hamanasu Doori in Monbetsu, a seaport town in Eastern Outback Hokkaido. Here’s what book “Embedded Racism” Ch. 3 has to say about this case (expanded from the original entry on the Rogues’ Gallery of Exclusionary Establishments on Debito.org):

============================
Monbetsu, Hokkaidō

Place: Miscellaneous places around Monbetsu City (Hokkaidō) (two public/private sector bathhouses, a ramen shop, a restaurant, a karaoke parlor, and more than 100 bars).

Background: According to newspaper articles, plus several visits and interviews between 2000 and 2009 by the author and other activists, since 1995 Monbetsu’s local restaurateurs’ association (inshokuten kumiai) created and sold standardized signs in Cyrillic saying “Japanese Only Store” (Nihonjin sen’yō ten) that went up on over 100 bars and restaurants in the Hamanasu Dōri nightlife district. Interviews with bars displaying the signs revealed fears of Russian sailors’ custom, including the language barrier, drunken unruliness, nonpayment of bills, rumors of rape, surrounding Japanese customer dissatisfaction, and ties to Russian organized crime (although many interviewees said they had no actual experience with any of these issues – the sign was a preventive measure); some refused the author’s business even though he is not Russian and was accompanied by other Japanese. Three restaurants and a karaoke parlor expressed similar sentiments, and said they would have refused the author had he not been a fluent Japanese speaker. Two bathhouses (one private-sector, one public/private (dai-san sekutā)) claimed drunk and unruly Russian bathers were driving away Japanese customers).

Action taken by observers/activists: In July 2000, the Japanese Ministry of Justice, Bureau of Human Rights (jinken yōgobu) Asahikawa Branch wrote a letter (see ER Chapter Eight) to the restaurateurs’ association calling their activities “clear racial discrimination against foreigners,” demanding they remove their exclusionary signs. In an interview with the author in April 2001, the kumiai head claimed that these signs were now the property of their respective purchasers, and what they did with them was not their concern. After extensive media exposure of the situation in local newspapers and national TV between 2000 and 2005, signs began coming down, and further interviews and media exposure of the restaurants, karaoke parlor, and the bathhouses resulted in exclusionary rules being rescinded in the karaoke parlor, one restaurant and the public/private-sector bathhouse. In 2006, an interview with another restaurant enabled the author to personally take down one of the Cyrillic signs with permission. In 2004, the author and one other activist submitted a petition (chinjō) to pass a local anti-discrimination ordinance (jōrei), which subsequently died in committee.

Current status (as of end-2014): Confirmed in January 2010, at least sixteen of the original mass-produced Cyrillic signs are confirmed as remaining on the storefronts of Hamanasu Dōri bars and one restaurant. The private-sector bathhouse still has an exclusionary sign, but will let in “foreign” clientele if they speak a level of Japanese that satisfies the manager on duty. One of the former exclusionary restaurants went bankrupt in 2007. Monbetsu still has no anti-discrimination ordinance.

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

So the update is: The exclusionary signs are down in Hamanasu Doori. Pity it only took 22 years for it to happen, apparently by attrition. No thanks to the Monbetsu City Government, natch. Dr. Debito Arudou

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

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

Posted on August 23, 2017 by Debito Arudou, Ph.D.

mytest

JUST BE CAUSE

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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Japan Times cites Debito on “Tackling [anti-foreigner] signs in Japan that you’re not welcome”, including Tokyo Harajuku Takeshita Doori

Posted on June 6, 2017 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s an earnest Japan Times journalist trying to take on some nasty anti-foreign signs up in a prominent Tokyo shopping area. The article cites me at the end, thanks. Read on for another comment from me that didn’t make the cut. Dr. Debito Arudou

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

Tackling signs in Japan that you’re not welcome
BY DAISUKE KIKUCHI
The Japan Times, June 4, 2017

Entire article at http://www.japantimes.co.jp/news/2017/06/04/national/tackling-signs-japan-youre-not-welcome/

“MOTHER F——- KISS MY ANUS. F—- OFF Mother F——-… foreigner. Sneaking PHOTO.”

A hand-written sign bearing these words is among several decorated with similar insults that greet shoppers outside a fashion store that sells rock-style clothing in Tokyo. The sign sits among shirts emblazoned with designs featuring overseas rock bands such as Iron Maiden, Children Of Bodom and Marilyn Manson in the fashion and kawaii culture mecca of Harajuku’s Takeshita Street in Shibuya Ward.

The Japan Times visited the shop after being approached by a foreign resident who was disgusted to see the signs while he was with his young daughter.

“The shop is absolutely covered in these messages,” wrote the reader. “I walk past this place from time to time. The thing that annoys me most is that Harajuku is such an anything-goes area full of all kinds of subcultures and minorities, not least of all foreigners, so this place is like a nasty little pit of intolerance inside an oasis of colour and joy.”

Asked about the thinking behind the signs, a staff member at the store explained that the shop put them up after becoming frustrated by the terrible manners of foreign shoppers.

“They usually take pictures, without permission,” said the staff member. The shop is concerned about images of its products being uploaded to the internet, she said. As to whether they would consider taking down the sign, she added: “I’m not so sure. If (they) had good manners, we wouldn’t do this, but there are so many that have really bad manners.”

[…]

In 2002 the Sapporo District Court ordered a bathhouse in Otaru, Hokkaido, to pay ¥1 million each in damages to three plaintiffs refused entry because they did not look Japanese. This ruling was based on articles of the civil code protecting individual rights and authorizing damages when these rights are violated, Article 14 of the Constitution — which forbids discrimination — and international conventions on racial discrimination and civil rights. However, the court did not uphold the plaintiffs’ claim against the city for its failure to implement an ordinance against racial discrimination based on the international pact cited in the Bortz case. That verdict was confirmed by the Sapporo High Court.

Debito Arudou, a plaintiff in the Otaru case and a columnist for The Japan Times who writes about human rights, hosted a “Rogues Gallery” of “Japanese only” and other discriminatory signs found across the country on his website, Debito.org, in the years after the Otaru case. There, readers could post photos of signs they found locally or on their travels, as well as any measures taken to get those signs removed, some of which proved successful.

“After the Otaru onsens case, bigoted shopkeeps realized they could put up ‘Japanese only’ signs with impunity, and they proliferated around Japan,” explains Arudou. “I dropped by those places, asked ‘Why this sign?’ and what could we do about it.

“Most managers adamantly denied any racism on their part, until I asked if someone like I, a Caucasian with a Japanese passport, could come in. When they said no, I pointed out the racism, to which they just shifted tack and blamed their racist customers. When they said yes, I often came inside and got more information about what was necessary to get the signs down. When they said they’ll think about it and I should come back later, I did and was usually denied entry again. I’d say each situation happened about a third of the time.

“We did get several signs down,” Arudou says. “Part of it was by calm persuasion about what how unenforceable the policy was: How were they to decide who was Japanese, especially when I was proving it was possible to be one without looking like one — and what about Japan’s international children? Part of it was the need to make the rules clear despite a language barrier. I listened to their rules, wrote up a bilingual sign for them to display, and received their exclusionary sign in trade. And part of it was quietly pulling signs down in the middle of the night. They didn’t go back up.”

Based on his experiences, Arudou advises engaging with business owners displaying discriminatory signs.

“If you have the language ability, or a friend or native speaker who is so inclined, ask the manager why the sign is up, and what it would take to get it down,” Arudou says. “After all, we shouldn’t allow racist behavior to be normalized through public signage. And if that doesn’t work, of course, I would never advocate that people pull the signs down quietly in the middle of the night. Never ever.”
ENDS

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

NB: I also commented directly about the signs that open this article, which didn’t make the cut:

=====================================
The authorities are right. This isn’t a “Japanese Only” sign. It’s just a rude anti-foreigner sign, painstakingly rendered by shop staff too angry to say “No photos, please.” Kinda ironic, given the penchant for Japanese tourists here in Hawaii to take snapshots of anything they find exotic. At least merchants here word their notices more politely.

You could make the case that this is hate speech, but it might not convince enough people who can’t be bothered with signs that don’t affect them. It’s better to contact tourist associations, and do some name-and-shame as the 2020 Olympics loom.

Or better yet, create unintended consequences. Tell people where the sign is, and go take pictures of it. Add to the irony with photos of “no photos”.

=========================
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Asahi: Joe Kurosu MD on ineffectually low doses of medicine for NJ patients and bureaucratic intransigence

Posted on May 12, 2017May 12, 2017 by Debito Arudou, Ph.D.

mytest

Hi Blog. In our previous blog entry, Debito.org Reader StrepThroat brought up the issue of Japanese medical prescription doses being too low to be effectual for some larger patients, particularly larger NJ patients used to larger doses overseas. Some respondents recommended taking double the dose and going to the doctor again for refill of the prescription, while others self-medicated with overseas supplements, and still others mentioned falling through the system entirely (particularly when it came to painkillers).

Joe Kurosu MD, who runs a clinic in Shimokitazawa, adds to this discussion in a January 2010 series of opinion pieces in the Asahi Shinbun, by saying:

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

Asahi: “For reasons that are unclear, however, the indicated maximum dose is often significantly lower than that which is standard in other parts of the world. Difference in physical frame and incidents of side effects are some of the purported reasons, but a scientifically convincing basis is lacking.

“A significant number of resident foreign nationals currently receive health care through the Japanese national health insurance system, but are ill-served because of these dosage standards.

“The maximum daily doses indicated on package inserts of standard medications for high blood pressure, diabetes and depression, for example, are one-quarter to one-half of the standard doses in other countries for the identical drug. […]

“In any case, if the government requires foreign nationals to join the [National Health Insurance] system, it must be willing to provide services appropriate to that population. If this is not possible, then buying in the system should be voluntary […] I urge the government and relevant authorities to return autonomy to the physicians so the medications can be prescribed appropriately for the patient, whether or foreign or Japanese, based on science and clinical judgment, rather than [mechanically applying the dosage levels indicated on the package inserts].”
//////////////////////////////////////////

Here are scans of Dr. Kurosu’s articles in English and Japanese, courtesy of Dr. Kurosu himself (pctclinic.com) and RJ.

PDF versions here (click on link):
Kurosu2
KurosuArticleJP

There was another question as to whether Japanese medical testers screen for Japanese as an ethnicity (or “race”) when it comes to clinical trials. Well, yes they do — as demonstrated here in Hawaii when I saw an ad in our campus newspaper back in 2012 calling for “Japanese” people to volunteer for a series of clinical trials “to help Japanese people”, sponsored by Covance. I inquired (as a Japanese citizen), but was told that they were only interested in “ethnic Japanese” (including those who didn’t have Japanese citizenship, but had “Japanese blood”). Oh well. Missed out on my body mass.

Many thanks to everyone for helping make Debito.org a valuable resource and forum. Dr. Debito Arudou

=============================
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Reader StrepThroat: Medical prescriptions for foreign patients gauged to ineffectual children’s doses, regardless of patient size considerations

Posted on May 7, 2017May 12, 2017 by Debito Arudou, Ph.D.

mytest

Hi Blog. We’ve dealt with cases of hospitals refusing to treat NJ patients before (see some cases here). Here’s something that’s never come up on Debito.org before: How even when NJ receive treatment, medicines may be ineffectual due to low dosages. Check this out. I’m not a doctor (well, not one that can write prescriptions), so I hope members of the medical community can weigh in on this one. Dr. Debito Arudou

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

From: StrepThroat
Subject: Fwd: Indirect discrimination in prescriptions?
Date: May 6, 2017
To: debito@debito.org

Dear Debito,

I don’t tend to get sick often but just my luck, I was hit with some evil form of strep throat just as Golden Week started. After hours of hunting down an open hospital, and then another hour or so to hunt down an open pharmacist, I had my prescription antibiotic cut down to 2/3rds the prescription at the pharmacy. Apparently the doctor had taken my size into consideration when writing the prescription…but the pharmacists called him out on it exceeding the maximum daily dosage. I protested but was ultimately left with what the rest of the world considers a children’s dosage. After speaking with the pharmacist, doctor, and other pharmacists, what I found was the maximum dosage of certain medications is regulated by law and the maximum dosages for sales within Japan are determined by trials done exclusively on ethnic Japanese. I’m hardly a huge guy but at 75kg, I’m surely larger than the average Japanese. so this results in less than ideal dosages for nearly everything. For example, this time I was given:

acetaminophen:

Extra Strength Tylenol is 1000mg every 6 hours.
Normal Tylenol is 650mg every 6 hours.
Childrens Tylenol is 500mg every 6 hours.
Japanese Calonol is 400mg every 6 hours.

clarithromycin:

Overseas recommended dosage is 250-500mg twice a day.
Japanese dosage is 200mg twice a day.

Huscode 741 combo pills

Overseas adult dosage is 3 pills, 3 times a day.
Overseas children’s dosage is 2 pills 3 times a day.
Japan dosage is 2 pills, 3 times a day.

Basically, strict regulation of dosage size, based on the average ethnic Japanese rather than a more reasonable system based on body weight or age like in other countries. The end result is ineffective, children’s dosing or less for those of us who don’t fit the garigari average Japanese body size standard.

Probably not intentional racism but the narrow-minded mindset to use only locals for domestic Japanese consumptions means at the end of the day, it is likely to affect most NJ patients as well as any Japanese that are larger than the average Japanese. Every doc and pharmacist agreed the dosages were too small but gave the usual shogainai/gamanshikadekinai answers.

Sincerely yours, StrepThroat

========================
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UPDATE: Asahi: Joe Kurosu MD on ineffectually low doses of prescription medicine for NJ patients and bureaucratic intransigence, in the Asahi Shinbun https://www.debito.org/?p=14616

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

Posted on January 3, 2017January 12, 2017 by Debito Arudou, Ph.D.

mytest

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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.”

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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CR on how Japan’s blue-chip companies (Canon) get around new Labor Contract Law: Special temp job statuses and capped contracts for NJ

Posted on December 13, 2016December 11, 2017 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s a submission from Debito.org Reader CR, about the application of the “five year rule” of Japanese Labor Contract Law in Japan’s blue-chip companies. Although the 2013 revision in the law was meant to say, “five years of contract renewals means you must rehire the person as a regular employee (sei sha-in) without a contract” (which would end the exploitative system of unstable employment through perpetual contracting), it’s had the opposite effect: encouraging employers to cap the contracts at five years. Meaning that starting from April 1, 2018, five years since the revised Labor Contract Law took effect, we’re expecting to see a mass firing of Japan’s contract laborers.

This is precisely what has been happening to Japan’s non-tenured foreign academics for generations in Japan’s Academic Apartheid System, with the occasional “massacre” of older Japanese contracted academics just to save money, but now it’s being expanded systemwide to the non-academic private sector. We’ve seen rumblings of its application at Tohoku University for everyone. But of course we have to make it even worse for foreign workers: At Canon, one of Japan’s flagship companies, NJ are being given special “temp” employment categories with contracts explicitly capped at five years from the outset. One more reason to read your employment contracts carefully, if not avoid entirely the increasingly unstable and segregated jobs in Japanese companies. Dr. ARUDOU, Debito

——————————————–

From: CR
Date: December 8, 2016
Hi Debito,

Long-time reader, few-times commenter. I’m contacting you because I think this would be a good follow-up to your post about the 5-year massacre issue.

I work as a translator for Canon. Although I don’t work at the 本社 (HQ), I am a Canon Inc. employee.

First, let’s just get this out of the way: you are welcome to use any information I provide here in your blog (and I am willing to get additional information as far as I am able), but I would prefer to remain anonymous.

At Canon, NJ are hired as “プロ社員” (pro sha-in), which basically means “contract employee”. Note that there is also a “Jプロ社員” (J-pro sha-in) category, as Japanese can also be hired as contract employees (my understanding is Japanese who are 中途採用 (chuuto saiyou, or halfway hires) start as contract employees, but can move to 正社員 (sei sha-in, or regular non-contract workers) within a year or two; I don’t know the conditions for this, however).

The contracts are typical one-year contracts with the option of renewal, provided renewal is the desire of both parties; basically the standard you would expect. As you know, in 2013 the revision to the Labor Contract Act came into effect, essentially giving contract employees an avenue to become 正社員 regular non-contract workers after five years of continuous, contract-based employment (the earliest this could happen for an employee is then April 1, 2018). This, presumably, was designed to help people like myself achieve greater employment security.

Here’s the thing. Apparently, after the revision to the law, and I’m not sure of the exact date that they started doing this because to my knowledge there are not really frequent hirings of NJ and nobody I’ve spoken with seems to know, NJ hires have a clause in their contract stipulating that there will be no further renewal after their period of employment reaches the 5-year mark. Potential hires are informed of this before or during the interview process, apparently, so those in the know can make an informed decision. However, it is also my understanding that there are people who were hired before this change took place and are being grandfathered in; in other words, the 5-year limit clause is not being added to their contracts, and presumably they will be able to become 正社員 when the time comes, but newer NJ hired will not.

Obviously I’m pretty incensed about this, it’s difficult to work in an environment where there are clear discriminations such as this. Note that while I believe the discriminations are racially-based, the only thing that is visible is based off nationality. I don’t know how the company handles NJ who have naturalized, or even if any naturalized Japanese citizens are among the employee ranks. It rankles even more because there are always various “Compliance”-related initiatives, announcements, and activities, to show employees how important it is to play fair, not discriminate, follow the rules and the law, etc.

So, big, established, famous, international Japanese companies are already putting discriminatory clauses that violate the spirit, if not exactly the letter, of the law into the contracts of NJ. Also, this effectively puts the kibosh on any potential promotions of NJ; you cannot be promoted as a contract employee. The glass ceiling is alive and well.

It would be nice to this get some attention and change as a result, but I won’t hold my breath about changes, at least.

All the best, CR

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

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Japan Times: “Riding while foreign on JR Kyushu can be a costly business” (re train ticket discounts in Japanese only)

Posted on December 8, 2016December 8, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. First have a read of this article, and then I’ll comment:

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

Riding while foreign on JR Kyushu can be a costly business
BY LOUISE GEORGE KITTAKA
The Japan Times Community Page, DEC 4, 2016
http://www.japantimes.co.jp/community/2016/12/04/how-tos/riding-foreign-jr-kyushu-can-costly-business/

The last column of the year starts off with a problem regarding buying JR train tickets in Kyushu. Reader A writes:

I thought you might be interested in this issue that I encountered when using an automatic ticket machine in Hakata Station, Fukuoka.

Because I don’t read Japanese so well, I changed the machine to English language. As I went through the menu I could not select the “nimai-kippu” (two tickets of the same type) option, which offers a discount. The only options I had were two individual tickets — if I recall correctly the price difference was ¥2,000. I canceled the sale and went to the counter and had a conversation with the clerk, who confirmed that once English is selected, the cheaper two-ticket option wouldn’t be offered.

I was thinking how many hundreds of thousands of yen have been taken from people simply because they select English and don’t happen to know about the cheaper ticket options. My wife actually emailed JR Kyushu, but just got back a standard, “Thank you for your email.”

I spoke to a representative in JR Kyushu’s PR department. After some investigation, he confirmed that this situation still exists with some of the ticket machines once the foreign language option button (for English, Korean and Chinese) is pressed. It seems that there are two types of ticket machines, and while it isn’t a problem for the “two-ticket option” for shorter distances (kin-kyori), it does affect those for machines for longer distances (shitei kenbai). As our reader pointed out, this could result in non-Japanese customers paying quite a bit more if they purchase tickets through the machine.

“While JR Kyushu isn’t in a position to change the machines immediately, we will take this opportunity to discuss the situation and see how we can improve things for our foreign customers,” said the rep. He thanked the reader and Lifelines for bringing the problem to the department’s attention.

Has anyone encountered a similar problem with JR tickets in other parts of Japan? JR Kyushu’s spokesperson said it is possible the same situation could be happening in other areas, too.

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

COMMENT: Two things: One is that we have proof positive in a national newspaper of separate pricing schemes based upon language. And this at one of Japan’s flagship companies (Japan Railways), no less. Consider the parallels: A restaurant with menus with cheaper prices for customers if they can read Chinese (something frowned upon as discrimination elsewhere). Or travel agencies that reserve cheaper plane tickets for Japanese citizens only (see here too). Japan’s train network in Kyushu is filtering customers by language ability and charging Japanese-illiterates a premium. This must stop, obviously, because it’s discriminatory.

And this is a great example to bring up point two: How people still defend the practice, no matter what. I waited a few days to post this, and sure enough, the Japan Times article predictably collected a few comments from guestists and denialists. They decried anyone calling this practice “racist” (even though it is, under modern definitions of racial discrimination being a process of differentiation, othering, and subordination). They instead went to the extreme of calling the decriers “racist”, or conversely the practice of selling discounted train fares to foreign tourists “racist” (actually, they can be sold to Japanese-citizen tourists as well as long as they don’t live in Japan), despite all the government campaigns to promote foreign tourism these days.

The point to stress is Japan’s subtle racism is particularly devious because of its plausible deniability. People will seize on any excuse to justify discriminatory treatment. Want equal rights or treatment in Japan? Become a Japanese citizen. Want equal access to cheaper train fares? Learn Japanese. You see, discrimination is the fault of those being discriminated against — because they didn’t take every measure to evade the discrimination. Its an acceptance of a differentiated and othered status, used to justify the subordination — which deflects discussion of why this discriminatory system exists in the first place.

Why can’t customers just be treated as customers, and their money for access be valued the same way, regardless of their language ability? Well, I’ll tell you why. Because to JR, it’s not a matter of fairness or equality. It’s a combination of setsuyaku and mendokusai. Making discounts multilingual would be costly, and then there’s the factor of profiteering from the extra fares. The incentive system is clear: Why pay more for a system that brings in less revenue? And besides, the foreigners won’t realize it (because foreigners obviously don’t read Japanese), won’t complain (because they’re so powerless, with no voice in Japan except, ahem, the Japan Times), or they aren’t organized in numbers big enough for a meaningful boycott (plus, as seen above, anyone calling for organized action will be called racist even by their own side).

This is one reason why discrimination is so hard to get rid of in Japan. It’s subtle enough at times for people to naysay it. Dr. ARUDOU, Debito

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

Onur on Fukuoka hotel check-ins in: Police creating unlawful “foreign passport check” signs in the name of (and without the knowledge of) local govt. authorities!

Posted on November 20, 2016February 23, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Onur, our local watchdog on Japan’s hotel policies towards “foreign guests”, has submitted another report, this time on hotels in Fukuoka. The last case he submitted exposed how police in Mito, Ibaraki Prefecture, were deliberately lying about the law to create notices requiring the racial profiling of all “foreigners” at hotel check ins. Now in Fukuoka the same thing is happening, only worse: Fukuoka Prefectural Police are creating erroneous signs in the name of local government authorities without the knowledge of those local authorities!

This is odious. Given the recent Debito.org report about racist check-ins at Sakura Hotel in Jimbocho, Tokyo (done according to the hotel itself “to provide safety for our guests“, whatever that means), and the fact that I uncovered this unlawful practice more than ten years ago in my Japan Times columns (“Creating laws out of thin air,” Zeit Gist, March 8, 2005; “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” JBC, July 6, 2010), it seems the problem is nationwide and systemic. Our police forces continue to enlist the public in their racial profiling of “foreigners” (whether or not they are tourists or residents of Japan), whether or not the law or the local authorities permit them to. (It doesn’t.)

Read on for Onur’s latest. Well done. Dr. ARUDOU, Debito

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

Date: Nov. 17, 2016
From: Onur
Hello Dr. Debito,

I am Onur, who sent the poster that Ibaraki Police distributed to the Hotels. I had a similar experience in Fukuoka. I stayed in S.B Hotel Hamanomachi. I saw the attached poster on the reception desk. I asked permission and took a photo it. It clearly says that they ask every foreigner to present his/her passport.

20161030_175006b

However, I just wrote my Japanese address to guest registration form during check-in and the reception did not ask me to show a passport or a card. The check-in was smooth.

Later I stayed in Hotel New Gaea Hakata-Eki Minami. The reception asked my passport. I said I don’t carry it. Then they asked my residence card. I don’t have to show it but I showed my residence card to reassure them. Then the receptionist took my card and went to another room without saying anything. I was shocked. I asked what are you doing? He said he is copying my residence card. I said no. According to the law as I am a foreigner with an address in Japan, no copying is necessary. Then the receptionist was shocked when I said no. He did not say anything and gave my card back to me.

I decided to solve this problem by contacting the people in charge. At the bottom of the poster, it is written “Health Center in Fukuoka Prefecture and Fukuoka Prefectural Police”. Therefore, first, I went to Central Health Center (中央保健所) in Fukuoka City. I talked with the person in charge for the hotels. He was very friendly and helpful. I showed the poster in the first hotel and told the incident in the second hotel. He said that even though the poster says “Health Center in Fukuoka Prefecture” at the bottom of the poster, the poster is not prepared by the health center and he has never seen this poster before. He said the information in the poster is definitely wrong and the poster may have been prepared by the hotel. He said they will contact to those two hotels and warn them.

Then I went to Fukuoka Prefectural Police Headquarters. I showed the poster and asked to talk with the officer in charge. As the prefectural headquarters is very big, it took a long time to find out the officer in charge. Three officers came. They were friendly and willing to solve the problem. First I showed the poster. They accepted that the police printed the poster and distributed to the all hotels in Fukuoka prefecture. I showed the official announcement of the Health, Labour and Welfare Ministry at https://www.city.shinjuku.lg.jp/content/000062471.pdf and said that their poster is clearly different. They were very surprised. It seems that they did not know the details of the hotel law and regulations well. They could not understand what is wrong in their poster. I gave a long speech about the law and the guidelines of the ministry. They finally understood the problem and apologized. They said they will check it in detail and fix the poster.

A few days later I got a phone call from the police. They apologized again. They said they will print a new poster, but it may take a long time to replace all the posters in the prefecture. They said they will ask the hotels to check only the residence card without copying it to verify the address, if the foreigner guest says he has an address in Japan. I said it is wrong again. I said “I called the ministry and they told me that there is no need to check the residence card or passport if a foreigner says he is living in Japan and writes the Japanese address to check-in form. Please call the ministry for the details and follow their guidelines exactly”. Later the Central Health Center in Fukuoka called me. They said they talked with those two hotels and also the police headquarters and warned them about following the rules. They said please call us if you experience such a problem again.

In short, if you experience such a problem in a hotel, I think the best way to solve is to contact the local Health Center, which is the local authority over the hotels, and also the police headquarters if they are involved.

Best Regards,
Onur
ENDS

===========

Shiki on unlawful and racist check-in practices at “foreigner-friendly” Sakura Hotel Jimbocho, Tokyo

Posted on November 11, 2016November 11, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Turning the keyboard over to someone who had a bad experience at one of the allegedly “foreigner friendly” public accommodations in Japan. According to Shiki, this hotel is racially profiling its customers in violation of the law and blaming the police for it. Dr. ARUDOU, Debito

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

November 6, 2016
Hello Dr. Debito,

My name is Shiki, and I’m a long term resident in Japan, having been living for almost 9 years now, and I’m actually in the process of naturalization.

I wanted to report about the most horrible experience I’ve had in Japan, which happened on October 25, 2016, at a Hotel called “Sakura Hotel Jimbocho“.

I live in Sapporo, and a few weeks ago I was told by my boss that they needed me to go Tokyo in less than a week from that date. I reserved my air ticket, and looked for hotels near where is the Tokyo office of my company.

I looked at many capsule hotels, but since I needed to finish some work before the next day I preferred to get a single room so that I could work in my Notebook, but the problem was that all hotels around that area where more expensive that what the company was willing to cover for my stay.

Then I remembered that near that place, I saw once this “Sakura Hotel”, which even thou I never used any of “Sakura” services, I knew it they offered guest houses and weekly mansions mainly targeted to foreigners, so I just went to their site to see what that place was about, and it appeared to be a normal hotel, mainly targeted to tourists, but they were also offering it as a cheap business hotel for Japanese people. So I took a look at the prices, and it was perfect.

It was a small room, with free wifi, and so close to the office that I could actually just walk to it, and I could arrive late at night to check in (which I needed to), so with no second thoughts I just reserved it.

And this was the time I saw the first red flag of what was about to come. In the registration they asked for my nationality, which is something I’ve never been asked before. And it said that “Foreigners were required to show their passports”, so I looked at this, and saw your posts about the subject, and then I just thought “Thet are just doing this for the tourists”, so I just left the default that was “Japanese” in nationality.

I arrived at the hotel past 11pm, and went to the lobby and it was the usual check-in, until the guy asked me for my passport, to what I just said “I’m not a tourist”, then this guy asked me if I was Japanese, and I told him that no but that I was not a tourist and didn’t even had my passport with me.

So he then started to ask for my Residence Card, and I told him that my Residence Card contained private information, so I was not comfortable showing it, and then the guy, late at night told me that then they could not take me as a guest unless I showed them my residence card.

At that moment I was not sure if it was even legal for them to refuse me service, so I insisted that the whole thing of the passport is supposed to be targeted at tourists who do not have a residence in Japan, and that since I had an actual address in Japan that rule did not apply to me. Then this guy proceeded to say that it was “hotel policy”, and that if I didn’t wanted to comply with “hotel policy” I was free to search for another hotel.

It was late at night, I’ve searched mant cheap hotels on internet and I knew all of them were full, my phone battery died, so i couldn’t even search anything, so really I was forced to give him my card, which he took a copy witbout my permission, and asked him to destroy the copy, thing he refused to do, and threatened me to “return me my money” if I continued “causing trouble”.

So I got to my room and immediately searched for my legal standing on this matter, and this us when I knew that they cannot refuse me service, so I went down with a copy of the law, and told the guy on the lobby to read it.

He took a look at it, and then told him that it was actually illegal for him to refuse me service, and that I wanted them to destroy the copy of my residence card or that I would sue them.

The first response of this guy was “you are free to do whatever you want”, and then I proceeded to ask for his name, and told him I was going to contact management of the company and tell them what he just said.

The he proceeded to make excuses that he dodn’t knew about the law, that he has to report foreigners to the police, and almost telling me that he was gping to “get scolded” by the police if they saw my name without any ID.

I told him it wasn’t my problem, and that he just needed to show the police that I have an address in Japan. He told me that police was going to scold him for not giving the ID of a foreigner, and when I asked him how would they even know if I’m a foreigner and not of Japanese nationality, he proceeded to make a racist statement about how “He can tell by their face, or their accent”. I told him that was racist and he proceeded to once again threaten me about “returning me my money” even after was I told him.

So I returned to my room, and wrote a mail of what just happened to the management of the hotel. The next day when I was about to check out, this new guy told me he was in charge of the hotel and that he saw my mail.

He apologized for how the guy last night handled the situation, and then he started to explain me that they have many foreign customers, and because of this they are tightly under the watch of the police, and that ws tbe reaspn for their policy.

I told him that his policy is illegal, since the residence card is contains sensitive information and that they cannot ask and then try to refuse service if I don’t comply.

He told me that they need some kind of identification, and I told them that I was more than happy to give them my identification, but just not my residence card.

He continued trying to justify himself, at one point he even started out of nowhere to speak in broken Spanish (he probably saw in the residence card info I refused to give that I was from a Spanish speaking country, which made me more mad than anything, specially when I was talking with him in Japanese without any problem), and I was running late, so I just told him that I have never been asked by a hotel to provide any extra information outside of my name and address, and he told me that they “may” change their policy.

I’m really considering taking legal action against this company, and I hope this helps to expose this company to their foreign customers, so that next time they want to use their services they are aware that they are a company that racially profiles people and ask them illegally based on this to provide personal information under the illegal threat of refusal of service.

Regards, Shiki.

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

Mainichi: Court orders anti-Korean group to compensate woman over hate speech

Posted on October 18, 2016April 20, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. The third in a series (the first two are here and here) about developments after Japan’s first hate speech was passed earlier this year. Critics (naturally) decried it as a means to stifle freedom of speech, but I took exception to that, saying that it was a step in the right direction, at least. This series of articles in the Mainichi Shinbun seem to bear that out, talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. For example, this next case ruling against officially-certified hate group Zaitokukai, which even cites the UN CERD! Bravo. Dr. ARUDOU, Debito

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

Court orders anti-Korean group to compensate woman over hate speech
September 28, 2016 (Mainichi Japan)

http://mainichi.jp/english/articles/20160928/p2a/00m/0na/003000c
Courtesy of JK

OSAKA — The Osaka District Court on Sept. 27 ordered a citizens’ group that holds hate speech rallies targeting Korean residents in Japan to pay 770,000 yen in compensation to a Korean woman over defamation carried out by the group and its former chairman.

Freelance writer Lee Sin Hae, 45, filed the lawsuit against “Zainichi Tokken o Yurusanai Shimin no Kai” (literally, “citizens’ group that does not forgive special rights for Korean residents of Japan,” or “Zaitokukai”) and its former chairman Makoto Sakurai, 44, demanding 5.5 million yen in compensation for defamation by fueling discrimination against Korean residents through hate speech campaigns.

According to the ruling, after Lee contributed an article criticizing hate speech to an online news site, Sakurai called her “an old Korean hag” at rallies his group organized in Kobe’s Sannomiya district and targeted her on Twitter using a discriminatory word for a Korean person sometime between 2013 and 2014 when he was the head of the group.

Presiding Judge Tamami Masumori acknowledged that some of the things Sakurai had said and tweeted invaded her personal rights and concluded such actions constituted insults banned under the U.N. International Convention on the Elimination of All Forms of Racial Discrimination.

At the same time, Lee’s claim of emotional distress caused by the spread of information posted online was denied.

Zaitokukai released a comment, saying the ruling was “one-sided and unjust.” Both the plaintiff and defendant are considering filing an appeal.

UPDATE: The case was appealed. And Lee won again in 2018.

ENDS

Japanese version
ヘイトスピーチ訴訟
「人種差別」認定　大阪地裁、在特会に賠償命令
毎日新聞2016年9月28日　東京朝刊
「人種差別」認定　大阪地裁、在特会に賠償命令
http://mainichi.jp/articles/20160928/ddm/041/040/183000c

インターネット上などの民族差別的なヘイトスピーチで名誉を傷付けられたとして、在日朝鮮人の女性が「在日特権を許さない市民の会（在特会）」と元会長の桜井誠氏（４４）に５５０万円の賠償を求めた訴訟の判決が２７日、大阪地裁であった。増森珠美裁判長は一部について「在日朝鮮人への差別を助長、増幅させる意図があった」と認定し、在特会側に７７万円の支払いを命じた。双方とも控訴を検討している。

原告はフリーライターの李信恵（リシネ）さん（４５）。判決によると、李さんはネットニュース上でヘイトスピーチについて批判的な記事を書いた。桜井氏は在特会の会長だった２０１３〜１４年、神戸・三宮での街宣活動で「朝鮮人のババア」と発言したり、ツイッターで「鮮人記者」などと書き込んだりした。

増森裁判長は桜井氏の一部の発言や記述について、「人格権を違法に侵害するもの」と指摘。人種差別の撤廃を求める人種差別撤廃条約の趣旨に反した侮辱行為と結論付けた。

一方、李さんはネット情報の拡散被害による精神的苦痛なども訴えたが、判決はこうしたネット被害には踏み込まなかった。在特会側は代理人弁護士を通じ、「判決は一方的で不当」などとする談話を出した。【向畑泰司】
ENDS

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

Mainichi: After Osaka hate speech ordinance adopted, daily xenophobic marches decrease, hateful language softened

Posted on October 6, 2016October 8, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. When Japan’s first actual law against hate speech was passed in January this year, critics (naturally) decried it as a means to stifle freedom of speech. I took exception to that, saying that it was a step in the right direction, at least. Recent articles in the Mainichi Shinbun seem to bear that out. Here is one of three, talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. Read on. Dr. ARUDOU, Debito

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

From: JK
Hi Debito. Have a look here:

1 month after anti-hate speech law adopted, marches down, language softened
http://mainichi.jp/english/articles/20160724/p2a/00m/0na/003000c

“The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns.”

“Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.”

Seems like the law is doing a decent job of treating the symptoms, but is obviously unable to deal with the underlying problem due to the absence of an anti-racial discrimination law on the books.

In other news, the German Justice Minister wants harsher action against hate speech online:
http://www.breitbart.com/london/2016/07/19/german-justice-minister-harsher-action-hate-speech/

Regards, JK

Full article:

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

1 month after anti-hate speech law adopted, marches down, language softened
July 24, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20160724/p2a/00m/0na/003000c

A protest banner reading “sever Japan and South Korean relations” and a counter “anti-racism” protest’s banner written in English are seen in Chuo Ward, Tokyo, on June 19, 2016. (Photo credit: Mainichi)

One month after a new anti-hate speech law was put into effect, and following the introduction of the nation’s first local anti-hate speech ordinance in the city of Osaka on July 1, the Mainichi Shimbun investigated how much effect these new measures have had in putting an end to hate-speech protests.

A citizen’s group that accuses the Osaka ordinance of “discriminating against Japanese” and was planning a demonstration in front of the Osaka Municipal Office on July 12 listed the following among its notices for its demonstrators: “Please don’t use placards with extreme content,” and “No flags with swastikas or other things that will invite misunderstanding.”

The demonstration was canceled due to rain, so what exactly was meant by “extreme content” is unknown, but it seems likely the group was trying to limit language that insults and rejects ethnic Koreans in Japan.

Mun Gong Hwi, an ethnic Korean, is head of the secretariat of “Hate Speech o Yurusanai! Osaka no Kai” (don’t allow hate speech! Osaka group), which has applied based on the Osaka ordinance for recognition as a target of hate speech. Mun says, “In a street demonstration by a hate group in April, there was a moment when one participant started to use blatantly offensive language to attack Koreans, and the organizers hurried to stop them. The number of hate demonstrations has also fallen greatly since around the time of the ordinance taking effect.”

Under the Osaka ordinance, if the mayor authorizes it, individuals or groups that have conducted hateful behavior toward others can have their names publicized, but so far this aspect of the ordinance has not been used. Mun adds, “The drop in (hate) demonstrations may just be because they are watching to see how things develop.”

In Ginza, Tokyo, where since around last year there has been a marked increase in hate demonstrations, there have also been changes since the new legal measures. During a demonstration on June 19, instead of banners insulting Koreans, protesters carried banners calling for severing relations between Japan and South Korea, apparently having chosen to avoid ethnically-charged language and instead place emphasis on their political argument.

Masayuki Watanabe, associate professor at Daito Bunka University, who has been urging Ginza commerce and industry associations and the ward assembly to take action against hate speech, says, “The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns.”

The response of police and the government administrations to hate marches has also changed. On June 5, just after the execution of the new law, the Kawasaki Municipal Government refused to give permission for a park to be used for a protest targeting the social welfare corporation “Seikyu-sha,” which gives support to the many ethnic Koreans living in the city’s Sakuramoto district. Additionally, the Kawasaki branch of the Yokohama District Court called the hate speech demonstrations “an illegal violation of human rights” and prohibited them from being held near the Seikyu-sha building.

Kanagawa Prefectural Police gave permission for the demonstration to be held in a different street location, but protesters staged a sit-in. The police urged the organizers to call off the demonstration for safety reasons, and it was canceled.

Tomohito Miura, the head of Seikyu-sha’s secretariat, says, “Before the anti-hate speech law was created, the police wouldn’t even tell us the routes planned for the demonstrations, and it was we who were treated like an illegal group. The police wouldn’t protect us from hate demonstrations in our neighborhoods, and government services would say, ‘There is only so much we can do under the current law.’ We were on the receiving end of these three layers of damage.” He was complimentary, however, toward the efforts of government organs, the judiciary, police and citizens since the passage of the law, saying, “It is a definite step forward that we were able to stop the demonstration.”

While vulgar insults from these hate marches may be disappearing from the streets, the question remains whether the new law will be effective in combatting discrimination. In deference to the Constitution’s guarantee of freedom of speech, the law does not forbid anything or include any punishments, but it makes it the national government’s responsibility to set up help for victims of hate speech and to work to educate and provide awareness to the public to stop the speech from occurring. It also calls on municipal governments to work toward these goals. Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.

The Ministry of Justice’s Human Rights Bureau dispatched employees not only for the planned Kawasaki demonstration, but also for ones in the cities of Fukuoka and Osaka after the new law went into effect. Using tools such as videos and posters, they are trying to educate people about hate speech. However, the bureau emphasizes, “The law does not involve applying any kind of legal effect when there is a case of hate speech.”

Following the implementation of the new law, the Ministry of Education, Culture, Sports, Science and Technology instructed prefectural boards of education to take “appropriate responses.” When asked what kind of education is an appropriate response to the law, the ministry’s Social Education Division said, “Efforts that are adapted to the circumstances, such as whether there are many foreigners in an area, are needed. However, we mustn’t stir up settled problems through this education.” While there is some truth to what the division says, it does seem they are still trying to find their footing on how to proceed.

Will other parts of Japan do the same as the Osaka Municipal Government and establish local ordinances against hate speech? When asked about specific future policies on hate speech, the human rights and gender-equality section of the Kawasaki Municipal Government was tight-lipped, saying its policy was being carried out “at the discretion of the mayor.” When pressed, a representative said, “Regarding things like refusing permission to allow use of the park (for the hate demonstration), I hear there is a movement to sue the municipal government for discriminating against Japanese people. We don’t want to reveal our plans.” Apparently, like the demonstrators, the government side is watching to see what the other does.

If another hate demonstration is planned in Kawasaki, will the citizens have no choice but to stage a sit-in and wait for police intervention? Miura says, “The fact that police gave permission for the June demonstration to be held in the street shows the current limits (of the law). We can’t ask the police and government services to do everything. Next time, we will have to stop the demonstration in a different way. The work to overcome the limits of the law has just begun.”

Not limited to just fighting against hate speech, Miura says Seikyu-sha will work with the municipal government to advance effective ordinances and guidelines that promote the coexistence of different cultures.

Regarding the city of Osaka, which has its own anti-hate ordinance, Mun says, “We don’t yet know the extent of the effects of the anti-hate law or the ordinance. This is why we want to use the ordinance as much as possible and discover exactly what it can do and what it can’t. Based on that, if necessary, we want to pursue revision of the ordinance to restrict hate speech itself.” This position of wanting to observe what happens and then compensate for any deficiencies in the anti-hate legislation is one shared by Miura and the others at Seikyu-sha.

Always accompanying the hostile feelings of the hate demonstrations is the shadow of war. The targeting of the Sakuramoto area was triggered by a protest in September last year by elderly ethnic Koreans against the bills for the new security laws. Wearing traditional Korean garb, the protesters were based out of the “Fureai-kan,” a facility managed by Seikyu-sha.

“The hate demonstration was clearly in revenge for that,” says Miura.

One of the participants in the anti-security laws protest, first-generation Korean immigrant Kim Bang Ja, 85, is also a student of literacy at the Fureai-kan. She was about 5 when she came to Japan, following her father who worked in a coal mine in Yamaguchi Prefecture. Busy with looking after her younger sister and doing household chores, she says she was only able to go to school for about one year. When the anti-hate law was passed in May this year, she was sitting as an observer in the Diet. She wrote her impressions about the law in a composition in her literacy class.

After describing how she disliked being insulted with foul language, she wrote, “Let’s stop doing that kind of thing and get along.” Although overall the writing was inconsistent, for this part alone it was particularly large and strong.

“My hand was shaking because I was writing in ink,” says Kim, adding, “If people talk they can come to an understanding. We have to get along with each other and not hate others.”

Will these words get through to those who participate in the hate demonstrations? The first step to realizing the ideals put forward in the anti-hate law is surely having communication between the two sides.

ENDS
Japanese version:
==============================
特集ワイド
ヘイト対策法施行１カ月の現場を見る　差別許さぬ包囲網　デモ隊は規制警戒、侮蔑・排外的表現控え
毎日新聞2016年7月15日　東京夕刊
http://mainichi.jp/articles/20160715/dde/012/040/015000c

６月１９日、銀座で行われたデモでは、「日韓断交」という標語が目立った。手前の沿道からは市民が「反レイシズム」と英語で書かれたプラカードを掲げ抗議した＝東京都中央区で２０１６年６月１９日、井田純撮影

特定の人種や民族に対しての差別的な言動解消を目指すヘイトスピーチ対策法施行から１カ月が過ぎた。１日には大阪市で全国初のヘイトスピーチ抑止条例が施行された。法律や条例といった規制で、差別はどこまでなくなるのか。ヘイトデモの現場を歩きながら考えた。【井田純】

「過激な内容のプラカードはご遠慮ください」「ハーケンクロイツ（ナチス・ドイツが用いたシンボルマーク）など、誤解を招くような旗は禁止」

大阪市ヘイトスピーチ抑止条例は「日本人差別法だ」と主張する市民団体が１２日に市役所前で予定していた街頭宣伝活動の案内文には、こんな注意事項があった。活動は雨で中止になったため、「過激な内容」が何を意味するかは分からないが、在日コリアンを侮辱したり、排斥したりといった言動は控えようという姿勢がうかがえる。

「４月に市中心部で行われたヘイトグループの街宣で、参加者の一人が『朝鮮人が』と露骨な表現で攻撃を始めると主催者があわてて制止する場面があった。デモの回数も条例施行前後からめっきり減っています」

こう話すのは、抑止条例に基づき被害申し立てを行った「ヘイトスピーチを許さない！大阪の会」の事務局長で在日コリアンの文公輝（ムンゴンフィ）さんだ。条例は市長が認定すればヘイト行為をした個人名や団体名などが公表されるが、まだその条例適用事例はない。「デモが減ったのも、ただ単に様子を見ているだけかもしれません」

昨年あたりから、ヘイトデモが目立つようになった東京・銀座でも、変化が見られる。先月１９日に行われたデモでは、在日コリアン罵倒のプラカードでなく、複数の「日韓断交」ののぼりが目立った。民族を排斥する表現を避けて、政治的主張に力点を置いたものと見られる。

銀座の商店会や区議にヘイト対策を働きかけている渡辺雅之・大東文化大准教授は「ヘイト側の考え方、中身は変わらないかもしれないが、少なくとも表面的には対策法の影響がうかがえる。主催者も、特に過激な発言が多い参加者には拡声機を持たせないようにしているようだ」と分析する。

警察や行政の対応も変わった。対策法施行直後の６月５日、在日コリアンが多く住む川崎市・桜本地区で、彼らの支援を続ける社会福祉法人「青丘社」をターゲットにしたヘイトデモ計画に対し、市は同所近くの公園利用の不許可を決定。横浜地裁川崎支部はヘイトデモを「人格権に対する違法な侵害行為」と認定し、法人近くでのデモを禁止した。神奈川県警は市内の別の地区で道路使用を許可したが、抗議する市民が座り込みを行い、安全上の理由から中止するよう県警が主催者に働きかけ、デモは中止になった。

「対策法ができる前は、警察からデモコースも教えてもらえず、こちらが不法集団のように扱われてきた。自分たちの生活圏で行われるヘイトスピーチ、人権被害から守ってくれない警察、『現行法でできることに限界がある』という行政。この『三重の被害』を受けてきたんです」。青丘社の三浦知人事務局長はこう振り返りながらも、法施行後の行政、司法、警察、市民による手探りの努力について「結果としてデモを阻止できたのは、確実な一歩です」と評価した。

口汚い罵倒は街頭から消えつつある。法で差別解消が実現されるのだろうか。

行政の限界、市民が埋める取り組み
対策法は、憲法が保障する「表現の自由」を尊重し、禁止規定や罰則のない理念法だ。運用については、相談体制整備や教育、啓発活動を国の責務とし、自治体にも同様の努力を求めている。抑止効果は、行為への取り締まりではなく、差別をなくす行政の政策にかかっているのだ。

法務省人権擁護局は、川崎のほか施行後に行われた福岡、大阪でのヘイトデモの現場周辺にも職員を派遣。映像やポスターなどを使った啓発活動を実施している。だが「具体的にヘイトスピーチにあたる行為があった場合、それに対して何らかの法律効果を生じさせる、という構成の法律ではない」と強調する。

対策法施行を受け、都道府県の教育委員会に「適切な対応」を求める通達を出した文部科学省。同省社会教育課に、どんな啓発教育が適切なのか聞くと、「外国人が多い地域かどうかなど、事情に応じた取り組みが必要。教育を通じて『寝た子を起こす』ことになってもいけない」との回答。一理あるが、まだ手探りの感は否めない。

大阪市のような条例制定の動きが、各地に広まっていくのだろうか。川崎市の人権・男女共同参画室に今後の具体的な施策を尋ねると、「市長判断で行われていることなので」と口が重い。食い下がると、「公園使用不許可などに関して、日本人を差別した、と市を相手取った訴訟を起こす動きもあると聞く。手の内を明かすようなことは……」と警戒心をあらわにした。相手の出方をうかがっているのは行政も同じようだ。

川崎市で再びヘイトデモが計画されたら、また、市民が道路に座り込み、県警の仲介を待つしかないのだろうか。前出の三浦さんは「６月のデモで、警察が道路使用を許可したことが今の限界を示している。何でも警察や行政に求めることはできない。今度は別の形で止めなければ。限界を埋める作業は始まったばかり」と話す。ヘイトスピーチ規制に限らず、多文化共生に向けた条例やガイドラインなど実効性のある取り組みを行政と連携しながら模索するという。

一方、独自に条例を持つ大阪市の今後について文さんは「どこまでが対策法の効果か、条例の影響かまだ分からない。だからこそ、我々は条例をできるだけ活用し、具体的にどんな効力を持つのか、どういう点で無力なのかを見極めていきたい。その上で、必要ならヘイトスピーチ自体を規制する条例改正も求めたい」と語る。実例を見ながら、対策法の不十分な領域を補っていこうという方向性は三浦さんたちと共通する。

在日１世「なかよくしよう」
ヘイトデモが起きる敵対感情には、戦争の影がつきまとう。桜本地区が標的になったのは、青丘社が運営する「ふれあい館」を活動拠点とする在日コリアンの高齢者が昨年９月、安全保障関連法案反対デモをチマ・チョゴリ姿で行ったのがきっかけだ。「ヘイトデモは明らかにその仕返しだった」と三浦さんは言う。

安保法案反対デモに参加した一人で、在日コリアン１世の金芳子（キムバンジャ）さん（８５）は、ふれあい館の識字学級に通う生徒でもある。山口県の炭鉱労働者だった父を追って日本に渡ったのは５歳のころ。妹の子守りや家事で忙しく、学校には１年程度しか通えなかったという。対策法が成立した５月、国会で傍聴した時の思いを教室で書いた作文を見せてくれた。

汚い言葉でののしられるのは嫌だという気持ちの後に、「もうそろそろそんなことはやめにして、なかよくしましょうよ」とある。不ぞろいの文字は、ここだけひときわ大きく力強い。「墨で書いたから手が震えたよ」と恥ずかしがりながら、金さんは言った。「やっぱし人間は話せばわかる。人を憎まないで仲ようするしかない」

ヘイトデモに加わった人たちに、この言葉が届く日が来ると信じたい。対策法の理念を現実にしていく過程はきっと対話から始まる。
ENDS
///////////////////////////////////

Japan Center for Michigan Universities: Report and video interview of Muslim Lawyer Hayashi Junko on issues faced by Muslims in Japan (surveillance by police, including of Japanese kith and kin)

Posted on August 12, 2016August 13, 2016 by Debito Arudou, Ph.D.

mytest

JCMU Resident Director Benjamin McCracken says:

Dear Debito, Thank you so much for your promotion of this lecture a few weeks back. We had some people come all the way from Tokyo to see it. Amazing! This is a link to an interview I did with Junko before her lecture. We focused on her recent court case finding no constitutional violation for the surveillance of Muslims in Japan. Scary stuff indeed. https://jcmuofficialblog.com/2016/08/08/issues-faced-by-muslims-in-japan/
Please feel free to post the link to Debito.org along with any of the commentary from article on the blog.

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Excerpt: On July 23, 2016 the Japan Center for Michigan Universities (JCMU) in Hikone welcomed Junko Hayashi, Japan’s first female Muslim attorney, to speak about Islam and the issues faced by Muslims in Japan. In a recent court battle, Mrs. Hayashi represented Japanese Muslims that were being observed by the Japanese government for no reason other than the fact that they were Muslims. Their surveillance came to light after information gathered by police was accidentally leaked to the public on the internet. Despite this, Japanese courts ruled that there was no constitutional violation and that the threat of international terrorism outweighed any right to privacy held by the plaintiffs. […]

In the interview, Mrs. Hayashi lamented that “all Muslims are equal to criminal suspects” in Japan. She noted that because of prejudice against practitioners of Islam, she and the rest of the Japanese Muslim community are denied personal and privacy rights enjoyed by most other citizens. “Their rights are violated and they can’t do anything about it,” Mrs. Hayashi explained. The stereotypes of Muslims have little factual support, as no acts of terrorism have been carried out by Muslims in Japan to Mrs. Hayashi’s knowledge. To redress this discrimination and support those affected by the government’s continued surveillance, she hopes to start a human rights organization.

Rest at https://jcmuofficialblog.com/2016/08/08/issues-faced-by-muslims-in-japan/

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COMMENT: And from this, it’s but a few steps until approving surveillance of Non-Japanese residents as “criminal suspects“. And from that their kith and kin. Japan’s Police State is returning. Dr. ARUDOU, Debito

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Nikkei Asian Review wrongly reports “Japanese law requires hotels to check and keep copies of foreigners’ passports”. Corrected after protest, but misreported text still proliferates

Posted on August 8, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Check this article out, put out by the Nihon Keitai Shinbun (Japan’s WSJ):

/////////////////////////////////////////
Japan to allow fingerprint authorization for visitors
Nikkei Asian Review, July 24, 2016
http://asia.nikkei.com/Business/Companies/Japan-to-allow-fingerprint-authorization-for-visitors
(Original text below courtesy of http://www.anirudhsethireport.com/japan-allow-fingerprint-authorization-visitors/, and numerous other websites found by Googling the article title, demonstrating how reported misinformation proliferates across the media and becomes the narrative.)

Visitors to Japan will be able to use their fingerprints instead of passports to identify themselves at some hotels thanks to technology introduced by a Tokyo venture.

With financial help from the economy and industry ministry, Liquid will start offering a fingerprint-based authorization system by March in a bid to increase travel convenience. Some 80 hotels and Japanese-style inns in major tourist spots like Hakone and Atami, two hot spring resort areas not far from Tokyo, will be among the first to install the system. More inns and hotels will follow.

The ministry will cover part of the installation costs.

Visitors to Japan can register their fingerprints along with their passport information in their home countries or at registration spots at airports or elsewhere in Japan. Foreign travelers can then identify themselves at a hotel’s front desk by waving their fingers over a contactless device.

Japanese law requires hotels to check and keep copies of foreigners’ passports. But the economy ministry and the ministry of labor have decided to treat “digital passports” as legitimate alternatives.
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ENDS

Debito.org Reader XY found this article and wrote to the Nikkei for a correction. Their response, and his original post, follow:

==================================
From: NAR　Customer Support <nar-inquiry@nex.nikkei.co.jp>
Subject: 00004389 – Editorial
Date: August 4, 2016 at 15:23:58 GMT+9
To: XY, XXXX University

Dear Customer,

Thank you for your inquiry. This is Nikkei Asian Review (NAR) Customer Support.

Please find our editorial team’s answer as follows.
Thank you.

Best regards,

Nikkei Asian Review
Customer Support

————————————————————–
Thank you so much. We will check the Ryokan Law and see if we need to change the sentence.
—————————————————————

Your inquiry:
—————————————————————
This article contains an incorrect statement: “Japanese law requires hotels to check and keep copies of foreigners’ passports.” In fact, Japanese law requires hotels to check the passports of foreigners who don’t have an address in Japan:

For details, including a quote of the relevant Japanese law go to

https://www.facebook.com/Kumamotoi/posts/1091156614291103

The most important point is that the law does not apply to all foreigners but to foreign tourists who do not have an address in Japan. This is a matter of concern to many who live in Japan and occasionally are asked for passports based on a misunderstanding of the law. A second point is that keeping copies of passports is not mentioned in the law — it is a directive from the police. The law only calls for keeping records.

Would you consider correcting the article?

XY, XXXX University
==================================

COMMENT: As you can see by following this link to the new article, Nikkei corrected it to remove the last paragraph entirely — and that’s about as close as we’ll ever get to them admitting they made a mistake. But as we’ve written here many times before, the National Police Agency and its branches keep lying about their lawgiven powers regarding tracking foreign guests at Japanese hotels. XY wonders if somebody at the NPA wasn’t involved in creating this misinformed article. It wouldn’t be the first time, and a recent (and very funny) article came out over the weekend describing how the Japanese Police have historically stretched laws to outlaw public behavior they basically just personally disliked. Just another example of how Japan is actually a mild (or sometimes not) police state. And that’s even before we get to the whole issue of re-fingerprinting NJ and the flawed reasoning behind it. Dr. ARUDOU, Debito

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Japan Center for Michigan Universities (Hikone, Shiga Pref.) sponsors July 23 lecture by Japan’s first Muslim lawyer Junko Hayashi, on Islam and issues faced by Muslims in Japan

Posted on July 13, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Passing this information and flyer along upon request as a matter of record. Attend the talk. Dr. ARUDOU, Debito

=========================
The Japan Center for Michigan Universities (JCMU) in Hikone, Shiga Prefecture, is proud to welcome Junko Hayashi, Japan’s first female Muslim attorney, to speak about Islam and the issues faced by Muslims in Japan. In a recent court battle, Ms. Hayashi represented Japanese Muslims that were being watched by the Japanese government for no reason other than they are Muslims. The surveillance of these Japanese citizens came to light after information gathered by police was accidentally leaked on the Internet. Japanese courts ruled that there was no constitutional violation and that the threat of international terrorism outweighed any privacy right held by the plaintiffs.

Muslim culture is an important part of Michigan culture, making JCMU the ideal place to host this event. JCMU is also a place where people from many different cultures come together to learn about culture and language while exchanging ideas that make our world a better place. It is JCMU’s hope that the Islamophobia gripping much of the Western world can be avoided in Japan through education and mutual understanding.

Ms. Hayashi will present at JCMU (1435-86 Matsubara-Cho, Hikone-Shi, Shiga-Ken 522-0002) on July 23, 2016 in both English and Japanese. People interested in attending the lecture can register by email at register@jcmu.org. The English language lecture will start at 17:00, with the Japanese lecture following at 19:00. Admission is free. For further information about JCMU and its programs please see our website English website at jcmu.isp.msu.edu and our Japanese website at www.jcmu.net.
=========================

As the requester notes: “Thank you so much for helping us get the word out. With the recent terror attacks in Bangladesh I fear the worst for the rise of Islmaophobia in Japan. The Japan Times just posted an article about the Muslim surveillance case last night. http://www.japantimes.co.jp/community/2016/07/13/issues/shadow-surveillance-looms-japans-muslims/ It would be great if we could get the Japan Times down here to hear the lecture.”

Flyer:

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

Overseas online info site Traveloco.jp’s “Japanese Only” rules: “People with foreign-sounding names refused service”

Posted on July 5, 2016July 5, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here we have an online information site called Traveloco.jp, which apparently reserves its services “for Japanese Only living abroad”. This is another permutation of Japanese corporate practices erecting arbitrary firewalls between people due to their nationality, ethnicity, etc., or, in Traveloco.jp’s case, “having a name that does not appear to be Japanese”. I wonder how “Arudou Debito” would fare. And as MT says below, why can’t anyone who can read and write Japanese be allowed equal access and service? Debito.org Reader MT sends this report. Dr. ARUDOU, Debito

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

Date: June 27, 2016
From: MT
Hi Debito,

I am thinking of suing traveloco.jp site because they closed and banned my account right after I informed them of my name ([MT]), which is not Japanese.

In the email below, the reason I was refused service is that “your name does not appear to be Japanese”. Our correspondence, in reverse order:

================================
From: トラベロコ <info@traveloco.jp>
To: [MT]
Date: 2016/6/27, Mon 09:14
Subject: ご登録解除のご連絡（トラベロコ）

お返事ありがとうございます。
トラベロコです。

ご登録情報を確認させて頂きましたが、
日本人の方ではないようです。 [emphasis added]

大変申し訳ございませんが、当サイトにてロコに登録していただけるのは
日本人方に限定しておりますので、外国人の方はご登録頂けません。 [emphasis added]

よくある質問＞私もロコになりたいのですが。
https://traveloco.jp/faq#faq-13

また、今回のご連絡いただいたメール内容から、社内で検討させていただき、
サイト利用規約「３条4.vi」に該当するとして、登録を解除させて頂きました。
https://traveloco.jp/pages/terms

ご了承下さい。

————————————-traveloco
トラベロコ
mail: info@traveloco.jp
URL： http://traveloco.jp/
> —– Original Message —–
> From: トラベロコ <info@traveloco.jp>
> To: [MT]
> Date: 2016/6/27, Mon 01:27
> Subject: Re: ロコ応募について
>
> お返事ありがとうございます。
> トラベロコです。
>
> ご連絡遅くなり、申し訳ございません。
>
> お問い合わせの件について、
> 具体的には、プロフィール情報のお名前欄などの項目が
> 正しく登録されておりませんので、正確にご登録
> いただいてから、ご応募頂けますでしょうか。
>
> プロフィール情報
> https://traveloco.jp/mypage/profile/
>
> Travelocoは匿名でご利用いただけるサイトになりますが、
> ロコへの登録にあたっては、最低限の個人情報を登録する
> ことは、皆様に安全にご利用頂くための必要条件とさせて
> 頂いております。
>
> なお、ロコの応募審査上、正しい情報の登録が確認できるまでは
> 一部機能は停止させていただいておりますので、ご了承下さい。
>
> どうぞよろしくお願い致します。
>
> ————————————-traveloco
> トラベロコ
> mail: info@traveloco.jp
> URL： http://traveloco.jp/
>
> 2016年6月25日 15:12 :
>> 私の説明をちゃんと詠んでください問題の原点、教えたでしょう。
>>
>> 情報の一部に不備　は、回答となってない。
>> どの部分か、正確に教えなさい。どうやってなおせるか　ということをちゃんと説明するのは、サポートの仕事でしょう？
>>
>> テンプレートの回答を出すよりちゃんとした回答を作ってください。
>>
>> 其の一　まずは、私の説明を読む。
>> その二　内容を理解する
>> その三　内容を理解した上、内容に沿って解決案を出す
>>
>> 上記が常識でしょう。
>>
>> ロコのサービスの二十％取って、こんな最悪なサポートをするつもり？冗談でしう。
>>
>> 私はナニをすればいいか、ステップバイステップで教えなさい。

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

MT: Their terms of use do not mention such a thing, nothing like “our services are meant to be used only an exclusively by persons holding a Japanese passport” or something similar, nothing. They just kick out those who has a western name, based on the NAME itself.

Terms of use of their services: (from https://traveloco.jp/pages/terms)

4. 当社は、登録申請者が、以下の各号のいずれかの事由に該当する場合は、登録および再登録を拒否することがあり、またその理由について一切開示義務を負いません。
当社に提供した登録事項の全部または一部につき虚偽、誤記または記載漏れがあった場合
未成年者、成年被後見人、被保佐人または被補助人のいずれかであり、法定代理人、後見人、保佐人または補助人の同意等を得ていなかった場合
反社会的勢力等（暴力団、暴力団員、右翼団体、反社会的勢力、その他これに準ずる者を意味します。以下同じ。）である、または資金提供その他を通じて反社会的勢力等の維持、運営もしくは経営に協力もしくは関与する等反社会的勢力等との何らかの交流もしくは関与を行っていると当社が判断した場合
登録希望者が過去当社との契約に違反した者またはその関係者であると当社が判断した場合
第10条に定める措置を受けたことがある場合
その他、当社が登録を適当でないと判断した場合

Note that there is no mention of anything that refers to this funny “Japanese only” policy though (only in the QA section: https://traveloco.jp/faq#faq-13, but this is nothing to do with legal terms, since the terms of use are not mentioning it explicitly), so I gave it a try with registering, since I had some interesting ideas for them and some services to share with those Japanese who would be interested in my country or would be coming to [my country of origin].

The whole correspondence started via their website so the first part when I was asking why I cannot register my page and services (at first, it was a technical question but they failed to reply in details, instead they sent me some template bullshit to send me off – so, understandably, I got very upset), is missing since it was not done via email but via a form on their site on my account page – and I have no access to that any more.

I would like to ask The Japan Times to track this down, and ask them publicly why are they doing this in the 21st century, where human and personal rights should be taken very seriously? Even in Aichi, Nagoya, where they are located.

I would like an official apology from the company’s main rep, Mr. SHIIYA Yutaka (椎谷豊, facebook: https://www.facebook.com/yshiiya) via Japanese mass media. And I want them to review their policies, so that everyone (regardless of race) who is capable to communicate in Japanese could use the site with no discrimination against them – especially not based on their western-like names (if it is not a “Japanese” name)!

My correspondence above with them speaks for itself. And these are young entrepreneurs, not just some old folks, but the Y-generation!!! This sentiment and notion of Japaneseness is routed very very deeply even in these young men, who are brainwashed (or getting on some nationalist waves to make big money, maybe?). They are getting their foot in the door of the start-up world.

In the meantime I am seeking legal help, because I want others to know this. This site is “only for Japanese”, the online version of “Japanese only” bars, “Japanese only” onsens, etc…

Of course, you have my permission to make a report on your own site about this. In case I sue them, I will keep you updated.

Thanks a lot, Debito, and pls keep up the good work. I have just read about your book, Embedded Racism, and will get my copy soon. Sincerely, MT

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

ENDS

Shibuya Police asking local “minpaku” Airbnb renters to report their foreign lodgers “to avoid Olympic terrorism”. Comes with racialized illustrations

Posted on June 27, 2016June 27, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Buzzfeed News’s Hatachi Kouta wrote up a report dated June 26, 2016, where he found the following Shibuya Police poster in a residential area:

*Courtesy of Hatachi Kouta of Buzzfeed.*

The poster reads:

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

WE ARE ASKING FOR INFORMATION FROM MINPAKU HOSTELERS

“Minpaku” is defined as the service of offering paid accommodation using empty rooms etc. from individual homes.

To prevent terrorism and for the success of the Olympics, we need information from everyone.

We are especially asking for information from individually-standing homes doing Minpaku.

Please call the Shibuya Police Department, Head of Crime Prevention, at 3498-0110 ext 2612.

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

That’s the literal translation of the text. Note how there is no reference whatsoever textually about foreigners. However, contextually, in the margins there are illustrations of eight racialized “foreigners” of ostensibly European, African, and Middle-Eastern extractions complete with differentiated eye color, hair color, skin color, and facial hair. Note how there is no representation of “Asian” foreigners, even though they make up the majority of Japan’s tourists. I guess they’re not the type that Shinjuku cops are looking for.

My comments about this are seasoned to the point of predictably: 1) Once again, Japan’s police are using racial profiling to determine who is a foreigner as well as a terrorist. 2) Japan’s police are rallying the public to do their bidding on unlawful activities (i.e., scaring them with the threat of terrorism into reporting their foreign lodgers to the police, which neither minpaku nor actual hotels are required to do). 3) The use and proliferation of racialized caricature seems to be normalized standard operating procedure with Japan’s police. (Why not? Nobody’s going to stop them when they keep Japan’s public constantly afraid of foreigners to the point of normalized targeting.) And 4), as I have written before, Japan is not mature enough as a society to host these international events, for the National Police Agency whips everyone up into a frenzy about foreign crime, hooliganism, and/or terrorism. And then the NPA uses the events to clamp down on civil liberties for everyone. Thus there is insufficient check and balance to keep these bunker-mentality bureaucrats from exaggerating their mandate.

The Tokyo Olympics are still more than 4 years away. Expect even more of this embedded racism to surface into full-blown state-sponsored xenophobia in the meantime. Dr. ARUDOU, Debito

PS: The Buzzfeed article in itself is interesting, as the author tries to hold the Shibuya Police accountable for their poster, and (citing inter alia his lack of membership in the Press Club) they evaded answering written questions about the poster’s contents, intent, or how it reflects police attitudes or official policy towards foreigners. (As they did with me here when they were taking urine samples for drug tests only from foreign-looking customers on the streets in Roppongi back in 2009.) According to the article, Shibuya Police also denied any ill-will towards foreigners, claiming that the foreign caricatures appeared “so foreigners can also have more relaxed stays too” (gaikokujin no katagata mo, anshin shite taizai shite itadaku shushi de, gaikokujin fuu no irasuto o mochiita mono). Oh, so being racially profiled is for NJs’ own peace of mind? Makes perfect sense — in NPA Bizzarroworld.

Read the article for yourself here.

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

Japan Times JUST BE CAUSE 98, “Ibaraki Police still unfettered by the law, or the truth”, June 6, 2016 (UPDATED with links to sources)

Posted on June 4, 2016June 12, 2016 by Debito Arudou, Ph.D.

mytest

JUST BE CAUSE

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.

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 a~~s-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

The 2nd Great Gaijin Massacre in Japan’s education system, with 5-year contracts coming due in 2018 (2023 for uni profs).

Posted on May 19, 2016May 19, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. This is an update to the Ninkisei Issue within Japan’s Academic Apartheid Education System, where foreign educators are given perpetual contracts. A contracted position may not sound bad to Western ears, but Japan’s tertiary education system (the second largest in the world) generally does not contract full-time Japanese educators. Since most full-time Japanese enjoy permanent tenure from day one of hiring, a contract becomes a term limit only for foreigners. Abuses of the system include “The Great Gaijin Massacre” of 1992-1994, where most foreign faculty above the age of 35 in National Universities (kokuritsu daigaku) found their contracts were not being renewed — in a successful attempt by the Ministry of Education to bring in younger, cheaper foreigners. Since these veteran teachers had not paid into overseas pension plans (and decades of Japanese pension payments are nonrefundable), they could not simply “go home”. They got stuck with part-time work with no benefits to pay house loans, fund kids’ college tuition, or fulfill pension plans.

According to Ivan Hall’s CARTELS OF THE MIND (WW Norton, 1998), there are more full-time foreign faculty with permanent tenure in one American university than in all of Japan! Not to mention a systemwide disdain (“academic apartheid”) towards foreign educators regardless of qualification, seeing them merely as cheap disposable labor. See the Blacklist of Japanese Universities, a list of institutions with breathtakingly unequal employment policies, at www.debito.org/blacklist.html

Now for the update. Let’s see what happened to the survivors a quarter century on. The upshot is that their turn to be fired is now coming. According to labor union expert CF:

================================
“I have given it a nickname – the “2018 Cliff” If you have been working from (April) 2013 continually on renewable contracts, then (March) 2018 will be 5 years of employment, therefore on April 1 2018, if you demand permanent employment, the company must keep you on as permanent – until retirement (albeit on the pre-2018 conditions) from April 2019. To avoid this, companies will be dumping staff before the end of March 2018 to avoid the transfer to permanent status （無期転換）. For better or worse, universities and research facilities deadline is 2023, so employees have an extra 5 years’ grace. The Cliff is coming, and many will be pushed off.
================================

COMMENT: So this is what NJ who persevered and contributed the bulk of their working lives to Japanese society, get at the end: An unceremonious dumping onto the job market, with no new place to go, and skills that will not easily transfer to their country of origin. And often before their MINIMUM 25 years (yes!) of required Japan-pension contributions are fulfilled.

People seeking to make a life in Japan: Beware! Dr. ARUDOU, Debito

What follows is a discussion that transpired on a labor-rights listserv I subscribe to. Posts are used and redacted with permission:

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

Date: April 4, 2016
From: AB

Now going on three years, I was forced to resign in protest from a ’tenured’ position as an Associate Professor at [Honey Badger Japan] Jr. College. Going on 32 years, over half my life, living continuously in Japan – most of which was spent running from college to college as a hijokin adjunct, a graduate degree in T.E.S.O.L., research and publications, community out-reach work and international volunteer activities … phht … all gone.

How did HB Jr. College. do it? Or more importantly for fellow readers of this listserv, Easy. Here’s how it went down in my case.

Even after 11 years as a tenured full time member of the faculty, my department (only 8 full-timers at most) pretty much excluded me from any decision making processes at the required weekly meetings — and unlike my ethnic Japanese colleagues behavior towards each other, presumed to have the right to micro-manage my classes down to what language I should use in the classroom or in open campus activities, what materials are too easy, too difficult, or too unconventional for ‘my’ classes, and what pedagogic approaches I should use. A colleague (same age, became full-time when I did) opined that even on my weekends, I should first get departmental permission to use my English for volunteer activities … even in support of other departments at HBJC. I had no idea what they did on their weekends, could have been pachinko or Kabukicho for all I knew.

After some years of just shucking and jiving while bearing it all, I finally complained to the Gakucho (Dean), who reassured me that I was hired under the same conditions, rights, and obligations as ethnic Japanese members of the kyoujukai. Of course, how could he have said anything other?

I reported this back to my gakka’s shunin (Head of Department) who said:

1 – The current Dean of the school is wrong.
2 – I was hired while under the administration of a previous Dean with different policies, and those unstated policies were still in effect.
3 – The Department will not include volunteer activities in its curricula this year, so I am forbidden to use my office or resources for community outreach activities with the local city government (I was on the board of directors of XXXXX City government’s Kokusai Koryu Kyoukai) and other volunteer activities … four trips (at my own expense) to [an impoverished Asian country] with students from my own school as well as students from other Tokyo colleges, accompanying my students to a local kindergarten to teach English … as well as XXXXX in-house high school, working with Soup no Kai supporting the homeless in Shinjuku, collaborating with an NGO supporting the severely handicapped, and so on. Things that I thought would have been expected for promotion in U.S. universities were expressly forbidden by two successive department chairmen.

I reported the Department Chairman’s opinion to the Dean, particularly comment 3 which seemed contradictory to the school’s raison d’être as stated on their glossy homepage. The Dean disagreed with the department opinion, and once again, reassured me that I am an equal among equals, and it is up to me to just ‘try harder’ to communicate with my colleagues.

I requested a meeting between the Dean and my Department Chairman to decide my status … whatever that might be … along with its attendant rights and obligations. No such meeting was forthcoming, and neither did either indicate any willingness to discuss, much less settle, the issue.

Informed by the Gakubucho (Dean of the Jr. College and also a member of my department) that I was entitled and eligible to take my one year research sabbatical, I parlayed my volunteer activities in [the impoverished Asian country] with [a local institute] to serve as my sponsor, I quit my one part-time job at XXXXXXX University, and just prior to preparing for a year abroad, was presented by the Dean with a one page document, in Japanese, drawn up specifically for me. No other teachers who had taken sabbaticals in HBJC’s over 120 year history had ever been required to sign such a document requiring me to obey ALL school wide rules and attendant obligations, as well as ALL departmental rules and attendant obligations.

I pointed out that those rules and obligations were contradictory and problematic … and that they, themselves, have as yet to have agreed upon my status and obligations. In that meeting with the Gakucho and Gakubucho, I told them that if I sign such a document, according to department rules, I was explicitly forbidden by my department to voluntarily help even my own seminar student prepare for the XXXXXXXXX Speech Contest. I had been the only one in the school since even before becoming tenured who took personal responsibility for speech contestant preparation. Her speech was about her first hand experience at a seaside community during the Great Tohoku Earthquake. I asked the Gakucho and the Gakubucho that if I signed the document forbidding me from helping that student, if they would take personal responsibility for that student’s still embryonic speech. I still have a digital recording of that meeting, and the only response you will hear is an awkward silence.

Pressed again to either sign, or not sign, at the risk of losing my sabbatical … I had to make a choice on the spot, either support the student, or support my ‘career’. With no family depending on me to bring home the bacon, I had the luxury of choice, so I refused to sign. Meeting ended. Research sabbatical immediately revoked.

A day or so later, I made a phone call to XXXXXX University explaining my sabbatical had been canceled and inquired whether I might retain my 3 koma one-day a week schedule. ‘Sorry, that position has already been filled’ was the courteous reply.

Later I received a letter from the head of the Board of Directors of HBJC Inc. telling me that as I have demonstrated no willingness or capacity to follow BOTH the school and the department rules, as of the following academic year, I was to be relieved of all rights to teach classes, and report to my office and await forthcoming orders to be later more clearly specified.

In the meantime, I joined a local union, showed up to a few larger union meetings, and talked with a lawyer — who said I would likely win a case against the school, but it would be a long, emotionally costly, pyrrhic victory at best. A year and a half later, a couple of meetings between the school lawyer and my labor union reps, and my allotted medical leave of absence had expired, leaving me with no choice but to either return to the school under the same conditions (no classes, no research sabbatical) … or resign.

In effect, fellow listserv readers, ignore this cautionary tale at your own peril. When push comes to shove, your ‘contract’ is not worth the paper it’s written on. Thinking that at age 60, with half a life-time experience, I could just start all over again and go back to life as an itinerant hijokin, living year by year. Ha. Can not even get beyond the faceless intercom voice at the new pre-school next door to my apartment to offer my services as an English volunteer (and here I am being led by mass media to believe the day care centers are in crisis mode) — much less even get a single koma of part-time work in Japan.

I will end this post with [this thought]: Earlier tonight, I saw on NHK 7 pm news that Tokyo Institute of Technology’s Dean gave the opening ceremony speech in English … ‘Be positive. Take chances’. What a crock. A goddamn Kabuki show. And followed at 7:30 pm by more Olympics-inspired panem et circenses in place of my beloved Hiroko Kuniya in prime-time ’Close Up Gendai’ … as if a bevy of ambitious cute young things in the late night CUG ‘plus’ will make up for her once or twice in a generation journalistic integrity. Sincerely, AB.

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Date: April 14, 2016
From: CD

AB, it sounds like you were put through hell and back. I’m really sorry to hear it!

I’ve advised a number of people in labor situations over the years, including six people over the last twelve months. To be honest, there seems to be a recent upswing in these kinds of cases, almost to the extent of the great “gaikokujin kyoushi” purge of the 90s. While I have my own theories, I’d be interested in reading other opinions about whether and why this may be happening.

I have a pretty good track record with labor cases, not to mention negotiating experience on both sides of the table. From this perspective, let me offer some general advice:

1) Regardless of the provocation, don’t ever quit (unless of course you have a great new job lined up). Let them fire you instead–being terminated gives you advantages later.

2) While certain things can be required of joukin (aka “tenured”) university faculty–to include both the submission of syllabi and the wording used in said syllabi–many of the things listed in AB’s post (e.g., language of instruction, specific pedagogical approaches and materials) usually cannot be demanded of university joukin. (Part-timers can have less protection.) The only exceptions to this that I know of would be where the language and pedagogical requirements were either known to the applicant before hire or represent standards developed and agreed to by all (to include AB) the joukin faculty responsible for these classes–situations seen mostly with intensive language programs or English-medium instruction (EMI) departments/institutions.

3) Given #2, and assuming that AB really was joukin (hired under the same conditions, rights, and obligations as ethnic Japanese members of the kyoujukai), many of the issues described at his workplace fit the government’s definition of Power Harassment (パワハラ).

4) There are several legal remedies available to people in such situations, some expensive and some not so expensive. Regarding the latter, on February 13 in a post to this listserv, I described in detail a FREE (albeit slow) process where the city will fight your employer to stop the Power Harassment (to include even unlawful termination). Again, this process is SLOW–typically, it takes four months to a year to conclude a case. However, I have found it reasonably effective (they usually can negotiate better treatment/employment terms and/or buyouts)… and again it’s free.

5) As alluded to in #2, #3 and #4, the laws here are, to a surprising extent, designed to protect the employee. Moreover, even as a foreign contract worker, you sometimes (e.g., occasionally even in the case of contract non-renewal) have legal protections/recourses available to you that are not available in your home country. Failing to utilize them when wronged is… silly.

6) That said, join a union and try to prepare BEFORE trouble starts. Unions tend not to look favorably upon those who join only after something bad happens. Some will refuse outright to help, while others may be lukewarm in their support. In addition to joining a union, always keep everything (including the advertised copy of your job description and all pertinent emails) and document everything related to your job duties and work performance. While most likely you will never need them, the sad reality in this country is that you never really know. I personally have known foreigners who have had no problems for YEARS–sometimes over twenty years–only to come to work one day and suddenly find that they are no longer wanted.

7) If you need action/results quickly, use a lawyer–preferably one either contacted through your union or specializing in labor issues–and prepare to go to court. Remember that Japanese people DO sue their employers, and such lawsuits are not so rare. At my current university (and department…), there have been three (!) such lawsuits over the last eight years.

8) Know that, regardless of the strength of your case, your lawyer will never promise victory. (Typically, the best they’ll give you is a 50-50 chance if it goes to court.) That said, as I’ve posted numerous times before, your employer almost always does NOT want to go to court–because of the stigma involved in such cases, even winning represents bad publicity. Given this, employers in my experience will almost invariably seek to settle before going to trial.

9) Your employer will most likely lowball you with their first settlement offer and/or try to intimidate you into taking nothing. Now, the amount of settlement you can (should?) receive depends on many factors, including your hiring status (e.g., “joukin” or “ninki-tsuki”), years employed, the strength of your case and employer perception of your ability/willingness to fight. (I have personally found the last to be the most important factor.) That said, with regards to termination and contract nonrenewal cases, while every situation is different (and assuming you are not simply reinstated to your position), I’ve generally seen settlement ranges from four months to twelve months of salary.

Hope this helps! Sincerely, CD

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Date: April 14, 2016
From: EF

At this point I would advise against teachers to stay here after age 50 or even after 45, unless you have tenure. I met a teacher who is 57 and lost his job at [a National University] after 8 years. Seven other teachers were gotten rid of too. He has a Ph.D. in education but can only get part-time work now. I know another teacher in [a city near Tokyo] who has no job and he must be about 58 or 59 now.

At my new job in XXXXX City the form asked whether I want to get paid or even be paid for commuting. I guess they hope I will work for free. What do they want, retired teachers to just volunteer. This could be because of money problems. At a national university in Tokyo, with a deficit of 400 million yen, the university decides that the tea machine in the part-time teachers’ room has got to go. This is in Chofu. Sincerely, EF

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Date: April 15, 2016
From: GH

I would be wary of the idea that universities have an exemption to the five-year rule. There was a big discussion at my university about this last year, and the head of HR and one of the rijis told me that the wording of the exemption is not very clear (surprise surprise!) and that even among national universities, there was disagreement about what it actually means. Apparently, some universities are now taking the limit to be ten years whereas others are playing it safe and assuming it to be five. Wherever you work, it might be a good idea to find out how they are interpreting it.

My grasp of the legislation is not at the level of some of the posters here, but as I understand it, this new law comes with a number of loopholes anyway. For example, universities will still be able to cut part-timers if they are no longer needed because of “changes to the curriculum” regardless of how long they have worked there. A change to the curriculum could be something as minor as a tiny alteration to the name of a class (“the class that teacher taught is no longer offered at our university, so his/her services are no longer required”) so it seems to me that universities could still get rid of someone quite easily if they wanted to.

I think that in a perverse way, the situation will only become clear when the first person takes their institution to court. If / when that happens, all the other institutions will panic and there will be a huge cull. If it never happens, I guess universities will gradually forget about it. As I say, I am most certainly not an expert on this, but this is the situation as it was explained to me by the people in charge at my university. Sincerely, GH

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Date: April 15, 2016
From: AB
To: ARUDOU, Debito

Hello Debito san,

Maybe you remember our recent exchange in an e-mail saying I was working on my own writing chops to add to the ‘Great Dialog’ of culture … what it means to be a human, what do we mean by ‘education’, and so on. I have been doing so on Quora, and many times, have posted links to your web page to substantiate my more anecdotal arguments. I am grateful for your critical eye and sheer doggedness in providing a much needed source of information that deserves a wider audience.

I am now 60, and apparently locked out of a career track in academia … failing to gain even one koma of part-time work after two years of submitting resumes and showing up for interviews, failing to gain permission to resume doctoral studies at XXXX Japan, and even failing to gain admission to an on-line Master’s Degree course at XXXXXXXX University in the US. As such, I do not have the financial safety-net of any institution at my disposal, and neither do I have the presumption that I will some day regain such institutional protection. And being kanji illiterate, I don’t even know how much I don’t know about Japanese law and what obligations and rights to which I am entitled (similar to my being kept running circles in the dark at HBJC Inc.). Feeling the full force of the Dunning-Kruger effect here.

Despite an abundance of information from your website (and book – bought, but not yet read), and some well-considered and well-meant advice from listserv members, Facebook ‘buddies’, Quora, and even family back in the states … my day to day survival, even my sanity, is sustained by only three things:

1 – A small community made up primarily of a close circle of friends, mostly Japanese — and mostly here in Japan. I think the constraints of Dunbar’s Number has more than a little to do with this.

2 – The new found leisure to read from the great works of the liberal arts tradition as well as more recent STEM oriented material … and write — as therapy. It helps to have at my disposal more than a lifetime’s worth of books, music, movies, and a wall full of video lectures from The Great Courses series.

3 – A stubborn tenacity to stand by the values and beliefs I have gained from the above two.

Kind regards, Debito san. And keep up the good fight. Sincerely, AB.

ENDS
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Nate Nossal essay on how free enterprise and small-business establishment in Japan is stifled

Posted on April 25, 2016April 26, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. As Debito.org is a forum for voices that might not otherwise be heard, let me turn the keyboard to Debito.org Reader Nate Nossal, who shares his experiences at being an entrepreneur in Japan. As somebody who has also done the arduous task of founding his own company in Japan, I am simpatico. Over to Nate. Dr. ARUDOU, Debito

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JAPAN: A COUNTRY LARGELY OPPOSED TO FREE ENTERPRISE
By Nate Dossal Ph.D., Ishikawa Prefecture, Japan
Exclusive to Debito.org, March 25, 2016

Japan is a country which is largely opposed to free enterprise. As one who has studied economics and subscribes to the notion that the ability for individuals to do business is integral to a society’s wealth and commerce, as well as that society’s ability to solve problems generally, I find this condition amusingly shortsighted. As one who is living in and attempting to do business in Japan I find this condition depressing. After all, what is it that individuals can do best as entrepreneurs? We stand to make money by solving problems for other people. I will discuss some extraordinary barriers to business created by just a few layers of legal or bureaucratic excess which discourage or disable free enterprise in two examples of personal experience. It is assumed that there is some reason that people have gone through such troubles to erect these legal barriers, and I can only speculate what some of those possible reasons might be. On the microeconomic level, the effects of the clearly anti-business atmosphere created by those specific barriers are devastating. Businesses which could and should be thriving, multiplying, growing, and revolving multiples of yen back out into the local economy are stopped dead. Theoretically, all money gets spent somewhere, but inevitably some of that money which would have been spent in the local Ishikawa ken economy (where these stories take place) gets saved, sent away, or spent elsewhere and the greater Ishikawa ken economy suffers for this.

Case 1: Japan Advanced Institute of Science and Technology (JAIST) Souvenir Goods classic failure of lost opportunities on several levels… This writer did soon after beginning his graduate studies in a national Japanese university discover that something was missing. Despite searching high and low throughout the dingy offices and one store on campus, there was a peculiar, complete absence of any commercially available souvenir goods from that university. Not a shirt, not a cap, a notebook or a pencil with “JAIST” written on it was for sale. It was especially noticeable just for one very personal reason: I wanted to be able to send my dad in the U.S. a t-shirt. I always sent him a t-shirt from the companies or the universities of which I became a member. Indeed, this may seem very peculiar to any person who may have ever worked in the marketing office of any-sized university. The sale of such school “pride” items can be profitable in itself, but at any rate is costless to the university, even after taking into account the price of design and production, maintaining stock and administration for the sale of goods. Even a small market makes up for all of this since the target market is highly invested in the product, the supplier is decidedly monopolistic by nature, and the turnover from new staff and students assures some consistent demand for the products. All of that is of course aside from the main point–schools need name recognition and the sale of pride products is a major source of free advertising in this aspect.

As a graduate student I mistakenly saw this as a great opportunity to accomplish three related good deeds, and get a JAIST golf shirt made for my dad too: I would design and have produced several items that would surely be of interest to students and staff of the university, market and sell them–which would satisfy that same demand which I myself sensed. With no commitment from or involvement of the university required at all, except for their permission to do so, I could single-handedly increase my university’s name recognition in the community, and presumably around the world to some small degree. Finally, I could make some small profit as a reward for my efforts, which I would surely need to help support my research and living expenses. This was to be a slam-dunk. A no-brainer. BANG! What a bonanza, I thought. I engaged the staff I knew in this conversation, and a meeting was arranged for me to discuss this radical new idea being offered to them free of charge. I spent a couple of days researching suppliers for this kind of goods, and had some mock-ups of the proposed goods made, which I included with a bi-lingual proposal for a license to use the university’s existing logo and images. Six men and women came to hear my awkwardly foreign Japanese presentation, but they were all visibly impressed. At the end I was told that although no firm decision could be made by such a group of self-described office functionaries, they assumed that the benefits I was offering, and the price I was asking (zero) would make it a good idea for the university. Mere days later, I received an email from one of the lowest level office workers that the vice president of the university said “no.” I would be better off focusing my energies on my research rather than trying to help them solve the problems of the university.

After also having noticed that no student council had existed, three years later, I established one with the political assistance of my professor. Among the many reasons for establishing a student council, one of them would be to re-assess this weird lack of JAIST shirts and coffee mugs. The road to market was a barrage of nay-naying from surprising sources: a very provincial type woman belonging to the management of the single university store deigned to meet with me to discuss the possible placement of our Student Council brand official JAIST Goods in the store. I was expecting some discussion of division of profits and liabilities, a contract, some discussion of their standard business practices and process, maybe the need for some assurances or money. The first thing this lady said to me though was, irrelevantly enough, that she didn’t think Japanese students would buy those goods. In fact they did buy, and large quantities of goods were requested. Orders from Japanese professors and administrators of 20 and 100 came. The university president (Japanese, of course) wanted a golf shirt, a cap and a mug. But none of this would be made available with any help or assistance from the university store, or the university itself whatsoever. In fact, the Council received a threatening email from someone in the “labor management section” about infringing on the JAIST copyright. That person had been alerted to our proposed activities by none other than the anti-business store manager! Is it possible? That people would be so steadfastly in opposition to me making a few hundred yen while serving their own needs? Anyway, we enlisted the student body in a competition to design our own logo, to avoid any trouble with the now rabidly anti-business office staff. Even still, we received truly unending innocuous-seeming requests for increasingly invasive information (including financial information of the proposed private business, the names, contact information and prices of my suppliers, and my own personal financial information) from the office of student affairs apparently aimed at infringing upon or discouraging our entrepreneurship. It seems the university office workers were quite keen on ensuring that no student ever makes any kind of profit from any kind of sales of any kind of product on any national university grounds…Like, it was more abhorrent to them than the thought of consuming cherry vodka fanny bangers at a faculty disciplinary hearing. In the end, even our advisor and protector, the Dean of the school was disparaged, and we were kindly requested NOT to attempt to address this problem of no-JAIST-goods for them anymore. It was a mixed success: We managed to design, produce, market and distribute exactly one cycle of a much desired product, and I broke even on the venture. It would be the last time ever for this want-to-be capitalist at that institution, however. That was fine, anyway I would graduate soon and had bigger ideas to entertain.

Case 2: A friend of mine, a German pilot and safety officer for EU pilots would fly into Komatsu International Airport a couple times of year and stay for two or four days while his plane was prepared to fly again. During those days, he complained, he would have nothing much to do except hang around his hotel room, roam the streets in search of any intelligible (English) communication and inevitably drink copious quantities of hotel bar alcohol. What he and his company needed was some local person who could provide the kind of guidance I could give, and take the pilots to the beach or the mountains, maybe offer a bicycle rental. In fact though, it wasn’t just the pilots flying in and out of Komatsu. Since Kanazawa opened up its first Shinkansen train line last year, literally thousands of foreign, mostly non-Japanese speaking, illiterate and largely lost and out-of-place tourists have been wandering through the well-preserved feudal-era narrow streets of this place. I know this is true because I routinely hear the laments of my Kanazawa Hotel and Inn Association English students–they are so busy now; their rooms are always full; they need more staff; they need to hurry up and try to learn more English to cope with the many language problems that have resulted. The real test though is the Starbucks test. Not the economic barometer of disposable income, but this: ten years ago, it was often possible, but not at all guaranteed to encounter even one other foreigner at Starbucks. This year, Kanazawa Station Starbucks and M-za Starbucks are packed almost exclusively with foreign clientele of European descent. I am sure that none of these people live here, either. They’re all carrying cameras and backpacks, and most are of retirement age. These people desperately need no-nonsense, English speaking tour guides, and I am willing to bet that many of them would be happy to pay money for that privilege.

Over the last several months, I carefully developed a website to address this need and to help to those tourists who may want a little more help to navigate this unforgivingly non-English speaking corner of the north. They could also use my help parting with some of their much-needed money while they are temporary participants in this local economy. To do that, I need only impart a sliver of the bounty of knowledge of this place which I have amassed in 13 years of research, learning and teaching. They also need transportation, some equipment in case of going kayaking, skiing, or mountain climbing, for example, and of course oodles of accident and life insurance. I expected that much. What I didn’t expect was this: about the time I was really feeling ready, in fact overdue to launch that exact business, I was sternly warned by my wife who informed me of recent news reports of Chinese nationals in the Tokyo area who were arrested for operating a similar-type business without a license. While living in a country where I am aware that a license for serving tea exists, it quite honestly never for a moment occurred to me (or maybe to those Chinese business operators) that I could need a license to show people around my hometown. After being juggled around on the phone between several Japan legalese-only speaking tourism offices, I dutifully arranged an in-person meeting with my prefectural travel and tourism bureau.

I was welcomed by the panel of three officers–two from tourism and one from legal. The three were not personally difficult or offensive in any way. They even apologized for the fact that none of the the three of them, and no one in the national tourism offices ANTA and JATA could speak English. Pretty soon though, the air sucking through teeth began. “Mmmm, muzukashii…” That is the beginning of almost every un-scripted conversation foreigners have with Japanese standing behind a service counter. It is the calm but firm discouragement I suffer at every mention of trying to improve my station, assume a level-appropriate role in almost anything, or help to fix even the most obvious of problems. “It would be easier if you had a Japanese partner,” one said bluntly. I told him that while I appreciated his suggestion, I came to get the information on doing it myself, or with my wife. “Umm…” he stammered until the lawyer could help out “Well your wife has a job,” the lawyer said, “so it would be against her working conditions to engage in any outside business activity.” Which although it is true enough, if completely aside from the point. Let me tell this to you straight: after 13 years of working in Japanese schools and companies, there is no possibility of me having an equal partner. No matter what I do or how good I may be, I will always be held in lower regard than, and held back by my Japanese counterpart. They nodded in apparent understanding without need for example, and bit by bit laid out the separate processes as best as they themselves understood them. If I could do it, they said, I would be a pioneer.

The news they had for me was not good: I need not merely to prove my financial worthiness to the state and present insurance certificates. I need to pass a national test for a travel agency. It’s only offered in Japanese of course, and full of Japanese legal jargon. Maybe I can get some help for this, but the test is offered only once per year! Once. That’s pretty bad. On top of that, if I am actually thinking of transporting people in my car (um, I thought that was what cars were FOR) then I can’t do that with just a regular passenger car license. I need a taxi driver’s license, which the tourism agency told me would be practically impossible for (a foreigner) to accomplish. “Oh, so all of those hotel van drivers have taxi licenses?” I asked. The panel of three gave each other those uncomfortable Japanese glances and the lawyer said no, that was different. Be that as it may, I thought how this touches directly on another issue, Japan’s reinterpretation of the Geneva Convention covering international driving privileges. I had a commercial 10 ton license with air brakes certification, and the chauffeur and taxi license when I came here, but I just didn’t have the extraordinary resources of time required for transferring all those licenses and testing and re-testing individually for each one of them after all I went through just to get my regular car and motorcycle licenses back. OK, so in order to take foreign people to the beach and get paid for it, I need a travel agent’s license and a taxi driver’s license, and I need to register my business (no kidding, a 14 part process) which includes depositing no less than 100,000 yen (about $9,000) cash with the Japanese government, presumably interest free, or maybe with negative interest. I also need to show and maintain a similar balance in my company account. No doubt, this is an extraordinary, if not cock-blockingly prohibitive set of artificial barriers to free enterprise. Some of this is understandable, as I said. Companies need insurance. If I were in a position to do harm to the environment or local population, some financial assurances (though probably not a “deposit” like as with some shyster landlord) would be expected. On top of all this, though, and I really don’t think I could ever invest 200,000 yen in licensure before ever even getting a company started to be honest, but on top of all this, at the end of my meeting in the Ishikawa ken cho I was asked in all seriousness where my office would be located. This is significant, the lawyer said, because for the lowest level of licensure (the 200,000 yen one) I could only do business within one municipality’s distance from my home office. After going the processes outlined already, and they are extreme, I would get a license that wouldn’t even include Kanazawa. The license for the type of small business I envisioned requires an 18 million yen commitment.

I go deadpan. I search in vain for the hidden cameras, wait hopelessly for the comedian in the yellow suit and giant bow tie to jump out laughing. This is real though. This is the anti-business environment they have created. It kills any small businesses before they could ever get started, and for what? What does all this process and licensure get for Japan? A few badly-needed interest-free loans? Probably that is an emergency of their own making. Is it enough to make up for the multiplied effects of dampening the business spirit? John Maynard Keynes wouldn’t say so. Does it prevent ill-intentioned or unqualified players from entering the market? Surely it must, since this condition would seem to prevent MOST players, qualified or not from entering the economy. With my PhD, my Global Human Resources doctoral certificate, and my advanced Japanese credential from a national university, as well as years of volunteer and professional service in the field which I would like to work independently, probably no one would say I am at all unqualified to take foreigners on local side trips, even for money.

I am not saying I was singled-out or unfairly discriminated against for being a foreigner necessarily. While this is a positively horrible set of conditions, and terrible treatment of a prospective entrepreneur who should be met with open arms, Japanese law and government treats its own citizens just as badly. The outright hostility of the Japanese government towards small businesses like these assure larger market share to larger entities–or else they just assure that some markets will simply never be, for lack of active, qualified and viable suppliers. The people at my former university will continue to want, and not get university logo-emblazoned items to send back home. The local citizens will continue not knowing what JAIST is, or even that it exists at all–possibly the most hilarious marketing failure in the country. And foreign tourists will sip a few coffees and walk themselves around downtown for a day or two and go on to Kyoto or home. Many of them will say how wonderful and enigmatic that dusty old Kanazawa town was, but it might be better. If they could have had a locally-educated English speaking guide to show them the most beautiful and meaningful places in the Ishikawa countryside, I would at a minimum explain the history of the Farmers’ Rebellion, the importance of the Shirayama Hime Jinja, Bassho’s passage, or the City of Temples. They also would be sure to spend more money while they were here, and that money could support not only me and my family, but the people I would have employed in the company that I fear now will never be.

-Nate Nossal Ph.D., Ishikawa Prefecture

ENDS

Onur update: Ibaraki Pref. Police lying on posters requiring hotels to inspect and photocopy all foreign passports; gets police to change their posters!

Posted on April 13, 2016April 13, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Debito.org Reader Onur updates his post here last month about discrimination at Japanese hotels being, in one case, coin-operated (where all “foreign guests” are unlawfully forced to provide photocopies of their passports, moreover at their own expense) at police behest. Now he gets to the bottom of police chicanery in Mito, Ibaraki Prefecture, where he catches them in an outright lie. Three lies in one police notice, as a matter of fact. Read on:
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April 12, 2016
Hello Dr. Debito,

I have some news on the passport copy rule in the hotels, which shows the role of the local police in the unnecessary checking and copying of ID cards of foreigners living in Japan. Last weekend I stayed at Mimatsu Hotel in Mito City, Ibaraki Prefecture. I wrote my Japanese address to the guest registration form during check-in.

However, the reception asked for my passport. I said I don’t carry my passport and they said any ID card like driver’s license is OK. Although showing is not necessary, I showed them my residence card with my address and permanent resident status on it. They said that they must copy the card. I asked the reason. They said that it is the rule of the hotel(!) and also the law of Japan to copy the ID of all foreigners. I was surprised to hear that also the hotel has such rule in addition to the law of Japan! I said that according to law it is not necessary and they are not allowed to copy my card, but they insisted they must copy.

They showed me a poster on the wall. The poster prepared by the Mito City Police Department Security Division was saying that “Japanese law requires that we ask every foreign guest to present their passport, photocopy of which we keep on file during their stay with us”. I said that the real law is different and showed them the copy of https://www.city.shinjuku.lg.jp/content/000062471.pdf . After seeing the document, they reluctantly allowed me to stay.

I said that I will inform this incident to Mito City Public Health Department (保健所), which has authority over the hotels regarding the implementation of laws. The next day during the check-out I asked the receptionist of the hotel to take a photo of the poster prepared by the Mito City Police Department to check it in detail. The receptionist gave permission so I took the photo of the poster and printed it at an Internet Cafe. I am sending the poster as an attachment.

IbarakipolicehotelposterApr2016

[CAPTION COMMENT FROM DEBITO: Note the three official lies in this official poster issued by the Ibaraki Police: 1) Japanese law requires every foreign guest to present their passport (no: every foreign tourist without an address in Japan); 2) the requirement of photocopying (which is stated nowhere in the law), and 3) their citation of the Hotel Business Law, which states none of this.]

It was Sunday and all public offices were closed, so I cancelled my bus reservation by paying cancellation fee and stayed one more day in Mito, which cost me lots of money. In Monday morning, I went to Mito City Public Health Department (保健所), because when I had called the Health, Labour and Welfare Ministry to learn more about the law, they had told me to inform the Public Health Department of the city in case a problem occurs in a hotel.

The officers at Public Health Department were very helpful. They said that as I have an address in Japan, I do not have to present my ID to the hotel. I showed them the poster of the police department. The officers were very surprised. They said that they have never seen this poster before and also the police did not contact the Public Health Department regarding the poster. They said that the explanation in the poster is clearly different from the real law, especially the English translation which says “every foreign guest”. They commented that the police is becoming more and more strict since last year because the G7 Summit and Tokyo Olympics are approaching. Finally, they said that they will check the hotel and inform me about the result.

As a final step, I went to the Mito City Police Department. I said I want to learn more about their poster. Two police officers from the security division came. I told them the incident at the hotel and informed them about the result of my call to Health, Labour and Welfare Ministry and my visit to Public Health Department regarding the law. They listened without making any comments. I showed them the official announcement of the ministry at https://www.city.shinjuku.lg.jp/content/000062471.pdf and said that their poster is clearly different. They took notes like the number of the law as if they are not aware of the law and they read the announcement of the ministry. They asked questions like “Do the other hotels in other parts of Japan ask your ID card? Isn’t checking the ID card necessary to confirm that a foreigner really has an address in Japan?” I answered their questions and asked them to contact the ministry for detailed information. I said I called the ministry, so I can give the phone number of the ministry if they want. They said it is not necessary. Finally, I said please fix your poster. They said they will check the law and behave accordingly.

In the afternoon, I had phone call from the Public Health Department. They said they went to the Mimatsu Hotel to check it and saw that the poster on the wall of the hotel has changed. It seems that the police department printed a new poster and distributed to all hotels only in a few hours after I left the police department! They said the new poster clearly states “foreign nationals who do not possess an address in Japan”, so complies the regulations. They said they informed the hotel about the laws and regulations and warned the hotel to not to the same mistake again. Finally, they thanked me for informing them about this problem.

[REQUEST FROM DEBITO: Any readers near or in Mito who can drop by a hotel and take a picture of the new notice for us? Thanks.]

In short, if you ever encounter such a problem with a hotel, go to the local Public Health Department (保健所). They were very helpful and quick. If the problem is due to the police (not a misunderstanding of the hotel management), do not hesitate to go to the police department.

Regards, Onur

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

COMMENT: Ibaraki sure seems to have it in for foreigners. Check out these past notices from their police forces:

From “Update: Ibaraki Police’s third new NJ-scare poster”
Debito.org, July 29th, 2009
https://www.debito.org/?p=3996

From “Ibaraki Pref Police put up new and improved public posters portraying NJ as coastal invaders”
Debito.org, November 20th, 2008
https://www.debito.org/?p=2057

And how about these Debito.org entries?

Kyodo: Foreign trainee slain, colleague wounded in rural Ibaraki attack, in oddly terse article (UPDATED with news of another underreported NJ death)

Debito.org, Thursday, February 26th, 2015

Nikkei: Another Japanese nabbed for being like a “suspicious foreigner” in Ibaraki. Adding it to the collection

Debito.org, Tuesday, August 26th, 2014

Oh that’s right. Ibaraki is home to a really mean foreign detention center:

AFP: Another hunger strike in Immigration Detention Center, this time in Ushiku, Ibaraki

Debito.org, Monday, May 24th, 2010

Japan Times on Ibaraki Detention Ctr hunger strikers: GOJ meeting because of UN visit?

Debito.org, Monday, March 22nd, 2010

Japan Times & Sano Hiromi on violence towards NJ detainees at Ibaraki Detention Center, hunger strike

Debito.org, Friday, March 12th, 2010

There’s also a mention of a death in detention in Ibaraki at that detention center, mentioned in the following Reuters expose.

Reuters: Death toll mounts in Japanese Detention Centers (aka “Gaijin Tanks”) as NJ seek asylum and are indefinitely detained and drugged

Debito.org, Wednesday, March 16th, 2016

Ibaraki Police have also notified the public about how “foreign crime groups” behave, courtesy of http://www.pref.ibaraki.jp/kenkei/a01_safety/security/infra.html

NPA “Crime Infrastructure Countermeasures” campaign also targets “foreign crime” anew. Justifies more anonymous anti-NJ signs

Debito.org, Thursday, June 20th, 2013, which included the following racialized illustration:

It would seem the officially-sponsored xenophobia runs deep in Ibaraki. Put a nasty Gaijin Detention Center in an area, allow the police to project their bunker mentalities by lying on public posters, and you get panicky residents who sic cops on “people who look suspicious” because they look foreign (even if they are Japanese). Are you seeing what happens when you give the police too much power to target people? Ibaraki Prefecture is developing into a nice case study.

Well done Onur for doing all this great detective work. I did some investigative work like this more than a decade ago. Remarkable that despite having this pointed out again and again, the NPA continues to lie about the laws they are supposed to enforce. Dr. ARUDOU, Debito

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

Onur on continued racial profiling at Japanese hotel check-ins: Discrimination is even coin-operated!

Posted on March 12, 2016March 14, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Another letter below from a Debito.org Reader talking about how Japanese hotels are continuing to racially profile their customers at the behest of the police, and in a way actually against the law. More on this here. Reprinted with permission of the author. Dr. ARUDOU, Debito

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March 3, 2016
Hello Dr. Debito,

I am a foreigner living in Japan. Your “WHAT TO DO IF” page has a column about “…you are asked for your passport number at a hotel, despite having an address in Japan.” and “…you are refused service at a hotel.”, which is very informative. I would like to share my experience.

I travel often, so I stay in many business hotels in Japan. Not all but many of them caused many problems due to the passport copy rule. Of course I carry only my residence card, not my passport. In the past I used to allow them when the hotel wants to copy my residence card. I remember that a hotel in Asakusa ward of Tokyo even asked me to copy my residence card by myself! The woman at the reception pointed the coin operated photocopier in the hall and told me to copy my residence card and bring it to the reception. I said it is coin operated, not free and she said pay the money to the machine. I paid the money, copied my residence card by myself and gave the copy to the reception. Even though it was hotel’s photocopier, they did not pay the money back!

Later I learned that as I have an address in Japan, hotels do not have the authority to ask my residence card and started to reject them when they asked to copy it. Still I was showing the card when they asked. Two years ago I had a bad experience at Inuyama Central Hotel in Aichi Prefecture. I wrote my Japanese address to the guest registration form, but two old male receptionists asked my passport. As I don’t carry it, I showed them my residence card and my address on it. They wanted to copy it, but I said no. They said that they must copy my residence card according to the law of Japan. I said copying is not necessary and they did not allow me to check-in! We had a long argument, but they refused me service. I was extremely tired and exhausted, it was late at night and it would be hard to find a place stay at that time, so I decided to resolve it the next day and allowed them to copy my residence card.

The next day I checked out and tried to find some help. Unfortunately it was Sunday and public offices were closed. I went to the the police center but they were not knowledgeable about the law. Then I went to the local Tourism Association. They called the hotel but the hotel said they are sure that the IDs of all foreigners must be copied. The association called other hotels to confirm and other hotels said that that law applies only to the tourists.

The association called again the Inuyama Central Hotel to inform, but the hotel said that they also checked it and learned that only the passports of tourists must be copied! I said I want to get the copy of my residence card back and went to the hotel. In the hotel I saw only a young female receptionist. She gave the copy and just said sorry (moushiwakegozaimasen). I said “I lost half a day and had many problems because of your hotel’s fault and is that all you say?”. She said moushiwakegozaimasen only and got rid of me. You can read my review and their reply on Rakuten travel at
http://review.travel.rakuten.co.jp/hotel/voice/108717/10869996?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=1

This problem is widespread in Japan, not limited hotels in the rural places, which are not familiar with foreign guests. Even Hotel Sunlite Shinjuku in Tokyo, which is a big hotel full of foreigner guests wanted to copy my residence card. My review is at
http://review.travel.rakuten.co.jp/hotel/voice/1026/11413873?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=4

Later I called the department related to the hotel law at Ministry of Health, Labour and Welfare (MHLW) by phone 03-5253-1111（ext: 2437）and asked the law. They said “The foreigners living and having an address in Japan do not have to show their ID to hotels. It is enough to write the address in Japan to the guest registration form. If the guest is living in Japan, the hotels do not have to copy IDs, or ask to see the IDs or check whether the address written to the guest registration form is correct”.

It seems like copying IDs of all foreigners is being enforced by the police. Recently I reviewed another hotel which asked to copy my residence card and as a reply they said that copying the residence cards is requested by the police. My review and their reply is on the page http://review.travel.rakuten.co.jp/hotel/voice/15873/13252581?f_time=&f_keyword=&f_age=0&f_sex=0&f_mem1=0&f_mem2=0&f_mem3=0&f_mem4=0&f_mem5=0&f_cat1=1&f_cat3=1&f_teikei=&f_static=1&f_point=1&f_sort=0&f_next=0&f_offset=1

I did a search on the Internet and saw that a Zainichi Korean had the same problem at Yonaga City in Tottori Prefecture and called the police station to clarify the rules. It is written in detail on the page http://blog.goo.ne.jp/gekkan-io/e/01e22b16aecd84285992755fc96f46b4. In short, the police accepted that they are forcing the hotels to check and copy the IDs of all foreigners! Police is even asking the hotel to call the police if a foreigner does not show his ID! At the same time they say that showing the ID is voluntary and a foreigner has the right to refuse showing it. A big dilemma!

Arguing with the hotels on this residence card check and copying is very annoying. Refusing to allow copying the card may not be enough as the hotel may continue asking it to other foreigners. Recently, when I stay in a hotel that asked to copy residence card, I am writing a review on Rakuten hoping that the hotel and checks and learns the real law. I also give a low rating to those hotels in the review. Average rating in on-line reservation sites is somewhat important in Japan, so probably many hotels would take it into account. If many foreigners people do the same thing, more hotels may abide the law.

Regards, Onur

JT on corporate threats to student activists’ futures (SEALDs in particular); this is probably why they suddenly turned craven

Posted on January 25, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. One particular topic Debito.org has not touched upon enough is activism in general by liberal-minded students, in particular the group attracting much attention called Students Emergency Action for Liberal Democracy (SEALDs). I have only mentioned them here and in my year-end round up of the Top Ten Human Rights Issues for 2015 for the Japan Times (I placed them at #6), where I wrote:

=======================================
“On the other hand, the most high-profile youth group against the Abe Cabinet’s right-wing push (and darling of the international media), the Students Emergency Action for Liberal Democracy (SEALDs), decided to flame out with flair. At an news conference in October at the Foreign Correspondents’ Club of Japan, SEALDs leaders announced that with their impending graduation from college, they wouldn’t just be stepping down in 2016 as organizers — they would disband the group without a transition to a younger generation.

“Coming off as more concerned with their own short-term individual interests than the larger movements within Japanese society, SEALDs seemed to show that even Japan’s most vibrant, cosmopolitan and appealing young activists (which matters, as this year the voting age will drop from 20 to 18) are nonetheless intimidated by power, and treat human rights advocacy as a temporary hobby.”
=======================================

While I am not changing my position regarding the cravenness of SEALDs organizers, let’s be fair. They have been overtly threatened by authority. Check out this article from last August. Dr. ARUDOU, Debito

////////////////////////////////////////////
Should SEALDs student activists worry about not getting hired?
BY HIFUMI OKUNUKI
THE JAPAN TIMES, AUG 30, 2015

Summer 2015 — 70 years since Japan’s defeat in World War II. Prime Minister Shinzo Abe and his ruling coalition have rammed two security bills through the Lower House that overturn decades of interpretation of the Constitution by enabling Japan to engage in collective self-defense. Now he hopes to do the same in the Upper House.

Opposition to the government’s aggressive push to loosen restrictions on the use of military force is being heard from many corners. The beacon for students opposing the bills has been the Students Emergency Action for Liberal Democracy, or SEALDs. Under the slogan of protecting “freedom, peace and democracy,” these students have loudly voiced their opposition to the government’s push for militarization at protests around the country.

SEALDs have put paid to two tired tropes that have been regularly trotted out over the years about Japan’s students: first, that they have no interest in politics, and second, that student social movements here are a thing of the past. Inspired by SEALDs, even high schoolers and mothers who had never before engaged in social activism have taken to the streets to demand that our country commit to never again waging war, and that our youths are never asked to kill those of other countries. Jumping on the bandwagon have been the elderly, under the collective banner of OLDs, and even the middle-aged, or MIDDLEs.

This resolute, relentless movement has already begun to have a clear impact on our society. The recent drop in support for the Abe government is at least in part a result of grass-roots movements such as SEALDs. One Liberal Democratic Party member of the Lower House tweeted: “SEALDs members just don’t want to go off to war, i.e., their actions are based on extreme selfishness.”

But if these youths were only thinking of themselves, would they really be engaged in a collective social movement like SEALDs? Also, the idea that not wanting to go off to war is “selfish” is itself a serious attack on individual thought and freedom of conscience. It reminds me of the totalitarianism that prevailed before the war, and I was shocked to hear a modern-day politician utter such a comment. I assumed he must be some old fogey, so when I discovered it was 36-year-old Takaya Muto, I was flabbergasted.

The fact that a lawmaker would use such extremist language perhaps offers some insight into the extent of panic within the LDP at SEALDs’ growing strength. The comment caused quite a stir. That and some alleged financial shenanigans led to Muto’s resignation from the LDP on Aug. 19.

For politicians chomping at the bit to deploy Japan’s forces overseas, SEALDs are apparently quite an irritant. An independent member of the Yukuhashi city assembly in Fukuoka Prefecture also stuck his foot firmly in his mouth when he riffed on a comment by one SEALDs member that “we tremble at the thought of going to war.” Shinya Kotsubo parodied it on his blog on July 26, titling his article “SEALDs members should tremble at the thought that they’ll never get a job.” He explained further, writing, “You are demonstrating now while you’re students, so don’t come crying when no one will hire you later on.”

“When companies scout for students,” he elaborated, “they look at the name of the university. They don’t look at the students themselves. All the power lies in the side that selects. … Since the corporation is the one that selects, everything must follow the company’s rules and interests. This is reality.

“To give a specific example, say a sports club becomes involved in a rape scandal. The university’s reputation is damaged and it affects all students. The rapists’ reputations are of course damaged, but the university is also seen as ‘that kind of university.’ The fellow students who were unable to prevent such a scandal become tainted as people who would be likewise unable or unwilling to protect the reputation of the company. So there would be no reason to hire such a student.

“The university’s reputation was not built by the current student body. Since it was not acquired by current students, they have no right to protest. … This reputation was a gift given to current students from their seniors who have already graduated and gone out into the world, making a name for the university. If they damage the reputation of the university to which they belong, it’s obvious how things are going to play out. We should do everything possible to eliminate the risk of this. A corporation should not be asked to shoulder such a risk to its reputation.

“Careers begin with an offer from a corporation, but it’s already too late for that. The result is that they will all be shot down. Some students are at prestigious schools such as Waseda or Keio University. These students are probably OK since many famous politicians, police and bureaucrats are from there. Selection takes precedence in all cases, so the impact on these students will only be slight. However, students at universities with little power, history or tradition won’t be so lucky. They will not be selected and as a result, all will be eliminated. I have even heard of cases where the professors join the demos and egg on their students.”

To sum up, Kotsubo says: 1) Corporations have all the power over whether to hire; 2) when hiring, corporations place great weight on the reputation of an applicant’s university and don’t really look at the students themselves; 3) if the university’s brand name is hurt, all students attending that university lose credibility; 4) students engaged in social movements are damaging the brand value of their universities; 5) the risk for students at prestigious colleges like Waseda and Keio is slight, but students at less prestigious schools are a write-off (i.e., They will never get a job); and 6) I am saying all this for the benefit of students, but the most guilty are the professors who encourage students to protest without warning them of the risks.

Let’s examine Kotsubo’s rant from the perspective of labor law…

Rest of the article at http://www.japantimes.co.jp/community/2015/08/30/issues/sealds-student-activists-worry-not-getting-hired/

JT: Anti-war student organization SEALDs to disband after Upper House poll in 2016

Posted on December 9, 2015December 10, 2015 by Debito Arudou, Ph.D.

mytest

Hi Blog. Now here’s something I find profoundly disappointing. One bright outcome of Japan’s Right-Wing Swing was the reenergizing of the Grassroots Left, with regular public demonstrations promoting anti-racism and tolerance. However, one group that attracted a lot of attention for opposing PM Abe’s policies, the Students Emergency Action for Liberal Democracy (SEALDs), made an announcement (at the Foreign Correspondents’ Club of Japan, no less) last October that their leadership wasn’t just stepping down due to graduation from university — they were disbanding the entire group within a year.

That makes the leadership comes off as human-rights hobbyists. There is no need to make what should be a handing over of the reins to the next generation into a public spectacle of disbandment. Alas, they’re quitting, and taking the brand name with them. Abe must be grinning in great satisfaction. From eroding Japan’s democratic institutions to making investigation of government chicanery illegal to marching Japan back to its martial past (while decimating Japan’s Left in formal Japanese politics), Abe is truly winning this fight. He’s even got these brave kids running scared. Dr. ARUDOU, Debito

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Anti-war student organization to close shop after Upper House poll
BY TOMOHIRO OSAKI, THE JAPAN TIMES, OCT 28, 2015
http://www.japantimes.co.jp/news/2015/10/28/national/politics-diplomacy/anti-war-student-organization-close-shop-upper-house-poll/

A pro-democracy student group behind this summer’s massive youth protest against Prime Minister Shinzo Abe’s security legislation plans to dissolve after next year’s Upper House election, members said Wednesday.

Students Emergency Action for Liberal Democracy (SEALDs) gained widespread attention over the summer for a series of anti-war rallies held near the Diet building to protest the administration’s push to allow the nation’s military to fight abroad for the first time since the end of World War II.

Known for its unconventional demonstrations, which included rap-influenced music and stylish placards, the group was hailed for leading a resurgence in youth activism that sparked hopes in society that the nation’s politically apathetic youngsters may be changing.

“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,” group member Mana Shibata, 22, revealed during a news conference at the Foreign Correspondents’ Club of Japan in Tokyo.

“After that, if individual persons want to take action or create another movement, they are free to do so.”

Before their movement became SEALDs, many members protested the state secrecy law — contentious legislation championed by Abe that many said would impinge on people’s right to know or discover crucial government information. That group called itself SASPL, or Students Against Secret Protection Law.

After the security bills were rammed through the Diet last month, SEALDs will now focus its activities on gearing up for next summer’s Upper House election, members said. Its newest mission: to call on opposition parties to form a united front against the ruling Liberal Democratic Party.

Noting that the passage of the bills signals Japan’s democracy is “on the verge of collapse,” member Takeshi Suwahara, 22, said: “What is happening is a crisis. I know opposition parties have their own conflicting interests. But they must listen to voices of the public and cooperate with each other.”

Dismayed at an ever-decreasing voter turnout among the young, SEALDs will also ramp up efforts to encourage younger people to vote in elections.

The nation’s 18- and 19-year-olds will now for the first time be allowed to cast ballots in accordance with a legal revision in June.

Aside from making continued efforts to organize related rallies and symposiums, members will try to establish voting booths in places such as train stations, shopping malls and universities, they said.

“Demographically speaking, young people in Japan are underrepresented and as a result it’s difficult for their voices to be reflected in politics and fulfill their needs for education and social welfare. I believe this election is a chance to change such a trend,” Suwahara said.

ENDS

Asahi & Mainichi: “No Hate” “No Racism”, “Refugees Welcome” say protesters at Tokyo anti-discrimination rally. Bravo.

Posted on November 25, 2015 by Debito Arudou, Ph.D.

mytest

Hello Blog. As has been pointed out by a number of Debito.org Readers, this development is a positive one, both in that it happened (as an annual rally, no less), and that it was reported in the news. Read on. Dr. ARUDOU, Debito

First watch this:

東京大行進：ヘイトスピーチに抗議、「差別反対」アピール (Mainichi Shinbun)
https://www.youtube.com/watch?v=h08UMRWaRZQ

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

Refugees welcome’ say protesters at Tokyo anti-discrimination rally
Asahi Shinbun, November 23, 2015 By MIAKO ICHIKAWA/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201511230054

“Refugees welcome” was a rallying cry among 2,500 or so Tokyo Democracy March demonstrators who paraded through the capital’s Shinjuku district on Nov. 22 following the recent Paris terror attacks.

The crowd, protesting all forms of discrimination, urged Japan to welcome those fleeing danger with some waving a banner displaying the asylum seeker-friendly slogan.

“Behind the vigorous rhetoric which says ‘We do not yield to terrorism,’ refugees could lose a place to live,” said one 42-year-old worker from Tokyo’s Setagaya Ward who joined the event.

Causes on the agenda included the prejudice experienced by ethnic Korean residents in Japan, the LGBT (lesbian, gay, bisexual and transgender) community and people with disabilities.

The third annual demonstration also focused on asylum seekers amid concerns over anti-refugee sentiment in and outside Japan after the Nov. 13 terrorist attacks in Paris that left 130 people dead and hundreds injured.

The fears stem from the idea that terrorists could masquerade as refugees to enter the country.

The event was first organized in 2013 chiefly as a protest against groups which staged a number of hate speeches targeting the numerous ethnic Korean residents in Tokyo’s Shin-Okubo district.

The demonstration has so far drawn on various themes, including the display of a discriminatory banner declaring “Japanese Only” at Saitama Stadium during a J.League football match on March 8, 2014.

“We participate in this event because of our desire to improve our society,” said a 30-year-old organizer of the protest.

ENDS

Japanese version:
「差別いらない」反ヘイトデモ、新宿で　「難民歓迎」も
朝日新聞　2015年11月22日22時27分
http://www.asahi.com/articles/ASHCQ5VHJHCQUTIL00T.html

「差別はいらない」「一緒に歩こう」。在日コリアンやＬＧＢＴ（性的少数者）、障害者らあらゆる差別に反対するデモ「東京大行進」が２２日にあり、約２５００人（主催者発表）が東京・新宿の繁華街を練り歩いた。パリ同時多発テロ事件を受けて難民に対する排外的な感情が国内外で懸念されるなか、「難民歓迎」を訴える声もあった。

デモは２０１３年、東京・新大久保で在日コリアンにヘイトスピーチを繰り返す団体に抗議してきた人たちを中心に企画。サッカースタジアムでの差別的横断幕など、これまでさまざまなテーマに広がりをみせてきた。

３回目の今年は、難民が柱の一つになった。「ＲＥＦＵＧＥＥＳ　ＷＥＬＣＯＭＥ（難民歓迎）」などの横断幕を掲げたりした。デモの運営メンバー（３０）は「根っこにあるのは、民主主義を肯定し、社会を良くしようという当たり前の気持ち」という。

「難民歓迎　『テロに屈しない』はこれだ」と書いた手作りのプラカードを掲げて歩いた東京都世田谷区の会社員（４２）は「『テロに屈しない』という威勢のいい言葉の裏で、難民は行き場をなくす。社会に広がる空気に対し、自分の気持ちを示した」と話した。

スタッフの一人として参加した都内の大学生加藤大吉さん（２５）は「差別はいらないという一点でまとまり、ポジティブな気持ちがあふれるデモになった」と話した。（市川美亜子）

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Photo Journal: Marching against hate
November 23, 2015 (Mainichi Japan), courtesy of JK and Jair
http://mainichi.jp/english/english/newsselect/news/20151123p2a00m0na006000c.html

Members of the 2015 Tokyo Democracy March hold signs and shout slogans condemning discrimination during a march in Shinjuku Ward, Tokyo, on Nov. 22, 2015. Organizers announced that some 2,500 people participated. The annual march began in 2013, mainly composed of people opposed to repeated hate speech demonstrations. This year’s democracy marchers voiced opposition to discrimination based on race, ethnicity, sexual orientation or disability, and called for quick passage of an anti-racial discrimination bill under debate in the Diet. (Mainichi)

Japanese version:

東京大行進：「差別いらない」…新宿でアピール
毎日新聞　2015年11月22日　19時45分（最終更新　11月22日　20時36分）
http://mainichi.jp/select/news/20151123k0000m040030000c.html

ヘイトスピーチに抗議し、差別を許さない社会を呼びかけるパレード「東京大行進２０１５」が２２日、東京・新宿で開かれ、約２５００人（主催者発表）が「差別に反対する東京」をアピールしながら新宿駅周辺を行進した。

ヘイトスピーチを繰り返すデモに路上で対峙（たいじ）してきた市民らを中心に２０１３年に始まり、今年で３回目。人種や民族、性的指向、障害などを理由とした差別に反対し、国会審議中の「人種差別撤廃施策推進法案」のすみやかな成立を訴えた。

安保法制審議で民主主義の意味を問いかけた学生グループ「ＳＥＡＬＤｓ」のメンバーも参加。内戦下のシリアから欧州に逃れてきた人々にドイツ市民が示した「難民歓迎」というプラカードを掲げる人の姿も目立った。

実行委員会代表の西村直矢さん（３５）は「私たちが生きる社会を守るため今後も声を上げていきたい」と話した。【小泉大士】

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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

Posted on November 13, 2015November 13, 2015 by Debito Arudou, Ph.D.

mytest

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:

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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

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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.”

“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.”

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:

(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.

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'”.

Nikkei interview with Japan’s most famous naturalized former Zainichi Korean: SoftBank’s Son Masayoshi

Posted on September 16, 2015September 18, 2015 by Debito Arudou, Ph.D.

mytest

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Hi Blog. One person I have kept some track of over the years is the leader of SoftBank, Son Masayoshi. While I don’t really see his sensitivity towards minorities in Japan translating into flexibility towards NJ residents in SoftBank’s business practices (SoftBank, like NTT DoCoMo, demands a deposit from its NJ customers (to the tune of 100,000 yen) in order to get an iPhone subscription (something not mentioned on its Japanese site). I also have a friend from overseas who, during his monthlong journeys around Japan, had his phone hacked into, and was saddled with a $1400 internet bill on his credit card when he went back; protests to the company were met with a, “You’re a foreigner, so you must have misunderstood how to use our phone; you’re just trying to skip out on paying your bill,” reception from SoftBank. This despite SoftBank having him on record renting the very same phone five times before and paying without incident.), Son is being interviewed below as a discrimination fighter. This is the first I’ve heard of him doing this (and I hope this article also came out in Japanese), so let’s hope he continues in this vein. And that SoftBank knocks off its hypocritically discriminatory business practices. Dr. ARUDOU, Debito

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SoftBank’s Son stands up to anti-Korean bigotry in Japan
Nikkei Asian Review August 27, 2015 12:00 am JST, Courtesy of AA

TOKYO — SoftBank Group Chairman and CEO Masayoshi Son has long been discriminated against by Japanese because he is ethnically Korean.
http://asia.nikkei.com/magazine/20150827-THE-GREAT-FALL/Business/SoftBank-s-Son-stands-up-to-anti-Korean-bigotry-in-Japan

Even in his early childhood, he was attacked verbally and physically by Japanese classmates. In kindergarten, he was jeered at for being Korean. Once, another child cut his head open with a stone.

Today, he finds himself the target of malicious comments on the Internet. In a recent interview, Son talked about his experiences and his decision to be open about his background.

Q: Why did you choose to use your Korean family name instead of your Japanese one?

A: I used to go by Masayoshi Yasumoto before I went to the U.S. at the age of 16.

After I returned from the U.S. and decided to start a business, I had a choice before me — whether I should go with the Japanese family name Yasumoto, which all my family and relatives use, or the ancestral surname Son.

It is undoubtedly easier to go by Yasumoto when living in Japanese society. A number of celebrities and professional athletes use Japanese family names in their chosen professions. It is not my intention to criticize such a practice. But I decided to go against the tide and become the first among my relatives to use Son as my family name.

I won’t go into the reasons and the origin of this issue, but if you are born into one of those families of Korean descent, you are subject to groundless discrimination. There are many children who undergo such hardship.

When I was in elementary and junior high school, I was in agony over my identity so much that I seriously contemplated taking my own life. I’d say discrimination against people is that tough.

Then you might ask why I decided to go against all my relatives, including uncles and aunts, and started to use the Korean family name, Son.

I wanted to become a role model for ethnic Korean children and show them that a person of Korean descent like me, who publicly uses a Korean surname, can achieve success despite various challenges. If my doing so gives a sense of hope to even just one young person or 100 of them, I believe that is a million times more effective than raising a placard and shouting, “No discrimination.”

Q: Your coming out as an ethnic Korean risked involving the rest of your family, right?

A: I met with fierce objections from my relatives, who had hidden their real family name to live their lives in a small community. One of my relatives said, “If you come out as a Son from among us, that will expose all of us.”

People would start saying things like “They are ethnic Koreans” or “Your nephew is a Son, not a Yasumoto. So, you, too, are part of the kimchee clan.” That’s why they tried to dissuade me. But I told them: “What I will do may disturb you all, uncles and aunties. If so, you don’t need to say that I am a relative of yours. Just pretend that I am not related to you.”

Q: I hope there will be more success stories like yours in Japan. What do you think is necessary for that to happen?

A: Currently, many Japanese companies are losing confidence. They are losing out to competition and have collectively become introverted. In such circumstances, even if we are the only one, SoftBank has risen to the occasion and taken on much bigger rivals in the U.S. And if we survive … that will create a ripple effect and inspire even one company or 10 companies. I think that’s a form of social contribution.

Son speaks before an audience. The slogan in the background says, “Challenge yourself and new horizons will emerge.”
Not just us, but Mr. Tadashi Yanai (chairman and president of Fast Retailing) and Mr. Shigenobu Nagamori (chairman and president of Nidec), and Rakuten, DeNA and other companies are working hard to challenge themselves. If young business leaders can set a couple of successful precedents, that could give a much-needed boost and help revive the Japanese economy.

While it is important to oppose a move toward widening the wealth gap and put in place a social safety net, I think there is no need to stand in the way of other people’s success. It is unnecessary to gang up and lash out at those who are successful.

Successful people can serve as a light of hope for others. Personally, I think it is important to create a society where we can praise success and successful people. That will help keep alive Japanese dreams and create Japanese heroes.

Interviewed by Nikkei Ecology staff writer Takahiro Onishi; Nikkei Business Online Editor-in-Chief Shintaro Ikeda contributed to this story.

ENDS

Yomiuri: More Japanese public baths OK tattooed visitors (particularly NJ) for 2020 Olympics: suddenly it’s all about showing “understanding of foreign cultures”

Posted on September 12, 2015September 12, 2015 by Debito Arudou, Ph.D.

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:

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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:

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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

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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

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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

Reader TH: Refused treatment at neurological hospital by setting overly-high hurdles for J-translation services

Posted on September 2, 2015 by Debito Arudou, Ph.D.

mytest

Hi Blog. Submitted for your approval (cue Twilight Zone theme):

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Date: September 3, 2015
From: TH

Hi Dr Debito, I thought you might be interested in my experience of trying to get an appointment at the top hospital for neurology in Japan. Basically they refuse to see me unless I pay for a specialist medical interpreter – they won’t even see me with a third party volunteer hospital interpreter.

I have a problem with a nerve at the base of my spine. It may or may not be caused by an accident I had early last year in which a taxi hit me when I was riding my bicycle.

I got a referral to the 国立精神・神経センター from my clinic because my research said they were the best in Japan for neurology.

I called them up to organize an appointment. My Japanese isn’t great so they told me in Japanese that I need a Japanese speaker to call on my behalf to make an appointment. I guess this is because they couldn’t get all the info needed to set up the appointment.

I had my Japanese teacher call during a lesson of mine and set up the appointment for me. They told her that I couldn’t come alone because of my language level. If I did come without a Japanese speaker they would cancel my appointment on the spot and not see me. I was surprised at this and as I was put on the spot, I said that’s ok, I’ll get a friend to come with me.

I thought about it and as the appointment time is this Monday at 9:45 am none of my friends could come with me. I searched out a group that organizes a free medical interpretation service telephone line staffed by trained professionals. They were a great help. They have to be engaged from the hospital side so I called the hospital and said in Japanese that I couldn’t get a friend to come so I will need to use this volunteer service.

The lady from the hospital called the volunteer service. The lady from the volunteer service called me back and said that the hospital refused to allow telephone based interpretation during my appointment. I must have a person come with me. I said ok. The lady from the volunteer service organized a volunteer to go with me and then called the hospital to confirm.

The hospital said they would not accept a layperson as a volunteer to accompany me. The hospital said that I must engage a professional medical interpreter. I thought this strange – they initially said that I need to come with a friend. A friend would undoubtedly be a layperson as well, so their refusal of a lay volunteer seems contradictory and petulant.

At this point it is too much hassle and will become prohibitively expensive to go to this hospital.

Is it legal to treat me like this?

Kind regards, TH
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COMMENT: It is NOT illegal in Japan, and that is the problem. We have discussed numerous times on Debito.org about awful NJ hospital treatment (such as saying aloud that your NJ client should die; see here too) and outright NJ refusals (see here, here, and here, for example). They call into question how well-regarded (or even enforced) the Hippocratic Oath is in Japan.

Moreover, claiming a language barrier as grounds of refusal is a common tactic amongst discriminators in Japan (it adds more plausible deniability than an overt “Japanese Only” sign), and it looks like that is happening in this event too. But in the case of medical treatment, it is a much more serious issue, as it can be a matter of life and death.

Comments and assistance from Debito.org Readers is welcome below, and TH can respond with more details there as he sees best. Dr. ARUDOU Debito

Asahi: Supreme Court backs stripping children of Japanese nationality if parents lapse in registering their births abroad

Posted on August 29, 2015 by Debito Arudou, Ph.D.

mytest

Hi Blog. I just found this in my “drafts” folder, and I apologize for not getting to it sooner.

Debito.org has mentioned before how creative judicial interpretations of Japan’s Nationality Law Article 12

(which states, in toto: “A Japanese national who was born in a foreign country and has acquired a foreign nationality by birth shall lose Japanese nationality retroactively as from the time of birth, unless the Japanese national clearly indicates his or her volition to reserve Japanese nationality according to the provisions of the Family Registration Law (Law No.224 of 1947))

are a) systematically stripping children born to mixed-nationality couples of their Japanese citizenship simply for bureaucratic expedience (for if both parents were Japanese nationals, Article 12 did not apply); and b) effectively absolving Japanese men from taking responsibility for sowing their wild oats abroad (item 8).

Now according to the ruling reported to below, it looks like Article 12 now does apply even if both parents are Japanese nationals — you have three whole months to get registered, otherwise you clearly aren’t a real Japanese. Except that in the case cited, the exclusionism is again being enforced on mudblood kids simply because their parents slipped up with proper procedure.

It remains unclear if a Japanese mother who gives birth overseas (and would hitherto automatically retain Japanese nationality for her child) and does not register her child would void the Japanese citizenship, but the intent of the interpretation below is basically to prevent dual nationality, not honor jus sanguinis ties under the law. So this looks to be an affirmation and expansion of the 2012 Tokyo District Court case, a reversal of the 2008 Supreme Court case, moreover expanded to both parents regardless of nationality.

This is what can happen if you dare give birth outside of the motherland and legally acquire a suspicious second passport. Dr. ARUDOU, Debito

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Top court backs repeal of Japanese nationality due to parents’ lapse abroad
Asahi Shinbun March 11, 2015 By TAKAAKI NISHIYAMA/ Staff Writer
http://ajw.asahi.com/article/behind_news/social_affairs/AJ201503110080

The Supreme Court confirmed that authorities can revoke the Japanese nationality of children born outside Japan whose parents fail to submit the proper paperwork within three months of their babies’ births.

The top court’s ruling on March 10 said Article 12 of the Nationality Law, which defines the procedures to maintain Japanese nationality, does not violate the Constitution.

As a result of the ruling, 15 female and male children born in the Philippines to Japanese fathers married to Filipino mothers have lost their Japanese nationality. They had argued that the article was irrational and discriminatory against Japanese born abroad.

The Nationality Law stipulates that if either parent of a baby born outside Japan is a Japanese national, the child will automatically acquire Japanese nationality and can also obtain the nationality of the country of birth.

But the parents must submit a notification to a Japanese administrative institution within three months of the baby’s birth to maintain the Japanese nationality, according to Article 12 of the law.

In the top court’s first ruling on the constitutionality of the provision, Takehiko Otani, presiding justice of the court’s Third Petty Bench, said, “The legislative purpose (of Article 12) designed to avoid dual nationality is rational and constitutional.”

According to the plaintiffs, their Japanese nationality was revoked because their parents did not know about the provision and failed to submit the documents to Japanese authorities within the designated three-month period.

The Supreme Court said Article 12 is “not irrational nor discriminatory against people born overseas” because it gives the parents three months to submit the notification.

The top court also noted another provision in the law, which allows such children to obtain Japanese nationality before they reach 20 years old if they notify authorities that have a permanent address in Japan.

ENDS